[Congressional Record Volume 147, Number 136 (Thursday, October 11, 2001)]
[House]
[Pages H6507-H6568]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 2217, DEPARTMENT OF THE INTERIOR AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2002

  Mr. REGULA submitted the following conference report and statement on 
the bill (H.R. 2217) making appropriations for the Department of the 
Interior and related agencies for the fiscal year ending September 30, 
2002, and for other purposes:

                  Conference Report (H. Rept. 107-234)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2217) ``making appropriations for the Department of the 
     Interior and related agencies for the fiscal year ending 
     September 30, 2002, and for other purposes'', having met, 
     after full and free conference, have agreed to recommend and 
     do recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
     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:

[[Page H6508]]

                  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)), 
     $775,632,000, to remain available until expended, of which 
     $1,000,000 is for high priority projects which shall be 
     carried out by the Youth Conservation Corps, defined in 
     section 250(c)(4)(E) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, for the purposes of 
     such Act; of which $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 
     $775,632,000, 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 fiscal year 2001 balances in 
     the Federal Infrastructure Improvement account for the Bureau 
     of Land Management shall be transferred to and merged with 
     this appropriation, and shall remain available until 
     expended.


                        wildland fire management

       For necessary expenses for fire preparedness, suppression 
     operations, fire science and research, emergency 
     rehabilitation, hazardous fuels reduction, and rural fire 
     assistance by the Department of the Interior, $624,421,000, 
     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, $54,000,000, to remain available 
     until expended, of which $34,000,000 is for wildfire 
     suppression and $20,000,000 is for burned areas 
     rehabilitation: Provided, That the Congress designates the 
     entire amount 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 
     $54,000,000 shall be available only to the extent an official 
     budget request, that includes designation of the $54,000,000 
     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, $13,076,000, to 
     remain available until expended.


                       payments in lieu of taxes

       For expenses necessary to implement the Act of October 20, 
     1976, as amended (31 U.S.C. 6901-6907), $210,000,000, 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) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, for the purposes of such Act: Provided, 
     That no payment shall be made to otherwise eligible units of 
     local government if the computed amount of the payment is 
     less than $100.


                            land acquisition

       For expenses necessary to carry out sections 205, 206, and 
     318(d) of Public Law 94-579, including administrative 
     expenses and acquisition of lands or waters, or interests 
     therein, $49,920,000, 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.


                   oregon and california grant lands

       For expenses necessary for management, protection, and 
     development of resources and for construction, operation, and 
     maintenance of access roads, reforestation, and other 
     improvements on the revested Oregon and California Railroad 
     grant lands, on other Federal lands in the Oregon and 
     California land-grant counties of Oregon, and on adjacent 
     rights-of-way; and acquisition of lands or interests therein 
     including existing connecting roads on or adjacent to such 
     grant lands; $105,165,000, to remain available until 
     expended: Provided, That 25 percent of the aggregate of all 
     receipts during the current fiscal year from the revested 
     Oregon and California Railroad grant lands is hereby made a 
     charge against the Oregon and California land-grant fund 
     and shall be transferred to the General Fund in the 
     Treasury in accordance with the second paragraph of 
     subsection (b) of title II of the Act of August 28, 1937 
     (50 Stat. 876).


               forest ecosystems health and recovery fund

                   (revolving fund, special account)

       In addition to the purposes authorized in Public Law 102-
     381, funds made available in the Forest Ecosystem Health and 
     Recovery Fund can be used for the purpose of planning, 
     preparing, and monitoring salvage timber sales and forest 
     ecosystem health and recovery activities such as release from 
     competing vegetation and density control treatments. The 
     Federal share of receipts (defined as the portion of salvage 
     timber receipts not paid to the counties under 43 U.S.C. 
     1181f and 43 U.S.C. 1181-1 et seq., and Public Law 103-66) 
     derived from treatments funded by this account shall be 
     deposited into the Forest Ecosystem Health and Recovery Fund.


                           range improvements

       For rehabilitation, protection, and acquisition of lands 
     and interests therein, and improvement of Federal rangelands 
     pursuant to section 401 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701), notwithstanding any 
     other Act, sums equal to 50 percent of all moneys received 
     during the prior fiscal year under sections 3 and 15 of the 
     Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
     designated for range improvements from grazing fees and 
     mineral leasing receipts from Bankhead-Jones lands 
     transferred to the Department of the Interior pursuant to 
     law, but not less than $10,000,000, to remain available until 
     expended: Provided, That not to exceed $600,000 shall be 
     available for administrative expenses.


               service charges, deposits, and forfeitures

       For administrative expenses and other costs related to 
     processing application documents and other authorizations for 
     use and disposal of public lands and resources, for costs of 
     providing copies of official public land documents,

[[Page H6509]]

     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 2003, 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, 2003''.

                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, $850,597,000, to 
     remain available until September 30, 2003, except as 
     otherwise provided herein, of which $29,000,000 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 United States Fish and Wildlife 
     Service shall be transferred to and merged with this 
     appropriation, and shall remain available until expended: 
     Provided further, That not less than $2,000,000 shall be 
     provided to local governments in southern California for 
     planning associated with the Natural Communities Conservation 
     Planning (NCCP) program and shall remain available until 
     expended: Provided further, That $2,000,000 is for high 
     priority projects which shall be carried out by the Youth 
     Conservation Corps, defined in section 250(c)(4)(E) 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)), of which not to exceed $6,000,000 shall be 
     used for any activity regarding the designation of critical 
     habitat, pursuant to subsection (a)(3), excluding litigation 
     support, for species already listed pursuant to subsection 
     (a)(1) as of the date of enactment this Act: Provided 
     further, That of the amount available for law enforcement, up 
     to $400,000 to remain available until expended, may at the 
     discretion of the Secretary, be used for payment for 
     information, rewards, or evidence concerning violations of 
     laws administered by the Service, and miscellaneous and 
     emergency expenses of enforcement activity, authorized or 
     approved by the Secretary and to be accounted for solely on 
     her certificate: Provided further, That of the amount 
     provided for environmental contaminants, up to $1,000,000 may 
     remain available until expended for contaminant sample 
     analyses.


                              construction

       For construction, improvement, acquisition, or removal of 
     buildings and other facilities required in the conservation, 
     management, investigation, protection, and utilization of 
     fishery and wildlife resources, and the acquisition of lands 
     and interests therein; $55,543,000, 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, $99,135,000, to be derived 
     from the Land and Water Conservation Fund, to remain 
     available until expended, and to be for the conservation 
     activities defined in section 250(c)(4)(E) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     for the purposes of such Act: Provided, That none of the 
     funds appropriated for specific land acquisition projects can 
     be used to pay for any administrative overhead, planning or 
     other management costs except that, in fiscal year 2002 only, 
     not to exceed $2,500,000 may be used consistent with the 
     Service's cost allocation methodology: Provided further, That 
     the United States Fish and Wildlife Service is authorized to 
     purchase the common stock of Yauhannah Properties, Inc. for 
     the purposes of inclusion of real property owned by that 
     corporation into the Waccamaw National Wildlife Refuge.


                      landowner incentive program

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     private conservation efforts to be carried out on private 
     lands, $40,000,000, to be derived from the Land and Water 
     Conservation Fund, to remain available until expended, and to 
     be for conservation spending category activities pursuant to 
     section 251(c) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of 
     discretionary spending limits: Provided, That the amount 
     provided herein is for a Landowner Incentive Program 
     established by the Secretary that provides matching, 
     competitively awarded grants to States, the District of 
     Columbia, Tribes, Puerto Rico, Guam, the United States Virgin 
     Islands, the Northern Mariana Islands, and American Samoa, to 
     establish, or supplement existing, landowner incentive 
     programs that provide technical and financial assistance, 
     including habitat protection and restoration, to private 
     landowners for the protection and management of habitat to 
     benefit federally listed, proposed, or candidate species, 
     or other at-risk species on private lands.


                           stewardship grants

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     private conservation efforts to be carried out on private 
     lands, $10,000,000, to be derived from the Land and Water 
     Conservation Fund, to remain available until expended, and to 
     be for conservation spending category activities pursuant to 
     section 251(c) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of 
     discretionary spending limits: Provided, That the amount 
     provided herein is for the Secretary to establish a Private 
     Stewardship Grants Program to provide grants and other 
     assistance to individuals and groups engaged in private 
     conservation efforts that benefit federally listed, proposed, 
     or candidate species, or other at-risk species.


            cooperative endangered species conservation fund

       For expenses necessary to carry out section 6 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as 
     amended, $96,235,000, 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) 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, $43,500,000, to remain available until expended 
     and to be for the conservation activities defined in section 
     250(c)(4)(E) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of such 
     Act: Provided, That, notwithstanding any other provision of 
     law, amounts in excess of funds provided in fiscal year 2001 
     shall be used only for projects in the United States.


                neotropical migratory bird conservation

       For financial assistance for projects to promote the 
     conservation of neotropical migratory birds in accordance 
     with the Neotropical Migratory Bird Conservation Act, Public 
     Law 106-247 (16 U.S.C. 6101-6109), $3,000,000, to remain 
     available until expended.


                multinational species conservation fund

       For expenses necessary to carry out the African Elephant 
     Conservation Act (16 U.S.C. 4201-

[[Page H6510]]

     4203, 4211-4213, 4221-4225, 4241-4245, and 1538), the Asian 
     Elephant Conservation Act of 1997 (Public Law 105-96; 16 
     U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act 
     of 1994 (16 U.S.C. 5301-5306), and the Great Ape Conservation 
     Act of 2000 (16 U.S.C. 6301), $4,000,000, to remain available 
     until expended: Provided, That funds made available under 
     this Act, Public Law 106-291, and Public Law 106-554 and 
     hereafter in annual 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 of funds)

       For wildlife conservation grants to States and to the 
     District of Columbia, Puerto Rico, Guam, the United States 
     Virgin Islands, the Northern Mariana Islands, American Samoa, 
     and federally recognized Indian tribes under the provisions 
     of the Fish and Wildlife Act of 1956 and the Fish and 
     Wildlife Coordination Act, for the development and 
     implementation of programs for the benefit of wildlife and 
     their habitat, including species that are not hunted or 
     fished, $85,000,000, to be derived from the Land and Water 
     Conservation Fund, to remain available until expended, and to 
     be for the conservation activities defined in section 
     250(c)(4)(E) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of such 
     Act: Provided, That of the amount provided herein, $5,000,000 
     is for a competitive grant program for Indian tribes not 
     subject to the remaining provisions of this appropriation: 
     Provided further, That the Secretary shall, after deducting 
     said $5,000,000 and administrative expenses, apportion the 
     amount provided herein in the following manner: (A) to the 
     District of Columbia and to the Commonwealth of Puerto Rico, 
     each a sum equal to not more than one-half of 1 percent 
     thereof: and (B) to Guam, American Samoa, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands, each a sum equal to not more than one-fourth of 1 
     percent thereof: Provided further, That the Secretary shall 
     apportion the remaining amount in the following manner: (A) 
     one-third of which is based on the ratio to which the land 
     area of such State bears to the total land area of all such 
     States; and (B) two-thirds of which is based on the ratio to 
     which the population of such State bears to the total 
     population of all such States: Provided further, That the 
     amounts apportioned under this paragraph shall be adjusted 
     equitably so that no State shall be apportioned a sum which 
     is less than 1 percent of the amount available for 
     apportionment under this paragraph for any fiscal year or 
     more than 5 percent of such amount: Provided further, That 
     the Federal share of planning grants shall not exceed 75 
     percent of the total costs of such projects and the 
     Federal share of implementation grants shall not exceed 50 
     percent of the total costs of such projects: Provided 
     further, That the non-Federal share of such projects may 
     not be derived from Federal grant programs: Provided 
     further, That no State, territory, or other jurisdiction 
     shall receive a grant unless it has developed, or 
     committed to develop by October 1, 2005, a comprehensive 
     wildlife conservation plan, consistent with criteria 
     established by the Secretary of the Interior, that 
     considers the broad range of the State, territory, or 
     other jurisdiction's wildlife and associated habitats, 
     with appropriate priority placed on those species with the 
     greatest conservation need and taking into consideration 
     the relative level of funding available for the 
     conservation of those species: Provided further, That any 
     amount apportioned in 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, $25,000,000 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, 
     $1,476,977,000, of which $10,869,000 for research, planning 
     and interagency coordination in support of land acquisition 
     for Everglades restoration shall remain available until 
     expended; and of which $72,640,000, 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) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, for the purposes of such Act, for high priority 
     projects: Provided, That the only funds in this account which 
     may be made available to support United States Park Police 
     are those funds approved for emergency law and order 
     incidents pursuant to established National Park Service 
     procedures, those funds needed to maintain and repair United 
     States Park Police administrative facilities, and those funds 
     necessary to reimburse the United States Park Police account 
     for the unbudgeted overtime and travel costs associated with 
     special events for an amount not to exceed $10,000 per event 
     subject to the review and concurrence of the Washington 
     headquarters office: Provided further, That none of the funds 
     in this or any other Act may be used to fund a new Associate 
     Director position for Partnerships.


                       United States Park Police

       For expenses necessary to carry out the programs of the 
     United States Park Police, $65,260,000.


                   CONTRIBUTION FOR ANNUITY BENEFITS

       For reimbursement (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, $66,159,000, of which $500,000 are for grants pursuant 
     to the National Underground Railroad Network to Freedom Act 
     of 1988 (16 U.S.C. 469l, as amended).


                     urban park and recreation fund

       For expenses necessary to carry out the provisions of the 
     Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 
     2501 et seq.), $30,000,000, to remain available until 
     expended and to be for the conservation activities defined in 
     section 250(c)(4)(E) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, for the purposes of 
     such Act.


                       historic preservation fund

       For expenses necessary in carrying out the Historic 
     Preservation Act of 1966, as amended (16 U.S.C. 470), and the 
     Omnibus Parks and Public Lands Management Act of 1996 (Public 
     Law 104-333), $74,500,000, 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) of the Balanced Budget and Emergency 
     Deficit Control Control Act of 1985, as amended, for the 
     purposes of such Act: Provided, That, of the amount provided 
     herein, $2,500,000, to remain available until expended, is 
     for a grant for the perpetual care and maintenance of 
     National Trust Historic Sites, as authorized under 16 U.S.C. 
     470a(e)(2), to be made available in full upon signing of a 
     grant agreement: Provided further, That, notwithstanding any 
     other provision of law, these funds shall be available for 
     investment with the proceeds to be used for the same purpose 
     as set out herein: Provided further, That of the total amount 
     provided, $30,000,000 shall be for Save America's Treasures 
     for priority preservation projects, 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, $376,044,000, to remain

[[Page H6511]]

     available until expended, of which $66,851,000 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 of the amount provided for Cuyahoga National Park, 
     $200,000 may be used for the Cuyahoga Valley Scenic Railroad 
     platform and station in Canton, Ohio.


                    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, $274,117,000, 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 of 1985, as amended, for the purposes of such 
     Act, of which $144,000,000 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 Protection and Expansion Act: Provided further, 
     That funds provided under this heading for assistance to the 
     State of Florida to acquire lands within the Everglades 
     watershed are contingent upon new matching non-Federal funds 
     by the State and shall be subject to an agreement that the 
     lands to be acquired will be managed in perpetuity for the 
     restoration of the Everglades: Provided further, That none of 
     the funds provided for the State Assistance program may be 
     used to establish a contingency fund.


                       administrative provisions

       Appropriations for the National Park Service shall be 
     available for the purchase of not to exceed 315 passenger 
     motor vehicles, of which 256 shall be for replacement only, 
     including not to exceed 237 for police-type use, 11 buses, 
     and 8 ambulances: Provided, That none of the funds 
     appropriated to the National Park Service may be used to 
     process any grant or contract documents which do not include 
     the text of 18 U.S.C. 1913: Provided further, That none of 
     the funds appropriated to the National Park Service may be 
     used to implement an agreement for the redevelopment of the 
     southern end of Ellis Island until such agreement has been 
     submitted to the Congress and shall not be implemented prior 
     to the expiration of 30 calendar days (not including any day 
     in which either House of Congress is not in session because 
     of adjournment of more than 3 calendar days to a day certain) 
     from the receipt by the Speaker of the House of 
     Representatives and the President of the Senate of a full and 
     comprehensive report on the development of the southern end 
     of Ellis Island, including the facts and circumstances relied 
     upon in support of the proposed project.
       None of the funds in this Act may be spent by the National 
     Park Service for activities taken in direct response to the 
     United Nations Biodiversity Convention.
       The National Park Service may distribute to operating units 
     based on the safety record of each unit the costs of programs 
     designed to improve workplace and employee safety, and to 
     encourage employees receiving workers' compensation benefits 
     pursuant to chapter 81 of title 5, United States Code, to 
     return to appropriate positions for which they are medically 
     able.
       Notwithstanding any other provision of law, the National 
     Park Service may convey a leasehold or freehold interest in 
     Cuyahoga NP to allow for the development of utilities and 
     parking needed to support the historic Everett Church in the 
     village of Everett, Ohio.

                    United States Geological Survey


                 surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, biology, and the 
     mineral and water resources of the United States, its 
     territories and possessions, and other areas as authorized by 
     43 U.S.C. 31, 1332, and 1340; classify lands as to their 
     mineral and water resources; give engineering supervision to 
     power permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); and publish and disseminate data relative to the 
     foregoing activities; and to conduct inquiries into the 
     economic conditions affecting mining and materials 
     processing industries (30 U.S.C. 3, 21a, and 1603; 50 
     U.S.C. 98g(1)) and related purposes as authorized by law 
     and to publish and disseminate data; $914,002,000, 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 $26,374,000 shall be available until 
     September 30, 2003 for the operation and maintenance of 
     facilities and deferred maintenance; and of which 
     $166,389,000 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) 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, $150,667,000, of which $83,344,000, 
     shall be available for royalty management activities; and an 
     amount not to exceed $102,730,000, to be credited to this 
     appropriation and to remain available until expended, from 
     additions to receipts resulting from increases to rates in 
     effect on August 5, 1993, from rate increases to fee 
     collections for Outer Continental Shelf administrative 
     activities performed by the Minerals Management Service over 
     and above the rates in effect on September 30, 1993, and from 
     additional fees for Outer Continental Shelf administrative 
     activities established after September 30, 1993: Provided, 
     That to the extent $102,730,000 in additions to receipts are 
     not realized from the sources of receipts stated above, the 
     amount needed to reach $102,730,000 shall be credited to this 
     appropriation from receipts resulting from rental rates for 
     Outer Continental Shelf leases in effect before August 5, 
     1993: Provided further, That $3,000,000 for computer 
     acquisitions shall remain available until September 30, 2003: 
     Provided further, That funds appropriated under this Act 
     shall be available for the payment of interest in accordance 
     with 30 U.S.C. 1721(b) and (d): Provided further, That not to 
     exceed $3,000 shall be available for reasonable expenses 
     related to promoting volunteer beach and marine cleanup 
     activities: Provided further, That notwithstanding any other 
     provision of law, $15,000 under this heading shall be 
     available for refunds of overpayments in connection with 
     certain Indian leases in which the Director of the Minerals 
     Management Service (MMS) concurred with the claimed refund 
     due, to pay amounts owed to Indian allottees or tribes, or to 
     correct prior unrecoverable erroneous payments: Provided 
     further, That MMS may under the royalty-in-kind pilot program 
     use a portion of the revenues from royalty-in-kind sales, 
     without regard to fiscal year limitation, to pay for 
     transportation to wholesale market centers or upstream 
     pooling points, and to process or otherwise dispose of 
     royalty production taken in kind: Provided further, That MMS 
     shall analyze and document the expected return in advance of 
     any royalty-in-kind sales to assure to the maximum extent 
     practicable that royalty income under the pilot program is 
     equal to or greater than royalty income recognized under a 
     comparable royalty-in-value program.


                           oil spill research

       For necessary expenses to carry out title I, section 1016, 
     title IV, sections 4202 and 4303, title VII, and title VIII, 
     section 8201 of the Oil Pollution Act of 1990, $6,105,000, 
     which shall be derived from the Oil Spill Liability Trust 
     Fund, to remain available until expended.

[[Page H6512]]

          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; 
     $102,800,000: 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, $203,455,000, 
     to be derived from receipts of the Abandoned Mine Reclamation 
     Fund and to remain available until expended; of which up to 
     $10,000,000, to be derived from the Federal Expenses Share of 
     the Fund, shall be for supplemental grants to States for the 
     reclamation of abandoned sites with acid mine rock drainage 
     from coal mines, and for associated activities, through the 
     Appalachian Clean Streams Initiative: Provided, That grants 
     to minimum program States will be $1,500,000 per State in 
     fiscal year 2002: Provided further, That of the funds herein 
     provided up to $18,000,000 may be used for the emergency 
     program authorized by section 410 of Public Law 95-87, as 
     amended, of which no more than 25 percent shall be used for 
     emergency reclamation projects in any one State and funds for 
     federally administered emergency reclamation projects under 
     this proviso shall not exceed $11,000,000: Provided further, 
     That prior year unobligated funds appropriated for the 
     emergency reclamation program shall not be subject to the 25 
     percent limitation per State and may be used without fiscal 
     year limitation for emergency projects: Provided further, 
     That pursuant to Public Law 97-365, the Department of the 
     Interior is authorized to use up to 20 percent from the 
     recovery of the delinquent debt owed to the United States 
     Government to pay for contracts to collect these debts: 
     Provided further, That funds made available under title IV of 
     Public Law 95-87 may be used for any required non-Federal 
     share of the cost of projects funded by the Federal 
     Government for the purpose of environmental restoration 
     related to treatment or abatement of acid mine drainage from 
     abandoned mines: Provided further, That such projects must be 
     consistent with the purposes and priorities of the Surface 
     Mining Control and Reclamation Act: Provided further, That, 
     in addition to the amount granted to the Commonwealth of 
     Pennsylvania under sections 402 (g)(1) and 402(g)(5) of the 
     Surface Mining Control and Reclamation Act (Act), an 
     additional $500,000 will be specifically used for the purpose 
     of conducting a demonstration project in accordance with 
     section 401(c)(6) of the Act to determine the efficacy of 
     improving water quality by removing metals from eligible 
     waters polluted by acid mine drainage: 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, 
     $1,799,809,000, 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, $357,132,000, to remain available until expended: 
     Provided, That such amounts as may be available for the 
     construction of the Navajo Indian Irrigation Project may be 
     transferred to the Bureau of Reclamation: Provided further, 
     That not to exceed 6 percent of contract authority available 
     to the Bureau of Indian Affairs from the Federal Highway 
     Trust Fund may be used to cover the road program management 
     costs of the Bureau: Provided further, That any funds 
     provided for the Safety of Dams program pursuant to 25 U.S.C. 
     13 shall be made available on a nonreimbursable basis: 
     Provided further, That for fiscal year 2002, in implementing 
     new construction or facilities improvement and repair project 
     grants in excess of $100,000 that are provided to tribally 
     controlled grant schools under Public Law 100-297, as 
     amended, the Secretary of the Interior shall use the 
     Administrative and Audit Requirements and Cost Principles for 
     Assistance Programs contained in 43 CFR part 12 as the 
     regulatory requirements: Provided further, That such grants 
     shall not be subject to section 12.61 of 43 CFR; the 
     Secretary and the grantee shall negotiate and determine a 
     schedule of payments for the work to be performed: Provided 
     further, That in considering applications, the Secretary 
     shall consider whether the Indian tribe or tribal 
     organization would be deficient in assuring that the 
     construction projects conform to applicable building 
     standards and codes and Federal, tribal, or State health and 
     safety standards as required by 25 U.S.C. 2005(a), with 
     respect to organizational and financial management 
     capabilities: Provided further, That if the Secretary 
     declines an application, the Secretary shall follow the 
     requirements contained in 25 U.S.C. 2505(f): Provided 
     further, That any disputes between the Secretary and any 
     grantee concerning a grant shall be subject to the disputes 
     provision in 25 U.S.C. 2508(e): Provided further, That 
     notwithstanding any other provision of law, not to exceed 
     $450,000 in collections from settlements between the United 
     States and contractors concerning the Dunseith Day School are 
     to be made available for school construction in fiscal year 
     2002 and thereafter.


 indian land and water claim settlements and miscellaneous payments to 
                                indians

       For miscellaneous payments to Indian tribes and individuals 
     and for necessary administrative expenses, $60,949,000, to 
     remain available until expended; of which $24,870,000 shall 
     be available for implementation of enacted Indian land and 
     water claim settlements pursuant to Public Laws 101-618 and 
     102-575, and for implementation of other enacted water rights 
     settlements; of which $7,950,000 shall be available for 
     future water supplies facilities under Public Law 106-163; of 
     which $21,875,000 shall be available pursuant to Public Laws 
     99-264, 100-580, 106-263, 106-425, 106-554, and 106-568; and 
     of which $6,254,000 shall be available for the consent decree 
     entered by the 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.

[[Page H6513]]

       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs for central office 
     operations, pooled overhead general administration (except 
     facilities operations and maintenance), or provided to 
     implement the recommendations of the National Academy of 
     Public Administration's August 1999 report shall be available 
     for tribal contracts, grants, compacts, or cooperative 
     agreements with the Bureau of Indian Affairs under the 
     provisions of the Indian Self-Determination Act or the Tribal 
     Self-Governance Act of 1994 (Public Law 103-413).
       In the event any tribe returns appropriations made 
     available by this Act to the Bureau of Indian Affairs for 
     distribution to other tribes, this action shall not diminish 
     the Federal Government's trust responsibility to that tribe, 
     or the government-to-government relationship between the 
     United States and that tribe, or that tribe's ability to 
     access future appropriations.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau, other than the amounts provided 
     herein for assistance to public schools under 25 U.S.C. 452 
     et seq., shall be available to support the operation of any 
     elementary or secondary school in the State of Alaska.
       Appropriations made available in this or any other Act for 
     schools funded by the Bureau shall be available only to the 
     schools in the Bureau school system as of September 1, 1996. 
     No funds available to the Bureau shall be used to support 
     expanded grades for any school or dormitory beyond the grade 
     structure in place or approved by the Secretary of the 
     Interior at each school in the Bureau school system as of 
     October 1, 1995. Funds made available under this Act may not 
     be used to establish a charter school at a Bureau-funded 
     school (as that term is defined in section 1146 of the 
     Education Amendments of 1978 (25 U.S.C. 2026)), except that a 
     charter school that is in existence on the date of the 
     enactment of this Act and that has operated at a Bureau-
     funded school before September 1, 1999, may continue to 
     operate during that period, but only if the charter school 
     pays to the Bureau a pro rata share of funds to reimburse the 
     Bureau for the use of the real and personal property 
     (including buses and vans), the funds of the charter school 
     are kept separate and apart from Bureau funds, and the Bureau 
     does not assume any obligation for charter school programs of 
     the State in which the school is located if the charter 
     school loses such funding. Employees of Bureau-funded schools 
     sharing a campus with a charter school and performing 
     functions related to the charter school's operation and 
     employees of a charter school shall not be treated as Federal 
     employees for purposes of chapter 171 of title 28, 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, 
     $78,950,000, of which: (1) $74,422,000 shall be available 
     until expended for technical assistance, including 
     maintenance assistance, disaster assistance, insular 
     management controls, coral reef initiative activities, and 
     brown tree snake control and research; grants to the 
     judiciary in American Samoa for compensation and expenses, as 
     authorized by law (48 U.S.C. 1661(c)); grants to the 
     Government of American Samoa, in addition to current local 
     revenues, for construction and support of governmental 
     functions; grants to the Government of the Virgin Islands as 
     authorized by law; grants to the Government of Guam, as 
     authorized by law; and grants to the Government of the 
     Northern Mariana Islands as authorized by law (Public Law 94-
     241; 90 Stat. 272); and (2) $4,528,000 shall be available for 
     salaries and expenses of the Office of Insular Affairs: 
     Provided, That all financial transactions of the territorial 
     and local governments herein provided for, including such 
     transactions of all agencies or instrumentalities established 
     or used by such governments, may be audited by the General 
     Accounting Office, at its discretion, in accordance with 
     chapter 35 of title 31, United States Code: Provided further, 
     That Northern Mariana Islands Covenant grant funding shall be 
     provided according to those terms of the Agreement of the 
     Special Representatives on Future United States Financial 
     Assistance for the Northern Mariana Islands approved by 
     Public Law 104-134: Provided further, That of the funds 
     provided herein for American Samoa government operations, the 
     Secretary is directed to use up to $20,000 to increase 
     compensation of the American Samoa High Court Justices: 
     Provided further, That of the amounts provided for technical 
     assistance, not to exceed $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 (with territorial participation and cost 
     sharing to be determined by the Secretary based on the 
     grantees commitment to timely maintenance of its capital 
     assets): Provided further, That any appropriation for 
     disaster assistance under this heading in this Act or 
     previous appropriations Acts may be used as non-Federal 
     matching funds for the purpose of hazard mitigation grants 
     provided pursuant to section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c).

                      compact of free association

       For economic assistance and necessary expenses for the 
     Federated States of Micronesia and the Republic of the 
     Marshall Islands as provided for in sections 122, 221, 223, 
     232, and 233 of the Compact of Free Association, and for 
     economic assistance and necessary expenses for the Republic 
     of Palau as provided for in sections 122, 221, 223, 232, and 
     233 of the Compact of Free Association, $23,245,000, to 
     remain available until expended, as authorized by Public Law 
     99-239 and Public Law 99-658.

                        Departmental Management


                         salaries and expenses

       For necessary expenses for management of the Department of 
     the Interior, $67,741,000, 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, 
     $45,000,000.

                      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.), $5,497,000, to 
     remain available until expended.


                       administrative provisions

       There is hereby authorized for acquisition from available 
     resources within the Working Capital Fund, 15 aircraft, 10 of 
     which shall be for replacement and which may be obtained by 
     donation, purchase or through available excess surplus 
     property: Provided, That notwithstanding any other provision 
     of law, existing aircraft being replaced may be sold, with 
     proceeds derived or trade-in value used to offset the 
     purchase price for the replacement aircraft: Provided 
     further, That no programs funded with appropriated funds in 
     the ``Departmental Management'', ``Office of the Solicitor'', 
     and ``Office of Inspector General'' may be augmented through 
     the Working Capital Fund or the Consolidated Working Fund.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

       Sec. 101. Appropriations made in this title shall be 
     available for expenditure or transfer

[[Page H6514]]

     (within each bureau or office), with the approval of the 
     Secretary, for the emergency reconstruction, replacement, or 
     repair of aircraft, buildings, utilities, or other facilities 
     or equipment damaged or destroyed by fire, flood, storm, or 
     other unavoidable causes: Provided, That no funds shall be 
     made available under this authority until funds specifically 
     made available to the Department of the Interior for 
     emergencies shall have been exhausted: Provided further, That 
     all funds used pursuant to this section are hereby designated 
     by Congress to be ``emergency requirements'' pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible.
       Sec. 102. The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of wildland fires on or threatening lands under 
     the jurisdiction of the Department of the Interior; for the 
     emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oil spills; for response and natural resource damage 
     assessment activities related to actual oil spills; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
     emergency reclamation projects under section 410 of Public 
     Law 95-87; and shall transfer, from any no year funds 
     available to the Office of Surface Mining Reclamation and 
     Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act: Provided, That appropriations made in 
     this title for wildland fire operations shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for wildland fire operations, such 
     reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof: Provided further, 
     That for wildland fire operations, no funds shall be made 
     available under this authority until the Secretary determines 
     that funds appropriated for ``wildland fire operations'' 
     shall be exhausted within 30 days: Provided further, That all 
     funds used pursuant to this section are hereby designated by 
     Congress to be ``emergency requirements'' pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible: Provided further, That such 
     replenishment funds shall be used to reimburse, on a pro rata 
     basis, accounts from which emergency funds were transferred.
       Sec. 103. Appropriations made in this title shall be 
     available for operation of warehouses, garages, shops, and 
     similar facilities, wherever consolidation of activities will 
     contribute to efficiency or economy, and said appropriations 
     shall be reimbursed for services rendered to any other 
     activity in the same manner as authorized by sections 1535 
     and 1536 of title 31, United States Code: Provided, That 
     reimbursements for costs and supplies, materials, equipment, 
     and for services rendered may be credited to the 
     appropriation current at the time such reimbursements are 
     received.
       Sec. 104. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; hire, 
     maintenance, and operation of aircraft; hire of passenger 
     motor vehicles; purchase of reprints; payment for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and the payment 
     of dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members.
       Sec. 105. Appropriations available to the Department of the 
     Interior for salaries and expenses shall be available for 
     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901-5902 and D.C. Code 4-204).
       Sec. 106. Annual appropriations made in this title shall be 
     available for obligation in connection with contracts issued 
     for services or rentals for periods not in excess of 12 
     months beginning at any time during the fiscal year.
       Sec. 107. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     preleasing, leasing and related activities placed under 
     restriction in the President's moratorium statement of June 
     12, 1998, in the areas of northern, central, and southern 
     California; the North Atlantic; Washington and Oregon; and 
     the eastern Gulf of Mexico south of 26 degrees north latitude 
     and east of 86 degrees west longitude.
       Sec. 108. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     oil and natural gas preleasing, leasing, and related 
     activities, on lands within the North Aleutian Basin planning 
     area.
       Sec. 109. No funds provided in this title may be expended 
     by the Department of the Interior to conduct offshore oil and 
     natural gas preleasing, leasing and related activities in the 
     eastern Gulf of Mexico planning area for any lands located 
     outside Sale 181, as identified in the final Outer 
     Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
     2002.
       Sec. 110. No funds provided in this title may be expended 
     by the Department of the Interior to conduct oil and natural 
     gas preleasing, leasing and related activities in the Mid-
     Atlantic and South Atlantic planning areas.
       Sec. 111. Advance payments made under this title to Indian 
     tribes, tribal organizations, and tribal consortia pursuant 
     to the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.) may be invested by the 
     Indian tribe, tribal organization, or consortium before such 
     funds are expended for the purposes of the grant, compact, or 
     annual funding agreement so long as such funds are--
       (1) invested by the Indian tribe, tribal organization, or 
     consortium only in obligations of the United States, or in 
     obligations or securities that are guaranteed or insured by 
     the United States, or mutual (or other) funds registered with 
     the Securities and Exchange Commission and which only invest 
     in obligations of the United States or securities that are 
     guaranteed or insured by the United States; or
       (2) deposited only into accounts that are insured by an 
     agency or instrumentality of the United States, or are fully 
     collateralized to ensure protection of the funds, even in the 
     event of a bank failure.
       Sec. 112. Notwithstanding any other provisions of law, the 
     National Park Service shall not develop or implement a 
     reduced entrance fee program to accommodate non-local travel 
     through a unit. The Secretary may provide for and regulate 
     local non-recreational passage through units of the National 
     Park System, allowing each unit to develop guidelines and 
     permits for such activity appropriate to that unit.
       Sec. 113. Appropriations made in this Act under the 
     headings Bureau of Indian Affairs and Office of Special 
     Trustee for American Indians and any available unobligated 
     balances from prior appropriations Acts made under the same 
     headings, shall be available for expenditure or transfer for 
     Indian trust management activities pursuant to the Trust 
     Management Improvement Project High Level Implementation 
     Plan.
       Sec. 114. A grazing permit or lease that expires (or is 
     transferred) during fiscal year 2002 shall be renewed under 
     section 402 of the Federal Land Policy and Management Act of 
     1976, as amended (43 U.S.C. 1752) or if applicable, section 
     510 of the California Desert Protection Act (16 U.S.C. 
     410aaa-50). The terms and conditions contained in the 
     expiring permit or lease shall continue in effect under the 
     new permit or lease until such time as the Secretary of the 
     Interior completes processing of such permit or lease in 
     compliance with all applicable laws and regulations, at which 
     time such permit or lease may be canceled, suspended or 
     modified, in whole or in part, to meet the requirements of 
     such applicable laws and regulations. Nothing in this section 
     shall be deemed to alter the Secretary's statutory authority: 
     Provided, That any Federal lands included within the boundary 
     of Lake Roosevelt National Recreation Area, as designated by 
     the Secretary of the Interior on April 5, 1990, (Lake 
     Roosevelt Cooperative Management Agreement) that were 
     utilized as of March 31, 1997, for grazing purposes pursuant 
     to a permit issued by the National Park Service, the person 
     or persons so utilizing such lands as of March 31, 1997, 
     shall be entitled to renew said permit under such terms and 
     conditions as the Secretary may prescribe, for the lifetime 
     of the permittee or 20 years, whichever is less.
       Sec. 115. Notwithstanding any other provision of law, for 
     the purpose of reducing the backlog of Indian probate cases 
     in the Department of the Interior, the hearing requirements 
     of chapter 10 of title 25, United States Code, are deemed 
     satisfied by a proceeding conducted by an Indian probate 
     judge, appointed by the Secretary without regard to the 
     provisions of title 5, United States Code, governing the 
     appointments in the competitive service, for such period of 
     time as the Secretary determines necessary: Provided, That 
     the basic pay of an Indian probate judge so appointed may be 
     fixed by the Secretary without regard to the provisions of 
     chapter 51, and subchapter III of chapter 53 of title 5, 
     United States Code, governing the classification and pay of 
     General Schedule employees, except that no such Indian 
     probate judge may be paid at a level which exceeds the 
     maximum rate payable for the highest grade of the General 
     Schedule, including locality pay.
       Sec. 116. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to redistribute any 
     Tribal Priority Allocation funds, including tribal base 
     funds, to alleviate tribal funding inequities by transferring 
     funds to address identified, unmet needs, dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies. No tribe shall receive a reduction in Tribal 
     Priority Allocation funds of more than 10 percent in fiscal 
     year 2002. Under circumstances of dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies, the 10 percent limitation does not apply.
       Sec. 117. None of the funds in this Act may be used to 
     establish a new National Wildlife Refuge in the Kankakee 
     River basin that is inconsistent with the United States Army 
     Corps of Engineers' efforts to control flooding and siltation 
     in that area. Written certification of consistency shall be 
     submitted to the House and Senate Committees on 
     Appropriations prior to refuge establishment.
       Sec. 118. Funds appropriated for the Bureau of Indian 
     Affairs for postsecondary schools for fiscal year 2002 shall 
     be allocated among the schools proportionate to the unmet 
     need of the schools as determined by the Postsecondary 
     Funding Formula adopted by the Office of Indian Education 
     Programs.
       Sec. 119. (a) The Secretary of the Interior shall take such 
     action as may be necessary to

[[Page H6515]]

     ensure that the lands comprising the Huron Cemetery in Kansas 
     City, Kansas (as described in section 123 of Public Law 106-
     291) are used only in accordance with this section.
       (b) The lands of the Huron Cemetery shall be used only: (1) 
     for religious and cultural uses that are compatible with the 
     use of the lands as a cemetery; and (2) as a burial ground.
       Sec. 120. No funds appropriated for the Department of the 
     Interior by this Act or any other Act shall be used to study 
     or implement any plan to drain Lake Powell or to reduce the 
     water level of the lake below the range of water levels 
     required for the operation of the Glen Canyon Dam.
       Sec. 121. Notwithstanding any other provision of law, in 
     conveying the Twin Cities Research Center under the authority 
     provided by Public Law 104-134, as amended by Public Law 104-
     208, the Secretary may accept and retain land and other forms 
     of reimbursement: Provided, That the Secretary may retain and 
     use any such reimbursement until expended and without further 
     appropriation: (1) for the benefit of the National Wildlife 
     Refuge System within the State of Minnesota; and (2) for all 
     activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
       Sec. 122. Section 412(b) of the National Parks Omnibus 
     Management Act of 1998, as amended (16 U.S.C. 5961) is 
     amended by striking ``2001'' and inserting ``2002''.
       Sec. 123. Notwithstanding other provisions of law, the 
     National Park Service may authorize, through cooperative 
     agreement, the Golden Gate National Parks Association to 
     provide fee-based education, interpretive and visitor service 
     functions within the Crissy Field and Fort Point areas of the 
     Presidio.
       Sec. 124. Notwithstanding 31 U.S.C. 3302(b), sums received 
     by the Bureau of Land Management for the sale of seeds or 
     seedlings including those collected in fiscal year 2001, may 
     be credited to the appropriation from which funds were 
     expended to acquire or grow the seeds or seedlings and are 
     available without fiscal year limitation.
       Sec. 125. Tribal School Construction Demonstration Program. 
     (a) Definitions.--In this section:
       (1) Construction.--The term ``construction'', with respect 
     to a tribally controlled school, includes the construction or 
     renovation of that school.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Tribally controlled school.--The term ``tribally 
     controlled school'' has the meaning given that term in 
     section 5212 of the Tribally Controlled Schools Act of 1988 
     (25 U.S.C. 2511).
       (5) Department.--The term ``Department'' means the 
     Department of the Interior.
       (6) Demonstration program.--The term ``demonstration 
     program'' means the Tribal School Construction Demonstration 
     Program.
       (b) In General.--The Secretary shall carry out a 
     demonstration program to provide grants to Indian tribes for 
     the construction of tribally controlled schools.
       (1) In general.--Subject to the availability of 
     appropriations, in carrying out the demonstration program 
     under subsection (b), the Secretary shall award a grant to 
     each Indian tribe that submits an application that is 
     approved by the Secretary under paragraph (2). The Secretary 
     shall ensure that an eligible Indian tribe currently on the 
     Department's priority list for construction of replacement 
     educational facilities receives the highest priority for a 
     grant under this section.
       (2) Grant applications.--An application for a grant under 
     the section shall--
       (A) include a proposal for the construction of a tribally 
     controlled school of the Indian tribe that submits the 
     application; and
       (B) be in such form as the Secretary determines 
     appropriate.
       (3) Grant agreement.--As a condition to receiving a grant 
     under this section, the Indian tribe shall enter into an 
     agreement with the Secretary that specifies--
       (A) the costs of construction under the grant;
       (B) that the Indian tribe shall be required to contribute 
     towards the cost of the construction a tribal share equal to 
     50 percent of the costs; and
       (C) any other term or condition that the Secretary 
     determines to be appropriate.
       (4) Eligibility.--Grants awarded under the demonstration 
     program shall only be for construction of replacement 
     tribally controlled schools.
       (c) Effect of Grant.--A grant received under this section 
     shall be in addition to any other funds received by an Indian 
     tribe under any other provision of law. The receipt of a 
     grant under this section shall not affect the eligibility of 
     an Indian tribe receiving funding, or the amount of funding 
     received by the Indian tribe, under the Tribally Controlled 
     Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450 et seq.).
       Sec. 126. White River Oil Shale Mine, Utah. (a) Sale.--The 
     Administrator of General Services (referred to in this 
     section as the ``Administrator'') shall sell all right, 
     title, and interest of the United States in and to the 
     improvements and equipment described in subsection (b) that 
     are situated on the land described in subsection (c) 
     (referred to in this section as the ``Mine'').
       (b) Description of Improvements and Equipment.--The 
     improvements and equipment referred to in subsection (a) are 
     the following improvements and equipment associated with the 
     Mine:
       (1) Mine Service Building.
       (2) Sewage Treatment Building.
       (3) Electrical Switchgear Building.
       (4) Water Treatment Building/Plant.
       (5) Ventilation/Fan Building.
       (6) Water Storage Tanks.
       (7) Mine Hoist Cage and Headframe.
       (8) Miscellaneous Mine-related equipment.
       (c) Description of Land.--The land referred to in 
     subsection (a) is the land located in Uintah County, Utah, 
     known as the ``White River Oil Shale Mine'' and described as 
     follows:
       (1) T. 10 S., R. 24 E., Salt Lake Meridian, sections 12 
     through 14, 19 through 30, 33, and 34.
       (2) T. 10 S., R. 25 E., Salt Lake Meridian, sections 18 and 
     19.
       (d) Use of Proceeds.--The proceeds of the sale under 
     subsection (a)--
       (1) shall be deposited in a special account in the Treasury 
     of the United States; and
       (2) shall be available until expended, without further Act 
     of appropriation--
       (A) first, to reimburse the Administrator for the direct 
     costs of the sale; and
       (B) second, to reimburse the Bureau of Land Management Utah 
     State Office for the costs of closing and rehabilitating the 
     Mine.
       (e) Mine Closure and Rehabilitation.--The closing and 
     rehabilitation of the Mine (including closing of the mine 
     shafts, site grading, and surface revegetation) shall be 
     conducted in accordance with--
       (1) the regulatory requirements of the State of Utah, the 
     Mine Safety and Health Administration, and the Occupational 
     Safety and Health Administration; and
       (2) other applicable law.
       Sec. 127. 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. 128. The Lytton Rancheria of California shall not 
     conduct Class III gaming as defined in Public Law 100-497 on 
     land taken into trust for the tribe pursuant to Public Law 
     106-568 except in compliance with all required compact 
     provisions of section 2710(d) of Public Law 100-497 or any 
     relevant Class III gaming procedures.
       Sec. 129. 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''.
       Sec. 130. From within funds available to the National Park 
     Service, such sums as may be necessary shall be used for 
     expenses necessary to complete and issue, no later than 
     January 1, 2004, an Environmental Impact Statement (EIS) to 
     identify and analyze the possible effects of the 1996 
     increases in the number of vessel entries issued for Glacier 
     Bay National Park and Preserve: Provided, That such EIS, upon 
     its completion, shall be used by the Secretary to set the 
     maximum level of vessel entries: Provided further, That until 
     the Secretary sets the level of vessel entries based on the 
     new EIS, the number of vessel entries into the Park shall be 
     the same as that in effect during the 2000 calendar year and 
     the National Park Service approval of modified Alternative 5 
     and promulgation of the final rule issued on May 30, 1996, 
     relating to vessel entries, including the number of such 
     entries, for Glacier Bay National Park and Preserve are 
     hereby approved and shall be in effect notwithstanding any 
     other provision of law until the Secretary sets the maximum 
     level of vessel entries consistent with this section: 
     Provided further, That nothing in this section shall preclude 
     the Secretary from suspending or revoking any vessel entry 
     if the Secretary determines that it is necessary to 
     protect Park resources.
       Sec. 131. No funds contained in this Act shall be used to 
     approve the transfer of lands on South Fox Island, Michigan 
     until Congress has authorized such transfer.
       Sec. 132. Funds provided in this Act for Federal land 
     acquisition by the National Park Service for Brandywine 
     Battlefield, Mississippi National River and Recreation Area, 
     Shenandoah Valley Battlefields National Historic District, 
     and Ice Age National Scenic Trail may be used for a grant to 
     a State, a local government, or any other governmental land 
     management entity for the acquisition of lands without regard 
     to any restriction on the use of Federal land acquisition 
     funds provided through the Land and Water Conservation Fund 
     Act of 1965 as amended.
       Sec. 133. Section 902(b)(5) of Public Law 106-568 is hereby 
     amended by inserting a comma after ``N\1/2\''.
       Sec. 134. Clarification of the Secretary of the Interior's 
     Authority Under Sections 2701-2721 of Title 25, United States 
     Code. The authority to determine whether a specific area of 
     land is a ``reservation'' for purposes of sections 2701-2721 
     of title 25, United States Code, was delegated to the 
     Secretary of the Interior on October 17, 1988: Provided, That 
     nothing in this section shall be construed to permit gaming 
     under the Indian Gaming Regulatory Act on the lands described 
     in section 123 of Public Law 106-291 or any lands contiguous 
     to such lands that have not been taken into trust by the 
     Secretary of the Interior.
       Sec. 135. Black Rock Desert-High Rock Canyon Emigrant 
     Trails National Conservation Area. (a) Areas Included.--The 
     Black Rock Desert-High Rock Canyon Emigrant Trails National 
     Conservation Area Act of 2000 is amended in sections 4(b) (16 
     U.S.C. 460ppp-2(b)) and 8(a) (16 U.S.C. 460ppp-6(a)) by 
     striking ``July 19, 2000'' each place it appears and 
     inserting ``October 3, 2001''.
       (b) Road Maintenance.--Section 5 of the Black Rock Desert-
     High Rock Canyon Emigrant Trails National Conservation Area 
     Act of 2000 (16 U.S.C. 460ppp-3) is amended by adding at the 
     end the following:

[[Page H6516]]

       ``(h) Road Maintenance.--Within the conservation area the 
     Secretary may permit the use of gravel pits for the 
     maintenance of roads within the conservation area under the 
     Materials Act of 1947 (30 U.S.C. 601 et seq.) to the extent 
     consistent with this Act and subject to such regulations, 
     policies, and practices as the Secretary considers 
     necessary.''.
       (c) Hunting, Trapping, and Fishing.--Section 8 of the Black 
     Rock Desert-High Rock Canyon Emigrant Trails National 
     Conservation Area Act of 2000 (16 U.S.C. 460ppp-6) is amended 
     by adding at the end the following:
       ``(e) Hunting, Trapping, and Fishing.--
       ``(1) In general.--Nothing in this Act diminishes the 
     jurisdiction of the State of Nevada with respect to fish and 
     wildlife management, including regulation of hunting and 
     fishing on public land in the areas designated as wilderness 
     under subsection (a).
       ``(2) Applicable law.--Any action in the areas designated 
     as wilderness under subsection (a) shall be consistent with 
     the Wilderness Act (16 U.S.C. 1131 et seq.).''.
       (d) Wildland Fire Protection.--Section 8 of the Black Rock 
     Desert-High Rock Canyon Emigrant Trails National Conservation 
     Area Act of 2000 (16 U.S.C. 460ppp-6) (as amended by 
     subsection (c)) is amended by adding at the end the 
     following:
       ``(f) Wildland Fire Protection.--Nothing in this Act or the 
     Wilderness Act (16 U.S.C. 1131 et seq.) precludes a Federal, 
     State, or local agency from conducting wildland fire 
     management operations (including prescribed burns) within the 
     areas designated as wilderness under subsection (a), subject 
     to any conditions that the Secretary considers 
     appropriate.''.
       (e) Wilderness Study Release.--Section 8 of the Black Rock 
     Desert-High Rock Canyon Emigrant Trails National Conservation 
     Area Act of 2000 (16 U.S.C. 460ppp-6) (as amended by 
     subsection (d)) is amended by adding at the end the 
     following:
       ``(g) Wilderness Study Release.--Congress--
       ``(1) finds that the parcels of land in the wilderness 
     study areas referred to in subsection (a) that are not 
     designated as wilderness by subsection (a) have been 
     adequately studied for wilderness designation under section 
     603 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1782); and
       ``(2) declares that those parcels are no longer subject to 
     the requirement of subsection (c) of that section pertaining 
     to the management of wilderness study areas in a manner that 
     does not impair the suitability of such areas for 
     preservation as wilderness.''.

                       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, $241,304,000, 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, $291,221,000, to remain available until expended, 
     as authorized by law, of which $65,000,000 is for the Forest 
     Legacy Program, and $36,000,000 is for the Urban and 
     Community Forestry Program, defined in section 250(c)(4)(E) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, for the purposes of such Act: Provided, 
     That none of the funds provided under this heading for the 
     acquisition of lands or interests in lands shall be available 
     until the Forest Service notifies the House Committee on 
     Appropriations and the Senate Committee on Appropriations, in 
     writing, of specific acquisition of lands or interests in 
     lands to be undertaken with such funds: Provided further, 
     That notwithstanding any other provision of law, of the funds 
     provided under this heading, $4,500,000 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, $1,331,439,000, to 
     remain available until expended, which shall include 50 
     percent of all moneys received during prior fiscal years as 
     fees collected under the Land and Water Conservation Fund Act 
     of 1965, as amended, in accordance with section 4 of the Act 
     (16 U.S.C. 460l-6a(i)): Provided, That unobligated balances 
     available at the start of fiscal year 2002 shall be displayed 
     by budget line item in the fiscal year 2003 budget 
     justification: Provided further, That the Secretary may 
     authorize the expenditure or transfer of such sums as 
     necessary to the Department of the Interior, Bureau of Land 
     Management for removal, preparation, and adoption of excess 
     wild horses and burros from National Forest System lands: 
     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.


                        wildland fire management

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, hazardous fuel reduction on 
     or adjacent to such lands, and for emergency rehabilitation 
     of burned-over National Forest System lands and water, 
     $1,214,349,000, 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, $8,000,000 of funds appropriated under this 
     appropriation shall be used for Fire Science Research in 
     support of the Joint Fire Science Program: Provided further, 
     That all authorities for the use of funds, including the use 
     of contracts, grants, and cooperative agreements, available 
     to execute the Forest and Rangeland Research appropriation, 
     are also available in the utilization of these funds for Fire 
     Science Research: Provided further, That funds provided shall 
     be available for emergency rehabilitation and restoration, 
     hazard reduction activities in the urban-wildland interface, 
     support to Federal emergency response, and wildfire 
     suppression activities of the Forest Service; Provided 
     further, That of the funds provided, $209,010,000 is for 
     hazardous fuel treatment, $3,668,000 is for rehabilitation 
     and restoration, $10,376,000 is for capital improvement and 
     maintenance of fire facilities, $22,265,000 is for research 
     activities and to make competitive research grants pursuant 
     to the Forest and Rangeland Renewable Resources Research Act, 
     as amended (16 U.S.C. 1641 et seq.), $50,383,000 is for state 
     fire assistance, $8,262,000 is for volunteer fire assistance, 
     $11,974,000 is for forest health activities on state, 
     private, and Federal lands, and $12,472,000 is for economic 
     action programs: Provided further, That amounts in this 
     paragraph may be transferred to the ``State and Private 
     Forestry'', ``National Forest System'', ``Forest and 
     Rangeland Research'', and ``Capital Improvement and 
     Maintenance'' accounts to fund state fire assistance, 
     volunteer fire assistance, and forest health management, 
     vegetation and watershed management, heritage site 
     rehabilitation, wildlife and fish habitat management, 
     trails and facilities maintenance and restoration: 
     Provided further, That transfers of any amounts in excess 
     of those authorized in this paragraph, shall require 
     approval of the House and Senate Committees on 
     Appropriations in compliance with reprogramming procedures 
     contained in House Report No. 105-163: Provided further, 
     That the costs of implementing any cooperative agreement 
     between the Federal government and any non-Federal entity 
     may be shared, as mutually agreed on by the affected 
     parties: Provided further, That in entering into such 
     grants or cooperative agreements, the Secretary may 
     consider the enhancement of local and small business 
     employment opportunities for rural communities, and that 
     in entering into procurement contracts under this section 
     on a best value basis, the Secretary may take into account 
     the ability of an entity to enhance local and small 
     business employment opportunities in rural communities, 
     and that the Secretary may award procurement contracts, 
     grants, or cooperative agreements under this section to 
     entities that include local non-profit entities, Youth 
     Conservation Corps or related partnerships with State, 
     local or non-profit youth groups, or small or 
     disadvantaged businesses: Provided further, That in 
     addition to funds provided for State Fire Assistance 
     programs, and subject to all authorities available to the 
     Forest Service under the State and Private Forestry 
     Appropriation, up to $15,000,000 may be used on adjacent 
     non-Federal lands for the purpose of protecting 
     communities when hazard reduction activities are planned 
     on national forest lands that have the potential to place 
     such communities at risk: Provided further, That included 
     in funding for hazardous fuel reduction is $5,000,000 for 
     implementing the Community Forest Restoration Act, Public 
     Law 106-393, title VI, and any portion of such funds shall 
     be available for use on non-Federal lands in accordance 
     with authorities available to the Forest Service under the 
     State and Private Forestry Appropriation: Provided 
     further, That:
       (1) In expending the funds provided with respect to this 
     Act for hazardous fuels reduction, the Secretary of the 
     Interior and the Secretary of Agriculture may conduct fuel 
     reduction treatments on Federal lands using all contracting 
     and hiring authorities available to the Secretaries 
     applicable to hazardous fuel reduction activities under the 
     wildland fire management accounts. Notwithstanding Federal 
     government procurement and contracting laws, the Secretaries 
     may conduct fuel reduction treatments on Federal lands using 
     grants and cooperative agreements. Notwithstanding Federal 
     government procurement and contracting laws, in order to 
     provide employment and training opportunities to people in 
     rural communities, the Secretaries may award contracts, 
     including contracts for monitoring activities, to--
       (A) local private, nonprofit, or cooperative entities;
       (B) Youth Conservation Corps crews or related partnerships, 
     with State, local and non-profit youth groups;
       (C) small or micro-businesses; or
       (D) other entities that will hire or train a significant 
     percentage of local people to complete such contracts. The 
     authorities described above relating to contracts, grants, 
     and cooperative agreements are available until all funds 
     provided in this title for hazardous fuels reduction 
     activities in the urban wildland interface are obligated.
       (2)(A) The Secretary of Agriculture may transfer or 
     reimburse funds to the United States Fish

[[Page H6517]]

     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, $346,000,000, to remain 
     available until expended, of which $200,000,000 is for 
     repayment of prior year advances from other appropriations 
     and accounts within the Wildland Fire appropriation 
     previously transferred for fire suppression, $66,000,000 is 
     for wildfire suppression operations, $59,000,000 is for land 
     rehabilitation and restoration, $5,000,000 is for research 
     activities and to make competitive research grants 
     pursuant to the Forest and Rangeland Renewable Resources 
     Research Act, as amended (16 U.S.C. 1641 et seq.), 
     $10,000,000 is for capital improvement and maintenance of 
     fire facilities, $6,000,000 is for state fire assistance: 
     Provided, That the Congress designates the entire amount 
     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 
     $346,000,000 shall be available only to the extent that an 
     official budget request, that includes designation of the 
     $346,000,000 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, $546,188,000, 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: Provided further, That 
     from funds provided to the Forest Service in Public Law 106-
     291, $500,000 is hereby transferred from the Capital 
     Improvement and Maintenance appropriation to the State and 
     Private Forestry appropriation.


                            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, $149,742,000 to be derived from the Land and 
     Water Conservation Fund, to remain available until expended, 
     and to be for the conservation activities defined in section 
     250(c)(4)(E) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of such 
     Act.


         acquisition of lands for national forests special acts

       For acquisition of lands within the exterior boundaries of 
     the Cache, Uinta, and Wasatch National Forests, Utah; the 
     Toiyabe National Forest, Nevada; and the Angeles, San 
     Bernardino, Sequoia, and Cleveland National Forests, 
     California, as authorized by law, $1,069,000, to be derived 
     from forest receipts.


            acquisition of lands to complete land exchanges

       For acquisition of lands, such sums, to be derived from 
     funds deposited by State, county, or municipal governments, 
     public school districts, or other public school authorities 
     pursuant to the Act of December 4, 1967, as amended (16 
     U.S.C. 484a), to remain available until expended.

                         range betterment fund

       For necessary expenses of range rehabilitation, protection, 
     and improvement, 50 percent of all moneys received during the 
     prior fiscal year, as fees for grazing domestic livestock on 
     lands in National Forests in the 16 Western States, pursuant 
     to section 401(b)(1) of Public Law 94-579, as amended, to 
     remain available until expended, of which not to exceed 6 
     percent shall be available for administrative expenses 
     associated with on-the-ground range rehabilitation, 
     protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

       For expenses authorized by 16 U.S.C. 1643(b), $92,000, to 
     remain available until expended, to be derived from the fund 
     established pursuant to the above Act.


        Management of National Forest Lands for Subsistence Uses

       For necessary expenses of the Forest Service to manage 
     federal lands in Alaska for subsistence uses under title VIII 
     of the Alaska National Interest Lands Conservation Act 
     (Public Law 96-487), $5,488,000, 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; (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 available to the Forest Service shall be 
     transferred to the Working Capital Fund of the Department of 
     Agriculture that exceed the total amount transferred during 
     fiscal year 2000 for such purposes without the advance 
     approval of the House and Senate Committees on 
     Appropriations.
       Funds available to the Forest Service shall be available to 
     conduct a program of not less than $2,000,000 for high 
     priority projects within the scope of the approved budget 
     which shall be carried out by the Youth Conservation Corps, 
     defined in section 250(c)(4)(E) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, for the 
     purposes of such Act.
       Of the funds available to the Forest Service, $2,500 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, up to 
     $2,250,000 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

[[Page H6518]]

     administrative expenses: Provided further, That section 
     403(a) of the National Forest Foundation Act (16 U.S.C. 583j-
     1(a)) is amended by inserting after the first sentence the 
     following new sentence: ``At the discretion of the Secretary 
     of Agriculture, the Secretary may increase the number of 
     Directors to not more than twenty.'': Provided further, That 
     the Foundation shall obtain, by the end of the period of 
     Federal financial assistance, private contributions to match 
     on at least one-for-one basis funds made available by the 
     Forest Service: Provided further, That the Foundation may 
     transfer Federal funds to a non-Federal recipient for a 
     project at the same rate that the recipient has obtained the 
     non-Federal matching funds: Provided further, That hereafter, 
     the National Forest Foundation may hold Federal funds made 
     available but not immediately disbursed and may use any 
     interest or other investment income earned (before, on, or 
     after the date of the enactment of this Act) on Federal funds 
     to carry out the purposes of Public Law 101-593: Provided 
     further, That such investments may be made only in interest-
     bearing obligations of the United States or in obligations 
     guaranteed as to both principal and interest by the United 
     States.
       Pursuant to section 2(b)(2) of Public Law 98-244, 
     $2,650,000 of the funds available to the Forest Service shall 
     be available for matching funds to the National Fish and 
     Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, 
     and may be advanced in a lump sum as Federal financial 
     assistance, without regard to when expenses are incurred, for 
     projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That the 
     Foundation shall obtain, by the end of the period of Federal 
     financial assistance, private contributions to match on at 
     least one-for-one basis funds advanced by the Forest Service: 
     Provided further, That the Foundation may transfer Federal 
     funds to a non-Federal recipient for a project at the same 
     rate that the recipient has obtained the non-Federal matching 
     funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities for sustainable rural development purposes.
       Notwithstanding any other provision of law, 80 percent of 
     the funds appropriated to the Forest Service in the 
     ``National Forest System'' and ``Capital Improvement and 
     Maintenance'' accounts and planned to be allocated to 
     activities under the ``Jobs in the Woods'' program for 
     projects on National Forest land in the State of Washington 
     may be granted directly to the Washington State Department of 
     Fish and Wildlife for accomplishment of planned projects. 
     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


                         Clean Coal Technology

                               (deferral)

       Of the funds made available under this heading for 
     obligation in prior years, $40,000,000 shall not be available 
     until October 1, 2002: Provided, That funds made available in 
     previous appropriations Acts shall be available for any 
     ongoing project regardless of the separate request for 
     proposal under which the project was selected.


                 Fossil Energy Research and Development

                     (including transfer 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), 
     $616,490,000, to remain available until expended, of which 
     $11,000,000 is to begin a 7-year project for construction, 
     renovation, furnishing, and demolition or removal of 
     buildings at National Energy Technology Laboratory facilities 
     in Morgantown, West Virginia and Pittsburgh, Pennsylvania; 
     and for acquisition of lands, and interests therein, in 
     proximity to the National Energy Technology Laboratory, 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 and such sums as may 
     be appropriated in fiscal year 2003 are to be made available, 
     after coordination with the private sector, for a request for 
     proposals for a Clean Coal Power Initiative providing for 
     competitively-awarded demonstrations of commercial scale 
     technologies to reduce the barriers to continued and expanded 
     coal use: Provided, That the request for proposals shall be 
     issued no later than 120 days following enactment of this 
     Act, proposals shall be submitted no later than 150 days 
     after the issuance of the request for proposals, and the 
     Department of Energy shall make project selections no later 
     than 160 days after the receipt of proposals: Provided 
     further, That no project may be selected for which sufficient 
     funding is not available to provide for the total project: 
     Provided further, That funds shall be expended in accordance 
     with the provisions governing the use of funds contained 
     under the heading ``Clean Coal Technology'' in prior 
     appropriations: Provided further, That the Department may 
     include provisions for repayment of Government 
     contributions to individual projects in an amount up to 
     the Government contribution to the project on terms and 
     conditions that are acceptable to the Department including 
     repayments from sale and licensing of technologies from 
     both domestic and foreign transactions: Provided further, 
     That such repayments shall be retained by the Department 
     for future coal-related research, development and 
     demonstration projects: Provided further, That any 
     technology selected under this program shall be considered 
     a Clean Coal Technology, and any project selected under 
     this program shall be considered a Clean Coal Technology 
     Project, for the purposes of 42 U.S.C. Sec. 7651n, and 
     Chapters 51, 52, and 60 of title 40 of the Code of Federal 
     Regulations: Provided further, That funds excess to the 
     needs of the Power Plant Improvement Initiative 
     procurement provided for under this heading in Public Law 
     106-291 shall be made available for the Clean Coal Power 
     Initiative provided for under this heading in this Act: 
     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.

[[Page H6519]]

                      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 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, $912,805,000, to remain available until expended: 
     Provided, That $275,000,000 shall be for use in energy 
     conservation grant programs as defined in section 3008(3) of 
     Public Law 99-509 (15 U.S.C. 4507): Provided further, That 
     notwithstanding section 3003(d)(2) of Public Law 99-509, such 
     sums shall be allocated to the eligible programs as follows: 
     $230,000,000 for weatherization assistance grants and 
     $45,000,000 for State energy conservation grants: Provided 
     further, That 50 percent of the funds provided for the Energy 
     Efficiency Science Initiative for fiscal year 2002 and 
     thereafter shall be made available to the Fossil Energy 
     Research and Development account.


                          economic regulation

       For necessary expenses in carrying out the activities of 
     the Office of Hearings and Appeals, $1,996,000, to remain 
     available until expended.


                      strategic petroleum reserve

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), $179,009,000, 
     to remain available until expended, of which not to exceed 
     $8,000,000 shall be available for maintenance of a Northeast 
     Home Heating Oil Reserve.


                   energy information administration

       For necessary expenses in carrying out the activities of 
     the Energy Information Administration, $78,499,000, to remain 
     available until expended.

            administrative provisions, department of energy

       Appropriations under this Act for the current fiscal year 
     shall be available for hire of passenger motor vehicles; 
     hire, maintenance, and operation of aircraft; purchase, 
     repair, and cleaning of uniforms; and reimbursement to the 
     General Services Administration for security guard services.
       From appropriations under this Act, transfers of sums may 
     be made to other agencies of the Government for the 
     performance of work for which the appropriation is made.
       None of the funds made available to the Department of 
     Energy under this Act shall be used to implement or finance 
     authorized price support or loan guarantee programs unless 
     specific provision is made for such programs in an 
     appropriations Act.
       The Secretary is authorized to accept lands, buildings, 
     equipment, and other contributions from public and private 
     sources and to prosecute projects in cooperation with other 
     agencies, Federal, State, private or foreign: Provided, That 
     revenues and other moneys received by or for the account of 
     the Department of Energy or otherwise generated by sale of 
     products in connection with projects of the Department 
     appropriated under this Act may be retained by the 
     Secretary of Energy, to be available until expended, and 
     used only for plant construction, operation, costs, and 
     payments to cost-sharing entities as provided in 
     appropriate cost-sharing contracts or agreements: Provided 
     further, That the remainder of revenues after the making 
     of such payments shall be covered into the Treasury as 
     miscellaneous receipts: Provided further, That any 
     contract, agreement, or provision thereof entered into by 
     the Secretary pursuant to this authority shall not be 
     executed prior to the expiration of 30 calendar days (not 
     including any day in which either House of Congress is not 
     in session because of adjournment of more than 3 calendar 
     days to a day certain) from the receipt by the Speaker of 
     the House of Representatives and the President of the 
     Senate of a full comprehensive report on such project, 
     including the facts and circumstances relied upon in 
     support of the proposed project.
       No funds provided in this Act may be expended by the 
     Department of Energy to prepare, issue, or process 
     procurement documents for programs or projects for which 
     appropriations have not been made.
       In addition to other authorities set forth in this Act, the 
     Secretary may accept fees and contributions from public and 
     private sources, to be deposited in a contributed funds 
     account, and prosecute projects using such fees and 
     contributions in cooperation with other Federal, State or 
     private agencies or concerns.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         indian health services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $2,389,614,000, 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 $445,776,000 for 
     contract medical care shall remain available for obligation 
     until September 30, 2003: Provided further, That of the funds 
     provided, up to $22,000,000 shall be used to carry out the 
     loan repayment program under section 108 of the Indian Health 
     Care Improvement Act: Provided further, That funds provided 
     in this Act may be used for 1-year contracts and grants which 
     are to be performed in 2 fiscal years, so long as the total 
     obligation is recorded in the year for which the funds are 
     appropriated: Provided further, That the amounts collected by 
     the Secretary of Health and Human Services under the 
     authority of title IV of the Indian Health Care Improvement 
     Act shall remain available until expended for the purpose of 
     achieving compliance with the applicable conditions and 
     requirements of titles XVIII and XIX of the Social Security 
     Act (exclusive of planning, design, or construction of new 
     facilities): Provided further, That funding contained herein, 
     and in any earlier appropriations Acts for scholarship 
     programs under the Indian Health Care Improvement Act (25 
     U.S.C. 1613) shall remain available for obligation until 
     September 30, 2003: Provided further, That amounts received 
     by tribes and tribal organizations under title IV of the 
     Indian Health Care Improvement Act shall be reported and 
     accounted for and available to the receiving tribes and 
     tribal organizations until expended: Provided further, That, 
     notwithstanding any other provision of law, of the amounts 
     provided herein, not to exceed $268,234,000 shall be for 
     payments to tribes and tribal organizations for contract or 
     grant support costs associated with contracts, grants, self-
     governance compacts or annual funding agreements between the 
     Indian Health Service and a tribe or tribal organization 
     pursuant to the Indian Self-Determination Act of 1975, as 
     amended, prior to or during fiscal year 2002, of which not to 
     exceed $20,000,000 may be used for contract support costs 
     associated with new or expanded self-determination contracts, 
     grants, self-governance compacts or annual funding 
     agreements: Provided further, That funds available for the 
     Indian Health Care Improvement Fund may be used, as needed, 
     to carry out activities typically funded under the Indian 
     Health Facilities account.


                        Indian Health Facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act, and the Indian Health Care Improvement 
     Act, and for expenses necessary to carry out such Acts and 
     titles II and III of the Public Health Service Act with 
     respect to environmental health and facilities support 
     activities of the Indian Health Service, $369,487,000, to 
     remain available until expended: Provided, That 
     notwithstanding any other provision of law, funds 
     appropriated for the planning, design, construction or 
     renovation of health facilities for the benefit of an 
     Indian tribe or tribes may be used to purchase land for 
     sites to construct, improve, or enlarge health or related 
     facilities: Provided further, That from the funds 
     appropriated herein, $5,000,000 shall be designated by the 
     Indian Health Service as a contribution to the Yukon-
     Kuskokwim Health Corporation (YKHC) to continue a priority 
     project for the acquisition of land, planning, design and 
     construction of 79 staff quarters in the Bethel service 
     area, pursuant to the negotiated project agreement between 
     the YKHC and the Indian Health Service: Provided further, 
     That this project shall not be subject to the construction 
     provisions of the Indian Self-Determination and Education 
     Assistance Act and shall be removed from the Indian Health 
     Service priority list upon completion: Provided further, 
     That the Federal Government shall not be liable for any 
     property damages or other construction claims that may 
     arise from YKHC undertaking this project: Provided 
     further, That the land shall be owned or leased by the 
     YKHC and title to quarters shall remain vested with the 
     YKHC: Provided further, That $5,000,000 shall remain 
     available until expended for the purpose of funding up to 
     two joint venture health care facility projects authorized 
     under the Indian Health Care Improvement Act, as amended: 
     Provided further, That priority, by rank order, shall be 
     given to tribes with outpatient projects on the existing 
     Indian Health Services priority list that have Service-
     approved planning documents, and can demonstrate by March 
     1, 2002, the financial capability necessary to provide an 
     appropriate facility: Provided further, That joint venture 
     funds unallocated after March 1, 2002, shall be made 
     available for joint venture projects on a competitive 
     basis giving priority to tribes that currently have no 
     existing Federally-owned health care facility, have 
     planning documents meeting Indian Health Service 
     requirements prepared for approval by the Service and can 
     demonstrate the financial capability needed

[[Page H6520]]

     to provide an appropriate facility: Provided further, That 
     the Indian Health Service shall request additional 
     staffing, operation and maintenance funds for these 
     facilities in future budget requests: Provided further, 
     That not to exceed $500,000 shall be used by the Indian 
     Health Service to purchase TRANSAM equipment from the 
     Department of Defense for distribution to the Indian 
     Health Service and tribal facilities: Provided further, 
     That not to exceed $500,000 shall be used by the Indian 
     Health Service to obtain ambulances for the Indian Health 
     Service and tribal facilities in conjunction with an 
     existing interagency agreement between the Indian Health 
     Service and the General Services Administration: Provided 
     further, That not to exceed $500,000 shall be placed in a 
     Demolition Fund, available until expended, to be used by 
     the Indian Health Service for demolition of Federal 
     buildings: Provided further, That notwithstanding the 
     provisions of title III, section 306, of the Indian Health 
     Care Improvement Act (Public Law 94-437, as amended), 
     construction contracts authorized under title I of the 
     Indian Self-Determination and Education Assistance Act of 
     1975, as amended, may be used rather than grants to fund 
     small ambulatory facility construction projects: Provided 
     further, That if a contract is used, the IHS is authorized 
     to improve municipal, private, or tribal lands, and that 
     at no time, during construction or after completion of the 
     project will the Federal Government have any rights or 
     title to any real or personal property acquired as a part 
     of the contract: Provided further, That notwithstanding 
     any other provision of law or regulation, for purposes of 
     acquiring sites for a new clinic and staff quarters in St. 
     Paul Island, Alaska, the Secretary of Health and Human 
     Services may accept land donated by the Tanadgusix 
     Corporation.


            administrative provisions, indian health service

       Appropriations in this Act to the Indian Health Service 
     shall be available for services as authorized by 5 U.S.C. 
     3109 but at rates not to exceed the per diem rate equivalent 
     to the maximum rate payable for senior-level positions under 
     5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
     purchase of medical equipment; purchase of reprints; 
     purchase, renovation and erection of modular buildings and 
     renovation of existing facilities; payments for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and for uniforms 
     or allowances therefore as authorized by 5 U.S.C. 5901-5902; 
     and for expenses of attendance at meetings which are 
     concerned with the functions or activities for which the 
     appropriation is made or which will contribute to improved 
     conduct, supervision, or management of those functions or 
     activities.
       In accordance with the provisions of the Indian Health Care 
     Improvement Act, non-Indian patients may be extended health 
     care at all tribally administered or Indian Health Service 
     facilities, subject to charges, and the proceeds along with 
     funds recovered under the Federal Medical Care Recovery Act 
     (42 U.S.C. 2651-2653) shall be credited to the account of 
     the facility providing the service and shall be available 
     without fiscal year limitation. Notwithstanding any other 
     law or regulation, funds transferred from the Department 
     of Housing and Urban Development to the Indian Health 
     Service shall be administered under Public Law 86-121 (the 
     Indian Sanitation Facilities Act) and Public Law 93-638, 
     as amended.
       Funds appropriated to the Indian Health Service in this 
     Act, except those used for administrative and program 
     direction purposes, shall not be subject to limitations 
     directed at curtailing Federal travel and transportation.
       Notwithstanding any other provision of law, funds 
     previously or herein made available to a tribe or tribal 
     organization through a contract, grant, or agreement 
     authorized by title I or title III of the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), may be deobligated and reobligated to a self-
     determination contract under title I, or a self-governance 
     agreement under title III of such Act and thereafter shall 
     remain available to the tribe or tribal organization without 
     fiscal year limitation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used to implement the final rule 
     published in the Federal Register on September 16, 1987, by 
     the Department of Health and Human Services, relating to the 
     eligibility for the health care services of the Indian Health 
     Service until the Indian Health Service has submitted a 
     budget request reflecting the increased costs associated with 
     the proposed final rule, and such request has been included 
     in an appropriations Act and enacted into law.
       Funds made available in this Act are to be apportioned to 
     the Indian Health Service as appropriated in this Act, and 
     accounted for in the appropriation structure set forth in 
     this Act.
       With respect to functions transferred by the Indian Health 
     Service to tribes or tribal organizations, the Indian Health 
     Service is authorized to provide goods and services to those 
     entities, on a reimbursable basis, including payment in 
     advance with subsequent adjustment. The reimbursements 
     received therefrom, along with the funds received from those 
     entities pursuant to the Indian Self-Determination Act, may 
     be credited to the same or subsequent appropriation account 
     which provided the funding. Such amounts shall remain 
     available until expended.
       Reimbursements for training, technical assistance, or 
     services provided by the Indian Health Service will contain 
     total costs, including direct, administrative, and overhead 
     associated with the provision of goods, services, or 
     technical assistance.
       The appropriation structure for the Indian Health Service 
     may not be altered without advance approval of the House and 
     Senate Committees on Appropriations.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation


                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by Public Law 93-531, 
     $15,148,000, to remain available until expended: Provided, 
     That funds provided in this or any other appropriations Act 
     are to be used to relocate eligible individuals and groups 
     including evictees from District 6, Hopi-partitioned lands 
     residents, those in significantly substandard housing, and 
     all others certified as eligible and not included in the 
     preceding categories: Provided further, That none of the 
     funds contained in this or any other Act may be used by the 
     Office of Navajo and Hopi Indian Relocation to evict any 
     single Navajo or Navajo family who, as of November 30, 1985, 
     was physically domiciled on the lands partitioned to the Hopi 
     Tribe unless a new or replacement home is provided for such 
     household: Provided further, That no relocatee will be 
     provided with more than one new or replacement home: Provided 
     further, That the Office shall relocate any certified 
     eligible relocatees who have selected and received an 
     approved homesite on the Navajo reservation or selected a 
     replacement residence off the Navajo reservation or on the 
     land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        payment to the institute

       For payment to the Institute of American Indian and Alaska 
     Native Culture and Arts Development, as authorized by title 
     XV of Public Law 99-498, as amended (20 U.S.C. 56 part A), 
     $4,490,000.

                        Smithsonian Institution


                         Salaries and Expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease (for 
     terms not to exceed 30 years), and protection of buildings, 
     facilities, and approaches; not to exceed $100,000 for 
     services as authorized by 5 U.S.C. 3109; up to five 
     replacement passenger vehicles; purchase, rental, repair, and 
     cleaning of uniforms for employees, $399,253,000, of which 
     not to exceed $37,508,000 for the instrumentation program, 
     collections acquisition, exhibition reinstallation, the 
     National Museum of the American Indian, and the repatriation 
     of skeletal remains program shall remain available until 
     expended, and including such funds as may be necessary to 
     support American overseas research centers and a total of 
     $125,000 for the Council of American Overseas Research 
     Centers: Provided, That funds appropriated herein are 
     available for advance payments to independent contractors 
     performing research services or participating in official 
     Smithsonian presentations: Provided further, That the 
     Smithsonian Institution may expend Federal appropriations 
     designated in this Act for lease or rent payments for long 
     term and swing space, as rent payable to the Smithsonian 
     Institution, and such rent payments may be deposited into the 
     general trust funds of the Institution to the extent that 
     federally supported activities are housed in the 900 H 
     Street, N.W. building in the District of Columbia: Provided 
     further, That this use of Federal appropriations shall not be 
     construed as debt service, a Federal guarantee of, a transfer 
     of risk to, or an obligation of, the Federal Government: 
     Provided further, That no appropriated funds may be used to 
     service debt which is incurred to finance the costs of 
     acquiring the 900 H Street building or of planning, 
     designing, and constructing improvements to such building.


            repair, restoration and alteration of facilities

       For necessary expenses of maintenance, repair, restoration, 
     and alteration of facilities owned or occupied by the 
     Smithsonian Institution, by contract or otherwise, as 
     authorized by section 2 of the Act of August 22, 1949 (63 
     Stat. 623), including not to exceed $10,000 for services as 
     authorized by 5 U.S.C. 3109, $67,900,000, to remain available 
     until expended, of which $10,000,000 is provided for 
     maintenance, repair, rehabilitation and alteration of 
     facilities at the National Zoological Park: Provided, That 
     contracts awarded for environmental systems, protection 
     systems, and repair or restoration of facilities of the 
     Smithsonian Institution may be negotiated with selected 
     contractors and awarded on the basis of contractor 
     qualifications as well as price.


                              construction

       For necessary expenses for construction, $30,000,000, to 
     remain available until expended.


           administrative provisions, smithsonian institution

       None of the funds in this or any other Act may be used to 
     make any changes to the existing Smithsonian science programs 
     including closure of facilities, relocation of staff or 
     redirection of functions and programs without approval by the 
     Board of Regents of recommendations received from the Science 
     Commission.
       None of the funds in this or any other Act may be used to 
     initiate the design for any proposed expansion of current 
     space or new facility without consultation with the House and 
     Senate Appropriations Committees.
       None of the funds in this or any other Act may be used for 
     the Holt House located at the

[[Page H6521]]

     National Zoological Park in Washington, D.C., unless 
     identified as repairs to minimize water damage, monitor 
     structure movement, or provide interim structural support.
       None of the funds available to the Smithsonian may be 
     reprogrammed without the advance written approval of the 
     House and Senate Committees on Appropriations in accordance 
     with the procedures contained in House Report No. 105-163.

                        National Gallery of Art


                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, 
     museum, and art associations or societies whose 
     publications or services are available to members only, or 
     to members at a price lower than to the general public; 
     purchase, repair, and cleaning of uniforms for guards, and 
     uniforms, or allowances therefor, for other employees as 
     authorized by law (5 U.S.C. 5901-5902); purchase or rental 
     of devices and services for protecting buildings and 
     contents thereof, and maintenance, alteration, 
     improvement, and repair of buildings, approaches, and 
     grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, 
     firms, or organizations at such rates or prices and under 
     such terms and conditions as the Gallery may deem proper, 
     $68,967,000, of which not to exceed $3,026,000 for the 
     special exhibition program shall remain available until 
     expended.


            repair, restoration and renovation of buildings

       For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, as authorized, $14,220,000, to remain available 
     until expended: Provided, That contracts awarded for 
     environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

       For necessary expenses for the operation, maintenance and 
     security of the John F. Kennedy Center for the Performing 
     Arts, $15,000,000.


                              construction

       For necessary expenses for capital repair and restoration 
     of the existing features of the building and site of the John 
     F. Kennedy Center for the Performing Arts, $19,000,000, to 
     remain available until expended.

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $7,796,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $98,234,000, shall be available to the National Endowment for 
     the Arts for the support of projects and productions in the 
     arts through assistance to organizations and individuals 
     pursuant to sections 5(c) and 5(g) of the Act, for program 
     support, and for administering the functions of the Act, to 
     remain available until expended: Provided, That funds 
     previously appropriated to the National Endowment for the 
     Arts ``Matching Grants'' account may be transferred to and 
     merged with this account.

                 National Endowment for the Humanities


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $108,382,000, shall be available to the National Endowment 
     for the Humanities for support of activities in the 
     humanities, pursuant to section 7(c) of the Act, and for 
     administering the functions of the Act, to remain available 
     until expended.


                            matching grants

       To carry out the provisions of section 10(a)(2) of the 
     National Foundation on the Arts and the Humanities Act of 
     1965, as amended, $16,122,000, to remain available until 
     expended, of which $12,122,000 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), $1,224,000: 
     Provided, That the Commission is authorized to charge fees to 
     cover the full costs of its publications, and such fees shall 
     be credited to this account as an offsetting collection, to 
     remain available until expended without further 
     appropriation.


               national capital arts and cultural affairs

       For necessary expenses as authorized by Public Law 99-190 
     (20 U.S.C. 956(a)), as amended, $7,000,000.

               Advisory Council on Historic Preservation


                         salaries and expenses

       For necessary expenses of the Advisory Council on Historic 
     Preservation (Public Law 89-665, as amended), $3,400,000: 
     Provided, That none of these funds shall be available for 
     compensation of level V of the Executive Schedule or higher 
     positions.

                  National Capital Planning Commission


                         salaries and expenses

       For necessary expenses, as authorized by the National 
     Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
     services as authorized by 5 U.S.C. 3109, $7,253,000: 
     Provided, That all appointed members of the Commission will 
     be compensated at a rate not to exceed the daily equivalent 
     of the annual rate of pay for positions at level IV of the 
     Executive Schedule for each day such member is engaged in the 
     actual performance of duties.

                United States Holocaust Memorial 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 contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which congressional action is not complete.
       Sec. 303. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 304. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 305. No assessments may be levied against any program, 
     budget activity, subactivity, or project funded by this Act 
     unless advance notice of such assessments and the basis 
     therefor are presented to the Committees on Appropriations 
     and are approved by such committees.
       Sec. 306. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (Sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 2001.
       Sec. 307. None of the funds made available by this Act may 
     be obligated or expended by the National Park Service to 
     enter into or implement a concession contract which permits 
     or requires the removal of the underground lunchroom at the 
     Carlsbad Caverns National Park.
       Sec. 308. None of the funds made available in this Act may 
     be used: (1) to demolish the bridge between Jersey City, New 
     Jersey, and Ellis Island; or (2) to prevent pedestrian use of 
     such bridge, when such pedestrian use is consistent with 
     generally accepted safety standards.
       Sec. 309. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.

[[Page H6522]]

       (b) Exceptions.--The provisions of subsection (a) shall not 
     apply if the Secretary of the Interior determines that, for 
     the claim concerned: (1) a patent application was filed with 
     the Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for 
     mill site claims, as the case may be, were fully complied 
     with by the applicant by that date.
       (c) Report.--On September 30, 2002, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on actions taken by the 
     Department under the plan submitted pursuant to section 
     314(c) of the Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have the 
     sole responsibility to choose and pay the third-party 
     contractor in accordance with the standard procedures 
     employed by the Bureau of Land Management in the retention of 
     third-party contractors.
       Sec. 310. Notwithstanding any other provision of law, 
     amounts appropriated to or earmarked in committee reports for 
     the Bureau of Indian Affairs and the Indian Health Service by 
     Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
     277, 106-113, and 106-291 for payments to tribes and tribal 
     organizations for contract support costs associated with 
     self-determination or self-governance contracts, grants, 
     compacts, or annual funding agreements with the Bureau of 
     Indian Affairs or the Indian Health Service as funded by such 
     Acts, are the total amounts available for fiscal years 1994 
     through 2001 for such purposes, except that, for the Bureau 
     of Indian Affairs, tribes and tribal organizations may use 
     their tribal priority allocations for unmet indirect costs of 
     ongoing contracts, grants, self-governance compacts or annual 
     funding agreements.
       Sec. 311. Notwithstanding any other provision of law, for 
     fiscal year 2002 the Secretaries of Agriculture and the 
     Interior are authorized to limit competition for watershed 
     restoration project contracts as part of the ``Jobs in the 
     Woods'' Program established in Region 10 of the Forest 
     Service to individuals and entities in historically timber-
     dependent areas in the States of Washington, Oregon, northern 
     California and Alaska that have been affected by reduced 
     timber harvesting on Federal lands. The Secretaries shall 
     consider the benefits to the local economy in evaluating bids 
     and designing procurements which create economic 
     opportunities for local contractors.
       Sec. 312. (a) Recreational Fee Demonstration Program.--
     Subsection (f) of section 315 of the Department of the 
     Interior and Related Agencies Appropriations Act, 1996 (as 
     contained in section 101(c) of Public Law 104-134; 110 Stat. 
     1321-200; 16 U.S.C. 460l-6a note), is amended--
       (1) by striking ``commence on October 1, 1995, and end on 
     September 30, 2002'' and inserting ``end on September 30, 
     2004''; and
       (2) by striking ``September 30, 2005'' and inserting 
     ``September 30, 2007''.
       (b) Expansion of Program.--Subsection (b) of such section 
     is amended by striking ``no fewer than 10, but as many as 
     100,''.
       (c) Revenue Sharing.--Subsection (d)(1) of such section is 
     amended by inserting ``the Secure Rural Schools and Community 
     Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 
     500 note),'' before ``and any other provision''.
       (d) Discounted Fees.--Subsection (b)(2) of such section is 
     amended by inserting after ``testing'' the following: ``, 
     including the provision of discounted or free admission or 
     use as the Secretary considers appropriate''.
       (e) Capital Projects.--Subsection (c)(2) of such section is 
     amended by adding at the end the following new subparagraph:
       ``(D) None of the funds collected under this section may be 
     used to plan, design, or construct a visitor center or any 
     other permanent structure without prior approval of the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Appropriations of the Senate if the 
     estimated total cost of the structure exceeds $500,000.''.
       Sec. 313. 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. 314. 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. 315. 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. 316. (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. 317. 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. 318. None of the funds in this Act may be used to 
     support Government-wide administrative functions unless such 
     functions are justified in the budget process and funding is 
     approved by the House and Senate Committees on 
     Appropriations.
       Sec. 319. Notwithstanding any other provision of law, none 
     of the funds in this Act may be used for GSA 
     Telecommunication Centers.
       Sec. 320. None of the funds in this Act may be used for 
     planning, design or construction of improvements to 
     Pennsylvania Avenue in front of the White House without the 
     advance approval of the House and Senate Committees on 
     Appropriations.
       Sec. 321. Amounts deposited during fiscal year 2001 in the 
     roads and trails fund provided for in the 14th paragraph 
     under the heading ``FOREST SERVICE'' of the Act of March 4, 
     1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the 
     Secretary of Agriculture, without regard to the State in 
     which the amounts were derived, to repair or reconstruct 
     roads, bridges, and trails on National Forest System lands or 
     to carry out and administer projects to improve forest health 
     conditions, which may include the repair or reconstruction of 
     roads, bridges, and trails on National Forest System lands in 
     the wildland-community interface where there is an abnormally 
     high risk of fire. The projects shall emphasize reducing 
     risks to human safety and public health and property and 
     enhancing ecological functions, long-term forest 
     productivity, and biological integrity. The projects may be 
     completed in a subsequent fiscal year. Funds shall not be 
     expended under this section to replace funds which would 
     otherwise appropriately be expended from the timber salvage 
     sale fund. Nothing in this section shall be construed to 
     exempt any project from any environmental law.
       Sec. 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

[[Page H6523]]

     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.
       Sec. 324. The Forest Service, in consultation with the 
     Department of Labor, shall review Forest Service campground 
     concessions policy to determine if modifications can be made 
     to Forest Service contracts for campgrounds so that such 
     concessions fall within the regulatory exemption of 29 CFR 
     4.122(b). The Forest Service shall offer in fiscal year 2002 
     such concession prospectuses under the regulatory exemption, 
     except that, any prospectus that does not meet the 
     requirements of the regulatory exemption shall be offered as 
     a service contract in accordance with the requirements of 41 
     U.S.C. 351-358.
       Sec. 325. A project undertaken by the Forest Service under 
     the Recreation Fee Demonstration Program as authorized by 
     section 315 of the Department of the Interior and Related 
     Agencies Appropriations Act for Fiscal Year 1996, as amended, 
     shall not result in--
       (1) displacement of the holder of an authorization to 
     provide commercial recreation services on Federal lands. 
     Prior to initiating any project, the Secretary shall consult 
     with potentially affected holders to determine what impacts 
     the project may have on the holders. Any modifications to the 
     authorization shall be made within the terms and conditions 
     of the authorization and authorities of the impacted agency.
       (2) the return of a commercial recreation service to the 
     Secretary for operation when such services have been provided 
     in the past by a private sector provider, except when--
       (A) the private sector provider fails to bid on such 
     opportunities;
       (B) the private sector provider terminates its relationship 
     with the agency; or
       (C) the agency revokes the permit for non-compliance with 
     the terms and conditions of the authorization.
       In such cases, the agency may use the Recreation Fee 
     Demonstration Program to provide for operations until a 
     subsequent operator can be found through the offering of a 
     new prospectus.
       Sec. 326. For fiscal years 2002 and 2003, the Secretary of 
     Agriculture is authorized to limit competition for fire and 
     fuel treatment and watershed restoration contracts in the 
     Giant Sequoia National Monument and the Sequoia National 
     Forest. Preference for employment shall be given to 
     dislocated and displaced workers in Tulare, Kern and Fresno 
     Counties, California, for work associated with the 
     establishment of the Giant Sequoia National Monument.
       Sec. 327. Revision of Forest Plans. Prior to October 1, 
     2002, the Secretary of Agriculture shall not be considered to 
     be in violation of subparagraph 6(f)(5)(A) of the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1604(f)(5)(A)) solely because more than 15 years have passed 
     without revision of the plan for a unit of the National 
     Forest System. Nothing in this section exempts the Secretary 
     from any other requirement of the Forest and Rangeland 
     Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or 
     any other law: Provided, That if the Secretary is not acting 
     expeditiously and in good faith, within the funding 
     available, to revise a plan for a unit of the National Forest 
     System, this section shall be void with respect to such plan 
     and a court of proper jurisdiction may order completion of 
     the plan on an accelerated basis.
       Sec. 328. Until September 30, 2003, the authority of the 
     Secretary of Agriculture to enter into a cooperative 
     agreement under the first section of Public Law 94-148 (16 
     U.S.C. 565a-1) for a purpose described in such section 
     includes the authority to use that legal instrument when the 
     principal purpose of the resulting relationship is to the 
     mutually significant benefit of the Forest Service and the 
     other party or parties to the agreement, including nonprofit 
     entities.
       Sec. 329. (a) Pilot Program Authorizing Conveyance of 
     Excess Forest Service Structures.--The Secretary of 
     Agriculture may convey, by sale or exchange, any or all 
     right, title, and interest of the United States in and to 
     excess buildings and other structures located on National 
     Forest System lands and under the jurisdiction of the Forest 
     Service. The conveyance may include the land on which the 
     building or other structure is located and such other land 
     immediately adjacent to the building or structure as the 
     Secretary considers necessary.
       (b) Limitation.--Conveyances on not more than 10 sites may 
     be made under the authority of this section, and the 
     Secretary of Agriculture shall obtain the concurrence of the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Appropriations of the Senate in advance 
     of each conveyance.
       (c) Use of Proceeds.--The proceeds derived from the sale of 
     a building or other structure under this section shall be 
     retained by the Secretary of Agriculture and shall be 
     available to the Secretary, without further appropriation 
     until expended, for maintenance and rehabilitation activities 
     within the Forest Service Region in which the building or 
     structure is located.
       (d) Duration of Authority.--The authority provided by this 
     section expires on September 30, 2005.
       Sec. 330. Section 323(a) of the Department of the Interior 
     and Related Agencies Appropriations Act, 1999, as included in 
     Public Law 105-277, Div. A, section 101(e) is amended by 
     inserting ``and fiscal years 2002 through 2005,'' before ``to 
     the extent funds are otherwise available''.
       Sec. 331. No funds provided in this Act may be expended to 
     conduct preleasing, leasing and related activities under 
     either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
     within the boundaries of a National Monument established 
     pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) 
     as such boundary existed on January 20, 2001, except where 
     such activities are allowed under the Presidential 
     proclamation establishing such monument.
       Sec. 332. Section 347(a) of the Department of the Interior 
     and Related Agencies Appropriations Act, 1999, as included in 
     Public Law 105-277, is amended by striking ``2002'' and 
     inserting ``2004''. 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. 333. 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. 334. The Chief of the Forest Service shall issue a 
     special use permit for the Sioux Charlie Cabin within the 
     boundary of the Custer National Forest, Montana, to Montana 
     State University-Billings, for a term of 20 years for 
     educational purposes compatible with the cabin's location. 
     The permit shall be administered under normal national forest 
     system authorities and regulations, with an additional review 
     after 10 years to ensure the facility is being used for 
     educational purposes.
       Sec. 335. 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. 336. Modification to Steel Loan Guarantee Program. (a) 
     In General.--Section 101 of the Emergency Steel Loan 
     Guarantee Act of 1999 (Public Law 106-51; 15 U.S.C. 1841 
     note) is amended as follows:
       (1) Terms and conditions.--Subsection (h) is amended--
       (A) in paragraph (1), by striking ``2005'' and inserting 
     ``2015''; and
       (B) by amending paragraph (4) to read as follows:
       ``(4) Guarantee level.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), any loan guarantee provided under this section shall 
     not exceed 85 percent of the amount of principal of the loan.
       ``(B) Increased level one.--A loan guarantee may be 
     provided under this section in excess of 85 percent, but not 
     more than 90 percent, of the amount of principal of the loan, 
     if--
       ``(i) the aggregate amount of loans guaranteed at such 
     percentage and outstanding under this section at any one time 
     does not exceed $100,000,000; and
       ``(ii) the aggregate amount of loans guaranteed at such 
     percentage under this section with respect to a single 
     qualified steel company does not exceed $50,000,000.
       ``(C) Increased level two.--A loan guarantee may be 
     provided under this section in excess of 85 percent, but not 
     more than 95 percent, of the amount of principal of the loan, 
     if--
       ``(i) the aggregate amount of loans guaranteed at such 
     percentage and outstanding under this section at any one time 
     does not exceed $100,000,000; and
       ``(ii) the aggregate amount of loans guaranteed at such 
     percentage under this section with respect to a single 
     qualified steel company does not exceed $50,000,000.''.

[[Page H6524]]

       (2) Termination of guarantee authority.--Subsection (k) is 
     amended by striking ``2001'' and inserting ``2003''.
       (b) Applicability.--The amendments made by this section 
     shall apply only with respect to any guarantee issued on or 
     after the date of the enactment of this Act.
       This Act may be cited as the ``Department of the Interior 
     and Related Agencies Appropriations Act, 2002''.
       And the Senate agree to the same.
     Joe Skeen,
     Ralph Regula,
     Jim Kolbe,
     Charles H. Taylor,
     George R. Nethercutt, Jr.,
     Zach Wamp,
     Jack Kingston,
     John E. Peterson,
     Bill Young,
     Norman D. Dicks,
     John P. Murtha,
     James P. Moran,
     Maurice Hinchey,
     Martin Olav Sabo,
     David Obey,
                                Managers on the Part of the House.

     Robert Byrd,
     Patrick Leahy,
     Ernest F. Hollings,
     Harry Reid,
     Byron L. Dorgan,
     Dianne Feinstein,
     Patty Murray,
     Daniel K. Inouye,
     Conrad Burns,
     Ted Stevens,
     Thad Cochran,
     Pete V. Domenici,
     Robert F. Bennett,
     Judd Gregg,
     Ben Nighthorse Campbell,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2217), making 
     appropriations for the Department of the Interior and Related 
     Agencies for the fiscal year ending September 30, 2002, and 
     for other purposes, submit the following joint statement to 
     the House and the Senate in explanation of the effect of the 
     action agreed upon by the managers and recommended in the 
     accompanying conference report.
       The conference agreement on H.R. 2217 incorporates some of 
     the provisions of both the House and the Senate versions of 
     the bill. Report language and allocations set forth in either 
     House Report 107-103 or Senate Report 107-36 that are not 
     changed by the conference are approved by the committee of 
     conference. The statement of the managers, while repeating 
     some report language for emphasis, does not negate the 
     language referenced above unless expressly provided herein.

                        Reprogramming Guidelines

       The Interior and Related Agencies Appropriations 
     reprogramming guidelines were last published in the House and 
     Senate reports accompanying the FY 1998 Interior and Related 
     Agencies Appropriations Act (H. Rep. 105-163, S. Rep. 105-
     56). While the managers have agreed to only one minor change 
     to these guidelines for the National Park Service (addressed 
     under the land acquisition and State assistance account), 
     recent dealings with several agencies suggest that the 
     following clarifications are needed to prevent any future 
     misunderstandings regarding the applicability of 
     reprogramming procedures in certain situations.
       Though a reprogramming is in part defined in the guidelines 
     as a reallocation of funds from one budget activity (or other 
     applicable level of detail) to another, the guidelines also 
     state that any significant departure from the program 
     described in the agency's budget justification shall be 
     considered a reprogramming. This latter portion of the 
     definition encompasses the reallocation of funds within a 
     budget activity, if such reallocation represents a 
     ``significant departure'' from the description provided in 
     the relevant budget justification. In this regard, the 
     managers would view as a ``significant departure'' any 
     reallocation of funds within a budget activity for programs 
     or contracts involving out-year mortgages that are not 
     discussed in detail in the budget justification. Multi-year 
     and no-year funds do not lose their program identities when 
     carried over to subsequent years and a reprogramming is 
     required if such carry-over funds are to be used for purposes 
     other than those originally directed.

                     Conservation Spending Category

       The conservation spending category created in title VIII of 
     the fiscal year 2001 Interior and Related Agencies 
     Appropriations Act, provided that up to $1,320,000,000 could 
     be appropriated for conservation related activities, in 
     addition to ongoing activities funded in this bill. The 
     conference agreement fully funds the conservation spending 
     category at $1,320,000,000. The distribution of funds as 
     agreed to by the managers is shown in the table below.

                                    SUMMARY OF CONSERVATION SPENDING CATEGORY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
        Subcategory/appropriation account         Budget request       House          Senate        Conference
----------------------------------------------------------------------------------------------------------------
Federal, State and Other LWCF Programs:
    BLM Federal Land Acquisition................          47,686          47,686          45,686          49,920
    FWS Federal Land Acquisition................         104,401         104,401         108,401          99,135
    NPS Federal Land Acquisition................         107,036         107,036         123,036         130,117
    FS Federal Land Acquisition.................         130,877         130,877         128,877         149,742
                                                 ---------------------------------------------------------------
      Subtotal, Federal Land Acquisition........         390,000         390,000         406,000         428,914
                                                 ===============================================================
    Stateside Grants (Recreation and Wildlife)..         450,000               0               0  ..............
        NPS Stateside Grants (and                              0         154,000         164,000         144,000
         Administration)........................
        State Wildlife Grants...................               0         100,000         100,000          85,000
            Competitive Grants for Indian Tribes               0           5,000               0           \1\ 0
    FWS Incentive Grant Programs................          60,000          60,000          60,000          50,000
                                                 ---------------------------------------------------------------
      Subtotal, State and Other Grant Programs..         510,000         319,000         324,000         279,000
                                                 ===============================================================
      Total LWCF................................         900,000         709,000         730,000         707,914
                                                 ===============================================================
State and Other Conservation Programs:
    FWS Coop. Endangered Species Conserv. Fund..          54,694         107,000          91,000          96,235
    FWS North American Wetlands Conserv. Fund...          14,912          45,000          42,000          43,500
    FWS Neotropical Migratory Birds.............               0           5,000               0           \2\ 0
    USGS State Planning Partnerships............               0          25,000          25,000          25,000
    FS, Forest Legacy...........................          30,079          60,000          65,000          65,000
    FS, Stewardship Incentives Program..........               0           8,000               0           \3\ 0
                                                 ---------------------------------------------------------------
      Subtotal..................................          99,685         250,000         223,000         229,735
                                                 ===============================================================
Urban and Historic Preservation Programs:
    NPS Historic Preservation Fund..............          67,055          77,000          74,000          74,500
    NPS Urban Parks and Recreation Recovery                    0          30,000          20,000          30,000
     Grants.....................................
    FS Urban and Community Forestry.............          31,804          36,000          36,000          36,000
    BLM Youth Conservation Corps................           1,000           1,000           1,000           1,000
    FWS Youth Conservation Corps................           2,000           2,000           2,000           2,000
    NPS Youth Conservation Corps................           2,000           2,000           2,000           2,000
    FS Youth Conservation Corps.................           2,000           2,000           2,000           2,000
                                                 ---------------------------------------------------------------
      Subtotal..................................         105,859         150,000         137,000         147,500
                                                 ===============================================================
National Wildlife Refuge Fund--FWS..............               0           5,000               0           \4\ 0
Payments in Lieu of Taxes--BLM..................               0          50,000          50,000          50,000
Federal Infrastructure Improvement Programs:
    BLM--Management of Lands & Resources........          25,000          28,000          28,000          28,000
    FWS--Resource Management....................          25,000          28,000          31,000          29,000
    NSP--Construction...........................          50,000          50,000          60,000          66,851
    FS--Capital Improvement and Maintenance.....          50,497          50,000          61,000          61,000
                                                 ---------------------------------------------------------------
      Subtotal..................................         150,497         156,000         180,000         184,851
                                                 ===============================================================
FS Total........................................         245,257         286,877         292,877         313,742
DOI Total.......................................       1,010,784       1,033,123       1,027,123       1,006,258
                                                 ---------------------------------------------------------------

[[Page H6525]]

 
      Total, Conservation Spending Category.....       1,256,041       1,320,000       1,320,000       1,320,000
----------------------------------------------------------------------------------------------------------------
\1\ $5,000,000 for Tribal grants included in State Wildlife grants category.
\2\ $3,000,000 in FWS, but not charged to the conservation spending category (CSC).
\3\ $3,000,000 in FS, but no charged to CSC.
\4\ $3,000,000 above budget request in FWS, but not charged to CSC.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources

       The conference agreement provides $775,632,000 for 
     management of lands and resources instead of $768,711,000 as 
     proposed by the House and $775,962,000 as proposed by the 
     Senate. Within this amount, $29,000,000 is from the 
     conservation spending category.
       Increases above the House for land resources include 
     $501,000 for noxious weeds for the Montana State University 
     weed program, $500,000 for Idaho weed control, and $400,000 
     for the Headwaters Forest reserve and a decrease of 
     $1,000,000 for the natural resource challenge program.
       Increases above the House for recreation management include 
     $1,000,000 for Missouri River undaunted stewardship.
       Increases above the House for energy and minerals include 
     $45,000 for management reforms, $2,000,000 for the National 
     Petroleum Reserve/Alaska, and $1,775,000 for Alaska minerals 
     for the continued development of an interagency geological 
     database that was initiated in fiscal year 2001.
       The managers have provided $6,000,000 to address the 
     Bureau's increased operational workload for oil and gas 
     permitting and related activities, with an emphasis on 
     expediting permit applications for coalbed methane 
     development. The managers direct the Bureau to focus all 
     possible efforts towards completion of environmental reviews 
     that are necessary to proceed with further leasing.
       The managers did not agree with the $700,000 earmark 
     included in the Senate version of the bill to address the oil 
     and gas permit backlog in the State of Utah. However, the 
     managers did provide a significant increase for oil and gas 
     permitting activities, a portion of which should be used to 
     address the Utah backlog.
       Increases above the House for realty and ownership 
     management include $350,000 for the Montana cadastral 
     project, $300,000 for the Utah geographic reference project, 
     and $1,500,000 for Alaska conveyance to establish a public 
     lands database.
       The managers note that the increase provided for the 
     Montana cadastral project fully funds the Federal share of 
     this effort, however, the Bureau is encouraged to continue 
     working with the State of Montana to finalize the project and 
     facilitate data sharing.
       Decreases below the House for resource protection and 
     maintenance include $200,000 for desert rangers, for a total 
     increase of $400,000 in fiscal year 2002.
       There is an increase above the House level for 
     transportation and facilities maintenance of $250,000 for the 
     Iditarod National Historic Trail.
       There is a decrease of $500,000 below the House level for 
     workforce organizational support, which reflects a transfer 
     to the Inspector General for Bureau audits.
       The managers agree to the following:
       1. The managers note that both the House and Senate 
     included the Bureau's request of $3,000,000 to identify and 
     evaluate oil and gas resources and reserves on public lands. 
     In light of recent attacks on the United States that have 
     underscored the potential for disruptions to America's energy 
     supply, the managers believe this project should be 
     considered a top priority for the Department. Additionally, 
     the managers direct the Bureau to provide the House and 
     Senate Committees on Appropriations biannual reports on the 
     progress of this effort and a final report detailing the 
     findings of this review.
       2. The managers wish to clarify the language dealing with 
     the allocation of funds from the conservation spending 
     category. Funding included in the management of lands and 
     resources appropriation for the conservation spending 
     category can be used for infrastructure improvements on all 
     public lands including Oregon and California grant lands.
       3. The managers are aware of the significant success the 
     military services have had in utilizing pulse technology in 
     their vehicles and other equipment to reduce costs and 
     increase environmental benefits through the extension of the 
     service life of batteries. The managers urge the Department 
     as a whole, and specifically the Bureau of Land Management, 
     the National Park Service, and the U.S. Fish and Wildlife 
     Service to examine the opportunity for cost savings and 
     associated environmental benefits of using pulse technology 
     for battery management programs. The managers believe that 
     this technology, if adopted by the Department, will directly 
     benefit the Bureaus.
       4. The managers urge the Department and the Bureau to place 
     the highest possible priority on completion of the Imperial 
     Sand Dunes Recreation Management Plan.
       5. The managers have not provided $300,000 for the 
     Southwest Strategy as proposed by the Senate.
       Bill Language:
       1. Language is included under the Bureau's administrative 
     provisions reauthorizing the hard rock mining holding fee for 
     2 years.
       2. The managers have earmarked $700,000 for the Rio Puerco 
     watershed project, which is $300,000 above the budget 
     request. The increase above the request shall be used 
     for projects and initiatives developed by the Rio Puerco 
     Management Committee (section 401 of Public Law 104-333).
       3. The managers have earmarked $4,000,000 for the 
     assessment of mineral potential in Alaska as proposed by the 
     Senate instead of $2,225,000 as proposed by the House.
       4. The conference agreement includes a technical correction 
     to the conservation spending category statutory language as 
     proposed by the Senate.


                        WILDLAND FIRE MANAGEMENT

       The conference agreement provides $678,421,000 for wildland 
     fire management instead of $700,806,000 as proposed by the 
     House and $659,421,000 as proposed by the Senate.
       The managers have provided $280,807,000 for preparedness, 
     $161,424,000 for fire suppression of which $34,000,000 is a 
     contingent emergency appropriation, and $236,190,000 for 
     other operations of which $20,000,000 is a contingent 
     emergency appropriation for the rehabilitation and 
     restoration program. The bureau may allocate up to an 
     additional $2,838,000 for the Ecological Restoration 
     Institute, Arizona for fuels reduction work including work at 
     Mt. Trumbull.
       The managers have not earmarked funds in bill language for 
     hazardous fuels reduction work in the wildland-urban 
     interface as proposed by the Senate. Instead, the managers 
     direct the Department of the Interior to allocate the funding 
     level proposed in the Administration's budget request of 
     $111,255,000 on projects in the wildland-urban interface. If 
     for any reason the Department is unable to attain the 
     proposed levels, it shall promptly notify the House and 
     Senate Committees on Appropriations explaining why the 
     Department was unable to expend such sums. The managers 
     continue to believe that an emphasis on fuels reduction work 
     in the wildland-urban interface is critical to protecting the 
     safety of rural communities.
       Within the funds provided for other operations, $1,000,000 
     is for the National Center for Landscape Fire Analysis at 
     Montana State University including funding for the purchase 
     of a hyperspectral digital camera.

----------------------------------------------------------------------------------------------------------------
                                                                   Non-emergency     Emergency         Total
----------------------------------------------------------------------------------------------------------------
Preparedness....................................................    $280,807,000  ..............    $280,807,000
Suppression.....................................................     127,424,000     $34,000,000     161,424,000
Other Operations:
    Hazardous Fuels.............................................     186,190,000  ..............     186,190,000
    Rehabilitation..............................................      20,000,000      20,000,000      40,000,000
    Rural Fire Assistance.......................................      10,000,000  ..............      10,000,000
                                                                 -----------------------------------------------
      Other Operations Subtotal.................................     216,190,000      20,000,000     236,190,000
Total Fire Funding..............................................     624,421,000      54,000,000     678,421,000
----------------------------------------------------------------------------------------------------------------

       The managers believe that the full, integrated national 
     fire plan effort needs to be sustained in future years in 
     order to reduce the risks of catastrophic fire in many areas 
     of the Nation. The managers note that the Administration, 
     working along with governors and local communities, have 
     submitted a framework for a ten-year national fire plan. 
     However, after reviewing the plan, the managers are concerned 
     that the plan does not lay out clear funding requirements for 
     various aspects of this important endeavor. Therefore, the 
     managers direct the Secretaries of Agriculture and the 
     Interior to provide to the House and Senate Committees on 
     Appropriations by March 15, 2002, an updated fire plan that 
     includes detailed schedules of activities and funding 
     requirements. The managers understand that funding 
     requirements for wildfire activities include considerable 
     year-to-year uncertainty depending on weather and fire 
     circumstances and therefore the managers view the funding 
     requirements for the national fire plan as being an iterative 
     process, which requires annual updates. The managers direct 
     the Departments of the Interior and Agriculture to continue 
     to work together to formulate complementary budget requests 
     that reflect the same principles and a similar budget 
     organization and submit a cross-cutting budget request to the 
     Committees, which covers all federal wildfire 
     responsibilities. In addition, the managers expect the 
     agencies to seek the advice of governors, and local and 
     tribal government representatives in setting priorities for 
     fuels treatments, burned area rehabilitation, and public 
     outreach and education.
       The managers remain concerned about the variation in 
     methods by which the Departments calculate wildfire fighting 
     readiness and how the Departments plan their distribution of 
     firefighting resources to attain

[[Page H6526]]

     efficiency. The managers direct the two Departments to 
     develop and implement a coordinated and common system for 
     calculating readiness which includes provisions for working 
     with the shared fire fighting resources of the States and 
     other cooperators and considers values of various resources 
     on both Federal and other lands.
       The managers are also concerned about the fire suppression 
     costs during major incidents and therefore the Forest Service 
     and the Department of the Interior are directed to contract 
     for a thorough, independent review of wildfire suppression 
     costs and strategies. The Departments should equally share 
     the cost of the review and a preliminary report should be 
     issued by May 31, 2002 and the final report should be 
     delivered to the House and Senate Committees on 
     Appropriations by September 30, 2002.


                    CENTRAL HAZARDOUS MATERIALS FUND

       The conference agreement provides $9,978,000 for the 
     central hazardous materials fund as proposed by the House and 
     Senate.


                              CONSTRUCTION

       The conference agreement provides $13,076,000 for 
     construction instead of $11,076,000 as proposed by the House 
     and $12,976,000 as proposed by the Senate. Funds should be 
     distributed as follows:


        Program/Area                                             Amount
Pompey's Pillar visitor center, MT...........................$2,900,000
California Trail Interpretive Center, NV......................2,000,000
Fort Benton Visitor Center, MT................................2,500,000
Rock Springs admin. Building, WY..............................2,500,000
Caliente warehouse building, NV.................................200,000
Hult Pond Dam repair, OR........................................582,000
Wildwood/Fisherman's Bend Sewer systems, OR...................1,214,000
NHOTIC water treatment system, OR...............................103,000
North Sand Hills road & sanitation, CO..........................212,000
Blackwell Island recreation site, ID............................765,000
Lone Pine visitor center, CA....................................100,000
                                                       ________________
                                                       
    Total....................................................13,076,000


                       PAYMENTS IN LIEU OF TAXES

       The conference agreement provides $210,000,000 for payments 
     in lieu of taxes instead of $200,000,000 as proposed by the 
     House and $220,000,000 as proposed by the Senate. Within this 
     amount, $50,000,000 is from the conservation spending 
     category.


                            LAND ACQUISITION

       The conference agreement provides $49,920,000 for land 
     acquisition instead of $47,686,000 as proposed by the House 
     and $45,686,000 as proposed by the Senate. Funds should be 
     distributed as follows:

        Area (State)                                             Amount
Beaver Creek NWSR/White Mountains National Recreation Area (AK)$300,000
Catellus (CA).................................................3,100,000
Continental Divide National Scenic Trail (WY)...................320,000
Cosumnes River Preserve (CA)....................................650,000
Douglas Point (MD)............................................2,000,000
El Dorado (rare plants) (CA)..................................3,000,000
El Malpais National Conservation Area (NM)......................700,000
Garnet Ghost Town (MT)..........................................650,000
Grande Ronde National Wild and Scenic River (OR/WA).............500,000
Gunnison Basin ACEC (CO)......................................2,500,000
King Range National Conservation Area (CA)....................1,900,000
Lewis and Clark National Historic Trail (ID)..................1,000,000
Lower Salmon River ACEC (ID)..................................2,000,000
Organ Mtns. (NM)..............................................2,000,000
Otay Mountain/Kuchamaa HCP (CA)...............................2,000,000
Rio Grande National Wild and Scenic River (NM)................4,500,000
San Pedro Ecosystem (Gap/Borderlands--easements) (AZ).........2,000,000
Sandy River (OR)..............................................3,000,000
Santa Rosa and San Jacinto Mtns. National Monument (CA).......1,000,000
Snake River Birds of Prey National Conservation Area (ID).....2,400,000
Soda Springs Hills (ID).........................................900,000
St. George (Johnson tract) (UT).................................500,000
Upper Arkansas River Basin (CO)...............................1,500,000
Upper Crab Creek/Rock Creek (WA)..............................1,000,000
Upper Snake/South Fork Snake River (ID).......................2,500,000
West Eugene Wetlands (OR).....................................1,500,000
                                                       ________________
                                                       
    Subtotal.................................................43,420,000
Emergency/hardship/inholding..................................1,000,000
Land Exchange Equalization Payments.............................500,000
Acquisition Management........................................5,000,000
                                                       ________________
                                                       
    Total....................................................49,920,000

       Of the $650,000 included for the Garnet Ghost Town, 
     $400,000 shall be used for the Blackfoot Challenge.
       Of the $5,000,000 provided for acquisition management, 
     $1,000,000 shall be used for land exchanges in eastern 
     Washington State including, but not limited to, the Moses 
     Coulee, Rock Creek, and Upper Crab Creek projects.


                   OREGON AND CALIFORNIA GRANT LANDS

       The conference agreement provides $105,165,000 for Oregon 
     and California grant lands as proposed by the House instead 
     of $106,061,000 as proposed by the Senate.


                           RANGE IMPROVEMENTS

       The conference agreement provides an indefinite 
     appropriation for range improvements of not less than 
     $10,000,000 as proposed by the House and Senate.


               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

       The conference agreement provides an indefinite 
     appropriation for service charges, deposits, and forfeitures, 
     which is estimated to be $8,000,000 as proposed by the House 
     and Senate.


                       MISCELLANEOUS TRUST FUNDS

       The conference agreement provides an indefinite 
     appropriation of $11,000,000 for miscellaneous trust funds as 
     proposed by the House and Senate.

                United States Fish and Wildlife Service


                          Resource Management

       The conference agreement provides $850,597,000 for resource 
     management instead of $839,852,000 as proposed by the House 
     and $845,814,000 as proposed by the Senate. The numerical 
     changes described below are to the House recommended level.
       In endangered species programs there are increases of 
     $400,000 in candidate conservation for the Idaho sage grouse 
     management plan, $524,000 for the listing program, and 
     $250,000 in consultation for the Central Valley and Southern 
     California habitat conservation plan. There is also a 
     decrease of $1,500,000 for the consultation program backlog.
       Changes in the endangered species recovery program include 
     increases of $800,000 for eider recovery at the Alaska 
     Sealife Center, $200,000 for wolf monitoring in Idaho, 
     $500,000 for the Preble's meadow jumping mouse in Colorado, 
     $700,000 for Upper Colorado River endangered fish recovery, 
     $600,000 for Lahonton cutthroat trout in Nevada, and 
     $1,100,000 for Atlantic salmon of which $1,000,000 is for 
     grants through the National Fish and Wildlife Foundation and 
     $100,000 is for Service activities. There is also a decrease 
     of $1,000,000 for the recovery program backlog.
       Changes to habitat conservation programs include increases 
     in partners for fish and wildlife of $750,000 for the Hawaii 
     ESA community conservation plan, $1,250,000 for Reno 
     biodiversity research and conservation in Nevada, $400,000 
     for the Montana Water Center wild fish habitat initiative, 
     and $100,000 for landowner assistance at the Fairfield Marsh 
     Waterfowl Production Area in Wisconsin. For project planning, 
     there is an increase of $250,000 for Middle Rio Grande/Bosque 
     research and a decrease of $500,000 for the CALFED program. 
     In coastal programs, there are increases of $1,000,000 for 
     the Cook Inlet Aquaculture Association king salmon program in 
     Alaska and $200,000 for the Regional Aquaculture Association 
     king salmon program in Alaska. There is also an increase of 
     $9,000 for the environmental contaminants program. Cormorant 
     work at the National Aquaculture Center in Arkansas and 
     alternative habitat and food sources for Idaho terns are 
     addressed in the migratory bird program.
       In refuge operations and maintenance, there are decreases 
     of $700,000 for refuge maintenance and $1,000,000 for the 
     natural resource challenge program. There are no refuge-
     specific earmarks. Ohio River Islands NWR, WV equipment 
     replacement and Canaan Valley NWR, WV maintenance are 
     addressed in the construction account.
       In migratory bird management, there are increases of 
     $575,000 to reduce seabird bycatch in Alaska, $1,000,000 for 
     the Canada geese depredation program, $200,000 for the 
     National Aquaculture Center in Arkansas to address cormorant 
     depredation problems, and $250,000 to address alternative 
     habitat and food sources for terns in Idaho. There is also a 
     decrease of $68,000 for joint venture programs, which 
     reflects the elimination of the ``general program 
     activities'' category. The funding level for each joint 
     venture is identical to that shown in the House report.
       There are no refuge-specific earmarks for law enforcement. 
     Canaan Valley NWR, WV law enforcement maintenance needs are 
     addressed in the construction account.
       Changes to fisheries programs include an increase of 
     $1,500,000 in hatchery operations and maintenance for 
     Leadville NFH, CO trout (alternative 2), and increases in 
     fish and wildlife management of $100,000 for Great Lakes fish 
     and wildlife restoration, $850,000 for wildlife enhancement 
     in Starkville, Mississippi, $100,000 for Yukon River 
     escapement monitoring in Alaska, $200,000 for Yukon River 
     management studies in Alaska, $160,000 for Yukon River public 
     education on the salmon treaty in Alaska, $1,000,000 for 
     Yukon River treaty implementation, $1,270,000 for marine 
     mammal protection in Alaska, $250,000 for whirling disease 
     research in Montana, and $100,000 for salmon and trout 
     recovery work on the Columbia and Snake Rivers by the 
     University of Idaho. Sewer replacement for the White Sulphur 
     Springs NFH, WV is addressed in the construction account. 
     Atlantic salmon recovery

[[Page H6527]]

     is addressed in the Endangered Species Act recovery program.
       In general administration, there is an increase of $750,000 
     for travel and decreases of $1,000,000 for the National Fish 
     and Wildlife Foundation and $825,000 for audits (which are 
     funded under the Office of Inspector General salaries and 
     expenses account). Grants for Atlantic salmon (Gulf of Maine) 
     through the National Fish and Wildlife Foundation are 
     addressed in the Endangered Species Act recovery program.
       The managers agree to the following:
       1. A total of $29,000,000 for infrastructure improvement is 
     charged against the conservation spending category.
       2. $850,000 is allocated to the Service for the Pima 
     County, Arizona, regional multi-species habitat conservation 
     planning effort that will result in Endangered Species Act 
     Section 10 permits and is developed in cooperation with the 
     following entities: the municipalities in Pima County (to 
     include at least the City of Tucson, Town of Marana, and Town 
     of Oro Valley) through a Cooperative Agreement by and among 
     the County and participating municipalities based on the 
     Service's Habitat Conservation Planning Handbook HCP MOU, and 
     with the State of Arizona, Pima County interest groups, and 
     Pima County citizens.
       3. The $200,000 increase for wolf monitoring activities in 
     Idaho is to be managed by the Service's Snake River Basin 
     Office in Boise, Idaho.
       4. The Service is strongly encouraged to work with the 
     Idaho Office of Species Conservation and Bruneau Hot Springs 
     Snail Conservation Committee in support of the Bruneau Hot 
     Springs snail program, including conservation easement 
     financing and water conservation practices, using appropriate 
     grant programs administered by the Service.
       5. The Service should place a high priority on the staffing 
     and planning needs at the Hanford Reach National Monument, WA 
     and on the unmet need for invasive plant control at the 
     Loxahatchee NWR, FL.
       6. The additional funds in hatchery operations and 
     maintenance for the Leadville NFH, CO are provided with the 
     expectation that the Department will ensure that the Bureau 
     of Reclamation provides its share of funds for the project, 
     consistent with the Bureau's mitigation responsibility.
       7. Work by the Service to mitigate the adverse effects of 
     water resource development projects conducted by other 
     Federal agencies should be performed on a cost reimbursable 
     basis and the Service should receive full and fair 
     compensation for such work.
       8. Funding for the wildlife enhancement program in 
     Starkville, Mississippi is provided to assist in the 
     establishment of an educational program to assist private 
     landowners. There is no commitment to future funding.
       9. Of the $2,246,000 provided for the continuation of 
     activities begun in fiscal year 1997 to combat whirling 
     disease and related fish health issues, $700,000 is for the 
     National Partnership on the Management of Wild and Native 
     Cold Water Fisheries, $250,000 is for the purpose of 
     resistant trout research to be coordinated through the 
     Whirling Disease Foundation, and $1,296,000 is to continue 
     the National Wild Fish Health Survey, to expand whirling 
     disease investigations, and to recruit and train health 
     professionals.
       10. The U.S. Army Corps of Engineers is currently 
     conducting a major review of different approaches to 
     preserving the Meadowlands wetlands area in northern New 
     Jersey. The managers understand that the Service has no plan 
     to establish a new National Wildlife Refuge System unit in 
     this area but believes that the Service can be a helpful 
     partner in this review by adding its unique expertise on the 
     elements of the study that pertain to conservation of 
     wildlife, particularly migratory birds. The managers have 
     deleted without prejudice the earmark in the Senate bill for 
     a separate U.S. Fish and Wildlife Service Meadowlands study. 
     Instead, the managers direct the Service to provide in-depth 
     advice and consultation to the Corps to ensure that the study 
     reflects the most appropriate recommendations for the support 
     of wildlife in any future Meadowlands plans. The managers 
     believe this will involve a substantial commitment of Fish 
     and Wildlife Service resources to the Corps' effort, 
     approximately equal to the $140,000 specified in the Senate 
     bill.
       11. The Service is encouraged to work with Marion County, 
     Oregon and other stakeholders to address the long-term 
     preservation of critical wetlands and wildlife habitat in the 
     Lake Labish Basin.
       The managers have agreed to a technical change to the 
     conservation spending category bill language as proposed by 
     the Senate, and a technical change as proposed by the House 
     on merging prior year funds for infrastructure improvement 
     under the conservation spending category.
       The House proposed bill language designating specific 
     amounts for the endangered species listing program and for 
     critical habitat designations has been modified to adopt the 
     Senate funding level for the listing program and to specify 
     that the critical habitat designation limitation is exclusive 
     of funds needed for litigation support.
       Senate proposed earmarks for a study of the Hackensack 
     Meadowlands in New Jersey, for Atlantic salmon grants in 
     Maine, and for University of Idaho research on salmon and 
     trout recovery are not retained in statutory language. Each 
     of these items is addressed above.


                              CONSTRUCTION

       The conference agreement provides $55,543,000 for 
     construction instead of $48,849,000 as proposed by the House 
     and $55,526,000 as proposed by the Senate. Funds are to be 
     distributed as follows:

------------------------------------------------------------------------
            Project                    Description            Amount
------------------------------------------------------------------------
Anahuac NWR, TX................  Bridge Rehabilitation/          330,000
                                  Replacement-Phase II
                                  (c).
Bear River NWR, UT.............  Dikes and related               500,000
                                  facilities.
Bear River NWR, UT.............  Maintenance facility...         500,000
Big Branch NWR, LA.............  Facilities renovation..         400,000
Big Muddy NWR, MO..............  Headquarters design (p)         250,000
Blackwater NWR, MD.............  Renovation of existing          899,000
                                  facility.
Bozeman Fish Technology Center,  Construction of               2,556,000
 MT.                              Laboratory/
                                  Administration
                                  Building.
Bridge Safety Inspections......  .......................         545,000
Canaan Valley NWR, WV..........  Maintenance............         875,000
Chincoteague NWR, VA...........  Herbert H. Bateman            3,400,000
                                  Education & Admin.
                                  Center-Phase III (c).
Condor Facilities, CA & ID.....  Recovery facility             1,750,000
                                  construction and
                                  renovation.
Creston NFH, MT................  Jessup Mill Dam-Phase         1,900,000
                                  III (c).
Crystal River NWR, FL..........  Office renovation (p/d)         125,000
Dam Safety Program and           .......................         650,000
 Inspections.
Eufala NWR, AL.................  Environmental learning          100,000
                                  center (p).
Hagerman NWR, TX...............  Bridge Rehabilitation-        1,800,000
                                  Phase II (c).
Humboldt Bay NWR, CA...........  Seismic Safety                  190,000
                                  Rehabilitation-Phase I
                                  (p/d).
Iron River NFH, WI.............  Replace Domes at                740,000
                                  Schacte Creek with
                                  Building.
John Hay NWR, NH...............  Barn rehabilitation....         150,000
John Heinz NWR, PA.............  Complete/equipment              600,000
                                  furnish admin. Wing.
Jordan River NFH, MI...........  Replace Great Lakes             200,000
                                  Fish Stocking Vessel.
Kealia Pond NWR, HI............  Mitigation (c).........         750,000
Klamath Basin Complex, OR......  Water Supply and              1,700,000
                                  Management-Phase III.
Kodiak NWR, AK.................  Visitor Center (p).....         500,000
Leavenworth NFH, WA............  Seismic Safety                  170,000
                                  Rehabilitation-Phase I
                                  (p/d).
Mammoth Springs NFH, AR........  Water supply &                   60,000
                                  management-Phase II.
Mattamuskeet NWR, NC...........  Lodge renovation.......       3,500,000
Midway Atoll NWR...............  Hangar roof replacement         650,000
Montezuma NWR, NY..............  Crusoe Conservation             400,000
                                  Center (c).
National Black-Footed Ferret     New Endangered Species        2,260,000
 Conservation Center, CO.         Facility-Phase III (c).
Necedah NWR, WI................  Rynearson #1 Dam-Phase        2,725,000
                                  II (c).
Northwest Power Planning Area..  Fish screens, etc......       4,000,000
Ohio River Islands NWR, WV.....  Equipment replacement..          50,000
Quinault NFH, WA...............  Replace Quarters.......         290,000
Red Rock Lakes NWR, MT.........  Seismic Safety                  135,000
                                  Rehabilitation-Phase I
                                  (p/d).
San Pablo Bay NWR, CA..........  Renovate Office-Phase         2,500,000
                                  II (c).
Silvio O. Conte NWR, VT........  Education center                750,000
                                  (completes
                                  construction).
Six NFHs in New England........  Water Treatment               2,630,000
                                  Improvements-Phase III
                                  (c).
Ted Stevens Anchorage Int'l      Hangar-Phase I (p/d)...         536,000
 Airport, AK.
Waccamaw NWR, SC...............  Visitor and Education           400,000
                                  Center (p).
White Sulphur Springs NFH, WV..  Sewer replacement and           185,000
                                  maintenance needs.
Wolf Creek NFH, KY.............  Visitor and Education           400,000
                                  Center (p/d).
                                                         ---------------
      Subtotal: Line Item        .......................      43,051,000
       Construction.
                                                         ===============
Nationwide Engineering
 Services:
    Demolition Fund............  .......................       1,000,000
    Environmental Compliance...  .......................       1,856,000
    Seismic Safety Program.....  .......................         180,000
    Waste Prevention and         .......................         150,000
     Recycling.
                                                         ---------------

[[Page H6528]]

 
    Other Engineering Services.  .......................       9,306,000
                                                         ===============
      Total....................  .......................      55,543,000
------------------------------------------------------------------------

       The managers are concerned that the Service's construction 
     program is not based on a sound strategic plan that clearly 
     identifies priorities for the construction of headquarters, 
     maintenance, visitor, and education facilities. For the past 
     few years, construction budget requests have been inadequate 
     and limited, almost exclusively, to health and safety-related 
     projects. As a result, construction priorities outside that 
     narrow scope have been set by the Congress. Management 
     personnel within the Service have taken advantage of 
     Congressional earmarks by attempting to convert a large 
     number of Congressionally earmarked projects, including basic 
     repair projects, into proposals for large, expensive visitor 
     and education centers. The managers believe that the Service 
     needs to take control of the priority setting process for 
     construction and to set fair and reasonable priorities for 
     construction outside the health and safety arena. Further, 
     funding for the highest priority refuge and hatchery 
     headquarters, visitor/education center construction 
     projects, and visitor contact stations should be justified 
     and requested in annual budget submissions.
       The managers expect the Service to focus on providing on-
     the-ground refuge experiences for visitors and modest 
     visitor/education centers and visitor contact stations. The 
     Service should develop standardized designs for education and 
     visitor centers and for visitor contact stations. The 
     managers suggest that the maximum cost for any visitor center 
     should not exceed $3 million unless there are extreme, 
     extenuating circumstances, such as the high cost of materials 
     transport and construction in Alaska. The managers expect the 
     Service to treat the maximum amount as a true ceiling and not 
     as the amount that every visitor center will receive. Also, 
     visitor contact stations should have a much lower maximum 
     funding level.
       The managers expect the Service to pursue cost sharing, 
     including in-kind services and contributions, in establishing 
     priorities for construction. Further, the size of visitor 
     centers and headquarters buildings should be related to 
     current visitation and currently established ``minimum 
     staffing levels'' and not based on comprehensive conservation 
     plan or other projections. The guidelines and specifications 
     developed by the Service should address size and function, 
     sustainability, energy efficiency, people flow, and operating 
     costs. The managers also expect the Service to develop 
     unified outreach materials for visitor facilities.
       The Service should report to the House and Senate 
     Committees on Appropriations no later than February 1, 2002, 
     on its priority setting and evaluation process for 
     construction projects. Supervisory and management personnel 
     within the Service should be held accountable for 
     implementing Service construction priorities and should be 
     clearly directed to refrain from operating as ``free agents'' 
     in support of specific construction proposals outside that 
     process.
       Finally, the managers caution the Service that its refuge-
     specific comprehensive conservation plans are raising 
     unrealistic expectations, both within and outside the 
     Service, with respect to construction, land acquisition, and 
     operations and maintenance funding availability. The managers 
     expect the Service to place a clear and realistic statement 
     in the front of each comprehensive conservation plan stating 
     that such plans detail program planning levels that are 
     substantially above current budget allocations and, as such, 
     are for Service strategic planning and program prioritization 
     purposes only. Such plans do not constitute a commitment for 
     refuge boundary expansions, staffing increases, or funding 
     for future refuge-specific land acquisitions, construction 
     projects or operational and maintenance increases.
       The managers agree to the following:
       1. The funds provided for the Northwest Power Planning Area 
     are for construction of fish screens, fish passage devices, 
     and related features, pursuant to Public Law 106-502.
       2. No funds are provided for an administrative center and 
     visitor facility at Pelican Island NWR, FL. The Service 
     should identify a site for, and justify the cost of, such a 
     facility in future budget requests.
       3. The Crusoe Conservation Center at the Montezuma NWR, NY 
     is being funded largely with State and local funding from the 
     State of New York, the local school district, Ducks 
     Unlimited, and the Audubon Society. The managers encourage 
     the Service to pursue such cost sharing for construction 
     projects on other refuges.
       4. The Service should pursue potential cost-sharing 
     arrangements for construction of the Waccamaw NWR, SC visitor 
     and education center.
       5. No funds are included for planning and design of a 
     research facility at the Sevilleta NWR, NM. The Service 
     should consider such a facility in the context of its 
     construction priorities for fiscal year 2003.
       6. Further funding for barn rehabilitation at John Hay NWR, 
     NH, if needed, should be provided from other sources such as 
     historic preservation groups.


                            LAND ACQUISITION

       The conference agreement provides $99,135,000 for land 
     acquisition instead of $104,401,000 as proposed by the House 
     and $108,401,000 as proposed by the Senate. Funds should be 
     distributed as follows:

        Area (State)                                             Amount
Back Bay NWR (VA)............................................$3,900,000
Big Muddy NFWR (MO)...........................................2,000,000
Bon Secour NWR (AL)...........................................1,000,000
Cahaba NWR (AL)...............................................2,500,000
Canaan Valley NWR (WV)........................................7,800,000
Cape May NWR (NJ).............................................1,100,000
Cat Island NWR (LA)...........................................4,000,000
Charles M. Russell NWR (MT)...................................1,000,000
Clarks River NWR (KY).........................................1,500,000
Dakota Tallgrass Prairie WMA (ND/SD)..........................2,500,000
Edwin B. Forsythe NWR (NJ)....................................2,500,000
Fairfield Marsh Waterfowl Production Area (WI)................1,000,000
Florida Panther NWR (FL)........................................500,000
Great Bay NWR (NH)............................................1,200,000
Great Meadows NWR (MA)........................................1,000,000
Great Salt Pond NWR (RI)........................................500,000
Great Swamp NWR (NJ)..........................................1,000,000
Iron River Fish Hatchery (Glacial Springs) (WI).................285,000
J.N. Ding Darling NWR Complex (FL)............................3,000,000
James Campbell NWR (HI).......................................2,000,000
Kenai NWR (Point Possession) (AK).............................3,300,000
Laguna Atascosa NWR (TX)......................................5,000,000
Louisiana Black Bear Complex--Black Bayou NWR (LA)..............500,000
Neal Smith NWR (IA)...........................................1,000,000
Nisqually NWR Complex (WA)....................................1,000,000
Northern Tallgrass Prairie NWR (MN/IA)..........................550,000
Pelican Island NWR (Completes Lear and Michael tracts) (FL)...5,000,000
Petit Manan NWR (ME)............................................750,000
Rachel Carson NWR (ME)........................................1,000,000
Rappahannock River Valley NWR (VA)............................2,000,000
Red River NWR (LA)............................................1,000,000
Red Rocks Lakes NWR (MT)........................................500,000
Reelfoot NWR Complex (TN).....................................1,000,000
Rhode Island NWR Complex (RI).................................1,000,000
San Diego NWR (CA)............................................5,000,000
Silvio O. Conte NFWR..........................................1,100,000
Southeast Louisiana NWR Complex (LA)............................500,000
Stewart B. McKinney NWR (CT)..................................2,000,000
Waccamaw NWR (SC).............................................2,000,000
Wallkill River NWR (NJ).......................................2,000,000
Western Montana Project (MT)..................................3,000,000
White Sulphur Springs NFH (WV)..................................150,000
Whittlesey Creek NWR (WI).......................................500,000
                                                       ________________
                                                       
    Subtotal.................................................80,135,000
Emergency & Hardship..........................................1,500,000
Inholdings....................................................1,500,000
Exchanges.....................................................1,000,000
Acquisition Management.......................................15,000,000
                                                       ________________
                                                       
    Total....................................................99,135,000

       The funds included for the Great Salt Pond NWR, RI are 
     subject to authorization.
       The managers direct the Service to make land acquisition 
     requests for individual refuge units, rather than the current 
     practice of making requests at the refuge complex level.
       None of the funding provided for land acquisition shall be 
     used to acquire land for the placement of a visitor/
     interpretive center, without specifically identifying this 
     purpose in the budget justification for both the land 
     acquisition and construction accounts.
       The managers have included bill language authorizing the 
     purchase of common stock of Yauhannah Properties, Inc. The 
     managers understand that the Yauhannah Properties, Inc. 
     sole holding is property within the boundary of the 
     Waccamaw National Wildlife Refuge, and they are only 
     making the property available through the sale of common 
     stock. Therefore, the managers are aware that it may be 
     necessary for the Service to acquire this parcel by 
     purchasing the common stock. The managers note that this 
     purchase presents a number of complexities outside the 
     Service's expertise, including potential tax implications. 
     The managers expect that the Service should not assume any 
     Federal, State, or other jurisdiction tax liability by 
     acquiring this property through the purchase of common 
     stock. The managers also expect that the purchase of 
     common stock should only occur if the United States does

[[Page H6529]]

     not assume any material unanticipated liabilities or 
     assume any additional liability or expense than it would 
     otherwise assume if the underlying property were acquired.
       The managers continue to be concerned about the Service's 
     land acquisition budgeting and its land acquisition policy. 
     In response to continuing oversight by the Appropriations 
     Committees, the Service has developed a proposal to 
     streamline staffing and to reform its approach to land 
     acquisition budgeting and program implementation. The 
     managers expect the Service to implement its proposal to 
     reduce staffing from the current FTE level of 198 to 156 FTEs 
     by October 1, 2003. The Service should make much greater use 
     of contract resources for appraisals, cartography and 
     surveying associated with land acquisition. The practice of 
     refuge personnel and endangered species personnel charging 
     costs to land acquisition should be terminated unless there 
     are reimbursable agreements in place.
       The managers have agreed to bill language to permit the 
     limited use of project funding for overhead cost allocation 
     consistent with the Service's cost allocation methodology 
     during fiscal year 2002 only. The maximum amount that can be 
     assessed against all land acquisition projects in fiscal year 
     2002 is $2,500,000 and the managers urge the Service to use 
     savings from staffing attrition and other streamlining 
     efforts to reduce, to the greatest extent possible, the 
     amount assessed to a number well below the maximum allowable 
     level.
       The managers expect the Service to identify clearly its 
     land acquisition planning requirements in the fiscal year 
     2003 and future budget requests and to justify fully those 
     requirements as a separate line item in the land acquisition 
     or resource management account. Likewise, any overhead cost 
     allocation should be minimized and justified fully as a 
     separate ``cost allocation methodology'' line item in the 
     land acquisition account.
       The managers expect the Service to report semi-annually on 
     progress in implementing its land acquisition streamlining 
     proposal and to achieve the October 1, 2003 staffing goals 
     sooner than that date to the maximum extent practicable. The 
     first progress report is due no later than February 1, 2002. 
     Also, the managers strongly support the policy requiring 
     Director approval of any refuge boundary expansion and expect 
     the Service to justify any such approvals in the semi-annual 
     report.
       Land acquisition reform should be incorporated as a 
     critical performance element in the Service's supervisory 
     performance standards at the highest levels in headquarters, 
     regional offices and the field. This performance element 
     should be taken very seriously within the Service and the 
     semi-annual reports to the House and Senate Committees on 
     Appropriations should address specifically management 
     performance on this element. The managers remind the Service 
     that land acquisition reform should not be limited to 
     implementing the Service's streamlining proposal. It should 
     also apply to the individual manager's responsibility to 
     adhere to the Service's land acquisition prioritization 
     process and not operate as a ``free agent'' in support of 
     specific land acquisition proposals outside that process.
       Finally, the managers caution the Service that its refuge-
     specific comprehensive conservation plans are raising 
     unrealistic expectations, both within and outside the 
     Service, with respect to future land acquisition, 
     construction, and operations and maintenance funding 
     availability. The managers expect the Service to place a 
     clear and realistic statement in the front of each 
     comprehensive conservation plan stating that such plans 
     detail program planning levels that are substantially above 
     current budget allocations and, as such, are for Service 
     strategic planning and program prioritization purposes only. 
     Such plans do not constitute a commitment for refuge boundary 
     expansions, staffing increases, or funding for future refuge-
     specific land acquisitions, construction projects or 
     operational and maintenance increases.


                      LANDOWNER INCENTIVE PROGRAM

       The conference agreement provides $40,000,000 for the 
     landowner incentive program instead of $50,000,000 as 
     proposed by both the House and the Senate.


                           STEWARDSHIP GRANTS

       The conference agreement provides $10,000,000 for 
     stewardship grants as proposed by both the House and the 
     Senate.


            COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

       The conference agreement provides $96,235,000 for the 
     cooperative endangered species conservation fund instead of 
     $107,000,000 as proposed by the House and $91,000,000 as 
     proposed by the Senate. Changes to the House level include a 
     decrease of $12,000,000 for habitat conservation plan land 
     acquisition and an increase of $1,235,000 for program 
     administration.


                     NATIONAL WILDLIFE REFUGE FUND

       The conference agreement provides $14,414,000 for the 
     national wildlife refuge fund as proposed by the Senate 
     instead of $16,414,000 as proposed by the House. None of 
     these funds are charged against the conservation spending 
     category.


               NORTH AMERICAN WETLANDS CONSERVATION FUND

       The conference agreement provides $43,500,000 for the North 
     American wetlands conservation fund instead of $45,000,000 as 
     proposed by the House and $42,000,000 as proposed by the 
     Senate. Decreases to the House level include $1,440,000 for 
     wetlands conservation grants and $60,000 for program 
     administration.
       The managers understand that the Caddo Lake Institute in 
     partnership with the Division of International Conservation 
     and the National Wetlands Research Center in Lafayette, 
     Louisiana are interested in pursuing a RAMSAR-based wetlands 
     science, site management and education program. The managers 
     strongly encourage the Service to work with these groups to 
     explore the possibility of funding such an activity through a 
     North American Wetlands Conservation Act grant or another 
     Service program.
       The managers have agreed to bill language, as proposed by 
     the House, limiting increased grant funding above the fiscal 
     year 2001 level to projects in the United States. The Senate 
     had no similar provision.


                NEOTROPICAL MIGRATORY BIRD CONSERVATION

       The conference agreement provides $3,000,000 for the 
     neotropical migratory bird conservation program instead of 
     $5,000,000 as proposed by the House and no funding as 
     proposed by the Senate. None of these funds are charged 
     against the conservation spending category.
       The managers expect the program to be administered by the 
     division of bird habitat conservation but the Service should 
     incorporate international program staff expertise into the 
     oversight and administration of the program.


                MULTINATIONAL SPECIES CONSERVATION FUND

       The conference agreement provides $4,000,000 for the 
     multinational species conservation fund as proposed by both 
     the House and the Senate.
       The managers have agreed to bill language, as proposed by 
     the House, specifying the public law citations for the Asian 
     elephant and the rhino and tiger funds.


                         STATE WILDLIFE GRANTS

                    (INCLUDING RESCISSION OF FUNDS)

       The conference agreement provides $85,000,000 for State 
     wildlife grants in fiscal year 2002 instead of $100,000,000 
     as proposed by both the House and the Senate. Within this 
     amount, $5,000,000 is for a competitive grant program for 
     Indian tribes. The agreement also provides for the rescission 
     of $25,000,000 from the fiscal year 2001 appropriation rather 
     than a rescission of $49,890,000 as proposed by the Senate 
     and no rescission as proposed by the House.
       The managers agree to the clarification of the ``full 
     array'' of wildlife requirement for planning contained in the 
     House report.
       The managers have agreed to the distribution formula in 
     bill language proposed by the Senate rather than the formula 
     proposed by the House. The managers have also agreed to a 
     technical change to the conservation spending category bill 
     language proposed by the Senate.


                         TRIBAL WILDLIFE GRANTS

       The conference agreement provides no funding under this 
     heading for tribal wildlife grants; however, $5,000,000 is 
     earmarked under the State wildlife grant program for this 
     purpose.

                         National Park Service


                 OPERATION OF THE NATIONAL PARK SYSTEM

       The conference agreement provides $1,476,977,000 for the 
     operation of the National park system instead of 
     $1,480,336,000 as proposed by the House and $1,473,128,000 as 
     proposed by the Senate. Of this amount, $2,000,000 for the 
     Youth Conservation Corps program is derived from the 
     conservation spending category.
       The agreement provides $318,827,000 for resource 
     stewardship as proposed by the House instead of $317,996,000 
     as proposed by the Senate. The agreement provides 
     $297,543,000 for visitor services as proposed by the House 
     instead of $298,343,000 as proposed by the Senate.
       The agreement provides $481,088,000 for maintenance instead 
     of $483,197,000 as proposed by the House and $478,701,000 as 
     proposed by the Senate. Changes to the House level include 
     increases totaling $600,000 for the New River Gorge National 
     River to hire local crews to improve visitor access and 
     facilities, remove structures posing hazards to visitors, and 
     provide technical support and maintenance for the parkway. 
     There is a reduction of $2,709,000 for the repair and 
     rehabilitation program. Within the total for repair and 
     rehabilitation the following projects should be funded: 
     $675,000 for the Great Smoky Mountains National Park 
     including $375,000 to repair the historic log cabins and a 
     $300,000 general increase for maintenance needs, $400,000 for 
     the George Washington Memorial Parkway, $175,000 for the 
     Klondike Goldrush National Historic Park, and $400,000 for 
     the Indiana Dunes National Lakeshore.
       The conference agreement provides $272,921,000 for park 
     support instead of $271,371,000 as proposed by the House and 
     $271,490,000 as proposed by the Senate. Changes to the House 
     level include increases of $200,000 for Wild and Scenic 
     Partnership Rivers, $2,000,000 for Lewis and Clark Challenge 
     Cost Share program grants and a decrease of $650,000 for 
     financial audits, which have been funded under the Inspector 
     General account. The entire $200,000 increase for Wild and 
     Scenic Partnerships Rivers should be allocated directly to 
     the eight partnership rivers through the Northeast Regional 
     Office. The funds should be equally divided among the areas. 
     The managers direct that

[[Page H6530]]

     no overhead costs may be charged to this money including the 
     hiring of new staff. Any technical assistance should be 
     provided by the existing rivers, trails and conservation 
     assistance regional staff.
       The agreement provides $104,598,000 for external 
     administrative costs as proposed by the Senate instead of 
     $107,398,000 as proposed by the House. The change to the 
     House level is a reduction of $2,800,000 for bandwidth needs.
       Following enactment of this Act, the National Park Service 
     should make the necessary adjustments to align the additional 
     operation funds for the purposes approved by the House and 
     Senate Committees on Appropriations with the proper budget 
     subactivities.
       The managers remain supportive of the parks and programs of 
     the Service. Each year, efforts are made to provide 
     additional operational increases, over and above the request, 
     to keep pace with the growing demands on the system and the 
     Service. While some additional hiring may be necessary, the 
     managers strongly encourage the Service to consider carefully 
     the outyear implications of hiring decisions being made with 
     available funds. Inflationary adjustments, pay cost 
     requirements, and other dollars necessary to support 
     employees grow over time. At a time of budget uncertainty, 
     NPS managers should be cautious in committing to the hiring 
     of additional personnel that may not be sustainable over time 
     if budget increases are not forthcoming in future years.
       The managers reinforce the direction in the House report 
     regarding the cost and size of visitor centers, heritage 
     centers and environmental education centers. Nearly five 
     years ago, the Service was cautioned to be more realistic 
     about the development of General Management Plans, which, in 
     many cases, have become unrealistic documents which tend to 
     include expensive, oversized buildings and other projects 
     that are not essential or central to the mission of the park. 
     In many instances, superintendents, working outside the 
     National Park Service's budget process, put forward proposals 
     for visitor centers that are oversized and do not take into 
     account the location, current visitation and staffing levels 
     of the specific unit. These projects often compete directly 
     against backlog maintenance projects and other construction 
     priority needs of the Service.
       The managers direct the Director to take these repeated 
     concerns seriously and prepare a response by February 1, 
     2002, which proposes a new National policy regarding the 
     preparation of General Management Plans, addresses the issue 
     of oversized structures, establishes appropriate scope for 
     new proposed facilities, and establishes cost and planning 
     parameters to be followed by all parks.
       The managers expect the Director and the Regional Directors 
     to be familiar with the scope of projects proposed, and to 
     withhold approval of plans and projects that are not 
     consistent with the policy to be articulated. This applies to 
     proposals that are being officially considered through the 
     budget process and proposals that are being considered 
     independently. The managers understand that lines of 
     authority flow from the Director through the Regional 
     Directors to the parks, and greater discipline must be 
     imposed in complying with established policy.
       The managers also suggest that there should be a priority 
     process for proposing new visitor facilities, when needed, 
     and that the Service consider seriously the inclusion of this 
     type of facility in the budget process when it meets a 
     priority need of the Park System. The managers are concerned 
     that priority systems for line-item construction which rely 
     solely on backlog maintenance as a determining factor for 
     funding will exacerbate the trend towards bypassing the 
     established budget process for visitor services facilities. 
     The National Park Service and the Department of the Interior 
     are encouraged to agree on one common priority system that 
     reflects the breadth of the Service's mission, with a strong 
     emphasis on addressing backlog issues while responding to the 
     emerging challenges facing the Service.
       The managers have agreed to the Senate bill language 
     providing two-year availability for maintenance, repair or 
     rehabilitation projects, an automated facility management 
     software system, and comprehensive facility condition 
     assessments.
       The managers have retained language, proposed by the House, 
     which precludes the Service from establishing a new associate 
     director position for business practices and partnerships. 
     The managers agree that the Service needs to enhance its 
     capacities in these areas, particularly with regard to 
     strategic direction in the areas of concessions and fee 
     management. Rather than reorganizing and creating more 
     positions, at a time when the Administration is requiring 
     agencies to review their workforces and streamline their 
     organizations, the managers expect the Service to focus on 
     increasing the technical and financial expertise needed to 
     improve and protect the financial interests of parks on 
     behalf of the taxpayers. Not all of these skills need to be 
     hired on a permanent basis. Contracts and consultants should 
     be used as appropriate. In filling positions in the 
     concessions and fee areas, the managers expect the Service to 
     abandon the traditional position descriptions and job 
     screening criteria, and recruit for new employees who possess 
     the necessary financial and strategic backgrounds. The 
     managers have supported most of the business plans developed 
     to date, and recommend that the types of skills used in that 
     project be put to greater use within the National Park 
     Service.
       The managers have agreed to modify the Senate language 
     regarding the Lewis and Clark Challenge Cost Share program to 
     limit single awards to no more than $250,000 instead of 
     $100,000 as proposed by the Senate. The managers also want to 
     make clear that the competitive funds may be used for 
     signature events, planning, visitor services and safety 
     information.
       The managers are aware of work that has been done at 
     Glacier National Park to make several boat docks and trails 
     accessible to park visitors with disabilities. The managers 
     applaud these efforts, and urge the Service to allocate the 
     funds necessary to complete similar work at the heavily used 
     dock at Lake McDonald Lodge.
       The managers commend the Service for beginning to include 
     the role of slavery in its interpretations at Civil War 
     Battlefields and Monuments along with other factors such as 
     State sovereignty rights, economics including trade and 
     tariffs, and broader cultural differences. The managers 
     encourage the Service to continue to diversify and expand its 
     interpretations so that all of these complex factors can be 
     better understood.
       The managers are supportive of efforts by the Service to 
     expand diversity, not only in the workforce but also in the 
     types of parks that comprise the system and in the outreach 
     that is done to attract a broader spectrum of visitors to the 
     resources of the Service. The managers are supportive of the 
     cultural resources diversity initiative and encourage the 
     Service to build on the successes of this effort in support 
     of greater progress across all programs. The managers direct 
     the Service to have an interdisciplinary team representing 
     headquarters and the field prepare a comprehensive report on 
     its various diversity initiatives, especially as they affect 
     visitation and employment, and report back to the Committees 
     on these findings by March 31, 2002. The report should 
     incorporate those aspects of the Service's diversity action 
     plan, which are targeted at improving performance, as well as 
     the Director's plan for communicating internally and 
     externally to the Service on the importance of these issues. 
     The report should then be updated annually. The Service is 
     encouraged to pursue opportunities to extend its outreach 
     efforts in ways that do not require increased funding.
       The managers are aware of efforts by the Department of the 
     Interior to work with State and local authorities to prepare 
     land use plans for the former Bureau of Mines property near 
     Fort Snelling, Minnesota. The managers have deferred 
     consideration of funding for this project pending conclusion 
     of these discussions and presentation to the Committee of 
     a land use plan which clarifies the total cost of the 
     project, the Federal share of such costs, and more precise 
     details regarding the role to be played by the Federal 
     government. The managers are hopeful that a formal 
     proposal can be considered prior to conference on the 
     fiscal year 2003 bill.

                       United States Park Police

       The conference agreement provides $65,260,000 for the 
     United States Park Police as proposed by the House, instead 
     of $66,106,000 as proposed by the Senate.
       The managers have been concerned for several years about 
     fiscal management and accountability of the U.S. Park Police. 
     As a result, the Committees directed the National Academy of 
     Public Administration (NAPA) to conduct a review of the 
     USPP's goals, mission, financial management and 
     accountability as well as its staffing, equipment, and other 
     needs. The Academy completed its review in August and made 
     extensive recommendations on needed improvements.
       The managers direct the Department, in cooperation with the 
     National Park Service and the United States Park Police, to 
     develop a detailed plan to implement the comprehensive 
     recommendations of NAPA described in the August 2001 report. 
     The Department should forward its implementation plan to the 
     House and Senate Committees on Appropriations no later than 
     December 15, 2001.

                  National Recreation and Preservation

       The conference agreement provides $66,159,000 for National 
     recreation and preservation instead of $51,804,000 as 
     proposed by the House and $66,287,000 as proposed by the 
     Senate. The agreement provides $549,000 for recreation 
     programs as proposed by the House instead of $555,000 as 
     proposed by the Senate.
       The agreement provides $10,930,000 for natural programs as 
     proposed by the House instead of $11,595,000 as proposed by 
     the Senate. Within the amount provided for the Rivers and 
     Trails Conservation Assistance program, $250,000 is earmarked 
     for work establishing a 740-mile Northern Forest Canoe Trail 
     through the States of Vermont, New York, Maine, and New 
     Hampshire. The managers urge the program to give priority 
     consideration to the Eightmile River, the Washington-
     Rochambeau National Historic Trail and Clark County, Nevada. 
     The managers are concerned with National Park Service 
     decisions to continue Rivers and Trails Conservation 
     Assistance earmarks as permanent increases to base funding. 
     If the National Park Service wishes to continue an earmark it 
     should be identified as a continuing project in the budget 
     justification.
       The agreement provides $20,769,000 for cultural programs 
     instead of $20,019,000 as proposed by the House and 
     $20,451,000 as proposed by the Senate. Changes to the House

[[Page H6531]]

     level include an increase of $250,000 for the Heritage 
     Education Model and $500,000 for the newly authorized 
     Underground Railroad grant program, of which $250,000 is for 
     a grant to the Underground Railroad Coalition of Delaware. 
     This program should be managed by the same grants staff as 
     the Underground Railroad technical assistance program. This 
     entire amount should be used for grants. The $250,000 
     earmarked in the House report to continue development of a 
     model Heritage Education Initiative is in cooperation with 
     Northwestern State University of Louisiana. Within available 
     funds, the managers direct that $300,000 be available for 
     Heritage Preservation, Inc.
       The conference agreement provides $1,718,000 for 
     international park affairs as proposed by the House instead 
     of $1,732,000 as proposed by the Senate.
       The agreement provides $397,000 for environmental 
     compliance and review as proposed by the House instead of 
     $401,000 as proposed by the Senate. Also provided is 
     $1,582,000 for grant administration as proposed by the House 
     instead of $1,605,000 as proposed by the Senate.
       The conference agreement provides $13,209,000 for heritage 
     partnership programs instead of $12,458,000 as proposed by 
     the House and $13,368,000 as proposed by the Senate. This 
     total includes $13,092,000 for individual heritage areas and 
     $117,000 for administrative support. Funds are to be 
     distributed as follows:

America's Agricultural Heritage Partnership....................$700,000
Augusta Canal National Heritage Area............................492,000
Automobile National Heritage Area...............................500,000
Cache La Poudre River Corridor...................................50,000
Cane River National Heritage Area...............................650,000
Delaware and Lehigh National Heritage Corridor..................700,000
Erie Canalway National Heritage Corridor........................210,000
Essex National Heritage Area..................................1,000,000
Hudson River Valley National Heritage Area......................900,000
Illinois and Michigan Canal National Heritage Corridor..........500,000
John H. Chafee Blackstone River Valley National Heritage Corrido800,000
Lackawanna Valley National Heritage Area........................500,000
National Coal Heritage Area.....................................210,000
Ohio and Erie Canal National Heritage Corridor................1,000,000
Quinebaug and Shetucket Rivers Valley National Heritage Corridor750,000
Rivers of Steel National Heritage Area........................1,000,000
Schuykill National Heritage Area................................210,000
Shenandoah River Valley Battlefields National Historic District.500,000
South Carolina National Heritage Corridor.....................1,000,000
Tennessee Civil War Heritage Area...............................210,000
Wheeling National Heritage Area...............................1,000,000
Yuma Crossing National Heritage Area............................210,000
                                                       ________________
                                                       
    Project total............................................13,092,000
Administrative..................................................117,000
                                                       ________________
                                                       
    Total....................................................13,209,000


       The managers reiterate that previously appropriated 
     technical assistance money for heritage areas is to be used 
     to assist local governments and partner organizations 
     implement locally supported projects consistent with the 
     overall plans for these congressionally designated areas.
       The conference agreement provides $17,005,000 for statutory 
     or contractual aid instead of $4,151,000 as proposed by the 
     House and $16,580,000 as proposed by the Senate. The funds 
     are to be distributed as follows:

Anchorage Museum.............................................$2,500,000
Barnanoff Museum/Erksin House...................................250,000
Bishop Museum's Falls of Clyde..................................300,000
Brown Foundation................................................101,000
Chesapeake Bay Gateways.......................................1,200,000
Dayton Aviation Heritage Commission.............................299,000
Denver Natural History and Science Museum.......................750,000
Ice Age National Scientific Reserve.............................806,000
Independence Mine.............................................1,500,000
Jamestown 2007..................................................200,000
Johnstown Area Heritage Association..............................49,000
Lake Roosevelt Forum.............................................50,000
Lamprey River...................................................500,000
Mandan On-a-Slant Village.......................................750,000
Martin Luther King, Jr. Center..................................528,000
Morris Thomson Cultural and Visitor Center......................750,000
National Constitution Center....................................500,000
Native Hawaiian Culture and Arts Program........................740,000
New Orleans Jazz Commission......................................66,000
Penn Center National Landmark.................................1,000,000
Roosevelt Campobello International Park Commission..............766,000
Sewall-Belmont House............................................500,000
St. Charles Interpretive Center.................................500,000
Vancouver National Historic Reserve.............................400,000
Vulcan Monument...............................................2,000,000
                                                       ________________
                                                       
    Total...................................................$17,005,000

       The managers have included $750,000 for the Denver Natural 
     History and Science Museum, $500,000 for the St. Charles 
     Interpretive Center, and $750,000 for Mandan-on-a-Slant 
     Village. This completes the Federal commitment to these 
     projects.


                     URBAN PARK AND RECREATION FUND

       The conference agreement provides $30,000,000 for the urban 
     park and recreation fund as proposed by the House instead of 
     $20,000,000 as proposed by the Senate. This program is funded 
     under the conservation spending initiative.


                       HISTORIC PRESERVATION FUND

       The conference agreement provides $74,500,000 for the 
     historic preservation fund instead of $77,000,000 as proposed 
     by the House and $74,000,000 as proposed by the Senate. The 
     change to the House is a reduction of $2,500,000 for a grant 
     to the National Trust for Historic Preservation for its 
     historic sites program.
       Included in the total is $30,000,000 to continue the Save 
     America's Treasures program. Save America's Treasures funds 
     are subject to a fifty percent cost share, and no single 
     project may receive more than one grant from this program. A 
     total of $15,000,000 is provided for competitive grants and 
     the remaining $15,000,000 is to be distributed as follows:

        Project/State                                            Amount
1901 Pan Am Building, NY.......................................$100,000
Academy of Music, Philadelphia Orchestra, PA....................200,000
Akron Civic Theatre, OH.........................................500,000
Alaska Moving Image Preservation Association, AK................500,000
Amer. Air Power Museum (hangar restoration & Tuskegee Airmen exhibits), 
  NY............................................................200,000
Arthurdale Historic Community (restoration), WV.................300,000
B&O Railroad/Vanadalia Corridor Restoration, WV.................200,000
Bailly Chapel House, IN.........................................200,000
Belknap Mill, NH................................................250,000
Biltmore School, NC.............................................300,000
Bishop Museum Moving Image Collection, HI........................50,000
Camp Ouachita, AR...............................................365,000
Charles Washington Hall, WV.....................................200,000
City Hall, Taunton, MA..........................................250,000
Documentation of the Immigrant Experience, MN...................250,000
Eagle Block rehabilitation, NH..................................250,000
Englert Theatre, Iowa City, IA..................................365,000
Florence Griswold Museum, Old Lyme, CT..........................100,000
Fort Mitchell, AL...............................................300,000
Fort Nisqually, WA..............................................250,000
Fort Pike, LA...................................................200,000
Franklin House, NY..............................................100,000
Frederick Douglass Junior and Senior High School, Huntington, WV270,000
George Ohr Museum and Cultural Center, MS.......................425,000
Harborview (Great Lakes Historical Society), OH.................100,000
Harrison Brothers Hardware, AL..................................100,000
Hegeler-Carus Mansion, IL.......................................200,000
Hill Stead Museum, CT...........................................115,000
Lewis and Clark College (artifact preservation), OR.............400,000
Lincoln Courthouse, WI..........................................280,000
Lincoln Historic Building, NM.................................1,000,000
Lion House at the Bronx Zoo, NY.................................200,000
Lloyd House, VA.................................................125,000
Mahaiwe Theater, MA.............................................250,000
Masonic Temple, PA..............................................200,000
McDowell House, KY..............................................150,000
Moss Mansion, MT.................................................70,000
Orpheum Theatre, KS.............................................200,000
Paducah-McCracken County River Heritage Museum, KY..............250,000
Paul Robeson House, PA..........................................200,000
Pawtucket Armory, RI............................................250,000
Peter Augustus Jay House, NY....................................100,000
Pickens County Courthouse, AL...................................100,000
Prairie Churches, ND............................................100,000
Quarry Pond Farm Barn, OH.......................................200,000
Quindaro Archaelogical Site Preservation, KS....................200,000
Robert Mills Courthouse, Camden, SC.............................330,000
Rose Hill Farm, VA..............................................100,000
Scarsdale National Historic Railroad Station, NY................100,000
Scranton Cultural Center, PA....................................250,000
Shreveport Oakland Cemetery, LA.................................365,000
Sotterly Plantation (Manor House), MD...........................220,000

[[Page H6532]]

Squire Earick House, KY.........................................150,000
State Theatre, NY...............................................150,000
Tinner Hill, VA.................................................125,000
U.S. Air Force Museum (restoration of XC-99 aircraft), OH.......200,000
University of Missouri (Audubon's ``Birds of America''), MO.....155,000
University of South Dakota Old Women's Gym/Original Armory, SD..365,000
University of Vermont Morgan Horse Farm, VT.....................365,000
USS Alabama, AL.................................................250,000
Vermont Historical Society, Spaulding Grade School, Barre, VT...365,000
West Virginia State Museum--Civil War Regimental Flag Collection,95,000
Wooster City Schools Administrative Building, OH................500,000
                                                       ________________
                                                       
    Total....................................................15,000,000


                              CONSTRUCTION

       The conference agreement provides $366,044,000 for 
     construction instead of $349,249,000 as proposed by the House 
     and $338,585,000 as proposed by the Senate. Of this total, 
     $66,851,000 is funded under the conservation spending 
     category. The funds are to be distributed as follows:

                        [In thousands of dollars]
------------------------------------------------------------------------
                   Project                       Planning   Construction
------------------------------------------------------------------------
Abraham Lincoln Library, IL..................  ...........         8,000
Apostle Islands NL, WI (utility systems).....  ...........           436
Arches NP, UT (visitor center planning)......          680  ............
Assateague Island NS, MD (upgrade water        ...........           550
 treatment plant)............................
Assateague Island NS, MD (Coastal Barrier              500  ............
 Island Education Center environmental
 assessment).................................
Big Bend NP, TX (sewer planning).............          400  ............
Big Cypress NPres, FL (rehabilitate trails)..  ...........         3,000
Blue Ridge Parkway, NC (rehabilitate/replace   ...........         3,796
 guardrails).................................
Blue Ridge Parkway, Fisher Peak, VA..........  ...........         1,000
Boston NHP, MA (rehabilitate Bunker Hill       ...........         3,751
 monument)...................................
Brown v. Board of Education NHS, KS            ...........         2,475
 (rehabilitate Monroe School)................
Cane River Creole NHP, LA (Oakland Plantation  ...........         1,983
 stabilization and preservation).............
Cape Cod NS, MA (complete Salt Pond visitor    ...........           710
 center).....................................
Cape Cod NS, MA (Highlands Center water,       ...........           775
 fire, and septic systems)...................
Cape Hatteras NS, NC (complete lighthouse      ...........         1,173
 relocation project).........................
Chesapeake and Ohio Canal NHP, MD (stabilize   ...........         6,415
 Monocacy Aqueduct)..........................
Chesapeake and Ohio Canal NHP, DC (preserve    ...........         1,838
 Georgetown waterfront masonry walls)........
Colonial NHP, VA (preserve Poor Potter         ...........           718
 archaeological site)........................
Cumberland Island NS, GA (restore chimneys)..  ...........           450
Cuyahoga Valley NP, OH (rehabilitation and     ...........         3,000
 restoration)................................
Dayton Aviation Heritage NHP, OH (Huffman &    ...........         3,100
 west exhibits)..............................
Delaware Water Gap NRA, PA (planning)........           67  ............
Denali NP&P, AK (entrance visitor facilities)  ...........         7,000
Downeast Heritage Center, ME (completion)....  ...........         2,000
Everglades NP, FL (modified water delivery     ...........        19,199
 system).....................................
Everglades NP, FL (Flamingo wastewater         ...........         4,192
 system).....................................
Fort McHenry NM & HS, MD (repair historic      ...........         1,480
 seawall)....................................
Fort Washington Park, MD (repair masonry       ...........           700
 wall).......................................
Franklin D. Roosevelt NHS, NY (construct FDR   ...........         5,630
 Library visitor center).....................
Gateway NRA, NJ (Sandy Hook access)..........  ...........         2,346
Gateway NRA, NY (complete Jacob Riis Park      ...........         4,130
 rehabilitation).............................
Gateway NRA, NY (Jacob Riis Park natatorium            200  ............
 study)......................................
George Washington Memorial Parkway, MD         ...........         2,400
 (complete rehabilitation of Glen Echo
 facilities).................................
George Washington Memorial Parkway, VA         ...........         1,562
 (rehab. Arlington House, outbuildings and
 grounds)....................................
Gettysburg NMP, PA (restore Cyclorama).......  ...........         2,500
Glacier NP, MT (Many Glacier Hotel emergency   ...........         4,500
 stabilization)..............................
Glacier NP, MT (Lake McDonald wastewater       ...........         1,500
 treatment)..................................
Glacier NP, MT (reconstruct Apgar District     ...........         5,485
 and Headquarters water system)..............
Glacier Bay NP&P, AK (construct maintenance    ...........         4,233
 support facility)...........................
Glen Canyon NRA, UT (Wahweap sewage system)..  ...........         5,138
Golden Gate NRA, CA (Immigration Museum                450  ............
 studies)....................................
Golden Gate NRA, CA (Pier 2 seismic).........  ...........        13,000
Grand Canyon NP, AZ (rehabilitate South Rim    ...........           987
 comfort stations)...........................
Great Basin NP, NV (visitor learning center            500  ............
 planning and design)........................
Great Smoky Mountains NP, TN (replace science  ...........         4,703
 facilities).................................
Harpers Ferry NHP, WV (restoration and         ...........         1,890
 rehabilitation of train station)............
Hispanic Cultural Center, NM (construction)..  ...........         1,800
Hot Springs NP, AR (rehabilitation)..........  ...........         2,000
Independence NHP, PA (replace walkways)......  ...........           966
Independence NHP, PA (utilities and exhibits   ...........         6,583
 at 2nd Bank)................................
Jamestown NHS, VA (DCP/EIS, storage for                795  ............
 collections)................................
Jean Lafitte NHP&P, LA (rehabilitate Decatur   ...........           500
 House & Chalmette Battlefield)..............
John Adams Presidential Memorial, DC                 1,000  ............
 (planning)..................................
John Day Fossil Beds NM, OR (construct         ...........         8,421
 paleontological center and rehabilitate
 headquarters)...............................
John H. Chafee Blackstone River Valley NHC,    ...........         1,000
 RI & MA.....................................
Keweenaw NHP, MI (restore historic Union       ...........         2,500
 Building)...................................
Lava Beds NM, CA (replace visitor center)....  ...........         4,131
Little Bighorn Battlefield National Indian     ...........         2,300
 Memorial, MT................................
Mesa Verde NP, CO (water systems)............  ...........         4,037
Mojave NPres, CA (Kelso exhibits)............  ...........           750
Morris Thomson Visitor and Native Cultural     ...........         1,500
 Center, AK..................................
Morristown NHP, NJ (rehabilitation)..........  ...........           600
Mt. Rainier NP, WA (Guide House).............           56         1,590
National Capital Parks-Central, DC (complete   ...........         2,600
 Jefferson Memorial rehabilitation)..........
National Capital Parks-Central, DC (upgrade    ...........         1,562
 Ford's Theater and Petersen's House)........
National Capital Parks-Central, DC (capitol    ...........           950
 concert canopy).............................
National Center for the American Revolution,           350  ............
 PA (development concept planning)...........
National Underground Railroad Freedom Center,  ...........         3,000
 OH..........................................
New River Gorge NR, WV (upgrade water system)  ...........           556
Niagara River & Gorge, NY (special resource            300  ............
 study)......................................
Olympic NP, WA (Elwha River restoration).....  ...........        25,847
Palace of the Governors, NM (complete federal  ...........         5,000
 contribution to annex)......................
Petrified Forest NP, AZ (replace water line).  ...........         5,929
Point Reyes NS, CA (lighthouse access,         ...........         1,285
 utilities)..................................
Puukohola Heiau NHS, HI (relocate maintenance  ...........           837
 facilities).................................
Redwood NP, CA (remove failing roads)........  ...........         2,552
Saint Croix Island IHS, ME (provide basic      ...........           713
 facilities).................................
Saint Croix NSR, WI (visitor center planning)          360  ............
San Francisco Maritime NHP, CA (rehabilitate   ...........         4,639
 C.A. Thayer)................................
Sequoia NP, CA (complete restoration of Giant  ...........         1,480
 Forest).....................................
Shiloh NMP Corinth Civil War Interpretive      ...........         3,062
 Center, MS (complete construction)..........
Southwestern Pennsylvania IHR, PA              ...........         3,000
 (rehabilitation)............................
Statue of Liberty NM, (Ellis Island, NJ                600  ............
 seawall repair planning)....................
Stones River NB, TN (rehabilitation).........  ...........         2,900
Timucuan Ecological and Historic Reserve, FL   ...........           500
 (visitor access, signs and exhibits)........
Tumacacori NHP, AZ (relocate maintenance and   ...........           944
 administrative facilities)..................
Tuskegee Airmen NHS, AL (Moton Field                 1,000  ............
 rehabilitation and restoration).............
Ulysses S. Grant NHS, (restore historic        ...........         5,200
 structures).................................
Vancouver NHR, WA (Barracks repairs).........  ...........         1,500
Vicksburg NMP, MS (Mint Spring stabilization)  ...........           920
White House, DC (structural and utility        ...........         6,500
 rehabilitation).............................
Wilson's Creek NB, MO (rehabilitation).......  ...........           250
Wrangell St. Elias NP&P, AK (exhibits).......  ...........           700
Yellowstone NP, WY (replace Norris water and   ...........         2,008
 wastewater treatment facilities)............
Yellowstone NP, WY (replace deficient          ...........         7,224
 collections storage & build collections
 management facility)........................
                                              --------------------------
      Subtotal...............................        7,258       268,081
                                              ==========================
      Grand Subtotal, planning and             ...........       275,339
       construction..........................
                                                           =============
Emergency and Unscheduled Projects...........  ...........         3,500
Housing Replacement..........................  ...........        12,500
Dam Safety...................................  ...........         2,700
Equipment Replacement........................  ...........        17,960
Construction Planning, Pre-design and          ...........        25,400
 Supplementary Services......................
Construction Program Management and            ...........        17,405
 Operations..................................
General Management Planning..................  ...........        11,240
                                                           -------------
      Subtotal...............................  ...........        90,705
                                                           =============
Total, NPS Construction......................  ...........       366,044
------------------------------------------------------------------------

       The managers have not included the $4,972,000 for utilities 
     and campground replacement at Acadia National Park because 
     the funds cannot be obligated until 2003. However, the 
     managers are strongly supportive of this project and intend 
     to provide these funds in fiscal year 2003. The managers have 
     included $680,000 to initiate planning for a visitor center 
     at Arches National Park in Utah. The Service is directed to 
     complete this project for $6,800,000 including all design, 
     construction and exhibits. The funds provided for a memorial 
     commemorating President John Adams are for planning and 
     design, in cooperation with non-Federal partners.
       The managers have included $500,000 in planning to complete 
     an environmental assessment for proposed visitor education 
     centers at Assateague Island National Seashore. The managers 
     are aware of proposals for two separate facilities that would 
     be constructed in close proximity to one another at this 
     location. The park has advocated for a new 7,000 square foot 
     Barrier Island Education Center; and the State of Maryland, 
     in partnership with the park, has proposed an 11,000 square 
     foot Coastal Ecology Learning Center. The managers are 
     concerned about the potential duplication of efforts in these 
     proposed facilities, as well as both the construction and 
     operational costs. The preliminary cost estimate for the 
     proposed park facility alone is $9,500,000. The managers 
     strongly encourage the park and its partners to develop a 
     comprehensive program that addresses and prioritizes the 
     proposed program requirements and reduces the overall scope 
     and cost of the consolidated project. Combining these two 
     efforts into one facility will save both Federal and State 
     resources. The managers expect the Service to report to the 
     House and Senate Committees on Appropriations prior to the 
     obligation of any funds for construction of this project. 
     This is not a commitment to fund this project in the future.
       Although the conference agreement contains no specific 
     funding for the Stiltsville project in Biscayne National 
     Park, as soon as the Service assumes direct responsibility 
     for the structures the managers expect the Service to 
     allocate such repair and rehabilitation funds as are 
     necessary to maintain properly the structures in a manner 
     consistent with the management policy that is adopted.
       The managers have included $775,000 for the Highlands 
     Center in the Cape Cod National Seashore to accomplish core 
     utility system replacement at the closed North Truro Air 
     Force Station. The potable water and fire suppression systems 
     will be repaired and the septic facilities will be replaced 
     to prepare for the conversion of the station into the 
     Highlands Center. The Center is a cooperative effort between 
     the National Park Service and other public and private groups 
     and will serve as the focal point for environmental sciences, 
     traditional Cape Cod culture, and the arts for the public on 
     Cape Cod. The total Federal investment for infrastructure 
     improvements will be $2,500,000; the balance will be raised 
     through private sources.
       The managers have agreed to provide $1,000,000 towards the 
     construction of a music center at Fisher Peak in the Blue

[[Page H6533]]

     Ridge Parkway. The managers direct that the $500,000 in 
     unobligated balances from the Fisher Peak amphitheater 
     funding, appropriated by the Committees in fiscal year 1998, 
     be reprogrammed to this project. These funds complete the 
     National Park Service commitment to this project.
       Both the House and Senate bills included $6,000,000 for 
     stabilization of the Many Glacier Hotel at Glacier National 
     Park. The managers have agreed to reallocate $1,500,000 of 
     these funds to complete the wastewater treatment system at 
     Lake McDonald, the cost of which is higher than original 
     estimates due to design modifications required to comply with 
     State and Federal treatment requirements. The remaining 
     $4,500,000 provided for Many Glacier stabilization are 
     sufficient to complete the most urgently needed repairs. The 
     managers note that this reallocation of funds will have no 
     impact on the expected ability of the Hotel to open for the 
     2002 season, and will in no way enhance the concessionaire's 
     possessory interest in the Hotel. The managers encourage the 
     Service to continue working with interested parties to 
     resolve the question of possessory interest, and to address 
     other issues that require resolution in order to ensure the 
     restoration and continued operation of the Hotel.
       The managers have included $2,000,000 for the Downeast 
     Heritage Center in Maine. This completes the Federal 
     commitment to this project. The managers have provided 
     $700,000 for restoration work at Fort Washington Park in 
     Maryland. The managers direct that the balance of the funds 
     to complete this project be provided from unobligated 2001 
     funds available to the park.
       Included in the conference report is $4,130,000 to complete 
     the Jacob Riis Park bathhouse facilities at Gateway NRA in 
     New York. The conference report includes $200,000 for a 
     feasibility study at Gateway NRA that should: (1) evaluate 
     the demand for a year-round swimming pool at Jacob Riis Park; 
     (2) determine the costs of constructing and operating such a 
     facility; (3) identify viable funding options for the project 
     (including concessions, third party contributions, 
     partnerships, leasing opportunities etc.); and (4) assess the 
     economic impact of alternative development sites at Riis 
     Park. The managers remind the Service that funding for the 
     feasibility study is not a commitment for future 
     construction.
       The managers have included $795,000 in planning for 
     improvements associated with the upcoming 400th anniversary 
     of the settlement at Jamestown, VA. These funds are to be 
     used to complete the development concept plan and 
     environmental impact statement initiated with funding 
     provided in fiscal year 2001, and to conduct planning for the 
     proposed collections storage building for the NPS collection 
     and the associated access road. None of the funds are to be 
     used to initiate planning associated with demolition or 
     rehabilitation of the existing visitor center nor with 
     planning for any other new facilities, which might be 
     envisioned for Jamestown. The Service should report to the 
     House and Senate Committees on Appropriations by April 1, 
     2002 on the private fundraising effort.
       The managers have included $500,000 for the planning and 
     design of a visitor learning center at Great Basin National 
     Park, NV. The total Federal share for the center is not to 
     exceed $4,200,000, including the planning and design funds.
       The conference report includes $1,500,000 for the 
     construction of the Morris Thomson Visitor and Native 
     Cultural Center in Alaska. It is the intent of the managers 
     that the National Park Service commitment to this project 
     will not exceed $10,000,000 including planning, construction, 
     furnishings and exhibits.
       The managers have included $600,000 to complete planning at 
     Morristown NHP in New Jersey. A total of $3,200,000 will be 
     required in fiscal year 2003 to complete the Federal share of 
     this project.
       Also included is $350,000 to develop a concept plan for the 
     National Center for the American Revolution. This funding is 
     not a guarantee of a future Federal commitment, and it is the 
     intent of the managers that the Center be mostly funded 
     through private sources.
       The $300,000 included for a Niagara River and Gorge special 
     resource study is subject to authorization. The managers have 
     included $5,000,000 for the Palace of the Governors. This 
     completes the Federal commitment to this project. The 
     conference agreement provides $3,062,000 to complete the 
     Shiloh NMP visitor facility.
       The conference agreement provides $1,000,000 for planning 
     the rehabilitation of Moton Field at the Tuskegee Airmen 
     National Historic Site. Before making these funds available 
     for obligation, the managers direct the Service to consult 
     with the House and Senate Committees on Appropriations in 
     order to define better the overall scope, cost and timing of 
     the project.
       The managers note that the $1,500,000 appropriation for 
     preservation of the barracks at the Vancouver National 
     Historic Reserve exceeds the currently authorized amount. 
     Further appropriations for this project will not be 
     considered unless the authorization is increased.
       The managers have included $250,000 to complete the 
     Wilson's Creek National Battlefield. This completes federal 
     funding for this project.
       The managers direct the National Park Service to contract 
     with the National Academy of Public Administration to conduct 
     a review of how effectively the Service has implemented the 
     recommendations of the Academy's 1998 report on reforms to 
     the Service's construction program, including the Denver 
     Service Center operations.
       The managers have consolidated the pre-design, 
     supplementary services, and planning activities into one 
     activity. The managers understand that the National Park 
     Service will still track spending in each of these categories 
     separately to ensure that the NAPA guidelines are followed. 
     This consolidation will not affect the planning requirements 
     of projects that will be worked on, but rather, contribute to 
     the appropriate accounting of funds in support of projects 
     appropriated or scheduled in the five year construction plan, 
     while allowing sufficient flexibility to direct funds to the 
     appropriate planning category.
       The managers urge the NPS to include sufficient funds in 
     the fiscal year 2003 budget request for necessary repairs and 
     improvement of facilities at the Wright Brothers National 
     Memorial in North Carolina in preparation for the First 
     Flight Centennial Celebration.
       Within the amount provided for Cuyahoga National Park, the 
     managers have provided $200,000 for a platform and station at 
     the south terminus of the Cuyahoga Valley Scenic Railroad. 
     Twenty-four miles of the railroad run through the national 
     park and addition of the platform and station will enhance 
     the experience of park visitors.


                    LAND AND WATER CONSERVATION FUND

                              (RESCISSION)

       The conference agreement rescinds the contract authority 
     provided for fiscal year 2002 by 16 U.S.C. 460l-10a as 
     proposed by both the House and the Senate.


                 LAND ACQUISITION AND STATE ASSISTANCE

       The conference agreement provides $274,117,000 for land 
     acquisition and State assistance instead of $261,036,000 as 
     proposed by the House and $287,036,000 as proposed by the 
     Senate. Funds should be distributed as follows:

        Area (State)                                             Amount
Adams National Historic Park (MA).............................2,000,000
Blue Ridge Parkway (NC/VA)....................................1,000,000
Brandywine Battlefield (PA)...................................1,500,000
Civil War Battlefields.......................................11,000,000
Cumberland Gap NHP (Fern Lake) (KY/VA)..........................500,000
Cumberland Gap NHP (KY/VA)......................................100,000
Cuyahoga Valley NP (OH).......................................1,000,000
Dayton Aviation Heritage NHP (OH)...............................750,000
Delaware Water Gap NRA (PA/NJ)..................................700,000
Denali NP & P (AK)............................................1,200,000
Ebey's Landing NHR (WA).......................................1,000,000
Everglades--Grant to the State of Florida....................15,000,000
Everglades--Modified Water Delivery Project..................16,000,000
Fort Smith NHS (AR/OK)..........................................850,000
Fort Sumter NM (SC)...........................................1,750,000
Fort Union Trading Post NHS (ND)................................100,000
Fredericksburg & Spotsylvania County Battlefields Memorial NMP2,000,000
Golden Gate NRA (Mori Point) (CA).............................2,500,000
Grand Teton NP (Resor Ranch) (WY).............................3,500,000
Great Sand Dunes NM&P (CO)....................................2,000,000
Greenbelt Park (Jaeger Tract) (MD)............................1,000,000
Guilford Courthouse NMP (NC)....................................800,000
Gulf Islands NS (Cat Island) (MS).............................9,000,000
Hawaii Volcanoes NP (HI)......................................6,000,000
Ice Age NST (WI)..............................................3,000,000
Indiana Dunes NL (IN).........................................2,000,000
Keweenaw NHP (MI)...............................................800,000
Lowell NHP (MA).................................................857,000
Mississippi NRRA (Riverview) (MN)...............................850,000
Moccasin Bend (Rock-Tenn and Serodino tracts) (TN)............1,000,000
Morristown NHS (NJ).............................................750,000
New River Gorge NR (WV).......................................6,800,000
Nez Perce NHP (Canoe Camp and Weippe Prairie) (ID)............1,500,000
Olympic NP (WA)...............................................1,210,000
Puuhonua O Honaunau NHP (HI)....................................500,000
Saguaro NP (AZ)...............................................4,000,000
Sand Creek Massacre NHS (CO)....................................800,000
Santa Monica Mtns. NRA (Upper Ramirez Canyon) (CA)............1,000,000
Shenandoah Valley Battlefields NHD (VA).......................1,200,000
Sleeping Bear Dunes NL (MI)...................................1,100,000
Timucuan Ecological and Historic Preserve (FL)................1,000,000
Vicksburg NMP (Pemberton HQ) (MS)...............................500,000
                                                       ________________
                                                       
    Subtotal................................................110,117,000
Emergency & Hardship..........................................4,000,000
Inholdings & Exchanges........................................4,000,000
Acquisition Management.......................................12,000,000
Stateside Grants............................................140,000,000
Administrative Assistance to States...........................4,000,000
                                                       ________________
                                                       
    Total...................................................274,117,000


[[Page H6534]]


       The managers agree to the following revision to the 
     reprogramming guidelines for the National Park Service only. 
     Lands shall not be acquired for more than the approved 
     appraised value (as addressed in section 301(3) of Public Law 
     91-646) except for condemnations and declarations of taking 
     and tracts with an appraised value of $500,000 or less, 
     unless such acquisitions are submitted to the Committees on 
     Appropriations for approval in compliance with established 
     procedures.
       The managers have not provided funding for Fuez 
     conservation easements at the Grand Teton NP, as proposed by 
     the Senate. Instead, the managers have provided funding for 
     the Fuez conservation easements in the Forest Service land 
     acquisition account under the Bridger-Teton NF.
       The managers have provided $1,200,000 for the acquisition 
     of the Weiler property at Denali NP. The National Park 
     Service is directed to use the Bureau of Land Management as 
     the appraiser of the property. The appraisal shall take into 
     consideration the value of surface and subsurface rights, 
     mineral rights, and any other development rights attendant 
     with the property in accordance with applicable appraisal 
     standards.
       The funds included for Cumberland Gap NHP (Fern Lake), 
     Moccasion Bend NHS, Puuhonua o Honaunau NHP and Vicksburg NMP 
     are subject to authorization.
       The conference agreement provides $1,000,000 for the Ebey's 
     Landing National Historical Reserve. The managers direct that 
     this sum, together with any unexpended funds from the fiscal 
     year 2001 appropriation for Ebey's Landing, shall first be 
     used to complete the purchase of the Pratt Estate properties. 
     If any funds remain after the Pratt Estate properties have 
     been acquired by the National Park Service, they may be used 
     for acquisition of such other properties as the Service finds 
     desirable.
       The funds included for Greenbelt Park are subject to a non-
     Federal match.
       The managers direct that $400,000 of the unobligated 
     $2,400,000 currently available at the Petroglyph NM be used 
     to conduct a boundary survey of that monument. The managers 
     understand that this may ultimately mean that additional 
     funds are required to complete acquisitions at Petroglyph NM.


                       administrative provisions

       The managers have agreed to language contained in the House 
     bill, which allows the Service to convey a leasehold or 
     freehold interest in Cuyahoga NP, OH to allow for the 
     development of utilities and parking needed by Everett Church 
     within the national park.

                    United States Geological Survey


                 surveys, investigations, and research

       The conference agreement provides $914,002,000 for surveys, 
     investigations, and research instead of $900,489,000 as 
     proposed by the House and $892,474,000 as proposed by the 
     Senate. Within this amount, $25,000,000 is from the 
     conservation spending category.
       Changes to the House for the national mapping programs 
     include increases of $3,000,000 for Landsat 5 operations, 
     $300,000 for the civil applications program, and $300,000 for 
     urban dynamics, and a decrease of $996,000 for internet 
     access.
       Changes to the House for geology programs include increases 
     of $1,000,000 for volcanic hazard equipment in Shemya, 
     Alaska, $1,500,000 for the minerals at risk program, $500,000 
     for coastal erosion in North Carolina, $500,000 for land 
     subsidence in Louisiana, $299,000 for Lake Mead studies, 
     $450,000 for geologic mapping for Lake Mojave, and $474,000 
     for Yukon Flats geology surveys, and a decrease of $100,000 
     for the advanced seismic network.
       Changes to the House for water resources include increases 
     of $200,000 for a Berkley Pit study in Montana, $299,000 for 
     the Lake Champlain toxic study, $499,000 for Hawaiian water 
     monitoring, $5,000 for the Southern Maryland aquifer study, 
     and $195,000 for the Noyes Slough study in Alaska, and 
     decreases of $596,000 for the National Water Quality 
     Assessment program, and $296,000 for water information and 
     delivery.
       The managers concur with the House direction to contract 
     with the National Academy of Sciences to examine water 
     resources research funded by all Federal agencies and by 
     significant non-Federal organizations. Based on information 
     that the managers have received, it appears that water 
     resources research is not well coordinated. The managers 
     therefore direct that the Academy primarily consider the 
     level and allocation of resources that are currently deployed 
     in water research programs, both Federal and non-Federal, and 
     provide recommendations for a national research program that 
     maximizes the efficiency and effectiveness of existing 
     programs. While the primary focus of this study deals with 
     the existing research agenda, the managers would like an 
     answer to the question of whether the Nation is making an 
     adequate level of investment in water resources research.
       Increases above the House for biological research include 
     $400,000 for the Leetown science center, $300,000 for the 
     Columbia environmental research center for pallid sturgeon 
     studies, $250,000 for Chesapeake Bay terrapin research, 
     $500,000 for a NBII Hawaii node, $180,000 for a Yukon River 
     chum salmon study, $500,000 for biological information 
     management and delivery, $50,000 for an Atlantic Salmon 
     restoration study at the Tunison laboratory, and $748,000 for 
     the continuation of the Mark Twain National Forest mining 
     study to be accomplished in cooperation with the water 
     resources division and the Forest Service.
       Changes to the House for facilities include increases of 
     $2,000,000 for phase one of the Leetown research center 
     expansion, and $2,250,000 for the Center for Coastal Geology 
     in Florida, and decreases of $300,000 for Leetown research 
     center design and $898,000 for uncontrollable costs.
       The funding provided for the construction of the Center for 
     Coastal Geology in St. Petersburg, Florida is for a 
     cooperative effort between the Survey and the St. Petersburg 
     Downtown Partnership. The Partnership is providing a two-to-
     one match for the costs of constructing this science 
     facility.

                      Minerals Management Service


                royalty and offshore minerals management

       The conference agreement provides $150,667,000 for royalty 
     and offshore minerals management instead of $149,867,000 as 
     proposed by the House and $151,933,000 as proposed by the 
     Senate.
       Changes to the House for royalty and offshore minerals 
     management include increases of $800,000 for the Center for 
     Marine Resources, and $800,000 for the Marine Mineral 
     Technology Center in Alaska, and a decrease of $800,000 as a 
     transfer to the Inspector General for Bureau audits.
       The managers have again provided $1,400,000 to the Offshore 
     Technology Research Center to perform research for MMS 
     through the cooperative agreement dated June 18, 1999.
       The managers have agreed to the Senate proposed language 
     for the royalty-in-kind program instead of the House 
     language. The House language requiring that revenues be equal 
     to or greater than royalty-in-value as determined by the 
     regulations of March 15, 2000 has been dropped.


                           oil spill research

       The conference agreement provides $6,105,000 for oil spill 
     research as proposed by the House instead of $6,118,000 as 
     proposed by the Senate.

          Office of Surface Mining Reclamation and Enforcement


                       regulation and technology

       The conference agreement provides $102,800,000 for 
     regulation and technology instead of $102,900,000 as proposed 
     by the House and $102,144,000 as proposed by the Senate. 
     Funding for the activities should follow the House 
     recommendation except that the conference agreement reduces 
     executive direction funding by $100,000 as proposed by the 
     Senate; this transfers funds for external audits to the 
     Inspector General's office. The Senate proposal to include 
     $98,000 for fixed costs is not included. An additional 
     $275,000 is estimated to be available for use from 
     performance bond forfeitures.


                    abandoned mine reclamation fund

       The conference agreement provides $203,455,000 for the 
     abandoned mine reclamation fund instead of $203,554,000 as 
     proposed by the House and $203,171,000 as proposed by the 
     Senate. Funding for the activities should follow the House 
     recommendation except that the conference agreement reduces 
     executive direction funding by $99,000 as proposed by the 
     Senate; this transfers funds for external audits to the 
     Inspector General's office. The Senate proposal to include 
     $57,000 for fixed costs is not included. The managers have 
     also included the House proposed bill language for minimum 
     program States and the Senate proposed bill language 
     continuing language carried in previous years dealing with 
     certain aspects of the State of Maryland program.

                        Bureau of Indian Affairs


                      operation of indian programs

       The conference agreement provides $1,799,809,000 for the 
     operation of Indian programs instead of $1,790,781,000 as 
     proposed by the House and $1,804,322,000 as proposed by the 
     Senate.
       There is a decrease below the House for tribal priority 
     allocations of $1,675,000 for self-governance compacts.
       Changes to the House level for other recurring programs 
     include increases of $2,000,000 for tribally controlled 
     community colleges, $500,000 for Washington shellfish, and 
     $150,000 for the Nez Perce rare species program, and a 
     decrease of $45,000 for tribal management and development 
     programs. None of the funds for Washington shellfish can be 
     used to support access onto private lands by tribal fishers 
     for their harvest purposes.
       Increases above the House for non-recurring programs 
     include $1,700,000 for the distance learning program in 
     Montana, $500,000 for the Cheiron Foundation physician 
     training program for rural and underserved education and 
     outreach, $500,000 for a rural Alaska fire program, $350,000 
     for oil and gas permitting for the Uintah and Ouray agency, 
     $400,000 for the tribal guiding program in Alaska, $326,000 
     for Cheyenne River Sioux prairie management, and $146,000 for 
     Alaska legal services.
       The managers believe that the aim of the Cheiron Foundation 
     to utilize distance learning technology to train physicians' 
     assistants and nurses to serve Native American communities is 
     extremely promising. The managers expect the Foundation to 
     focus the funding provided from this account on the aspects 
     of the project that will bring the most benefit to Native 
     American students and tribal communities, while pursuing 
     other sources of funding to enhance the overall project.

[[Page H6535]]

       There is an increase above the House for central office 
     operations of $1,000 for general administration/policy.
       Increases above the House for special programs and pooled 
     overhead include $250,000 for enhancements to the Pomo Indian 
     exhibits at the Grace Hudson Museum in Ukiah, California, 
     $250,000 for the Alaska market access program, $509,000 for 
     the United Tribes Technical College, $250,000 for the United 
     Sioux Tribe Development Corporation, $100,000 for the Ponca 
     Tribe development plan, $1,200,000 for the Crownpoint 
     Institute, $1,000,000 for the Yuut Elitnauviate, and 
     $1,000,000 for an Alaska native aviation training program. 
     The Bureau is directed to report to the Committees regularly 
     regarding the expenditure of the funds provided for the 
     native aviation training program and development of the 
     program, including the partners involved, the number of 
     pilots to be trained, out-year financing alternatives and 
     other pertinent information.
       The managers are concerned that the Bureau has shown little 
     progress in addressing the land issues of the Canoncito Band 
     of Navajos. The managers direct the Bureau to accelerate its 
     efforts to open, at least, a part time office at Canoncito, 
     New Mexico.


                              construction

       The conference agreement provides $357,132,000 for 
     construction as proposed by the House instead of $360,132,000 
     as proposed by the Senate. The managers have not provided 
     $3,000,000 for the tribal school construction demonstration 
     program as proposed by the Senate. The managers support the 
     goal of this demonstration program and have been approached 
     by a number of tribes regarding additional funding following 
     the demonstration's success in removing schools from the BIA 
     priority list. While budgetary constraints have forced the 
     managers to adopt the House proposal, the managers recommend 
     that the Bureau of Indian Affairs continue the demonstration 
     project as part of the President's fiscal year 2003 budget 
     request.


 indian land and water claim settlements and miscellaneous payments to 
                                indians

       The conference agreement provides $60,949,000 for Indian 
     land and water claim settlements and miscellaneous payments 
     to Indians as proposed by the House and the Senate.


                 indian guaranteed loan program account

       The conference agreement provides $4,986,000 for the Indian 
     guaranteed loan program as proposed by the House and the 
     Senate.

                          Departmental Offices


                            insular affairs

                       assistance to territories

       The conference agreement provides $78,950,000 for 
     assistance to territories instead of $72,289,000 as proposed 
     by the House and $76,450,000 as proposed by the Senate. The 
     managers have agreed to Compact impact assistance funding 
     increases above the levels proposed by the House of 
     $4,000,000 for Hawaii and $1,000,000 each for Guam and the 
     Commonwealth of the Northern Mariana Islands. The managers 
     acknowledge the May 30, 2001, letter and report by the 
     Secretary of the Interior concerning compact impact and 
     therefore the Administration is encouraged to see that 
     negotiations on the continuation of the Compacts are 
     concluded in a timely fashion and to provide for future 
     compact impact payments out of the available mandatory 
     compact payments. The managers agree that the Secretary 
     should ensure that representatives of Hawaii are consulted 
     during the upcoming Compact renegotiations process so the 
     impact to Hawaii of mitigating citizens from the freely 
     associated states is appropriately considered. The 
     conference agreement also includes the $200,000 for a 
     utility privatization study in the U.S. Virgin Islands as 
     proposed by the House, and the full funding level and bill 
     language proposed by the Senate for the U.S. Virgin 
     Islands FEMA loan repayment. The conference agreement 
     retains the House proposed bill language concerning 
     compensation for American Samoa High Court Justices and 
     the House proposed report language concerning potential 
     withholding of American Samoa operations funding.


                      compact of free association

       The conference agreement provides $23,245,000 for the 
     Compact of Free Association as proposed by both the House and 
     the Senate.

                        Departmental Management


                         salaries and expenses

       The conference agreement provides $67,741,000 for salaries 
     and expenses for departmental management, instead of 
     $55,177,000 as proposed by the House and $67,541,000 as 
     proposed by the Senate. Funds should be distributed as 
     follows:

Departmental direction......................................$12,964,000
Management and coordination..................................24,905,000
Hearings and appeals..........................................8,559,000
Central services.............................................20,425,000
Bureau of Mines workers compensation/unemployment...............888,000
                                                       ________________
                                                       
    Total....................................................67,741,000

       The managers concur with the concerns expressed in the 
     Senate report regarding the capability, capacity, accuracy 
     and security of departmental information systems. The 
     managers are particularly concerned about information 
     security weaknesses that have been identified by both the 
     Inspector General and the General Accounting Office, and 
     believe the Department should take immediate steps to address 
     these weaknesses. The most efficient and effective means of 
     improving information security will likely be through 
     department-wide solutions, but individual program managers 
     should also work in conjunction with the Department's Chief 
     Information Officer to develop short and long term plans to 
     address vulnerabilities that have been identified. Program 
     managers must also be held accountable for ensuring that 
     computer security is adequately implemented within their 
     areas of responsibility. Methods to establish this 
     accountability should include performance reviews, 
     administrative sanctions for non-compliance, or adjustments 
     in program funding if necessary.
       The managers direct the Department of the Interior to study 
     the viability of establishing an Enterprise Management Center 
     to facilitate the Department's objective for budget and 
     performance integration using financial information 
     technology within the bureaus. As part of the review, the 
     Department should consider which bureaus might benefit from 
     being part of an initial pilot project. The managers expect 
     this report to be forwarded to the House and Senate 
     Committees on Appropriations by March 1, 2002.
       The managers note that they have received numerous budget 
     requests and reprogramming requests from the Federal land 
     management agencies to purchase updated wireless 
     communication infrastructure. In light of the Federal 
     Communication Commission's ongoing review of spectrum 
     allocations for wireless technologies, and the Government 
     Accounting Office's current compilation of information for 
     reports to Congress on this subject, the managers are 
     concerned that substantial investments in wireless 
     technologies may become obsolete due to imminent policy 
     decisions regarding spectrum reallocation. The managers urge 
     the agencies, whenever possible, to purchase equipment that 
     can be reprogrammed to meet future spectrum allocations, and 
     to purchase equipment that does not interfere with current 
     emergency radio and GPS based systems.

                        Office of the Solicitor


                         salaries and expenses

       The conference agreement provides $45,000,000 for salaries 
     and expenses of the Office of the Solicitor as proposed by 
     the House instead of $44,074,000 as proposed by the Senate. 
     Funds should be distributed as follows:

Legal services..............................................$37,276,000
General administration........................................7,724,000
    Total....................................................45,000,000

                      Office of Inspector General


                         salaries and expenses

       The conference agreement provides $34,302,000 as proposed 
     by the Senate instead of $30,490,000 as proposed by the 
     House. Funds should be distributed as follows:

Audit.......................................................$18,680,000
Investigations................................................6,763,000
Policy & Management...........................................7,402,000
Program Integrity.............................................1,457,000
                                                       ________________
                                                       
    Total....................................................34,302,000

             Office of Special Trustee for American Indians


                         FEDERAL TRUST PROGRAMS

       The conference agreement provides $99,224,000 for Federal 
     trust programs as proposed by the House and Senate.
       The managers wish to clarify the language included in the 
     House report with respect to funding for an historical 
     accounting. The managers note that both the House and Senate 
     have provided the funds requested by the Administration for 
     an historical accounting. However, the managers remain very 
     concerned about the costs associated with such an accounting. 
     Therefore, these funds may not be allocated prior to the 
     report requested by the Committees detailing the methods and 
     costs associated with an historical accounting.
       The managers reiterate the position that they will not 
     appropriate hundreds of millions of dollars for an historical 
     accounting that provides funds for a protracted 
     reconciliation process whose outcome is unlikely to be 
     successful. If the Department, working with the plaintiffs 
     and the Court, cannot find a cost effective method for an 
     historical accounting, the Congress may have to consider a 
     legislative remedy to resolve this and other litigation 
     related issues.


                       INDIAN LAND CONSOLIDATION

       The conference agreement provides $10,980,000 for Indian 
     land consolidation programs as proposed by the House and the 
     Senate.

           Natural Resource Damage Assessment and Restoration


                NATURAL RESOURCE DAMAGE ASSESSMENT FUND

       The conference agreement provides $5,497,000 for the 
     natural resource damage assessment fund as proposed by the 
     House instead of $5,872,000 as proposed by the Senate. The 
     managers agree that, to the extent a national data management 
     system is needed, funding for such a system should be 
     addressed within the context of the fiscal year 2003 budget.

             General Provisions, Department of the Interior

[[Page H6536]]

       The conference agreement includes sections 101, 103 through 
     106, and 108 through 111, which were identical in both the 
     House and the Senate bills.
       The conference agreement includes sections 113, 115, 116, 
     118, 121, 122, 123, 124, 125, and 126, which contained 
     identical text in both the House and Senate bills, but the 
     section numbers were different in the Senate bill.
       Section 102 retains the text of section 102 as proposed by 
     the Senate. Section 102 as proposed by the House had 
     identical language as the Senate except for a grammatical 
     difference of not spelling out ``thirty days''.
       Section 107 retains the text of Senate section 107, which 
     prohibits the Department of the Interior from using funds to 
     conduct offshore preleasing, leasing and related activities 
     in those areas under the June 12, 1998, moratorium. House 
     section 107 had identical language except for omitting the 
     term ``preleasing''.
       Section 112 retains the language of House section 112 that 
     prohibits the National Park Service from developing a reduced 
     entrance fee program to accommodate non-local travel through 
     a unit of the Park system. The Senate had no similar 
     provision.
       Section 114 modifies language proposed by the House and by 
     the Senate (in section 113 of the Senate bill) dealing with 
     grazing on BLM lands. The modification extends traditional 
     grazing use on Federal lands managed by the National Park 
     Service at Lake Roosevelt National Recreation Area in eastern 
     Washington.
       Section 117 retains the language of House section 117 
     continuing a provision carried in previous years placing a 
     limitation on establishment of a Kankakee NWR in Indiana and 
     Illinois that is inconsistent with the U.S. Army Corp of 
     Engineers' efforts to control flooding and siltation. The 
     Senate had no similar provision. The managers understand that 
     this issue will be resolved shortly and this provision will 
     not be carried in future years.
       Section 119 retains the text of House section 119, which 
     provides for the protection of lands at Huron Cemetery, KS. 
     Section 117 as proposed by the Senate has identical text, 
     with the exception of a difference in the use of punctuation.
       Section 120 retains the text of section 120 as proposed by 
     the House which continues a provision carried last year 
     prohibiting the study or implementation of a plan to drain 
     Lake Powell, or to reduce the water below that required to 
     operate Glen Canyon Dam. The Senate had no similar provision.
       Section 127 retains the text of section 124 as proposed by 
     the Senate, which authorizes the Secretary of the Interior to 
     use helicopters or motor vehicles to capture and transport 
     horses and burros at the Sheldon and Hart NWRs. The House had 
     no similar provision.
       Section 128 modifies the text of section 126 as proposed by 
     the Senate clarifying that the lands taken into trust for the 
     Lytton Rancheria of California are still subject to all of 
     the provisions of Public Law 100-497 and, in particular with 
     respect to Class III gaming, the compact provisions of 
     section 2710(d) or any relevant Class III gaming procedures. 
     The managers further recognize that nothing in section 819 of 
     Public Law 106-568 should be construed as permitting off 
     reservation gaming by Indian tribes except in compliance with 
     all relevant provisions of Public Law 100-497.
       Section 129 retains the text of section 127 as proposed by 
     the Senate, which renames Moore's Landing at the Cape Romain 
     NWR in South Carolina as ``Garris Landing.'' The House had no 
     similar provision.
       Section 130 makes technical modifications to language 
     proposed by the Senate in section 130 regarding cruise ship 
     entries at Glacier Bay National Park and Preserve.
       Section 131 retains the text of Senate section 131, which 
     prevents the use of funds for the transfer of land on South 
     Fox Island, Michigan without Congressional approval. The 
     House had no similar provision. This section allows the 
     Department of the Interior to continue working on processes 
     pursuant to NEPA, including preparation of an EIS on the 
     proposed land exchange, analysis of the State's proposal and 
     a range of alternatives, and consideration of public input. 
     Absent a showing that the agencies have not complied with 
     NEPA, the managers, at this time, do not intend to include 
     this or similar restrictions next year. This language affects 
     current regulatory and legal processes, which are sufficient 
     to protect the environment and the public's interests, by 
     unnecessarily preventing the U.S. Fish and Wildlife Service 
     and the National Park Service from releasing a record of 
     decision on the proposed land exchange until Congress passes 
     a law authorizing the exchange.
       Section 132 includes language, agreed to in previous years, 
     authorizing the transfer of Federal land acquisition funds 
     for Brandywine Battlefield, Mississippi National River and 
     Recreational Area, Shenandoah Valley National Historic 
     District, and Ice Age National Scenic Trail.
       Section 133 makes a technical change to Public Law 106-568 
     regarding land transfer boundaries.
       Section 134 clarifies that the Secretary of the Interior 
     has the authority to determine whether Indian lands 
     constitute a reservation. Nothing in this section shall be 
     construed to permit gaming on the lands described in section 
     123 of Public Law 106-291.
       Section 135 makes a technical correction to the Black Rock 
     Desert-High Rock Canyon Emigrant Trails National Conservation 
     Area Act, Public Law 106-554.
       The conference agreement does not include language proposed 
     by the Senate in section 125 permitting the transfer of funds 
     between State grant programs managed by the U.S. Fish and 
     Wildlife Service and the National Park Service.
       The conference agreement does not include the text of 
     Senate section 128, which prevents the use of funds for 
     mineral leasing and related activities in national monuments. 
     This issue is addressed in Title III where the House language 
     addressing this issue is retained.
       The conference agreement does not include language proposed 
     by the Senate in section 129 that would have expanded the 
     special resource study area for Loess Hills in Iowa, or in 
     section 132 dealing with the Pechanga Band of Indians, or in 
     section 133 regarding Coastal Impact Assistance.

                       TITLE II--RELATED AGENCIES

                       Department of Agriculture

                             Forest Service


                     FOREST AND RANGELAND RESEARCH

       The conference agreement provides $241,304,000 for forest 
     and rangeland research instead of $236,979,000 as proposed by 
     the House and $242,822,000 as proposed by the Senate. Changes 
     from the House bill include $475,000 for the Forest Products 
     Lab lumber salvage research, WI, $500,000 for the Center for 
     Bottomlands research, MS, $175,000 for applied research in 
     the hardwood region of Pennsylvania and nearby areas, and 
     $4,000,000 for Forest Inventory and Analysis (FIA). The 
     conference agreement does not include the House proposed 
     increase of $1,250,000 above the request for FIA and the 
     managers agree that the Forest Service should not follow the 
     House report instructions concerning the FIA program under 
     this heading or under the national forest system heading. The 
     conference agreement does not include the Senate proposal to 
     add funds for fixed costs but it does include the Senate 
     proposed general reduction below the House of $175,000. The 
     conference agreement includes the House proposed increases 
     for Bent Creek, NC, urban forestry research at Syracuse, NY, 
     and Davis, CA, and Coweeta watershed research, NC. The 
     conference agreement provides that the Northeastern States 
     Research Cooperative, as authorized in Public Law 105-185, 
     receive $2,000,000, $600,000 above the request. Of this 
     amount, $1,000,000 should go to ecosystem research at the 
     Hubbard Brook Project of the Forest Service Northeastern 
     research station, NH, and $1,000,000 should go to the Vermont 
     George Aiken School of Natural Resources for collaborative 
     research with Forest Service scientists and other cooperators 
     on economic development, forest management, and forest 
     product research. The managers direct the Forest Service to 
     maintain the research related presence at the former 
     Intermountain Research Station at, or above, the current 
     level, including the position of Assistant Station Director.


                       STATE AND PRIVATE FORESTRY

       The conference agreement provides $291,221,000 for State 
     and private forestry instead of $277,771,000 as proposed by 
     the House and $287,331,000 as proposed by the Senate. These 
     funds include $101,000,000 within the conservation spending 
     category for forest legacy, and urban and community forestry 
     as proposed by the Senate instead of $104,000,000 as proposed 
     by the House.
       The conference agreement provides $43,304,000 for Federal 
     lands forest health management as proposed by the House, 
     $25,000,000 for cooperative lands forest health management as 
     proposed by the Senate, $25,310,000 for State fire assistance 
     as proposed by the House, and $5,053,000 for volunteer fire 
     assistance as proposed by both the House and the Senate. The 
     conference agreement also includes additional funds for State 
     fire and volunteer fire assistance as part of the national 
     fire plan funding within the wildland fire management 
     account.
       The conference agreement includes $33,171,000 for forest 
     stewardship instead of $32,941,000 as proposed by the House 
     and $33,268,000 as proposed by the Senate. The only change 
     from the House proposal for forest stewardship is the 
     addition of $230,000 for the Chesapeake Bay program as 
     proposed by the Senate. The conference agreement also 
     includes $3,000,000 for the stewardship incentives program 
     instead of $8,000,000 as proposed by the House. This 
     allocation is not derived from the conservation spending 
     category as proposed by the House. The managers direct the 
     Forest Service to target the stewardship incentives program 
     funds for non-Federal forestlands impacted by, or at 
     immediate risk from, major forest pests such as gypsy moth 
     and the southern pine beetle. The managers intend the 
     stewardship incentives program to be administered by the 
     Forest Service with cost-share payments to landowners to be 
     provided by the State foresters or an equivalent State 
     official.
       The conference agreement includes $65,000,000 for the 
     forest legacy program as proposed by the Senate instead of 
     $60,000,000 as proposed by the House. This allocation is 
     derived from the conservation spending category. The 
     conference agreement provides specific funding levels for 
     high priority projects and also provides $22,135,000 for the 
     Forest Service to allocate to other projects and to cover the 
     costs of Forest Service technical assistance, program 
     administration, and State needs assessments and planning. The 
     conference agreement has modified bill language proposed by 
     the House and the Senate concerning approval of the Forest 
     Service project selection. The conference agreement now 
     requires the Forest Service to notify the House and Senate 
     Committees on

[[Page H6537]]

     Appropriations in advance of undertaking specific forest 
     legacy projects. The managers note the recent revision to the 
     Puerto Rico forest legacy program standards and accordingly 
     direct the Forest Service not to follow the House direction 
     concerning this program in Puerto Rico. The conference 
     agreement includes the following distribution of funds for 
     the forest legacy program:

        Project/State                                        Conference
Adirondack Lakes, NY.........................................$2,000,000
Anderson-Tully, TN............................................3,500,000
Bar-J tract, phase III, UT......................................780,000
Castle Rock, UT...............................................1,000,000
Catawba-Wateree Forest, SC....................................2,950,000
Chateaugay, VT..................................................500,000
Coastal Forest ecosystem restoration, SC........................650,000
Connecticut Lakes, NH.........................................3,600,000
Howe Creek Ranch, CA............................................500,000
Kimball Pond, NH................................................700,000
McCandless Ranch, HI..........................................1,000,000
Melvin Valley, NH...............................................500,000
Mt. Washington, Hi-Rock Camp, MA................................500,000
Nanejoy, MD.....................................................450,000
NJ Highlands, Newark watershed, NJ............................5,000,000
North Chickamauga, TN...........................................500,000
NY City watershed, NY...........................................500,000
Range Creek Headwaters, UT......................................500,000
Thompson-Fisher phase II, MT..................................7,000,000
TN River Gorge, Cummings Cove, TN.............................1,000,000
TN small projects, TN...........................................135,000
Tomahawk Northwoods phase II, WI..............................4,000,000
Treetops, CT..................................................1,000,000
Tumbledown/Mt. Blue, ME.........................................600,000
West Branch phase II, ME......................................4,000,000
                                                       ________________
                                                       
    Project subtotal.........................................42,865,000
Unallocated projects & administration........................22,135,000
                                                       ________________
                                                       
    Total Forest Legacy......................................65,000,000

       The conference agreement includes $36,000,000 for the urban 
     and community forestry program as proposed by both the House 
     and the Senate. This allocation is derived from the 
     conservation spending category. The managers agree to the 
     House proposal for this activity plus $50,000 for the West 
     Virginia partnership coordinator, $350,000 for the Chicago, 
     IL wilderness program, and $200,000 for the Cook County 
     forest preserve, IL. The managers agree to the Senate 
     proposed $600,000 general decrease. The managers are aware of 
     Treepeople's proposed Center for Community Forestry in Los 
     Angeles, CA, and its value as a national resource. The 
     managers encourage the Forest Service to consider supporting 
     this important urban forestry program. The managers encourage 
     the Forest Service to participate in developing living 
     memorials using trees that will recognize the tragic losses 
     that occurred on September 11, 2001 in New York City, the 
     Pentagon area, and southwest Pennsylvania.
       The conference agreement includes the following 
     distribution of funds for the economic action programs:

        Program or project                                   Conference
Economic Recovery program:
  Economic recovery base program.............................$3,685,000
  Overhill regional economic development, TN....................200,000
  Graham & Swain Counties, NC....................................75,000
                                                       ________________
                                                       
    Total economic recovery...................................3,960,000
                                                       ================

Rural development program:
  Rural development base program..............................2,400,000
  NE & Midwest allocation.....................................2,500,000
  N Rockies Heritage Center, MT.................................350,000
  Four Corners Sustainable Forestry...........................1,000,000
  Hawaii forestry initiative....................................200,000
  NY City watershed rural development...........................300,000
  NY City watershed enhancement.................................500,000
  Kiski Basin economic development, PA..........................200,000
                                                       ________________
                                                       
    Total rural development...................................7,450,000
                                                       ================

Forest products conservation & recycling program..............1,300,000
Small diameter initiative.....................................2,000,000
Wood in transportation program................................1,920,000
                                                       ================

    Programs total...........................................16,630,000
                                                       ================

Special projects:
  Wood Education & Resource Center, WV........................2,700,000
  Lake Tahoe erosion control grants, CA NV....................3,500,000
  Cradle of forestry conservation education, NC.................250,000
  KY mine waste reforestation.................................1,000,000
  Envir. Sci. & Public Policy Research Inst., ID................250,000
  Kake Land Exchange, AK......................................4,500,000
  Ketchikan Public Utilities, right-of-way clear, AK..........2,500,000
  Kilns in SE and SC Alaska...................................2,000,000
  Navaho County, AZ biomass energy..............................350,000
  Tillamook State Forest Interpretive Center, OR................500,000
  South Lake Tahoe MTBE study...................................500,000
  Cordova visitor center, AK....................................300,000
  Allegheny NF area tourism, PA.................................200,000
  State of Alaska expedited envir. studies......................500,000
                                                       ________________
                                                       
    Total special projects...................................18,850,000
                                                       ================

    Total Economic Action Programs...........................35,680,000

       The conference agreement includes the bill language 
     proposed by the Senate concerning a direct lump sum payment 
     to the Kake Tribal Corporation, AK, but the funding total is 
     $4,500,000. The managers understand that this is the final 
     year of funding for kilns in Alaska. The Forest Service shall 
     follow Senate instructions concerning the distribution of 
     funds for the Ketchikan public utilities right-of-way 
     clearing project. The managers have provided $500,000 for 
     the Tahoe Regional Planning Authority and the South Lake 
     Tahoe public utility to conduct the study of MTBE 
     contamination authorized in the Lake Tahoe Restoration 
     Act. The managers stress that subsequent funding to remedy 
     this MTBE problem is not authorized by that Act and must 
     come from sources other than Interior and related agencies 
     appropriations acts, such as within the Environmental 
     Protection Agency funding. The Cradle of Forestry 
     conservation education funds include $100,000 for 
     activities at the Cradle of Forestry in America in the 
     Pisgah National Forest and $150,000 for the Education and 
     Research Consortium of North Carolina to continue its 
     cooperative environmental education activities with the 
     Cradle of Forestry in the Pisgah National Forest.
       The conference agreement includes $9,425,000 for Pacific 
     Northwest Assistance instead of $9,200,000 as proposed by the 
     House and $9,625,000 as proposed by the Senate. This funding 
     includes House-proposed allocations plus an additional 
     $225,000 for the base program. The conference agreement 
     includes $5,015,000 for forest resource information and 
     analysis as proposed by the Senate; the Forest Service should 
     follow Senate directions concerning this program. The 
     conference agreement also includes $5,263,000 for the 
     international forestry program.


                         national forest system

       The conference agreement provides $1,331,439,000 for the 
     National forest system instead of $1,320,445,000 as proposed 
     by the House and $1,324,491,000 as proposed by the Senate. 
     Funds should be distributed as follows:

Land management planning....................................$70,358,000
Inventory and monitoring....................................173,266,000
Recreation, heritage & wilderness...........................245,500,000
Wildlife & fish habitat management..........................131,847,000
Grazing management...........................................34,775,000
Forest products.............................................266,340,000
Vegetation & watershed management...........................190,113,000
Minerals and geology management..............................48,956,000
Landownership management.....................................88,434,000
Law enforcement operations...................................79,000,000
Valles Caldera National Preserve, NM..........................2,800,000
                                                       ________________
                                                       
    Total.................................................1,331,439,000

       The following discussion describes funding changes from the 
     House passed bill. The inventory and monitoring activity does 
     not include the funding for the Lake Tahoe basin watershed 
     assessment. The wildlife and fish habitat management activity 
     does not include any funds, as proposed by the Senate, for 
     the State of Alaska to conduct monitoring on the Tongass 
     National Forest. The recreation, heritage and wilderness 
     activity has a general program increase of $3,500,000 and it 
     does not include a special allocation for the fee demo 
     program revolving account, although this could be pursued at 
     agency discretion. Funds for national scenic trails 
     operations and Pacific Crest Trail maintenance are not 
     included in the recreation activity but have been transferred 
     to the capital improvement and maintenance appropriation 
     account. Wildlife and fish habitat management includes 
     $200,000 for work on the Batten Kill River, VT as proposed by 
     the Senate and a general program reduction of $400,000. The 
     grazing management activity is funded at the Senate proposed 
     level. Changes from the House in the vegetation and watershed 
     management activity include, for the Lake Tahoe basin, 
     increases of $150,000 for watershed improvement activities, 
     $400,000 for adaptive management, and $450,000 for the

[[Page H6538]]

     management of urban lots. The managers allow the Forest 
     Service, upon notification of the House and Senate Committees 
     on Appropriations, to reprogram national forest system funds 
     within the Lake Tahoe basin.
       The conference agreement also includes $200,000 for Dakota 
     Prairie grasslands weed control. The Forest Service should 
     maintain the noxious weed program at the Okanogan National 
     Forest, WA, at $300,000 as in fiscal year 2001. The managers 
     revise the House direction concerning the full time lands 
     team working on the Pacific Crest Trail to direct the full 
     time team to continue its functions but allow work on other 
     high priority land projects as well as the Pacific Crest 
     Trail. Funding for the law enforcement activity includes a 
     general increase of $2,000,000. The managers have not agreed 
     to the Senate proposal to provide $200,000 for the Southwest 
     strategy. The managers direct the report required by both the 
     House and the Senate concerning the budget formulation and 
     execution system be due March 15, 2002.
       The managers direct the Forest Service, in their completion 
     of the Chugach National Forest and land resource management 
     plan, to analyze the impact that restrictions proposed within 
     the plan regarding mechanical fuel treatments and forest 
     access will have on the level of prescribed burning and the 
     implementation of the national fire plan on the Chugach 
     National Forest. The managers direct that this analysis be 
     completed before the release of the Chugach forest plan and 
     that it shall be included in the plan.
       The managers understand that the budget request for land 
     management planning included $2,500,000 for the Chippewa and 
     Superior National Forests, MN, to continue work on forest 
     plans. The managers expect such funds shall be used to 
     continue work in an expeditious manner.
       Funding for the newly established Valles Caldera National 
     Preserve, NM, is increased by $1,789,000 above the House 
     level; much of this increase is for one-time infrastructure 
     improvements to facilitate public access to this unique part 
     of the national forest system. The managers expect the Valles 
     Caldera directors to use these funds efficiently; they should 
     begin the revenue generating activities authorized for this 
     area and submit to the House and Senate Committees on 
     Appropriations a plan and schedule, including cost 
     estimates, for its management that is consistent with 
     National funding priorities. The conference agreement does 
     not include the general reduction to the national forest 
     system account adopted in House floor action.
       The managers have revised House report language concerning 
     the management of urban lots in the Lake Tahoe basin. The 
     managers note that the Forest Service faces significant 
     challenges in order to manage and care for urban properties. 
     The intensive effort required for management of these 
     properties must be evaluated in light of the need for the 
     agency to manage the large portions of the basin under its 
     jurisdiction. The managers request that the Forest Service 
     report to the House and Senate Committees on Appropriations 
     no later than October 1, 2003 on the adaptive management 
     practices that are suitable for urban lots acquired under the 
     Santini-Burton program in the Lake Tahoe basin, and make 
     recommendations as to those practices that are most effective 
     in meeting the goals of the Lake Tahoe Restoration Act (P.L. 
     106-506). The managers expect that this analysis will 
     consider the role and function of urban lots relative to 
     water quality and watershed protection, biological diversity, 
     recreation, public access, and forest vegetation management 
     for wildfire control. The managers expect the Forest Service 
     and partners in the basin to evaluate alternatives to 
     continued urban lot purchases and to develop alternative 
     methods of managing Federal urban lots, and to implement 
     monitoring and research regarding the function that the lots 
     play in supporting ecological integrity in the basin.


                        wildland fire management

       The conference agreement provides $1,560,349,000 for 
     wildland fire management instead of $1,402,305,000 as 
     proposed by the House and $1,280,594,000 as proposed by the 
     Senate. The managers note that this funding total includes 
     $346,000,000 in contingent emergency appropriations instead 
     of $165,000,000 as proposed by the Senate and no emergency 
     funding proposed by the House, and that $200,000,000 is to 
     pay back emergency wildfire expenditures of fiscal year 2001. 
     This emergency funding should be used to repay sums 
     previously advanced for fiscal year 2001 wildfire emergencies 
     as well as to fund various components of the national fire 
     plan as discussed below.
       The managers believe that the full, integrated national 
     fire plan effort needs to be sustained in future years in 
     order to reduce the risks of catastrophic fire in many areas 
     of the Nation. The managers note that the Administration, 
     working along with governors and local communities, have 
     submitted a framework for a ten-year national fire plan. 
     However, after reviewing the plan, the managers are concerned 
     that the plan does not lay-out clear funding requirements for 
     various aspects of this important endeavor. Therefore, the 
     managers direct the Secretaries of Agriculture and the 
     Interior to provide to the House and Senate Committees on 
     Appropriations by March 15, 2002, an updated fire plan that 
     includes detailed schedules of activities and funding 
     requirements. The managers understand that funding 
     requirements for wildfire activities include considerable 
     year-to-year uncertainty depending on weather and fire 
     circumstances and therefore the managers view the funding 
     requirements for the national fire plan as being an iterative 
     process, which requires annual updates. The managers direct 
     the Departments of the Interior and Agriculture to continue 
     to work together to formulate complementary budget requests 
     that reflect the same principles and a similar budget 
     organization and submit a cross-cutting budget request to the 
     Committees, which covers all federal wildfire 
     responsibilities. The managers expect the Forest Service to 
     emphasize the use of cooperative agreements and grants to a 
     wide-range of interests to help meet the national fire plan 
     goals and objectives on all lands, including information 
     compilation and analysis, public education, and applied 
     research. In addition, the managers expect the agencies to 
     seek the advice of governors, and local and tribal government 
     representatives in setting priorities for fuels treatments, 
     burned area rehabilitation, and public outreach and 
     education.
     Wildfire preparedness
       The conference agreement includes $622,618,000 for 
     preparedness as proposed by the Senate instead of 
     $616,618,000 as proposed by the House. The $6,000,000 in fire 
     technology development included within the Senate proposal 
     for preparedness has been transferred to the other fire 
     operations activity and base funding for preparedness has 
     been increased accordingly. The managers reiterate the House 
     direction concerning the need for completed fire plans for 
     all forest service units and the managers direct that a 
     schedule for this implementation be included in the next 
     budget request. The managers also remain concerned about the 
     variation in methods by which the departments calculate 
     wildfire fighting readiness and how the departments plan 
     their distribution of firefighting resources to attain 
     efficiency. The managers direct the Secretaries of 
     Agriculture and the Interior to develop and implement a 
     coordinated and common system for calculating readiness which 
     includes provisions for working with the shared fire fighting 
     resources of the States and other cooperators and considers 
     values of various resources on both Federal and other lands.
     Wildfire suppression operations
       The conference agreement includes $521,321,000 for wildfire 
     suppression activities instead of $321,321,000 proposed by 
     both the House and Senate. This includes $255,321,000 for 
     non-emergency wildfire suppression activities instead of 
     $321,321,000 proposed by the House and $221,321,000 as 
     proposed by the Senate. The agreement also includes 
     $266,000,000 in emergency wildfire suppression funding 
     instead of no emergency funding proposed by the House and 
     $100,000,000 as proposed by the Senate. The managers direct 
     the Forest Service to use $200,000,000 in emergency 
     contingency funding to repay funds advanced for emergency 
     wildfire suppression activities in fiscal year 2001 from 
     other activities, trust funds, and other appropriation 
     accounts.
       The managers are very concerned about fire fighter safety 
     issues in light of the tragic Thirty Mile fire in northern 
     Washington. The managers direct the Forest Service to 
     continue development and testing of a new fire shelter for 
     the protection and safety of fire fighters. The testing shall 
     include products being advanced by private industry. The 
     Forest Service should submit a report to the House and Senate 
     Committees on Appropriations on the results of these tests by 
     September 30, 2002.
       The managers are concerned about fire suppression costs 
     during major incidents and therefore the Forest Service and 
     the Department of the Interior are directed to contract for a 
     thorough, independent review of wildfire suppression costs 
     and strategies. The Departments should equally share the cost 
     of the review and a preliminary report should be issued by 
     May 31, 2002, and the final report be delivered to the House 
     and Senate Committees on Appropriations by September 30, 
     2002.
       The managers note that even after enactment of this bill 
     the KV reforestation trust fund will lack $320,000,000, which 
     has not been repaid but which was advanced for emergency 
     wildfires during previous years. The Administration should 
     strive to repay these funds.
     Other wildfire operations
       The conference agreement includes $416,410,000 for other 
     fire operation activities instead of $464,366,000 as proposed 
     by the House and $336,655,000 as proposed by the Senate. Of 
     this allocation, $80,000,000 is designated as emergency 
     funds instead of $65,000,000 as proposed by the Senate. 
     The allocation of this funding is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                   Non-emergency     Emergency         Total
----------------------------------------------------------------------------------------------------------------
Hazardous Fuels.................................................    $209,010,000  ..............    $209,010,000
Fire Facilities.................................................      10,376,000     $10,000,000      20,376,000
Rehabilitation..................................................       3,668,000      59,000,000      62,668,000
Research & Development..........................................      22,265,000       5,000,000      27,265,000
Joint Fire Science..............................................       8,000,000  ..............       8,000,000
Forest Health Management........................................      11,974,000  ..............      11,974,000
Economic Action.................................................      12,472,000  ..............      12,472,000
State fire assistance...........................................      50,383,000       6,000,000      56,383,000
Volunteer fire assistance.......................................       8,262,000  ..............       8,262,000
                                                                 -----------------------------------------------
      Total other wildfire operations...........................     336,410,000      80,000,000     416,410,000
----------------------------------------------------------------------------------------------------------------

       The conference agreement includes $209,010,000 for 
     hazardous fuels treatments as proposed by the Senate instead 
     of $227,010,000 as proposed by the House. The managers expect 
     the Forest Service to ensure that fuels

[[Page H6539]]

     treatments are accomplished quickly and in an environmentally 
     sound manner. In conducting treatments, local contract 
     personnel are to be used wherever practical and efficient. 
     The managers expect the agency to show planned and actual 
     funding and accomplishments for fuels management activities 
     in future budget requests to the Congress. The managers 
     understand that actual amounts may differ from planned 
     levels. The managers expect the agencies to work closely with 
     States and local communities in implementing this program in 
     an effective and efficient manner.
       The managers have not included bill language proposed by 
     the Senate, which required that the Forest Service spend no 
     less than $125,000,000 on hazardous fuels reduction projects 
     in the wildland-urban interface. Instead, the managers expect 
     that the Forest Service will expend this amount, as stated in 
     the budget request, on projects in the wildland-urban 
     interface. If the agency does not attain such levels, it 
     shall promptly notify the House and Senate Committees on 
     Appropriations and provide a report explaining why the Forest 
     Service was unable to expend such sums. The managers continue 
     to believe that an emphasis on fuels reduction work in the 
     wildland-urban interface is critical to protecting the safety 
     of rural communities.
       The managers have included bill language proposed by the 
     Senate providing that up to $15,000,000 in available funds 
     may be used on adjacent, non-Federal lands to reduce 
     hazardous fuels. The managers have not included bill language 
     proposed by the Senate concerning resource management and 
     access issues on the Chugach National Forest, AK. Instead, 
     the managers have included direction under the national 
     forest system heading regarding the upcoming Chugach National 
     Forest plan. The conference agreement includes the Senate 
     proposal to provide $5,000,000 for authorized Community 
     Forest Restoration Act activities. The managers have not 
     provided Forest Service funds for the Ecological Research 
     Institute and its activities at Mt. Trumbull. This issue is 
     addressed under the Bureau of Land Management. The conference 
     agreement also includes hazardous fuels funding of 
     $16,000,000 for the Quincy Library group activities, CA and 
     $2,000,000 for the Lake Tahoe Basin as indicated by the 
     House, which is $500,000 above the request.
       The managers direct the Forest Service to provide technical 
     assistance to the Tule River Tribal Reservation with its 
     ground fuels mitigation program, the acquisition of 
     appropriate fire suppression equipment, and the training of a 
     tribal hot-shot crew.
       The conference agreement includes $20,376,000 for wildfire 
     management facilities as proposed by the Senate instead of 
     $38,000,000 as proposed by the House. Of these funds, 
     $10,000,000 are available as emergency funds.
       The conference agreement includes $62,668,000 for 
     rehabilitation and restoration activities, including 
     $59,000,000 as emergency funds, instead of $81,000,000 as 
     proposed by the House and $3,913,000 as proposed by the 
     Senate. The managers have provided this funding to continue 
     work on the many areas impacted by the year 2000 fires as 
     well as more recent events. The managers direct the 
     departments to continue to implement the long-term program to 
     manage and supply native plant materials for use in various 
     Federal land management restoration and rehabilitation needs 
     directed for fiscal year 2001.
       The conference agreement includes $27,265,000 for research 
     and development activities as proposed by the House; 
     $5,000,000 of these funds are designated for emergency needs. 
     The research and development allocation consolidates funds, 
     which were requested within both the preparedness and fire 
     operations activities. It is vital that activities related to 
     wildfire management and natural resource management have a 
     firm scientific basis. To this end, the managers have also 
     included $8,000,000 for the joint fire science program as 
     proposed by the House instead of $4,000,000 as proposed by 
     the Senate. The joint fire program is matched with similar 
     funding within the Department of the Interior and this 
     program should continue the direction it has taken in fiscal 
     year 2001. The managers have designated $1,000,000 within the 
     available, non-emergency research and development funds for 
     cooperative research and technology development for the 
     University of Montana National Center for Landscape Fire 
     Analysis. This replaces designations for this project in the 
     House and Senate recommended bills.
       The managers note that devastating windstorms have caused 
     great damage on the Superior and Chippewa National Forests, 
     MN. The budget request for wildland fire management included 
     $8,000,000 to continue efforts to reduce the fuels 
     accumulation, continue reforestation, and rehabilitate the 
     wilderness and non-wilderness areas of these forests. The 
     managers expect the scheduled work to be completed 
     expeditiously with these funds.
       The managers have included $56,383,000 for State fire 
     assistance instead of $50,383,000 as proposed by both the 
     House and the Senate. Of this total, $6,000,000 is designated 
     as emergency funds and this total includes $5,000,000 for 
     hazardous fuels work in Anchorage, AK instead of 
     $6,000,000 as proposed by the Senate, and $1,000,000 to 
     continue hazardous fuels work in the Kenai Borough, AK, as 
     proposed by the Senate. The Forest Service should follow 
     Senate direction concerning the distribution of these 
     funds. State fire assistance includes support for the 
     FIREWISE program and the use of cost share incentives. The 
     conference agreement includes $12,472,000 for economic 
     action activities associated with the national fire plan 
     as proposed by both the House and the Senate. The managers 
     note that the State and private forestry appropriation 
     includes funds for the small diameter initiative so the 
     House instructions concerning this project need not be 
     followed.


                  capital improvement and maintenance

       The conference agreement provides $546,188,000 for capital 
     improvement and maintenance instead of $535,513,000 as 
     proposed by the House and $541,286,000 as proposed by the 
     Senate. This funding includes $61,000,000 as recommended by 
     the Senate for priority deferred maintenance and 
     infrastructure improvement within the conservation spending 
     category. The conference agreement provides for the following 
     distribution of funds:

        Activity or project                                  Conference
Facilities:
  Maintenance...............................................$93,926,000
  Capital improvement........................................70,678,000
                                              Congressional priorities:
    Allegheny NF campgrounds, PA................................900,000
    Allegheny NF Marienville RS, PA.............................975,000
    Big Bear center, CA.......................................1,000,000
    Cherokee NF recreation projects, TN.......................1,000,000
    Cradle of Forestry volunteer facilities, NC...............1,165,000
    Franklin County Lake, MS..................................1,400,000
    Francis Marion NF, SC.......................................100,000
    Gladie Creek center, KY.....................................718,000
    Grey Towers NHS, PA.........................................500,000
    Hardwood Tree Improvement & Regeneration Center at Purdue, I500,000
    Inst. of Pacific Islands Forestry, HI.....................2,000,000
    Lake Tahoe, restrooms & Tallic rehab........................115,000
    Midewin Nat. Tallgrass Prairie horticulture building, IL....450,000
    Mitchell Mill, Ozark NF AR..................................350,000
    Monongahela NF sanitation, WV...............................440,000
    Mt. Tabor work center, VT...................................650,000
    Nantahala NF recreation projects, NC........................850,000
    Rapid City research lab, SD...............................2,558,000
    Timberline Lodge ADA rehab, OR............................1,240,000
    Tuckerman Ravine, NH........................................330,000
    Waldo Lake rehab, OR........................................500,000
    Wayne NF SO, OH...........................................1,000,000
    Wayne NF facilities improvements, OH......................1,000,000
    Winding Stair Mtn. NRA, OK................................1,102,000
                                                       ________________
                                                       
    Total Congressional priorities...........................20,843,000
                                                       ================

    Total Facilities........................................185,447,000
Roads:
  Maintenance...............................................159,291,000
  Capital improvement........................................67,600,000
                                              Congressional priorities:
    Franklin County Lake, MS....................................600,000
    Lake Tahoe, Eagle Falls rehab...............................455,000
    Lake Tahoe roads............................................800,000
    Monongahela NF, WV..........................................920,000
                                                       ________________
                                                       
    Total Congressional priorities............................2,775,000
                                                       ================

    Total Roads.............................................229,666,000
Trails:
  Maintenance................................................40,434,000
  Capital improvement........................................26,955,000
                                              Congressional priorities:
    Continental Divide Trail..................................1,000,000
    FL National Scenic Trail....................................500,000
    Pinhoti Trail, GA...........................................186,000
    National Scenic trails maintenance add-on...................800,000
    Pacific Crest Trail maintenance.............................200,000
                                                       ________________
                                                       
    Total Congressional priorities............................2,686,000
                                                       ================

    Total Trails.............................................70,075,000
                                                       ================

    TOTAL Capital Improvement and Maintenance...............485,188,000
    Infrastructure improvement, conservation category........61,000,000
                                                       ________________
                                                       
    TOTAL with conservation category........................546,188,000

       The conference agreement includes bill language proposed by 
     the Senate concerning a fiscal year 2001 appropriation for 
     improvements at the Hardwood Tree Improvement and 
     Regeneration Center at Purdue University, IN, and language 
     transferring a fiscal year 2001 appropriation for certain 
     recreational facilities near the Allegheny National Forest, 
     PA.

[[Page H6540]]

       The managers concur with the Senate in providing $2,558,000 
     for the design, planning, and acquisition of property to 
     support the efficient collocation of the Mystic Ranger 
     District and the Rapid City Research Laboratory in South 
     Dakota. The managers have also included $500,000 for the 
     Hardwood Tree Improvement and Regeneration Center (HTIRC) at 
     Purdue University, IN. The managers emphasize that 
     construction of other facilities on the Black Hills National 
     Forest and further Federal funding for the Hardwood Tree 
     Improvement and Regeneration Center, IN, be proposed in the 
     agency budget justification using the normal process for 
     ranking and prioritizing facility needs. The Forest Service 
     should submit reports detailing all future funding needs for 
     these two projects no later than April 15, 2002. The 
     conference agreement does not provide $2,000,000 for the 
     Pike's Peak Highway as proposed by the Senate due to ongoing 
     litigation directly related to the project.
       The managers encourage the Forest Service to establish a 
     suitable memorial for the four brave firefighters who lost 
     their lives July 10, 2001, at the Thirtymile fire near 
     Winthrop, WA.


                            land acquisition

       The conference agreement provides $149,742,000 for land 
     acquisition instead of $130,877,000 as proposed by the House 
     and $128,877,000 as proposed by the Senate. Funds should be 
     distributed as follows:

        Area (State)                                             Amount
Allegheny NF (Allegheny Wild & Scenic Rivers) (PA).............$220,000
Arapaho NF (Beaver Brook) (CO)................................6,600,000
Beaverhead-Deerlodge NF (Watershed, RY Timber) (MT)...........7,000,000
Bonneville Shoreline Trail (UT)...............................1,000,000
Bridger-Teton NF (Feuz conservation easements) (WY)...........3,500,000
Chattahoochee NF (Mt. Yonah and Jacks River) (GA).............1,200,000
Chattooga W&SR/Watershed (NC/GA)..............................3,600,000
Cheq-Nicolet NF (Wisconsin Wild Waterways) (WI)...............2,500,000
Chippewa and Superior NF (MN Wilderness) (MN).................1,400,000
Cibola NF (La Madera) (NM)....................................3,000,000
Coconino NF (Hancock Ranch) (AZ)..............................4,000,000
Columbia River Gorge NSA (OR/WA)..............................6,000,000
Dakota Prairie Grasslands (Griffin Ranch) (ND)................1,450,000
Daniel Boone NF (Red River Gorge) (KY)........................2,037,000
Florida National Scenic Trail (FL)............................4,000,000
Francis Marion NF (SC)........................................7,000,000
Gallatin NF (Greater Yellowstone Ecosystem) (MT)..............3,500,000
Green Mtn. NF (including Prickly Hill, Blueberry Lake, and Gomez 
  tracts) (VT)................................................1,250,000
Hoosier NF (Unique Areas) (IN)................................1,500,000
I-90 Corridor/Plum Creek (WA).................................4,000,000
Idaho Wilderness/W&S Rivers--Sulphur Creek Ranch (ID/MT)......2,200,000
Lake Tahoe Basin MU (High Meadows) (CA).......................4,000,000
Lake Tahoe NF (Urban lots) (CA)...............................2,600,000
Lewis and Clark Historic Trail (ID/MT)........................1,500,000
Los Padres NF (Big Sur Ecosystem) (CA)........................7,660,000
Mark Twain NF (Ozark Mtn. Streams & Rivers) (MO)..............1,500,000
Midewin NTGP (IL)...............................................500,000
Ouchita NF (Lake Winona) (AR).................................1,500,000
Pacific Crest Trail (CA/WA/OR)................................2,000,000
Pacific Northwest Streams (Drift Creek and Davidson) (OR).....4,250,000
Payette NF (Thunder Mtn.).....................................1,000,000
Pisgah NF (Lake James) (NC)...................................2,500,000
San Bernardino NF (CA)........................................1,500,000
Santa Fe NF (Santa Fe Watershed) (NM).........................1,750,000
Sawtooth NF (easements--Sawtooth NRA) (ID)....................5,000,000
St. Francis NF (Stumpy Point, Anderson Tulley) (AR)...........1,500,000
Sumter NF (Broad River Corridor) (SC).........................1,500,000
Swan Valley Conservation Project (MT).........................7,000,000
Tahoe NF (North Fork Am. River) (CA)..........................1,700,000
Tongass NF, Admiralty NM (Favorite Bay, Mental Health Lands) (5,225,000
Uncompahgre NF (Red Mountain) (CO)............................4,600,000
Wayne NF (OH).................................................1,000,000
White Mtn. NF (Jericho Lake) (NH).............................2,000,000
White Mtn. NF (NH)............................................1,500,000
Wild and Scenic Rivers PNW (Skagit River) (WA)................2,000,000
                                                       ________________
                                                       
    Subtotal................................................132,242,000
Wilderness Protection.........................................1,000,000
Critical Inholdings, Opportunities............................2,000,000
Cash Equalization.............................................1,500,000
Acquisition Management.......................................13,000,000
                                                       ________________
                                                       
    Total...................................................149,742,000

       The managers direct the Forest Service to continue its 
     ongoing work to implement an acquisition program for the 
     Pacific Crest Trail as rapidly as possible, utilizing 
     assistance from the National Park Service, if desirable. 
     Acquisition efforts should focus on properties where access 
     and public service needs are the greatest. A progress report 
     should be submitted to the House and Senate Committees on 
     Appropriations no later than March 1, 2002.


         ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

       The conference agreement provides $1,069,000 for the 
     acquisition of lands for national forests special acts as 
     recommended by both the House and the Senate.


            ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

       The conference agreement provides an indefinite 
     appropriation estimated to be $234,000 for the acquisition of 
     lands to complete land exchanges as proposed by both the 
     House and the Senate.


                         RANGE BETTERMENT FUND

       The conference agreement provides an indefinite 
     appropriation estimated to be $3,290,000 for the range 
     betterment fund as proposed by both the House and the Senate.


    GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH

       The conference agreement provides $92,000 for gifts, 
     donations and bequests for forest and rangeland research as 
     proposed by both the House and the Senate.


        MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

       The conference agreement provides $5,488,000 for management 
     of national forest system lands for subsistence uses in 
     Alaska as proposed by both the House and the Senate.


               ADMINISTRATIVE PROVISIONS, FOREST SERVICE

       The managers have modified bill language proposed by the 
     Senate concerning the use of funds for land exchanges and 
     have included language recommended by the Senate allowing the 
     Forest Service to transfer any funds available to the Forest 
     Service to the wildland fire management account during 
     wildfire emergencies. The conference agreement also includes 
     the House language prohibiting transfers to the USDA working 
     capital funds in excess of the fiscal year 2000 level without 
     advance approval from the House and Senate Committees on 
     Appropriations. The managers have included the Senate 
     proposed funding level for the administrative funds of the 
     National Forest Foundation and the managers have included 
     language expanding the National Forest Foundation board of 
     directors. The conference agreement includes the House 
     proposed bill language concerning the National Fish and 
     Wildlife Foundation. The managers have not included the House 
     proposed bill language concerning the use and reimbursement 
     of detailees who are used for more than 30 days. Instead, the 
     managers direct the Secretary to provide written notification 
     to the House and Senate Committees on Appropriations of any 
     employee to be detailed or assigned from an agency or office 
     funded by this Act to any other agency or office of the 
     Department for more than 60 days if the receiving office is 
     not going to reimburse the donor office for detailee time in 
     excess of 60 days. Such notification should include the name 
     of the employee to be detailed, the location of the detail, 
     the estimated length of the detail, and a justification for 
     the work to be performed during the detail.
       The managers have agreed to revise instructions proposed by 
     the House regarding the management of trust funds. In place 
     of items numbered two and three in the House report, the 
     managers agree to the following: (1) the Forest Service is 
     directed to submit a detailed display in all future budget 
     justifications of the anticipated program of work for these 
     funds; (2) the plan shall provide sufficient detail to 
     explain and justify the program of work and expected 
     accomplishments in each region; and (3) the plan shall 
     contain a full explanation of how planned improvement 
     activities contribute to an integrated approach to forest 
     management in conjunction with activities planned to be 
     accomplished with discretionary funds.

                          Department of Energy


                         CLEAN COAL TECHNOLOGY

                               (DEFERRAL)

       The conference agreement provides for the deferral of 
     $40,000,000 in previously appropriated funds for the clean 
     coal technology program. These funds will become available on 
     October 1, 2002, to complete the remaining projects in this 
     program.


                 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $616,490,000 for fossil 
     energy research and development instead of $579,000,000 as 
     proposed by the House and $604,090,000 as proposed by the 
     Senate. Of the amount provided, $33,700,000 is derived by 
     transfer from previous clean coal technology appropriations 
     as proposed by the Senate. The numerical

[[Page H6541]]

     changes described below are to the House recommended level.
       There is a decrease of $33,700,000 for the clean coal power 
     initiative, which reflects the transfer of previously 
     appropriated funds in that amount from the clean coal 
     technology account. This transfer should not interfere with 
     the timely completion of the remaining, unfinished clean coal 
     technology projects. The funding provided for the clean coal 
     power initiative in fiscal year 2002 is $150,000,000.
       In the innovations for existing plants activity, there is 
     an increase of $1,000,000 for materials research as part of 
     the vision 21 program. This increase originally was proposed 
     by the Senate under the advanced research account. Guidance 
     on its use is provided below.
       In advanced systems, increases include $3,000,000 for ITM 
     oxygen research as part of the integrated gasification 
     combined cycle program, $3,000,000 for vision 21 advanced 
     combustion systems as part of the pressurized fluidized bed 
     program, and $3,000,000 for syngas applications in the 
     advanced turbine systems program. There is also a decrease of 
     $3,000,000 in general program activities in the turbine 
     program.
       In distributed generation, increases include $2,000,000 for 
     electro-chemical engineering in the advanced research 
     program, $2,000,000 for systems development in the molten 
     carbonate fuel cells program, and $6,000,000 for the solid-
     state energy conversion alliance in the innovative concepts 
     program.
       In transportation fuels and chemicals, there is an increase 
     of $2,000,000 for the La Porte facility in Texas. The 
     managers expect the Department to continue existing projects 
     in the ultra clean fuels program. There is also an increase 
     of $1,000,000 in the ultra clean fuels program for a clean 
     diesel fuel program at the University of Alaska.
       In solid fuels and feedstocks, there is an increase of 
     $3,000,000 for advanced separation technology.
       In advanced fuels research, there are increases of $500,000 
     for C-1 chemistry and $1,700,000 in advanced concepts for 
     advanced products from coal, and a decrease of $1,000,000 for 
     advanced separation technology (which is addressed above 
     under solid fuels and feedstocks).
       In advanced research, there is an increase of $2,000,000 in 
     the technology crosscut program for the Computational Center 
     of Excellence at the National Energy Technology Laboratory.
       For natural gas technologies, there is an increase of 
     $950,000 in exploration and production for coalbed methane 
     water filtration research and increases in infrastructure 
     programs of $1,000,000 for infrastructure technology and 
     $1,000,000 for storage technology. There is also an increase 
     of $2,000,000 in emerging processing technology for the coal 
     mine methane program.
       For oil technology, there is an increase of $3,000,000 in 
     exploration and production for arctic research by the Office 
     of Arctic Energy in Alaska and a decrease of $1,000,000 for 
     the Oil Prime program in advanced research. There is also a 
     decrease of $1,000,000 in the reservoir life extension 
     program for reservoir field demonstrations.
       In cooperative research and development, there is an 
     increase of $2,240,000 for existing programs. Arctic 
     technology research is addressed in the oil technology 
     program above.
       In general plant projects, there is a decrease of $900,000 
     in general plant projects for the National Energy Technology 
     Laboratory and an increase of $11,000,000 for the first year 
     of a 7-year program to upgrade the infrastructure at the 
     National Energy Technology Laboratory. This upgrade is 
     discussed in more detail below.
       Finally, there is a decrease of $6,000,000, which reflects 
     the one-time use of unobligated prior year funds that are 
     available from a coal project that has been substantially 
     reworked, with resultant cost savings. This amount should be 
     restored to the base program in fiscal year 2003.
       The managers are very supportive of the clean coal power 
     initiative and expect the Department to ensure that the 
     program is based on competitively awarded government-industry 
     partnerships that demonstrate technologies that can 
     strengthen electricity reliability for the Nation in an 
     environmentally clean manner. The managers agree that 
     industry will be required to provide at least 50 percent of 
     each project's cost and that all projects must use U.S. 
     coals, which must constitute at least 75 percent of the fuel. 
     Further, all co-production projects must provide at least 
     half of their output in the form of electricity.
       The managers expect the Department to ensure that the 
     solicitation for proposals is open to technologies that will: 
     (1) reduce emissions of criteria pollutants (including 
     mercury) from both existing and new plants, including 
     management of plant byproducts; (2) improve the generation 
     efficiencies of existing and new plants through such 
     technologies as coal gasification; and/or (3) cost-
     effectively manage carbon emissions.
       The managers agree to the following:
       1. The $1,000,000 in the innovations for existing plants 
     program for vision 21/materials is to accelerate the 
     development of advanced alloys and materials for high 
     efficiency, ultra-supercritical steam plants, allowing ultra-
     supercritical steam conditions to be used in a variety of 
     fuel flexible, highly efficient, zero emission plants.
       2. Available funding balances from contract closeouts may 
     be used without reprogramming to minimize disruptions to 
     ongoing research and development projects. Follow-on research 
     areas consistent with plans and schedules developed in 
     cooperation with industry partners, include ultra-
     supercritical materials, computational and fuels focus areas 
     at the National Energy Technology Laboratory, gas-to-liquids, 
     advanced research on coal-based fuels, solid-state energy 
     conversion alliance (planar solid oxide fuel cells), vision 
     21/oxygen-based combustion, Wilsonville testing, power plant 
     sensors and controls, carbon dioxide capture and geologic 
     sequestration testing, and oil and gas offshore technology.
       3. There is no earmark in the syngas ceramic membrane 
     funding for any specific program. The available funds should 
     be used to continue all existing projects as equitably as 
     possible.
       4. The distribution of the increase above the budget 
     request for effective environmental protection programs in 
     the oil technology activity should be consistent with the 
     House recommendation.
       5. The funding for risk assessment programs under the oil 
     technology activity assumes that the risk based data 
     management system will continue to be funded at the fiscal 
     year 2001 level.
       6. Within the funds provided in oil technology for the 
     Office of Arctic Energy $1,000,000 is to support oxygen 
     transport ceramic membrane research.
       7. The Department should review the fuel flexibility for 
     industrial boilers program developed by Pennsylvania State 
     University and consider incorporating follow-on work in this 
     area into the fiscal year 2003 budget priorities.
       8. The $2,000,000 increase above the budget request for 
     distributed generation/vision 21 hybrids, included in both 
     the House and Senate recommendations, is for the tubular 
     solid oxide fuel cell program.
       9. The increase above the budget request for the solid-
     state energy conversion alliance under distributed 
     generation/innovative concepts is to be added to the base 
     funding for planar solid oxide fuel cell programs and is to 
     be used to continue existing projects, consistent with 
     program plans developed in cooperation with industry 
     partners. The managers understand that base funding for this 
     program will need to be increased substantially in fiscal 
     year 2003 to keep this program on schedule to meet critical 
     program goals.
       10. Of the funds provided for turbine systems, $3,000,000 
     is for the industry/university consortium.
       11. The Department should develop a five-year plan 
     reorienting the turbine program to support vision 21 and 
     focusing on the development of a technology base to increase 
     fuel flexibility (including coal) and efficiency as well as 
     reliability, availability, and maintainability, with low 
     emissions and low life cycle costs. The plan should be 
     submitted to the House and Senate Committees on 
     Appropriations no later than January 15, 2002.
       12. In the carbon sequestration program, the Department 
     should continue and expand International Utility Efficiency 
     Partnerships as part of the U.S. Initiative on Joint 
     Implementation.
       The conference agreement modifies bill language proposed by 
     the Senate earmarking $11,000,000 for planning and design of 
     an infrastructure upgrade at the National Energy Technology 
     Laboratory. The modification provides land acquisition 
     authority, which the managers understand will be used on a 
     limited basis. This funding represents the first year of a 7-
     year improvement plan for the Laboratory and the managers 
     expect the Department to keep this amount in the base budget 
     for each of the next 6 years.
       The conference agreement includes bill language proposed by 
     the Senate deriving $33,700,000 by transfer from the clean 
     coal technology program to offset new budget authority in 
     fiscal year 2002. The managers note that this is a one-time 
     transfer and this amount will need to be restored to the 
     Fossil Energy Research and Development base budget in fiscal 
     year 2003.
       The conference agreement also modifies language to extend 
     the proposal submission period for the Clean Coal Power 
     Initiative from 90 days to 150 days and to permit the 
     combining of fiscal year 2002 and fiscal year 2003 funds for 
     contract awards made in fiscal year 2003.


                      alternative fuels production

                              (rescission)

       The conference agreement provides for the rescission of 
     $2,000,000 in unobligated balances from the alternative fuels 
     production account as proposed by the Senate instead of no 
     rescission as proposed by the House.


                 naval petroleum and oil shale reserves

       The conference agreement provides $17,371,000 for the naval 
     petroleum and oil shale reserves as proposed by both the 
     House and the Senate.


                      elk hills school lands fund

       The conference agreement provides $36,000,000 to become 
     available on October 1, 2002, for the Elk Hills school lands 
     fund as proposed by the Senate instead of $36,000,000 to be 
     derived by transfer from unobligated balances in the clean 
     coal technology account as proposed by the House.


                          energy conservation

       The conference agreement provides $912,805,000 for energy 
     conservation instead of $940,805,000 as proposed by the House 
     and $870,805,000 as proposed by the Senate. The numerical 
     changes described below are to the House recommended level.

[[Page H6542]]

       In building technology assistance, there are decreases of 
     $19,000,000 for the weatherization assistance program and 
     $17,000,000 for State energy conservation grants. There is 
     also an increase of $1,000,000 for the energy star program.
       In industries of the future/crosscutting, there is an 
     increase of $2,000,000 for the innovations and inventions 
     program.
       In transportation programs, there is a general increase of 
     $2,000,000 in technology deployment for the clean cities 
     program.
       In policy and management, there is an increase of 
     $3,000,000 for the regional support offices.
       The managers agree to the following:
       1. The increase in funding for the regional support offices 
     is to restore base funding for these important entities. The 
     Department should do a better job of using these offices to 
     manage programs and projects and should not short-fund these 
     offices in future budget requests while protecting funding 
     for headquarters offices in Washington, DC. Funding 
     comparisons (prior year, current year, budget year) and 
     activity descriptions for each regional support office should 
     be included in the annual budget request beginning in fiscal 
     year 2003. The managers encourage the Department to consider 
     shifting resources from headquarters to the regional support 
     offices.
       2. Consistent with the policy of fuel neutrality, no funds 
     are earmarked in the Clean Cities program for increasing E-85 
     fueling capacity. The managers encourage the Department to 
     give careful consideration to proposals that would help 
     increase such capacity, consistent with the goals of the 
     Clean Cities program.
       3. Within the funds provided, the managers understand that 
     the Northwest Alliance for Transportation Technologies will 
     be funded at a higher level than in fiscal year 2001.
       4. Within the transportation sector hybrid program, the 
     Department should continue 3 contracts through completion of 
     phase I of the advanced power electronics program and should 
     down select to 2 contracts, as planned, prior to funding the 
     next phase of the program.
       5. Within the increase provided above the budget request 
     for lightweight materials technology in transportation 
     programs, the Department should foster research aimed at 
     developing lightweight composites for heavy vehicles in 
     conjunction with MSE, Inc.'s High Performance Materials 
     Group.
       6. The Department should report to the House and Senate 
     Committees on Appropriations, within twelve months of the 
     date of enactment of this Act, on the technical and economic 
     barriers to the use of fuel cells in transportation, portable 
     power, stationary, and distributed generation applications. 
     The report should include recommendations on program 
     adjustments based on an assessment of the technical, 
     economic, and infrastructure requirements needed for the 
     commercial use of fuel cells for stationary and 
     transportation applications by 2012. Within six months of the 
     date of enactment of this Act, the Department should also 
     provide an interim assessment that describes preliminary 
     findings about the need for public and private cooperative 
     programs to demonstrate the use of fuel cells in commercial 
     scale applications.
       The conference agreement earmarks $275,000,000 for energy 
     conservation grant programs instead of $311,000,000 as 
     proposed by the House and $251,000,000 as proposed by the 
     Senate. Within the funds provided, $230,000,000 is further 
     earmarked for weatherization assistance grants instead of 
     $249,000,000 as proposed by the House and $213,000,000 as 
     proposed by the Senate, and $45,000,000 is earmarked for 
     State energy conservation grants instead of $62,000,000 as 
     proposed by the House and $38,000,000 as proposed by the 
     Senate.
       No statutory language on cost sharing for weatherization 
     grants is included in the conference agreement but the 
     managers strongly urge the Department to pursue actively such 
     cost sharing from State and local governments and other 
     entities. Detailed cost-sharing information (and the amount 
     of Federal funds provided) should be included for each State 
     or eligible entity in the budget submission for fiscal year 
     2003 and in future submissions.
       The conference agreement includes statutory language 
     requiring that one-half of the funding made available in 
     fiscal year 2002 and thereafter for the energy efficiency 
     science initiative be managed by the fossil energy research 
     and development program. The managers expect the Department 
     to issue a single solicitation for this program that covers 
     both energy conservation and fossil energy programs.


                          economic regulation

       The conference agreement provides $1,996,000 for economic 
     regulation as proposed by both the House and the Senate.


                      strategic petroleum reserve

       The conference agreement provides $179,009,000 for the 
     strategic petroleum reserve as proposed by the House instead 
     of $169,009,000 as proposed by the Senate.
       The conference agreement modifies statutory language 
     contained in both the House and Senate bills, specifying that 
     ``not to exceed'' $8,000,000 is for the Northeast Heating Oil 
     Reserve. If the full $8,000,000 is not needed, the managers 
     encourage the Department to apply any excess funds to the 
     Strategic Petroleum Reserve vapor pressure project to remove 
     excess heat and gas from the oil in the reserve. Funds for 
     this critical project should be continued in the base for 
     each of the next 3 years (at least at the $12 million level 
     provided in fiscal year 2002) so that it can be completed no 
     later than fiscal year 2005.


                   ENERGY INFORMATION ADMINISTRATION

       The conference agreement provides $78,499,000 for the 
     energy information administration as proposed by the House 
     instead of $75,499,000 as proposed by the Senate.

                Department of Health and Human Services

                         Indian Health Service


                         INDIAN HEALTH SERVICES

       The conference agreement provides $2,389,614,000 for Indian 
     health services instead of $2,390,014,000 as proposed by the 
     House and $2,388,614,000 as proposed by the Senate. The 
     numerical changes described below are to the House 
     recommended level.
       For hospital and health clinic programs there are decreases 
     of $500,000 for Joslin diabetes programs and $500,000 for 
     technology upgrades. For Indian health professions there are 
     increases of $50,000 for the InPsych program at the 
     University of North Dakota, $50,000 for the InPsych program 
     at the University of Montana, and $500,000 for the InMed 
     program at the University of North Dakota.
       The managers agree to the following:
       1. The additional contract health services funding provided 
     for fiscal year 2002 should be distributed following a 
     methodology developed in consultation with the tribes. The 
     managers have received expressions of concern from many 
     different tribes on this issue and ask that the Service base 
     the funding distribution on a methodology that considers the 
     needs of all eligible tribes at the same time as addressing 
     disparities in funding.
       2. The Service should continue to follow last year's 
     direction on the level of need funded methodology and the 
     distribution of the Indian health care improvement fund.
       The conference agreement provides the House proposed 
     statutory earmarks for contract health services and contract 
     support costs. As in past years, there is no specific earmark 
     for any individual tribe for contract support costs.
       The managers have not agreed to statutory language proposed 
     by the House dealing with certain limitations on contract 
     support costs. The managers believe the disparities between 
     BIA and IHS in the funding of contract support costs should 
     be resolved. While there has been some discussion of this 
     issue by the two agencies over the past few years, no 
     resolution to these differences has resulted. The managers 
     urge the Office of Management and Budget to serve as a 
     coordinator for further discussion of the issue with the two 
     agencies, with the goal of resolving existing discrepancies. 
     The Office of Management and Budget should address this issue 
     as part of the fiscal year 2003 budget request.


                        INDIAN HEALTH FACILITIES

       The conference agreement provides $369,487,000 for Indian 
     health facilities instead of $369,795,000 as proposed by the 
     House and $362,854,000 as proposed by the Senate. The changes 
     to the House level are all in the hospital and clinic 
     construction category. The managers agree to the following 
     distribution of facilities construction funds (excluding 
     sanitation facilities):

        Project                                    Conference agreement
Fort Defiance, AZ (hospital and staff quarters).............$27,827,000
Pinon, AZ (clinic infrastructure).............................2,600,000
Winnebago, NE (hospital).....................................15,000,000
Red Mesa, AZ (clinic infrastructure)..........................5,000,000
Pawnee, OK (clinic infrastructure)............................5,000,000
Sisseton, SD (clinic infrastructure)..........................2,333,000
St. Paul and Metlakatla, AK (clinics infrastructure)..........5,500,000
Bethel, AK quarters...........................................5,000,000
Zuni, NM quarters.............................................2,000,000
Dental units..................................................1,000,000
Small ambulatory care facilities.............................10,000,000
Joint ventures................................................5,000,000
                                                       ________________
                                                       
    Total...................................................$86,260,000

       The managers agree to the following:
       1. The funds provided for the Portland Area AMEX program 
     should remain in the base in fiscal year 2003 for addressing 
     the nationwide need for maintenance funds, and the Service 
     should request an increase to the base maintenance funding in 
     fiscal year 2003 to enable the Service to keep pace with the 
     expanding facilities infrastructure for Federal and tribal 
     facilities, including Alaska village-built clinics.
       2. Given the tremendous unmet need for new and replacement 
     hospitals and clinics in Indian country, the managers urge 
     that, beginning in fiscal year 2003, the Department and the 
     Office of Management and Budget establish a recurring base 
     budget for hospital and clinic facilities construction rather 
     than building from a zero-based budget each year. The 
     managers suggest that the base amount for fiscal year 2003 
     should be at least $90,000,000 (the fiscal year 2002 level 
     plus inflation) and projects should be identified based on 
     the established priority list (including hospitals, clinics, 
     staff quarters, dental units, small ambulatory care 
     facilities, and joint ventures) to total the base funding 
     level.
       3. The Service should use balances available from completed 
     construction projects to

[[Page H6543]]

     fund the additional site work and infrastructure needs of the 
     Pinon, AZ clinic and, to the extent available, to fund 
     additional site work and infrastructure at the Red Mesa, AZ 
     clinic.
       4. The Service should continue funding for a new drinking 
     water system for the Shoshone-Bannock Tribes of the Fort Hall 
     reservation in Idaho to the extent such project is ranked 
     within the established sanitation facility priority ranking 
     system.
       5. Rather than issuing a new solicitation for the small 
     ambulatory grant program in fiscal year 2002, the Service 
     should fund high priority, unfunded projects from the ranked 
     order list generated from the fiscal year 2001 application 
     process.
       6. The Service should establish a reasonably low maximum 
     funding threshold for the small ambulatory grant program so 
     that several projects can be funded under that program each 
     fiscal year. The maximum amount should not be construed as 
     the amount available for each project, and the managers 
     expect that most projects will be funded well below the 
     maximum funding threshold.
       7. The Service should ensure, in evaluating joint venture 
     proposals, that any needed staff quarters are included in 
     tribal construction proposals and that the cost of staff 
     quarters construction and all related costs are funded by the 
     tribe. Once constructed, staff quarters should be self-
     supporting from revenues generated from rental fees. The 
     Service should not be responsible for any construction or 
     subsequent operating costs for staff quarters that are 
     associated with a joint venture.
       The conference agreement includes statutory language that 
     modifies the Senate proposed language on the Bethel, AK 
     hospital staff quarters construction project. The 
     modification permits the use of funds for staff quarters 
     construction for sub-regional clinics in the Bethel area. The 
     managers expect that this authority will be used on a limited 
     basis only to the extent that such sub-regional staff 
     quarters fit within the agreed upon overall cost for the 
     Bethel staff quarters project and that there is no impact on 
     the effort now underway to provide an adequate number of 
     staff quarters at the Bethel hospital.
       The conference agreement also includes statutory language 
     permitting the Service to accept donated land for the St. 
     Paul, AK clinic.

                         Other Related Agencies

              Office of Navajo and Hopi Indian Relocation


                         SALARIES AND EXPENSES

       The conference agreement provides $15,148,000 for salaries 
     and expenses of the Office of Navajo and Hopi Indian 
     Relocation as proposed by the House and the Senate.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        PAYMENT TO THE INSTITUTE

       The conference agreement provides $4,490,000 for payment to 
     the institute as proposed by the House and the Senate.

                        Smithsonian Institution


                         SALARIES AND EXPENSES

       The conference agreement provides $399,253,000 for salaries 
     and expenses at the Smithsonian Institution instead of 
     $396,200,000 as proposed by the House and $401,192,000 as 
     proposed by the Senate. Changes to the House proposed funding 
     levels for fiscal year 2002 are described below.
       An increase of $1,497,000 is provided for the Smithsonian 
     Center for Materials Research and Education. Within this 
     amount, program funding for the Center is restored to the 
     fiscal year 2001 enacted level and an additional $128,000 is 
     included to meet anticipated annual pay costs. The managers 
     expect that no decision will be made on an earlier proposal 
     by Smithsonian management to eliminate this Center, as well 
     as the Conservation Research Center, until the Science 
     Commission has conducted a full evaluation of all science 
     programs at the Institution and reported their findings to 
     the Committees.
       An increase of $26,000 is provided to the National Zoo for 
     the hiring of a curator and preliminary operations and 
     maintenance of the permanent Farm Exhibit, which is scheduled 
     to open to the public in the spring of 2003.
       An increase of $200,000 is provided for the Smithsonian 
     Institution Libraries. This amount was proposed for reduction 
     in the fiscal year 2002 budget estimate, but has been 
     included by the managers in order to maintain the library at 
     the Museum Support Center that supports the Center for 
     Materials Research and Education.
       An amount of $7,200,000 is provided within the 
     Administration line item to continue the Institution's 
     technology initiative. The Senate included $6,000,000 for 
     this work. The House included $7,645,000 for this effort, but 
     within the line item for Institution-wide Programs. The 
     managers expect that the House and Senate Committees on 
     Appropriations will be provided with quarterly reports that 
     detail the Institution's progress with this initiative.
       An increase of $58,000 is included to maintain existing 
     health clinics as proposed by the Senate.
       An increase of $1,743,000 is included for the Office of 
     Protection Services. The budget estimate called for a 
     reduction of the guard force in this amount. In light of 
     recent events, the managers agree that it would not be 
     appropriate to implement this proposal.
       A decrease of $7,645,000 has been taken to the Institution-
     wide Programs line item. This amount was proposed by the 
     House to fund costs associated with the technology 
     initiative. As stated above, the managers recommend an amount 
     of $7,200,000, the budget estimate, for this activity and 
     have provided the funds within the Administration line item, 
     which includes the Office of Technology.
       A general reduction of $26,000 to the House proposed level 
     has been taken to the Administration line item.
       The conference report designates an amount of $37,508,000 
     to remain available until expended for the following 
     activities: the instrumentation program, collections 
     acquisition, exhibition reinstallation, the National Museum 
     of the American Indian and the repatriation of skeletal 
     remains program. The House proposal included no such 
     designation for these activities. The Senate proposal 
     provided $43,713,000 to remain available until expended for 
     the activities listed above, as well as security funding and 
     institution-wide programs.
       The conference report includes bill language proposed by 
     both the House and Senate instructing the Smithsonian to 
     adhere to the reprogramming procedures described in House 
     Report 105-163. In addition, the managers direct the 
     Smithsonian to submit a quarterly report to the House and 
     Senate Committees on Appropriations that displays all 
     redirections of Federal funds, both above and below the 
     reprogramming threshold, for each quarter. By implementing 
     this reporting process, the Committees expect to gain a 
     better and more timely understanding of the Institution's 
     spending priorities throughout the fiscal year. Each of the 
     Bureaus within the Department of the Interior currently 
     submits a similar report.


            REPAIR, RESTORATION AND ALTERATION OF FACILITIES

       The conference agreement provides $67,900,000 for repair, 
     restoration and alteration of facilities as proposed by the 
     House and the Senate.
       The managers direct the Smithsonian to assess its facility 
     maintenance program as a result of the National Academy of 
     Public Administration's recommendations. The Institution 
     should identify the current program, describe the desired 
     state, and provide an implementation plan with resource and 
     organizational requirements needed to achieve the necessary 
     maintenance level. The plan should be reliability based with 
     preventive, predictive, proactive and reactive components 
     utilizing a computer-based maintenance management system. 
     This plan should be submitted to the House and Senate 
     Committees on Appropriations no later than December 15, 2001.


                              CONSTRUCTION

       The conference agreement provides $30,000,000 for 
     construction of the National Museum of the American Indian as 
     proposed by the House, instead of $25,000,000 as proposed by 
     the Senate.

                        National Gallery of Art


                         SALARIES AND EXPENSES

       The conference agreement provides $68,967,000 for salaries 
     and expenses of the National Gallery of Art as proposed by 
     both the House and the Senate.


            REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

       The conference agreement provides $14,220,000 for repair, 
     restoration and renovation of buildings as proposed by both 
     the House and the Senate.

             John F. Kennedy Center for the Performing Arts


                       OPERATIONS AND MAINTENANCE

       The conference agreement provides $15,000,000 for 
     operations and maintenance of the Kennedy Center as proposed 
     by the House and the Senate.


                              CONSTRUCTION

       The conference agreement provides $19,000,000 for 
     construction as proposed by the House and the Senate.

            Woodrow Wilson International Center for Scholars


                         SALARIES AND EXPENSES

       The conference agreement provides $7,796,000 for salaries 
     and expenses of the Woodrow Wilson International Center for 
     Scholars as proposed by the House and the Senate. Funds 
     should be distributed as follows:

Fellowship program...........................................$1,218,000
Scholar support.................................................615,000
Public service................................................2,164,000
General administration........................................1,656,000
Smithsonian fee.................................................208,000
Conference planning...........................................1,770,000
Space...........................................................165,000
                                                       ________________
                                                       
    Total.....................................................7,796,000

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       GRANTS AND ADMINISTRATION

       The conference agreement includes $98,234,000 for grants 
     and administration of the National Endowment for the Arts as 
     proposed by both the House and the Senate. The Challenge 
     America Arts Fund, a separate appropriation administered by 
     the NEA, is funded at $17,000,000, as indicated later in the 
     statement of the managers.

[[Page H6544]]

                 National Endowment for the Humanities


                       GRANTS AND ADMINISTRATION

       The conference agreement provides $108,382,000 for grants 
     and administration of the National Endowment for the 
     Humanities instead of $107,882,000 as proposed by the House 
     and $109,882,000 as proposed by the Senate. Increases above 
     the House funding level include $361,000 for Federal/State 
     partnerships, $217,000 for preservation and access, $155,000 
     for public programs, $145,000 for research programs, and 
     $150,000 for education programs. In agreement with the budget 
     estimate and the Senate proposal, the administration activity 
     is funded at $18,450,000, a reduction of $528,000 from the 
     House level. In addition to funds provided in this account, 
     further appropriations for the NEH are included in the 
     matching grants category below.


                            MATCHING GRANTS

       The conference agreement provides $16,122,000 for matching 
     grants instead of $15,622,000 as proposed by the House and 
     the Senate. The agreement includes an increase of $500,000 
     for regional centers.

                Institute of Museum and Library Services


                       OFFICE OF MUSEUM SERVICES

                       GRANTS AND ADMINISTRATION

       The conference agreement provides $26,899,000 for grants 
     and administration of the Office of Museum Services as 
     proposed by both the House and the Senate.

                      Challenge America Arts Fund


                        CHALLENGE AMERICA GRANTS

       The conference agreement includes $17,000,000 for Challenge 
     America grants as proposed by both the House and the Senate. 
     This account is administered by the National Endowment for 
     the Arts according to all previously authorized requirements 
     and serves to provide additional funding for arts education 
     and outreach activities in rural and underserved areas.

                        Commission of Fine Arts


                         SALARIES AND EXPENSES

       The conference agreement provides $1,224,000 for salaries 
     and expenses of the Commission of Fine Arts instead of 
     $1,274,000 as proposed by the House and $1,174,000 as 
     proposed by the Senate. The conference agreement does not 
     include $100,000 for the management of a competitive grants 
     program as proposed in the budget estimate and proposed by 
     the House. The $50,000 increase above the Senate proposed 
     funding level is intended to meet the cost of 
     technological improvements, such as equipment and the 
     development of a web page, that will enable the Commission 
     to have direct communication with the public. Given the 
     significant public projects that come before the 
     Commission, such as the World War II Memorial, the 
     managers believe it is in the public interest to provide 
     better access to the Commission's activities and 
     decisions.

               National Capital Arts and Cultural Affairs

       The conference agreement provides $7,000,000 for National 
     Capital Arts and Cultural Affairs as proposed by both the 
     House and the Senate.

               Advisory Council on Historic Preservation


                         SALARIES AND EXPENSES

       The conference agreement provides $3,400,000 for salaries 
     and expenses of the Advisory Council on Historic Preservation 
     as proposed by the House instead of $3,310,000 as proposed by 
     the Senate.

                  National Capital Planning Commission


                         SALARIES AND EXPENSES

       The conference agreement provides $7,253,000 for salaries 
     and expenses of the National Capital Planning Commission as 
     proposed by both the House and the Senate.

                United States Holocaust Memorial Museum


                       HOLOCAUST MEMORIAL MUSEUM

       The conference agreement provides $36,028,000 for the 
     Holocaust Memorial Museum as proposed by the House and the 
     Senate.

                             Presidio Trust


                          PRESIDIO TRUST FUND

       The conference agreement provides $23,125,000 for the 
     Presidio Trust Fund as proposed by the Senate instead of 
     $22,427,000 as proposed by the House.

                     TITLE III--GENERAL PROVISIONS

       The conference agreement includes sections 301, and the 
     text of sections 314 through 317, and 320 through 322, which 
     were identical in both the House and the Senate bills, 
     although section numbers have been changed in some cases in 
     the conference agreement.
       The conference agreement includes House sections 302 
     through 307, 309, 311, 318, 324, 325, and 330. Identical 
     language was proposed by the Senate in sections 303 through 
     308, 310, 312, 319, 325, 326, and 332.
       Section 308 retains the text of section 309 as proposed by 
     the Senate concerning a pedestrian bridge between New Jersey 
     and Ellis Island. The House had similar language in section 
     308, but included text carried in last year's law.
       Section 310 retains the text of section 311 as proposed by 
     the Senate, which limits payments for contract support costs 
     for the Bureau of Indian Affairs and the Indian Health 
     Service. The text of section 310 as proposed by the House is 
     identical except for the use of capitalization.
       Section 312 modifies language in section 312 as proposed by 
     the House concerning an extension of the recreational fee 
     demonstration program. The managers have agreed to a two year 
     extension of this program through fiscal year 2004 rather 
     than the four year extension recommended by the House. The 
     managers have provided this extension to allow the 
     authorizing committees with jurisdiction to continue their 
     assessment of this program and to provide for a permanent 
     solution to this issue. The managers strongly encourage the 
     authorizing committees to address this matter forthwith so 
     short-term extensions via the appropriations process are no 
     longer germane. The managers have also modified the House 
     language by deleting subsection (e), which extended the 
     program to certain Forest Service special use permits. The 
     managers recommend that the authorizing committees examine 
     various options in this regard. The managers have retained 
     language proposed by the House and contained in Senate 
     recommended section 313 concerning the use of receipts from 
     this program to construct permanent structures when the total 
     cost of the facility exceeds $500,000. The managers note that 
     the recreational fee demonstration program has generated 
     substantial revenue, which has made a major impact on many 
     parks, forests, refuges and public land units. By the end of 
     fiscal year 2002, the program will have generated $937 
     million for the four participating agencies. The managers 
     continue to believe that a user fee program, which focuses 
     the fees directly to local, on-the-ground improvements, is an 
     essential tool to help fund major Federal recreational 
     assets. The managers expect the agencies implementing this 
     program to focus on public service, to work closely with 
     local communities and the recreational industry, and to use 
     the receipts to enhance visitor services and reduce the 
     backlog in deferred maintenance.
       Section 317 retains the text of section 318 as proposed by 
     the Senate prohibiting the Forest Service from expending or 
     obligating appropriations in the Act to complete and issue 
     the 5-year program under the Forest and Rangeland Renewable 
     Resources Planning Act. The House had no similar provision.
       Section 319 retains the text of section 319 as proposed by 
     the House prohibiting the use of funds in the Act for GSA 
     Telecommunication Centers. The Senate had no similar 
     provision.
       Section 323 retains the text of section 323 as proposed by 
     the Senate. The language as proposed by the House in section 
     323 differed only in reference to fiscal years.
       Section 326 retains the text of section 326 as proposed by 
     the House which gives preference to dislocated workers for 
     certain restoration contracts in the Giant Sequoia National 
     Monument and the Sequoia National Forest. Section 329 as 
     proposed by the Senate consisted of virtually identical text, 
     except for language extending the length of authorization.
       Section 327 modifies the text of section 327 as proposed by 
     the House which provides that the Secretary of Agriculture 
     shall not be considered to be in violation of subparagraph 
     6(f)(5)(A) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 solely because more than fifteen years 
     have passed without revision of the plan, including its 
     accompanying documents, for a unit of the National Forest 
     System. It is the managers' intent that the passage of more 
     than 15 years without revision of a plan for a unit of the 
     National Forest System shall not, in and of itself, cause a 
     violation of the National Environmental Policy Act (NEPA) (43 
     U.S.C. 4332). Instead, the standards at 40 C.F.R. 1502.9(c) 
     and project-level NEPA requirements shall govern when a 
     supplemental or additional environmental impact statement is 
     required. It is the responsibility of the court to determine 
     whether the good faith requirement of this section has been 
     met and, if not, to order an accelerated schedule for plan 
     revision. The managers understand that all plans for units of 
     the National Forest System that will be revised during fiscal 
     year 2002 will be revised pursuant to current rules (36 
     C.F.R. Part 219 and Part 217). Given the intense interest in 
     the Administration's ongoing revision of forest planning 
     rules, the managers intend that this section will be in 
     effect for only one year. It is the managers' understanding 
     that the authorizing Committees must consider legislation 
     regarding this issue in the near future. The managers direct 
     the Forest Service to provide a detailed report to the House 
     and Senate Committees on Appropriations by January 31, 2002, 
     describing the status and activities regarding each National 
     forest unit land management plan. The report shall also 
     include a plan and schedule, along with funding needs, to 
     complete the forest plan revision process. The Senate had no 
     similar provision.
       Section 328 retains the text of section 328 as proposed by 
     the House, which clarifies the requirement for mutually 
     significant benefits when the Forest Service conducts 
     cooperative agreements. The Senate had no similar provision.
       Section 329 includes a minor technical modification of 
     section 329 as proposed by the House concerning the 
     conveyance of excess properties by the Forest Service. The 
     Senate had no similar provision.
       Section 330 retains the text of section 331 as proposed by 
     the House which amends section 323 of the fiscal year 1999 
     Interior and Related Agencies Appropriations Act by extending 
     for four years the cooperative agreements authority, thereby 
     allowing the Forest Service to enter into cooperative 
     agreements with willing Federal, tribal, State,

[[Page H6545]]

     and local governments, private and non-profit entities and 
     landowners to implement watershed restoration agreements both 
     on and near National forest system lands. Section 331 as 
     proposed by the Senate was composed of similar language, but 
     differed in length of authorization.
       Section 331 retains the text of section 333 as proposed by 
     the House that prohibits oil, natural gas and mining related 
     activities within current National Monument boundaries. The 
     Senate proposed similar language in section 128 under General 
     Provisions, Department of the Interior.
       Section 332 modifies the text of section 327 as proposed by 
     the Senate expanding the number of stewardship end result 
     contracts available to the Forest Service. The modified 
     language extends the duration of the contracts by two years. 
     The House had no similar provision.
       Section 333 retains the text of section 328 as proposed by 
     the Senate requiring that regulations and policies issued by 
     the Departments of the Interior or Agriculture regarding cost 
     recovery for processing authorizations adhere and incorporate 
     a specific principle arising from Office of Management and 
     Budget Circular, A-25. The House had no similar provision.
       Section 334 modifies section 330 as proposed by the Senate 
     regarding a cabin within the boundary of the Custer National 
     Forest. After considering the special and unique 
     circumstances surrounding the use of this facility, the 
     managers agree to a provision that requires issuance of a 
     special use permit to Montana State University--Billings for 
     use of this cabin for a 20-year term, with a proviso for a 
     review of the cabin's use after 10 years. The managers expect 
     the agency to administer the permit in a manner that allows 
     the University to utilize the cabin's location for suitable 
     educational programs while recognizing the ecological and 
     cultural values associated with the cabin's location and 
     historical significance. The permit shall restrict use of the 
     cabin to educational and scientific activities overseen by 
     the University and necessary maintenance related to these 
     activities consistent with the cabin's location. The 
     managers expect the Forest Service to oversee the special 
     use permit under current standards to ensure the cabin's 
     use is consistent with this provision. The managers note 
     that the issuance of this special use permit to bolster 
     educational programs, while providing an opportunity to 
     further enhance resource management in the area, shall not 
     be deemed to set precedent for other structures within the 
     national forest system.
       Section 336 retains the text of section 334 as proposed by 
     the Senate, which modifies the Steel Loan Guarantee program. 
     The House had no similar provision.
       The conference agreement does not include language as 
     proposed by the Senate in section 302 concerning the leasing 
     of oil and natural gas on public lands within the Shawnee 
     National Forest, Illinois, or in section 324 prohibiting the 
     use of funds for the Kyoto Protocol, or in section 333 which 
     exempted residents within the boundaries of the White 
     Mountain National Forest from the recreation fee program. The 
     House had no similar provisions.
       The conference agreement does not include language proposed 
     by the House in section 313 making a provision permanent that 
     exempts properties administered by the Presidio Trust from 
     certain taxes and assessments, since this provision was made 
     permanent in the fiscal year 2001 Interior Appropriations 
     Act, or in section 332 that prohibits funding for anyone 
     convicted of violating the ``Buy American Act,'' or in 
     section 334 that would have prohibited the use of funds to 
     execute a final lease agreement for oil and gas development 
     in the area of the Gulf of Mexico known as Lease Sale 181, or 
     in section 335 dealing with a limitation of funds for 
     revising hardrock mining regulation. The Senate had no 
     similar provisions.

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[[Page H6568]]

                   CONFERENCE TOTAL--WITH COMPARISONS

       The total new budget (obligational) authority for the 
     fiscal year 2002 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2001 amount, the 2002 
     budget estimates, and the House and Senate bills for 2002 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2001.......$18,892,320
Budget estimates of new (obligational) authority, fiscal year18,072,635
House bill, fiscal year 2002.................................18,863,855
Senate bill, fiscal year 2002................................18,644,035
Conference agreement, fiscal year 2002.......................19,078,220
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2001........+185,900
  Budget estimates of new (obligational) authority, fiscal ye+1,005,585
  House bill, fiscal year 2002.................................+214,365
  Senate bill, fiscal year 2002................................+414,185

     Joe Skeen,
     Ralph Regula,
     Jim Kolbe,
     Charles H. Taylor,
     George R. Nethercutt, Jr.,
     Zach Wamp,
     Jack Kingston,
     John E. Peterson,
     Bill Young,
     Norman D. Dicks,
     John P. Murtha,
     James P. Moran,
     Maurice Hinchey,
     Martin Olav Sabo,
     David Obey,
                                Managers on the Part of the House.

     Robert Byrd,
     Patrick Leahy,
     Ernest F. Hollings,
     Harry Reid,
     Byron L. Dorgan,
     Dianne Feinstein,
     Patty Murray,
     Daniel K. Inouye,
     Conrad Burns,
     Ted Stevens,
     Thad Cochran,
     Pete V. Domenici,
     Robert F. Bennett,
     Judd Gregg,
     Ben Nighthorse Campbell,
     Managers on the Part of the Senate.

                          ____________________