[Congressional Record Volume 148, Number 110 (Wednesday, September 4, 2002)]
[Senate]
[Pages S8206-S8229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4472. Mr. BYRD proposed an amendment to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
as follows:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Department 
     of the Interior and related agencies for the fiscal year 
     ending September 30, 2003, and for other purposes, namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources

       For expenses necessary for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their resources under the jurisdiction of the Bureau of 
     Land Management, including the general administration of the 
     Bureau, and assessment of mineral potential of public lands 
     pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
     $816,062,000, to remain available until expended, of which 
     $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; 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 2003 subject to a match by at least an equal amount by 
     the National Fish and Wildlife Foundation, to such Foundation 
     for cost-shared projects supporting conservation of Bureau 
     lands and such funds shall be advanced to the Foundation as a 
     lump sum grant without regard to when expenses are incurred; 
     in addition, $32,696,000 for Mining Law Administration 
     program operations, including the cost of administering the 
     mining claim fee program; to remain available until expended, 
     to be reduced by amounts collected by the Bureau and credited 
     to this appropriation from annual mining claim fees so as to 
     result in a final appropriation estimated at not more than 
     $821,062,000, 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, 
     $31,028,000 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.


                        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, $544,254,000, 
     to remain available until expended, of which not to exceed 
     $12,374,000 shall be for the renovation or construction of 
     fire facilities: Provided, That such funds are also available 
     for repayment of advances to other appropriation accounts 
     from which funds were previously transferred for such 
     purposes: Provided further, That persons hired pursuant to 43 
     U.S.C. 1469 may be furnished subsistence and lodging without 
     cost from funds available from this appropriation: Provided 
     further, That notwithstanding 42 U.S.C. 1856d, sums received 
     by a bureau or office of the Department of the Interior for 
     fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
     protection of United States property, may be credited to the 
     appropriation from which funds were expended to provide that 
     protection, and are available without fiscal year limitation: 
     Provided further, That using the amounts designated under 
     this title of this Act, the Secretary of the Interior may 
     enter into procurement contracts, grants, or cooperative 
     agreements, for hazardous fuels reduction activities, and for 
     training and monitoring associated with such hazardous fuels 
     reduction activities, on Federal land, or on adjacent non-
     Federal land for activities that benefit resources on Federal 
     land: Provided further, That the costs of implementing any 
     cooperative agreement between the Federal government and any 
     non-Federal entity may be shared, as mutually agreed on by 
     the affected parties: Provided further, That in entering into 
     such grants or cooperative agreements, the Secretary may 
     consider the enhancement of local and small business 
     employment opportunities for rural communities, and that in 
     entering into procurement contracts under this section on a 
     best value basis, the Secretary may take into account the 
     ability of an entity to enhance local and small business 
     employment opportunities in rural communities, and that the 
     Secretary may award procurement contracts, grants, or 
     cooperative agreements under this section to entities that 
     include local non-profit entities, Youth Conservation Corps 
     or related partnerships, or small or disadvantaged 
     businesses: Provided further, That funds appropriated under 
     this head may be used to reimburse the United States Fish and 
     Wildlife Service and the National Marine Fisheries Service 
     for the costs of carrying out their responsibilities under 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
     to consult and conference, as required by section 7 of such 
     Act in connection with wildland fire management activities.
       For an additional amount to cover necessary expenses for 
     emergency rehabilitation and wildfire suppression by the 
     Department of the Interior, $110,000,000, to remain available 
     until expended: 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 
     $110,000,000 shall be available only to the extent an 
     official budget request, that includes designation of the 
     $110,000,000 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, $12,976,000, to 
     remain available until expended.


                       payments in lieu of taxes

       For expenses necessary to implement the Act of October 20, 
     1976, as amended (31 U.S.C. 6901-6907), $220,000,000, of 
     which not to exceed $400,000 shall be available for 
     administrative expenses and of which $100,000,000 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, $38,734,000, 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; $105,633,000, to remain available until 
     expended: Provided, That 25 percent of the aggregate of all 
     receipts during the current fiscal year from the revested 
     Oregon and California Railroad grant lands is hereby made a 
     charge against the Oregon and California land-grant fund and 
     shall be transferred to the General Fund in the Treasury

[[Page S8207]]

     in accordance with the second paragraph of subsection (b) of 
     title II of the Act of August 28, 1937 (50 Stat. 876).


               forest ecosystems health and recovery fund

                   (revolving fund, special account)

       In addition to the purposes authorized in Public Law 102-
     381, funds made available in the Forest Ecosystem Health and 
     Recovery Fund can be used for the purpose of planning, 
     preparing, implementing and monitoring salvage timber sales 
     and forest ecosystem health and recovery activities such as 
     release from competing vegetation and density control 
     treatments. The Federal share of receipts (defined as the 
     portion of salvage timber receipts not paid to the counties 
     under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and 
     Public Law 106-393) derived from treatments funded by this 
     account shall be deposited into the Forest Ecosystem Health 
     and Recovery Fund.


                           range improvements

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


               service charges, deposits, and forfeitures

       For administrative expenses and other costs related to 
     processing application documents and other authorizations for 
     use and disposal of public lands and resources, for costs of 
     providing copies of official public land documents, for 
     monitoring construction, operation, and termination of 
     facilities in conjunction with use authorizations, and for 
     rehabilitation of damaged property, such amounts as may be 
     collected under Public Law 94-579, as amended, and Public Law 
     93-153, to remain available until expended: Provided, That 
     notwithstanding any provision to the contrary of section 
     305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys 
     that have been or will be received pursuant to that section, 
     whether as a result of forfeiture, compromise, or settlement, 
     if not appropriate for refund pursuant to section 305(c) of 
     that Act (43 U.S.C. 1735(c)), shall be available and may be 
     expended under the authority of this Act by the Secretary to 
     improve, protect, or rehabilitate any public lands 
     administered through the Bureau of Land Management which have 
     been damaged by the action of a resource developer, 
     purchaser, permittee, or any unauthorized person, without 
     regard to whether all moneys collected from each such action 
     are used on the exact lands damaged which led to the action: 
     Provided further, That any such moneys that are in excess of 
     amounts needed to repair damage to the exact land for which 
     funds were collected may be used to repair other damaged 
     public lands.


                       miscellaneous trust funds

       In addition to amounts authorized to be expended under 
     existing laws, there is hereby appropriated such amounts as 
     may be contributed under section 307 of the Act of October 
     21, 1976 (43 U.S.C. 1701), and such amounts as may be 
     advanced for administrative costs, surveys, appraisals, and 
     costs of making conveyances of omitted lands under section 
     211(b) of that Act, to remain available until expended.


                       administrative provisions

       Appropriations for the Bureau of Land Management shall be 
     available for purchase, erection, and dismantlement of 
     temporary structures, and alteration and maintenance of 
     necessary buildings and appurtenant facilities to which the 
     United States has title; up to $100,000 for payments, at the 
     discretion of the Secretary, for information or evidence 
     concerning violations of laws administered by the Bureau; 
     miscellaneous and emergency expenses of enforcement 
     activities authorized or approved by the Secretary and to be 
     accounted for solely on her certificate, not to exceed 
     $10,000: Provided, That notwithstanding 44 U.S.C. 501, the 
     Bureau may, under cooperative cost-sharing and partnership 
     arrangements authorized by law, procure printing services 
     from cooperators in connection with jointly produced 
     publications for which the cooperators share the cost of 
     printing either in cash or in services, and the Bureau 
     determines the cooperator is capable of meeting accepted 
     quality standards.

                United States Fish and Wildlife Service


                          resource management

       For necessary expenses of the United States Fish and 
     Wildlife Service, for scientific and economic studies, 
     conservation, management, investigations, protection, and 
     utilization of fishery and wildlife resources, except whales, 
     seals, and sea lions, maintenance of the herd of long-horned 
     cattle on the Wichita Mountains Wildlife Refuge, general 
     administration, and for the performance of other authorized 
     functions related to such resources by direct expenditure, 
     contracts, grants, cooperative agreements and reimbursable 
     agreements with public and private entities, $924,620,000, to 
     remain available until September 30, 2004, except as 
     otherwise provided herein, of which $120,729,000 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 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 $4,000,000 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 $10,000,000 
     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 $5,000,000 shall be 
     used for any activity regarding the designation of critical 
     habitat, pursuant to subsection (a)(3), excluding litigation 
     support, for species already listed pursuant to subsection 
     (a)(1) as of the date of enactment this Act: Provided 
     further, That of the amount available for law enforcement, up 
     to $400,000 to remain available until expended, may at the 
     discretion of the Secretary, be used for payment for 
     information, rewards, or evidence concerning violations of 
     laws administered by the Service, and miscellaneous and 
     emergency expenses of enforcement activity, authorized or 
     approved by the Secretary and to be accounted for solely on 
     her certificate: Provided further, That of the amount 
     provided for environmental contaminants, up to $1,000,000 may 
     remain available until expended for contaminant sample 
     analyses.


                              construction

       For construction, improvement, acquisition, or removal of 
     buildings and other facilities required in the conservation, 
     management, investigation, protection, and utilization of 
     fishery and wildlife resources, and the acquisition of lands 
     and interests therein; $42,182,000, to remain available until 
     expended: Provided, That notwithstanding any other provision 
     of law, a single procurement for the construction of the 
     Kodiak National Wildlife Refuge visitor center may be issued 
     which includes the full scope of the project: Provided 
     further, That the solicitation and the contract shall contain 
     the clause ``availability of funds'' found at 48 CFR 
     52.232.18.

                            land acquisition

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of land or waters, or interest therein, in 
     accordance with statutory authority applicable to the United 
     States Fish and Wildlife Service, $89,055,000, to be derived 
     from the Land and Water Conservation Fund, to remain 
     available until expended, and to be for the conservation 
     activities defined in section 250(c)(4)(E) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     for the purposes of such Act: Provided, That none of the 
     funds appropriated for specific land acquisition projects can 
     be used to pay for any administrative overhead, planning or 
     other management costs.


                      landowner incentive program

       For administrative expenses associated with a Landowner 
     Incentive Program established in Public Law 107-63, $600,000, 
     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.


                           stewardship grants

       For administrative expenses associated with a Private 
     Stewardship Program established in Public Law 107-63, 
     $200,000, 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.


            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, $99,400,000, 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

[[Page S8208]]

     amended, $43,560,000, to remain available until expended and 
     to be for the conservation activities defined in section 
     250(c)(4)(E) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of such 
     Act.


                neotropical migratory bird conservation

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


                multinational species conservation fund

       For expenses necessary to carry out the African Elephant 
     Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 
     4241-4245, and 1538), the Asian Elephant Conservation Act of 
     1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros 
     and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), and 
     the Great Ape Conservation Act of 2000 (16 U.S.C. 6301), 
     $5,500,000, to remain available until expended.


                    state and tribal wildlife grants

       For wildlife conservation grants to States and to the 
     District of Columbia, Puerto Rico, Guam, the United States 
     Virgin Islands, the Northern Mariana Islands, American Samoa, 
     and federally recognized Indian tribes under the provisions 
     of the Fish and Wildlife Act of 1956 and the Fish and 
     Wildlife Coordination Act, for the development and 
     implementation of programs for the benefit of wildlife and 
     their habitat, including species that are not hunted or 
     fished, $60,000,000, to be derived from the Land and Water 
     Conservation Fund, to remain available until expended, and to 
     be for the conservation activities defined in section 
     250(c)(4)(E) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of such 
     Act: Provided, That of the amount provided herein, $5,000,000 
     is for a competitive grant program for Indian tribes not 
     subject to the remaining provisions of this appropriation: 
     Provided further, That the Secretary shall, after deducting 
     said $5,000,000 and administrative expenses, apportion the 
     amount provided herein in the following manner: (A) to the 
     District of Columbia and to the Commonwealth of Puerto Rico, 
     each a sum equal to not more than one-half of 1 percent 
     thereof: and (B) to Guam, American Samoa, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands, each a sum equal to not more than one-fourth of 1 
     percent thereof: Provided further, That the Secretary shall 
     apportion the remaining amount in the following manner: (A) 
     one-third of which is based on the ratio to which the land 
     area of such State bears to the total land area of all such 
     States; and (B) two-thirds of which is based on the ratio to 
     which the population of such State bears to the total 
     population of all such States: Provided further, That the 
     amounts apportioned under this paragraph shall be adjusted 
     equitably so that no State shall be apportioned a sum which 
     is less than 1 percent of the amount available for 
     apportionment under this paragraph for any fiscal year or 
     more than 5 percent of such amount: Provided further, That 
     the Federal share of planning grants shall not exceed 75 
     percent of the total costs of such projects and the Federal 
     share of implementation grants shall not exceed 50 percent of 
     the total costs of such projects: Provided further, That the 
     non-Federal share of such projects may not be derived from 
     Federal grant programs: Provided further, That no State, 
     territory, or other jurisdiction shall receive a grant unless 
     it has developed, or committed to develop by October 1, 2005, 
     a comprehensive wildlife conservation plan, consistent with 
     criteria established by the Secretary of the Interior, that 
     considers the broad range of the State, territory, or other 
     jurisdiction's wildlife and associated habitats, with 
     appropriate priority placed on those species with the 
     greatest conservation need and taking into consideration the 
     relative level of funding available for the conservation of 
     those species: Provided further, That any amount apportioned 
     in 2003 to any State, territory, or other jurisdiction that 
     remains unobligated as of September 30, 2004, shall be 
     reapportioned, together with funds appropriated in 2005, in 
     the manner provided herein.


                       administrative provisions

       Appropriations and funds available to the United States 
     Fish and Wildlife Service shall be available for purchase of 
     not to exceed 102 passenger motor vehicles, of which 75 are 
     for replacement only (including 39 for police-type use); 
     repair of damage to public roads within and adjacent to 
     reservation areas caused by operations of the Service; 
     options for the purchase of land at not to exceed $1 for each 
     option; facilities incident to such public recreational uses 
     on conservation areas as are consistent with their primary 
     purpose; and the maintenance and improvement of aquaria, 
     buildings, and other facilities under the jurisdiction of the 
     Service and to which the United States has title, and which 
     are used pursuant to law in connection with management and 
     investigation of fish and wildlife resources: Provided, That 
     notwithstanding 44 U.S.C. 501, the Service may, under 
     cooperative cost sharing and partnership arrangements 
     authorized by law, procure printing services from cooperators 
     in connection with jointly produced publications for which 
     the cooperators share at least one-half the cost of printing 
     either in cash or services and the Service determines the 
     cooperator is capable of meeting accepted quality standards: 
     Provided further, That the Service may accept donated 
     aircraft as replacements for existing aircraft: Provided 
     further, That the United States Fish and Wildlife Service is 
     authorized to grant $500,000 appropriated in Public Law 107-
     63 for land acquisition to the Narragansett Indian Tribe for 
     acquisition of the Great Salt Pond burial tract: 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 House Report 107-63.

                         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, 
     $1,585,065,000, of which $6,878,000 for planning and 
     interagency coordination in support of Everglades restoration 
     shall remain available until expended; of which $90,280,000, 
     to remain available until September 30, 2004, is for 
     maintenance repair or rehabilitation projects for constructed 
     assets, operation of the National Park Service automated 
     facility management software system, and comprehensive 
     facility condition assessments; of which not less than 
     $9,000,000 is for reimbursement of the United States 
     Geological Survey for conduct of National Park Service 
     natural resource challenge activities; and of which 
     $4,000,000 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.


                       United States Park Police

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


                  national recreation and preservation

       For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, heritage partnership 
     programs, environmental compliance and review, international 
     park affairs, statutory or contractual aid for other 
     activities, and grant administration, not otherwise provided 
     for, $62,828,000.


                     urban park and recreation fund

       For expenses necessary to carry out the provisions of the 
     Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 
     2501 et seq.), $10,000,000, 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), $67,000,000, to be derived from the Historic 
     Preservation Fund, to remain available until September 30, 
     2004, and to be for the conservation activities defined in 
     section 250(c)(4)(E) of the Balanced Budget and Emergency 
     Deficit Control Control Act of 1985, as amended, for the 
     purposes of such Act: Provided, That of the total amount 
     provided, $30,000,000 shall be for Save America's Treasures 
     for priority preservation projects of nationally significant 
     sites, structures, and artifacts: Provided further, That any 
     individual Save America's Treasures grant shall be matched by 
     non-Federal funds: Provided further, That individual projects 
     shall only be eligible for one grant, and all projects to be 
     funded shall be approved by the House and Senate Committees 
     on Appropriations prior to the commitment of grant funds: 
     Provided further, That Save America's Treasures funds 
     allocated for Federal projects shall be available by transfer 
     to appropriate accounts of individual agencies, after 
     approval of such projects by the Secretary of the Interior, 
     in consultation with the President's Committee on the Arts 
     and Humanities: 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, $361,915,000, to remain available 
     until expended, of which

[[Page S8209]]

     $1,250,000 for the Eaker Site National Historic Landmark, 
     $2,500,000 for the Virginia City Historic District, and 
     $1,250,000 for the Fort Osage National Historic Landmark 
     shall be derived from the Historic Preservation Fund pursuant 
     to 16 U.S.C. 470a, and of which $132,058,000 is for 
     conservation activities defined in section 250(c)(4)(E) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, for the purposes of such Act.


                    land and water conservation fund

                              (rescission)

       The contract authority provided for fiscal year 2003 by 16 
     U.S.C. 460l-10a are 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, $238,205,000, 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: Provided, That of the amounts provided 
     under this heading, $20,000,000 may be for Federal grants, 
     including Federal administrative expenses, to the State of 
     Florida for the acquisition of lands or waters, or interests 
     therein, within the Everglades watershed (consisting of lands 
     and waters within the boundaries of the South Florida Water 
     Management District, Florida Bay and the Florida Keys, 
     including the areas known as the Frog Pond, the Rocky Glades 
     and the Eight and One-Half Square Mile Area) under terms and 
     conditions deemed necessary by the Secretary to improve and 
     restore the hydrological function of the Everglades 
     watershed: Provided further, That funds provided under this 
     heading for assistance to the State of Florida to acquire 
     lands within the Everglades watershed are contingent upon new 
     matching non-Federal funds by the State, or are matched by 
     the State pursuant to the cost-sharing provisions of section 
     316(b) of Public Law 104-303, and shall be subject to an 
     agreement that the lands to be acquired will be managed in 
     perpetuity for the restoration of the Everglades: Provided 
     further, That none of the funds provided for the State 
     Assistance program may be used to establish a contingency 
     fund.


                       administrative provisions

       Appropriations for the National Park Service shall be 
     available for the purchase of not to exceed 315 passenger 
     motor vehicles, of which 273 shall be for replacement only, 
     including not to exceed 226 for police-type use, 10 buses, 
     and 8 ambulances: Provided, That none of the funds 
     appropriated to the National Park Service may be used to 
     process any grant or contract documents which do not include 
     the text of 18 U.S.C. 1913: Provided further, That none of 
     the funds appropriated to the National Park Service may be 
     used to implement an agreement for the redevelopment of the 
     southern end of Ellis Island until such agreement has been 
     submitted to the Congress and shall not be implemented prior 
     to the expiration of 30 calendar days (not including any day 
     in which either House of Congress is not in session because 
     of adjournment of more than 3 calendar days to a day certain) 
     from the receipt by the Speaker of the House of 
     Representatives and the President of the Senate of a full and 
     comprehensive report on the development of the southern end 
     of Ellis Island, including the facts and circumstances relied 
     upon in support of the proposed project.
       The National Park Service may distribute to operating units 
     based on the safety record of each unit the costs of programs 
     designed to improve workplace and employee safety, and to 
     encourage employees receiving workers' compensation benefits 
     pursuant to chapter 81 of title 5, United States Code, to 
     return to appropriate positions for which they are medically 
     able.
       Notwithstanding any other provision of law, in fiscal year 
     2003 and thereafter, sums provided to the National Park 
     Service by private entities for utility services shall be 
     credited to the appropriate account and remain available 
     until expended: Provided, That heretofore and hereafter, in 
     carrying out the work under reimbursable agreements with any 
     State, local or tribal government, the National Park Service 
     may, without regard to 31 U.S.C. 1341 or any other provision 
     of law or regulation, record obligations against accounts 
     receivable from such entities, and shall credit amounts 
     received from such entities to the appropriate account, such 
     credit to occur within 90 days of the date of the original 
     request by the National Park Service for payment.

                    United States Geological Survey


                 surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, biology, and the 
     mineral and water resources of the United States, its 
     territories and possessions, and other areas as authorized by 
     43 U.S.C. 31, 1332, and 1340; classify lands as to their 
     mineral and water resources; give engineering supervision to 
     power permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); and publish and disseminate data relative to the 
     foregoing activities; and to conduct inquiries into the 
     economic conditions affecting mining and materials processing 
     industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
     related purposes as authorized by law and to publish and 
     disseminate data; $926,667,000, of which $64,974,000 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 $22,623,000 shall be available until 
     September 30, 2004, for the operation and maintenance of 
     facilities and deferred maintenance; and of which 
     $172,227,000 shall be available until September 30, 2004, for 
     the biological research activity and the operation of the 
     Cooperative Research Units; and of which $4,000,000 shall 
     remain available until expended for interagency research, 
     planning, monitoring, and assessment, for everglades 
     restoration: 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, $35,000,000 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 provision

       The amount appropriated for the United States Geological 
     Survey shall be available for the purchase of not to exceed 
     53 passenger motor vehicles, of which 48 are for replacement 
     only; reimbursement to the General Services Administration 
     for security guard services; contracting for the furnishing 
     of topographic maps and for the making of geophysical or 
     other specialized surveys when it is administratively 
     determined that such procedures are in the public interest; 
     construction and maintenance of necessary buildings and 
     appurtenant facilities; acquisition of lands for gauging 
     stations and observation wells; expenses of the United States 
     National Committee on Geology; and payment of compensation 
     and expenses of persons on the rolls of the Survey duly 
     appointed to represent the United States in the negotiation 
     and administration of interstate compacts: Provided, That 
     activities funded by appropriations herein made may be 
     accomplished through the use of contracts, grants, or 
     cooperative agreements as defined in 31 U.S.C. 6302 et seq.

                      Minerals Management Service

                royalty and offshore minerals management

       For expenses necessary for minerals leasing and 
     environmental studies, regulation of industry operations, and 
     collection of royalties, as authorized by law; for enforcing 
     laws and regulations applicable to oil, gas, and other 
     minerals leases, permits, licenses and operating contracts; 
     and for matching grants or cooperative agreements; including 
     the purchase of not to exceed eight passenger motor vehicles 
     for replacement only, $166,322,000, of which $83,284,000, 
     shall be available for royalty management activities; and an 
     amount not to exceed $100,230,000, to be credited to this 
     appropriation and to remain available until expended, from 
     additions to receipts resulting from increases to rates in 
     effect on August 5, 1993, from rate increases to fee 
     collections for Outer Continental Shelf administrative 
     activities performed by the Minerals Management Service over 
     and above the rates in effect on September 30, 1993, and from 
     additional fees for Outer Continental Shelf administrative 
     activities established after September 30, 1993: Provided, 
     That to the extent $100,230,000 in additions to receipts are 
     not realized from the sources of receipts stated above, the 
     amount needed to reach $100,230,000 shall be credited to this 
     appropriation from receipts resulting from rental rates for 
     Outer Continental Shelf leases in effect before August 5, 
     1993: Provided further, That $3,000,000 for computer 
     acquisitions shall remain available until September 30, 2004: 
     Provided further, That funds appropriated under this Act 
     shall be available for the payment of interest in accordance 
     with 30 U.S.C. 1721(b) and (d): Provided further, That not to 
     exceed $3,000 shall be available for reasonable expenses 
     related to promoting volunteer beach and marine cleanup 
     activities: Provided further, That notwithstanding any other 
     provision of law, $15,000 under this heading shall be 
     available for refunds of overpayments in connection with 
     certain Indian leases in which the Director of the Minerals 
     Management Service (MMS) concurred with the claimed refund 
     due, to pay amounts owed to Indian allottees or tribes, or to 
     correct prior unrecoverable erroneous payments: Provided 
     further, That MMS may under the royalty-in-kind pilot 
     program, or under its authority to transfer oil to the 
     Strategic Petroleum Reserve, use a portion of the revenues 
     from royalty-in-kind sales, without regard to fiscal year 
     limitation, to pay for transportation to wholesale market 
     centers or upstream pooling points, to process or otherwise 
     dispose of royalty

[[Page S8210]]

     production taken in kind, and to recover MMS transportation 
     costs, salaries, and other administrative costs directly 
     related to filling the Strategic Petroleum Reserve: Provided 
     further, That MMS shall analyze and document the expected 
     return in advance of any royalty-in-kind sales to assure to 
     the maximum extent practicable that royalty income under the 
     pilot program is equal to or greater than royalty income 
     recognized under a comparable royalty-in-value program.


                           oil spill research

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

          Office of Surface Mining Reclamation and Enforcement


                       regulation and technology

       For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, including the purchase of not to 
     exceed 10 passenger motor vehicles, for replacement only; 
     $105,092,000: Provided, That the Secretary of the Interior, 
     pursuant to regulations, may use directly or through grants 
     to States, moneys collected in fiscal year 2003 for civil 
     penalties assessed under section 518 of the Surface Mining 
     Control and Reclamation Act of 1977 (30 U.S.C. 1268), to 
     reclaim lands adversely affected by coal mining practices 
     after August 3, 1977, to remain available until expended: 
     Provided further, That appropriations for the Office of 
     Surface Mining Reclamation and Enforcement may provide for 
     the travel and per diem expenses of State and tribal 
     personnel attending Office of Surface Mining Reclamation and 
     Enforcement sponsored training.


                    abandoned mine reclamation fund

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     as amended, including the purchase of not more than 10 
     passenger motor vehicles for replacement only, $191,745,000, 
     to be derived from receipts of the Abandoned Mine Reclamation 
     Fund and to remain available until expended; of which up to 
     $10,000,000, to be derived from the Federal Expenses Share of 
     the Fund, shall be for supplemental grants to States for the 
     reclamation of abandoned sites with acid mine rock drainage 
     from coal mines, and for associated activities, through the 
     Appalachian Clean Streams Initiative: Provided, That grants 
     to minimum program States will be $1,500,000 per State in 
     fiscal year 2003: Provided further, That of the funds herein 
     provided up to $18,000,000 may be used for the emergency 
     program authorized by section 410 of Public Law 95-87, as 
     amended, of which no more than 25 percent shall be used for 
     emergency reclamation projects in any one State and funds for 
     federally administered emergency reclamation projects under 
     this proviso shall not exceed $11,000,000: Provided further, 
     That prior year unobligated funds appropriated for the 
     emergency reclamation program shall not be subject to the 25 
     percent limitation per State and may be used without fiscal 
     year limitation for emergency projects: Provided further, 
     That pursuant to Public Law 97-365, the Department of the 
     Interior is authorized to use up to 20 percent from the 
     recovery of the delinquent debt owed to the United States 
     Government to pay for contracts to collect these debts: 
     Provided further, That funds made available under title IV of 
     Public Law 95-87 may be used for any required non-Federal 
     share of the cost of projects funded by the Federal 
     Government for the purpose of environmental restoration 
     related to treatment or abatement of acid mine drainage from 
     abandoned mines: Provided further, That such projects must be 
     consistent with the purposes and priorities of the Surface 
     Mining Control and Reclamation Act: 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, 
     $1,859,135,000, to remain available until September 30, 2004 
     except as otherwise provided herein, of which not to exceed 
     $85,857,000 shall be for welfare assistance payments and 
     notwithstanding any other provision of law, including but not 
     limited to the Indian Self-Determination Act of 1975, as 
     amended, not to exceed $133,209,000 shall be available for 
     payments to tribes and tribal organizations for contract 
     support costs associated with ongoing contracts, grants, 
     compacts, or annual funding agreements entered into with the 
     Bureau prior to or during fiscal year 2003, as authorized by 
     such Act, except that tribes and tribal organizations may use 
     their tribal priority allocations for unmet indirect costs of 
     ongoing contracts, grants, or compacts, or annual funding 
     agreements and for unmet welfare assistance costs; and up to 
     $2,000,000 shall be for the Indian Self-Determination Fund 
     which shall be available for the transitional cost of initial 
     or expanded tribal contracts, grants, compacts or cooperative 
     agreements with the Bureau under such Act; and of which not 
     to exceed $442,985,000 for school operations costs of Bureau-
     funded schools and other education programs shall become 
     available on July 1, 2003, and shall remain available until 
     September 30, 2004; and of which not to exceed $57,686,000 
     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, 2004, may be transferred 
     during fiscal year 2005 to an Indian forest land assistance 
     account established for the benefit of such tribe within the 
     tribe's trust fund account: Provided further, That any such 
     unobligated balances not so transferred shall expire on 
     September 30, 2005.


                              construction

       For construction, repair, improvement, and maintenance of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands, and interests in lands; 
     and preparation of lands for farming, and for construction of 
     the Navajo Indian Irrigation Project pursuant to Public Law 
     87-483, $348,252,000, to remain available until expended: 
     Provided, That such amounts as may be available for the 
     construction of the Navajo Indian Irrigation Project may be 
     transferred to the Bureau of Reclamation: Provided further, 
     That not to exceed 6 percent of contract authority available 
     to the Bureau of Indian Affairs from the Federal Highway 
     Trust Fund may be used to cover the road program management 
     costs of the Bureau: Provided further, That any funds 
     provided for the Safety of Dams program pursuant to 25 U.S.C. 
     13 shall be made available on a nonreimbursable basis: 
     Provided further, That for fiscal year 2003, in implementing 
     new construction or facilities improvement and repair project 
     grants in excess of $100,000 that are provided to tribally 
     controlled grant schools under Public Law 100-297, as 
     amended, the Secretary of the Interior shall use the 
     Administrative and Audit Requirements and Cost Principles for 
     Assistance Programs contained in 43 CFR part 12 as the 
     regulatory requirements: Provided further, That such grants 
     shall not be subject to section 12.61 of 43 CFR; the 
     Secretary and the grantee shall negotiate and determine a 
     schedule of payments for the work to be performed: Provided 
     further, That in considering applications, the Secretary 
     shall consider whether the Indian tribe or tribal 
     organization would be deficient in assuring that the 
     construction projects conform to applicable building 
     standards and codes and Federal, tribal, or State health and 
     safety standards as required by 25 U.S.C. 2005(a), with 
     respect to organizational and financial management 
     capabilities: Provided further, That if the Secretary 
     declines an application, the Secretary shall follow the 
     requirements contained in 25 U.S.C. 2505(f): Provided 
     further, That any disputes between the Secretary and any 
     grantee concerning a grant shall be subject to the disputes 
     provision in 25 U.S.C. 2508(e).


 indian land and water claim settlements and miscellaneous payments to 
                                indians

       For miscellaneous payments to Indian tribes and individuals 
     and for necessary administrative expenses, $57,949,000, to 
     remain available until expended; of which $24,870,000 shall 
     be available for implementation of enacted Indian land and 
     water claim settlements pursuant to Public Laws 101-618 and 
     102-575, and for implementation of other enacted water rights 
     settlements; of which $5,068,000 shall be available for 
     future water supplies facilities under Public Law 106-163; 
     and of which $28,011,000 shall be available pursuant to 
     Public Laws 99-264, 100-580, 106-263, 106-425 and 106-554.


                 indian guaranteed loan program account

       For the cost of guaranteed and insured loans, $5,000,000, 
     as authorized by the Indian Financing Act of 1974, as 
     amended: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize total loan principal, 
     any part of which is to be guaranteed, not to exceed 
     $72,464,000.

[[Page S8211]]

       In addition, for administrative expenses to carry out the 
     guaranteed and insured loan programs, $493,000.


                       administrative provisions

       The Bureau of Indian Affairs may carry out the operation of 
     Indian programs by direct expenditure, contracts, cooperative 
     agreements, compacts and grants, either directly or in 
     cooperation with States and other organizations.
       Appropriations for the Bureau of Indian Affairs (except the 
     revolving fund for loans, the Indian loan guarantee and 
     insurance fund, and the Indian Guaranteed Loan Program 
     account) shall be available for expenses of exhibits, and 
     purchase of not to exceed 229 passenger motor vehicles, of 
     which not to exceed 187 shall be for replacement only.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs for central office 
     operations, pooled overhead general administration (except 
     facilities operations and maintenance), or provided to 
     implement the recommendations of the National Academy of 
     Public Administration's August 1999 report shall be available 
     for tribal contracts, grants, compacts, or cooperative 
     agreements with the Bureau of Indian Affairs under the 
     provisions of the Indian Self-Determination Act or the Tribal 
     Self-Governance Act of 1994 (Public Law 103-413).
       In the event any tribe returns appropriations made 
     available by this Act to the Bureau of Indian Affairs for 
     distribution to other tribes, this action shall not diminish 
     the Federal Government's trust responsibility to that tribe, 
     or the government-to-government relationship between the 
     United States and that tribe, or that tribe's ability to 
     access future appropriations.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau, other than the amounts provided 
     herein for assistance to public schools under 25 U.S.C. 452 
     et seq., shall be available to support the operation of any 
     elementary or secondary school in the State of Alaska.
       Appropriations made available in this or any other Act for 
     schools funded by the Bureau shall be available only to the 
     schools in the Bureau school system as of September 1, 1996. 
     No funds available to the Bureau shall be used to support 
     expanded grades for any school or dormitory beyond the grade 
     structure in place or approved by the Secretary of the 
     Interior at each school in the Bureau school system as of 
     October 1, 1995. Funds made available under this Act may not 
     be used to establish a charter school at a Bureau-funded 
     school (as that term is defined in section 1146 of the 
     Education Amendments of 1978 (25 U.S.C. 2026)), except that a 
     charter school that is in existence on the date of the 
     enactment of this Act and that has operated at a Bureau-
     funded school before September 1, 1999, may continue to 
     operate during that period, but only if the charter school 
     pays to the Bureau a pro rata share of funds to reimburse the 
     Bureau for the use of the real and personal property 
     (including buses and vans), the funds of the charter school 
     are kept separate and apart from Bureau funds, and the Bureau 
     does not assume any obligation for charter school programs of 
     the State in which the school is located if the charter 
     school loses such funding. Employees of Bureau-funded schools 
     sharing a campus with a charter school and performing 
     functions related to the charter school's operation and 
     employees of a charter school shall not be treated as Federal 
     employees for purposes of chapter 171 of title 28, 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, 
     $75,217,000, of which: (1) $70,102,000 shall be available 
     until expended for technical assistance, including 
     maintenance assistance, disaster assistance, insular 
     management controls, coral reef initiative activities, and 
     brown tree snake control and research; grants to the 
     judiciary in American Samoa for compensation and expenses, as 
     authorized by law (48 U.S.C. 1661(c)); grants to the 
     Government of American Samoa, in addition to current local 
     revenues, for construction and support of governmental 
     functions; grants to the Government of the Virgin Islands as 
     authorized by law; grants to the Government of Guam, as 
     authorized by law; and grants to the Government of the 
     Northern Mariana Islands as authorized by law (Public Law 94-
     241; 90 Stat. 272); and (2) $5,295,000 shall be available for 
     salaries and expenses of the Office of Insular Affairs: 
     Provided, That all financial transactions of the territorial 
     and local governments herein provided for, including such 
     transactions of all agencies or instrumentalities established 
     or used by such governments, may be audited by the General 
     Accounting Office, at its discretion, in accordance with 
     chapter 35 of title 31, United States Code: Provided further, 
     That Northern Mariana Islands Covenant grant funding shall be 
     provided according to those terms of the Agreement of the 
     Special Representatives on Future United States Financial 
     Assistance for the Northern Mariana Islands approved by 
     Public Law 104-134: Provided further, That of the amounts 
     provided for technical assistance, sufficient funding shall 
     be made available for a grant to the Close Up Foundation: 
     Provided further, That the funds for the program of 
     operations and maintenance improvement are appropriated to 
     institutionalize routine operations and maintenance 
     improvement of capital infrastructure with territorial 
     participation and cost sharing to be determined by the 
     Secretary based on the grantee's commitment to timely 
     maintenance of its capital assets: Provided further, That any 
     appropriation for disaster assistance under this heading in 
     this Act or previous appropriations Acts may be used as non-
     Federal matching funds for the purpose of hazard mitigation 
     grants provided pursuant to section 404 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170c).

                      compact of free association

       For economic assistance and necessary expenses for the 
     Federated States of Micronesia and the Republic of the 
     Marshall Islands as provided for in sections 122, 221, 223, 
     232, and 233 of the Compact of Free Association, and for 
     economic assistance and necessary expenses for the Republic 
     of Palau as provided for in sections 122, 221, 223, 232, and 
     233 of the Compact of Free Association, $20,925,000, 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, $75,695,000, of which not to exceed $8,500 may 
     be for official reception and representation expenses, and of 
     which up to $1,000,000 shall be available for workers 
     compensation payments and unemployment compensation payments 
     associated with the orderly closure of the United States 
     Bureau of Mines.

                        Office of the Solicitor


                         Salaries and Expenses

       For necessary expenses of the Office of the Solicitor, 
     $47,773,000.

                      Office of Inspector General


                         Salaries and Expenses

       For necessary expenses of the Office of Inspector General, 
     $36,659,000, 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, $151,027,000, to remain available until expended: 
     Provided, That funds for trust management improvements may be 
     transferred, as needed, to the Bureau of Indian Affairs 
     ``Operation of Indian Programs'' account and to the 
     Departmental Management ``Salaries and Expenses'' account: 
     Provided further, That funds made available to Tribes and 
     Tribal organizations through contracts or grants obligated 
     during fiscal year 2003, as authorized by the Indian Self-
     Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
     remain available until expended by the contractor or grantee: 
     Provided further, That notwithstanding any other provision of 
     law, the statute of limitations shall not commence to run on 
     any claim, including any claim in litigation pending on the 
     date of the enactment of this Act, concerning losses to or 
     mismanagement of trust funds, until the affected tribe or 
     individual Indian has been furnished with an accounting of 
     such funds from which the beneficiary can determine whether 
     there has been a loss: Provided further, That notwithstanding 
     any other provision of law, the Secretary shall not be 
     required to provide a quarterly statement of performance for 
     any Indian trust account that has not had activity for at 
     least 18 months and has a balance of $1.00 or less: Provided 
     further, That the Secretary shall issue an annual account 
     statement and maintain a record of any such accounts and 
     shall permit the balance in each such account to be withdrawn 
     upon the express written request of the account holder: 
     Provided further, That not to exceed $50,000 is available for 
     the Secretary to make payments to correct administrative 
     errors of either disbursements from or deposits to Individual 
     Indian Money or Tribal accounts after September 30, 2002: 
     Provided further, That erroneous payments that are recovered 
     shall be credited to this account.


                       Indian Land Consolidation

       For consolidation of fractional interests in Indian lands 
     and expenses associated with redetermining and redistributing 
     escheated interests in allotted lands, and for necessary 
     expenses to carry out the Indian Land Consolidation Act of 
     1983, as amended, by direct expenditure or cooperative 
     agreement, $7,980,000, to remain available until expended and 
     which may be transferred to the Bureau of Indian Affairs and 
     Departmental Management.
       For implementation of a water rights and habitat 
     acquisition program pursuant to section 10 of Public Law 106-
     263, $3,000,000, to remain available until expended, to be 
     derived from the Land and Water Conservation Fund, and to be 
     for conservation spending category activities pursuant to 
     section 251(c)

[[Page S8212]]

     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, for purposes of discretionary spending 
     limits: Provided, That these funds may be available for 
     transfer to the Bureau of Indian Affairs.

           Natural Resource Damage Assessment and Restoration


                natural resource damage assessment fund

       To conduct natural resource damage assessment and 
     restoration activities by the Department of the Interior 
     necessary to carry out the provisions of the Comprehensive 
     Environmental Response, Compensation, and Liability Act, as 
     amended (42 U.S.C. 9601 et seq.), Federal Water Pollution 
     Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
     Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et 
     seq.), and Public Law 101-337, as amended (16 U.S.C. 19jj et 
     seq.), $5,538,000, to remain available until expended.


                        administrative provision

       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 notwithstanding any other provision of law, the 
     Office of Aircraft Services shall transfer to the Sheriff's 
     Office, Kane County, Utah, without restriction, a Cessna 
     U206G, identification number N211S, serial number 20606916, 
     for the purpose of facilitating more efficient law 
     enforcement activities at Glen Canyon National Recreation 
     Area and the Grand Staircase Escalante National Monument: 
     Provided further, That no programs funded with appropriated 
     funds in the ``Departmental Management'', ``Office of the 
     Solicitor'', and ``Office of Inspector General'' may be 
     augmented through the Working Capital Fund or the 
     Consolidated Working Fund.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

       Sec. 101. Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary, for the 
     emergency reconstruction, replacement, or repair of aircraft, 
     buildings, utilities, or other facilities or equipment 
     damaged or destroyed by fire, flood, storm, or other 
     unavoidable causes: Provided, That no funds shall be made 
     available under this authority until funds specifically made 
     available to the Department of the Interior for emergencies 
     shall have been exhausted: Provided further, That all funds 
     used pursuant to this section are hereby designated by 
     Congress to be ``emergency requirements'' pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible.
       Sec. 102. The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of wildland fires on or threatening lands under 
     the jurisdiction of the Department of the Interior; for the 
     emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oil spills; for response and natural resource damage 
     assessment activities related to actual oil spills; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
     emergency reclamation projects under section 410 of Public 
     Law 95-87; and shall transfer, from any no year funds 
     available to the Office of Surface Mining Reclamation and 
     Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act: Provided, That appropriations made in 
     this title for wildland fire operations shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for wildland fire operations, such 
     reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof: Provided further, 
     That for wildland fire operations, no funds shall be made 
     available under this authority until the Secretary determines 
     that funds appropriated for ``wildland fire operations'' 
     shall be exhausted within 30 days: Provided further, That all 
     funds used pursuant to this section are hereby designated by 
     Congress to be ``emergency requirements'' pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible: Provided further, That such 
     replenishment funds shall be used to reimburse, on a pro rata 
     basis, accounts from which emergency funds were transferred.
       Sec. 103. Appropriations made in this title shall be 
     available for operation of warehouses, garages, shops, and 
     similar facilities, wherever consolidation of activities will 
     contribute to efficiency or economy, and said appropriations 
     shall be reimbursed for services rendered to any other 
     activity in the same manner as authorized by sections 1535 
     and 1536 of title 31, United States Code: Provided, That 
     reimbursements for costs and supplies, materials, equipment, 
     and for services rendered may be credited to the 
     appropriation current at the time such reimbursements are 
     received.
       Sec. 104. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; hire, 
     maintenance, and operation of aircraft; hire of passenger 
     motor vehicles; purchase of reprints; payment for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and the payment 
     of dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members.
       Sec. 105. Appropriations available to the Department of the 
     Interior for salaries and expenses shall be available for 
     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901-5902 and D.C. Code 4-204).
       Sec. 106. Annual appropriations made in this title shall be 
     available for obligation in connection with contracts issued 
     for services or rentals for periods not in excess of 12 
     months beginning at any time during the fiscal year.
       Sec. 107. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     preleasing, leasing and related activities placed under 
     restriction in the President's moratorium statement of June 
     12, 1998, in the areas of northern, central, and southern 
     California; the North Atlantic; Washington and Oregon; and 
     the eastern Gulf of Mexico south of 26 degrees north latitude 
     and east of 86 degrees west longitude.
       Sec. 108. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     oil and natural gas preleasing, leasing, and related 
     activities, on lands within the North Aleutian Basin planning 
     area.
       Sec. 109. No funds provided in this title may be expended 
     by the Department of the Interior to conduct offshore oil and 
     natural gas preleasing, leasing and related activities in the 
     eastern Gulf of Mexico planning area for any lands located 
     outside Sale 181, as identified in the final Outer 
     Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
     2002.
       Sec. 110. No funds provided in this title may be expended 
     by the Department of the Interior to conduct oil and natural 
     gas preleasing, leasing and related activities in the Mid-
     Atlantic and South Atlantic planning areas.
       Sec. 111. Advance payments made under this title to Indian 
     tribes, tribal organizations, and tribal consortia pursuant 
     to the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.) may be invested by the 
     Indian tribe, tribal organization, or consortium before such 
     funds are expended for the purposes of the grant, compact, or 
     annual funding agreement so long as such funds are--
       (1) invested by the Indian tribe, tribal organization, or 
     consortium only in obligations of the United States, or in 
     obligations or securities that are guaranteed or insured by 
     the United States, or mutual (or other) funds registered with 
     the Securities and Exchange Commission and which only invest 
     in obligations of the United States or securities that are 
     guaranteed or insured by the United States; or
       (2) deposited only into accounts that are insured by an 
     agency or instrumentality of the United States, or are fully 
     collateralized to ensure protection of the funds, even in the 
     event of a bank failure.
       Sec. 112. Appropriations made in this Act under the 
     headings Bureau of Indian Affairs and Office of the Special 
     Trustee for American Indians and any available unobligated 
     balances from prior appropriations Acts made under the same 
     headings, shall be available for expenditure or transfer for 
     Indian trust management activities pursuant to the Trust 
     Management Improvement Project High Level Implementation 
     Plan.
       Sec. 113. Notwithstanding any other provision of law, for 
     the purpose of reducing the backlog of Indian probate cases 
     in the Department of the Interior, the hearing requirements 
     of chapter 10 of title 25, United States Code, are deemed 
     satisfied by a proceeding conducted by an Indian probate 
     judge, appointed by the Secretary without regard to the 
     provisions of title 5, United States Code, governing the 
     appointments in the competitive service, for such period of 
     time as the Secretary determines necessary: Provided, That 
     the basic pay of an Indian probate judge so appointed may be 
     fixed by the Secretary without regard to the provisions of 
     chapter 51, and subchapter III of chapter 53 of title 5, 
     United States Code, governing the classification and pay of 
     General Schedule employees, except that no such Indian 
     probate judge may be paid at a level which exceeds the 
     maximum rate payable for the highest grade of the General 
     Schedule, including locality pay.
       Sec. 114. Notwithstanding any other provision of law, the 
     Secretary of the Interior is

[[Page S8213]]

     authorized to redistribute any Tribal Priority Allocation 
     funds, including tribal base funds, to alleviate tribal 
     funding inequities by transferring funds to address 
     identified, unmet needs, dual enrollment, overlapping service 
     areas or inaccurate distribution methodologies. No tribe 
     shall receive a reduction in Tribal Priority Allocation funds 
     of more than 10 percent in fiscal year 2003. Under 
     circumstances of dual enrollment, overlapping service areas 
     or inaccurate distribution methodologies, the 10 percent 
     limitation does not apply.
       Sec. 115. Funds appropriated for the Bureau of Indian 
     Affairs for postsecondary schools for fiscal year 2003 shall 
     be allocated among the schools proportionate to the unmet 
     need of the schools as determined by the Postsecondary 
     Funding Formula adopted by the Office of Indian Education 
     Programs.
       Sec. 116. (a) The Secretary of the Interior shall take such 
     action as may be necessary to ensure that the lands 
     comprising the Huron Cemetery in Kansas City, Kansas (as 
     described in section 123 of Public Law 106-291) are used only 
     in accordance with this section.
       (b) The lands of the Huron Cemetery shall be used only: (1) 
     for religious and cultural uses that are compatible with the 
     use of the lands as a cemetery; and (2) as a burial ground.
       Sec. 117. Notwithstanding any other provision of law, in 
     conveying the Twin Cities Research Center under the authority 
     provided by Public Law 104-134, as amended by Public Law 104-
     208, the Secretary may accept and retain land and other forms 
     of reimbursement: Provided, That the Secretary may retain and 
     use any such reimbursement until expended and without further 
     appropriation: (1) for the benefit of the National Wildlife 
     Refuge System within the State of Minnesota; and (2) for all 
     activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
       Sec. 118. Notwithstanding other provisions of law, the 
     National Park Service may authorize, through cooperative 
     agreement, the Golden Gate National Parks Association to 
     provide fee-based education, interpretive and visitor service 
     functions within the Crissy Field and Fort Point areas of the 
     Presidio.
       Sec. 119. Notwithstanding 31 U.S.C. 3302(b), sums received 
     by the Bureau of Land Management for the sale of seeds or 
     seedlings including those collected in fiscal year 2002, may 
     be credited to the appropriation from which funds were 
     expended to acquire or grow the seeds or seedlings and are 
     available without fiscal year limitation.
       Sec. 120. 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 for fiscal years 2003 through 2007 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 Indian tribe that agrees to fund all 
     future operation and maintenance costs of the tribally 
     controlled school constructed under the demonstration program 
     from other than federal funds 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 be used only for construction or replacement of 
     a tribally controlled school.
       (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.).
       (d) Report.--At the conclusion of the five-year 
     demonstration program, the Secretary shall report to Congress 
     as to whether the demonstration program has achieved its 
     purposes of providing additional tribes fair opportunities to 
     construct tribally controlled schools, accelerating 
     construction of needed educational facilities in Indian 
     Country, and permitting additional funds to be provided for 
     the Department's priority list for construction of 
     replacement educational facilities.
       Sec. 121. White River Oil Shale Mine, Utah. Sale.--Subject 
     to the terms and conditions of section 126 of the Department 
     of the Interior and Related Agencies Act, 2002, the 
     Administrator of General Services shall sell all right, 
     title, and interest of the United States in and to the 
     improvements and equipment of the White River Oil Shale Mine.
       Sec. 122. 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. 123. 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. 124. In fiscal year 2003 and each fiscal year 
     thereafter, notwithstanding any other provision of law, with 
     respect to a service contract for the provision solely of 
     transportation services at Zion National Park, the Secretary 
     may obligate the expenditure of fees expected to be received 
     in that fiscal year before they are received, provided that 
     total obligations do not exceed fee collections retained at 
     Zion National Park by the end of that fiscal year.
       Sec. 125. Section 6(f) of Public Law 88-578 as amended 
     shall not apply to LWCF program #02-00010.
       Sec. 126. None of the funds made available in this Act or 
     any other Act providing appropriations for the Department of 
     the Interior may be expended or obligated to issue a Record 
     of Decision or take any action to issue a right-of-way grant 
     for a pipeline or associated facilities related to the Cadiz 
     groundwater storage and dry-year supply program.
       Sec. 127. Notwithstanding section 1(d) of Public Law 107-
     62, the National Park Service is authorized to obligate 
     $1,000,000 made available in fiscal year 2002 to plan the 
     John Adams Presidential memorial in cooperation with non-
     Federal partners.
       Sec. 128. Notwithstanding any other provision of law, funds 
     appropriated and remaining available in the Construction 
     (Trust Fund) account of the National Park Service at the 
     completion of all authorized projects, shall be available for 
     the rehabilitation and improvement of Going-to-the-Sun Road 
     in Glacier National Park.
       Sec. 129. Using funds appropriated by section 501(d) of the 
     Emergency Supplemental Appropriations Act, 1999 (Public Law 
     106-31), the Secretary shall provide interim compensation 
     payments of up to $10,000 each within 30 days of the date of 
     the enactment of this Act to all claimants who filed a claim 
     for compensation under the Glacier Bay compensation plan and 
     which has not been rejected or withdrawn and have not 
     received a compensation payment. The amount of final 
     compensation paid to any such claimant shall be reduced by 
     the total dollar amount of any interim compensation payments 
     received.
       Sec. 130. None of the funds provided in this Act may be 
     used in the Alaska region to prepare or enforce Compendia 
     including any rule, regulation, policy or management tool 
     that is not promulgated pursuant to the Administrative 
     Procedures Act, including the public comment period.

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                     Forest and Rangeland Research

       For necessary expenses of forest and rangeland research as 
     authorized by law, $252,804,000, 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, 
     treatment of pests, pathogens, and invasive plants, 
     cooperative forestry, and education and land conservation 
     activities and conducting an international program as 
     authorized, $312,972,000, to remain available until expended, 
     as authorized by law, of which $85,000,000 is for the Forest 
     Legacy Program, and $37,750,000 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 
     further, That notwithstanding any other provision of law, of 
     the funds provided under this heading, $2,000,000 shall be 
     made available to Kake Tribal Corporation as an advanced 
     direct lump sum payment to implement the Kake Tribal 
     Corporation Land Transfer Act (Public Law 106-283).

[[Page S8214]]

                         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, $1,359,139,000, to 
     remain available until expended, which shall include 50 
     percent of all moneys received during prior fiscal years as 
     fees collected under the Land and Water Conservation Fund Act 
     of 1965, as amended, in accordance with section 4 of the Act 
     (16 U.S.C. 460l-6a(i)): Provided, That unobligated balances 
     available at the start of fiscal year 2003 shall be displayed 
     by budget line item in the fiscal year 2004 budget 
     justification: Provided further, That the Secretary may 
     authorize the expenditure or transfer of such sums as 
     necessary to the Department of the Interior, Bureau of Land 
     Management for removal, preparation, and adoption of excess 
     wild horses and burros from National Forest System lands: 
     Provided further, That of the funds provided under this 
     heading for Forest Products, $4,000,000 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, 
     $1,079,291,000, to remain available until expended: Provided, 
     That such funds including unobligated balances under this 
     head, are available for repayment of advances from other 
     appropriations accounts previously transferred for such 
     purposes: Provided further, That not less than 50 percent of 
     any unobligated balances remaining (exclusive of amounts for 
     hazardous fuels reduction) at the end of fiscal year 2002 
     shall be transferred, as repayment for past advances that 
     have not been repaid, to the fund established pursuant to 
     section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.): 
     Provided further, That notwithstanding any other provision of 
     law, $8,000,000 of funds appropriated under this 
     appropriation shall be used for Fire Science Research in 
     support of the Joint Fire Science Program: Provided further, 
     That all authorities for the use of funds, including the use 
     of contracts, grants, and cooperative agreements, available 
     to execute the Forest and Rangeland Research appropriation, 
     are also available in the utilization of these funds for 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, $228,109,000 is for 
     hazardous fuel treatment, $3,624,000 is for rehabilitation 
     and restoration, $8,000,000 is for capital improvement and 
     maintenance of fire facilities, $22,127,000 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, $8,240,000 is for volunteer fire assistance, 
     $11,934,000 is for forest health activities on state, 
     private, and Federal lands, and $7,472,000 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 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, rehabilitation and restoration, and other 
     activities authorized in this section, on and adjacent to 
     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--
       (1) local private, nonprofit, or cooperative entities;
       (2) Youth Conservation Corps crews or related partnerships, 
     with State, local and non-profit youth groups;
       (3) small or micro-businesses; or
       (4) 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.
       For an additional amount to cover necessary expenses for 
     emergency rehabilitation, presuppression due to emergencies, 
     and wildfire suppression activities of the Forest Service, 
     $290,000,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That $290,000,000 shall be 
     available only to the extent an official budget request for a 
     specific dollar amount, that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

                  capital improvement and maintenance

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $565,656,000, 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, 
     $84,866,000 is for conservation activities defined in section 
     250(c)(4)(E) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of such 
     Act: Provided, 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 $500,000 appropriated in Public Law 107-63 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 
     notwithstanding any provision of law, funds provided for 
     construction of facilities at Purdue University in Indiana in 
     this Act, in the amount of $3,100,000 shall be available to 
     the University.


                            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, $157,679,000 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

[[Page S8215]]

     amended (16 U.S.C. 484a), to remain available until expended.

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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


        Management of National Forest Lands for Subsistence Uses

       For necessary expenses of the Forest Service to manage 
     federal lands in Alaska for subsistence uses under title VIII 
     of the Alaska National Interest Lands Conservation Act 
     (Public Law 96-487), $5,542,000, to remain available until 
     expended.


               ADMINISTRATIVE PROVISIONS, FOREST SERVICE

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of not to exceed 
     113 passenger motor vehicles of which 10 will be used 
     primarily for law enforcement purposes and of which 113 shall 
     be for replacement; acquisition of 25 passenger motor 
     vehicles from excess sources, and hire of such vehicles; 
     operation and maintenance of aircraft, the purchase of not to 
     exceed seven for replacement only, and acquisition of 
     sufficient aircraft from excess sources to maintain the 
     operable fleet at 195 aircraft for use in Forest Service 
     wildland fire programs and other Forest Service programs; 
     notwithstanding other provisions of law, existing aircraft 
     being replaced may be sold, with proceeds derived or trade-in 
     value used to offset the purchase price for the replacement 
     aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to 
     exceed $100,000 for employment under 5 U.S.C. 3109; (3) 
     purchase, erection, and alteration of buildings and other 
     public improvements (7 U.S.C. 2250); (4) acquisition of land, 
     waters, and interests therein pursuant to 7 U.S.C. 428a; (5) 
     for expenses pursuant to the Volunteers in the National 
     Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) 
     the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and 
     (7) for debt collection contracts in accordance with 31 
     U.S.C. 3718(c).
       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 $4,000,000 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 administrative 
     expenses: Provided further, That the Foundation shall obtain, 
     by the end of the period of Federal financial assistance, 
     private contributions to match on at least one-for-one basis 
     funds made available by the Forest Service: Provided further, 
     That the Foundation may transfer Federal funds to a non-
     Federal recipient for a project at the same rate that the 
     recipient has obtained the non-Federal matching funds: 
     Provided further, That authorized investments of Federal 
     funds held by the Foundation may be made only in interest-
     bearing obligations of the United States or in obligations 
     guaranteed as to both principal and interest by the United 
     States.
       Pursuant to section 2(b)(2) of Public Law 98-244, 
     $2,650,000 of the funds available to the Forest Service shall 
     be available for matching funds to the National Fish and 
     Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, 
     and may be advanced in a lump sum as Federal financial 
     assistance, without regard to when expenses are incurred, for 
     projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That the 
     Foundation shall obtain, by the end of the period of Federal 
     financial assistance, private contributions to match on at 
     least one-for-one basis funds advanced by the Forest Service: 
     Provided further, That the Foundation may transfer Federal 
     funds to a non-Federal recipient for a project at the same 
     rate that the recipient has obtained the non-Federal matching 
     funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities for sustainable rural development purposes.
       Notwithstanding any other provision of law, 80 percent of 
     the funds appropriated to the Forest Service in the 
     ``National Forest System'' and ``Capital Improvement and 
     Maintenance'' accounts and planned to be allocated to 
     activities under the ``Jobs in the Woods'' program for 
     projects on National Forest land in the State of Washington 
     may be granted directly to the Washington State Department of 
     Fish and Wildlife for accomplishment of planned projects. 
     Twenty percent of said funds shall be retained by the Forest 
     Service for planning and administering projects. Project 
     selection and prioritization shall be accomplished by the 
     Forest Service with such consultation with the State of 
     Washington as the Forest Service deems appropriate.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to sections 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       The Secretary of Agriculture is authorized to enter into 
     grants, contracts, and cooperative agreements as appropriate 
     with the Pinchot Institute for Conservation, as well as with 
     public and other private agencies, organizations, 
     institutions, and individuals, to provide for the 
     development, administration, maintenance, or restoration of 
     land, facilities, or Forest Service programs, at the Grey 
     Towers National Historic Landmark: Provided, That, subject to 
     such terms and conditions as the Secretary of Agriculture may 
     prescribe, any such public or private agency, organization, 
     institution, or individual may solicit, accept, and 
     administer private gifts of money and real or personal 
     property for the benefit of, or in connection with, the 
     activities and services at the Grey Towers National Historic 
     Landmark: Provided further, That such gifts may be accepted 
     notwithstanding the fact that a donor conducts business with 
     the Department of Agriculture in any capacity.
       Funds appropriated to the Forest Service shall be 
     available, as determined by the Secretary, for payments to 
     Del Norte County, California, pursuant to sections 13(e) and 
     14 of the Smith River National Recreation Area Act (Public 
     Law 101-612).
       Notwithstanding any other provision of law, any 
     appropriations or funds available to the Forest Service not 
     to exceed $500,000 may be used to reimburse the Office of the 
     General Counsel (OGC), Department of Agriculture, for travel 
     and related expenses incurred as a result of OGC assistance 
     or participation requested by the Forest Service at meetings, 
     training sessions, management reviews, land purchase 
     negotiations and similar non-litigation related matters. 
     Future budget justifications for both the Forest Service and 
     the Department of Agriculture should clearly display the sums 
     previously transferred and the requested funding transfers.
       Any appropriations or funds available to the Forest Service 
     may be used for necessary expenses in the event of law 
     enforcement emergencies as necessary to protect natural 
     resources and public or employee safety: Provided, That such 
     amounts shall not exceed $1,000,000.
       The Secretary of Agriculture may authorize the sale of 
     excess buildings, facilities, and other properties owned by 
     the Forest Service and located on the Green Mountain National 
     Forest, the revenues of which shall be retained by the Forest 
     Service and available to the Secretary without further 
     appropriation and until expended for maintenance

[[Page S8216]]

     and rehabilitation activities on the Green Mountain National 
     Forest.
       The Secretary of Agriculture may transfer or reimburse 
     funds available to the Forest Service, not to exceed 
     $15,000,000, to the Secretary of the Interior or the 
     Secretary of Commerce to expedite conferencing and 
     consultations as required under section 7 of the Endangered 
     Species Act, 16 U.S.C. 1536. The amount of the transfer or 
     reimbursement shall be as mutually agreed by the Secretary of 
     Agriculture and the Secretary of the Interior or Secretary of 
     Commerce, as applicable, or their designees. The amount shall 
     in no case exceed the actual costs of consultation and 
     conferencing.

                          DEPARTMENT OF ENERGY


                         Clean Coal Technology

                               (deferral)

       Of the funds made available under this heading for 
     obligation in prior years, $60,000,000 shall not be available 
     until October 1, 2003: Provided, That funds made available in 
     previous appropriations Acts shall be available for any 
     ongoing project regardless of the separate request for 
     proposal under which the project was selected.


                 Fossil Energy Research and Development

                     (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), 
     $650,965,000, to remain available until expended, of which 
     $1,000,000 is to continue a multi-year project for 
     construction, renovation, furnishing, and demolition or 
     removal of buildings at National Energy Technology Laboratory 
     facilities in Morgantown, West Virginia and Pittsburgh, 
     Pennsylvania; and of which $150,000,000 are to be made 
     available, after coordination with the private sector, for a 
     request for proposals for a Clean Coal Power Initiative 
     providing for competitively-awarded research, development, 
     and demonstration projects to reduce the barriers to 
     continued and expanded coal use: Provided, That no project 
     may be selected for which sufficient funding is not available 
     to provide for the total project: Provided further, That 
     funds shall be expended in accordance with the provisions 
     governing the use of funds contained under the heading 
     ``Clean Coal Technology'' in prior appropriations: Provided 
     further, That the Department may include provisions for 
     repayment of Government contributions to individual projects 
     in an amount up to the Government contribution to the project 
     on terms and conditions that are acceptable to the Department 
     including repayments from sale and licensing of technologies 
     from both domestic and foreign transactions: Provided 
     further, That such repayments shall be retained by the 
     Department for future coal-related research, development and 
     demonstration projects: Provided further, That any technology 
     selected under this program shall be considered a Clean Coal 
     Technology, and any project selected under this program shall 
     be considered a Clean Coal Technology Project, for the 
     purposes of 42 U.S.C. Sec. 7651n, and Chapters 51, 52, and 60 
     of title 40 of the Code of Federal Regulations: Provided 
     further, That no part of the sum herein made available shall 
     be used for the field testing of nuclear explosives in the 
     recovery of oil and gas: Provided further, That up to 4 
     percent of program direction funds available to the National 
     Energy Technology Laboratory may be used to support 
     Department of Energy activities not included in this account.

                 naval petroleum and oil shale reserves

       For expenses necessary to carry out naval petroleum and oil 
     shale reserve activities, $20,831,000, to remain available 
     until expended: Provided, That, notwithstanding any other 
     provision of law, unobligated funds remaining from prior 
     years shall be available for all naval petroleum and oil 
     shale reserve activities.


                      Elk Hills School Lands Fund

       For necessary expenses in fulfilling installment payments 
     under the Settlement Agreement entered into by the United 
     States and the State of California on October 11, 1996, as 
     authorized by section 3415 of Public Law 104-106, 
     $36,000,000, to become available on October 1, 2003 for 
     payment to the State of California for the State Teachers' 
     Retirement Fund from the Elk Hills School Lands Fund.


                          Energy Conservation

       For necessary expenses in carrying out energy conservation 
     activities, $921,741,000, to remain available until expended: 
     Provided, That $285,798,000 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: 
     $240,000,000 for weatherization assistance grants and 
     $45,798,000 for State energy conservation grants.


                          economic regulation

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


                      strategic petroleum reserve

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), $174,856,000, 
     to remain available until expended.


                         spr petroleum account

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


                   Northeast Home Heating Oil Reserve

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


                   energy information administration

       For necessary expenses in carrying out the activities of 
     the Energy Information Administration, $80,111,000, to remain 
     available until expended.

            administrative provisions, department of energy

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         indian health services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $2,466,280,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 238(b) 
     for services furnished by the Indian Health Service: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation: Provided further, That $18,000,000 shall remain 
     available until expended, for the Indian Catastrophic Health 
     Emergency Fund: Provided further, That $450,130,000 for 
     contract medical care shall remain available for obligation 
     until September 30, 2004: Provided further, That of the funds 
     provided, up to $22,000,000 shall be used to carry out the 
     loan repayment program under section 108 of the Indian Health 
     Care Improvement Act: Provided further, That funds provided 
     in this Act may be used for one-year contracts and grants 
     which are to be performed in two fiscal years, so long as

[[Page S8217]]

     the total obligation is recorded in the year for which the 
     funds are appropriated: Provided further, That the amounts 
     collected by the Secretary of Health and Human Services under 
     the authority of title IV of the Indian Health Care 
     Improvement Act shall remain available until expended for the 
     purpose of achieving compliance with the applicable 
     conditions and requirements of titles XVIII and XIX of the 
     Social Security Act (exclusive of planning, design, or 
     construction of new facilities): Provided further, That 
     funding contained herein, and in any earlier appropriations 
     Acts for scholarship programs under the Indian Health Care 
     Improvement Act (25 U.S.C. 1613) shall remain available for 
     obligation until September 30, 2004: Provided further, That 
     amounts received by tribes and tribal organizations under 
     title IV of the Indian Health Care Improvement Act shall be 
     reported and accounted for and available to the receiving 
     tribes and tribal organizations until expended: Provided 
     further, That, notwithstanding any other provision of law, of 
     the amounts provided herein, not to exceed $270,734,000 shall 
     be for payments to tribes and tribal organizations for 
     contract or grant support costs associated with contracts, 
     grants, self-governance compacts or annual funding agreements 
     between the Indian Health Service and a tribe or tribal 
     organization pursuant to the Indian Self-Determination Act of 
     1975, as amended, prior to or during fiscal year 2003, of 
     which not to exceed $2,500,000 may be used for contract 
     support costs associated with new or expanded self-
     determination contracts, grants, self-governance compacts or 
     annual funding agreements: Provided further, That 
     notwithstanding any other provision of law, annuity health 
     benefits payments made in previous years by the U.S. 
     Department of Defense for Indian Health Service commissioned 
     corps retirees, will continue to be paid in such manner in 
     fiscal year 2003 without subsequent charges billed to the 
     agency: Provided further, That funds available for the Indian 
     Health Care Improvement Fund may be used, as needed, to carry 
     out activities typically funded under the Indian Health 
     Facilities account: Provided further, That of the amounts 
     provided for Indian Health Services, $15,000,000 is provided 
     to the Alaska Federation of Natives for alcohol control, 
     prevention, treatment, sobriety and wellness, of which at 
     least $100,000 shall be available for an independent third 
     party to conduct an evaluation of the program: Provided 
     further, That no more than 5 percent may be used by any 
     entity receiving funding for administrative overhead 
     including indirect costs: Provided further, That prior to the 
     release of funds to a regional Native non-profit entity, it 
     must enter into an agreement with the regional Native health 
     corporation on allocation of resources to avoid duplication 
     of effort and to foster cooperation.


                        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, $374,765,000, 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, 2003, the 
     financial capability necessary to provide an appropriate 
     facility: Provided further, That joint venture funds 
     unallocated after March 1, 2003, shall be made available for 
     joint venture projects on a competitive basis giving priority 
     to tribes that currently have no existing Federally-owned 
     health care facility, have planning documents meeting Indian 
     Health Service requirements prepared for approval by the 
     Service and can demonstrate the financial capability needed 
     to provide an appropriate facility: Provided further, That 
     the Indian Health Service shall request additional staffing, 
     operation and maintenance funds for these facilities in 
     future budget requests: Provided further, That not to exceed 
     $500,000 shall be used by the Indian Health Service to 
     purchase TRANSAM equipment from the Department of Defense for 
     distribution to the Indian Health Service and tribal 
     facilities: Provided further, That none of the funds 
     appropriated to the Indian Health Service may be used for 
     sanitation facilities construction for new homes funded with 
     grants by the housing programs of the U.S. Department of 
     Housing and Urban Development: Provided further, That not to 
     exceed $1,000,000 shall be used by the Indian Health Service 
     to obtain ambulances for the Indian Health Service and tribal 
     facilities in conjunction with an existing interagency 
     agreement between the Indian Health Service and the General 
     Services Administration: Provided further, That not to exceed 
     $500,000 shall be placed in a Demolition Fund, available 
     until expended, to be used by the Indian Health Service for 
     demolition of Federal buildings: Provided further, That 
     notwithstanding the provisions of title III, section 306, of 
     the Indian Health Care Improvement Act (Public Law 94-437, as 
     amended), construction contracts authorized under title I of 
     the Indian Self-Determination and Education Assistance Act of 
     1975, as amended, may be used rather than grants to fund 
     small ambulatory facility construction projects: Provided 
     further, That if a contract is used, the IHS is authorized to 
     improve municipal, private, or tribal lands, and that at no 
     time, during construction or after completion of the project 
     will the Federal Government have any rights or title to any 
     real or personal property acquired as a part of the contract: 
     Provided further, That notwithstanding any other provision of 
     law or regulation, for purposes of acquiring sites for a new 
     clinic and staff quarters in St. Paul Island, Alaska, the 
     Secretary of Health and Human Services may accept land 
     donated by the Tanadgusix Corporation.


            administrative provisions, indian health service

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

[[Page S8218]]

     organizations, the Indian Health Service is authorized to 
     provide goods and services to those entities, on a 
     reimbursable basis, including payment in advance with 
     subsequent adjustment. The reimbursements received therefrom, 
     along with the funds received from those entities pursuant to 
     the Indian Self-Determination Act, may be credited to the 
     same or subsequent appropriation account which provided the 
     funding. Such amounts shall remain available until expended.
       Reimbursements for training, technical assistance, or 
     services provided by the Indian Health Service will contain 
     total costs, including direct, administrative, and overhead 
     associated with the provision of goods, services, or 
     technical assistance.
       The appropriation structure for the Indian Health Service 
     may not be altered without advance approval of the House and 
     Senate Committees on Appropriations.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation


                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by Public Law 93-531, 
     $14,491,000, to remain available until expended: Provided, 
     That funds provided in this or any other appropriations Act 
     are to be used to relocate eligible individuals and groups 
     including evictees from District 6, Hopi-partitioned lands 
     residents, those in significantly substandard housing, and 
     all others certified as eligible and not included in the 
     preceding categories: Provided further, That none of the 
     funds contained in this or any other Act may be used by the 
     Office of Navajo and Hopi Indian Relocation to evict any 
     single Navajo or Navajo family who, as of November 30, 1985, 
     was physically domiciled on the lands partitioned to the Hopi 
     Tribe unless a new or replacement home is provided for such 
     household: Provided further, That no relocatee will be 
     provided with more than one new or replacement home: Provided 
     further, That the Office shall relocate any certified 
     eligible relocatees who have selected and received an 
     approved homesite on the Navajo reservation or selected a 
     replacement residence off the Navajo reservation or on the 
     land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        payment to the institute

       For payment to the Institute of American Indian and Alaska 
     Native Culture and Arts Development, as authorized by title 
     XV of Public Law 99-498, as amended (20 U.S.C. 56 part A), 
     $5,130,000, of which $1,000,000 shall remain available until 
     expended for construction of the Library Technology Center.

                        Smithsonian Institution


                         Salaries and Expenses

                         (including rescission)

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease (for 
     terms not to exceed 30 years), and protection of buildings, 
     facilities, and approaches; not to exceed $100,000 for 
     services as authorized by 5 U.S.C. 3109; up to five 
     replacement passenger vehicles; purchase, rental, repair, and 
     cleaning of uniforms for employees, $450,760,000, of which 
     not to exceed $43,884,000 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: 
     Provided further, That from unobligated balances of prior 
     year appropriations, $14,100,000 is rescinded.


            repair, restoration and alteration of facilities

       For necessary expenses of maintenance, repair, restoration, 
     and alteration of facilities owned or occupied by the 
     Smithsonian Institution, including necessary personnel, by 
     contract or otherwise, as authorized by section 2 of the Act 
     of August 22, 1949 (63 Stat. 623), $81,300,000, to remain 
     available until expended, of which $16,750,000 is provided 
     for maintenance, repair, rehabilitation and alteration of 
     facilities at the National Zoological Park, and of which not 
     to exceed $100,000 is for services as authorized by 5 U.S.C. 
     3109: Provided, That contracts awarded for environmental 
     systems, protection systems, and repair or restoration of 
     facilities of the Smithsonian Institution may be negotiated 
     with selected contractors and awarded on the basis of 
     contractor qualifications as well as price.


                              construction

       For necessary expenses for construction of the National 
     Museum of the American Indian, including necessary personnel, 
     $20,000,000, 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 from 
     the Board of Regents of recommendations received from the 
     Science Commission.
       None of the funds in this or any other Act may be used to 
     initiate the design for any proposed expansion of current 
     space or new facility without consultation with the House and 
     Senate Appropriations Committees.
       None of the funds in this or any other Act may be used for 
     the Holt House located at the National Zoological Park in 
     Washington, D.C., unless identified as repairs to minimize 
     water damage, monitor structure movement, or provide interim 
     structural support.
       None of the funds available to the Smithsonian may be 
     reprogrammed without the advance written approval of the 
     House and Senate Committees on Appropriations in accordance 
     with the procedures contained in House Report No. 105-163.

                        National Gallery of Art


                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, museum, 
     and art associations or societies whose publications or 
     services are available to members only, or to members at a 
     price lower than to the general public; purchase, repair, and 
     cleaning of uniforms for guards, and uniforms, or allowances 
     therefor, for other employees as authorized by law (5 U.S.C. 
     5901-5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $78,219,000, 
     of which not to exceed $3,026,000 for the special exhibition 
     program shall remain available until expended.


            repair, restoration and renovation of buildings

       For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, as authorized, $16,230,000, to remain available 
     until expended: Provided, That contracts awarded for 
     environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

       For necessary expenses for the operation, maintenance and 
     security of the John F. Kennedy Center for the Performing 
     Arts, $16,310,000.


                              construction

       For necessary expenses for capital repair and restoration 
     of the existing features of the building and site of the John 
     F. Kennedy Center for the Performing Arts, $17,600,000, to 
     remain available until expended.

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $8,488,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $118,489,000, shall be available to the National Endowment 
     for the Arts for the support of projects and productions in 
     the arts through assistance to organizations and individuals 
     pursuant to sections 5(c) and 5(g) of the Act, including 
     $19,000,000 for support of arts education and public outreach 
     activities

[[Page S8219]]

     through the Challenge America program, for program support, 
     and for administering the functions of the Act, to remain 
     available until expended: Provided, That funds previously 
     appropriated to the National Endowment for the Arts 
     ``Matching Grants'' account 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, 
     $111,632,000, shall be available to the National Endowment 
     for the Humanities for support of activities in the 
     humanities, pursuant to section 7(c) of the Act, and for 
     administering the functions of the Act, to remain available 
     until expended.


                            matching grants

       To carry out the provisions of section 10(a)(2) of the 
     National Foundation on the Arts and the Humanities Act of 
     1965, as amended, $16,122,000, to remain available until 
     expended, of which $10,436,000 shall be available to the 
     National Endowment for the Humanities for the purposes of 
     section 7(h): Provided, That this appropriation shall be 
     available for obligation only in such amounts as may be equal 
     to the total amounts of gifts, bequests, and devises of 
     money, and other property accepted by the chairman or by 
     grantees of the Endowment under the provisions of subsections 
     11(a)(2)(B) and 11(a)(3)(B) during the current and preceding 
     fiscal years for which equal amounts have not previously been 
     appropriated.


                        administrative provision

       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), $4,000,000: 
     Provided, That none of these funds shall be available for 
     compensation of level V of the Executive Schedule or higher 
     positions.

                  National Capital Planning Commission


                         salaries and expenses

       For necessary expenses, as authorized by the National 
     Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
     services as authorized by 5 U.S.C. 3109, $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), 
     $38,663,000, of which $1,900,000 for the museum's repair and 
     rehabilitation program and $1,264,000 for the museum's 
     exhibitions program shall remain available until expended.

                             Presidio Trust


                          Presidio Trust fund

       For necessary expenses to carry out title I of the Omnibus 
     Parks and Public Lands Management Act of 1996, $21,327,000 
     shall be available to the Presidio Trust, to remain available 
     until expended.

                     TITLE III--GENERAL PROVISIONS

       Sec. 301. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive Order issued pursuant to existing law.
       Sec. 302. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which congressional action is not complete.
       Sec. 303. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 304. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 305. No assessments may be levied against any program, 
     budget activity, subactivity, or project funded by this Act 
     unless advance notice of such assessments and the basis 
     therefor are presented to the Committees on Appropriations 
     and are approved by such committees.
       Sec. 306. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (Sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 2002.
       Sec. 307. 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. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.
       (b) Exceptions.--The provisions of subsection (a) shall not 
     apply if the Secretary of the Interior determines that, for 
     the claim concerned: (1) a patent application was filed with 
     the Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Report.--On September 30, 2003, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on actions taken by the 
     Department under the plan submitted pursuant to section 
     314(c) of the Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have the 
     sole responsibility to choose and pay the third-party 
     contractor in accordance with the standard procedures 
     employed by the Bureau of Land Management in the retention of 
     third-party contractors.
       Sec. 309. Notwithstanding any other provision of law, 
     amounts appropriated to or earmarked in committee reports for 
     the Bureau of Indian Affairs and the Indian Health Service by 
     Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
     277, 106-113, 106-291, and 107-63 for payments to tribes and 
     tribal organizations for contract support costs associated 
     with self-determination or self-governance contracts, grants, 
     compacts, or annual funding agreements with the Bureau of 
     Indian Affairs or the Indian Health Service as funded by such 
     Acts, are the total amounts available for fiscal years 1994 
     through 2002 for such purposes, except that, for the Bureau 
     of Indian Affairs, tribes and tribal organizations may use 
     their tribal priority allocations for unmet indirect costs of 
     ongoing contracts, grants, self-governance compacts or annual 
     funding agreements.
       Sec. 310. Notwithstanding any other provision of law, for 
     fiscal year 2003 the Secretaries of Agriculture and the 
     Interior are authorized to limit competition for watershed 
     restoration project contracts as part of the ``Jobs in the 
     Woods'' Program established in Region 10 of the Forest 
     Service to individuals and entities in historically timber-
     dependent areas in the States of Washington, Oregon, northern 
     California, Idaho, Montana, and Alaska that have been 
     affected by reduced timber harvesting on Federal lands. The 
     Secretaries shall consider the benefits to the local economy 
     in evaluating bids and designing procurements which create 
     economic opportunities for local contractors.
       Sec. 311. 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.

[[Page S8220]]

       (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. 312. 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. 313. (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. 314. 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. 315. 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. 316. Notwithstanding any other provision of law, none 
     of the funds in this Act may be used for GSA 
     Telecommunication Centers.
       Sec. 317. 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. 318. Amounts deposited during fiscal year 2002 in the 
     roads and trails fund provided for in the 14th paragraph 
     under the heading ``FOREST SERVICE'' of the Act of March 4, 
     1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the 
     Secretary of Agriculture, without regard to the State in 
     which the amounts were derived, to repair or reconstruct 
     roads, bridges, and trails on National Forest System lands or 
     to carry out and administer projects to improve forest health 
     conditions, which may include the repair or reconstruction of 
     roads, bridges, and trails on National Forest System lands in 
     the wildland-community interface where there is an abnormally 
     high risk of fire. The projects shall emphasize reducing 
     risks to human safety and public health and property and 
     enhancing ecological functions, long-term forest 
     productivity, and biological integrity. The projects may be 
     completed in a subsequent fiscal year. Funds shall not be 
     expended under this section to replace funds which would 
     otherwise appropriately be expended from the timber salvage 
     sale fund. Nothing in this section shall be construed to 
     exempt any project from any environmental law.
       Sec. 319. No timber sale in Region 10 shall be advertised 
     if the indicated rate is deficit when appraised using a 
     residual value approach that assigns domestic Alaska values 
     for western redcedar. Program accomplishments shall be based 
     on volume sold. Should Region 10 sell, in fiscal year 2003, 
     the annual average portion of the decadal allowable sale 
     quantity called for in the current Tongass Land Management 
     Plan in sales which are not deficit when appraised using a 
     residual value approach that assigns domestic Alaska values 
     for western redcedar, all of the western redcedar timber from 
     those sales which is surplus to the needs of domestic 
     processors in Alaska, shall be made available to domestic 
     processors in the contiguous 48 United States at prevailing 
     domestic prices. Should Region 10 sell, in fiscal year 2003, 
     less than the annual average portion of the decadal allowable 
     sale quantity called for in the Tongass Land Management Plan 
     in sales which are not deficit when appraised using a 
     residual value approach that assigns domestic Alaska values 
     for western redcedar, the volume of western redcedar timber 
     available to domestic processors at prevailing domestic 
     prices in the contiguous 48 United States shall be that 
     volume: (i) which is surplus to the needs of domestic 
     processors in Alaska, and (ii) is that percent of the surplus 
     western redcedar volume determined by calculating the ratio 
     of the total timber volume which has been sold on the Tongass 
     to the annual average portion of the decadal allowable sale 
     quantity called for in the current Tongass Land Management 
     Plan. The percentage shall be calculated by Region 10 on a 
     rolling basis as each sale is sold (for purposes of this 
     amendment, a ``rolling basis'' shall mean that the 
     determination of how much western redcedar is eligible for 
     sale to various markets shall be made at the time each sale 
     is awarded). Western redcedar shall be deemed ``surplus to 
     the needs of domestic processors in Alaska'' when the timber 
     sale holder has presented to the Forest Service documentation 
     of the inability to sell western redcedar logs from a given 
     sale to domestic Alaska processors at a price equal to or 
     greater than the log selling value stated in the contract. 
     All additional western redcedar volume not sold to Alaska or 
     contiguous 48 United States domestic processors may be 
     exported to foreign markets at the election of the timber 
     sale holder. All Alaska yellow cedar may be sold at 
     prevailing export prices at the election of the timber sale 
     holder.
       Sec. 320. 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. 321. Revision of Forest Plans. Prior to October 1, 
     2003, the Secretary of Agriculture shall not be considered to 
     be in violation of subparagraph 6(f)(5)(A) of the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1604(f)(5)(A)) solely because more than 15 years have passed 
     without revision of the plan for a unit of the National 
     Forest System. Nothing in this section exempts the Secretary 
     from any other requirement of the Forest and Rangeland 
     Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or 
     any other law: Provided, That if the Secretary is not acting 
     expeditiously and in good faith, within the funding 
     available, to revise a plan for a unit of the National Forest 
     System, this section shall be void with respect to such plan 
     and a court of proper jurisdiction may order completion of 
     the plan on an accelerated basis.
       Sec. 322. 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. 323. 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 ``2004'' and 
     inserting ``2005''. The authority to enter into stewardship 
     and end result contracts provided to the Forest Service in 
     accordance with section 347 of title III of section 101(e) of 
     division A of Public Law 105-277 is hereby expanded to 
     authorize the Forest Service to enter into an additional 28 
     contracts subject to the same terms and conditions as 
     provided

[[Page S8221]]

     in that section: Provided, That of the additional contracts 
     authorized by this section at least 9 shall be allocated to 
     Region 1.
       Sec. 324. Employees of the foundations established by Acts 
     of Congress to solicit private sector funds on behalf of 
     Federal land management agencies shall, beginning in fiscal 
     year 2004, qualify for General Service Administration 
     contract airfares.
       Sec. 325. In entering into agreements with foreign 
     countries pursuant to the Wildfire Suppression Assistance Act 
     (42 U.S.C. 1856m) the Secretary of Agriculture and the 
     Secretary of the Interior are authorized to enter into 
     reciprocal agreements in which the individuals furnished 
     under said agreements to provide wildfire services are 
     considered, for purposes of tort liability, employees of the 
     country receiving said services when the individuals are 
     fighting fires. The Secretary of Agriculture or the Secretary 
     of the Interior shall not enter into any agreement under this 
     provision unless the foreign country (either directly or 
     through its fire organization) agrees to assume any and all 
     liability for the acts or omissions of American firefighters 
     engaged in firefighting in a foreign country. When an 
     agreement is reached for furnishing fire fighting services, 
     the only remedies for acts or omissions committed while 
     fighting fires shall be those provided under the laws of the 
     host country and those remedies shall be the exclusive 
     remedies for any claim arising out of fighting fires in a 
     foreign country. Neither the sending country nor any 
     organization associated with the firefighter shall be subject 
     to any action whatsoever pertaining to or arising out of 
     fighting fires.
       Sec. 326. A grazing permit or lease issued by the Secretary 
     of the Interior or a grazing permit issued by the Secretary 
     of Agriculture where National Forest System lands are 
     involved that expires, is transferred, or waived during 
     fiscal year 2003 shall be renewed under Section 402 of the 
     Federal Land Policy and Management Act of 1976, as amended 
     (43 U.S.C. 1752), Section 19 of the Granger-Thye Act, as 
     amended (16 U.S.C. 580l), or, if applicable, section 510 of 
     the California Desert Protection Act (16 U.S.C. 410aaa-50). 
     The terms and conditions contained in the expired, 
     transferred, or waived permit or lease shall continue in 
     effect under the renewed permit or lease until such time as 
     the Secretary of the Interior or Secretary of Agriculture as 
     appropriate completes processing of such permit or lease in 
     compliance with all applicable laws and regulations, at which 
     time such permit or lease may be canceled, suspended or 
     modified, in whole or in part, to meet the requirements of 
     such applicable laws and regulations. Nothing in this section 
     shall be deemed to alter the statutory authority of the 
     Secretary of the Interior or the Secretary of Agriculture: 
     Provided, That where National Forest System lands are 
     involved and the Secretary of Agriculture has renewed an 
     expired or waived grazing permit prior to fiscal year 2003 
     under the authority of Section 504 of the Rescissions Act of 
     1995 (Public Law 104-19), the terms and conditions of the 
     renewed grazing permit shall remain in effect until such time 
     as the Secretary of Agriculture completes processing of the 
     renewed permit in compliance with all applicable laws and 
     regulations or until the expiration of the renewed permit, 
     whichever comes first. Upon completion of the processing, the 
     permit may be canceled, suspended or modified, in whole or in 
     part, to meet the requirements of applicable laws and 
     regulations. Nothing in this section shall be deemed to alter 
     the Secretary of Agriculture's statutory authority.
       Sec. 327. In awarding a Federal Contract with funds made 
     available by this Act, the Secretary of Agriculture and the 
     Secretary of the Interior (the ``Secretaries'') may, in 
     evaluating bids and proposals, give consideration to local 
     contractors who are from, and who provide employment and 
     training for, dislocated and displaced workers in an 
     economically disadvantaged rural community, including those 
     historically timber-dependent areas that have been affected 
     by reduced timber harvesting on Federal lands and other 
     forest-dependent rural communities isolated from significant 
     alternative employment opportunities: Provided, That the 
     contract is for forest hazardous fuels reduction, watershed 
     or water quality monitoring or restoration, wildlife or fish 
     population monitoring, or habitat restoration or management: 
     Provided further, That the terms ``rural community'' and 
     ``economically disadvantaged'' shall have the same meanings 
     as in section 2374 of Public Law 101-624: Provided further, 
     That the Secretaries shall develop guidance to implement this 
     section: Provided further, That nothing in this section shall 
     be construed as relieving the Secretaries of any duty under 
     applicable procurement laws, except as provided in this 
     section.
       This Act may be cited as the ``Department of the Interior 
     and Related Agencies Appropriations Act, 2003''.
                                  ____

  SA 4473. Mr. BYRD (for himself and Mr. Burns) proposed an amendment 
to amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
as follows:

       At the end of Title I, add the following new section:
       ``Sec.   . Hereafter, the Department of the Interior 
     National Business Center may continue to enter into grants, 
     cooperative agreements, and other transactions, under the 
     Defense Conversion, Reinvestment, and Transition Assistance 
     Act of 1992, and other related legislation.''
                                  ____

  SA 4474. Mr. BYRD proposed an amendment to amendment SA 4472 proposed 
by Mr. Byrd to the bill H.R. 5093, making appropriations for the 
Department of the Interior and related agencies for the fiscal year 
ending September 30, 2003, and for other purposes; as follows:

       On page 83, line 13, strike ``$650,965,000'' and insert in 
     lieu thereof ``$640,965,000''.
                                  ____

  SA 4475. Mr. BYRD proposed an amendment to amendment SA 4472 proposed 
by Mr. Byrd to the bill H.R. 5093, making appropriations for the 
Department of the Interior and related agencies for the fiscal year 
ending September 30, 2003, and for other purposes; as follows:

       On page 26, line 15, strike ``315'' and insert in lieu 
     thereof ``301''.
                                  ____

  SA 4476. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 5093, making appropriations for the 
Department of the Interior and related agencies for the fiscal year 
ending September 30, 2003, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 14, lines 11 and 12, strike ``$42,182,000, to 
     remain available until expended:'' and insert ``$42,682,000, 
     to remain available until expended, of which $500,000 shall 
     be made available for the World Birding Center in Mission, 
     Texas:''.
       On page 14, line 26, strike ``$89,055,000'' and insert 
     ``$88,555,000''.
       On page 15, line 5, insert ``, of which $500,000 shall be 
     made available for the Lower Rio Grande Valley National 
     Wildlife Refuge'' before the colon.
                                  ____

  SA 4477. Mr. CRAPO submitted an amendment intended to be proposed to 
amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
which was ordered to lie on the table; as follows:
       On page 73, line 6, strike ``such Act'' and insert ``such 
     Act, of which not less than $3,000,000 shall be made 
     available to acquire scenic and conservation easements for 
     the Sawtooth National Recreation Area in the State of 
     Idaho''.
                                  ____

  SA 4478. Mr. CRAPO submitted an amendment intended to be proposed to 
amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
which was ordered to lie on the table; as follows:
       On page 5, line 23, before the period, insert the 
     following: ``: Provided further, That the Secretary of the 
     Interior may use wildland fire appropriations to enter into 
     non-competitive sole source leases of real property with 
     local governments, at or below fair market value, to 
     construct capitalized improvements for fire facilities on 
     such leased properties, including fire guard stations, 
     retardant stations, and other initial attack and fire support 
     facilities, and to make advance payments for any such lease 
     or for construction activity associated with the lease''.
                                  ____

  SA 4479. Mr. SMITH of New Hampshire (for himself, Ms. Stabenow, Mr. 
Levin, and Mr. Kerry) submitted an amendment intended to be proposed to 
amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
which was ordered to lie on the table; as follows:
       On page 86, line 2, before the period, insert the 
     following: ``: Provided further, That $4,000,000 shall be 
     made available to carry out programs to demonstrate proton 
     exchange membrane fuel cell-based ground support equipment at 
     Manchester Airport, New Hampshire, Logan International 
     Airport, Massachusetts, and Detroit Metro Airport, 
     Michigan''.
                                  ____

  SA 4480. Mr. BYRD (for himself, Mr. Burns, Mr. Stevens, Mr. Reid, Mr. 
Domenici, Mrs. Murray, Mr. Craig, Mr. Wyden, Mr. Kyl, Mr. Baucus, and 
Mr. Campbell) proposed an amendment to amendment SA 4472 proposed by 
Mr. Byrd to the bill H.R. 5093, making appropriations for the 
Department of the Interior and related agencies for the fiscal year 
ending September 30, 2003, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 127, line 2, immediately following the ``.'' insert 
     the following:

[[Page S8222]]

            TITLE IV--WILDLAND FIRE EMERGENCY APPROPRIATIONS

                       DEPARTMENT OF THE INTERIOR

                        BURAU OF LAND MANAGEMENT

                        WILDLAND FIRE MANAGEMENT

       For necessary expenses to repay prior year advances from 
     other appropriations transferred for emergency rehabilitation 
     or wildfire suppression by the Department of the Interior, 
     $189,000,000, to be available immediately upon enactment of 
     this Act and to remain available until expended: Provided, 
     that the Secretary of the Interior shall certify in writing 
     to the House and Senate Committees on Appropriation within 30 
     days of receiving funds under this title which appropriations 
     accounts from which funds were advanced in fiscal year 2002 
     for emergency rehabilitation or wildfire suppression have 
     been repaid and the amount of repayment: Provided, further, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             FOREST SERVICE

                        WILDLAND FIRE MANAGEMENT

       For necessary expenses to repay prior year advances from 
     appropriations accounts from which funds were borrowed for 
     wildfire suppression, $636,000,000, to be available 
     immediately upon enactment of this Act and to remain 
     available until expended: Provided, that the Secretary of 
     Agriculture shall certify in writing to the House and Senate 
     Committees on Appropriation within 30 days of receiving funds 
     under this title which appropriations accounts from which 
     funds were advanced in fiscal year 2002 for wildfire 
     suppression have been repaid and the amount of repayment: 
     Provided, further, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.
                                  ____

  SA 4481. Mr. DASCHLE, (for himself, Mr. Baucus, Mr. Johnson, Mr. 
Harkin, Mrs. Carnahan, Mr. Burns, Mr. Dorgan, Mr. Nelson of Nebraska, 
Ms. Stabenow, Mr. Levin, Mrs. Clinton, Mrs. Lincoln, Mr. Conrad, Mr. 
Wellstone, Mr. Dayton, Mr. Schumer, Mr. Reid, Mr. Byrd, Mr. Edwards, 
Mr. Hatch, Mr. Bingaman, Mr. Cleland and Mr. Enzi) proposed an 
amendment to amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 
5093, making appropriations for the Department of the Interior and 
related agencies for the fiscal year ending September 30, 2003, and for 
other purposes; as follows:
       At the appropriate place, insert the following:

          TITLE __--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE

     SEC. __01. CROP DISASTER ASSISTANCE.

       (a) In General.--Notwithstanding section 508(b)(7) of the 
     Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the 
     Secretary of Agriculture (referred to in this title as the 
     ``Secretary'') shall use such sums as are necessary of funds 
     of the Commodity Credit Corporation to make emergency 
     financial assistance authorized under this section available 
     to producers on a farm that have incurred qualifying crop 
     losses for the 2001 or 2002 crop due to damaging weather or 
     related condition, as determined by the Secretary.
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 815 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including 
     using the same loss thresholds for the quantity and quality 
     losses as were used in administering that section.

     SEC. __02. LIVESTOCK ASSISTANCE PROGRAM.

       (a) In General.--The Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation as are 
     necessary to make and administer payments for livestock 
     losses to producers for 2001 and 2002 losses in a county that 
     has received an emergency designation by the President or the 
     Secretary after January 1, 2001, and January 1, 2002, 
     respectively, of which an amount determined by the Secretary 
     shall be made available for the American Indian livestock 
     program under section 806 of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (Public Law 106-387; 114 
     Stat. 1549A-51).
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 105-277; 114 Stat. 1549A-51).

     SEC. __03. COMMODITY CREDIT CORPORATION.

       The Secretary shall use the funds, facilities, and 
     authorities of the Commodity Credit Corporation to carry out 
     this title upon enactment.

     SEC. __04. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this title.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this title shall be made without regard 
     to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (c) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.

     SEC. __05. EMERGENCY DESIGNATION.

       (a) In General.--The entire amount made available under 
     this title shall be available only to the extent that the 
     President submits to Congress an official budget request for 
     a specific dollar amount that includes designation of the 
     entire amount of the request as an emergency requirement for 
     the purposes of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 900 et seq.).
       (b) Designation.--The entire amount made available under 
     this section is designated by Congress as an emergency 
     requirement under sections 251(b)(2)(A) and 252(e) of that 
     Act (2 U.S.C. 901(b)(2)(A), 902(e)).

     SEC.  . CONGRESSIONAL BUDGET ACT.

       Notwithstanding Rule 3 of the Budget Scorekeeping 
     Guidelines set forth in the joint explanatory statement of 
     the committee of conference accompanying Conference Report 
     105-217, the provisions of this section that would have been 
     estimated by the Office of Management and Budget as changing 
     direct spending or receipts under section 252 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 were it 
     included in an Act other than an appropriations Act shall be 
     treated as direct spending or receipts legislation, as 
     appropriate, under section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, and by the Chairman of 
     the Senate Budget Committee, as appropriate, under the 
     Congressional Budget Act.
                                  ____

  SA 4482. Mr. MURKOWSKI submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AGE AND OTHER LIMITATIONS.

       (a) General.--Notwithstanding any other provision of law, 
     beginning on the date that is 6 months after the date of 
     enactment of this Act--
       (1) section 121.383(c) of title 14, Code of Federal 
     Regulations, shall not apply;
       (2) no certificate holder may use the services of any 
     person as a pilot on an airplane engaged in operations under 
     part 121 of title 14, Code of Federal Regulations, if that 
     person is 63 years of age or older; and
       (3) no person may serve as a pilot on an airplane engaged 
     in operations under part 121 of title 14, Code of Federal 
     Regulations, if that person is 63 years of age or older.
       (b) Certificate Holder.--For purposes of this section, the 
     term ``certificate holder'' means a holder of a certificate 
     to operate as an air carrier or commercial operator issued by 
     the Federal Aviation Administration.
       (c) Reservation of Safety Authority.--Nothing in this 
     section is intended to change the authority of the Federal 
     Aviation Administration to take steps to ensure the safety of 
     air transportation operations involving a pilot who has 
     reached the age of 60, including its authority--
       (1) to require such a pilot to undergo additional or more 
     stringent medical, cognitive, or proficiency testing in order 
     to retain certification; or
       (2) to establish crew pairing standards for crews with such 
     a pilot.
                                  ____

  SA 4483. Mr. MURKOWSKI submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC.   . FOOD AND DRINKING WATER SUPPLY SECURITY PROGRAM.

       (a) Findings.--Congress finds that--
       (1) section 413 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5180) authorizes the 
     purchase of food commodities to provide adequate supplies of 
     food for use in any area of the United States in the event of 
     a major disaster or emergency in the area;
       (2) the current terrorist threat was not envisioned when 
     that Act was enacted, and the Act does not specifically 
     require prepositioning of food supplies;
       (3) the maintenance of safe food and drinking water 
     supplies is essential;
       (4) stored food supplies for major cities are minimal;
       (5) if terrorist activity were to disrupt the 
     transportation system, affect food supplies directly, or 
     create a situation in which a quarantine would have to be 
     declared, it would require a considerable period of time to 
     ensure delivery of safe food supplies;
       (6) terrorist activity could also disrupt drinking water 
     supplies; and

[[Page S8223]]

       (7) accordingly, emergency food and drinking water 
     repositories should be established at such locations as will 
     ensure the availability of food and drinking water to 
     populations in areas that are vulnerable to terrorist 
     activity.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to Congress a report with information necessary 
     to the establishment of secure prepositioned emergency 
     supplies of food and drinking water for major population 
     centers for use in the event of a breakdown in the food 
     supply and delivery chain.
       (2) Considerations.--The report shall consider the 
     likelihood of such breakdowns occurring from accidents and 
     natural disasters as well as terrorist activity.
       (3) Contents.--The report shall--
       (A) identify the 20 most vulnerable metropolitan areas or 
     population concentrations in the United States; and
       (B) make recommendations regarding the appropriate number 
     of days' supply of food to be maintained to ensure the 
     security of the population in each such area.
       (c) Repositories.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall establish secure repositories for food and drinking 
     water in each of the 20 areas identified in the report.
       (2) Accessibility.--The repositories shall be locally 
     accessible without special equipment in the event of major 
     transportation breakdown.
       (d) Purchase of Supplies.--
       (1) In general.--The Secretary of Agriculture shall 
     purchase and maintain food and water stocks for each 
     repository, consistent with determinations made by the 
     Secretary of Homeland Security.
       (2) Phasing in.--Purchases and full stocking of 
     repositories may be phased in over a period of not more than 
     3 years.
       (3) Products of the united states.--The Secretary of 
     Agriculture shall purchase for the repositories food and 
     water supplies produced, processed, and packaged exclusively 
     in the United States.
       (4) Selection.--Food and water supplies for the 
     repositories shall be selected and managed so as to provide--
       (A) quantities and packaging suitable for immediate 
     distribution to individuals and families;
       (B) forms of food products suitable for immediate 
     consumption in an emergency without heating and without 
     further preparation;
       (C) packaging that ensures that food products are maximally 
     resistant to postproduction contamination or adulteration;
       (D) packaging and preservation technology to ensure that 
     the quality of stored food and water is maintained for a 
     minimum of 4 years at ambient temperatures;
       (E) a range of food products, including meats, seafood, 
     dairy, and vegetable (including fruit and grain) products, 
     emphasizing, insofar as practicable--
       (i) food products that meet multiple nutritional needs, 
     such as those composed primarily of high-quality protein in 
     combination with essential minerals; and
       (ii) food products with a high ratio of nutrient value to 
     cost;
       (F) rotation of stock, in repositories on a regular basis 
     at intervals of not longer than 3 years; and
       (G) use of stocks of food being rotated out of repositories 
     for other suitable purposes.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                  ____

  SA 4484. Mr. MURKOWSKI submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC.  . NATIONAL DEFENSE RAIL CONNECTION.

       (a) Findings.--Congress finds that--
       (1) A comprehensive rail transportation network is a key 
     element of an integrated transportation system for the North 
     American continent, and federal leadership is required to 
     address the needs of a reliable, safe, and secure rail 
     network, and to connect all areas of the United States for 
     national defense and economic development, as previously done 
     for the interstate highway system, the Federal aviation 
     network, and the transcontinental railroad;
       (2) The creation and use of joint use corridors for rail 
     transportation, fiber optics, pipelines, and utilities are an 
     efficient and appropriate approach to optimizing the nation's 
     interconnectivity and national security;
       (3) Government assistance and encouragement in the 
     development of the transcontinental rail system successfully 
     led to the growth of economically strong and socially stable 
     communities throughout the western United States;
       (4) Government assistance and encouragement in the 
     development of the Alaska Railroad between Seward, Alaska and 
     Fairbanks, Alaska successfully led to the growth of 
     economically strong and socially stable communities along the 
     route, which today provide homes for over 70% of Alaska's 
     total population;
       (5) While Alaska and the remainder of the continental 
     United States has been connected by highway and air 
     transportation, no rail connection exists despite the fact 
     that Alaska is accessible by land routes and is a logical 
     destination for the North American rail system;
       (6) Rail transportation in otherwise isolated areas is an 
     appropriate means of providing controlled access, reducing 
     overall impacts to environmentally sensitive areas over other 
     methods of land-based access;
       (7) Because Congress originally authorized 1,000 miles of 
     rail line to be built in Alaska, and because the system today 
     covers only approximately half that distance, substantially 
     limiting its beneficial effect on the economy of Alaska and 
     the nation, it is appropriate to support the expansion of the 
     Alaska system to ensure the originally planned benefits are 
     achieved;
       (8) Alaska has an abundance of natural resources, both 
     material and aesthetic, access to which would significantly 
     increase Alaska's contribution to the national economy;
       (9) Alaska contains many key national defense 
     installations, including sites chosen for the construction of 
     the first phase of the National Missile Defense system, the 
     cost of which could be significantly reduced if rail 
     transportation were available for the movement of materials 
     necessary for construction and for the secure movement of 
     launch vehicles, fuel and other operational supplies;
       (10) The 106th Congress recognized the potential benefits 
     of establishing a rail connection to Alaska by enacting 
     legislation to authorize a U.S.-Canada bilateral commission 
     to study the feasibility of linking the rail system in Alaska 
     to the nearest appropriate point in Canada of the North 
     American rail network; and
       (11) In support of pending bilateral activities between the 
     United States and Canada, it is appropriate for the United 
     States to undertake activities relating to elements within 
     the United States.
       (b) Identification of National Defense Railroad-Utility 
     Corridor.--
       (1) Within one year from the date of enactment of this Act, 
     the Secretary of the Interior, in consultation with the 
     Secretary of Transportation, the State of Alaska and the 
     Alaska Railroad Corporation, shall identify a proposed 
     national defense railroad-utility corridor linking the 
     existing corridor of the Alaska Railroad to the vicinity of 
     the proposed National Missile Defense facilities at Fort 
     Greely, Alaska. The corridor shall be at least 500 feet wide 
     and shall also identify land for such terminals, stations, 
     maintenance facilities, switching yards, and material sites 
     as are considered necessary.
       (2) The identification of the corridor under paragraph (1) 
     shall include information providing a complete legal 
     description and noting the current ownership of the proposed 
     corridor and associated land.
       (3) In identifying the corridor under paragraph (1), the 
     Secretary shall consider, at a minimum, the following 
     factors:
       (A) The proximity of national defense installations and 
     national defense considerations;
       (B) The location of and access to natural resources that 
     could contribute to economic development of the region;
       (C) Grade and alignment standards that are commensurate 
     with rail and utility construction standards and that 
     minimize the prospect of at-grade railroad and highway 
     crossings;
       (D) Availability of construction materials;
       (E) Safety;
       (F) Effects on and service to adjacent communities and 
     potential intermodal transportation connections;
       (G) Environmental concerns;
       (H) Use of public land to the maximum degree possible;
       (I) Minimization of probable construction costs;
       (J) An estimate of probable construction costs and methods 
     of financing such costs through a combination of private, 
     state, and federal sources; and
       (K) Appropriate utility elements for the corridor, 
     including but not limited to petroleum product pipelines, 
     fiber-optic telecommunication facilities, and electrical 
     power transmission lines, and
       (L) Prior and established traditional uses.
       (4) The Secretary may, as part of the corridor 
     identification, include issues related to the further 
     extension of such corridor to a connection with the nearest 
     appropriate terminus of the North American rail network in 
     Canada.
       (c) Negotiation and Land Transfer.--
       (1) The Secretary of the Interior shall--
       (A) upon completion of the corridor identification in 
     subsection (b), negotiate the acquisition of any lands in the 
     corridor which are not federally owned through an exchange 
     for lands of equal or greater value held by the federal 
     government elsewhere in Alaska; and
       (B) upon completion of the acquisition of lands under 
     paragraph (A), the Secretary shall convey to the Alaska 
     Railroad Corporation, subject to valid existing rights, title 
     to the lands identified under subsection (b) as necessary to 
     complete the national defense railroad-utility corridor, on 
     condition that the Alaska Railroad Corporation construct in 
     the corridor an extension of the railroad system to the 
     vicinity of the proposed national missile defense 
     installation at Fort Greely, Alaska, together with such other 
     utilities, including but not limited to fiber-optic 
     transmission lines and electrical transmission lines, as it 
     considers necessary and appropriate. The Federal interest in 
     lands

[[Page S8224]]

     conveyed to the Alaska Railroad Corporation under this Act 
     shall be the same as in lands conveyed pursuant to the Alaska 
     Railroad Transfer Act (45 USC 1201 et seq.).
       (d) Applicability of Other Laws.--Actions authorized in 
     this Act shall proceed immediately and to conclusion not 
     withstanding the land-use planning provisions of Section 202 
     of the Federal Land Policy and Management Act of 1976, P.L. 
     94-579.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the provisions of this Act.
                                  ____

  SA 4485. Mr. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 4467 submitted by Mr. Lieberman and intended to be 
proposed to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 136, between lines 15 and 16, insert the following:

     SEC. 172. AIRLINE PASSENGER SCREENING.

       Section 44901(b) of title 49, United States Code, is 
     amended--
       (1) by striking ``All screening of passengers'' and 
     inserting:
       ``(1) In general.--All screening of passengers''; and
       (2) by adding at the end the following:
       ``(2) Treatment of passengers.--Screening of passengers 
     under this section shall be carried out in a manner that --
       ``(A) is not abusive or unnecessarily intrusive;
       ``(B) ensures protection of the passenger's personal 
     property; and
       ``(C) provides adequate privacy for the passenger, if the 
     screening involves the removal of clothing (other than shoes) 
     or a search under the passenger's clothing.''.
                                  ____

  SA 4486. Mr. WELLSTONE proposed an amendment to amendment SA 4471 
proposed by Mr. Lieberman to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; as follows:

       After section 171, insert the following:

     SEC. __. PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES.

       (a) In General.--The Secretary may not enter into any 
     contract with a foreign incorporated entity which is treated 
     as an inverted domestic corporation under subsection (b).
       (b) Inverted Domestic Corporation.--For purposes of this 
     section, a foreign incorporated entity shall be treated as an 
     inverted domestic corporation if, pursuant to a plan (or a 
     series of related transactions)--
       (1) the entity has completed the direct or indirect 
     acquisition of substantially all of the properties held 
     directly or indirectly by a domestic corporation or 
     substantially all of the properties constituting a trade or 
     business of a domestic partnership,
       (2) after the acquisition at least 50 percent of the stock 
     (by vote or value) of the entity is held--
       (A) in the case of an acquisition with respect to a 
     domestic corporation, by former shareholders of the domestic 
     corporation by reason of holding stock in the domestic 
     corporation, or
       (B) in the case of an acquisition with respect to a 
     domestic partnership, by former partners of the domestic 
     partnership by reason of holding a capital or profits 
     interest in the domestic partnership, and
       (3) the expanded affiliated group which after the 
     acquisition includes the entity does not have substantial 
     business activities in the foreign country in which or under 
     the law of which the entity is created or organized when 
     compared to the total business activities of such expanded 
     affiliated group.
       (c) Definitions and Special Rules.--For purposes of this 
     section--
       (1) Rules for application of subsection (b).--In applying 
     subsection (b) for purposes of subsection (a), the following 
     rules shall apply:
       (A) Certain stock disregarded.--There shall not be taken 
     into account in determining ownership for purposes of 
     subsection (b)(2)--
       (i) stock held by members of the expanded affiliated group 
     which includes the foreign incorporated entity, or
       (ii) stock of such entity which is sold in a public 
     offering related to the acquisition described in subsection 
     (b)(1).
       (B) Plan deemed in certain cases.--If a foreign 
     incorporated entity acquires directly or indirectly 
     substantially all of the properties of a domestic corporation 
     or partnership during the 4-year period beginning on the date 
     which is 2 years before the ownership requirements of 
     subsection (b)(2) are met, such actions shall be treated as 
     pursuant to a plan.
       (C) Certain transfers disregarded.--The transfer of 
     properties or liabilities (including by contribution or 
     distribution) shall be disregarded if such transfers are part 
     of a plan a principal purpose of which is to avoid the 
     purposes of this section.
       (D) Special rule for related partnerships.--For purposes of 
     applying subsection (b) to the acquisition of a domestic 
     partnership, except as provided in regulations, all 
     partnerships which are under common control (within the 
     meaning of section 482 of the Internal Revenue Code of 1986) 
     shall be treated as 1 partnership.
       (E) Treatment of certain rights.--The Secretary shall 
     prescribe such regulations as may be necessary--
       (i) to treat warrants, options, contracts to acquire stock, 
     convertible debt instruments, and other similar interests as 
     stock, and
       (ii) to treat stock as not stock.
       (2) Expanded affiliated group.--The term ``expanded 
     affiliated group'' means an affiliated group as defined in 
     section 1504(a) of the Internal Revenue Code of 1986 (without 
     regard to section 1504(b) of such Code), except that section 
     1504(a) of such Code shall be applied by substituting ``more 
     than 50 percent'' for ``at least 80 percent'' each place it 
     appears.
       (3) Foreign incorporated entity.--The term ``foreign 
     incorporated entity'' means any entity which is, or but for 
     subsection (b) would be, treated as a foreign corporation for 
     purposes of the Internal Revenue Code of 1986.
       (4) Other definitions.--The terms ``person'', ``domestic'', 
     and ``foreign'' have the meanings given such terms by 
     paragraphs (1), (4), and (5) of section 7701(a) of the 
     Internal Revenue Code of 1986, respectively.
       (d) Waiver.--The President may waive subsection (a) with 
     respect to any specific contract if the President certifies 
     to Congress that the waiver is required in the interest of 
     national security.
                                  ____

  SA 4487. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   . INTERAGENCY HOMELAND SECURITY FUSION CENTERS.

       (a) In General.--The Secretary shall establish a system of 
     Interagency Homeland Security Interagency Fusion Centers--
       (1) to coordinate the interagency fusion of maritime 
     homeland security information focusing on the air and sea 
     approaches to the United States;
       (2) to facilitate information sharing between all of the 
     participating agencies; and
       (3) to provide intelligence cuing to the appropriate 
     agencies concerning maritime threats to the homeland security 
     of the United States.
       (b) Membership.--Each Interagency Homeland Security Fusion 
     Center shall be composed of individuals designated by the 
     Secretary, and may include representatives of--
       (1) the United States Coast Guard;
       (2) the United States Customs Service;
       (3) the Drug Enforcement Administration;
       (4) the Department of Defense;
       (5) the Immigration and Naturalization Service;
       (6) the Transportation Security Administration;
       (7) the Federal Bureau of Investigation;
       (8) the Central Intelligence Agency;
       (9) the National Security Agency;
       (10) any other Federal agency the Secretary deems 
     necessary; and
       (11) representatives of such foreign governments as the 
     President may direct.
       (c) Function.--Interagency Fusion Centers shall--
       (1) have access to all participating agencies' databases 
     and information systems with adequate protections to ensure 
     their security;
       (2) collect, fuse, analyze, and disseminate information 
     from the participating agencies concerning, but not limited 
     to, tracking vessels, cargo, and persons of interest to 
     identify and locate potential homeland security threats to 
     the United States; and
       (3) immediately alert all pertinent agencies to potential 
     homeland security threats.
       (d) Implementation Report.--No later than 1 year after the 
     date of enactment of this Act, the Secretary shall provide a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Transportation 
     and Infrastructure of the House of Representatives, the 
     Committee on Governmental Affairs of the Senate, the 
     Committee on Government Reform of the House of 
     Representatives, and the Committees on Appropriations of the 
     Senate and the House of Representatives detailing a plan to 
     implement the Interagency Homeland Security Fusion Centers 
     required by this section. The report shall--
       (1) specify the number and location of the Interagency 
     Homeland Security Fusion Centers required;
       (2) provide a transition plan to implement these centers, 
     which will name the agencies to be involved;
       (3) delineate the manner in which these centers will 
     operate in conjunction or in place of other intelligence or 
     fusion centers currently in existence; and
       (4) propose any needed changes in authorities for the 
     agencies involved in the Interagency Homeland Security Fusion 
     Centers.
                                  ____

  SA 4488. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S8225]]

     SEC.   . COAST GUARD FUNDING FLOORS.

       (a) In General.--No budget request submitted to the 
     Congress pursuant to section 1105 of title 31, United States 
     Code, for fiscal year 2004 or fiscal year 2005 shall contain 
     a request for any Federal department that includes, for the 
     Coast Guard, a reduction in annual total spending and annual 
     internal budget allocations for each non-homeland security 
     mission area below the appropriated levels and allocations 
     for fiscal year 2002 or fiscal year 2003, whichever is 
     greater for each area.
       (b) Non-Homeland Security Missions.--The term ``non-
     homeland security missions'' means the following missions of 
     the Coast Guard:
       (1) Marine safety.
       (2) Search and rescue.
       (3) Aids to navigation.
       (4) Living marine resources (fisheries law enforcement).
       (5) Marine environmental protection.
       (6) Ice operations.
       (c) Waiver.--
       (1) In general.--The President may waive the requirements 
     of subsection (a) if the Commandant of the Coast Guard 
     recommends at the same time to the President and to the 
     Congress that such a waiver is necessary in order to mitigate 
     substantially the consequences of a specific major accident, 
     respond successfully to a specific and unanticipated national 
     or international crisis, counter a specific, unanticipated 
     threat to United States homeland security, or otherwise react 
     satisfactorily to a specific, unanticipated event occurring 
     within the Coast Guard's mission areas, any of which that has 
     occurred since the date of the enactment of this Act.
       (2) Justification.--The Commandant's recommendation to the 
     President and the Congress shall include a detailed 
     justification for the recommendation, including the specific 
     information upon which the recommendation is based and the 
     specific reasons why the Coast Guard could not effectively 
     respond to the accident, crisis, threat, or event within the 
     aforementioned restrictions.
       (3) Intelligence certification.--Any recommendation for a 
     waiver based on the need to counter a specific, unanticipated 
     threat to United States homeland security shall be 
     accompanied by a certification by the Director of Central 
     Intelligence that--
       (A) there exists a preponderance of credible, accurate, and 
     compelling evidence within the Intelligence Community that 
     demonstrates that the threat upon which the Commandant's 
     recommendation is based is real, unanticipated, and acute, 
     and that immediate action must be taken to counter it; and
       (B) the Intelligence Community is taking specific and 
     decisive steps to reduce significantly the probability that 
     such threats will be unanticipated in the future.
                                  ____

  SA 4489. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.  . REPORT ON ACCELERATING THE INTEGRATED DEEPWATER 
                   SYSTEM.

       No later than 90 days after the date of enactment of this 
     Act, the Secretary, in consultation with the Commandant of 
     the Coast Guard shall submit a report to the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committees on Appropriations of the Senate and the House of 
     Representatives that--
       (1) analyzes the feasibility of accelerating the rate of 
     procurement in the Coast Guard's Integrated Deepwater System 
     from 20 years to 10 years;
       (2) includes an estimate of additional resources required;
       (3) describes the resulting increased capabilities;
       (4) outlines any increases in the Coast Guard's homeland 
     security readiness;
       (5) describes any increases in operational efficiencies; 
     and
       (6) provides a revised asset phase-in time line.
                                  ____

  SA 4490. Mr. REID proposed an amendment to amendment SA 4486 proposed 
by Mr. Wellstone to the amendment SA 4471 proposed by Mr. Lieberman to 
the bill H.R. 5005 to establish the Department of Homeland Security, 
and for other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES.

       (a) In General.--The Secretary may not enter into any 
     contract with a foreign incorporated entity which is treated 
     as an inverted domestic corporation under subsection (b).
       (b) Inverted Domestic Corporation.--For purposes of this 
     section, a foreign incorporated entity shall be treated as an 
     inverted domestic corporation if, pursuant to a plan (or a 
     series of related transactions)--
       (1) the entity has completed the direct or indirect 
     acquisition of substantially all of the properties held 
     directly or indirectly by a domestic corporation or 
     substantially all of the properties constituting a trade or 
     business of a domestic partnership,
       (2) after the acquisition at least 50 percent of the stock 
     (by vote or value) of the entity is held--
       (A) in the case of an acquisition with respect to a 
     domestic corporation, by former shareholders of the domestic 
     corporation by reason of holding stock in the domestic 
     corporation, or
       (B) in the case of an acquisition with respect to a 
     domestic partnership, by former partners of the domestic 
     partnership by reason of holding a capital or profits 
     interest in the domestic partnership, and
       (3) the expanded affiliated group which after the 
     acquisition includes the entity does not have substantial 
     business activities in the foreign country in which or under 
     the law of which the entity is created or organized when 
     compared to the total business activities of such expanded 
     affiliated group.
       (c) Definitions and Special Rules.--For purposes of this 
     section--
       (1) Rules for application of subsection (b).--In applying 
     subsection (b) for purposes of subsection (a), the following 
     rules shall apply:
       (A) Certain stock disregarded.--There shall not be taken 
     into account in determining ownership for purposes of 
     subsection (b)(2)--
       (i) stock held by members of the expanded affiliated group 
     which includes the foreign incorporated entity, or
       (ii) stock of such entity which is sold in a public 
     offering related to the acquisition described in subsection 
     (b)(1).
       (B) Plan deemed in certain cases.--If a foreign 
     incorporated entity acquires directly or indirectly 
     substantially all of the properties of a domestic corporation 
     or partnership during the 4-year period beginning on the date 
     which is 2 years before the ownership requirements of 
     subsection (b)(2) are met, such actions shall be treated as 
     pursuant to a plan.
       (C) Certain transfers disregarded.--The transfer of 
     properties or liabilities (including by contribution or 
     distribution) shall be disregarded if such transfers are part 
     of a plan a principal purpose of which is to avoid the 
     purposes of this section.
       (D) Special rule for related partnerships.--For purposes of 
     applying subsection (b) to the acquisition of a domestic 
     partnership, except as provided in regulations, all 
     partnerships which are under common control (within the 
     meaning of section 482 of the Internal Revenue Code of 1986) 
     shall be treated as 1 partnership.
       (E) Treatment of certain rights.--The Secretary shall 
     prescribe such regulations as may be necessary--
       (i) to treat warrants, options, contracts to acquire stock, 
     convertible debt instruments, and other similar interests as 
     stock, and
       (ii) to treat stock as not stock.
       (2) Expanded affiliated group.--The term ``expanded 
     affiliated group'' means an affiliated group as defined in 
     section 1504(a) of the Internal Revenue Code of 1986 (without 
     regard to section 1504(b) of such Code), except that section 
     1504(a) of such Code shall be applied by substituting ``more 
     than 50 percent'' for ``at least 80 percent'' each place it 
     appears.
       (3) Foreign incorporated entity.--The term ``foreign 
     incorporated entity'' means any entity which is, or but for 
     subsection (b) would be, treated as a foreign corporation for 
     purposes of the Internal Revenue Code of 1986.
       (4) Other definitions.--The terms ``person'', ``domestic'', 
     and ``foreign'' have the meanings given such terms by 
     paragraphs (1), (4), and (5) of section 7701(a) of the 
     Internal Revenue Code of 1986, respectively.
       (d) Waiver.--The President may waive subsection (a) with 
     respect to any specific contract if the President certifies 
     to Congress that the waiver is required in the interest of 
     national security.
       This section shall take effect one day after the date of 
     this bill's enactment.
                                  ____

  SA 4491. Mr. SMITH of New Hampshire (for himself, Mrs. Boxer, Mr. 
Murkowski, Mr. Burns, Mr. Bunning, and Mr. Miller) proposed an 
amendment to amendment SA 4471 proposed by Mr. Lieberman to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; as follows

       At the appropriate place, insert the following new title:

       TITLE __--FLIGHT AND CABIN SECURITY ON PASSENGER AIRCRAFT

     SECTION __1. SHORT TITLE.

       This title may be cited as the ``Arming Pilots Against 
     Terrorism and Cabin Defense Act of 2002''.

     SEC. __2. FINDINGS.

       Congress makes the following findings:
       (1) Terrorist hijackers represent a profound threat to the 
     American people.
       (2) According to the Federal Aviation Administration, 
     between 33,000 and 35,000 commercial flights occur every day 
     in the United States.
       (3) The Aviation and Transportation Security Act (public 
     law 107-71) mandated that air marshals be on all high risk 
     flights such as those targeted on September 11, 2001.
       (4) Without air marshals, pilots and flight attendants are 
     a passenger's first line of defense against terrorists.

[[Page S8226]]

       (5) A comprehensive and strong terrorism prevention program 
     is needed to defend the Nation's skies against acts of 
     criminal violence and air piracy. Such a program should 
     include--
       (A) armed Federal air marshals;
       (B) other Federal agents;
       (C) reinforced cockpit doors;
       (D) properly-trained armed pilots;
       (E) flight attendants trained in self-defense and terrorism 
     prevention; and
       (F) electronic communications devices, such as real-time 
     video monitoring and hands-free wireless communications 
     devices to permit pilots to monitor activities in the cabin.

     SEC. __3. FEDERAL FLIGHT DECK OFFICER PROGRAM.

       (a) In General.--Subchapter I of chapter 449 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 44921. Federal flight deck officer program

       ``(a) Establishment.--Not later than 90 days after the date 
     of enactment of the Arming Pilots Against Terrorism and Cabin 
     Defense Act of 2002, the Under Secretary of Transportation 
     for Security shall establish a program to deputize qualified 
     pilots of commercial cargo or passenger aircraft who 
     volunteer for the program as Federal law enforcement officers 
     to defend the flight decks of commercial aircraft of air 
     carriers engaged in air transportation or intrastate air 
     transportation against acts of criminal violence or air 
     piracy. Such officers shall be known as `Federal flight deck 
     officers'. The program shall be administered in connection 
     with the Federal air marshal program.
       ``(b) Qualified Pilot.--Under the program described in 
     subsection (a), a qualified pilot is a pilot of an aircraft 
     engaged in air transportation or intrastate air 
     transportation who--
       ``(1) is employed by an air carrier;
       ``(2) has demonstrated fitness to be a Federal flight deck 
     officer in accordance with regulations promulgated pursuant 
     to this title; and
       ``(3) has been the subject of an employment investigation 
     (including a criminal history record check) under section 
     44936(a)(1).
       ``(c) Training, Supervision, and Equipment.--The Under 
     Secretary of Transportation for Security shall provide or 
     make arrangements for training, supervision, and equipment 
     necessary for a qualified pilot to be a Federal flight deck 
     officer under this section at no expense to the pilot or the 
     air carrier employing the pilot. The Under Secretary may 
     approve private training programs which meet the Under 
     Secretary's specifications and guidelines. Air carriers shall 
     make accommodations to facilitate the training of their 
     pilots as Federal flight deck officers and shall facilitate 
     Federal flight deck officers in the conduct of their duties 
     under this program.
       ``(d) Deputization.--
       ``(1) In general.--The Under Secretary of Transportation 
     for Security shall train and deputize, as a Federal flight 
     deck officer under this section, any qualified pilot who 
     submits to the Under Secretary a request to be such an 
     officer.
       ``(2) Initial deputization.--Not later than 120 days after 
     the date of enactment of this section, the Under Secretary 
     shall deputize not fewer than 500 qualified pilots who are 
     former military or law enforcement personnel as Federal 
     flight deck officers under this section.
       ``(3) Full implementation.--Not later than 24 months after 
     the date of enactment of this section, the Under Secretary 
     shall deputize any qualified pilot as a Federal flight deck 
     officer under this section.
       ``(e) Compensation.--Pilots participating in the program 
     under this section shall not be eligible for compensation 
     from the Federal Government for services provided as a 
     Federal flight deck officer.
       ``(f) Authority To Carry Firearms.--The Under Secretary of 
     Transportation for Security shall authorize a Federal flight 
     deck officer under this section to carry a firearm to defend 
     the flight deck of a commercial passenger or cargo aircraft 
     while engaged in providing air transportation or intrastate 
     air transportation. No air carrier may prohibit a Federal 
     flight deck officer from carrying a firearm in accordance 
     with the provisions of the Arming Pilots Against Terrorism 
     and Cabin Defense Act of 2002.
       ``(g) Authority To Use Force.--Notwithstanding section 
     44903(d), a Federal flight deck officer may use force 
     (including lethal force) against an individual in the defense 
     of a commercial aircraft in air transportation or intrastate 
     air transportation if the officer reasonably believes that 
     the security of the aircraft is at risk.
       ``(h) Limitation on Liability.--
       ``(1) Liability of air carriers.--An air carrier shall not 
     be liable for damages in any action brought in a Federal or 
     State court arising out of the air carrier employing a pilot 
     of an aircraft who is a Federal flight deck officer under 
     this section or out of the acts or omissions of the pilot in 
     defending an aircraft of the air carrier against acts of 
     criminal violence or air piracy.
       ``(2) Liability of federal flight deck officers.--A Federal 
     flight deck officer shall not be liable for damages in any 
     action brought in a Federal or State court arising out of the 
     acts or omissions of the officer in defending an aircraft 
     against acts of criminal violence or air piracy unless the 
     officer is guilty of gross negligence or willful misconduct.
       ``(3) Employee status of federal flight deck officers.--A 
     Federal flight deck officer shall be considered an `employee 
     of the Government while acting within the scope of his office 
     or employment' with respect to any act or omission of the 
     officer in defending an aircraft against acts of criminal 
     violence or air piracy, for purposes of sections 
     1346(b), 2401(b), and 2671 through 2680 of title 28 United 
     States Code.
       ``(i) Regulations.--Not later than 90 days after the date 
     of enactment of this section, the Under Secretary of 
     Transportation for Security, in consultation with the 
     Firearms Training Unit of the Federal Bureau of 
     Investigation, shall issue regulations to carry out this 
     section.
       ``(j) Pilot Defined.--In this section, the term `pilot' 
     means an individual who is responsible for the operation of 
     an aircraft, and includes a co-pilot or other member of the 
     flight deck crew.''.
       (b) Conforming Amendments.--
       (1) Chapter analysis.--The analysis for such chapter 449 is 
     amended by inserting after the item relating to section 44920 
     the following new item:

``44921. Federal flight deck officer program.''.
       (2) Employment investigations.--Section 44936(a)(1)(B) is 
     amended--
       (A) by aligning clause (iii) with clause (ii);
       (B) by striking ``and'' at the end of clause (iii);
       (C) by striking the period at the end of clause (iv) and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(v) qualified pilots who are deputized as Federal flight 
     deck officers under section 44921.''.
       (3) Flight deck security.--Section 128 of the Aviation and 
     Transportation Security Act (49 U.S.C. 44903 note) is 
     repealed.

     SEC. __4. CABIN SECURITY.

       (a) Technical Amendments.--Section 44903, of title 49, 
     United States Code, is amended--
       (1) by redesignating subsection (h) (relating to authority 
     to arm flight deck crew with less-than-lethal weapons, as 
     added by section 126(b) of public law 107-71) as subsection 
     (j); and
       (2) by redesignating subsection (h) (relating to limitation 
     on liability for acts to thwart criminal violence or aircraft 
     piracy, as added by section 144 of public law 107-71) as 
     subsection (k).
       (b) Aviation Crewmember Self-Defense Division.--Section 
     44918 of title 49, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following 
     new subsection:
       ``(a) In General.--
       ``(1) Requirement for air carriers.--Not later than 60 days 
     after the date of enactment of the Arming Pilots Against 
     Terrorism and Cabin Defense Act of 2002, the Under Secretary 
     of Transportation for Security, shall prescribe detailed 
     requirements for an air carrier cabin crew training program, 
     and for the instructors of that program as described in 
     subsection (b) to prepare crew members for potential threat 
     conditions. In developing the requirements, the Under 
     Secretary shall consult with appropriate law enforcement 
     personnel who have expertise in self-defense training, 
     security experts, and terrorism experts, and representatives 
     of air carriers and labor organizations representing 
     individuals employed in commercial aviation.
       ``(2) Aviation crewmember self-defense division.--Not later 
     than 60 days after the date of enactment of the Arming Pilots 
     Against Terrorism and Cabin Defense Act of 2002, the Under 
     Secretary of Transportation for Security shall establish an 
     Aviation Crew Self-Defense Division within the Transportation 
     Security Administration. The Division shall develop and 
     administer the implementation of the requirements described 
     in this section. The Under Secretary shall appoint a Director 
     of the Aviation Crew Self-Defense Division who shall be the 
     head of the Division. The Director shall report to the Under 
     Secretary. In the selection of the Director, the Under 
     Secretary shall solicit recommendations from law enforcement, 
     air carriers, and labor organizations representing 
     individuals employed in commercial aviation. The Director 
     shall have a background in self-defense training, including 
     military or law enforcement training with an emphasis in 
     teaching self-defense and the appropriate use force. Regional 
     training supervisors shall be under the control of the 
     Director and shall have appropriate training and experience 
     in teaching self-defense and the appropriate use of force.'';
       (2) by striking subsection (b), and inserting the following 
     new subsection:
       ``(b) Program Elements.--
       ``(1) In general.--The requirements prescribed under 
     subsection (a) shall include, at a minimum, 28 hours of self-
     defense training that incorporates classroom and situational 
     training that contains the following elements:
       ``(A) Determination of the seriousness of any occurrence.
       ``(B) Crew communication and coordination.
       ``(C) Appropriate responses to defend oneself, including a 
     minimum of 16 hours of hands-on training, with reasonable and 
     effective requirements on time allotment over a 4 week 
     period, in the following levels of self-defense:
       ``(i) awareness, deterrence, and avoidance;
       ``(ii) verbalization;
       ``(iii) empty hand control;
       ``(iv) intermediate weapons and self-defense techniques; 
     and
       ``(v) deadly force.

[[Page S8227]]

       ``(D) Use of protective devices assigned to crewmembers (to 
     the extent such devices are approved by the Administrator or 
     Under Secretary).
       ``(E) Psychology of terrorists to cope with hijacker 
     behavior and passenger responses.
       ``(F) Live situational simulation joint training exercises 
     regarding various threat conditions, including all of the 
     elements required by this section.
       ``(G) Flight deck procedures or aircraft maneuvers to 
     defend the aircraft.
       ``(2) Program elements for instructors.--The requirements 
     prescribed under subsection (a) shall contain program 
     elements for instructors that include, at a minimum, the 
     following:
       ``(A) A certification program for the instructors who will 
     provide the training described in paragraph (1).
       ``(B) A requirement that no training session shall have 
     fewer than 1 instructor for every 12 students.
       ``(C) A requirement that air carriers provide certain 
     instructor information, including names and qualifications, 
     to the Aviation Crew Member Self-Defense Division within 30 
     days after receiving the requirements described in subsection 
     (a).
       ``(D) Training course curriculum lesson plans and 
     performance objectives to be used by instructors.
       ``(E) Written training bulletins to reinforce course 
     lessons and provide necessary progressive updates to 
     instructors.
       ``(3) Recurrent training.--Each air carrier shall provide 
     the training under the program every 6 months after the 
     completion of the initial training.
       ``(4) Initial training.--Air carriers shall provide the 
     initial training under the program within 24 months of the 
     date of enactment of the Arming Pilots Against Terrorism and 
     Cabin Defense Act of 2002.
       ``(5) Communication devices.--The requirements described in 
     subsection (a) shall include a provision mandating that air 
     carriers provide flight and cabin crew with a discreet, 
     hands-free, wireless method of communicating with the flight 
     deck.
       ``(6) Real-time video monitoring.--The requirements 
     described in subsection (a) shall include a program to 
     provide flight deck crews with real-time video surveillance 
     of the cabins of commercial airline flights. In developing 
     this program, the Under Secretary shall consider--
       ``(A) maximizing the security of the flight deck;
       ``(B) enhancing the safety of the flight deck crew;
       ``(C) protecting the safety of the passengers and crew;
       ``(D) preventing acts of criminal violence or air piracy;
       ``(E) the cost of the program;
       ``(F) privacy concerns; and
       ``(G) the feasibility of installing such a device in the 
     flight deck.''; and
       (3) by adding at the end the following new subsections:
       ``(f) Rulemaking Authority.--Notwithstanding subsection (j) 
     (relating to authority to arm flight deck crew with less 
     than-lethal weapons) of section 44903, of this title, within 
     180 days after the date of enactment of the Arming Pilots 
     Against Terrorism and Cabin Defense Act of 2002, the Under 
     Secretary of Transportation for Security, in consultation 
     with persons described in subsection (a)(1), shall prescribe 
     regulations requiring air carriers to--
       ``(1) provide adequate training in the proper conduct of a 
     cabin search and allow adequate duty time to perform such a 
     search; and
       ``(2) conduct a preflight security briefing with flight 
     deck and cabin crew and, when available, Federal air marshals 
     or other authorized law enforcement officials.
       ``(g) Limitation on Liability.--
       ``(1) Air carriers.--An air carrier shall not be liable for 
     damages in any action brought in a Federal or State court 
     arising out of the acts or omissions of the air carrier's 
     training instructors or cabin crew using reasonable and 
     necessary force in defending an aircraft of the air carrier 
     against acts of criminal violence or air piracy.
       ``(2) Training instructors and cabin crew.--An air 
     carrier's training instructors or cabin crew shall not be 
     liable for damages in any action brought in a Federal or 
     State court arising out of an act or omission of a training 
     instructor or a member of the cabin crew regarding the 
     defense of an aircraft against acts of criminal violence or 
     air piracy unless the crew member is guilty of gross 
     negligence or willful misconduct.''.
       (c) Nonlethal Weapons for Flight Attendants.--
       (1) Study.--The Under Secretary of Transportation for 
     Security shall conduct a study to determine whether 
     possession of a nonlethal weapon by a member of an air 
     carrier's cabin crew would aid the flight deck crew in 
     combating air piracy and criminal violence on commercial 
     airlines.
       (2) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Under Secretary of Transportation 
     for Security shall prepare and submit to Congress a report on 
     the study conducted under paragraph (1).

  SA 4492. Mr. REID (for Mrs. Boxer (for herself, Mr. Smith of New 
Hampshire, Mr. Murkowski, Mr. Burns, Mr. Bunning, and Mr. Miller)) 
proposed an amendment to amendment SA 4491 proposed by Mr. Smith of New 
Hampshire (for himself, Mrs. Boxer, Mr. Murkowski, Mr. Burns, Mr. 
Bunning, and Mr. Miller) to the amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

       TITLE __--FLIGHT AND CABIN SECURITY ON PASSENGER AIRCRAFT

     SECTION __1. SHORT TITLE.

       This title may be cited as the ``Arming Pilots Against 
     Terrorism and Cabin Defense Act of 2002''.

     SEC. __2. FINDINGS.

       Congress makes the following findings:
       (1) Terrorist hijackers represent a profound threat to the 
     American people.
       (2) According to the Federal Aviation Administration, 
     between 33,000 and 35,000 commercial flights occur every day 
     in the United States.
       (3) The Aviation and Transportation Security Act (public 
     law 107-71) mandated that air marshals be on all high risk 
     flights such as those targeted on September 11, 2001.
       (4) Without air marshals, pilots and flight attendants are 
     a passenger's first line of defense against terrorists.
       (5) A comprehensive and strong terrorism prevention program 
     is needed to defend the Nation's skies against acts of 
     criminal violence and air piracy. Such a program should 
     include--
       (A) armed Federal air marshals;
       (B) other Federal agents;
       (C) reinforced cockpit doors;
       (D) properly-trained armed pilots;
       (E) flight attendants trained in self-defense and terrorism 
     prevention; and
       (F) electronic communications devices, such as real-time 
     video monitoring and hands-free wireless communications 
     devices to permit pilots to monitor activities in the cabin.

     SEC. __3. FEDERAL FLIGHT DECK OFFICER PROGRAM.

       (a) In General.--Subchapter I of chapter 449 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 44921. Federal flight deck officer program

       ``(a) Establishment.--Not later than 90 days after the date 
     of enactment of the Arming Pilots Against Terrorism and Cabin 
     Defense Act of 2002, the Under Secretary of Transportation 
     for Security shall establish a program to deputize qualified 
     pilots of commercial cargo or passenger aircraft who 
     volunteer for the program as Federal law enforcement officers 
     to defend the flight decks of commercial aircraft of air 
     carriers engaged in air transportation or intrastate air 
     transportation against acts of criminal violence or air 
     piracy. Such officers shall be known as `Federal flight deck 
     officers'. The program shall be administered in connection 
     with the Federal air marshal program.
       ``(b) Qualified Pilot.--Under the program described in 
     subsection (a), a qualified pilot is a pilot of an aircraft 
     engaged in air transportation or intrastate air 
     transportation who--
       ``(1) is employed by an air carrier;
       ``(2) has demonstrated fitness to be a Federal flight deck 
     officer in accordance with regulations promulgated pursuant 
     to this title; and
       ``(3) has been the subject of an employment investigation 
     (including a criminal history record check) under section 
     44936(a)(1).
       ``(c) Training, Supervision, and Equipment.--The Under 
     Secretary of Transportation for Security shall provide or 
     make arrangements for training, supervision, and equipment 
     necessary for a qualified pilot to be a Federal flight deck 
     officer under this section at no expense to the pilot or the 
     air carrier employing the pilot. The Under Secretary may 
     approve private training programs which meet the Under 
     Secretary's specifications and guidelines. Air carriers shall 
     make accommodations to facilitate the training of their 
     pilots as Federal flight deck officers and shall facilitate 
     Federal flight deck officers in the conduct of their duties 
     under this program.
       ``(d) Deputization.--
       ``(1) In general.--The Under Secretary of Transportation 
     for Security shall train and deputize, as a Federal flight 
     deck officer under this section, any qualified pilot who 
     submits to the Under Secretary a request to be such an 
     officer.
       ``(2) Initial deputization.--Not later than 120 days after 
     the date of enactment of this section, the Under Secretary 
     shall deputize not fewer than 500 qualified pilots who are 
     former military or law enforcement personnel as Federal 
     flight deck officers under this section.
       ``(3) Full implementation.--Not later than 24 months after 
     the date of enactment of this section, the Under Secretary 
     shall deputize any qualified pilot as a Federal flight deck 
     officer under this section.
       ``(e) Compensation.--Pilots participating in the program 
     under this section shall not be eligible for compensation 
     from the Federal Government for services provided as a 
     Federal flight deck officer.
       ``(f) Authority To Carry Firearms.--The Under Secretary of 
     Transportation for Security shall authorize a Federal flight 
     deck officer under this section to carry a firearm to defend 
     the flight deck of a commercial passenger or cargo aircraft 
     while engaged in providing air transportation or intrastate 
     air transportation. No air carrier may prohibit a Federal 
     flight deck officer from carrying a

[[Page S8228]]

     firearm in accordance with the provisions of the Arming 
     Pilots Against Terrorism and Cabin Defense Act of 2002.
       ``(g) Authority To Use Force.--Notwithstanding section 
     44903(d), a Federal flight deck officer may use force 
     (including lethal force) against an individual in the defense 
     of a commercial aircraft in air transportation or intrastate 
     air transportation if the officer reasonably believes that 
     the security of the aircraft is at risk.
       ``(h) Limitation on Liability.--
       ``(1) Liability of air carriers.--An air carrier shall not 
     be liable for damages in any action brought in a Federal or 
     State court arising out of the air carrier employing a pilot 
     of an aircraft who is a Federal flight deck officer under 
     this section or out of the acts or omissions of the pilot in 
     defending an aircraft of the air carrier against acts of 
     criminal violence or air piracy.
       ``(2) Liability of federal flight deck officers.--A Federal 
     flight deck officer shall not be liable for damages in any 
     action brought in a Federal or State court arising out of the 
     acts or omissions of the officer in defending an aircraft 
     against acts of criminal violence or air piracy unless the 
     officer is guilty of gross negligence or willful misconduct.
       ``(3) Employee status of federal flight deck officers.--A 
     Federal flight deck officer shall be considered an `employee 
     of the Government while acting within the scope of his office 
     or employment' with respect to any act or omission of the 
     officer in defending an aircraft against acts of criminal 
     violence or air piracy, for purposes of sections 
     1346(b), 2401(b), and 2671 through 2680 of title 28 United 
     States Code.
       ``(i) Regulations.--Not later than 90 days after the date 
     of enactment of this section, the Under Secretary of 
     Transportation for Security, in consultation with the 
     Firearms Training Unit of the Federal Bureau of 
     Investigation, shall issue regulations to carry out this 
     section.
       ``(j) Pilot Defined.--In this section, the term `pilot' 
     means an individual who is responsible for the operation of 
     an aircraft, and includes a co-pilot or other member of the 
     flight deck crew.''.
       (b) Conforming Amendments.--
       (1) Chapter analysis.--The analysis for such chapter 449 is 
     amended by inserting after the item relating to section 44920 
     the following new item:

``44921. Federal flight deck officer program.''.
       (2) Employment investigations.--Section 44936(a)(1)(B) is 
     amended--
       (A) by aligning clause (iii) with clause (ii);
       (B) by striking ``and'' at the end of clause (iii);
       (C) by striking the period at the end of clause (iv) and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(v) qualified pilots who are deputized as Federal flight 
     deck officers under section 44921.''.
       (3) Flight deck security.--Section 128 of the Aviation and 
     Transportation Security Act (49 U.S.C. 44903 note) is 
     repealed.

     SEC. __4. CABIN SECURITY.

       (a) Technical Amendments.--Section 44903, of title 49, 
     United States Code, is amended--
       (1) by redesignating subsection (h) (relating to authority 
     to arm flight deck crew with less-than-lethal weapons, as 
     added by section 126(b) of public law 107-71) as subsection 
     (j); and
       (2) by redesignating subsection (h) (relating to limitation 
     on liability for acts to thwart criminal violence or aircraft 
     piracy, as added by section 144 of public law 107-71) as 
     subsection (k).
       (b) Aviation Crewmember Self-Defense Division.--Section 
     44918 of title 49, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following 
     new subsection:
       ``(a) In General.--
       ``(1) Requirement for air carriers.--Not later than 60 days 
     after the date of enactment of the Arming Pilots Against 
     Terrorism and Cabin Defense Act of 2002, the Under Secretary 
     of Transportation for Security, shall prescribe detailed 
     requirements for an air carrier cabin crew training program, 
     and for the instructors of that program as described in 
     subsection (b) to prepare crew members for potential threat 
     conditions. In developing the requirements, the Under 
     Secretary shall consult with appropriate law enforcement 
     personnel who have expertise in self-defense training, 
     security experts, and terrorism experts, and representatives 
     of air carriers and labor organizations representing 
     individuals employed in commercial aviation.
       ``(2) Aviation crewmember self-defense division.--Not later 
     than 60 days after the date of enactment of the Arming Pilots 
     Against Terrorism and Cabin Defense Act of 2002, the Under 
     Secretary of Transportation for Security shall establish an 
     Aviation Crew Self-Defense Division within the Transportation 
     Security Administration. The Division shall develop and 
     administer the implementation of the requirements described 
     in this section. The Under Secretary shall appoint a Director 
     of the Aviation Crew Self-Defense Division who shall be the 
     head of the Division. The Director shall report to the Under 
     Secretary. In the selection of the Director, the Under 
     Secretary shall solicit recommendations from law enforcement, 
     air carriers, and labor organizations representing 
     individuals employed in commercial aviation. The Director 
     shall have a background in self-defense training, including 
     military or law enforcement training with an emphasis in 
     teaching self-defense and the appropriate use force. Regional 
     training supervisors shall be under the control of the 
     Director and shall have appropriate training and experience 
     in teaching self-defense and the appropriate use of force.'';
       (2) by striking subsection (b), and inserting the following 
     new subsection:
       ``(b) Program Elements.--
       ``(1) In general.--The requirements prescribed under 
     subsection (a) shall include, at a minimum, 28 hours of self-
     defense training that incorporates classroom and situational 
     training that contains the following elements:
       ``(A) Determination of the seriousness of any occurrence.
       ``(B) Crew communication and coordination.
       ``(C) Appropriate responses to defend oneself, including a 
     minimum of 16 hours of hands-on training, with reasonable and 
     effective requirements on time allotment over a 4 week 
     period, in the following levels of self-defense:
       ``(i) awareness, deterrence, and avoidance;
       ``(ii) verbalization;
       ``(iii) empty hand control;
       ``(iv) intermediate weapons and self-defense techniques; 
     and
       ``(v) deadly force.
       ``(D) Use of protective devices assigned to crewmembers (to 
     the extent such devices are approved by the Administrator or 
     Under Secretary).
       ``(E) Psychology of terrorists to cope with hijacker 
     behavior and passenger responses.
       ``(F) Live situational simulation joint training exercises 
     regarding various threat conditions, including all of the 
     elements required by this section.
       ``(G) Flight deck procedures or aircraft maneuvers to 
     defend the aircraft.
       ``(2) Program elements for instructors.--The requirements 
     prescribed under subsection (a) shall contain program 
     elements for instructors that include, at a minimum, the 
     following:
       ``(A) A certification program for the instructors who will 
     provide the training described in paragraph (1).
       ``(B) A requirement that no training session shall have 
     fewer than 1 instructor for every 12 students.
       ``(C) A requirement that air carriers provide certain 
     instructor information, including names and qualifications, 
     to the Aviation Crew Member Self-Defense Division within 30 
     days after receiving the requirements described in subsection 
     (a).
       ``(D) Training course curriculum lesson plans and 
     performance objectives to be used by instructors.
       ``(E) Written training bulletins to reinforce course 
     lessons and provide necessary progressive updates to 
     instructors.
       ``(3) Recurrent training.--Each air carrier shall provide 
     the training under the program every 6 months after the 
     completion of the initial training.
       ``(4) Initial training.--Air carriers shall provide the 
     initial training under the program within 24 months of the 
     date of enactment of the Arming Pilots Against Terrorism and 
     Cabin Defense Act of 2002.
       ``(5) Communication devices.--The requirements described in 
     subsection (a) shall include a provision mandating that air 
     carriers provide flight and cabin crew with a discreet, 
     hands-free, wireless method of communicating with the flight 
     deck.
       ``(6) Real-time video monitoring.--The requirements 
     described in subsection (a) shall include a program to 
     provide flight deck crews with real-time video surveillance 
     of the cabins of commercial airline flights. In developing 
     this program, the Under Secretary shall consider--
       ``(A) maximizing the security of the flight deck;
       ``(B) enhancing the safety of the flight deck crew;
       ``(C) protecting the safety of the passengers and crew;
       ``(D) preventing acts of criminal violence or air piracy;
       ``(E) the cost of the program;
       ``(F) privacy concerns; and
       ``(G) the feasibility of installing such a device in the 
     flight deck.''; and
       (3) by adding at the end the following new subsections:
       ``(f) Rulemaking Authority.--Notwithstanding subsection (j) 
     (relating to authority to arm flight deck crew with less 
     than-lethal weapons) of section 44903, of this title, within 
     180 days after the date of enactment of the Arming Pilots 
     Against Terrorism and Cabin Defense Act of 2002, the Under 
     Secretary of Transportation for Security, in consultation 
     with persons described in subsection (a)(1), shall prescribe 
     regulations requiring air carriers to--
       ``(1) provide adequate training in the proper conduct of a 
     cabin search and allow adequate duty time to perform such a 
     search; and
       ``(2) conduct a preflight security briefing with flight 
     deck and cabin crew and, when available, Federal air marshals 
     or other authorized law enforcement officials.
       ``(g) Limitation on Liability.--
       ``(1) Air carriers.--An air carrier shall not be liable for 
     damages in any action brought in a Federal or State court 
     arising out of the acts or omissions of the air carrier's 
     training instructors or cabin crew using reasonable and 
     necessary force in defending an aircraft

[[Page S8229]]

     of the air carrier against acts of criminal violence or air 
     piracy.
       ``(2) Training instructors and cabin crew.--An air 
     carrier's training instructors or cabin crew shall not be 
     liable for damages in any action brought in a Federal or 
     State court arising out of an act or omission of a training 
     instructor or a member of the cabin crew regarding the 
     defense of an aircraft against acts of criminal violence or 
     air piracy unless the crew member is guilty of gross 
     negligence or willful misconduct.''.
       (c) Nonlethal Weapons for Flight Attendants.--
       (1) Study.--The Under Secretary of Transportation for 
     Security shall conduct a study to determine whether 
     possession of a nonlethal weapon by a member of an air 
     carrier's cabin crew would aid the flight deck crew in 
     combating air piracy and criminal violence on commercial 
     airlines.
       (2) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Under Secretary of Transportation 
     for Security shall prepare and submit to Congress a report on 
     the study conducted under paragraph (1).
       The provisions of this amendment shall take effect one day 
     after date of enactment.

                          ____________________