[Congressional Record Volume 149, Number 105 (Wednesday, July 16, 2003)]
[House]
[Pages H6950-H6984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT,
2004
The SPEAKER pro tempore. Pursuant to House Resolution 319 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 2691.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 2691) making appropriations for the Department of the Interior
and related agencies for the fiscal year ending September 30, 2004, and
for other purposes, with Mr. LaTourette in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from North Carolina (Mr. Taylor) and
the gentleman from Washington (Mr. Dicks) each will control 30 minutes.
The Chair recognizes the gentleman from North Carolina (Mr. Taylor).
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, today we bring before the House for fiscal year 2004
appropriations a bill for the Department of the Interior and related
agencies. This is a good bill that balances many competing needs and
stays within the 302(b) allocations for budget authority.
Mr. Chairman, this bill is fiscally responsible, providing about $100
million more than the budget request but nearly $200 million less than
the fiscal year 2003 level. The bill takes care of our public lands,
the national parks, wildlife refuges, forests, and lands managed by the
Bureau of Land Management. It has been increased not as much as some
would like; and I pledge that in conference, we will try to increase
that as much as possible.
The bill focuses on conservation initiatives, including operation and
maintenance of Federal lands, stateside grants for land preservation
and recreation, State wildlife grants, habitat improvements on both
public and private lands, eradication of invasive species, and
protection of endangered species.
We hear arguments that we are not doing enough for the conservation
program in this bill. I disagree. There is nearly $1 billion in the
bill for programs in the conservation spending category. But more to
the point, there are a great number of critically important
conservation programs in this bill that have never been included in the
conservation spending category but are equally important.
{time} 1730
We provide increases of $73 million for national parks, $30 million
for national wildlife refuges, and $93 million for wildlife restoration
and forest health. I would argue that most of the funding in this bill
is for conservation activities.
Some Members will argue that we need to buy more Federal lands. What
we really need is to do a better job of taking care of lands we have
and this bill does that.
Fire fighting needs are addressed in this bill. In addition to
providing the necessary funding for suppressing wildfires, we continue
support for the National Fire Plan with the investment of $2.5 billion.
We support preparedness activities so that we have the people and
equipment in place to handle wildfires. We provide funding increases
for hazardous fuels reduction, State fire assistance, and forest health
programs. I am proud of the balance we have achieved in these critical
programs that are important to all Americans.
The bill ensures that energy research programs are adequately funded
and that we maintain a proper mix between research on improvements to
existing technologies and longer-term higher-risk research on new
technologies. We need to keep all of our options open and not fall into
the trap of picking winners and losers.
When it comes to energy research, ultimately the consumer and not the
government will determine what energy technologies will be successful
in the marketplace.
The bill provides for the continued construction of critically needed
schools and hospitals for the American Indians and Alaskan Natives. It
is included in a resolution to the contentious litigation between the
United States and the American Indians dealing with the individual
Indian trust monies. This bill provides prompt, fair, and reasonable
resolution of those long-standing claims. This lawsuit has been
diverting scarce resources away from critical programs that benefit the
Indian people. We need to stop spending hundreds of millions of
dollars, if not billions, on litigation support and redirect those
funds to Indian education, health, wildlife, law enforcement and other
important Indian programs.
My good friend, the gentleman from California (Mr. Pombo), chairman
of the Committee on Resources, will move to strike this provision on
jurisdictional grounds. He has committed to resolving this conflict
through the authorizing process. Mr. Chairman, if we do not do this, we
will literally be spending perhaps $2.4 billion in continuous
accounting measures that will do nothing to solve this problem. It will
be taken away from Indian health and education.
Finally, the bill takes care of our cultural agencies and provides
the funding needed to ensure that the Smithsonian Institution maintains
its responsibility for providing quality visitor services and world-
renowned research. It provides the administration's request for the
National Gallery of Art and for the National Endowment for the Arts.
The Interior and Related Agencies Appropriations bill for fiscal year
2004 is a bill that I believe strikes an appropriate balance among
competing funding needs, and I ask for support for the bill.
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Mr. Chairman, I reserve the balance of my time.
Mr. DICKS. Mr. Chairman, I yield myself 5 minutes.
Mr. Chairman, I want to again thank our new chairman, the gentleman
from North Carolina (Mr. Taylor), for the way he has approached the
process this year. He and the staff have worked with us and tried to
craft a balanced bill within a limited allocation. And I want to also
commend the staff of the committee, Debbie Weatherly, Chris Topic,
Loretta Bowman, Joel Kaplan, Greg Kanadle, Mike Stevens and Lesley
Turner. We have a very collegial working relationship, and it is
something that, I think, the House would be proud of.
During committee consideration, I offered two important amendments
that I felt would have significantly improved this bill. The first
amendment sought to add money for wildland fire accounts in an attempt
to lessen the massive borrowing to fight forest fires. I was extremely
pleased that the administration came forward last week with a $289
million request as part of an emergency supplemental, and I plan to
strongly support those funds being provided as quickly as possible.
The second amendment that I offered related to the conservation
funding and the shortfall in the Conservation Trust Fund. The amendment
was not adopted, and the Committee on Rules would not allow a similar
amendment to be offered by the gentleman from Wisconsin (Mr. Obey) on
the House floor today. I find that unfortunate because the issue of the
Conservation Trust Fund is enormously important to the gentleman from
Wisconsin (Mr. Obey) and I, as co-authors of the trust fund with the
former chairman, the gentleman from Ohio (Mr. Regula).
We reached a deal in 2000 as a compromise to the CARA legislation
that would have created a new $3 billion mandatory program and instead
created this trust fund to elevate funding levels for critical programs
without a new entitlement.
The new trust fund raised conservation spending for key programs in
this bill from $514 million up to $1.2 billion and added built-in
increases that would have brought conservation spending in this bill to
$2 billion in 2006. I was pleased that the committee stuck to its word
for the first 2 years of the agreement.
This year, however, the interior bill falls $569 million short. The
shortfall impacts each and every program under the trust fund: both
Federal and State programs under Land and Water Conservation Fund; the
Forest Legacy Program; Cooperative Endangered Species; the North
American Wetlands Conservation Fund; State Wildlife Grants, Historic
Preservation, Payments in Lieu of Taxes; and the Urban Parks Program.
Most of these programs are either below the President's request or
below last year, despite the fact that the trust funds provided for
increases. And while I am deeply disappointed in the funding levels for
conservation programs, there are other aspects of this bill that I
strongly support.
The bill provides $115 million above the President's request for the
National Fire Plan, which I strongly support. It includes money to
continue two national environmental restoration projects by the
National Park Service, the Everglades Restoration Project in Florida
and the Elwha River Recovery Project in the State of Washington.
Additionally, the bill contains important language related to the
Everglades that protects the Federal interest and ensures that the
State of Florida is meeting its obligations to improve the quality of
water entering the Everglades.
The bill also contains language relating to competitive sourcing that
I believe is necessary to ensure that Congress has a clear
understanding of what the administration's intentions are in this area.
This committee recently learned that both the National Park Service and
the U.S. Forest Service had plans to spend several million dollars on
these activities without following standard reprogramming guidelines
and without clear direction from Congress.
I consider this bill a work in progress and am hopeful that we can
work together on areas of this bill that I believe still need
improvement.
At the appropriate time, I intend to offer an amendment with my
colleague, the gentlewoman from New York (Ms. Slaughter), to increase
money for the National Endowment for the Arts and the National
Endowment for the Humanities. We were successful with a similar
amendment last year, and I hope this year we can again come together
and show the full support of the House for the two endowments.
Mr. Chairman, I reserve the balance of my time.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 2 minutes to the
gentleman from Pennsylvania (Mr. Sherwood), a valued member of the
committee.
Mr. SHERWOOD. Mr. Chairman, I rise in strong support of the interior
appropriations bill, and I want to commend the gentleman from North
Carolina (Chairman Taylor) for putting together a balanced and fiscally
responsible bill that meets the natural resources, recreational, energy
and cultural needs of all Americans.
This bill does its part to contain Federal spending in that it
adheres to the 302(b) budget allocation and provides nearly $200
million less than what was contained in the FY 2003 bill. At the same
time, it sets priorities with increases in national parks operations
and backlog maintenance, the national wildlife refuges and the national
forest system. It provides funds for the weatherization program and
increases the administration's request for the abandoned landmines
program that is so important to Pennsylvania.
The bill provides $2.5 billion, with a B, for the National Fire Plan
and includes substantial increases for fire fighting readiness,
hazardous fuels reduction and State and community assistance.
I am particularly pleased that the bill provides $33 million dollars
for Forest Service forest health initiatives, including funds to
control and manage adelgids in the East.
The bill also contains language I support regarding the operation of
the Northeast Home Heating Oil Reserve. I feel that the reserve has not
been responsive enough to winter heating needs in the Northeast and may
too narrowly define supply disruptions. The bill's report language will
direct the committee on the circumstances and the various scenarios on
which the reserve will be used.
To those who say the bill does not contain enough money for
conservation and land acquisition, I would point out that the bill
contains $1 billion for programs funded under the conservation spending
category as well as other programs in the National Parks Wildlife
Refuges, Federal forests and other areas that are important
conservation efforts but do not technically fall under the conservation
category.
In regard to land acquisition, we already own one-third of the United
States. We need to manage that better before we buy new things. This is
a balanced and responsible bill, and I commend the chairman for his
leadership and urge my colleagues to give it their full support.
Mr. DICKS. Mr. Chairman, I yield 5 minutes to the gentleman from
Wisconsin (Mr. Obey), the ranking Democratic member of the full
committee.
Mr. OBEY. Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, I am simply going to repeat most of what I said about
40 minutes ago with the sure understanding that almost nobody was
listening the first time and perhaps I might catch some more ears this
time.
I would very much like to vote for this bill. It has, through the
years, been one of my favorite bills in this place; but I am not able
to and still keep my word to this institution.
As I said earlier to the House, in 1964 when the country decided that
we were going to begin offshore oil drilling, an agreement was made to
put about $900 million dollars a year of that revenue into preservation
of key pieces of land around the country with the Federal Government
and the States both participating in protecting that land.
The problem is over the years that commitment was not kept and
gradually about a $13 billion surplus was built up in that funds. That
is why 3 years ago 315 Members of this House passed what was known as
the CARA legislation. And what that was was an attempt to make that
prior understanding finally a reality by turning
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funding for a number of those conservation programs into entitlements.
I opposed that. I thought we ought to be able to make conservation a
high priority without turning it into an entitlement superior on claims
to the Treasury on items like education or health care for that matter.
I did not think they were superior. I thought they should be considered
equal. And folks who had those beliefs, folks who had my beliefs
essentially won the debate or at least we won the argument, and we
shook hands on an agreement. And under that agreement, the gentleman
from Washington (Mr. Dicks), myself, and the gentleman from Ohio (Mr.
Regula) on the minority side of the aisle, at that time serving as
chairman of this subcommittee, agreed that we would double funding for
those conservation programs and then over time have increments that
would raise funding to $2.4 billion.
We did that in order to stave off an entitlement; and for the first 2
years this committee stuck to the agreement. But in the omnibus
appropriations bill last year, the committee backed away from that
agreement; and this bill takes us some $570 million below that
agreement; and that is why I cannot support the bill as it stands.
We tried in the rule to have the rule defeated so that we would have
an opportunity to add that $570 million to the bill and to pay for it
by reducing by $3,000 the tax cut that is scheduled to go to people who
make over a million dollars a year in this country. We would have
reduced that tax cut from $88,000 to $85,000, making hardly a dent in
it. I think most people in that bracket would have gladly said, look,
the national parks and national forests are a high priority. By all
means, make those changes. But the House did not do it; and so in my
view at this point, this bill cannot be repaired as far as I am
concerned because I believe, above all else, in keeping my word.
{time} 1745
I promised people on the other side of the debate 3 years ago that if
the Committee on Appropriations did not stick to the deal that I would
change my position and instead support making these programs an
entitlement, and so from this point on that is where I stand on this
issue.
I must say I am deeply distressed that my committee saw fit not to
keep the agreement they entered into 3 years ago. That was not an
authorization agreement that was entered into 3 years ago. That was an
appropriations agreement. And the Committee on Appropriations, as one
of the great committees of this House, ought to keep its word. It has
not on this bill, and that is why, regardless of other changes in the
bill, I cannot vote for this bill as it presently stands.
I recognize some people have other considerations, but I believe it
is important that we keep our word to each other and that we keep our
word to the American people. This bill is going to be seriously short;
and, as a result, we will lose our ability to preserve and set aside
forever key pieces of land in places such as Yellowstone, Grand Teton,
nine key acres in Valley Forge. It is a shame, but that is what this
House has come to on this issue.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 3 minutes to the
gentleman from New York (Mr. Boehlert).
(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Mr. Chairman, I rise in support of this bill. Overall,
this is a reasonable bill, given the budgetary constraints. It could
have been an even better bill if my colleagues on the other side of the
aisle had not decided that it was more important to make a political
statement, to score political points than to make progress.
As was mentioned earlier in the debate on the rule, I was prepared to
offer an amendment that would have moved $95 million from fossil fuel
research and development, money that the administration did not
request, into a range of conservation accounts.
The impact of my amendment would have been to free up more money for
such popular and important programs as the Federal and State Land and
Water Conservation Fund, State wildlife conservation programs, historic
preservation, forest legacy, and urban parks and recreation. This money
is desperately needed for these important programs, and the amendment
was backed by just about every single environmental and sportsmen's
group. So this was an amendment that would have done some real good for
the American people, real people.
But my colleagues on the other side of the aisle decided they did not
want the amendment to pass. Why not? Was it because they opposed
putting more money into conservation programs? No. Was it because they
thought the amendment would cause any harm to the public? No. Was it
because they thought the amendment was bad for the environment? No.
The only reason this amendment was being vociferously opposed is
because that seemed like a way to score political points. They did not
want anything to pass that would demonstrate Republican support for
conservation and the environment. What a sad commentary on the state of
American politics.
So, instead of a good debate on conservation that would have led to
an increase in spending for programs that benefit the American people,
we are going to have a pathetic and pointless debate about a make-
believe proposal that would reduce the tax cut. My colleagues know and
I know that is going nowhere.
I hasten to remind my friends on the other side of the aisle that the
tax cut battle is over. The bill was passed by the Congress, signed by
the President.
Here are the choices we face. Either go with the Boehlert amendment,
adding $95 million to very important programs in the area of
conservation and protecting the environment, or do nothing. The other
side opted to do nothing because they wanted to have a political
advertisement. We all know about the obscene cost of political
advertising, but $95 million per statement is pretty darn expensive,
and the American people are the losers. Sad day.
Mr. DICKS. Mr. Chairman, I yield 4 minutes to the gentleman from New
York (Mr. Hinchey), a member of the subcommittee.
Mr. HINCHEY. Mr. Chairman, I am a bit mystified by the statement that
was just made by my friend and colleague from New York. The Democrat
party is not in the majority in this House. We do not control the
agenda. That is controlled by the Republican party, and there is no
reason why an amendment that a Republican Member wants to bring forward
should not be brought forward and everybody has an opportunity to vote
on it. I am sure I would have voted for it if the gentleman had brought
it out here.
It is not too late. Let us bring the amendment out here, discuss it.
If the amendment has merit, then it will pass. I do not see any reason
why it is not going to be brought forward. It is your amendment. You
are in control of the House. You bring it forward.
I want to thank the gentleman from Washington (Mr. Dicks), the
ranking member, for yielding me the time; and I appreciate his
leadership and hard work on this bill.
I also want to express my appreciation to the gentleman from North
Carolina (Mr. Taylor), our chairman, for his hard work. I have enjoyed
working with our chairman on the process that put this bill together.
We had a good series of hearings earlier this year that led to some
spirited discussions among the members of the subcommittee, and I want
to thank the professional staff on both sides for all the good work
that they have done.
There are some very good initiatives in this bill. Very importantly,
the subcommittee's vigorous oversight of Everglades restoration is
reflected here.
Despite admonishments from me and several subcommittee members,
including the chairman and the chairman of the full committee, the
State of Florida enacted legislation earlier this year that casts
considerable doubt on the commitment to Everglades restoration. The
provisions contained in this bill will ensure that the Federal interest
in restoration is maintained by protecting the water quality that is
crucial to the healthy functioning of the Everglades ecosystem.
The increased funding for Indian health and education in the bill is
commendable, as is the subcommittee's concern with the administration's
rush to contract out jobs within the Park Service and the Forest
Service. A good job was done there.
[[Page H6958]]
Again, to the gentleman from North Carolina's (Mr. Taylor) credit,
the bill restores some of the most egregious cuts proposed by the
administration, such as those that would have crippled the important
scientific research at both the Forest Service and the Geological
Survey.
I recognize that the gentleman from North Carolina (Mr. Taylor) is
working with an insufficient allocation that is the direct result of
the Republican tax cuts, and that is a problem that has devilled this
process throughout. My colleagues cannot take $3 trillion out of the
Treasury and then expect to have enough money to meet the needs of the
country, and this is what we are facing throughout this appropriations
process, and it is unfortunately reflected in this bill as well.
Arts funding is still frozen at 30 percent below what it was 10 years
ago, and energy research lacks the necessary resource and vision to put
us on a path to energy independence. But beyond the low allocation,
even more troubling is the ideologically driven opposition to
conservation funding that permeates the bill, particularly land
acquisition. This bill completely walks away from our responsibilities
to protect and conserve lands.
The tilt of this bill towards the notion that the Federal Government
somehow owns too much land runs counter to the desire of the American
people to preserve open space and natural resources. While I certainly
agree that we should take care of what we already own, we have got an
obligation to protect the best of what remains, sensitive and
threatened forests, coastal lands, mountains, plains and wetlands that
provide ecological, scenic and recreational values of national
significance.
Federal land acquisition programs in this bill are funded at $100
million. This is $213 million below last year's level, more than a 50
percent cut, and even $87 million below the President's request. The
lack of land acquisition funding in this bill means lands that could
otherwise be protected may now be lost forever.
These cuts are incredibly shortsighted. The demand for open space and
protected areas will only continue to grow as our population swells and
land development pressures increase.
So the bill contains a number of important provisions, but so far as
the land acquisition and conservation measures are concerned it is
inadequate.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 30 seconds to the
gentleman from New York (Mr. Boehlert).
Mr. BOEHLERT. Mr. Chairman, the gentleman in the aisle makes a good
point. We have worked well together across the center aisle,
Republicans and Democrats. We have to work across the center aisle. We
have worked well over the years. This time that cooperation stopped at
the center aisle because a conscious decision was made not to go
forward with a $95 million add-on which we could embrace warmly but
rather to go forward with nothing because they want a partisan
statement.
Mr. HINCHEY. Mr. Chairman, if the gentleman would yield, that would
be a mistake; and I urge my colleague to bring that amendment out here
so we could debate it. Bring it out.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 5 minutes to the
gentleman from Ohio (Mr. Regula) former chairman and valued member of
the subcommittee.
(Mr. REGULA asked and was given permission to revise and extend his
remarks.)
Mr. REGULA. Mr. Chairman, I thank the chairman of the subcommittee
for yielding me the time.
I want to express my strong support for the fiscal year 2004 Interior
appropriations bill. As a member of the Subcommittee on Interior and
Related Agencies, I believe this is a balanced bill that addresses many
of our most urgent needs. I want to express my appreciation to the
gentleman from North Carolina (Mr. Taylor) and his staff for their hard
work in putting together a good bill under very tight budget
constraints.
Mr. Chairman, this bill addresses a number of important national
priorities. It provides funding increases for our four land management
agencies, the National Park Service, the Fish and Wildlife Service, the
Forest Service and the Bureau of Land Management, which provide
wonderful recreation opportunities for the American people.
To improve the visitor experience, the bill provides focused funding
to address the continuing backlog of maintenance on these public lands,
including $682 million for our national parks and a restoration of $47
million for our national forests.
During my past tenure as chairman of the committee, I made reducing
of the maintenance backlog a top priority. We created the Recreational
Fee Demonstration Program, which allows the land management agencies to
raise additional revenues to further address their maintenance needs.
Most of the fee stays at the site where it is collected and is used for
maintenance and other enhancements to the visitor's experience.
This demo program, which would be extended under this bill, continues
to be a success. We have collected over $1 billion thus far, which was
put most largely into maintenance and enhancing the visitor's
experience. It has provided a real benefit for those Americans who have
visited our parks, forests and other public lands.
The bill restores deep cuts made in the President's budget to the
U.S. Geological Survey and further provides a $16 million increase over
the fiscal year 2003 level. This funding will enable USGS scientists to
better understand the Earth's processes and allow them to provide
first-rate scientific data to those responsible for managing and
conserving our natural resources.
In particular, I want to highlight funding included for the America
View program which allows universities to collect remote sensing data
and analyze it for both educational and land planning purposes.
This bill continues our strong support in Congress for the
restoration of the Everglades, providing $68 million toward this
project. However, I remain concerned that recent actions taken by the
Florida legislature undermine the Federal-State commitment, and it is a
Federal-State commitment, to restoration. It is my understanding that
we will consider an amendment to condition Federal funding on
assurances that the State of Florida is meeting its prior commitments
to improve water quality. I ask my colleagues to support this amendment
when it is considered.
I am pleased that the committee has worked to restore a number of
serious cuts in the President's budget for important programs at the
Department of Energy. The bill specifically restores funding for fuel
cell research in fossil energy to current enacted levels. This will
allow the Solid State Energy Conversion Alliance initiative, which is
developing standardized fuel cell components that would be used in many
different types of fuel cell applications, to continue to move forward.
I also appreciate the committee's efforts to restore cuts in the
President's budget to the Industries of the Future program within
Energy Conservation, particularly those relating to steel and metal-
casting.
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These programs support technological advances that make our domestic
industries more energy efficient and, as a result, more competitive in
the global marketplace.
The bill continues our commitment in Congress to implement the
National Fire Plan, which is very timely given the serious situation in
the West. It provides $115 million above the President's request,
including substantive increases for readiness, hazard fuels reduction
and forest health. These are commonsense measures that will help us
both prevent and more adequately contain wildfires.
Lastly, I am encouraged by the committee's work to develop a
coordinated national plan for the acquisition of Federal lands. I
believe the Federal Government needs to focus less on acquiring new
lands and more on taking care of the property and facilities it already
has. Under this bill, the Secretaries of Interior and Agriculture would
develop a plan outlining clear acreage goals and conservation
objectives for lands acquisition. I believe this reevaluation will
provide for better and more focused use of limited funding resources.
Mr. Chairman, this is a very balanced bill that Chairman Taylor has
produced in the subcommittee, and it
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funds many important national priorities. I urge its expeditious
consideration and passage.
Mr. DICKS. Mr. Chairman, I yield 3 minutes to the gentleman from
Oregon (Mr. Blumenauer), a valued member of the House and a person who
is very interested in environmental issues in the Pacific Northwest.
Mr. BLUMENAUER. Mr. Chairman, I appreciate the gentleman's yielding
me this time. I have great sympathy for the hard work that the
subcommittee has done, both the chairman and ranking member; but I
appreciate also what the gentleman from Washington (Mr. Dicks) said
about this being a work in progress, and I sincerely hope that it will
be.
I heard the gentleman from New York (Mr. Boehlert) talk about his
concern that there was not great enthusiasm for an amendment that would
restore approximately $90 million for Conservation Trust Fund
activities. Mr. Chairman, I can understand the reticence on behalf of a
number of Members of this Chamber to embrace that, but we had an
agreement.
A bill passed overwhelmingly under the leadership of the gentleman
from Florida (Mr. Young) and the gentleman from California (Mr. George
Miller) that passed by a veto-proof margin through the House and had
tremendous momentum in the Senate. There was an agreement. The
gentleman from Ohio (Mr. Regula), I was pleased to see here, was part
of this artful effort to put together an agreement that solved the
problem in the short term. Now we have seen this agreement shattered.
Because of the continuing resolution and what is in the bill that is
before us today, we would shortchange what that agreement was
overwhelmingly supported by this Chamber by almost $1 billion. I do not
think that there are very many people here who are going to embrace
with great enthusiasm a 10 percent solution when we have massive
unfunded commitments to the state-side portion of that.
In my community, where the committee has visited the Columbia River
Gorge, there is priceless land in a conservation area where there are
willing sellers that want to complete the deal, but there is not money
available. There is underfunding in the arts. And I am convinced that
there will be action in this work in progress that will bring people
together and the will of this body will be heard, I think in a
bipartisan majority, that hopefully will restore that funding for the
arts.
Mr. Chairman, it is not any lack of interest in true bipartisanship.
I think the agreement that the gentleman from Ohio (Mr. Regula), the
gentleman from Washington (Mr. Dicks), the gentleman from Florida (Mr.
Young), and the gentleman from Wisconsin (Mr. Obey) were a part of was
a classic example of that bipartisanship. It is time to reach back,
restore it in this work in progress.
Now, one specific that I would make reference to. I will be offering
in the course of the debate on this bill an amendment that would reduce
water-intensive agriculture in the one wildlife refuge in the United
States where there is unregulated agriculture practicing on leased land
dealing with the Klamath basin. I hope we will be able as a Chamber to
come forward to solve that problem. But in the meantime, I commend the
subcommittee for its hard work and look forward to this work in
progress solving the CARA problem.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield myself 1 minute
to enter into a colloquy with the gentleman from Pennsylvania.
Mr. SHERWOOD. Mr. Chairman, will the gentleman yield?
Mr. TAYLOR of North Carolina. I yield to the gentleman from
Pennsylvania.
Mr. SHERWOOD. Mr. Chairman, regarding funding for the U.S. Geological
Survey's Minerals Assessment Team, there was confusion regarding
whether this important activity was included in the bill. I have been
informed that when the gentleman restored the mineral program, it also
included the restoration of the Mineral Information Team Commodity
reports.
Minerals and mineral products accounted for over $370 billion to the
economy in 2002. This survey is the only institution, either public or
private, that provides these important resource assessments, and I
would ask the chairman if this is his understanding regarding the
restoration of this important program.
Mr. TAYLOR of North Carolina. Mr. Chairman, reclaiming my time, the
gentleman, as usual, is correct in his assessment of the situation. It
has been restored.
Mr. DICKS. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from
New Jersey (Mr. Rothman), a valued member of the Committee on
Appropriations to engage in a colloquy with the chairman of the
subcommittee.
Mr. ROTHMAN. Mr. Chairman, I thank the ranking member for yielding me
this time, and I would like to address my remarks to the distinguished
chairman of the subcommittee.
Mr. Chairman, I rise to discuss an important issue regarding the Fish
and Wildlife Service's ongoing work in the Hackensack Meadowlands area
of New Jersey. The Fish and Wildlife Service has termed the 8,400-acre
Hackensack Meadowlands an ``aquatic resource of national importance,''
an area 10 times the size of Central Park in New York City, located in
the most densely populated area of the most densely populated State in
the Nation, New Jersey, just a handful of miles from the Empire State
Building. The Meadowlands is home to 65 species of nesting birds and 50
species of fish and shellfish.
During the last 2 fiscal years, Mr. Chairman, Congress has directed
the service to assist the U.S. Army Corps of Engineers in its ongoing
feasibility study of preparing alternative approaches to preserving the
meadowlands. In fiscal year 2003, the committee provided $180,000 for
the service's New Jersey field office for such purposes. I want to
thank both Chairman Taylor and Ranking Member Dicks for their past and
continuing support of this important project.
To continue the service's coordination with the Army Corps as well as
its development of a comprehensive restoration plan that will recommend
long-term management options for the Hackensack Meadowlands, an
additional $50,000 is needed in fiscal year 2004 so that the New Jersey
field office can complete the hiring of a field biologist and an
environmental toxicologist.
As the interior bill moves to conference with the Senate, I ask that
the distinguished chairman consider the funding requirement for this
important effort.
Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentleman yield?
Mr. ROTHMAN. I yield to the gentleman from North Carolina.
Mr. TAYLOR of North Carolina. Mr. Chairman, I thank the gentleman
from New Jersey for his leadership on this program. The Hackensack
Meadowlands are indeed an important resource and a reasonable priority
for the service.
I am advised that the unanticipated budgetary delays have hindered
the prompt hiring of the personnel the gentleman mentioned. I will look
forward to working with the gentleman as we move forward towards
conference to ensure that the service has the resources it needs to
continue its consultative role on the Army Corps' meadowlands ecosystem
restoration study.
Mr. ROTHMAN. Reclaiming my time, Mr. Chairman, I want to thank the
gentleman from North Carolina (Mr. Taylor) and my distinguished ranking
member for all their help on this issue and look forward to their
continuing support on this issue.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Kentucky (Mrs. Northup).
Mrs. NORTHUP. Mr. Chairman, I want to enter into a colloquy with the
chairman of the subcommittee.
Mr. Chairman, UPS's primary hub is located in my district. The United
Parcel Service, known as UPS around the world, employs 22,000 people in
my district. It just completed a $1 billion expansion and is the
largest taxpayer in the State of Kentucky. In 2001, UPS supported
approximately 7.1 million packages from overseas and exported 11.4
million packages going overseas. A significant portion of this volume
is under the jurisdiction of the U.S. Fish and Wildlife Service.
Considering the volume of products under their jurisdiction, it is
only logical to designate Louisville, Kentucky, as the port of entry
for international trade in Fish and Wildlife resources in the coming
year. That designation only
[[Page H6960]]
reflects the fact that in modern day Fish and Wildlife jurisdiction has
to be not only at our ports but also at the primary designations at our
airports.
Mr. Chairman, I know that right now there is $700,000 in the budget
that is for Atlanta; but I am eager to see that moved, as the Senate
has done, to Louisville.
Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentlewoman
yield?
Mrs. NORTHUP. I yield to the gentleman from North Carolina.
Mr. TAYLOR of North Carolina. Mr. Chairman, I would say to the
gentlewoman from Kentucky that I know she has worked long and hard on
this project, and it will be my intent to see that it is funded,
working with her and the Senate.
Mrs. NORTHUP. Reclaiming my time, Mr. Chairman, I thank the chairman
very much.
Mr. DICKS. Mr. Chairman, I yield 2 minutes to the gentleman from New
Jersey (Mr. Pallone).
Mr. PALLONE. Mr. Chairman, I want to thank the ranking member for
yielding me this time, and I rise to engage the chairman of the
subcommittee in a colloquy regarding American Indians and homeland
security.
Mr. Chairman, I am concerned that as we move forward with the
interior appropriations bill it is important to highlight the fact that
no funds have been appropriated for tribal homeland security
initiatives. Since the September 11 attacks, we have had allocated
significant funds to secure the homeland against future terrorist
attacks; however, Indian country has been excluded from all homeland
security plans.
I would ask that my colleagues recognize that tribes need to be
included in the national strategy for homeland security. This is of
particular importance for those tribes that are required to help
protect the Nation's borders.
Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentleman yield?
Mr. PALLONE. I yield to the gentleman from North Carolina.
Mr. TAYLOR of North Carolina. Mr. Chairman, I wish to assure the
gentleman that I agree with his assessment of the situation. I am not
sure that the interior bill is the appropriate place to provide this
funding, but I will work with the gentleman to address these needs in
future appropriations bills.
Mr. PALLONE. Reclaiming my time, Mr. Chairman, I want to thank the
chairman for his consideration.
Mr. TAYLOR of North Carolina. Mr. Chairman, I reserve the balance of
my time.
Mr. DICKS. Mr. Chairman, I yield 3 minutes to the gentleman from
Massachusetts (Mr. Olver), our distinguished colleague and member of
the Committee on Appropriations.
Mr. OLVER. Mr. Chairman, I thank the gentleman for yielding me this
time.
First of all, I want to thank the chairman, the gentleman from North
Carolina (Mr. Taylor), and the ranking member, the gentleman from
Washington (Mr. Dicks), for their very hard work in bringing forward
this bill. And I particularly thank both the staffs, the majority led
by Deb Weatherly and the minority led by Mike Stephens, because the
work of bringing forward the bill, the difficult work, is really done
by them.
I appreciate very much that the bill includes important increases in
many areas. For instance, there is a $335 million increase over the
fiscal 2003 base funding for the National Fire Plan, which is
critically important to the Nation's ability to both fight and prevent
catastrophic forest fires. And I think it is very commendable that we
have a $240-some million increase for Indian health education and trust
reform, while that still is probably a good deal less than is needed.
Unfortunately, despite the positive aspects, and those are only a
couple of them, the 2004 appropriations bill remains flawed in key
areas. These failings include, first, a continuing policy of freezing
funding for the National Endowment for the Arts at levels 30 percent
less than provided a decade ago, despite repeated votes on the floor of
the House in support of increased funding. Second, the rejection of the
President's request to increase funding for the Department of Energy's
weatherization program, which is critical in helping poor families
reduce their energy costs and is funded at a level $63 million below
the President's request.
{time} 1815
But most particularly, I regret the retreat from the committee's
previous commitment to adequately fund conservation programs to protect
public lands and cultural artifacts, to preserve endangered and
threatened species, and to assist States in their own conservation and
recreation programs.
These conservation programs are funded at a level which is $208
million below the current year and $569 million below the level
authorized in the Conservation Trust Agreement reached less than 3
years ago. These conservation programs include, and I will just mention
a couple, the Forest Legacy Program, where 93 Members of the House
wrote the committee in support of the Forest Legacy Program. These 93
Members asked for an increase from $68 million to $158 million.
Instead, this bill funds Forest Legacy grants to the States at $45
million, which is a level 30 percent less, lower, than last year.
Secondly, the North American Wetlands Conservation Fund where 225
Members of the House wrote the committee and encouraged us to increase
funding for the Wetlands Conservation Program. Instead, that level is
less than half the President's request. Instead of increasing the
program modestly, we have in fact cut it by a third.
The Stateside Assistance Program which is funded at $98 million,
about a 40 percent reduction from the President's request, and the
Urban Parks Program where no funding is provided. The Urban Parks
Program has been in place for 30 years, and it was zeroed out. It was
part of the same CARA agreement made 3 years ago which is not being
maintained under this bill.
I certainly hope I will be able to vote for this legislation after
the final conference report. It is my intent to do so if some of these
failings have been corrected along the way.
Mr. DICKS. Mr. Chairman, I yield 5 minutes to the gentleman from
California (Mr. George Miller), one of the leading environmental
advocates in the House of Representatives.
Mr. GEORGE MILLER of California. Mr. Chairman, I thank the gentleman
for yielding me this time, and I thank him for all of his work on this
bill and to the chairman of the committee for all of their time and
effort to bring this bill to the floor.
But I do want to say how disappointed I am with this legislation in
terms of its treatment of the conservation spending and the
conservation accounts. As previous speakers have noted, these accounts
were created based upon a bipartisan agreement and an agreement to fund
them when we had under consideration the CARA legislation, which was
really designed to redeem the promise that this government made to the
people of this country that, in exchange for offshore oil drilling, we
would create an account, the Land and Water Conservation Account, and
those monies would be used for the acquisition and protection of public
and local lands, stateside land and water conservation for State and
local governments to acquire land and communities to acquire land, and
the Federal account for Federal lands.
That was the agreement. There were overwhelming votes in the
committee on a bipartisan basis; there were overwhelming votes on the
floor of the House. The Committee on Appropriations responded with the
funding of these accounts, and now we see that those accounts were
savaged. This was a promise. This was an account that was created for
the acquisition of these lands, both federally and locally. That
account has several billion dollars in it in surplus, and yet we see
what happens; those accounts were taken down from $450 million on the
Federal side and $450 million on the state side.
It is just unacceptable, because what do these Federal dollars do at
the local level? They attract corporate money, they attract foundation
money, local people make contributions. The fastest-growing
organizations in the environmental movement are land trusts where
communities come together to try to protect the natural assets of their
communities, to protect the values in their communities, to create open
space so that people can enjoy a quality of life. That is what those
Federal dollars do. They are all matched at the local level.
[[Page H6961]]
Now we see instead of $450 million, we are going to have around $100
million. It is breaking a promise. It is breaking a promise with the
people of this country. We tried to offer, the gentleman from Wisconsin
(Mr. Obey) and the gentleman from Washington (Mr. Dicks) were going to
offer an amendment; but it would not be made in order to restore the
funding for those accounts. And those accounts should be restored in
toto.
Maybe what we should do is we should object to every suspension bill
where a Member of the Republican Party is asking to acquire additional
land. I sit on the Committee on Resources; and we pass bill after bill
where Members of the other party want to acquire land, another 10
acres, another 20 acres, move the boundary east, west, add to this
national park, add to this wilderness area. Why do they do that?
Because the communities they represent want this done. They are
responding to the desires of their constituents. And now instead of
$450 million being available, there will be $100 million. If the
Republicans dislike the program this much, they should not put in any
more requests. There should at least be enough money in this bill to
fund the Republican requests for land acquisition. That ought to be the
minimum.
Mr. DICKS. Mr. Chairman, will the gentleman yield?
Mr. GEORGE MILLER of California. I yield to the gentleman from
Washington.
Mr. DICKS. Mr. Chairman, I ask the gentleman if it is true that the
President of the United States when he ran for President said we were
going to have full funding of the Land and Water Conservation Fund,
$450 million for Federal, $450 million for state-side, and now we are
down at $197 million for both programs?
Mr. GEORGE MILLER of California. Mr. Chairman, that was his promise
during the campaign, and it was his promise after he was elected. He
was asked by the supporters of CARA in the campaign. I hate to say
this, but he endorsed the bill and the concept and the money before the
Democratic nominee did. He was out there saying this is important. Why?
Because he understands this is community-driven. This is the best in
our Federal system. Local people have these needs; they have raised
local money. The Federal Government provides a catalyst from an account
that was set aside specifically for that purpose. The gentleman has
done an incredible job on these conservation accounts over the last
several years, but now all of a sudden it looks like they just got in
the car and drove over the cliff on this one.
We will see who puts in the requests for the dollars. So no more
Federal land, and yet bill after bill is passed out of the Committee on
Resources, and then the Committee on Appropriations is supposed to fund
it.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, I was a member of the Subcommittee on the Interior, was
not a member of this agreement that Members are talking about being
made. No Congress can bind another Congress to an agreement because
each Congress changes.
I would point out that given our funds, we have done a great deal in
the area of conservation spending. We are putting in more than $1
billion in this program. In addition, we have spending categories that
were not even established in 2001, and there are many billions of
dollars in this bill that address conservation. Neither this
administration nor this committee has failed in our effort to address
the question of conservation. We have, however, tried to balance the
bill given the fact that we have a deficit this year.
I am sure the gentleman will soon be addressing us and criticizing us
in a few months about the deficit. This is the only time we can address
it in our appropriations area.
Mr. Chairman, I yield 3 minutes to the gentleman from Maryland (Mr.
Gilchrest) for a colloquy.
Mr. GILCHREST. Mr. Chairman, I rise to engage the gentleman from
North Carolina (Mr. Taylor), the chairman of the subcommittee, in a
colloquy regarding the eradication and control of exotic, invasive
nutria through a partnership of Federal and State agencies and private
organizations in Maryland.
I would like to thank the chairman for including funding for the
Maryland Nutria Eradication and Control Act within the national
wildlife refuge operations and maintenance budget. In the Chesapeake
Bay, both the Blackwater National Wildlife Refuge and the Chesapeake
Bay field office are partners in the Nutria Eradication and Control
Project management team with other Federal agencies, the State of
Maryland, and private landowners around the refuge. It covers over
60,000 acres of marsh, and it has been a 5-year program.
Funds made available for this project have been authorized by Public
Laws 105-322 and 108-16, which specify that, ``In the State of
Maryland, the Secretary shall require that the program consist of
management, research, and public education activities carried out in
accordance with the document published by the United States Fish and
Wildlife Service entitled 'Eradication Strategies for Nutria in the
Chesapeake and Delaware Bay Watersheds,''' dated March 2002.
This strategy describes a comprehensive approach to nutria
eradication on the Blackwater National Wildlife Refuge and the
surrounding areas. We have lost over 7,000 acres of marshland up to
this point from this invasive species.
In the past few years, Maryland nutria eradication funds were
appropriated and administered through the Partners for Fish and
Wildlife Program, and this ensured that the project funding was not
limited to use on the refuge. The refuge receives separate funds
directly for use on the refuge system.
The interior appropriations bill we are considering today includes
generous funds for the current nutria project for this year, but the
funds are entirely within the budget of the Blackwater National
Wildlife Refuge. It is vital that funds be applied to the entire
project so that USDA trappers can be compensated and the Fish and
Wildlife Service can procure and maintain the necessary equipment and
facilities on the refuge and continue to support the Nutria Eradication
and Control Project.
Is it the understanding of the chairman that the service, through the
Blackwater National Wildlife Refuge, should continue to support the
Nutria Eradication and Control Project in Maryland, as authorized,
throughout the 60,000 acres impacted by nutria as well as on the refuge
itself?
Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentleman yield?
Mr. GILCHREST. I yield to the gentleman from North Carolina.
Mr. TAYLOR of North Carolina. Mr. Chairman, I thank the gentleman for
his interest in the Chesapeake Bay and his leadership in addressing the
threat posed by invasive species to our public. The committee intends
that the funds appropriated for the Nutria Eradication and Control
Project in Maryland be applied to the eradication strategy, as
authorized, and not to be limited to activities within the boundaries
of the refuge.
Mr. GILCHREST. Mr. Chairman, I thank the gentleman for his attention
to this issue.
Mr. DICKS. Mr. Chairman, I yield 1 minute to the gentleman from Texas
(Mr. Hall).
(Mr. HALL asked and was given permission to revise and extend his
remarks.)
Mr. HALL. Mr. Chairman, with the House scheduled to consider the
interior appropriations bill for 2004, I wanted to take a minute to
urge my colleagues to consider for a moment the important research and
development programs administered by the Department of Energy that are
funded in this bill.
R&D in areas such as clean coal technology, fuel cells, highly-
efficient gas turbines, and integrated gasification combined cycle
power plants ensure that power plants can run cleaner and more
efficiently, allowing us to meet ever-increasing demands on power
generators. Equally important are enhanced recovery technologies for
oil and natural gas which enable us to continue to fuel our cars and
heat our homes.
Mr. Chairman, I believe that dollar for dollar, these programs may be
the very best investment this country can
[[Page H6962]]
make to sustain and strengthen our Nation's economy, bar none. As the
ranking member of the Committee on Science, I congratulate the
Subcommittee on the Interior and Related Agencies for increasing the
fossil energy funding by $99 million over the President's request.
However, as much as this increase is, it is still below the levels
appropriated last year. I remain concerned about the folks at OMB. I
urge my colleagues to support the bill as reported out of the Committee
on Appropriations.
{time} 1830
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 1 minute to the
gentleman from Oregon (Mr. Walden).
Mr. WALDEN of Oregon. Mr. Chairman, I would like to engage the
gentleman from North Carolina in a colloquy regarding the Steens
Mountain Cooperative Management Protection Act of 2000 as it relates to
access to private inholdings.
Mr. Chairman, I am concerned that the Bureau of Land Management needs
to be reminded of its responsibilities to provide for the continuation
of normal and generally used modes of access to private inholdings.
This is especially important now because the Bureau of Land Management
is in the process of finalizing its land management plans for the
Steens Mountain Cooperative Management and Protection Area. I ask for
the gentleman's assistance in this matter.
Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentleman yield?
Mr. WALDEN of Oregon. I yield to the gentleman from North Carolina.
Mr. TAYLOR of North Carolina. Let me assure the gentleman that I will
convey his concerns to the Department of the Interior. I agree with his
assessment of the situation relating to access to private inholdings.
Mr. WALDEN of Oregon. Mr. Chairman, I believe that management
concerns should be addressed through acquisition exchanges and ask for
the gentleman's help in this area as well.
Mr. TAYLOR of North Carolina. Within the current budget constraints
we will do our best to address the gentleman's concerns.
Mr. WALDEN of Oregon. Mr. Chairman, I appreciate that and thank the
gentleman for his work.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield myself such time
as I may consume.
We have a lot of concerns about all legislation that comes before
Congress. There is never enough money, we feel, to spend all the money
for all the needs that we have. This year we have a deficit. We have a
balanced bill in this Interior bill. We think it addresses adequately
all concerns within our ability to spend. I want to thank the gentleman
from Washington (Mr. Dicks) and the committee, both the majority and
the minority, for the work that they have done on this.
I urge my colleagues to support this bill.
Mr. FALEOMAVAEGA. Mr. Chairman, I rise in support of H.R. 2691, the
Department of the Interior and Related Agencies Appropriations Act for
Fiscal Year 2004 and at this time I want to thank the Chairman of the
Subcommittee on Interior Appropriations and the Ranking Member for
bringing this bill to the floor. I also want to thank Chairman Bill
Young and Ranking Member David Obey of the full committee for their
leadership and support.
H.R. 2691 appropriates funding for the Department of the Interior and
other related agencies including the Office of Insular Affairs. The
Office of Insular Affairs (OIA) was established on August 4, 1995
through Secretarial Order No. 3191. In part, the OIA was established to
help the U.S. government fulfill its responsibilities to the four U.S.
territories (American Samoa, Guam, the U.S. Virgin Islands and the
Commonwealth of the Northern Mariana Islands) and the three freely
associated states (the Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of Palau).
Territorial assistance provided by the OIA as appropriated through
Congress provides substantial financial resources to these governments,
including the government of American Samoa. Once again, I am pleased
that my colleagues have supported my efforts to make sure that American
Samoa's funding remains in place despite the budget cuts this country
is facing and despite our nation's need to increase funding for the war
on terrorism.
More than 100 years ago, the traditional leaders of American Samoa
ceded their islands to the United States and our sons and daughters
have served in record numbers in every U.S. military engagement from
WWII to present operations in our war against terrorists. The people of
American Samoa have stood by the United States in good times and bad
and to this day American Samoa serves as a refueling point for U.S.
naval ships and military aircraft.
While I understand the need for budget cuts, I want to thank my
colleagues for also understanding and supporting the needs of American
Samoa. I thank my colleagues, both Republican and Democrat, for
favorably supporting my efforts to keep American Samoa's funding in
place. This funding will help American Samoa improve its infrastructure
and address its critical education, health care and transportation
needs. I urge my colleagues to support this bill.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield back the balance
of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he or
she has printed in the designated place in the Congressional Record.
Those amendments will be considered read.
The Clerk will read.
The Clerk read as follows:
H.R. 2691
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of
the Interior and related agencies for the fiscal year ending
September 30, 2004, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$834,088,000, to remain available until expended, of which
$1,000,000 is for high priority projects, to be carried out
by the Youth Conservation Corps; $2,222,000 is for assessment
of the mineral potential of public lands in Alaska pursuant
to section 1010 of Public Law 96-487; (16 U.S.C. 3150); and
of which not to exceed $1,000,000 shall be derived from the
special receipt account established by the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i));
and $3,000,000 shall be available in fiscal year 2004 subject
to a match by at least an equal amount by the National Fish
and Wildlife Foundation for cost-shared projects supporting
conservation of Bureau lands; and such funds shall be
advanced to the Foundation as a lump sum grant without regard
to when expenses are incurred; in addition, $32,696,000 is
for Mining Law Administration program operations, including
the cost of administering the mining claim fee program; to
remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation
from annual mining claim fees so as to result in a final
appropriation estimated at not more than $834,088,000, and
$2,000,000, to remain available until expended, from
communication site rental fees established by the Bureau for
the cost of administering communication site activities:
Provided, That appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its
contractors.
wildland fire management
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $698,725,000,
to remain available until expended, of which not to exceed
$12,374,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without
cost from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for
fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation:
Provided further, That using the amounts designated under
this title of this Act, the Secretary of the Interior may
enter into procurement
[[Page H6963]]
contracts, grants, or cooperative agreements, for hazardous
fuels reduction activities, and for training and monitoring
associated with such hazardous fuels reduction activities, on
Federal land, or on adjacent non-Federal land for activities
that benefit resources on Federal land: Provided further,
That the costs of implementing any cooperative agreement
between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties:
Provided further, That in entering into such grants or
cooperative agreements, the Secretary may consider the
enhancement of local and small business employment
opportunities for rural communities, and that in entering
into procurement contracts under this heading on a best value
basis, the Secretary may take into account the ability of an
entity to enhance local and small business employment
opportunities in rural communities, and that the Secretary
may award procurement contracts, grants, or cooperative
agreements under this heading to entities that include local
non-profit entities, Youth Conservation Corps or related
partnerships, or small or disadvantaged businesses: Provided
further, That funds appropriated under this head may be used
to reimburse the United States Fish and Wildlife Service and
the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act in
connection with wildland fire management activities: Provided
further, That the Secretary of the Interior may use wildland
fire appropriations to enter into non-competitive sole source
leases of real property with local governments, at or below
fair market value, to construct capitalized improvements for
fire facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make
advance payments for any such lease or for construction
activity associated with the lease: Provided further, That
the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $12,000,000, between the Departments when such
transfers would facilitate and expedite jointly funded
wildland fire management programs and projects: Provided
further, That funds provided for wildfire suppression shall
be available for support of Federal emergency response
actions.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.),
$9,978,000, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302, sums recovered from or
paid by a party in advance of or as reimbursement for
remedial action or response activities conducted by the
Department pursuant to section 107 or 113(f) of such Act,
shall be credited to this account, to be available until
expended without further appropriation: Provided further,
That such sums recovered from or paid by any party are not
limited to monetary payments and may include stocks, bonds or
other personal or real property, which may be retained,
liquidated, or otherwise disposed of by the Secretary and
which shall be credited to this account.
construction
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $10,976,000, to
remain available until expended.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $14,000,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended.
Amendments Offered by Mr. Obey
Mr. OBEY. Mr. Chairman, I offer amendments.
The CHAIRMAN. The Chair notes that the amendments address a portion
of the bill not yet read for amendment and appear not to invoke clause
2(f) of rule XXI. Does the gentleman ask unanimous consent for their
consideration at this point in the reading?
Mr. OBEY. Yes, Mr. Chairman, I do.
The CHAIRMAN. Is there objection to the request of the gentleman from
Wisconsin?
There was no objection.
The CHAIRMAN. The Clerk will report the amendments.
The Clerk read as follows:
Amendments offered by Mr. Obey:
On page 7, line 13, strike $14,000,000 and insert
$49,920,000.
On page 14, line 8, strike $23,058,000 and insert
$99,135,000.
On page 25, line 24, strike $131,154,000 and insert
$330,117,000.
On page 97, line 17, strike $29,288,000 and insert
$149,742,000.
On page 17, line 12, strike $75,000,000 and insert
$100,000,000.
On page 16, line 11, strike $24,560,000 and insert
$43,500,000.
On page 91, line 3, strike $290,758,000 and insert
$335,272,000.
On page 22, line 23, strike $71,000,000 and insert
$90,000,000.
On page 23, line 1, strike $30,000,000 and insert
$34,000,000.
On page 22, line 17, strike $305,000,000 and insert
$30,000,000.
On page 90, after line 9, add a new General Provision as
follows:
Sec. ______. In the case of taxpayers with adjusted gross
income in excess of $1,000,000 for the tax year beginning in
2003, the amount of tax reduction resulting from enactment of
the Jobs and Growth Tax Relief Reconciliation Act of 2003
(Pub. L. 108-27) shall be reduced by 3.21 percent.
Mr. OBEY (during the reading). Mr. Chairman, I ask unanimous consent
that the amendments be considered as read and printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Wisconsin?
There was no objection.
Mr. TAYLOR of North Carolina. Mr. Chairman, I reserve a point of
order on the amendment.
The CHAIRMAN. Points of order are reserved.
Mr. OBEY. Mr. Chairman, I have already described in my previous
remarks the content of this amendment. This amendment seeks to restore
funding consistent with the agreement that the Congress entered into 3
years ago with respect to the conservation programs that I cited
earlier. The rule that was adopted for consideration of this bill did
not protect this amendment from a point of order. Nonetheless, I would
like to proceed.
It is up to the majority to decide whether they want to exercise
their ability under the rule to preclude the consideration of this
amendment by objecting. I would hope they would not because I think
that it is in the interest of this House to keep its word and I think
it is in the interest of this country to fund these conservation
programs. But if the gentleman does lodge a point of order against the
amendment, I will have to readily concede the point of order.
Point of Order
The CHAIRMAN. Does the gentleman from North Carolina insist on his
point of order?
Mr. TAYLOR of North Carolina. Mr. Chairman, I make a point of order
against the amendment because it proposes to change existing law and
constitutes legislation in an appropriations bill and, therefore,
violates clause 2 of rule XXI.
I ask for a ruling from the Chair.
The CHAIRMAN. Does the gentleman from Wisconsin wish to be heard on
the point of order?
Mr. OBEY. Mr. Chairman, I regret that the point of order has been
lodged because I think the committee ought to live up to its word, but
I concede the point of order in light of the rule adopted by the House.
The CHAIRMAN. The point of order is conceded and, therefore,
sustained.
The Clerk will read.
The Clerk read as follows:
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $106,672,000 to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge
against the Oregon and California land-grant fund and shall
be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (50 Stat. 876).
forest ecosystems health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning,
preparing, implementing and monitoring salvage timber sales
and forest ecosystem health and recovery activities, such as
release from competing vegetation and density control
treatments. The Federal share of receipts (defined as the
portion of salvage timber receipts not paid to the counties
under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and
Public Law 106-393) derived from treatments funded by this
account shall be deposited into the Forest Ecosystem Health
and Recovery Fund.
[[Page H6964]]
Mr. TAYLOR of North Carolina. Mr. Chairman, I ask unanimous consent
that the remainder of the bill through page 92, line 14, be considered
as read, printed in the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
North Carolina?
There was no objection.
The text of the bill from page 8, line 23, through page 92, line 14,
is as follows:
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of the Act of October
21, 1976 (43 U.S.C. 1701), and such amounts as may be
advanced for administrative costs, surveys, appraisals, and
costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on her certificate, not to exceed
$10,000: Provided, That notwithstanding 44 U.S.C. 501, the
Bureau may, under cooperative cost-sharing and partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly produced
publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That section 28 of title
30, United States Code, is amended: (1) in section 28f(a), by
striking ``for years 2002 through 2003'' and inserting in
lieu thereof ``for years 2004 through 2008''; and (2) in
section 28g, by striking ``and before September 30, 2003''
and inserting in lieu thereof ``and before September 30,
2008''.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, maintenance of the herd of long-horned
cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized
functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $959,901,000, to
remain available until September 30, 2005, except as
otherwise provided herein: Provided, That not less than
$2,000,000 shall be provided to local governments in southern
California for planning associated with the Natural
Communities Conservation Planning (NCCP) program and shall
remain available until expended: Provided further, That
$2,000,000 is for high priority projects, which shall be
carried out by the Youth Conservation Corps: Provided
further, That not to exceed $12,286,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4
of the Endangered Species Act, as amended, for species that
are indigenous to the United States (except for processing
petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)), of which not to exceed $8,900,000 shall be
used for any activity regarding the designation of critical
habitat, pursuant to subsection (a)(3), excluding litigation
support, for species already listed pursuant to subsection
(a)(1) as of the date of enactment this Act: Provided
further, That of the amount available for law enforcement, up
to $400,000 to remain available until expended, may at the
discretion of the Secretary be used for payment for
information, rewards, or evidence concerning violations of
laws administered by the Service, and miscellaneous and
emergency expenses of enforcement activity, authorized or
approved by the Secretary and to be accounted for solely on
her certificate: Provided further, That of the amount
provided for environmental contaminants, up to $1,000,000 may
remain available until expended for contaminant sample
analyses.
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $52,718,000, to remain available until
expended.
land acquisition
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $23,058,000, to be derived
from the Land and Water Conservation Fund, and to remain
available until expended: Provided, That none of the funds
appropriated for specific land acquisition projects can be
used to pay for any administrative overhead, planning or
other management costs.
landowner incentive program
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
private conservation efforts to be carried out on private
lands, $40,000,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended:
Provided, That the amount provided herein is for a Landowner
Incentive Program established by the Secretary that provides
matching, competitively awarded grants to States, the
District of Columbia, Tribes, Puerto Rico, Guam, the United
States Virgin Islands, the Northern Mariana Islands, and
American Samoa, to establish or supplement existing landowner
incentive programs that provide technical and financial
assistance, including habitat protection and restoration, to
private landowners for the protection and management of
habitat to benefit federally listed, proposed, candidate, or
other at-risk species on private lands.
stewardship grants
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
private conservation efforts to be carried out on private
lands, $10,000,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended:
Provided, That the amount provided herein is for a
Stewardship Grants Program established by the Secretary to
provide grants and other assistance to individuals and groups
engaged in private conservation efforts that benefit
federally listed, proposed, candidate, or other at-risk
species.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as
amended, $86,614,000, of which $36,614,000 is to be derived
from the Cooperative Endangered Species Conservation Fund and
$50,000,000 is to be derived from the Land and Water
Conservation Fund and to remain available until expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,414,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
as amended, $24,560,000, to remain available until expended.
neotropical migratory bird conservation
For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance
with the Neotropical Migratory Bird Conservation
[[Page H6965]]
Act, Public Law 106-247 (16 U.S.C. 6101-6109), $5,000,000, to
remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), the Asian Elephant Conservation Act of
1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros
and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), and
the Great Ape Conservation Act of 2000 (16 U.S.C. 6301),
$5,000,000, to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and federally recognized Indian tribes under the provisions
of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and
their habitat, including species that are not hunted or
fished, $75,000,000 to be derived from the Land and Water
Conservation Fund, and to remain available until expended:
Provided, That of the amount provided herein, $6,000,000 is
for a competitive grant program for Indian tribes not subject
to the remaining provisions of this appropriation: Provided
further, That the Secretary shall, after deducting said
$6,000,000 and administrative expenses, apportion the amount
provided herein in the following manner: (A) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(B) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (A)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (B) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 50 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That no State,
territory, or other jurisdiction shall receive a grant unless
it has developed, or committed to develop by October 1, 2005,
a comprehensive wildlife conservation plan, consistent with
criteria established by the Secretary of the Interior, that
considers the broad range of the State, territory, or other
jurisdiction's wildlife and associated habitats, with
appropriate priority placed on those species with the
greatest conservation need and taking into consideration the
relative level of funding available for the conservation of
those species: Provided further, That any amount apportioned
in 2004 to any State, territory, or other jurisdiction that
remains unobligated as of September 30, 2005, shall be
reapportioned, together with funds appropriated in 2006, in
the manner provided herein: Provided further, That balances
from amounts previously appropriated under the heading
``State Wildlife Grants'' shall be transferred to and merged
with this appropriation and shall remain available until
expended.
administrative provisions
Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 157 passenger motor vehicles, of which 142 are
for replacement only (including 33 for police-type use);
repair of damage to public roads within and adjacent to
reservation areas caused by operations of the Service;
options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses
on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the
Service and to which the United States has title, and which
are used pursuant to law in connection with management, and
investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing
either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards:
Provided further, That the Service may accept donated
aircraft as replacements for existing aircraft: Provided
further, That notwithstanding any other provision of law, the
Secretary of the Interior may not spend any of the funds
appropriated in this Act for the purchase of lands or
interests in lands to be used in the establishment of any new
unit of the National Wildlife Refuge System unless the
purchase is approved in advance by the House and Senate
Committees on Appropriations in compliance with the
reprogramming procedures contained in the House Report
accompanying this Act.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
$1,636,882,000 of which $10,887,000 is for planning and
interagency coordination in support of Everglades restoration
and shall remain available until expended; of which
$98,480,000, to remain available until September 30, 2005, is
for maintenance, repair or rehabilitation projects for
constructed assets, operation of the National Park Service
automated facility management software system, and
comprehensive facility condition assessments; and of which
$2,000,000 is for the Youth Conservation Corps for high
priority projects: Provided, That the only funds in this
account which may be made available to support United States
Park Police are those funds approved for emergency law and
order incidents pursuant to established National Park Service
procedures, those funds needed to maintain and repair United
States Park Police administrative facilities, and those funds
necessary to reimburse the United States Park Police account
for the unbudgeted overtime and travel costs associated with
special events for an amount not to exceed $10,000 per event
subject to the review and concurrence of the Washington
headquarters office.
united states park police
For expenses necessary to carry out the programs of the
United States Park Police, $78,859,000.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided
for, $54,924,000: Provided, That none of the funds in this or
previous Acts for the Rivers, Trails and Conservation
Assistance Program may be used for cooperative agreements or
any other form of cash grant.
urban park and recreation fund
For expenses necessary to carry out the provisions of the
Urban Park and Recreation Recovery Act of 1978 (16 U.S.C.
2501 et seq.), $305,000, to remain available until expended.
historic preservation fund
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $71,000,000, to be derived from the Historic
Preservation Fund, to remain available until September 30,
2005: Provided, That of the total amount provided,
$30,000,000 shall be for Save America's Treasures for
priority preservation projects, of nationally significant
sites, structures, and artifacts: Provided further, That any
individual Save America's Treasures grant shall be matched by
non-Federal funds: Provided further, That individual projects
shall only be eligible for one grant, and all projects to be
funded shall be approved by the House and Senate Committees
on Appropriations and the Secretary of the Interior in
consultation with the President's Committee on the Arts and
Humanities prior to the commitment of grant funds: Provided
further, That Save America's Treasures funds allocated for
Federal projects shall be available by transfer to
appropriate accounts of individual agencies, after approval
of such projects by the Secretary of the Interior, in
consultation with the House and Senate Committees on
Appropriations and the President's Committee on the Arts and
Humanities.
construction
For construction, improvements, repair or replacement of
physical facilities, including the modifications authorized
by section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $303,199,000, to remain available
until expended: Provided, That none of the funds in this or
any other Act, may be used to pay the salaries and expenses
of more than 160 Full Time Equivalent personnel working for
the National Park Service's Denver Service Center funded
under the construction program management and operations
activity: Provided further, That none of the funds provided
in this or any other Act may be used to pre-design, plan, or
construct any new facility (including visitor centers,
curatorial facilities, administrative buildings), for which
appropriations have not been specifically provided if the net
construction cost of such facility is in excess of
$5,000,000, without prior approval of the House and Senate
Committees on Appropriations: Provided further, That this
restriction applies to all funds available to the National
Park Service, including partnership and fee demonstration
projects: Provided further, That no funds appropriated in
this Act and in any prior Acts for the purpose of
implementing the Modified Water Deliveries to Everglades
National Park Project shall be available for expenditure
unless the Secretary of the Interior, the Secretary of the
Army, the Administrator of the Environmental Protection
Agency, and the Attorney General file a joint report by
September 30, 2003, and every six months thereafter until
[[Page H6966]]
December 31, 2006, to the House and Senate Committees on
Appropriations, the House Committee on Transportation and
Infrastructure, the House Committee on Resources and the
Senate Committee on Environment and Public Works, indicating
that the water entering A.R.M. Loxahatchee National Wildlife
Refuge and Everglades National Park meets all applicable
State water quality standards and numeric criteria adopted
for phosphorus throughout A.R.M. Loxahatchee National
Wildlife Refuge and Everglades National Park, as well as
water quality requirements set forth in the Consent Decree
entered in United States v. South Florida Water Management
District, and that the House and Senate Committees on
Appropriations respond in writing to the report indicating
that the funds are available for expenditure.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2004 by 16
U.S.C. 4601-10a is rescinded.
land acquisition and state assistance
(including transfers of funds)
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $131,154,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $97,500,000 is for the State
assistance program including $2,500,000 to administer this
program: Provided, That none of the funds provided for the
State assistance program may be used to establish a
contingency fund: Provided further, That notwithstanding any
other provision of law, the Secretary of the Interior, using
prior year unobligated funds made available under any Act
enacted before the date of enactment of this Act for land
acquisition assistance to the State of Florida for the
acquisition of lands or water, or interests therein, within
the Everglades watershed, shall transfer $5,000,000 to the
United States Fish and Wildlife Service ``Resource
Management'' account for the purpose of funding water quality
monitoring and eradication of invasive exotic plants at
A.R.M. Loxahatchee National Wildlife Refuge, as well as
recovery actions for any listed species in the South Florida
ecosystem, and may transfer such sums as may be determined
necessary by the Secretary of the Interior to the U.S. Army
Corps of Engineers ``Construction, General'' account for the
purpose of modifying the construction of Storm Water
Treatment Area 1 East to include additional water quality
improvement measures, such as additional
compartmentalization, improved flow control, vegetation
management, and other additional technologies based upon the
recommendations of the Secretary of the Interior and the
South Florida Water Management District, to maximize the
treatment effectiveness of Storm Water Treatment Area 1 East
so that water delivered by Storm Water Treatment Area 1 East
to A.R.M. Loxahatchee National Wildlife Refuge achieves State
water quality standards, including the numeric criterion for
phosphorus, and that the cost sharing provisions of section
528 of the Water Resources Development Act of 1996 (110 Stat.
3769) shall apply to any funds provided by the Secretary of
the Interior to the U.S. Army Corps of Engineers for this
purpose: Provided further, That, subsequent to the transfer
of the $5,000,000 to the U.S. Fish and Wildlife Service and
the transfer of funds, if any, to the U.S. Army Corps of
Engineers to carry out water quality improvement measures for
Storm Water Treatment Area 1 East, if any funds remain to be
expended after the requirements of these provisions have been
met, then the Secretary of the Interior may transfer, as
appropriate, and use the remaining funds for Everglades
restoration activities benefiting the lands and resources
managed by the Department of the Interior in South Florida,
subject to the approval by the House and Senate Committees on
Appropriations of a reprogramming request by the Secretary
detailing how the remaining funds will be expended for this
purpose.
administrative provisions
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 249 passenger
motor vehicles, of which 202 shall be for replacement only,
including not to exceed 193 for police-type use, 10 buses,
and 8 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to
process any grant or contract documents which do not include
the text of 18 U.S.C. 1913: Provided further, That none of
the funds appropriated to the National Park Service may be
used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been
submitted to the Congress and shall not be implemented prior
to the expiration of 30 calendar days (not including any day
in which either House of Congress is not in session because
of adjournment of more than 3 calendar days to a day certain)
from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end
of Ellis Island, including the facts and circumstances relied
upon in support of the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to
encourage employees receiving workers' compensation benefits
pursuant to chapter 81 of title 5, United States Code, to
return to appropriate positions for which they are medically
able.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law and to publish and
disseminate data; $935,660,000, of which $64,536,000 shall be
available only for cooperation with States or municipalities
for water resources investigations; and of which $15,227,000
shall remain available until expended for conducting
inquiries into the economic conditions affecting mining and
materials processing industries; and of which $8,000,000
shall remain available until expended for satellite
operations; and of which $24,190,000 shall be available until
September 30, 2005, for the operation and maintenance of
facilities and deferred maintenance; and of which
$173,349,000 shall be available until September 30, 2005, for
the biological research activity and the operation of the
Cooperative Research Units: Provided, That none of these
funds provided for the biological research activity shall be
used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner:
Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic
mapping or water resources data collection and investigations
carried on in cooperation with States and municipalities.
administrative provisions
The amount appropriated for the United States Geological
Survey shall be available for the purchase of not to exceed
53 passenger motor vehicles, of which 48 are for replacement
only; reimbursement to the General Services Administration
for security guard services; contracting for the furnishing
of topographic maps and for the making of geophysical or
other specialized surveys when it is administratively
determined that such procedures are in the public interest;
construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging
stations and observation wells; expenses of the United States
National Committee on Geology; and payment of compensation
and expenses of persons on the rolls of the Survey duly
appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302 et seq.:
Provided further, That notwithstanding the provisions of the
Federal Grant and Cooperative Agreement Act of 1977 (31
U.S.C. 6301-6308), the U.S. Geological Survey is authorized
to continue existing, and hereafter, to enter into new
cooperative agreements directed towards a particular
cooperator, in support of joint research and data collection
activities with Federal, State, and academic partners funded
by appropriations herein, including those that provide for
space in cooperator facilities.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other
minerals leases, permits, licenses and operating contracts;
and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only, $164,216,000, of which $80,396,000,
shall be available for royalty management activities; and an
amount not to exceed $100,230,000, to be credited to this
appropriation and to remain available until expended, from
additions to receipts resulting from increases to rates in
effect on August 5, 1993, from rate increases to fee
collections for Outer Continental Shelf administrative
activities performed by the Minerals Management Service (MMS)
over and above the rates in effect on September 30, 1993, and
from additional fees for Outer Continental Shelf
administrative activities established after September 30,
1993: Provided, That to the extent $100,230,000 in additions
to receipts are not realized from the sources of receipts
stated above, the
[[Page H6967]]
amount needed to reach $100,230,000 shall be credited to this
appropriation from receipts resulting from rental rates for
Outer Continental Shelf leases in effect before August 5,
1993: Provided further, That $3,000,000 for computer
acquisitions shall remain available until September 30, 2005:
Provided further, That funds appropriated under this Act
shall be available for the payment of interest in accordance
with 30 U.S.C. 1721(b) and (d): Provided further, That not to
exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any other
provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of MMS concurred
with the claimed refund due, to pay amounts owed to Indian
allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That MMS may under the
royalty-in-kind pilot program, or under its authority to
transfer oil to the Strategic Petroleum Reserve, use a
portion of the revenues from royalty-in-kind sales, without
regard to fiscal year limitation, to pay for transportation
to wholesale market centers or upstream pooling points, and
to process or otherwise dispose of royalty production taken
in kind, and to recover MMS transportation costs, salaries,
and other administrative costs directly related to filling
the Strategic Petroleum Reserve: Provided further, That MMS
shall analyze and document the expected return in advance of
any royalty-in-kind sales to assure to the maximum extent
practicable that royalty income under the pilot program is
equal to or greater than royalty income recognized under a
comparable royalty-in-value program.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $7,105,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, including the purchase of not to
exceed 10 passenger motor vehicles, for replacement only;
$106,424,000: Provided, That the Secretary of the Interior,
pursuant to regulations, may use directly or through grants
to States, moneys collected in fiscal year 2004 for civil
penalties assessed under section 518 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1268), to
reclaim lands adversely affected by coal mining practices
after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $194,469,000,
to be derived from receipts of the Abandoned Mine Reclamation
Fund and to remain available until expended; of which up to
$10,000,000, to be derived from the Federal Expenses Share of
the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage
from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants
to minimum program States will be $1,500,000 per State in
fiscal year 2004: Provided further, That of the funds herein
provided up to $18,000,000 may be used for the emergency
program authorized by section 410 of Public Law 95-87, as
amended, of which no more than 25 percent shall be used for
emergency reclamation projects in any one State and funds for
federally administered emergency reclamation projects under
this proviso shall not exceed $11,000,000: Provided further,
That prior year unobligated funds appropriated for the
emergency reclamation program shall not be subject to the 25
percent limitation per State and may be used without fiscal
year limitation for emergency projects: Provided further,
That pursuant to Public Law 97-365, the Department of the
Interior is authorized to use up to 20 percent from the
recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must be
consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act.
Bureau of Indian Affairs
operation of indian programs
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of 1978
(25 U.S.C. 2001-2019), and the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$1,902,106,000, to remain available until September 30, 2005
except as otherwise provided herein, of which not to exceed
$85,925,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, not to exceed $135,315,000 shall be available for
payments to tribes and tribal organizations for contract
support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the
Bureau prior to or during fiscal year 2004, as authorized by
such Act, except that tribes and tribal organizations may use
their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs; and of
which not to exceed $458,524,000 for school operations costs
of Bureau-funded schools and other education programs shall
become available on July 1, 2004, and shall remain available
until September 30, 2005; and of which not to exceed
$55,374,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation
support, the Indian Self-Determination Fund, land records
improvement, and the Navajo-Hopi Settlement Program:
Provided, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination
Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$49,297,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal
organizations for administrative cost grants associated with
ongoing grants entered into with the Bureau prior to or
during fiscal year 2003 for the operation of Bureau-funded
schools, and up to $3,000,000 within and only from such
amounts made available for school operations shall be
available for the transitional costs of initial
administrative cost grants to tribes and tribal organizations
that enter into grants for the operation on or after July 1,
2004 of Bureau-operated schools: Provided further, That any
forestry funds allocated to a tribe which remain unobligated
as of September 30, 2005, may be transferred during fiscal
year 2006 to an Indian forest land assistance account
established for the benefit of such tribe within the tribe's
trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2006.
construction
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, $345,154,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C.
13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 2004, in implementing
new construction or facilities improvement and repair project
grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100-297, as
amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary
shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the
construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management
capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2505(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
(including transfer of funds)
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $60,551,000, to
remain available until expended; of which $31,610,000 shall
be available for implementation of enacted Indian land and
water claim settlements pursuant to Public Laws 101-618, 107-
331, and 102-575, and for implementation of other enacted
water rights settlements; and of which $18,817,000 shall be
available pursuant to Public Laws 99-264, 100-580, 106-425,
[[Page H6968]]
and 106-554; and of which $9,968,000 shall be available for
payment to the Quinault Indian Nation pursuant to the terms
of the North Boundary Settlement Agreement dated July 14,
2000, providing for the acquisition of perpetual conservation
easements from the Nation: Provided, That of the payment to
the Quinault Indian Nation, $4,968,000 shall be derived from
amounts provided under the heading ``United States Fish and
Wildlife Service, Land Acquisition'' in Public Law 108-7.
indian guaranteed loan program account
For the cost of guaranteed and insured loans, $5,797,000,
as authorized by the Indian Financing Act of 1974, as
amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$94,568,000.
In addition, for administrative expenses to carry out the
guaranteed and insured loan programs, $700,000.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program
account) shall be available for expenses of exhibits, and
purchase of not to exceed 229 passenger motor vehicles, of
which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations, or pooled overhead general administration (except
facilities operations and maintenance) shall be available for
tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the
United States and that tribe, or that tribe's ability to
access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452
et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996.
No funds available to the Bureau shall be used to support
expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the
Interior at each school in the Bureau school system as of
October 1, 1995. Funds made available under this Act may not
be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1146 of the
Education Amendments of 1978 (25 U.S.C. 2026)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$74,343,000, of which: (1) $68,022,000 shall be available
until expended for technical assistance, including
maintenance assistance, disaster assistance, insular
management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $6,321,000 shall be available for
salaries and expenses of the Office of Insular Affairs:
Provided, That all financial transactions of the territorial
and local governments herein provided for, including such
transactions of all agencies or instrumentalities established
or used by such governments, may be audited by the General
Accounting Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided further,
That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the
Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That of the amounts
provided for technical assistance, sufficient funds shall be
made available for a grant to the Pacific Basin Development
Council: Provided further, That of the amounts provided for
technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided
further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the
Marshall Islands as provided for in sections 221(a)(3),
221(b), 223, and 233 of the Compact of Free Association, and
for economic assistance and necessary expenses for the
Republic of Palau as provided for in sections 221(a)(2),
221(b), and 233 of the Compact of Free Association,
$16,354,000, to remain available until expended, as
authorized by Public Law 99-239 and Public Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of
the Interior, $79,027,000, of which not to exceed $8,500 may
be for official reception and representation expenses, and of
which up to $1,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States
Bureau of Mines: Provided, That none of the funds in this or
previous appropriations Acts may be used to establish any
additional reserves in the Working Capital account other than
the two authorized reserves without prior approval of the
House and Senate Committees on Appropriations.
Working Capital Fund
From unobligated balances under this heading, $20,000,000
are hereby cancelled.
Payments in Lieu of Taxes
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $225,000,000, of
which not to exceed $400,000 shall be available for
administrative expenses: Provided, That no payment shall be
made to otherwise eligible units of local government if the
computed amount of the payment is less than $100.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$50,374,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$39,049,000, of which $3,812,000 shall be for procurement by
contract of independent auditing services to audit the
consolidated Department of the Interior annual financial
statement and the annual financial statement of the
Department of the Interior bureaus and offices funded in this
Act.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $219,641,000, of which $75,000,000 shall be available
for historical accounting, to remain available until
expended: Provided, That funds for trust management
improvements and litigation support may, as needed, be
transferred to or merged with the Bureau of Indian Affairs,
``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the
Departmental Management, ``Salaries and Expenses'' account:
Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated
during fiscal year 2004, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of
law, the statute of limitations shall not commence to run on
any claim, including any claim in litigation pending on the
date of the enactment of this Act, concerning losses to or
mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an
[[Page H6969]]
accounting of such funds from which the beneficiary can
determine whether there has been a loss: Provided further,
That notwithstanding any other provision of law, the
Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that
has not had activity for at least 18 months and has a balance
of $1.00 or less: Provided further, That the Secretary shall
issue an annual account statement and maintain a record of
any such accounts and shall permit the balance in each such
account to be withdrawn upon the express written request of
the account holder: Provided further, That not to exceed
$50,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous payments
that are recovered shall be credited to and remain available
in this account for this purpose.
indian land consolidation
For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $20,980,000, to remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et
seq.), and Public Law 101-337, as amended (16 U.S.C. 19jj et
seq.), $5,633,000, to remain available until expended.
administrative provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That notwithstanding any other provision
of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the
purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds in
the ``Departmental Management'', ``Office of the Solicitor'',
and ``Office of Inspector General'' may be augmented through
the Working Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ``emergency requirements'' pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, such
reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire operations''
shall be exhausted within 30 days: Provided further, That all
funds used pursuant to this section are hereby designated by
Congress to be ``emergency requirements'' pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other
activity in the same manner as authorized by sections 1535
and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the
appropriation current at the time such reimbursements are
received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Annual appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of 12
months beginning at any time during the fiscal year.
Sec. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under
restriction in the President's moratorium statement of June
12, 1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and
the eastern Gulf of Mexico south of 26 degrees north latitude
and east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
oil and natural gas preleasing, leasing, and related
activities, on lands within the North Aleutian Basin planning
area.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer
Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
2002.
Sec. 110. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 111. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant
to the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) or the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.) may be invested by the
Indian tribe, tribal organization, or consortium before such
funds are expended for the purposes of the grant, compact, or
annual funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by
the United States, or mutual (or other) funds registered with
the Securities and Exchange Commission and which only invest
in obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
Sec. 112. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a
reduced entrance fee program to accommodate non-local travel
through a unit. The Secretary may provide for and regulate
local non-recreational passage through units of the National
Park System, allowing each unit to develop guidelines and
permits for such activity appropriate to that unit.
Sec. 113. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special
Trustee for American Indians and any available unobligated
balances from prior appropriations Acts made
[[Page H6970]]
under the same headings, shall be available for expenditure
or transfer for Indian trust management and reform
activities.
Sec. 114. A grazing permit or lease that expires (or is
transferred) during fiscal year 2004 shall be renewed under
section 402 of the Federal Land Policy and Management Act of
1976, as amended (43 U.S.C. 1752) or, if applicable, section
510 of the California Desert Protection Act (16 U.S.C.
410aaa-50). The terms and conditions contained in the
expiring permit or lease shall continue in effect under the
new permit or lease until such time as the Secretary of the
Interior completes processing of such permit or lease in
compliance with all applicable laws and regulations, at which
time such permit or lease may be canceled, suspended or
modified, in whole or in part, to meet the requirements of
such applicable laws and regulations. Nothing in this section
shall be deemed to alter the Secretary's statutory authority:
Provided, That any Federal lands included within the boundary
of Lake Roosevelt National Recreation Area, as designated by
the Secretary of the Interior on April 5, 1990 (Lake
Roosevelt Cooperative Management Agreement), that were
utilized as of March 31, 1997, for grazing purposes pursuant
to a permit issued by the National Park Service, the person
or persons so utilizing such lands as of March 31, 1997,
shall be entitled to renew said permit under such terms and
conditions as the Secretary may prescribe, for the lifetime
of the permittee or 20 years, whichever is less.
Sec. 115. Notwithstanding any other provision of law, for
the purpose of reducing the backlog of Indian probate cases
in the Department of the Interior, the hearing requirements
of chapter 10 of title 25, United States Code, are deemed
satisfied by a proceeding conducted by an Indian probate
judge, appointed by the Secretary without regard to the
provisions of title 5, United States Code, governing the
appointments in the competitive service, for such period of
time as the Secretary determines necessary: Provided, That
the basic pay of an Indian probate judge so appointed may be
fixed by the Secretary without regard to the provisions of
chapter 51, and subchapter III of chapter 53 of title 5,
United States Code, governing the classification and pay of
General Schedule employees, except that no such Indian
probate judge may be paid at a level which exceeds the
maximum rate payable for the highest grade of the General
Schedule, including locality pay.
Sec. 116. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2004. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
Sec. 117. Funds appropriated for the Bureau of Indian
Affairs for postsecondary schools for fiscal year 2004 shall
be allocated among the schools proportionate to the unmet
need of the schools as determined by the Postsecondary
Funding Formula adopted by the Office of Indian Education
Programs.
Sec. 118. (a) The Secretary of the Interior shall take such
action as may be necessary to ensure that the lands
comprising the Huron Cemetery in Kansas City, Kansas (as
described in section 123 of Public Law 106-291) are used only
in accordance with this section.
(b) The lands of the Huron Cemetery shall be used only: (1)
for religious and cultural uses that are compatible with the
use of the lands as a cemetery; and (2) as a burial ground.
Sec. 119. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
Sec. 120. Notwithstanding other provisions of law, the
National Park Service may authorize, through cooperative
agreement, the Golden Gate National Parks Association to
provide fee-based education, interpretive and visitor service
functions within the Crissy Field and Fort Point areas of the
Presidio.
Sec. 121. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or
seedlings including those collected in fiscal year 2003, may
be credited to the appropriation from which funds were
expended to acquire or grow the seeds or seedlings and are
available without fiscal year limitation.
Sec. 122. White River Oil Shale Mine, Utah. Sale.--Subject
to the terms and conditions of section 126 of the Department
of the Interior and Related Agencies Act, 2002, the
Administrator of General Services shall sell all right,
title, and interest of the United States in and to the
improvements and equipment of the White River Oil Shale Mine.
Sec. 123. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon
and Hart National Wildlife Refuges for the purpose of
capturing and transporting horses and burros. The provisions
of subsection (a) of the Act of September 8, 1959 (18 U.S.C.
47(a)) shall not be applicable to such use. Such use shall be
in accordance with humane procedures prescribed by the
Secretary.
Sec. 124. Funds provided in this Act for Federal land
acquisition by the National Park Service for Shenandoah
Valley Battlefields National Historic District, and Ice Age
National Scenic Trail may be used for a grant to a State, a
local government, or any other governmental land management
entity for the acquisition of lands without regard to any
restriction on the use of Federal land acquisition funds
provided through the Land and Water Conservation Fund Act of
1965 as amended.
Sec. 125. None of the funds made available by this Act may
be obligated or expended by the National Park Service to
enter into or implement a concession contract which permits
or requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
Sec. 126. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of
such bridge, when such pedestrian use is consistent with
generally accepted safety standards.
Sec. 127. None of the funds made available in this or any
other Act for any fiscal year may be used to designate, or to
post any sign designating, any portion of Canaveral National
Seashore in Brevard County, Florida, as a clothing-optional
area or as an area in which public nudity is permitted, if
such designation would be contrary to county ordinance.
Sec. 128. None of the funds in this or any other Act can be
used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United
States District Court for the District of Columbia in the
Cobell v. Norton litigation at an annual rate that exceeds
200 percent of the highest Senior Executive Service rate of
pay for the Washington-Baltimore locality pay area.
Sec. 129. The Secretary of the Interior may use
discretionary funds to pay private attorneys fees and costs
for employees and former employees of the Department of the
Interior reasonably incurred in connection with Cobell v.
Norton to the extent that such fees and costs are not paid by
the Department of Justice or by private insurance. In no case
shall the Secretary make payments under this section that
would result in payment of hourly fees in excess of the
highest hourly rate approved by the District Court for the
District of Columbia for counsel in Cobell v. Norton.
Sec. 130. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from Federally operated or
Federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
Sec. 131. Such sums as may be necessary from ``Departmental
Management, Salaries and Expenses'', may be transferred to
``United States Fish and Wildlife Service, Resource
Management'' for operational needs at the Midway Atoll
National Wildlife Refuge airport.
Sec. 132. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study
or implement any plan to drain Lake Powell or to reduce the
water level of the lake below the range of water levels
required for the operation of the Glen Canyon Dam.
Sec. 133. Section 122 of division F of Public Law 108-7 is
amended as follows:
(a) Paragraph 122(a)(4) is amended to read--
``(4) Tribally controlled school.--The term `tribally
controlled school' means a school that currently receives a
grant under the Tribally Controlled Schools Act of 1988, as
amended (25 U.S.C. 2501 et seq.) or is determined by the
Secretary to meet the eligibility criteria of section 5205 of
the Tribally Controlled Schools Act of 1988, as amended (25
U.S.C. 2504).''.
(b) Paragraph 122(b)(1) is amended by striking the second
sentence and inserting: ``The Secretary shall ensure that
applications for funding to replace schools currently
receiving funding for facility operation and maintenance from
the Bureau of Indian Affairs receive the highest priority for
grants under this section. Among such applications, the
Secretary shall give priority to applications of Indian
tribes that agree to fund all future facility operation and
maintenance costs of the tribally controlled school funded
under the demonstration program from other than Federal
funds.''.
(c) Subsection (c) is amended by inserting after ``Effect
of Grant.--'' the following: ``(1) Except as provided in
paragraph (2) of this subsection,'' and is further amended by
adding the following new paragraph:
``(2) A tribe receiving a grant for construction of a
tribally controlled school under this section shall not be
eligible to receive funding from the Bureau of Indian Affairs
for that school for education operations or facility
operation and maintenance if the school that was not at the
time of the grant: (i) a school receiving funding for
education operations or facility operation and maintenance
[[Page H6971]]
under the Tribally Controlled Schools Act or the Indian Self-
Determination and Education Assistance Act or (ii) a school
operated by the Bureau of Indian Affairs.''.
Sec. 134. The Secretary of the Interior shall within 180
days of the enactment of this Act submit to the House and
Senate Committees on Appropriations a report that describes
the condition and adequacy of educational facilities
available to the Eastern Band of Cherokee Indians, the
availability of lands necessary for the construction of any
necessary new or replacement education facilities, and the
impacts that construction of such facilities might have on
natural, cultural, and other resources present within the
Great Smoky Mountains National Park and the Blue Ridge
Parkway. The report shall specifically address the resource
implications of the land exchange described in H.R. 1409,
``The Eastern Band of Cherokee Indians Land Exchange Act of
2002'' as introduced in the 108th Congress. The Secretary
shall consult with the Eastern Band of Cherokee Indians in
preparing the report.
land exchange, world war i national memorial, mojave national preserve
Sec. 135. (a) Exchange Required.--In exchange for the
private property described in subsection (b), the Secretary
of the Interior shall convey to the Veterans Home of
California-Barstow, Veterans of Foreign Wars Post #385E (in
this section referred to as the ``recipient''), all right,
title, and interest of the United States in and to a parcel
of real property consisting of approximately one acre in the
Mojave National Preserve and designated (by section 8137 of
the Department of Defense Appropriations Act, 2002 (Public
Law 101-117; 115 Stat. 2278)) as a national memorial
commemorating United States participation in World War I and
honoring the American veterans of that war. Notwithstanding
the conveyance of the property under this subsection, the
Secretary shall continue to carry out the responsibilities of
the Secretary under such section 8137.
(b) Consideration.--As consideration for the property to be
conveyed by the Secretary under subsection (a), Mr. and Mrs.
Henry Sandoz of Mountain Pass, California, have agreed to
convey to the Secretary a parcel of real property consisting
of approximately five acres, identified as parcel APN 569-
051-44, and located in the west \1/2\ of the northeast \1/4\
of the northwest \1/4\ of the northwest \1/4\ of section 11,
township 14 north, range 15 east, San Bernardino base and
meridian.
(c) Equal Value Exchange; Appraisal.--The values of the
properties to be exchanged under this section shall be equal
or equalized as provided in subsection (d). The value of the
properties shall be determined through an appraisal performed
by a qualified appraiser in conformance with the Uniform
Appraisal Standards for Federal Land Acquisitions (Department
of Justice, December 2000).
(d) Cash Equalization.--Any difference in the value of the
properties to be exchanged under this section shall be
equalized through the making of a cash equalization payment.
The Secretary shall deposit any cash equalization payment
received by the Secretary under this subsection in the Land
and Water Conservation Fund.
(e) Reversionary Clause.--The conveyance under subsection
(a) shall be subject to the condition that the recipient
maintain the conveyed property as a memorial commemorating
United States participation in World War I and honoring the
American veterans of that war. If the Secretary determines
that the conveyed property is no longer being maintained as a
war memorial, the property shall revert to the ownership of
the United States.
(f) Boundary Adjustment; Administration of Acquired Land.--
The boundaries of the Mojave National Preserve shall be
adjusted to reflect the land exchange required by this
section. The property acquired by the Secretary under this
section shall become part of the Mojave National Preserve and
be administered in accordance with the laws, rules, and
regulations generally applicable to the Mojave National
Preserve.
Blue ridge national heritage area
Sec. 136. (a) Short Title.--This section may be cited as
the ``Blue Ridge National Heritage Area Act of 2003''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that:
(A) The Blue Ridge Mountains and the extensive cultural and
natural resources of the Blue Ridge Mountains have played a
significant role in the history of the United States and the
State of North Carolina.
(B) Archaeological evidence indicates that the Blue Ridge
Mountains have been inhabited by humans since the last
retreat of the glaciers, with the Native Americans living in
the area at the time of European discovery being primarily of
Cherokee descent.
(C) The Blue Ridge Mountains of western North Carolina,
including the Great Smoky Mountains, played a unique and
significant role in the establishment and development of the
culture of the United States through several distinct
legacies, including--
(i) the craft heritage that--
(I) was first influenced by the Cherokee Indians;
(II) was the origin of the traditional craft movement
starting in 1900 and the contemporary craft movement starting
in the 1940's; and
(III) is carried out by over 4,000 craftspeople in the Blue
Ridge Mountains of western North Carolina, the third largest
concentration of such people in the United States;
(ii) a musical heritage comprised of distinctive
instrumental and vocal traditions that--
(I) includes stringband music, bluegrass, ballad singing,
blues, and sacred music;
(II) has received national recognition; and
(III) has made the region one of the richest repositories
of traditional music and folklife in the United States;
(iii) the Cherokee heritage--
(I) dating back thousands of years; and
(II) offering--
(aa) nationally significant cultural traditions practiced
by the Eastern Band of Cherokee Indians;
(bb) authentic tradition bearers;
(cc) historic sites; and
(dd) historically important collections of Cherokee
artifacts; and
(iv) the agricultural heritage established by the Cherokee
Indians, including medicinal and ceremonial food crops,
combined with the historic European patterns of raising
livestock, culminating in the largest number of specialty
crop farms in North Carolina.
(D) The artifacts and structures associated with those
legacies are unusually well-preserved.
(E) The Blue Ridge Mountains are recognized as having one
of the richest collections of historical resources in North
America.
(F) The history and cultural heritage of the Blue Ridge
Mountains are shared with the States of Virginia, Tennessee,
and Georgia.
(G) there are significant cultural, economic, and
educational benefits in celebrating and promoting this mutual
heritage.
(H) according to the 2002 reports entitled ``The Blue Ridge
Heritage and Cultural Partnership'' and ``Western North
Carolina National Heritage Area Feasibility Study and Plan'',
the Blue Ridge Mountains contain numerous resources that are
of outstanding importance to the history of the United
States.
(I) it is in the interest of the United States to preserve
and interpret the cultural and historical resources of the
Blue Ridge Mountains for the education and benefit of present
and future generations.
(2) Purpose.--The purpose of this section is to foster a
close working relationship with, and to assist, all levels of
government, the private sector, and local communities in the
State in managing, preserving, protecting, and interpreting
the cultural, historical, and natural resources of the
Heritage Area while continuing to develop economic
opportunities.
(c) Definitions.--
(1) In this section:
(A) Heritage area.--The term ``Heritage Area'' means the
Blue Ridge National Heritage Area established by subsection
(d).
(B) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated
by subsection (d)(3).
(C) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area approved under
subsection (e).
(D) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(E) State.--The term ``State'' means the State of North
Carolina.
(d) Blue Ridge National Heritage Area.--
(1) Establishment.--There is established the Blue Ridge
National Heritage Area in the State.
(2) Boundaries.--The Heritage Area shall consist of the
counties of Alleghany, Ashe, Avery, Buncombe, Burke,
Caldwell, Cherokee, Clay, Graham, Haywood, Henderson,
Jackson, McDowell, Macon, Madison, Mitchell, Polk,
Rutherford, Surry, Swain, Transylvania, Watauga, Wilkes,
Yadkin, and Yancey in the State.
(3) Management entity.--
(A) In general.--As a condition of the receipt of funds
made available under subsection (i), the Blue Ridge National
Heritage Area Partnership shall be the management entity for
the Heritage Area.
(B) Board of directors.--
(i) Composition.--The management entity shall be governed
by a board of directors composed of 9 members, of whom--
(I) 2 members shall be appointed by AdvantageWest;
(II) 2 members shall be appointed by HandMade In America,
Inc.;
(III) 1 member shall be appointed by the Education Research
Consortium of Western North Carolina;
(IV) 1 member shall be appointed by the Eastern Band of the
Cherokee Indians; and
(V) 3 members shall be appointed by the Governor of North
Carolina and shall--
(aa) reside in geographically diverse regions of the
Heritage Area;
(bb) be a representative of State or local governments or
the private sector; and
(cc) have knowledge of tourism, economic and community
development, regional planning, historic preservation,
cultural or natural resources development, regional planning,
conservation, recreational services, education, or museum
services.
(e) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this section, the management entity shall submit
to the Secretary for approval a management plan for the
Heritage Area.
(2) Consideration of other plans and actions.--In
developing the management plan, the management entity shall--
[[Page H6972]]
(A) for the purpose of presenting a unified preservation
and interpretation plan, take into consideration Federal,
State, and local plans; and
(B) provide for the participation of residents, public
agencies, and private organizations in the Heritage Area.
(3) Contents.--The management plan shall--
(A) present comprehensive recommendations and strategies
for the conservation, funding, management, and development of
the Heritage Area;
(B) identify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area; and
(C) include--
(i) an inventory of the cultural, historical, natural, and
recreational resources of the Heritage Area, including a list
of property that--
(I) relates to the purposes of the Heritage Area; and
(II) should be conserved, restored, managed, developed, or
maintained because of the significance of the property;
(ii) a program of strategies and actions for the
implementation of the management plan that identifies the
roles of agencies and organizations that are involved in the
implementation of the management plan;
(iii) an interpretive and educational plan for the Heritage
Area;
(iv) a recommendation of policies for resource management
and protection that develop intergovernmental cooperative
agreements to manage and protect the cultural, historical,
natural, and recreational resources of the Heritage Area; and
(v) an analysis of ways in which Federal, State, and local
programs may best be coordinated to promote the purposes of
this section.
(4) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date described in
paragraph (1), the Secretary shall not provide any additional
funding under this section until a management plan is
submitted to the Secretary.
(5) Approval or disapproval of management plan.--
(A) In general.--Not later than 90 days after receiving the
management plan submitted under paragraph (1), the Secretary
shall approve or disapprove the management plan.
(B) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether the
management plan--
(i) has strong local support from landowners, business
interests, nonprofit organizations, and governments in the
Heritage Area; and
(ii) has a high potential for effective partnership
mechanisms.
(C) Action following disapproval.--If the Secretary
disapproves a management plan under subparagraph (A), the
Secretary shall--
(i) advise the management entity in writing of the reasons
for the disapproval;
(ii) make recommendations for revisions to the management
plan; and
(iii) allow the management entity to submit to the
Secretary revisions to the management plan.
(D) Deadline for approval of revision.--Not later than 60
days after the date on which a revision is submitted under
subparagraph (C)(iii), the Secretary shall approve or
disapprove the proposed revision.
(6) Amendment of approved management plan.--
(A) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(i) review the management plan; and
(ii) submit to the Secretary, for review and approval, the
recommendation of the management entity for any amendments to
the management plan.
(B) Use of funds.--No funds made available under subsection
(i) shall be used to implement any amendment proposed by the
management entity under subparagraph (A) until the Secretary
approves the amendment.
(f) Authorities and Duties of the Management Entity.--
(1) Authorities.--For the purposes of developing and
implementing the management plan, the management entity may
use funds made available under subsection (i) to--
(A) make grants to, and enter into cooperative agreements
with, the State (including a political subdivision),
nonprofit organizations, or persons;
(B) hire and compensate staff; and
(C) enter into contracts for goods and services.
(2) Duties.--In addition to developing the management plan,
the management entity shall--
(A) develop and implement the management plan while
considering the interests of diverse units of government,
businesses, private property owners, and nonprofit groups in
the Heritage Area;
(B) conduct public meetings in the Heritage Area at least
semiannually on the development and implementation of the
management plan;
(C) give priority to the implementation of actions, goals,
and strategies in the management plan, including providing
assistance to units of government, nonprofit organizations,
and persons in--
(i) carrying out the programs that protect resources in the
Heritage Area;
(ii) encouraging economic viability in the Heritage Area in
accordance with the goals of the management plan;
(iii) establishing and maintaining interpretive exhibits in
the Heritage Area;
(iv) developing recreational and educational opportunities
in the Heritage Area; and
(v) increasing public awareness of and appreciation for the
cultural, historical, and natural resources of the Heritage
Area; and
(D) for any fiscal year for which Federal funds are
received under subsection (i)--
(i) submit to the Secretary a report that describes, for
the fiscal year--
(I) the accomplishments of the management entity;
(II) the expenses and income of the management entity; and
(III) each entity to which a grant was made;
(ii) make available for audit by Congress, the Secretary,
and appropriate units of government, all records relating to
the expenditure of funds and any matching funds; and
(iii) require, for all agreements authorizing expenditure
of Federal funds by any entity, that the receiving entity
make available for audit all records relating to the
expenditure of funds.
(3) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds received under
subsection (i) to acquire real property or an interest in
real property.
(g) Technical and Financial Assistance.--
(1) In general.--The Secretary may provide to the
management entity technical assistance and, subject to the
availability of appropriations, financial assistance, for use
in developing and implementing the management plan.
(2) Priority for assistance.--In providing assistance under
subsection (a), the Secretary shall give priority to actions
that facilitate--
(A) the preservation of the significant cultural,
historical, natural, and recreational resources of the
Heritage Area; and
(B) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources of the Heritage Area.
(h) Land Use Regulation.--
(1) In general.--Nothing in this section--
(A) grants any power of zoning or land use to the
management entity; or
(B) modifies, enlarges, or diminishes any authority of the
Federal Government or any State or local government to
regulate any use of land under any law (including
regulations).
(2) Private property.--Nothing in this section--
(A) abridges the rights of any person with respect to
private property;
(B) affects the authority of the State or local government
with respect to private property; or
(C) imposes any additional burden on any property owner.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 shall be made available for any fiscal year.
(2) Non-federal share.--The non-Federal share of the cost
of any activities carried out using Federal funds made
available under subsection (a) shall be not less than 50
percent.
(j) Termination of Authority.--The authority of the
Secretary to provide assistance under this section terminates
on the date that is 15 years after the date of enactment of
this section.
Expedited procedures for indian trust accounting
Sec. 137. (a) In General.--Notwithstanding any other
provision of law, any claim against the United States arising
out of any obligation of the United States or any of its
agencies or officials relating to the conduct of an
accounting, or the balance of, any individual Indian money
account arising prior to December 31, 2000 shall be governed
by the provisions of this section.
(b) Statistical Sampling.--Not later than one year
following the date of enactment of this Act, the Secretary
shall formulate a statistical sampling evaluation to assess
the administration of individual Indian money accounts for
those accounts that were open as of December 31, 2000, and
all individual Indian money accounts that were open as of
October 25, 1994, or opened thereafter but closed as of
December 31, 2000. The statistical sampling evaluation
described in this subsection shall be conducted in a manner
the Secretary deems feasible and appropriate given the
availability of records, data, and other historic
information, and shall estimate, so as to achieve a ninety-
eight percent confidence level, the rate of past accounting
error, if any, for each group or categories of individual
Indian money accounts. The Secretary shall complete a
statistical sampling evaluation covering all subject accounts
within four years of the date of enactment of this Act.
(c) Certification.--Upon completion of a statistical
sampling evaluation for a category or group of individual
Indian money accounts, the Secretary shall certify completion
of the evaluation and publish such certification in the
Federal Register.
(d) Adjustment of Accounts.--
[[Page H6973]]
(1) Within 180 days following any certification under
subsection (c), the Secretary shall adjust any individual
Indian money accounts covered by that certification. The
Secretary shall base such adjustment on application of the
error rate, if any, determined by the statistical sampling to
the average transaction amount for transactions in an
account. In addition, the Secretary may also consider any
factual information regarding the particular account at issue
in adjusting the account.
(2) Amounts necessary for adjustments to individual Indian
money accounts shall be derived from the claims and judgment
appropriation provided by 31 U.S.C. 1304 in the same manner
as payment of judgments received by the Court of Federal
Claims under 28 U.S.C. 2414.
(e) No Downward Adjustment.--The Secretary may consider
both positive and negative errors in estimating a rate of
past accounting error, but in no event shall the Secretary
adjust the balance of an account downward under this Act. In
the event that the Secretary determines that the rate of past
accounting error for an account is zero or negative, the
Secretary shall make an adjustment of zero to that account.
Such a zero adjustment shall constitute an ``adjustment'' as
defined in this section.
(f) Judicial Review.--
(1) Notwithstanding any other provision of law, judicial
review of, or judicial relief with respect to, any action of
the United States or any of its agencies or officials in
carrying out the provisions of this section shall be made
solely in accordance with this subsection.
(2) Judicial review of any agency action related to an
individual Indian money account performed pursuant to this
section may be had only by the filing of a petition for
review in the United States Court of Appeals for the District
of Columbia no later than 60 days after the Secretary's
adjustment of an account. Such review shall be conducted in
accordance with chapter 7 of part I of title 5, United States
Code (5 U.S.C. 701, et seq.).
(3) Except to the extent, if any, that review may be
required by the Constitution of the United States, no court
shall have jurisdiction to review, grant, or enforce any
relief with respect to any action of the United States or any
of its agencies or officials in carrying out any obligation
described in subsection (a) other than pursuant to paragraph
(2). The provisions of this paragraph shall apply to any
litigation filed before, on, or after the date of enactment
of this section.
(g) Account Balances.--The balance of any account as
determined under this Act, including judicial review in
accordance with subsection (f), shall conclusively constitute
the new balance of the account as of December 31, 2000, and
shall not be subject to any further adjustment based upon
events or occurrences prior to that date.
(h) Voluntary Settlement of Claims.--Prior to commencing
the statistical evaluation provided in subsection (b), the
Secretary may, at the Secretary's discretion, resolve any
claim or group of claims described in subsection (a) through
voluntary settlement with any holder or holders of individual
Indian money accounts. Such voluntary settlement shall be
paid from the claims and judgment appropriation as provided
in subsection (d) and shall conclusively resolve claims under
subsection (a). The holder of the account who settles shall
not be entitled to any further adjustment under this section.
(i) Regulations.--The Secretary may adopt such regulations,
as the Secretary deems necessary to implement this section.
(j) Report to Congress.--The Secretary shall report to the
House and Senate Committees on Appropriations, the House
Committee on Resources, and the Senate Committee on Indian
Affairs regarding the progress of statistical sampling
evaluations at least once every calendar year until the
Secretary has adjusted all accounts covered by this Act.
(k) Definitions.--As used in this Act:
(1) The term ``statistical sampling evaluation'' means an
analysis of a selected statistically appropriate sample drawn
from a group or groups of transactions or other data.
(2) The term ``individual Indian money accounts'' means
account balances for funds held in trust by the United States
for the benefit of an individual Indian which are deposited
or invested pursuant to the Act of June 24, 1938 (25 U.S.C.
162a), but shall not include accounts classified by the
Secretary as Special Deposit, Judgment, or Per Capita
accounts.
(3) The term ``adjust'' means to revise the balance of the
account pursuant to this Act.
(4) The term ``Secretary'' means the Secretary of the
Interior.
Sec. 138. None of the funds in this or any other Act may be
used by the Department of the Interior to support the Klamath
Fishery Management Council.
Sec. 139. Notwithstanding any other provision of law, the
United States Fish and Wildlife Service, heretofore and
hereafter, may use funds for incidental expenses related to
encouraging public participation in Service programs, and may
use up to $2,000,000 per year for contracts for employment-
related legal services.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $267,230,000, to remain available until
expended: Provided, That of the funds provided, $49,428,000
is for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry,
and education and land conservation activities and conducting
an international program as authorized, $290,758,000, to
remain available until expended, as authorized by law:
Provided, That none of the funds provided under this heading
for the acquisition of lands or interests in lands shall be
available until the Forest Service notifies the House
Committee on Appropriations and the Senate Committee on
Appropriations, in writing, of specific contractual and grant
details including the non-Federal cost share of each project,
related to the acquisition of lands or interests in lands to
be undertaken with such funds: Provided further, That each
forest legacy grant shall be for a specific project or set of
specific tasks: Provided further, That grants for acquisition
of lands or conservation easements shall require that the
State demonstrates that 25 percent of the total value of the
project is comprised of a non-Federal cost share.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,400,792,000, to
remain available until expended, which shall include 50
percent of all moneys received during prior fiscal years as
fees collected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the Act
(16 U.S.C. 460l-6a(i)): Provided, That unobligated balances
available at the start of fiscal year 2004 shall be displayed
by budget line item in the fiscal year 2005 budget
justification: Provided further, That the Secretary may
authorize the expenditure or transfer of such sums as
necessary to the Department of the Interior, Bureau of Land
Management, for removal, preparation, and adoption of excess
wild horses and burros from National Forest System lands and
for the performance of cadastral surveys to designate the
boundaries of such lands.
For an additional amount to reimburse the Judgment Fund as
required by 41 U.S.C. 612(c) for judgment liabilities
previously incurred, $188,405,000.
points of order
The CHAIRMAN. Are there any points of order?
Mr. POMBO. Mr. Chairman, I make a point of order against section 139
of the bill found on page 90, lines 4 through 9. This section clearly
violates clause 2(b) of rule XXI as it constitutes legislation on an
appropriations bill by changing existing law.
Section 139 permanently establishes an unlimited U.S. Fish and
Wildlife Service ``slush fund'' for expenses related to encouraging
public participation in Fish and Wildlife Service programs. The very
first sentence waives existing law regarding any current limitations
that the Service may have regarding these activities. For example,
existing volunteer and public participation in the National Wildlife
Refuge System is governed by the National Wildlife Refuge System
Volunteer and Community Partnership Enhancement Act of 1998.
The Service's use of administrative funds from other programs, such
as those authorized under the Pittman-Robertson Act, the African
Elephant Conservation Act, the Neo-Tropical Migratory Bird Conservation
Act, the Great Ape Conservation Act, and the Rhinoceros and Tiger
Conservation Act are also circumscribed in scope and funding levels.
Section 139 waives these limits and expands the uses of these funds.
Therefore, this language constitutes legislation on an appropriations
bill.
This fact was recognized by the Committee on Appropriations, which
lists this section in the report accompanying this bill under ``Changes
in Application of Existing Law'' on page 153. Therefore, I ask that the
Chair sustain my point of order.
The CHAIRMAN. Does any Member wish to be heard on the point of order?
Mr. TAYLOR of North Carolina. Mr. Chairman, I concede the point of
order.
The CHAIRMAN. The point of order is conceded and sustained, and
accordingly section 139 is stricken from the bill.
Does the gentleman from California have another point of order?
Mr. POMBO. Mr. Chairman, I make a point of order against section 137
of the bill, found at page 84, line 21, through page 89, line 24.
[[Page H6974]]
This section clearly violates clause 2(b) of rule XXI, as it
constitutes legislation on an appropriations bill. This six-page
section establishes a separate legal mechanism for the determination
and settlement of claims regarding individual Indian money accounts
maintained by the Department of the Interior as part of the Secretary
of the Interior's trust responsibilities for Native Americans. The
section requires the Secretary to formulate a statistical sampling
evaluation for individual Indian accounts opened during a certain time
frame.
This evaluation is to take place over 4 years, and the Secretary is
then required to publish a notice in the Federal Register certifying
the evaluation. The Secretary must then adjust certified accounts but
only for increases as a result of the evaluation. The Secretary is also
authorized to issue regulations to implement the section.
Finally, the section provides a judicial review mechanism for the
Secretary's actions taken under this section.
These are all new substantial duties on the part of the Secretary of
the Interior. The section mandates new expenditures to adjust
individual Indian accounts upwards.
In addition, the very first sentence of section 137 explicitly waives
existing law and regulations regarding these accounts. Therefore, the
section fails at least three tests for determining whether the
language constitutes legislation on an appropriations bill. This fact
was recognized by the Committee on Appropriations, which lists this
section in the report accompanying this bill under ``Changes in
Application of Existing Law'' on page 153.
I ask that the Chair sustain my point of order.
The CHAIRMAN. Does any Member wish to be heard on the point of order?
Mr. TAYLOR of North Carolina. Mr. Chairman, the gentleman raises a
legitimate point. The Indian trust settlement language is an
authorizing issue, but before I concede the point of order, let me
point out the rationale behind this important provision.
Last year, this House debated a provision limiting funding for the
historical accounting of the individual Indian money accounts. During
debate over this provision, both the majority and the minority members
of the authorizing committee assured us that legislation would be
developed forthwith to address the Indian trust issues. This did not
happen.
However, this year, the new chairman of the Committee on Resources,
which is the legislative committee of jurisdiction for Native American
issues, has held a hearing on this critical issue and has informed me
of his intention to develop legislation to resolve the Indian trust
issue this year. I am convinced that, without intervention by the
Congress, this issue will continue to drag on for years at the expense
of other important programs in the Interior bill.
The committee proposed what I believe is a prompt, fair and
reasonable resolution of these long-standing claims. To date, hundreds
of millions of dollars have been spent on lawyers and accountants and
not a single dollar has gone to Indian country.
Mr. Chairman, if this contentious litigation continues, we will be
forced to redirect resources away from Indian education, health,
wildlife, law enforcement and other important Indian programs.
Let me point out a few facts for Members to keep in mind as
legislation is developed to resolve this litigation. Of the
approximately 260,000 individual Indian accounts, 68 percent have
balances of less than $100. Thousands of accounts have less than $1 and
often less than one penny. Since 1909, a total of $13 billion has
flowed through these accounts, with the majority of the money deposited
after 1970. This is a far cry from the $137 billion claimed by the
litigants.
Today, there are 4 million different owners of the 10 million acres
of individually-owned trust lands, which makes the management of trust
assets very difficult. It is important that we finally tackle this
issue. I pledge my help in crafting a legislative solution.
The CHAIRMAN. Does the gentleman from Washington wish to be heard on
the point of order?
Mr. DICKS. Mr. Chairman, I want to be heard on the point of order.
I would just say that I, first of all, want to associate myself with
the remarks of the chairman. I think he has made very clear why the
committee felt it must do what it did do. I would also say to the new
chairman of the authorizing committee, it is time for action on this
issue. We can no longer let this slide or neglect or not bring this to
attention, because millions and millions of dollars are being wasted on
lawyers and accountants instead of going out for Indian health service
and all the other issues.
I concur with the chairman. We have to concede the point of order,
but I would urge the chairman, please do not let us down again this
year. We need action on this issue. I know the gentleman has taken
over, and I urge him to take action and get a settlement. We cannot let
this thing go on and on and on. I concede the point of order.
The CHAIRMAN. Does the gentleman from New Jersey wish to be heard on
the point of order?
Mr. PALLONE. Yes, Mr. Chairman.
The CHAIRMAN. The gentleman is recognized.
Mr. PALLONE. I spoke on this earlier on the rule.
I just wanted to say, first of all, I do commend the appropriations
chair and the ranking member for their concern about this issue. I know
that they are very concerned about it. I know they are legitimately
concerned about the cost if something is not done.
I also want to commend my chairman and indicate on a bipartisan basis
that Democrats as well as Republicans on the Committee on Resources are
very concerned about this issue and realize that it must be addressed.
To his credit, our new chairman, relatively new chairman, has
indicated very strongly as a result of the hearing that took place in
the Committee on Resources, I believe, last week that he is going to
take this up, that we are already looking at language to try to deal
with the issue and come up with legislation; and I think that members
of the Committee on Resources on a bipartisan basis are very much aware
of the fact that we must deal with it.
{time} 1845
And we will take that responsibility seriously. I know through the
Chair, and I just want to say on the part of the Democrats on the
committee, that if we agree with our chairman, it needs to be addressed
and also understand and appreciate the fact that the appropriators are
willing to let go on this at least for a while.
The CHAIRMAN. The point of order as conceded is sustained and
accordingly section 137 is stricken from the bill.
Are there any amendments to that portion of the bill that is open for
amendment?
Amendment Offered by Mr. Mario Diaz-Balart of Florida
Mr. MARIO DIAZ-BALART of Florida. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Mario Diaz-Balart of Florida:
Page 24, line 14, strike the colon and all that follows
through page 25, line 12, and insert the following:
: Provided further, That funds appropriated in this Act and
in any prior Acts for the purpose of implementing the
Modified Water Deliveries to Everglades National Park Project
shall be available for expenditure unless the Secretary of
the Interior, the Secretary of the Army, the Administrator of
the Environmental Protection Agency, and the Attorney General
file a joint report by September 30, 2003, and each year
thereafter until December 31, 2006, to the House and Senate
Committees on Appropriations, the House Committee on
Transportation and Infrastructure, the House Committee on
Resources and the Senate Committee on Environment and Public
Works, indicating that the water entering A.R.M. Loxahatchee
National Wildlife Refuge and Everglades National Park does
not meet all applicable State water quality standards and
numeric criteria adopted for phosphorus throughout A.R.M.
Loxahatchee National Wildlife Refuge and Everglades National
Park, as well as water quality requirements set forth in the
Consent Decree entered in United States v. South Florida
Water Management District, and that the House and Senate
Committees on Appropriations respond in writing disapproving
the further expenditure of funds.
Mr. MARIO DIAZ-BALART of Florida (during the reading). Mr. Chairman,
I ask unanimous consent that the amendment be considered as read and
printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
[[Page H6975]]
There was no objection.
Mr. MARIO DIAZ-BALART of Florida. Mr. Chairman, this amendment brings
funding authority back to Congress and ensures that major decisions
about funding Everglades restoration, which by the way happens to be
within the congressional district that I represent, that those
decisions are made by Congress and not by government bureaucracies.
Everglades National Park is one of our great Nation's greatest
national treasures, and current funding is critical to the future
restoration of that treasure. The current bill language, Mr. Chairman,
provides for a mandatory stoppage of funding based on water quality
reports issued by the Department of the Interior, the Environmental
Protection Agency, the Army Corps of Engineers, and the Attorney
General. This would empower Federal agencies to eliminate critical
funding without congressional review, Mr. Chairman.
Therefore I have offered this amendment with the gentleman from
Florida (Mr. Goss) to ensure that any possible changing of the funding
levels occurs through the constitutionally appropriate body, the House
Committee on Appropriations and the Senate Appropriations Committee,
not solely Federal agencies. This amendment eliminates the provision
that provided Federal agencies with that authority to automatically cut
funding based on their reports again without the legislative having any
input.
Mr. Chairman, I will continue to fight along with my other colleagues
for adequate funding for Everglades restoration, and we will work with
the State of Florida and the appropriate State and Federal agencies to
ensure that this critical restoration project receives the necessary
funds now and also in the future.
I would, Mr. Chairman, though, want to thank some people that have
worked with me on this: the gentleman from California (Chairman
Dreier); the gentleman from Florida (Mr. Goss), whom I already
mentioned; the gentleman from Florida (Mr. Lincoln Diaz-Balart); and
the gentleman from Florida (Chairman Young).
Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I think all of the House knows that this has been a
major issue for the State of Florida, for the United States of America.
The Everglades is a very unique ecological system that is not equal to
anywhere else in the world. It is important that we continue on the
agreements that were not easy to come by; but the partnership with the
State of Florida, the partnership with the Federal Government, and the
partnership with the courts, we have one responsibility, to provide for
the hydrological issues, the plumbing in effect, the flow of the water.
The State of Florida has a responsibility for the quality of the water.
We had a little setback. This might be mentioned later, a little
setback when the legislature changed some of their agreement, but
nevertheless I am prepared to accept this amendment and compliment the
gentleman for working very hard not only to support and protect the
Everglades program but to do it in such a way that Congress is
definitely more involved, and I think he has done a really good job.
This was not the original proposal that we had in the bill, but I think
this is an improvement.
I want to clarify for the record that we expect these Federal
agencies to submit a joint report every year on the extent to which the
State is or is not meeting all applicable State water quality standards
and numeric criteria adopted for phosphorus throughout Loxahatchee
National Wildlife Refuge and the Everglades National Park, as well as
water quality requirements set forth in the consent decree entered in
the United States v. South Florida Water Management District. The
submission of this report is not an option and must be done. And,
again, I compliment the gentleman. I support his amendment. We are
prepared to accept the amendment for the committee.
Mr. GOSS. Mr. Chairman, I move to strike the requisite number of
words.
I am pleased to associate myself with the remarks of the
distinguished gentleman from Florida (Mr. Young), chairman of the
Committee on Appropriations, and the remarks of the gentleman from
Florida (Mr. Mario Diaz-Balart), who is the author of this particular
amendment. And I want to thank them and so many other appropriators who
have assisted us in making this partnership stronger and better that
exists between the Federal Government and the State for a very
wonderful and unique purpose of restoration of our Everglades.
The gentleman from Florida (Mr. Mario Diaz-Balart) correctly said
that his district encompasses virtually all of the Everglades, and it
is clear the national interest of all of us is in the Everglades as
well. So it brought some interest together in what I think is a very
workable program by this amendment that will provide for the necessary
accountability, because the appropriators do have a responsibility for
how those dollars are spent and the State of course has responsibility
for their part of the partnership as well. We have had a good
partnership. It has been almost a decade. It has worked exceedingly
well, and I think it will continue to work well in the future.
As the gentleman from Florida (Chairman Young) said, there was a
little hiccup earlier this year when the Florida legislature, for
reasons that made sense to them at the time, took unilateral action.
After we reviewed the action, we felt that we needed to change the way
the partnership worked a little bit, and I believe the language herein
accomplishes that.
This language did just not happen overnight, as was suggested. The
gentleman from North Carolina (Chairman Taylor), the gentleman from
Ohio (Chairman Regula), another of the cardinals, the appropriators;
the gentleman from Florida (Chairman Young), the overall chairman of
the committee, dean of our delegation; the gentleman from Ohio
(Chairman Hobson) helped us; and the gentleman from Florida (Mr. Shaw),
chairman of our delegation. That is an awful lot of horsepower to bring
together, and this deserves that kind of horsepower. It is the right
answer. We are where we need to be, and I urge support for this
amendment.
Mr. DICKS. Mr. Chairman, I rise in support of the amendment.
I want to commend the delegation from Florida for working on this
issue. This has been something that I have personally taken an interest
in, gone down to Florida, seen the work on this incredible project, the
work of the Park Service and all of the Federal agencies. This is truly
a national environmental restoration objective, and many of us were
concerned who followed this issue about the actions of the Florida
legislature earlier this year; but I want to commend the gentleman from
Florida (Chairman Young) and the gentleman from Florida (Mr. Goss) and
the gentleman from Florida (Mr. Shaw) and the gentleman from Florida
(Mr. Mario Diaz-Balart), our new member, for the work they have done in
crafting this legislation. We even out in the West are concerned about
the Everglades, and we want to see them restored; and we want to see
the commitments kept between the State and Federal Government. We need
to go year by year, and I think the funding for this project depends on
moving the ball forward and keeping things moving in the right
direction. So I commend all of the work that has been done to
straighten this out, and we look forward to the first report.
Mr. REGULA. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in support of this compromise amendment, which I
believe will help ensure that the efforts of Congress to restore the
Everglades will be successful. In agreeing to the Comprehensive
Everglades Restoration Plan, the Federal Government and the State of
Florida made an $8 billion commitment, equally cost shared, to restore
this national treasure. Congress, on behalf of the American people, has
already committed $1 billion over the last 9 years toward this effort,
and throughout this process the subcommittee has maintained strong
oversight of the project to ensure that these funds are spent wisely
and true environmental restoration will be achieved.
Mr. Chairman, water quality is an absolute key to the success of this
restoration. If we fail to address water quality issues upfront, we
could potentially invest $20 billion of the taxpayers' dollars on a new
plumbing system that pours tainted water into the
[[Page H6976]]
Everglades, and that is of course why this compromise is vitally
important.
This amendment was crafted in response to the passage of a law in
Florida. It seeks to ensure that the State of Florida will not fail to
meet its water quality goals. It will put a string on the Federal
dollars that Congress has approved, tying them to compliance with
agreements the State has already made. Every year the Secretary of the
Interior, the Secretary of the Army, the Attorney General, and the EPA
administrator will have to file a joint report certifying that the
State of Florida is meeting its prior commitments to improve water
quality. If the report indicates that the State is failing to work
toward that goal, they have to take another look at the funding issue.
It is unfortunate that Congress has been put into a place that they
are requiring these new assurances. However, in order to ensure that
Federal funds are truly going towards our shared goal, and this is the
money of all the people in these United States and this is a treasure
that belongs to all the people, that the environmental restoration, we
have to condition their release on assurances that the State of Florida
is living up to agreements it has already made. Otherwise, we risk not
only wasting billions of taxpayer dollars but also further polluting
the Everglades. And I commend the gentleman from Florida for agreeing
to this amendment. I realize this is his district, but it is a treasure
of all the American people, and I would urge support of the amendment.
Mr. TAYLOR of North Carolina. Mr. Chairman, we have no objection to
the amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida (Mr. Mario Diaz-Balart).
The amendment was agreed to.
Amendment No. 10 Offered by Ms. Slaughter
Ms. SLAUGHTER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 10 offered by Ms. Slaughter:
Page 21, line 3, after the first dollar amount, insert
``(reduced by $6,000,000)''.
Page 47, line 6, after the dollar amount, insert ``(reduced
by $3,000,000)''.
Page 91, line 22, after the dollar amount, insert
``(reduced by $6,000,000)''.
Page 128, line 7, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 128, line 11, after the dollar amount, insert
``(increased $10,000,000)''.
Page 128, line 23, after the dollar amount, insert
``(increased by $5,000,000)''.
Ms. SLAUGHTER. Mr. Chairman, I rise to offer an amendment that by all
rights should provoke no argument from the body. Last year a strong
bipartisan majority voted for a modest increase for two Federal
agencies that provide critical support for the arts organizations and
its activities across the country. To keep the arts vibrant and
flourishing, 234 Members of Congress agreed that the National Endowment
for the Arts should receive a $10 million increase and that the
National Endowment for the Humanities should receive an increase of $5
million. It is indeed regrettable that in the fiscal year 2003 Omnibus
Appropriations bill, the will of the House was ignored and these
increases for both NEA and NEH were rejected.
Now the time has come to rectify that mistake. This amendment simply
restores the funding that the House agreed to last year. Meanwhile, I
want to remind my colleagues that these agencies remain well below the
funding level of a decade ago. As the chart clearly shows, in 1992 both
NEA and NEH received $176 million in funding. That is $60 million more
than NEA receives today and some $50 million more than NEH receives.
Yet a majority of this body also recognizes that the nonprofit, and I
emphasize nonprofit, arts industry has become an economic engine that
drives $134 billion into our national economy every year.
This chart, which shows a recent economic impact study conducted by
the Americans for the Arts, illustrates some very important figures.
The nonprofit arts industry is responsible for almost 5 million full-
time jobs, $89.4 billion in household income, $7.3 billion in State
government tax revenues, and $56.6 billion in local government tax
revenues.
{time} 1900
Here is the most impressive figure of all: The arts community
contributes $10.5 billion in Federal income tax revenues. So for the
very small amount of money that we put in, $10.5 billion comes back to
the Federal Treasury. The arts mean business. They mean big business
for every district in this country.
It is critical to remember that this funding will help build local
economies across America. NEA nurtures artistic excellence in every
corner of the country, as its grants flow to each of the 50 States and
to each of the 435 congressional districts. Because NEA requires State
and local arts agencies as well as private organizations to provide
matching funds, the process ensures that dollars will continue to flow
to the arts even during difficult economic times.
Now, a word about these difficult times, and we know that they are.
With our economic recovery stalled and the largest job loss in 20
years, one would think that people responsible for rebuilding State and
local economies would put fuel into this enormously successful arts
engine. But, unfortunately, that is not so. But the lesson for us is
obvious. In the era of declining State funds when corporate and
charitable giving is dangerously low, the money we provide will not
only safeguard the organizations but help them to spark our local
economies back into black ink. In fact, what the House should really do
is triple our funding for the arts, considering all of the money that
we get back and what it does for local governments. As it is, we are
only asking to restore the funding that the fiscal year 2003 conference
took away.
Give back the $10 million we voted for last year for NEA. It will be
used to expand the Challenge America grants to make the arts more
widely available in communities throughout the country.
The program has a special emphasis on extending the arts to the
underserved populations, those whose opportunities to experience the
arts are limited by geography, ethnicity, economics, or disability.
Give back the $5 million we voted last year for NEH. Along with the
$10 million increase provided by the Interior Committee on
Appropriations, it will be used to support the We the People initiative
which will advance the understanding of America's history, culture, and
civics, a thing we sorely need. The President has requested a total of
$100 million for We the People over the coming years, and this will be
just a small down payment on his request.
Please restore the funds we provided last year, and the rewards will
be boundless. I do not mean just economic rewards, although they are
incredible. I will not have enough time to talk about how the arts
contribute to the lives of every American citizen, how they enrich our
lives, spark our imagination, inspire our dreams, and calm our fears.
There is not time to discuss how much better our children learn to read
and write and add and subtract when the arts are part of the core
curriculum.
Let me just remind my colleagues that SAT scores go up some 57 parts,
just think of that, when art is part of a student's high school
experience. That is a cheap price. If we really want to leave no child
behind, we will send them all ahead with the arts leading their way.
Voting for this amendment is the right thing to do, and it is also
the smart thing to do. I urge my colleagues to vote for this amendment
cosponsored by my good friends, the gentleman from Connecticut (Mr.
Shays) and the gentleman from Iowa (Mr. Leach), and also by the ranking
member of the Committee on Appropriations Subcommittee on Interior and
Related Agencies, the gentleman from Washington (Mr. Dicks), who fights
very hard every single year. Please, please, vote yes on this
amendment.
Mr. TAYLOR of North Carolina. Mr. Chairman, I rise in opposition to
this amendment.
Mr. Chairman, the bill maintains the largest increases to NEA and NEH
since 2002 and provides small increases for fixed costs this year. We
also provide a $10 million increase for the NEH American History
initiative.
Mr. Chairman, this bill must take care of our huge responsibilities
for
[[Page H6977]]
managing Federal lands. Now, this amendment reduces administrative
costs, and I would remind my colleagues that over the past 10 years we
have reduced the number of personnel in departmental management by 40
percent. I would like to cut overhead further, but this amendment would
damage the government's ability to properly manage our lands and
programs.
This amendment would impair on-the-ground operations for
environmental protection and Indian programs. It would reduce the
Department's funding, including hearings and appeals in support for
Indian trust reform.
My committee is watching carefully the use of funding for travel and
other excessive administrative costs, and my colleagues can count on
our oversight, but this amendment will not help. The bill strikes a
fair balance between the needs of the arts and humanities programs and
our responsibility to land management, Indian programs, and industry
bills. I ask my colleagues to join me in opposition to the amendment.
Mr. NADLER. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in strong support of this much-deserved and
long-overdue increase for the National Endowment for the Arts and the
National Endowment for the Humanities.
For years, Mr. Chairman, we have been told by opponents of government
funding for the arts that the private sector could easily step in if
government funds were cut or flat-funded. That may have sounded
reasonable during the flush economy of the 1990s, but now, with the
economy mired in recession, we are seeing private sector support drying
up and nonprofit arts companies withering away.
Cities and States across the country faced with deep budget deficits
are being forced to cut their support for the arts as well, and it is
having real consequences for the arts organizations that rely on these
funds for their survival. That makes it even more critical that we
increase the Federal commitment to the arts today.
Funding for the arts is one of the best investments our government
makes. In purely economic terms, it generates a return that would make
any Wall Street investor jealous. For just a fraction of 1 percent of
the entire Federal budget, the NEA supports a thriving nonprofit arts
industry which generates more than $134 billion annually, nearly 5
million full-time jobs, and returns $10.5 billion in Federal taxes each
year.
With grants that touch every congressional district in the country,
the NEA supports educational programs that teach children valuable
lifelong skills, allows new and innovative art to find an audience,
helps bring the arts to underserved communities, enables organizations
to share their exhibitions and performances with the rest of the Nation
through national tours and, most important, provides crucial seed money
for organizations to leverage private donations.
Yet the NEA continues to suffer from the shortsighted decision by
this Congress to slash its funding back in 1996 after an attempt at its
outright elimination. The NEA has been forced to do more with far, far
less; and, despite consistent underfunding, it has been an efficient
and a productive agency. But we should at least restore the NEA to its
pre-1996 levels; and we should, in fact, be considering an increase
over that level, not simply the paltry funding it has had since then.
Only through increased public support can the arts continue to be as
vibrant as they are through the Nation.
The NEH, too, is a vital industry, but without additional funding the
important work of interpreting and preserving our Nation's heritage
will go unrealized. The NEH is at the forefront of preserving
endangered recordings of folk music, jazz and blues; bringing
Shakespeare to inner-city youth; promoting research into immigrant life
and culture; and helping disseminate this information into our
communities through technologies such as the Internet and CD-ROM.
The arts inspire us, challenge us, spark our creativity. They make us
think, laugh, and cry. The humanities teach us about ourselves and our
history and foster cultural understanding. We should be ashamed at the
tiny investment we make in such important activities.
Mr. Chairman, this amendment asks only to restore the funding level
that the House supported last year without any increase for inflation.
The level that we supported last year, but that was unfortunately
stripped during the conference. This is the very least we should do
today. I urge my colleagues to support this amendment and to vote
against any attempts to slash NEA funding that may be made by others.
Mr. BALLENGER. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, in the past we were upset by the actions of the NEA,
but that has changed completely to a very positive program, and with
congressional oversight.
Last year, the Congressional Arts Caucus sponsored an amendment to
increase funding of the NEA and the NEH. Even though the amendment was
bipartisan, it was dropped during conference. This year, the
Congressional Arts Caucus again wants to stress the importance of the
arts to our districts and call upon the House to increase the funding
for the National Endowment for the Arts by $10 million and the National
Endowment of the Humanities by $5 million.
According to a 2002 study of 3,000 local arts organizations across
America, the nonprofit arts industry generates $134 billion in economic
activity. That is for last year. This includes $24.4 billion in tax
revenue, which covers the costs many times over. Not only do
governments gain economically from the arts, but almost 5 million
Americans have full-time jobs in the arts industry.
In 2002, my congressional district received grants for NEA for both
the Penland School of Crafts and Lenoir-Rhyne College, contributing
greatly to the local communities in our lives.
Both the NEA and NEH have new programs with strong bipartisan support
that will not only enhance the two agencies but will also bring a new
understanding of American history and culture. Challenge America,
sponsored by the NEA, and We the People, sponsored by the NEH, will
both focus on educational outreach and promoting the best in arts and
art education that our communities have to offer.
We owe it to ourselves and to our neighbors to support this
amendment, and I urge my colleagues to vote yes on the Slaughter-Shays-
Dicks-Leach amendment.
Mrs. DAVIS of California. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, I join my distinguished colleagues once again in making
a strong plea for the high value that the arts and humanities bring to
the quality of our lives. Indeed, we must provide the level of support
contained in this amendment.
In San Diego, these funds have made significant contributions to a
whole range of small and large arts organizations, dance companies, and
museums, museums like the Museum of Photographic Arts, theater
companies like the San Diego Repertory Theater, as well as the
Playwrights Project, which supports budding writers.
Importantly, many grants have gone to provide outreach to new
audiences organized by the San Diego Opera Association and the San
Diego Performing Arts League.
Two humanity projects in San Diego are giving the opportunity to
young people to develop their oral history interviewing skills by
developing a record of some of our recent immigrant groups.
While we are a city proud of our existing museums, theaters, and
music and dance organizations, funds from the National Endowment for
the Arts and the National Endowment for the Humanities are essential to
extend the availability of these institutions to our young people.
Indeed, a review of recent grants reveals that the efforts emanating
from these resources enable the kinds of experiences that are so
important for an enlightened citizenry.
Mr. Chairman, we all join today to say how important these grants are
to our communities, and each and every one of us I know can point to a
number of projects, a number of opportunities that have been available
that would not be there were these grants not part of the NEH and the
NEA. So, today, I think all of us join in saying, let us do
[[Page H6978]]
what we can. Let us provide the funding that is essential to creating
the kind of environment and the kind of community that we all believe
in so dearly today.
Mr. LEACH. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, the debate about public funding of the arts is about
democracy, about the type of society we aspire to be and become. It is
about opportunity: the opportunity to witness artistic expression and
to create for oneself.
America today is a prosperous country. Poignantly, 70 years ago, when
we became enmeshed in the deepest depression in our history, the
Federal Government created a jobs program called the Works Project
Administration. My grandfather headed the WPA in Iowa and, as required
by statute, hired a Cedar Rapids native by the name of Grant Wood to
lead Iowa's WPA arts division. Because of the WPA, artists in Iowa and
across the Nation were given an opportunity to work in their chosen
fields and to advance their own and society's creative impulse.
I refer back to the WPA era because when our country dissolved into
social chaos, the arts brought a perspective of unity and courage.
Ironically, perhaps, to some, an American solidarity of spirit was
enhanced by artists who frequently highlighted social programs and who
just as frequently lampooned institutions of the State, including
political leaders.
These are more prosperous times, but just as with the WPA in the
1930s, government involvement in the arts today is designed to take the
arts from the grand citadel of the privileged and bring it to the
public at large. This democratization of the arts ennobles the American
experience.
Franklin Roosevelt once noted that, ``The arts cannot thrive except
when men are free to be themselves and to be in charge of the
discipline of their own energies and ardors.''
{time} 1915
A corollary to this Rooseveltian precept is self-evident freedom
itself is constrained if the arts are shackled. Americans need to be
appreciative, rather than fear, artistic expression. We must understand
that arts play an increasingly central role, particularly in education.
Of all the learning disciplines, they most thoroughly tap and expand
the human imagination. Without hesitation, therefore, we should be
supportive of the Federal commitment to arts programs.
Arts expression is an unquantifiable, but priceless, facet of our
society.
Ms. McCARTHY of Missouri. Mr. Chairman, I move to strike the
requisite number of words.
(Ms. McCARTHY of Missouri asked and was given permission to revise
and extend her remarks.)
Ms. McCARTHY of Missouri. Mr. Chairman, I rise in support of this
amendment.
Mr. Chairman, I rise today in support of the Slaughter-Shays-Dicks-
Leach Amendment to increase funding for the National Endowment for the
Arts (NEA) and National Endowment for the Humanities (NEH). These
endowment programs are vital to supporting the creation, preservation
and presentation of the arts and humanities in America. In my district
of Kansas City, Missouri, NEA and NEH grants have brought partnership
projects such as the Coterie Theater and the Friends of Alvin Ailey's
AileyCamp that help provide collaborative artist and youth activities
which have enriched the local economy and educational experiences of
our children.
Studies have demonstrated that reading and math scores improve with
participation in arts education classes. A U.S. Department of Justice
study found that arts education reduced student delinquency in San
Antonio by 13 percent and increased the communications skills of
students in Atlanta by 57 percent. Test Results from the College Board
have shown that college bound students involved in the arts and
humanities have higher overall SAT scores than other students.
There is no excuse for funding for the NEA at a level that is 30
percent below the 1994 level. Adopting the amendment before us would
increase funding by $10 million for NEA and $5 million for the NEH.
This would bring NEA and NEH funding to the level that the House
approved last year by a vote of 234-192, but was later stripped from
the bill in conference. I urge my colleagues to support this amendment.
Investment in the arts and humanities has proven to be an invaluable
contribution to American economy and the future success of our
children.
Ms. LEE. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I want to applaud our colleagues, the gentlewoman from
New York (Ms. Slaughter) and the gentleman from Connecticut (Mr.
Shays), co-chairs of the Arts Caucus, and their staff for their
leadership on this issue of national importance, and I rise today also
in strong support of this amendment.
Congress has the responsibility to provide adequate funding to the
National Endowment for the Humanities, which is the largest single
funder of humanities programs in our country; and the National
Endowment for the Arts, the infrastructure for private nonprofit and
Federal arts initiatives.
The current state of the economy has stifled private funding which
subsidizes many arts and humanities programs nationwide. The economic
downturn and our budget crisis is crippling arts initiatives in many,
many States, especially in my home State of California. For example, in
Oakland, one of the cities in my district, most of the arts education
programs are facing real extinction. The result is the gradual
disappearance of arts initiatives for people of all ages, ethnic
backgrounds, social and economic backgrounds.
In the vibrant, very diverse Ninth Congressional District of
California, this strikes a significant blow at the foundation of our
community.
It is imperative that we support funding for the NEH, which is at the
forefront of preservation of our historical and cultural heritage. For
more than 20 years, the NEH has supported efforts to stabilize
historical materials such as crumbling books, archives, newspapers,
sound recordings, films, photographs, and archeological and
ethnographic objects. These are treasures which will be lost forever.
Mr. Chairman, I wish you could listen to the stories of my
constituents in the Bay area. Art and music teachers have been laid
off. For example, Ms. Bonnie Noble, an art teacher at McClymonds High
School in Oakland, explained that students tend to take art courses to
escape the harsh reality of violence which has escalated with the
downfall of the economy. Already she has difficulty convincing students
to pursue arts in their postsecondary studies for fear that it will
distract them from securing a good job in an apparently vicious
competitive market.
Mr. Chairman, every year Members of Congress proudly exhibit the art
work of the winners of the Artistic Discovery Arts Competition from
their districts in the halls which provide the foundation of the United
States Capitol. It seems contradictory to cut funding to the programs
which support creativity in our community. We enjoy the fruits of their
works and witness the products of this young talent every time we walk
through the tunnel for a vote when we come over to this Capitol. Can
you imagine walking through those dreary tunnels with bare walls simply
because we refused to adequately fund arts and humanities programs and
there were no teachers left to instruct our students?
This amendment also provides funding for the NEA, which is an
investment in the economic growth of communities with grants reaching
every congressional district in the country. During the last 14 years,
the NEA has provided funding for over 123 programs in my district
alone, including the Berkley Symphony Orchestra, the Axis Dance
Company, and the East Bay Institute for Urban Arts and the Museum of
Children's Art.
Clearly, a vote against this amendment, which is endorsed by the
bipartisan Arts Caucus, is really an action against the vital thread
which sustains the pulse of American culture. I urge all Members to
support this amendment.
Mr. SHAYS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in strong support of this amendment to increase
funding for the National Endowment for the Arts and the National
Endowment for the Humanities. I support this very modest amendment and
know increased funding would have a positive impact by bringing arts to
underserved communities like our innercities and rural areas and by
encouraging more support for preserving and promoting our cultural
heritage, something all Americans should want to do.
[[Page H6979]]
Federal funding helps symphonies, theaters, musical productions,
ballet, and educational programs. I grew up in an arts family. My mom
and dad, both performing actors, met in the theater and I know the arts
make a significant contribution to all of our lives. The arts improve
the lives of so many people including children, the elderly and those
on limited budgets who might not otherwise have the opportunity to see
some very beautiful, spiritual, and enriching performances.
Federal funding helps enable talented individuals to pursue careers
in the arts. Besides the obvious cultural benefit, the economic impact
of the arts is real and impressive. I urge my colleagues to support
this amendment and increase funding for the NEA and NEH.
Mr. ANDREWS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in very strong support of the Slaughter
amendment. I appreciate the gentlewoman offering this bipartisan
amendment. One of the highlights for me of the last school year was
watching my 10-year-old daughter, Jackie, who took flute lessons for
the first time, excel in a school musical. At this hour as we speak, my
8-year-old daughter, Josie, is in a rehearsal for her role in community
theater for ``Man of La Mancha.''
The arts are an important part of our family, and we are a privileged
family to have that involvement. But without the NEA and the NEH, there
are many families in many corners of America who never experience the
delight of the arts. The NEA and the NEH are about the democratization
of arts in our country.
Now, I have heard four arguments against amendments like that of my
friend, the gentlewoman from New York (Ms. Slaughter). The first is it
is too expensive to fund the NEA and the NEH. That is incorrect. The
economic loss of withdrawal of support for the arts would be far
greater than the modest cost of this amendment. Jobs that are created
in tourism, in the hospitality industry, and directly through the arts
themselves generate tax revenues that more than offset the very modest
costs of this amendment.
The second argument I have heard against the arts is sometimes the
NEA or NEH funds a particular work of art that some Members here do not
like. Let me say for the record, I hope the NEA and NEH always fund
arts that some politicians find objectionable. That is the nature of
the artistic process. The power of the NEA and the NEH is its peer-
driven mechanism, where decisions are made by people in the arts in
consultation with their peers and not through the political process.
May it always be that way. I commend the gentlewoman from New York (Ms.
Slaughter) for maintaining that tradition.
The third argument that I hear is that this is an elitist segment of
the Federal budget, that by funding the arts we are somehow propagating
an elitism. The exact opposite is true. There are so many people in
urban and rural low-income areas around our country who would never get
the chance to experience the delight of a piece of theater by
Shakespeare, the grace of a ballet, the innate beauty of a painting or
sculpture were it not for the extension of the arts that was provided
by NEA and NEH. In my district at Camden, New Jersey, at the Leap
Charter School this summer there is a program in the arts in Greek
mythology and Greek drama for children, most of whom come from the very
lowest echelon on the economic ladder. But they are experiencing the
arts in a positive and creative way for the very first time.
Finally, we hear the argument that the amount of money is so modest
that it really does not do arts organizations much good and that
because there is so much money flowing into the coffers of arts
organizations, they do not really need the money. Mr. Chairman, anybody
who makes that argument has never been involved in a nonprofit arts
organization. They have never known that that extra $10,000 or that
extra $15,000 is make or break. It is the seed money that lets the
organization get started so it can generate ticket revenues, so it can
generate corporate and charitable contributions. It is the seed money
that gives rise to the possibility of all the other revenues.
In a country that spends over $2 trillion for its governance, this is
frankly an embarrassingly modest commitment to the arts and humanities.
It is wise. It is just, and it is one that should enjoy the bipartisan
support of this House. I urge the adoption of the amendment.
Mr. DAVIS of Illinois. Mr. Chairman, I move to strike the requisite
number of words.
Mr. Chairman, I rise in support of increased funding for the National
Endowment of Arts and the National Endowment for the Humanities. I
represent a district that is rich in diversity, rich in pluralism, rich
in people from different walks of life, different backgrounds. The
grant provided from the NEA and NEH provides opportunities for people
to better understand each other, to know what is going on with other
people, to know what is in their thoughts, minds and ideas. We are not
really talking about funding a program; we are talking about funding a
way of life, to help keep America the diverse, understanding,
pluralistic Nation that it is and to know what is happening in all
parts of our communities and with people from all walks of life.
As the country becomes more diverse and more pluralistic, it is
absolutely essential that we find ways to better acquaint each other
with cultural contributions, mores and folkways of different people
within our society. Although we recognize the economic plight of our
Nation, we know that inordinate resources must be devoted to anti-
terrorism and homeland security measures, but we also know that
education and the transference of understanding are necessary to
maintain and continue growth in our democracy.
Mr. Chairman, the need for understanding is so great that we do not
only pay attention to programs but we also have to keep the American
Dream alive and the thoughts and ideas continuously moving. We must
keep music, art, culture, and hope ever-present in our lives.
The Illinois Humanities Council and others like them throughout the
Nation do an outstanding job of dividing and allocating these
resources. They spread them around. And we get great mileage from the
meager resources that we expend. Therefore, Mr. Chairman, I would urge
my colleagues to vote in favor of increased funding for this great
program that allows our Nation to flourish within many cultures. Again,
it is not a program. It is keeping the doors of communication open and
crossfertilizing different ways of life. It is important. I would urge
its passage.
Ms. WOOLSEY. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in support of the gentlewoman from New York's
(Ms. Slaughter) and the gentleman from Connecticut's (Mr. Shays) NEA
amendment. Once again, the House of Representatives is considering an
interior appropriations bill that does not include such funding for the
National Endowment for the Arts and the National Endowment for the
Humanities.
Funding for the National Endowment for the Arts was cut drastically
in 1995 by more than 40 percent, and it has never returned to adequate
levels. This year the NEA and the NEH need our support more than ever
before. Private funding for the arts and the humanities has diminished
with the economic downturn, leaving valuable programs in jeopardy. We
know that the funding we invest in the NEA and the NEH provide a huge
economic return on our Federal investment both in dollars and in jobs.
The nonprofit arts industry generates $134 billion in economic
activity every year. It creates more than 4 million jobs and $10.5
billion in Federal tax revenue. Let me say that again: $10.5 billion in
Federal tax revenues. However, monetary reasons are not the only
argument for increasing NEA and NEH funding. In a recent study by the
Arts Education Partnership, a direct correlation was found between art
education, cognitive capacity, and the motivation to learn.
{time} 1930
Participation in the arts and humanities can also be a source of
pride and positive self-esteem. I have been a witness to this during my
district's congressional art competition. Students of all ages were
present and proudly displayed the objects of their hard work.
[[Page H6980]]
These young people gained more than praise. They gained self-respect, a
feeling they will carry in all of their endeavors.
In addition, NEA programs such as Challenge America are using art as
a means to bring communities together. Along with the United States
Department of Housing and Urban Development and the National Guild of
Community Schools, Challenge America has started a program that offers
arts instruction to children living in public housing.
When we deprive the NEA and NEH of the funds it needs, we deprive
this entire Nation of an active cultural community. We live in the
richest nation in the world, Mr. Chairman. We must not be the most
culturally impoverished.
The arts teach us to think. They encourage us to feel, to see in a
new way and to speak. They help us to grow.
The Slaughter-Shays amendment to increase funds for the National
Endowment for the Arts and the National Endowment for the Humanities is
a very small investment. It is an investment with a return as vast as
the imagination.
I urge my colleagues to support it.
Mr. HOLT. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I strongly support this bipartisan amendment to add the
much-needed funds to the National Endowment for the Arts and the
National Endowment for the Humanities. Our funding of the arts and
humanities in the United States is meager indeed. It could be much
greater. It should be much greater, but I would settle for at least the
increase in the gentlewoman from New York's (Ms. Slaughter) amendment.
The National Endowment for the Arts and the National Endowment for
the Humanities play crucial roles in American cultural life. We have
all heard over and over again of the benefits they bring to individuals
and communities, the National Endowment for the Arts and the NEH.
The funding of these institutions provide help to many organizations
beyond those that directly receive the NEA and NEH grants. As a former
teacher, I can tell my colleagues that arts education helps children be
better students and helps them learn critical thinking skills. This is
a long overdue and a modest funding increase to build programs that use
the strength of the arts and our Nation's cultural life to enhance
communities in every State and every county around America.
The arts and humanities are important for our growth and our well-
being. The arts and humanities are among the best investments that we
as a society can make. They help our children learn. They give the
elderly sustenance. They power economic development in regions that are
down and out. They tie our diverse society and country together.
The arts represent the future. The arts challenge us. The arts wake
us up. The arts help us learn who we are as a society and as
individuals.
Will the projects that would be sponsored by this increase in funding
help defend our country? Probably not, but they will make our country
more worth defending.
Mrs. CAPPS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, today it is my pleasure to join with my colleagues in
strong support of this critical amendment to increase funding for the
National Endowment for the Arts and the National Endowment for the
Humanities; and I thank my colleagues, the gentlewoman from New York
(Ms. Slaughter), the gentleman from Connecticut (Mr. Shays), the
gentleman from Washington (Mr. Dicks) and the gentleman from Iowa (Mr.
Leach), for their leadership on this amendment to the Interior
appropriations bill.
The arts are our cultural language. They bring our communities
together. They serve to define who we are as a people, as a society,
and they help us to link with other communities around the world our
cultural heritages and our vast resources of our diversity.
Both the NEA and the NEH broaden public access to the arts and the
humanities for all Americans. They improve the quality of our lives,
those of ourselves and our children and our families.
I have spent a good deal of my career in our public schools. I have
seen firsthand the positive impacts that arts have in our children's
education. The arts teach our children rhythm, design, creativity and
critical thinking skills. The arts have also been shown to deter
delinquent behavior of at-risk youth, to help dramatically improve the
academic performance, truancy rates and other critical skills, crucial
skills, among our young people.
Today's economy demands a workforce that can think and work
innovatively. Arts education provides a crucial part of those skills,
skills that are not learned in academics of other kinds, in college,
but in the child's elementary school class trip to the museum, art
projects, experience with musical instruments and all of the vast array
of art opportunities.
In my district on the central coast of California, students have been
exposed to the virtues of music, art, poetry and dance as a result of
NEA and NEH support through a grant, for example, to Art Resources
Transfer in New York. The Distribution to Underserved Communities
program places books on art and culture into public schools and
libraries free of charge. To help rebuild collections diminished from
budget cuts, local librarians choose from a long list of available
books, videos and interactive materials. The Laguna Middle School
Library in San Luis Obispo receives materials from this program, and
they are grateful for them.
A grant to the University of California at Santa Barbara supports a
partnership project of artist-led activities that provides positive
alternatives for youth. I have seen our young college students interact
with our elementary students in Santa Barbara, and it is a wonderful
sight to behold.
Through a partnership with the American Architectural Foundation in
Washington, D.C., the Mayor's Institute on City Design hosts a series
of symposiums attended by mayors, urban designers and developers. The
Institute is designed to provide mayors with new perspectives on
creative solutions to design issues in their communities. The mayor,
Marty Blum of Santa Barbara, participates in this program.
Finally, through a grant to California-based L.A. Theatre Works,
audio plays that serve the visually impaired are distributed to
libraries throughout the country. L.A. Theatre Works records in front
of live studio audiences and features classic and contemporary works,
for example, Arthur Miller's The Crucible and Zoot Suit by Luis Valdez.
L.A. Theatre Works distributes these audio recordings to the Buena High
School in Ventura, California.
These examples illustrate to me and to my constituents the value of
the dollars we appropriate here that are multiplied as they are
extended into partnerships throughout our country. I urge my colleagues
to vote for our children, to support the Slaughter-Shays-Dicks-Leach
amendment to strengthen both the NEA and the NEH.
I will include a document about the arts programs in my district at
this point in the Record.
Congressional District 22
A partnership grant to the California Arts Council in
Sacramento supports statewide programming in arts education,
cultural development, artistic preservation, increased access
to the arts in underserved areas, and funding for artists and
arts organizations throughout the state.
new cuyama
Through a grant to Art Resources Transfer in New York, the
Distribution to Underserved Communities program places books
on art and culture into public and school libraries free of
charge. To help rebuild collections diminished from budget
cuts, local librarians choose from a long list of available
books, videos and interactive materials. The Cuyama Valley
High School Library in New Cuyama receives materials from
this program.
san luis obispo
Through a grant to the Group I Acting Company in New York
City, a touring production of Mark Twain's comedy Pudd'nhead
Wilson is performed at the Performing Arts Center in San Luis
Obispo.
In partnership with regional arts organizations, the NEA
Regional Touring Program (RTP) support high-quality
performances and related educational activities in
communities across the country. As part of this program,
Elizabeth Streb and Company perform contemporary dance at
California Polytechnic State University in San Luis Obispo.
Through a grant to Art Resources Transfer in New York, the
Distribution to Underserved Communities program places books
on art and culture into public and school libraries free of
charge. To help rebuild collections diminished from budget
cuts, local librarians choose from a long list of available
[[Page H6981]]
books, videos and interactive materials. The Laguna Middle
School Library in San Luis Obispo receives materials from
this program.
santa barbara
A grant to the University of California at Santa Barbara
supports the post-production phase of Mary Anthony: A Life in
Modern Dance.
A grant to the University of California at Santa Barbara
supports a partnership project of artist-led activities that
provides positive alternatives for youth.
Through a grant to the Herbert F. Johnson Museum of Art at
Cornell University, the touring exhibition Byrdcliffe: An
American Arts and Crafts Colony celebrates the centennial of
Byrdcliffe, a colony founded as a center for artists and
craftsmen in Woodstock, NY, in 1902. The exhibition travels
to the Santa Barbara Museum of Art.
Through a grant to New York's Orpheus Chamber Orchestra,
the orchestra tours with guest artists Dawn Upshaw and
Richard Goode to national venues such as the Arlington
Theatre in Santa Barbara.
Through a grant to the Group I Acting Company in New York
City, a touring production of Mark Twain's comedy Pudd'nhead
Wilson is performed at Campbell Hall at the University of
California in Santa Barbara.
Through a grant to California-based L.A. Theatre Works,
audio plays that serve the visually impaired are distributed
to libraries throughout the country. L.A. Theatre Works
records in front of live studio audiences and features
classic and contemporary works (e.g., Arthur Miller's The
Crucible and Zoot Suit by Luis Valdez). L.A. Theatre Works
distributes these audio recordings to the Eastside Branch
Library in Santa Barbara.
In partnership with regional arts organizations, the NEA
Regional Touring Program (RTP) supports high-quality
performances and related educational activities in
communities across the country. As part of this program,
Anoushka Shankar performs Indian sitar music at University of
California in Santa Barbara.
Through a grant to the New England Foundation for the Arts
in Boston, the National Dance Project supports touring
performances of contemporary dance. As part of this project,
the Bill T. Jones/Arnie Zane Dance Company and the Orion
String Quartet perform at University of California in Santa
Barbara.
Through a grant to New York's Meet the Composer for its
Commissioning Music/USA program, composer Miles Green and
choreographer Elizabeth Streb present their new work Ripped
at the University of California in Santa Barbara.
Through a grant to Ballet Hispanico of New York, the
company travels on a nationwide tour. Known as the foremost
dance interpreter of Latino culture in the United States,
Ballet Hispanico's innovative repertory blends ballet and
ethnic dance forms into a spirited image of contemporary
Hispanic-American culture. The company's tour includes
performances at the University of California in Santa
Barbara.
Through a grant to L.A. Freewaves in Los Angeles, the
experimental media arts festival Appropriate/Appropriated
showcases artists working in the medium of film, video, web
sites, and multimedia installations. Films screen for the
general public in galleries, museums and other venues across
Southern California, including the Contemporary Arts Forum in
Santa Barbara.
Through a partnership with the American Architectural
Foundation in Washington, D.C., the Mayor's Institute on City
Design hosts a series of symposiums attended by mayors, urban
designers, and developers. The Institute is designed to
provide mayors with new perspectives on creative solutions to
design issues in their communities. Marty Blum, Mayor of
Santa Barbara, participates in this program.
Congressional District 23
A partnership grant to the California Arts Council in
Sacramento supports statewide programming in arts education,
cultural development, artistic preservation, increased access
to the arts in underserved areas, and funding for artists and
arts organizations throughout the state.
Camarillo
Through a grant to California-based L.A. Theatre Works,
audio plays that serve the visually impaired are distributed
to libraries throughout the country. L.A. Theatre Works
records in front of live studio audiences and features
classic and contemporary works (e.g., Arthur Miller's The
Crucible and Zoot Suit by Luis Valdez). L.A. Theatre Works
distributes these audio recordings to the Frontier High
School in Camarillo.
Through a grant to Ririe-Woodbury Dance in Salt Lake City,
the company offers creative movement classes, performance
demonstrations and teacher workshops at Camarillo High
School.
In partnership with regional arts organizations, the NEA
Regional Touring Program (RTP) supports high-quality
performances and related educational activities in
communities across the country. In Camarillo, the Ventura
County Superintendent of Schools presents the Footworks
Percussive Dance Company and the Ririe-Woodbury Dance
Company.
coalinga
Through a grant to Art Resources Transfer in New York, the
Distribution to Underserved Communities program places books
on art and culture into public and school libraries free of
charge. To help rebuild collections diminished from budget
cuts, local librarians choose from a long list of available
books, videos and interactive materials. The Coalinga
District Library receives materials from this program.
malibu
Through a grant to Inside Out Community Arts in Venice, the
School Project program is an after-school theater-based arts
program serving middle and high school students. Students
participating in the program attend a camping/rehearsal
retreat at Grindling Hilltop Camp in Malibu.
ojai
A grant to the Ojai Festival supports the 2002 Ojai Music
Festival and the theme Last Thoughts: Beethoven, Shostakovich
and Others.
In partnership with regional arts organizations, the NEA
Regional Touring Program (RTP) supports high-quality
performances and related educational activities in
communities across the country. In Ojai, Performances To Grow
On presents the Princely Players, who sing and recite poetry
from the earliest sources of African-American music in this
country to the civil war and the civil rights movement.
simi valley
Through a grant to Jazz at Lincoln Center in New York City,
the Essentially Ellington High School Jazz Band Competition
and Festival distributes, free of charge, specially arranged
compositions of Duke Ellington's music and related
educational materials to schools throughout the country,
including Santa Susana High School in Simi Valley.
Through a grant to California-based L.A. Theatre Works,
audio plays that serve the visually impaired are distributed
to libraries throughout the country. L.A. Theatre Works
records in front of live studio audiences and features
classic and contemporary works (e.g., Arthur Miller's The
Crucible and Zoot Suit by Luis Valdez). L.A. Theatre Works
distributes these audio recordings to the Santa Susana High
School in Simi Valley.
ventura
Through a grant to California-based L.A. Theatre Works,
audio plays that serve the visually impaired are distributed
to libraries throughout the country. L.A. Theatre Works
records in front of live studio audiences and features
classic and contemporary works (e.g., Arthur Miller's The
Crucible and Zoot Suit by Luis Valdez). L.A. Theatre Works
distributes these audio recordings to the Buena High School
in Ventura.
Through a grant to Art Resources Transfer in New York, the
Distribution to Underserved Communities program places books
on art and culture into public and school libraries free of
charge. To help rebuild collections diminished from budget
cuts, local librarians choose from a long list of available
books, videos and interactive materials. The Ventura County
Library receives materials from this program.
Mr. DICKS. Mr. Chairman, I move to strike the requisite number of
words, and I rise in support of the Slaughter amendment and am proud to
be a cosponsor of this amendment.
We have offered this amendment successfully over the last 4 years,
and I just want to say to my colleagues that I was on this committee
when we were funding the arts and humanities at a much more robust
level, and I agree, it is amazing that the endowments do as well as
they do with the reduced funding that Congress has given them.
This modest amendment, in my judgment, will do a great deal with the
Challenge America program and at the Endowment for Humanities. In fact,
the President asked for more money in humanities than we are giving him
this year. So I think this is a very modest amendment.
I can tell from my own State of Washington the appreciation of the
arts organizations for the grants that they get from the National
Endowment for the Arts, the universities, the people, the professors,
teachers, all those who apply to the National Endowment for the
Humanities, who also does an outstanding job, but at a time when our
country needs to support job creation, the charts that were shown
earlier, the number of people that are employed by the nonprofits that
work in the arts is very substantial.
This is an important part of our economy. This is not just in New
York or Chicago or San Francisco. This is also in many of the smaller
communities like my hometown of Bremerton, Washington. The Admiral
Theater, they are having a group come in from Missoula, Montana.
Arts education was mentioned. I can remember Jane Alexander taking me
to Garfield High School in Seattle to see a whole group of African
American youth working in an arts program. Dale Chihuly with glass in
Tacoma, his hometown, one of the most prolific glass artists in the
world.
I think this is such a small part of the budget but such an important
part,
[[Page H6982]]
and I am so pleased that so many of my colleagues stayed this evening
after the last vote to express their support. I hope that tomorrow
morning we will be able to have another victory, and I urge everyone to
be here early and to help work the body and get the same great vote
that we had last year when we won by 42 votes, with bipartisan support.
I urge everyone who is watching this back in their offices to be here
early to support this amendment tomorrow morning when we will vote on
it.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in strong support of
the Slaughter Amendment to increase funding to the National Endowment
for the Arts and the National Endowment for the Humanities.
NEA is a great investment in the economic growth of communities. The
nonprofit arts industry alone generates $134 billion annually in
economic activity and $10.5 billion in federal tax revenue.
NEA's Challenge America program has strong bipartisan support and has
helped broaden access to the arts and provide funds to first-time grant
recipients in small & rural towns. All forms of support for the arts
and humanities--State and local government, foundation, corporate, and
individual donations--are down from last year, but needs are greater
than ever.
NEA requires state and local arts agencies as well as private
organizations to provide matching funds, ensuring that dollars continue
to flow to the arts even during difficult economic times. NEA nurtures
artistic excellence in every corner of the country, with grants
reaching every state and every congressional district, including my own
district, in Houston, Texas.
Funding for the arts and humanities is more than making pretty
paintings or sculptures. It is now about national security. I serve on
the Science Committee and push hard to ensure that America stays on the
cutting edge in math and science--fields that we usually think of as
being the bedrock upon which a strong economy are built. We spend much
time and resources pushing ``back to the basics'' campaigns in our
educational systems, to improve reading, writing, and arithmetic. But
perhaps the tragic events of September 11th, and some of the struggles
we have been grappling with since, indicate that in our quest to
improve the basics, we have under-emphasized other critical areas of
intellectual and spiritual growth.
It seems that many of the challenges we are facing overseas are
exacerbated by the fact that we, as a nation, tend to be ignorant of
other cultures, languages, and religions. In our haste to drive our
children and young adults toward technology and mechanical work, we
have neglected the importance of helping them understand people.
Perhaps, this has contributed to the distance between us and our
allies, and perhaps it has increased the hatred felt for us by our
enemies.
In the fight against terrorism, it is important that we truly
understand the motivations of our enemies, and the cultural needs of
our friends. In the aftermath of 9/11, we found that we have a shortage
of Americans who speak Arabic, and various dialects, or who could speak
persuasively to Afghanis. These things must change.
The NEA and NEH are two of many organizations that raise our cultural
competence. I serve on the Select Committee on Homeland Security, and
in the scheme of our anti-terrorist efforts, it is an inexpensive part.
But it is a critical part. Adding $15 million to budgets of the NEA and
NEH is a small but important step in the right direction.
The next generation of Americans needs to be culturally aware. They
need to understand the history, art, culture, literature, sociology,
archaeology--all of the cultural components that make people what they
are and that drive people to do the things they do. As the President
has said, this is going to be a different kind of battle, and it will
take a long time to win it.
The NEA should be part of that long-term strategy. It would be
difficult to overspend on this enriching program.
Mrs. LOWEY. Mr. Chairman, I rise in strong support of the amendment
offered by my friend from New York and strongly urge it's adoption.
Mr. Chairman, throughout the course of history, the greatest
civilizations are remembered for their contributions to the arts and
humanities. Indeed, public commitment to the arts and humanities, along
with dedication to free government, could be described as the
benchmarks of a great society. As Americans we should be collectively
committed to the documentation of our history and our accomplishments.
The two greatest civilizations of the ancient world, the Greek and
Roman Empires, are remembered as much for their dedications to their
arts as they are with the creation of the democratic and republican
forms of government. The architecture of these civilizations inspired
our own Capitol building. The theater of Greece and the mosaics of Rome
are timeless and engraved in history alongside the triumphs of
Alexander the Great and Julius Caesar. Every child learns the
Renaissance and the Reformation were watershed events of European
history that revolutionized the Western world. The lesson children
learn is that religious and political freedom go hand in hand with
greater artistic and rhetorical expression.
In America, our contributions to democracy and free society
throughout the world are unquestionable and unparalleled. But centuries
from now the people of the world should look back with equal admiration
to our commitment to the arts. But will they?
We need not support the arts merely to support history and posterity;
the arts also have a vital impact on our economy. In my home county of
Westchester, New York, the arts support over two thousand jobs and
generate over $11 million in revenue for the state and local
government. In Fiscal Year 2000, the arts had a total economic impact
of over $92 million in Westchester alone. Nationwide, the figures are
even more impressive. The arts are a $134 billion industry sustaining
nearly 5 million jobs. While the federal government spends only about
$250 million on NEA and NEH annually, it collects over $10 billion in
tax revenue related to the arts industry, a ratio of 40 to one.
NEA and NEH dollars are crucial to the arts community, helping them
leverage more state, local, and private funds. Clearly, the numbers
show that investment in the arts is critical not only to our national
identify, but also vital to our national economy.
Mr. Chairman, our place in history demands that we act decisively,
and commit ourselves to our national heritage and culture. I urge my
colleagues to support the $15 million increase for NEA and NEH, to
support creativity and expression, to support our economy, and to
support the place of our American civilization within the pages of
history, a place our nation so richly deserves.
Mr. CASTLE. Mr. Chairman, I rise today in support of the Slaughter-
Shays-Dicks-Leach Amendment to increase funding for the National
Endowment for the Arts and the National Endowment for the Humanities.
The arts and humanities are important both socially and economically to
our nation as a whole.
Studies have shown students benefit from exposure to both the arts
and humanities. I have witnessed firsthand how rewarding arts and
humanities programs can be to our nations' youth. For example, the
Delaware Institute for the Arts in Education, which is partially funded
by grants from the NEA, provides workshops and programs that encourage
teachers to enrich classroom education for their students by utilizing
the arts. They provide programs for students in dance, art, music,
theater, and other skills essential to a well-rounded education.
Because of funding by the NEA, the Delaware Institute for the Arts and
other Delaware programs help give students lifetime skills of cultural
appreciation, communication, critical thinking, and teamwork.
While funding for the NEA encourages Arts education, part of the
funds reserved for the NEH will support the important education
initiative, We the People. We live in a country with a rich and
rewarding history; a country where diversity helps create a uniquely
American experience. It is vital that Americans understand our history
in order to become more informed and civically minded citizens.
Programs like the We the People initiative hope to do just that.
It is important for us to remember, the collective benefits gained by
not only our districts but also by the nation as a whole and that is
why I rise today in strong support of increased funding for the NEA and
the NEH.
Ms. DeLAURO. Mr. Chairman, I rise in strong support of the Slaughter-
Dicks amendment to provide increased funding for the National Endowment
for the Arts and the National Endowment for the Humanities. These
agencies are charged with bringing the history, the beauty, the
creative genius of our culture to the lives of all Americans--young and
old, rich and poor, urban and rural. These agencies make sure that the
vast wealth that is our national heritage is accessible to all
Americans, and that is a goal worthy of our support.
Many years ago, I chaired the Greater New Haven Arts Council in
Connecticut. I know first hand that the arts enrich lives, and they
also contribute to the economic growth of the community.
It is important to note that our small federal contribution to these
agencies is only a tiny percentage of the overall public-private
investment that flows into the non-profit arts every year. But these
are the most important dollars--the ones that leverage billions of
dollars in state, local and private funding and fuel what is a vital
non-profit arts industry. This industry creates jobs, increases travel
and tourism, and generates billions of dollars in economic activity
every year. That means nearly
[[Page H6983]]
5 million jobs nationally and more than $24 billion in revenues, more
than half of which goes to states and localities. In my state, more
than 30,000 Connecticut jobs are connected to the non-profit arts.
In addition, the NEA is an important partner in bringing innovative
arts education programs to more American students. Arts education is
critical in planting seeds of arts appreciation and in cultivating the
talent that may have yet to be discovered in these young minds. The
Endowment, in partnership with state arts agencies, provides millions
of dollars in annual support for kindergarten through 12th grade arts
education projects in communities across the country. It also funds
professional development programs for arts specialists, classroom
teachers, and artists.
Study after study has shown that the arts have real value in
restoring civility to our society and providing our children and
communities real alternatives to substance abuse and delinquency. A
study published in Business Week 3 years ago cited strong business
support for government funding for the arts using empirical data that
demonstrated students who participate in arts programs gain self-
esteem, learn to cooperate as a team--they show an improved ability to
finish tasks, and a more positive attitude toward school. Business
understands the value of these programs.
We know that the arts build our economy, enrich our culture, and feed
the minds of adults and children alike. The NEA and NEH need this
increase to fulfill their missions, and it is time we gave them this
support. Vote for this amendment. Preserve our heritage and make it
accessible to all.
Mr. MATHESON. Mr. Chairman, as a supporter of the arts and the
humanities, I am pleased to support this amendment. During my time in
Congress I have had the opportunity to meet with numerous constituents
regarding the need for continued arts funding.
In this time of daunting budget deficits, we must spend our
collective resources as wisely as possible. Funding for the arts is
sometimes construed as a giveaway on the part of the federal
government, which does not result in tangible benefits to the nation. I
dispute that claim--in my district in Utah, we are fortunate to have a
thriving arts and humanities community that generates revenues for the
local economy, teaches our children about American cultural traditions,
and builds civic spirit through public events.
I believed that our nation should invest in programs that generate
benefits such as these and I hope my colleagues will join me in voting
to restore funding for the National Endowment for the Arts and the
National Endowment for Humanities to last year's levels.
Mrs. MALONEY. Mr. Chairman, I rise today to voice my strong support
for the Slaughter-Shays-Dicks amendment. This important amendment
increases funding for the National Endowment for the Arts by $10
million and the National Endowment for the Humanities by $5 million. It
will continue the process of restoring federal arts funding to
appropriate levels by simply providing the funding that the House
passed last year.
This money will allow millions of young people and children to be
exposed to the arts. In addition to the enjoyment and life-enrichment
that each participant in the arts experiences, the exposure of children
to the arts has been shown to improve reading and language development,
mathematics skills, fundamental cognitive skills, motivation to learn,
and social behavior. It is crucial that we provide enough funds for our
children to have the best chance to succeed.
Sufficient funding for the arts is particularly important in these
years following the tragic events of September 11. In my city of New
York and across the nation, the arts have provided important outlets
for the host of emotions brought on by the traumatic experiences and
tremendous losses that we have all experienced.
But the arts not only help us to heal as individuals, they contribute
to the economic health of our nation. The non-profit art industry
generates $134 billion in economic activity each year, providing nearly
5 million full-time equivalent jobs and over $24 billion in federal,
state, and local tax revenue.
We can improve our economy, aid in the healing of our nation, help
our children, and create and enduring cultural legacy--all by passing
this necessary amendment.
I support the Slaughter-Shays-Dicks amendment, and I urge my
colleagues to do the same.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from New York (Ms. Slaughter).
The question was taken, and the Chairman announced that the ayes
appeared to have it.
Mr. TAYLOR of North Carolina. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentlewoman from New York (Ms.
Slaughter) will be postponed.
Are there further amendments to that portion of the bill which is
open for amendment?
If not, the Clerk will read.
The Clerk read as follows:
wildland fire management
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, hazardous fuels reduction on
or adjacent to such lands, and for emergency rehabilitation
of burned-over National Forest System lands and water,
$1,624,632,000, to remain available until expended: Provided,
That such funds including unobligated balances under this
head, are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That not less than 50 percent of
any unobligated balances remaining (exclusive of amounts for
hazardous fuels reduction) at the end of fiscal year 2003
shall be transferred, as repayment for past advances that
have not been repaid, to the fund established pursuant to
section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.):
Provided further, That notwithstanding any other provision of
law, $8,000,000 of funds appropriated under this
appropriation shall be used for Fire Science Research in
support of the Joint Fire Science Program: Provided further,
That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available
to execute the Forest and Rangeland Research appropriation,
are also available in the utilization of funds for Fire
Science Research: Provided further, That funds provided shall
be available for emergency rehabilitation and restoration,
hazardous fuels reduction activities in the urban-wildland
interface, support to Federal emergency response, and
wildfire suppression activities of the Forest Service:
Provided further, That of the funds provided, $246,392,000 is
for hazardous fuels reduction activities, $40,000,000 is for
rehabilitation and restoration, $22,000,000 is for research
activities and to make competitive research grants pursuant
to the Forest and Rangeland Renewable Resources Research Act,
as amended (16 U.S.C. 1641 et seq.), $51,000,000 is for State
fire assistance, $8,240,000 is for volunteer fire assistance,
$25,000,000 is for forest health activities on State,
private, and Federal lands, and $6,000,000 is for economic
action programs: Provided further, That amounts in this
paragraph may be transferred to the ``State and Private
Forestry'', ``National Forest System'', and ``Forest and
Rangeland Research'' accounts to fund State fire assistance,
volunteer fire assistance, forest health management, economic
action programs, forest and rangeland research, vegetation
and watershed management, heritage site rehabilitation, and
wildlife and fish habitat management and restoration:
Provided further, That transfers of any amounts in excess of
those authorized in this paragraph, shall require approval of
the House and Senate Committees on Appropriations in
compliance with reprogramming procedures contained in the
House report accompanying this Act: Provided further, That
the costs of implementing any cooperative agreement between
the Federal Government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties:
Provided further, That in addition to funds provided for
State Fire Assistance programs, and subject to all
authorities available to the Forest Service under the State
and Private Forestry Appropriations, up to $15,000,000 may be
used on adjacent non-Federal lands for the purpose of
protecting communities when hazard reduction activities are
planned on national forest lands that have the potential to
place such communities at risk: Provided further, That
included in funding for hazardous fuel reduction is
$5,000,000 for implementing the Community Forest Restoration
Act, Public Law 106-393, title VI, and any portion of such
funds shall be available for use on non-Federal lands in
accordance with authorities available to the Forest Service
under the State and Private Forestry Appropriation: Provided
further, That in using the funds provided in this Act for
hazardous fuels reduction activities, the Secretary of
Agriculture may conduct fuel reduction treatments on Federal
lands using all contracting and hiring authorities available
to the Secretary applicable to hazardous fuel reduction
activities under the wildland fire management accounts:
Provided further, That notwithstanding Federal Government
procurement and contracting laws, the Secretaries may conduct
fuel reduction treatments, rehabilitation and restoration,
and other activities authorized under this heading on and
adjacent to Federal lands using grants and cooperative
agreements: Provided further, That notwithstanding Federal
Government procurement and contracting laws, in order to
provide employment and training opportunities to people in
rural communities, the Secretaries may award contracts,
including contracts for monitoring activities, to local
private, non-profit, or cooperative entities; Youth
Conservation Corps crews or related partnerships, with State,
local and non-profit youth groups; small or micro-businesses;
or other entities that will hire or train a significant
percentage of local people to complete such contracts:
Provided further, That the authorities described above
relating to contracts, grants, and cooperative agreements are
available until all funds
[[Page H6984]]
provided in this title for hazardous fuels reduction
activities in the urban wildland interface are obligated:
Provided further, That the Secretary of the Interior and the
Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate
amount not to exceed $12,000,000, between the Departments
when such transfers would facilitate and expedite jointly
funded wildland fire management programs and projects.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $560,473,000, to remain available until
expended for construction, reconstruction, maintenance and
acquisition of buildings and other facilities, and for
construction, reconstruction, repair, decommissioning, and
maintenance of forest roads and trails by the Forest Service
as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205:
Provided, That up to $15,000,000 of the funds provided herein
for road maintenance shall be available for the
decommissioning of roads, including unauthorized roads not
part of the transportation system, which are no longer
needed: Provided further, That no funds shall be expended to
decommission any system road until notice and an opportunity
for public comment has been provided on each decommissioning
project.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
Forest Service, $29,288,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,069,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967, as amended (16
U.S.C. 484a), to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, as amended, to
remain available until expended, of which not to exceed 6
percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96-487), $5,535,000, to remain available until
expended.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of not to exceed
124 passenger motor vehicles of which 21 will be used
primarily for law enforcement purposes and of which 124 shall
be for replacement; acquisition of 25 passenger motor
vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to
exceed seven for replacement only, and acquisition of
sufficient aircraft from excess sources to maintain the
operable fleet at 195 aircraft for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close
any regional office for National Forest System administration
of the Forest Service, Department of Agriculture without the
consent of the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions if and only if all previously appropriated
emergency contingent funds under the heading ``Wildland Fire
Management'' have been released by the President and
apportioned and all funds under the heading ``Wildland Fire
Management'' are obligated.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development and the Foreign Agricultural Service in
connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and
international organizations.
Mr. TAYLOR of North Carolina. Mr. Chairman, I move that the Committee
do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Burgess) having assumed the chair, Mr. LaTourette, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 2691)
making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2004, and for other
purposes, had come to no resolution thereon.
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