[Congressional Record Volume 149, Number 153 (Tuesday, October 28, 2003)]
[House]
[Pages H9898-H9959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 2691, DEPARTMENT OF THE INTERIOR AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2004

  Mr. YOUNG of Florida (during consideration of H.R. 2359) submitted 
the following conference report and statement on 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:

                  Conference Report (H. Rept. 108-330)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to 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'', having met, 
     after full and free conference, have agreed to recommend and 
     do recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Department 
     of the Interior and related agencies for the fiscal year 
     ending September 30, 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)), 
     $850,321,000, to remain available until expended, of which 
     $1,000,000 is for high priority projects, to be carried out 
     by the Youth Conservation Corps; $2,484,000 is for assessment 
     of the mineral potential of public lands in Alaska pursuant 
     to section 1010 of Public Law 96-487; (16 U.S.C. 3150); and 
     of which not to exceed $1,000,000 shall be derived from the 
     special receipt account established by the Land and Water 
     Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)); 
     and of which $3,000,000 shall be available in fiscal year 
     2004 subject to a match by at least an equal amount by the 
     National Fish and Wildlife Foundation for cost-shared 
     projects supporting conservation of Bureau lands; and such 
     funds shall be advanced to the Foundation as a lump sum grant 
     without regard to when expenses are incurred; in addition, 
     $32,696,000 is for Mining Law Administration program 
     operations, including the cost of administering the mining 
     claim fee program; to remain available until expended, to be 
     reduced by amounts collected by the Bureau and credited to 
     this appropriation from annual mining claim fees so as to 
     result in a final appropriation estimated at not more than 
     $850,321,000; 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, $792,725,000, 
     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 of the funds provided, $99,000,000 is 
     to repay prior year advances from other appropriations from 
     which funds were transferred for wildfire suppression and 
     emergency rehabilitation activities: Provided further, That 
     this additional amount is designated by the Congress as an 
     emergency requirement pursuant to section 502 of H. Con. Res. 
     95 (108th Congress), the concurrent resolution on the budget 
     for fiscal year 2004: Provided further, That using the 
     amounts designated under this title of this Act, the 
     Secretary of the Interior may enter into procurement 
     contracts, grants, or cooperative agreements, for hazardous 
     fuels reduction activities, and for training and monitoring 
     associated with such hazardous fuels reduction activities, on 
     Federal land, or on adjacent non-Federal land for activities 
     that benefit resources on Federal land: Provided further, 
     That the costs of implementing any cooperative agreement 
     between the Federal Government and any non-Federal entity may 
     be shared, as mutually agreed on by the affected parties: 
     Provided further, That notwithstanding requirements of the 
     Competition in Contracting Act, the Secretary, for purposes 
     of hazardous fuels reduction activities, may obtain maximum 
     practicable competition among: (A) local private, nonprofit, 
     or cooperative entities; (B) Youth Conservation Corps crews 
     or related partnerships with state, local, or non-profit 
     youth groups; (C) small or micro-businesses; or (D) other 
     entities that will hire or train locally a significant 
     percentage, defined as 50 percent or more, of the project 
     workforce to complete such contracts: Provided further, That 
     in implementing this section, the Secretary shall develop 
     written guidance to field units to ensure accountability and 
     consistent application of the authorities provided herein: 
     Provided further, That funds appropriated under this head may 
     be used to reimburse the United States Fish and Wildlife 
     Service and the National Marine Fisheries Service for the 
     costs of carrying out their responsibilities under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 
     consult and conference, as required by section 7 of such Act 
     in connection with wildland fire management activities: 
     Provided further, That the Secretary of the Interior may use 
     wildland fire appropriations to enter into non-competitive 
     sole source leases of real property with local 
     governments, at or below fair

[[Page H9899]]

     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, $13,976,000, 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, $18,600,000, to be derived from the Land and Water 
     Conservation Fund and to remain available until expended.

                   oregon and california grant lands

       For expenses necessary for management, protection, and 
     development of resources and for construction, operation, and 
     maintenance of access roads, reforestation, and other 
     improvements on the revested Oregon and California Railroad 
     grant lands, on other Federal lands in the Oregon and 
     California land-grant counties of Oregon, and on adjacent 
     rights-of-way; and acquisition of lands or interests therein, 
     including existing connecting roads on or adjacent to such 
     grant lands; $106,672,000, to remain available until 
     expended: Provided, That 25 percent of the aggregate of all 
     receipts during the current fiscal year from the revested 
     Oregon and California Railroad grant lands is hereby made a 
     charge against the Oregon and California land-grant fund and 
     shall be transferred to the General Fund in the Treasury in 
     accordance with the second paragraph of subsection (b) of 
     title II of the Act of August 28, 1937 (50 Stat. 876).

               forest ecosystems health and recovery fund


                   (Revolving Fund, Special Account)

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

                           range improvements

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

               service charges, deposits, and forfeitures

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

                       miscellaneous trust funds

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

                       administrative provisions

       Appropriations for the Bureau of Land Management shall be 
     available for purchase, erection, and dismantlement of 
     temporary structures, and alteration and maintenance of 
     necessary buildings and appurtenant facilities to which the 
     United States has title; up to $100,000 for payments, at the 
     discretion of the Secretary, for information or evidence 
     concerning violations of laws administered by the Bureau; 
     miscellaneous and emergency expenses of enforcement 
     activities authorized or approved by the Secretary and to be 
     accounted for solely on her certificate, not to exceed 
     $10,000: Provided, That notwithstanding 44 U.S.C. 501, the 
     Bureau may, under cooperative cost-sharing and partnership 
     arrangements authorized by law, procure printing services 
     from cooperators in connection with jointly produced 
     publications for which the cooperators share the cost of 
     printing either in cash or in services, and the Bureau 
     determines the cooperator is capable of meeting accepted 
     quality standards: Provided further, That section 28 of title 
     30, United States Code, is amended: (1) in section 28f(a), by 
     striking ``for years 2002 through 2003'' and inserting in 
     lieu thereof ``for years 2004 through 2008''; and (2) in 
     section 28g, by striking ``and before September 30, 2003'' 
     and inserting in lieu thereof ``and before September 30, 
     2008''.

                United States Fish and Wildlife Service

                          resource management

       For necessary expenses of the United States Fish and 
     Wildlife Service, as authorized by law, and for scientific 
     and economic studies, maintenance of the herd of long-horned 
     cattle on the Wichita Mountains Wildlife Refuge, general 
     administration, and for the performance of other authorized 
     functions related to such resources by direct expenditure, 
     contracts, grants, cooperative agreements and reimbursable 
     agreements with public and private entities, $963,352,000, 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; $60,554,000, 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, $43,628,000, 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.

[[Page H9900]]

                      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, $30,000,000, 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, $7,500,000, 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, $82,614,000, of which $32,614,000 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, $38,000,000, to remain available until expended.

                neotropical migratory bird conservation

       For financial assistance for projects to promote the 
     conservation of neotropical migratory birds in accordance 
     with the Neotropical Migratory Bird Conservation Act, Public 
     Law 106-247 (16 U.S.C. 6101-6109), $4,000,000, 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), 
     $5,600,000, 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, $70,000,000 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 statement of the 
     managers 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, 
     $1,629,641,000, of which $10,887,000 is for planning and 
     interagency coordination in support of Everglades restoration 
     and shall remain available until expended; of which 
     $96,480,000, to remain available until September 30, 2005, is 
     for maintenance, repair or rehabilitation projects for 
     constructed assets, operation of the National Park Service 
     automated facility management software system, and 
     comprehensive facility condition assessments; and of which 
     $2,000,000 is for the Youth Conservation Corps for high 
     priority projects: Provided, That the only funds in this 
     account which may be made available to support United States 
     Park Police are those funds approved for emergency law and 
     order incidents pursuant to established National Park Service 
     procedures, those funds needed to maintain and repair United 
     States Park Police administrative facilities, and those funds 
     necessary to reimburse the United States Park Police account 
     for the unbudgeted overtime and travel costs associated with 
     special events for an amount not to exceed $10,000 per event 
     subject to the review and concurrence of the Washington 
     headquarters office: Provided further, That notwithstanding 
     sections 5(b)(7)(c) and 7(a)(2) of Public Law 105-58, the 
     National Park Service may in fiscal year 2004 provide funding 
     for uniformed personnel for visitor protection and 
     interpretation of the outdoor symbolic site at the Oklahoma 
     City Memorial without reimbursement or a requirement to match 
     these funds with non-federal funds.

                       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, $62,544,000, of which $1,600,000 shall be available 
     until expended for the Oklahoma City National Memorial Trust, 
     notwithstanding the provisions contained in sections 7(a)(1) 
     and (2) of Public Law 105-58.

                     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), $74,500,000, to be derived from the Historic 
     Preservation Fund, to remain available

[[Page H9901]]

     until September 30, 2005: Provided, That, of the amount 
     provided herein, $500,000, to remain available until 
     expended, is for a grant for the perpetual care and 
     maintenance of National Trust Historic Sites, as authorized 
     under 16 U.S.C. 470a(e)(2), to be made available in full upon 
     signing of a grant agreement: Provided further, That, 
     notwithstanding any other provision of law, these funds shall 
     be available for investment with the proceeds to be used for 
     the same purpose as set out herein: Provided further, That of 
     the total amount provided, $33,000,000 shall be for Save 
     America's Treasures for priority preservation projects, of 
     nationally significant sites, structures, and artifacts: 
     Provided further, That any individual Save America's 
     Treasures grant shall be matched by non-Federal funds: 
     Provided further, That individual projects shall only be 
     eligible for one grant, and all projects to be funded shall 
     be approved by the House and Senate Committees on 
     Appropriations and the Secretary of the Interior in 
     consultation with the President's Committee on the Arts and 
     Humanities prior to the commitment of grant funds: Provided 
     further, That Save America's Treasures funds allocated for 
     Federal projects, following approval, shall be available by 
     transfer to appropriate accounts of individual agencies.

                              construction

       For construction, improvements, repair or replacement of 
     physical facilities, including the modifications authorized 
     by section 104 of the Everglades National Park Protection and 
     Expansion Act of 1989, $333,995,000, to remain available 
     until expended, of which $300,000 for the L.Q.C. Lamar House 
     National Historic Landmark and $375,000 for the Sun Watch 
     National Historic Landmark shall be derived from the Historic 
     Preservation Fund pursuant to 16 U.S.C. 470a: Provided, That 
     none of the funds in this or any other Act, may be used to 
     pay the salaries and expenses of more than 160 Full Time 
     Equivalent personnel working for the National Park Service's 
     Denver Service Center funded under the construction program 
     management and operations activity: Provided further, That 
     none of the funds provided in this or any other Act may be 
     used to pre-design, plan, or construct any new facility 
     (including visitor centers, curatorial facilities, 
     administrative buildings), for which appropriations have not 
     been specifically provided if the net construction cost of 
     such facility is in excess of $5,000,000, without prior 
     approval of the House and Senate Committees on 
     Appropriations: Provided further, That the restriction in the 
     previous proviso applies to all funds available to the 
     National Park Service, including partnership and fee 
     demonstration projects: Provided further, That none of the 
     funds provided in this or any other Act may be used for 
     planning, design, or construction of any underground security 
     screening or visitor contact facility at the Washington 
     Monument until such facility has been approved in writing by 
     the House and Senate Committees on Appropriations: 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 joint report of the 
     Secretary of the Interior, the Secretary of the Army, the 
     Administrator of the Environmental Protection Agency, and the 
     Attorney General which shall be filed within 90 days of 
     enactment of this Act and by September 30 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, indicates that the water entering A.R.M. Loxahatchee 
     National Wildlife Refuge and Everglades National Park does 
     not meet 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: Provided further, That not to exceed 
     $800,000 of the funds provided for Dayton Aviation Heritage 
     National Historical Park may be provided as grants to 
     cooperating entities for projects to enhance public access to 
     the park.

                    land and water conservation fund


                              (rescission)

       The contract authority provided for fiscal year 2004 by 16 
     U.S.C. 460l-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, $142,350,000, to be derived from the 
     Land and Water Conservation Fund and to remain available 
     until expended, of which $95,000,000 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: Provided further, 
     That the National Park Service may make a grant of not to 
     exceed $70,000 for the construction of a memorial in 
     Cadillac, Michigan in honor of Kris Eggle.
       None of the funds in this Act may be spent by the National 
     Park Service for activities taken in direct response to the 
     United Nations Biodiversity Convention.
       The National Park Service may distribute to operating units 
     based on the safety record of each unit the costs of programs 
     designed to improve workplace and employee safety, and to 
     encourage employees receiving workers' compensation benefits 
     pursuant to chapter 81 of title 5, United States Code, to 
     return to appropriate positions for which they are medically 
     able.
       Notwithstanding any other provision of law, in fiscal year 
     2004, with respect to the administration of the National Park 
     Service park pass program by the National Park Foundation, 
     the Secretary may obligate to the Foundation administrative 
     funds expected to be received in that fiscal year before the 
     revenues are collected, so long as total obligations in the 
     administrative account do not exceed total revenue 
     collected and deposited in that account by the end of the 
     fiscal year.

                    United States Geological Survey

                 surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, biology, and the 
     mineral and water resources of the United States, its 
     territories and possessions, and other areas as authorized by 
     43 U.S.C. 31, 1332, and 1340; classify lands as to their 
     mineral and water resources; give engineering supervision to 
     power permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); and publish and disseminate data relative to the 
     foregoing activities; and to conduct inquiries into the 
     economic conditions affecting mining and materials processing 
     industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
     related purposes as authorized by law and to publish and 
     disseminate data; $949,686,000, of which $64,536,000 shall be 
     available only for cooperation with States or municipalities 
     for water resources investigations; and of which $16,201,000 
     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 $24,390,000 shall be available until 
     September 30, 2005, for the operation and maintenance of 
     facilities and deferred maintenance; and of which 
     $176,099,000 shall be available until September

[[Page H9902]]

     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, $165,316,000, of which $80,396,000 
     shall be available for royalty management activities; and an 
     amount not to exceed $100,230,000, to be credited to this 
     appropriation and to remain available until expended, from 
     additions to receipts resulting from increases to rates in 
     effect on August 5, 1993, from rate increases to fee 
     collections for Outer Continental Shelf administrative 
     activities performed by the Minerals Management Service (MMS) 
     over and above the rates in effect on September 30, 1993, and 
     from additional fees for Outer Continental Shelf 
     administrative activities established after September 30, 
     1993: Provided, That to the extent $100,230,000 in additions 
     to receipts are not realized from the sources of receipts 
     stated above, the amount needed to reach $100,230,000 shall 
     be credited to this appropriation from receipts resulting 
     from rental rates for Outer Continental Shelf leases in 
     effect before August 5, 1993: Provided further, That 
     $3,000,000 for computer acquisitions shall remain available 
     until September 30, 2005: Provided further, That funds 
     appropriated under this Act shall be available for the 
     payment of interest in accordance with 30 U.S.C. 1721(b) and 
     (d): Provided further, That not to exceed $3,000 shall be 
     available for reasonable expenses related to promoting 
     volunteer beach and marine cleanup activities: Provided 
     further, That notwithstanding any other provision of law, 
     $15,000 under this heading shall be available for refunds of 
     overpayments in connection with certain Indian leases in 
     which the Director of MMS concurred with the claimed refund 
     due, to pay amounts owed to Indian allottees or tribes, or to 
     correct prior unrecoverable erroneous payments: Provided 
     further, That MMS may under the royalty-in-kind pilot 
     program, or under its authority to transfer oil to the 
     Strategic Petroleum Reserve, use a portion of the revenues 
     from royalty-in-kind sales, without regard to fiscal year 
     limitation, to pay for transportation to wholesale market 
     centers or upstream pooling points, and to process or 
     otherwise dispose of royalty production taken in kind, and to 
     recover MMS transportation costs, salaries, and other 
     administrative costs directly related to filling the 
     Strategic Petroleum Reserve: Provided further, That MMS shall 
     analyze and document the expected return in advance of any 
     royalty-in-kind sales to assure to the maximum extent 
     practicable that royalty income under the pilot program is 
     equal to or greater than royalty income recognized under a 
     comparable royalty-in-value program.

                           oil spill research

       For necessary expenses to carry out title I, section 1016, 
     title IV, sections 4202 and 4303, title VII, and title VIII, 
     section 8201 of the Oil Pollution Act of 1990, $7,105,000, 
     which shall be derived from the Oil Spill Liability Trust 
     Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

       For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, including the purchase of not to 
     exceed 10 passenger motor vehicles, for replacement only; 
     $106,424,000: Provided, That the Secretary of the Interior, 
     pursuant to regulations, may use directly or through grants 
     to States, moneys collected in fiscal year 2004 for civil 
     penalties assessed under section 518 of the Surface Mining 
     Control and Reclamation Act of 1977 (30 U.S.C. 1268), to 
     reclaim lands adversely affected by coal mining practices 
     after August 3, 1977, to remain available until expended: 
     Provided further, That appropriations for the Office of 
     Surface Mining Reclamation and Enforcement may provide for 
     the travel and per diem expenses of State and tribal 
     personnel attending Office of Surface Mining Reclamation and 
     Enforcement sponsored training.

                    abandoned mine reclamation fund

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     as amended, including the purchase of not more than 10 
     passenger motor vehicles for replacement only, $192,969,000, 
     to be derived from receipts of the Abandoned Mine Reclamation 
     Fund and to remain available until expended; of which up to 
     $10,000,000, to be derived from the Federal Expenses Share of 
     the Fund, shall be for supplemental grants to States for the 
     reclamation of abandoned sites with acid mine rock drainage 
     from coal mines, and for associated activities, through the 
     Appalachian Clean Streams Initiative: Provided, That grants 
     to minimum program States will be $1,500,000 per State in 
     fiscal year 2004: Provided further, That pursuant to Public 
     Law 97-365, the Department of the Interior is authorized to 
     use up to 20 percent from the recovery of the delinquent debt 
     owed to the United States Government to pay for contracts to 
     collect these debts: Provided further, That funds made 
     available under title IV of Public Law 95-87 may be used for 
     any required non-Federal share of the cost of projects funded 
     by the Federal Government for the purpose of environmental 
     restoration related to treatment or abatement of acid mine 
     drainage from abandoned mines: Provided further, That such 
     projects must be consistent with the purposes and priorities 
     of the Surface Mining Control and Reclamation Act: Provided 
     further, That the State of Maryland may set aside the greater 
     of $1,000,000 or 10 percent of the total of the grants made 
     available to the State under title IV of the Surface Mining 
     Control and Reclamation Act of 1977, as amended (30 U.S.C. 
     1231 et seq.), if the amount set aside is deposited in an 
     acid mine drainage abatement and treatment fund established 
     under a State law, pursuant to which law the amount (together 
     with all interest earned on the amount) is expended by the 
     State to undertake acid mine drainage abatement and treatment 
     projects, except that before any amounts greater than 10 
     percent of its title IV grants are deposited in an acid mine 
     drainage abatement and treatment fund, the State of Maryland 
     must first complete all Surface Mining Control and 
     Reclamation Act priority one projects.

                        Bureau of Indian Affairs

                      operation of indian programs

       For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13), the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 et seq.), as amended, the Education Amendments of 1978 
     (25 U.S.C. 2001-2019), and the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 
     $1,916,317,000, to remain available until September 30, 2005 
     except as otherwise provided herein, of which not to exceed 
     $86,925,000 shall be for welfare assistance payments and 
     notwithstanding any other provision of law, including but not 
     limited to the Indian Self-Determination Act of 1975, as 
     amended, not to exceed $135,315,000 shall be available for 
     payments to tribes and tribal organizations for contract 
     support costs associated with ongoing contracts, grants, 
     compacts, or annual funding agreements entered into with the 
     Bureau prior to or during fiscal year 2004, as authorized by 
     such Act, except that tribes and tribal organizations may use 
     their tribal priority allocations for unmet indirect costs of 
     ongoing contracts, grants, or compacts, or annual funding 
     agreements and for unmet welfare assistance costs; and of 
     which not to exceed $458,524,000 for school operations costs 
     of Bureau-funded schools and other education programs shall 
     become available on July 1, 2004, and shall remain available 
     until September 30, 2005; and of which not to exceed 
     $55,766,000 shall remain available until expended for housing 
     improvement, road maintenance, attorney fees, litigation 
     support, the Indian Self-Determination Fund, land records 
     improvement, and the Navajo-Hopi Settlement Program: 
     Provided, That notwithstanding any other provision of law, 
     including but not limited to the Indian Self-Determination 
     Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed 
     $49,182,000 within and only from such amounts made available 
     for school operations shall be available to tribes and tribal 
     organizations for administrative cost grants associated with 
     ongoing grants entered into with the Bureau prior to or 
     during fiscal year 2003 for the operation of Bureau-funded 
     schools, and up to $3,000,000 within and only from such 
     amounts made available for school operations shall be 
     available for the transitional costs of initial 
     administrative cost grants to tribes and tribal organizations 
     that enter into grants for the operation on or after July 1, 
     2004 of Bureau-operated schools: Provided further, That any 
     forestry funds allocated to a tribe which remain unobligated 
     as of September 30, 2005, may be transferred during fiscal 
     year 2006 to an Indian forest land assistance account 
     established for the benefit of such tribe within the tribe's 
     trust fund account: Provided further, That any such 
     unobligated balances not so transferred shall expire on 
     September 30, 2006.

[[Page H9903]]

                              construction

       For construction, repair, improvement, and maintenance of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands, and interests in lands; 
     and preparation of lands for farming, and for construction of 
     the Navajo Indian Irrigation Project pursuant to Public 
     Law 87-483, $351,154,000, to remain available until 
     expended: Provided, That such amounts as may be available 
     for the construction of the Navajo Indian Irrigation 
     Project may be transferred to the Bureau of Reclamation: 
     Provided further, That not to exceed 6 percent of contract 
     authority available to the Bureau of Indian Affairs from 
     the Federal Highway Trust Fund may be used to cover the 
     road program management costs of the Bureau: Provided 
     further, That any funds provided for the Safety of Dams 
     program pursuant to 25 U.S.C. 13 shall be made available 
     on a nonreimbursable basis: Provided further, That for 
     fiscal year 2004, in implementing new construction or 
     facilities improvement and repair project grants in excess 
     of $100,000 that are provided to tribally controlled grant 
     schools under Public Law 100-297, as amended, the 
     Secretary of the Interior shall use the Administrative and 
     Audit Requirements and Cost Principles for Assistance 
     Programs contained in 43 CFR part 12 as the regulatory 
     requirements: Provided further, That such grants shall not 
     be subject to section 12.61 of 43 CFR; the Secretary and 
     the grantee shall negotiate and determine a schedule of 
     payments for the work to be performed: Provided further, 
     That in considering applications, the Secretary shall 
     consider whether the Indian tribe or tribal organization 
     would be deficient in assuring that the construction 
     projects conform to applicable building standards and 
     codes and Federal, tribal, or State health and safety 
     standards as required by 25 U.S.C. 2005(a), with respect 
     to organizational and financial management capabilities: 
     Provided further, That if the Secretary declines an 
     application, the Secretary shall follow the requirements 
     contained in 25 U.S.C. 2505(f): Provided further, That any 
     disputes between the Secretary and any grantee concerning 
     a grant shall be subject to the disputes provision in 25 
     U.S.C. 2508(e).

 indian land and water claim settlements and miscellaneous payments to 
                                indians


                     (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 $31,766,000 shall 
     be available for implementation of enacted Indian land and 
     water claim settlements pursuant to Public Laws 101-618, 107-
     331, and 102-575, and for implementation of other enacted 
     water rights settlements; and of which $18,817,000 shall be 
     available pursuant to Public Laws 99-264, 100-580, 106-425, 
     and 106-554; 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, 
     $76,343,000, of which: (1) $70,022,000 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 grants and necessary expenses, $6,434,000, as provided 
     for in sections 221(a)(2), 221(b), and 233 of the Compact of 
     Free Association for the Republic of Palau as authorized by 
     Public Law 99-658; section 103(f)(2) of title I of H.J. Res. 
     63 or S.J. Res. 16, (as introduced July 8, 2003, and July 14, 
     2003, respectively); and section 221(a)(2) of the Compacts of 
     Free Association and their related agreements between the 
     Government of the United States and the Government of the 
     Republic of the Marshall Islands (signed April 30, 2003), and 
     between the Government of the United States and the Federated 
     States of Micronesia (signed May 14, 2003); to remain 
     available until expended. Further, $142,400,000 shall be 
     available until expended, of which $76,700,000 shall be 
     provided for the Federated States of Micronesia and shall be 
     used for grants and necessary expenses as provided for (and 
     in accordance with and subject to the terms, conditions, 
     procedures, and requirements set forth in) sections 211, 212, 
     213, 214, and 216 of the Compact of Free Association and its 
     related agreements between the Government of the United 
     States and the Government of the Federated States of 
     Micronesia (signed May 14, 2003); $50,700,000 shall be 
     provided for the Republic of the Marshall Islands and shall 
     be used for grants and necessary expenses as provided for 
     (and in accordance with, and subject to the terms, 
     conditions, procedures, and requirements set forth in) 
     sections 211, 212, 213, 214, 215, and 217 of the Compact of 
     Free Association and its related agreements between the 
     Government of the United States and the Government of the 
     Republic of the Marshall Islands (signed April 30,

[[Page H9904]]

     2003); and $15,000,000 shall be made available for the effect 
     of U.S.-FSM Compact and U.S.-RMI Compact, in accordance with, 
     and subject to the terms, conditions, procedures, and 
     requirements set forth in section 104(e) of title I of H.J. 
     Res. 63, or S.J. Res. 16 (as introduced July 8, 2003, and 
     July 14, 2003, respectively). The funding made available in 
     this paragraph shall not be used to fund the Trust Funds of 
     the Compacts of Free Association, however measures necessary 
     to set up the Trust Funds in accordance with the agreement 
     between the Government of the United States and the 
     Government of the Federated States of Micronesia (signed May 
     14, 2003) and the agreement between the Government of the 
     United States and the Government of the Republic of the 
     Marshall Islands (signed April 30, 2003) implementing section 
     215 and section 216, respectively, of the Compacts regarding 
     a Trust Fund are authorized and may commence. If the 
     aforementioned H.J. Res. 63, S.J. Res. 16, or similar 
     legislation as identified in the President's fiscal year 2004 
     budget to approve the Compacts of Free Association (dated 
     April 30, 2003, and May 14, 2003) and their related 
     agreements is enacted, any funding made available under this 
     paragraph shall be considered to have been made available and 
     expended for and under that enacted legislation purposes of 
     funding for fiscal year 2004.
       Section 231 of Public Law 99-239 is amended by striking 
     ``If these negotiations'' and all that follows through the 
     final period and inserting the following: ``The period for 
     the enactment of legislation approving the agreements 
     resulting from such negotiations shall extend through the 
     earlier of the date of the enactment of such legislation or 
     September 30, 2004, during which time the provisions of this 
     Compact, including title three, shall remain in full force 
     and effect.''.

                        Departmental Management

                         salaries and expenses

       For necessary expenses for management of the Department of 
     the Interior, $78,933,000, 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 of this amount, sufficient 
     funds shall be available for the Secretary of the Interior, 
     not later than 60 days after the last day of the fiscal year, 
     to submit to Congress a report on the amount of acquisitions 
     made by the Department of the Interior during such fiscal 
     year of articles, materials, or supplies that were 
     manufactured outside the United States. Such report shall 
     separately indicate the dollar value of any articles, 
     materials, or supplies purchased by the Department of the 
     Interior that were manufactured outside the United States, an 
     itemized list of all waivers under the Buy American Act (41 
     U.S.C. 10a et seq.) that were granted with respect to such 
     articles, materials, or supplies, and a summary of total 
     procurement funds spent on goods manufactured in the United 
     States versus funds spent on goods manufactured outside of 
     the United States. The Secretary of the Interior shall make 
     the report publicly available by posting the report on an 
     Internet website: Provided further, That none of the funds in 
     this or previous appropriations Acts may be used to establish 
     any additional reserves in the Working Capital Fund account 
     other than the two authorized reserves without prior approval 
     of the House and Senate Committees on Appropriations.
       Of the unobligated balances in the Special Foreign Currency 
     account, $1,400,000 are hereby canceled.


                          WORKING CAPITAL FUND

       For the acquisition of a departmental financial and 
     business management system, $11,700,000, to remain available 
     until expended: Provided, That from unobligated balances 
     under this heading, $20,000,000 are hereby canceled.

                       payments in lieu of taxes

       For expenses necessary to implement the Act of October 20, 
     1976, as amended (31 U.S.C. 6901-6907), $227,500,000, 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, 
     $38,749,000, 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 the operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, $189,641,000, to remain available until expended: 
     Provided, That of the amounts available under this heading 
     not to exceed $45,000,000 shall be available for records 
     collection and indexing, imaging and coding, accounting for 
     per capita and judgment accounts, accounting for tribal 
     accounts, reviewing and distributing funds from special 
     deposit accounts, and program management of the Office of 
     Historical Trust Accounting, including litigation support: 
     Provided further, That nothing in the American Indian Trust 
     Management Reform Act of 1994, Public Law 103-412, or in any 
     other statute, and no principle of common law, shall be 
     construed or applied to require the Department of the 
     Interior to commence or continue historical accounting 
     activities with respect to the Individual Indian Money Trust 
     until the earlier of the following shall have occurred: (a) 
     Congress shall have amended the American Indian Trust 
     Management Reform Act of 1994 to delineate the specific 
     historical accounting obligations of the Department of the 
     Interior with respect to the Individual Indian Money Trust; 
     or (b) December 31, 2004: Provided further, That funds for 
     trust management improvements and litigation support may, as 
     needed, be transferred to or merged with the Bureau of Indian 
     Affairs, ``Operation of Indian Programs'' account; the Office 
     of the Solicitor, ``Salaries and Expenses'' account; and the 
     Departmental Management, ``Salaries and Expenses'' account: 
     Provided further, That funds made available to Tribes and 
     Tribal organizations through contracts or grants obligated 
     during fiscal year 2004, as authorized by the Indian Self-
     Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
     remain available until expended by the contractor or grantee: 
     Provided further, That notwithstanding any other provision of 
     law, the statute of limitations shall not commence to run on 
     any claim, including any claim in litigation pending on the 
     date of the enactment of this Act, concerning losses to or 
     mismanagement of trust funds, until the affected tribe or 
     individual Indian has been furnished with an accounting of 
     such funds from which the beneficiary can determine whether 
     there has been a loss: Provided further, That notwithstanding 
     any other provision of law, the Secretary shall not be 
     required to provide a quarterly statement of performance for 
     any Indian trust account that has not had activity for at 
     least 18 months and has a balance of $1.00 or less: Provided 
     further, That the Secretary shall issue an annual account 
     statement and maintain a record of any such accounts and 
     shall permit the balance in each such account to be withdrawn 
     upon the express written request of the account holder: 
     Provided further, That not to exceed $50,000 is available for 
     the Secretary to make payments to correct administrative 
     errors of either disbursements from or deposits to Individual 
     Indian Money or Tribal accounts after September 30, 2002: 
     Provided further, That erroneous payments that are recovered 
     shall be credited to and remain available in this account for 
     this purpose.

                       indian land consolidation

       For consolidation of fractional interests in Indian lands 
     and expenses associated with redetermining and redistributing 
     escheated interests in allotted lands, and for necessary 
     expenses to carry out the Indian Land Consolidation Act of 
     1983, as amended, by direct expenditure or cooperative 
     agreement, $21,980,000, to remain available until expended: 
     Provided, That funds provided under this heading may be 
     expended pursuant to the authorities contained in the 
     provisos under the heading ``Office of Special Trustee for 
     American Indians, Indian Land Consolidation'' of the 
     Interior and Related Agencies Appropriations Act, 2001 
     (Public Law 106-291).

           Natural Resource Damage Assessment and Restoration

                natural resource damage assessment fund

       To conduct natural resource damage assessment and 
     restoration activities by the Department of the Interior 
     necessary to carry out the provisions of the Comprehensive 
     Environmental Response, Compensation, and Liability Act, as 
     amended (42 U.S.C. 9601 et seq.), Federal Water Pollution 
     Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
     Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et 
     seq.), and Public Law 101-337, as amended (16 U.S.C. 19jj et 
     seq.), $5,633,000, to remain available until expended.

                       administrative provisions

       There is hereby authorized for acquisition from available 
     resources within the Working Capital Fund, 15 aircraft, 10 of 
     which shall be for replacement and which may be obtained by 
     donation, purchase or through available excess surplus 
     property: Provided, That existing aircraft being replaced may 
     be sold, with proceeds derived or trade-in value used to 
     offset the purchase price for the replacement aircraft: 
     Provided further, That no programs funded with appropriated 
     funds in the ``Departmental Management'', ``Office of the 
     Solicitor'', and ``Office of Inspector General'' may be 
     augmented through the Working Capital Fund: Provided further, 
     That the annual budget justification for Departmental 
     Management shall describe estimated Working Capital Fund 
     charges to bureaus and offices, including the methodology on 
     which charges are based: Provided further, That departures 
     from the Working Capital Fund estimates contained in the 
     Departmental Management budget justification shall be 
     presented to the Committees on Appropriations for approval: 
     Provided further, That the Secretary shall provide a semi-
     annual report to the Committees on Appropriations on 
     reimbursable support agreements between the Office of the 
     Secretary and the National Business Center and the bureaus 
     and offices of the Department, including the amounts billed 
     pursuant to such agreements.

             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

[[Page H9905]]

     to the Department of the Interior for emergencies shall have 
     been exhausted: Provided further, That all funds used 
     pursuant to this section are hereby designated by Congress to 
     be ``emergency requirements'' pursuant to section 502 of H. 
     Con. Res. 95, the concurrent resolution on the budget for 
     fiscal year 2004, and must be replenished by a supplemental 
     appropriation which must be requested as promptly as 
     possible.
       Sec. 102. The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of wildland fires on or threatening lands under 
     the jurisdiction of the Department of the Interior; for the 
     emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oil spills; for response and natural resource damage 
     assessment activities related to actual oil spills; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
     emergency reclamation projects under section 410 of Public 
     Law 95-87; and shall transfer, from any no year funds 
     available to the Office of Surface Mining Reclamation and 
     Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act: Provided, That appropriations made in 
     this title for wildland fire operations shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for wildland fire operations, such 
     reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof: Provided further, 
     That for wildland fire operations, no funds shall be made 
     available under this authority until the Secretary determines 
     that funds appropriated for ``wildland fire operations'' 
     shall be exhausted within 30 days: Provided further, That all 
     funds used pursuant to this section are hereby designated by 
     Congress to be ``emergency requirements'' pursuant to section 
     502 of H. Con. Res. 95, the concurrent resolution on the 
     budget for fiscal year 2004, and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible: Provided further, That such 
     replenishment funds shall be used to reimburse, on a pro rata 
     basis, accounts from which emergency funds were transferred.
       Sec. 103. Appropriations made in this title shall be 
     available for operation of warehouses, garages, shops, and 
     similar facilities, wherever consolidation of activities will 
     contribute to efficiency or economy, and said appropriations 
     shall be reimbursed for services rendered to any other 
     activity in the same manner as authorized by sections 1535 
     and 1536 of title 31, United States Code: Provided, That 
     reimbursements for costs and supplies, materials, equipment, 
     and for services rendered may be credited to the 
     appropriation current at the time such reimbursements are 
     received.
       Sec. 104. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; hire, 
     maintenance, and operation of aircraft; hire of passenger 
     motor vehicles; purchase of reprints; payment for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and the payment 
     of dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members.
       Sec. 105. Appropriations available to the Department of the 
     Interior for salaries and expenses shall be available for 
     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901-5902 and D.C. Code 4-204).
       Sec. 106. Annual appropriations made in this title shall be 
     available for obligation in connection with contracts issued 
     for services or rentals for periods not in excess of 12 
     months beginning at any time during the fiscal year.
       Sec. 107. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     preleasing, leasing and related activities placed under 
     restriction in the President's moratorium statement of June 
     12, 1998, in the areas of northern, central, and southern 
     California; the North Atlantic; Washington and Oregon; and 
     the eastern Gulf of Mexico south of 26 degrees north latitude 
     and east of 86 degrees west longitude.
       Sec. 108. No funds provided in this title may be expended 
     by the Department of the Interior to conduct offshore oil and 
     natural gas preleasing, leasing and related activities in the 
     eastern Gulf of Mexico planning area for any lands located 
     outside Sale 181, as identified in the final Outer 
     Continental Shelf 5-Year Oil and Gas Leasing Program, 
     1997-2002.
       Sec. 109. No funds provided in this title may be expended 
     by the Department of the Interior to conduct oil and natural 
     gas preleasing, leasing and related activities in the Mid-
     Atlantic and South Atlantic planning areas.
       Sec. 110. Notwithstanding any other provisions of law, the 
     National Park Service shall not develop or implement a 
     reduced entrance fee program to accommodate non-local travel 
     through a unit. The Secretary may provide for and regulate 
     local non-recreational passage through units of the National 
     Park System, allowing each unit to develop guidelines and 
     permits for such activity appropriate to that unit.
       Sec. 111. Advance payments made under this title to Indian 
     tribes, tribal organizations, and tribal consortia pursuant 
     to the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.) may be invested by the 
     Indian tribe, tribal organization, or consortium before such 
     funds are expended for the purposes of the grant, compact, or 
     annual funding agreement so long as such funds are--
       (1) invested by the Indian tribe, tribal organization, or 
     consortium only in obligations of the United States, or in 
     obligations or securities that are guaranteed or insured by 
     the United States, or mutual (or other) funds registered with 
     the Securities and Exchange Commission and which only invest 
     in obligations of the United States or securities that are 
     guaranteed or insured by the United States; or
       (2) deposited only into accounts that are insured by an 
     agency or instrumentality of the United States, or are fully 
     collateralized to ensure protection of the funds, even in the 
     event of a bank failure.
       Sec. 112. Appropriations made in this Act under the 
     headings Bureau of Indian Affairs and Office of Special 
     Trustee for American Indians and any unobligated balances 
     from prior appropriations Acts made under the same headings 
     shall be available for expenditure or transfer for Indian 
     trust management and reform activities, except that total 
     funding for historical accounting activities shall not exceed 
     amounts specifically designated in this Act for such purpose.
       Sec. 113. Notwithstanding any other provision of law, for 
     the purpose of reducing the backlog of Indian probate cases 
     in the Department of the Interior, the hearing requirements 
     of chapter 10 of title 25, United States Code, are deemed 
     satisfied by a proceeding conducted by an Indian probate 
     judge, appointed by the Secretary without regard to the 
     provisions of title 5, United States Code, governing the 
     appointments in the competitive service, for such period of 
     time as the Secretary determines necessary: Provided, That 
     the basic pay of an Indian probate judge so appointed may be 
     fixed by the Secretary without regard to the provisions of 
     chapter 51, and subchapter III of chapter 53 of title 5, 
     United States Code, governing the classification and pay of 
     General Schedule employees, except that no such Indian 
     probate judge may be paid at a level which exceeds the 
     maximum rate payable for the highest grade of the General 
     Schedule, including locality pay.
       Sec. 114. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to redistribute any 
     Tribal Priority Allocation funds, including tribal base 
     funds, to alleviate tribal funding inequities by transferring 
     funds to address identified, unmet needs, dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies. No tribe shall receive a reduction in Tribal 
     Priority Allocation funds of more than 10 percent in fiscal 
     year 2004. Under circumstances of dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies, the 10 percent limitation does not apply.
       Sec. 115. Funds appropriated for the Bureau of Indian 
     Affairs for postsecondary schools for fiscal year 2004 shall 
     be allocated among the schools proportionate to the unmet 
     need of the schools as determined by the Postsecondary 
     Funding Formula adopted by the Office of Indian Education 
     Programs.
       Sec. 116. (a) The Secretary of the Interior shall take such 
     action as may be necessary to ensure that the lands 
     comprising the Huron Cemetery in Kansas City, Kansas (as 
     described in section 123 of Public Law 106-291) are used only 
     in accordance with this section.
       (b) The lands of the Huron Cemetery shall be used only: (1) 
     for religious and cultural uses that are compatible with the 
     use of the lands as a cemetery; and (2) as a burial ground.
       Sec. 117. Notwithstanding any other provision of law, in 
     conveying the Twin Cities Research Center under the authority 
     provided by Public Law 104-134, as amended by Public Law 104-
     208, the Secretary may accept and retain land and other forms 
     of reimbursement: Provided, That the Secretary may retain and 
     use any such reimbursement until expended and without further 
     appropriation: (1) for the benefit of the National Wildlife 
     Refuge System within the State of Minnesota; and (2) for all 
     activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
       Sec. 118. Notwithstanding other provisions of law, the 
     National Park Service hereafter may authorize, through 
     cooperative agreement, the Golden Gate National Parks 
     Association to provide fee-based education, interpretive and 
     visitor service functions within the Crissy Field and Fort 
     Point areas of the Presidio.
       Sec. 119. Notwithstanding 31 U.S.C. 3302(b), sums received 
     by the Bureau of Land Management for the sale of seeds or 
     seedlings including those collected in fiscal year 2003, may 
     be credited to the appropriation from which funds were 
     expended to acquire or grow the seeds or seedlings and are 
     available without fiscal year limitation.
       Sec. 120. Subject to the terms and conditions of section 
     126 of the Department of the Interior and Related Agencies 
     Act, 2002, the Administrator of General Services shall sell 
     all right, title, and interest of the United States in and to 
     the improvements and equipment of the White River Oil Shale 
     Mine.
       Sec. 121. The Secretary of the Interior may use or contract 
     for the use of helicopters or motor vehicles on the Sheldon 
     and Hart National Wildlife Refuges for the purpose of 
     capturing and transporting horses and burros. The provisions 
     of subsection (a) of the Act of September 8, 1959 (18 U.S.C. 
     47(a)) shall not be applicable to such use. Such use shall 
     be in accordance with humane procedures prescribed by the 
     Secretary.

[[Page H9906]]

       Sec. 122. Of the funds made available under the heading 
     ``Bureau of Land Management, Land Acquisition'' in title I of 
     the Department of the Interior and Related Agencies 
     Appropriation Act, 2002 (115 Stat. 420), the Secretary of the 
     Interior shall grant $500,000 to the City of St. George, 
     Utah, for the purchase of the land as provided in the Virgin 
     River Dinosaur Footprint Preserve Act (116 Stat. 2896), with 
     any surplus funds available after the purchase to be 
     available for the purpose of the preservation of the land and 
     the paleontological resources on the land.
       Sec. 123. Funds provided in this Act for Federal land 
     acquisition by the National Park Service for Shenandoah 
     Valley Battlefields National Historic District, New Jersey 
     Pinelands Preserve, 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. 124. None of the funds made available by this Act may 
     be obligated or expended by the National Park Service to 
     enter into or implement a concession contract which permits 
     or requires the removal of the underground lunchroom at the 
     Carlsbad Caverns National Park.
       Sec. 125. 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. 126. 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. 127. 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. 128. 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. 129. 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. 130. 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. 131. (a) In General.--Nothing in section 134 of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 2002 (115 Stat. 443) affects the decision 
     of the United States Court of Appeals for the 10th Circuit in 
     Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).
       (b) Use of Certain Indian Land.--Nothing in this section 
     permits the conduct of gaming under the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) on land described in 
     section 123 of the Department of the Interior and Related 
     Agencies Appropriations Act, 2001 (114 Stat. 944), or land 
     that is contiguous to that land, regardless of whether the 
     land or contiguous land has been taken into trust by the 
     Secretary of the Interior.
       Sec. 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. Notwithstanding the limitation in subparagraph 
     (2)(B) of section 18(a) of the Indian Gaming Regulatory Act 
     (25 U.S.C. 2717(a)), the total amount of all fees imposed by 
     the National Indian Gaming Commission for fiscal year 2005 
     shall not exceed $12,000,000.
       Sec. 134. The State of Utah's contribution requirement 
     pursuant to Public Law 105-363 shall be deemed to have been 
     satisfied and within thirty days of enactment of this Act, 
     the Secretary of the Interior shall transfer to the State of 
     Utah all right, title, and interest of the United States in 
     and to the Wilcox Ranch lands acquired under section 2(b) of 
     Public Law 105-363, for management by the Utah Division of 
     Wildlife Resources for wildlife habitat and public access to 
     the Ranch as well as to adjacent lands managed by the Bureau 
     of Land Management.
       Sec. 135. Upon enactment of this Act, the Congaree Swamp 
     National Monument shall be designated the Congaree National 
     Park.
       Sec. 136. (a) Section 122 of division F of Public Law 108-7 
     is amended as follows:
       (1) 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).''.
       (2) 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.''.
       (3) 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 
     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.''.
       (b) Notwithstanding the provisions of paragraph (b)(1) of 
     section 122 of division F of Public Law 108-7, as amended by 
     this Act, the Saginaw-Chippewa tribal school and the Redwater 
     Elementary School shall receive priority for funding 
     available in fiscal year 2004. The Saginaw-Chippewa tribal 
     school shall receive $3,000,000 from prior year funds, and 
     the Redwater Elementary School shall receive $6,000,000 
     available in fiscal year 2004.
       Sec. 137. The Secretary shall have no more than one hundred 
     and eighty days from October 1, 2003, to prepare and submit 
     to the Congress, in a manner otherwise consistent with the 
     Indian Tribal Judgment Funds Use or Distribution Act (25 
     U.S.C. 1401 et seq.), plans for the use and distribution of 
     the Mescalero Apache Tribe's Judgment Funds from Docket 92-
     403L, the Pueblo of Isleta's Judgment Funds from Docket 98-
     166L, and the Assiniboine and Sioux Tribes of the Fort Peck 
     Reservation's Judgment Funds in Docket No. 773-87-L of the 
     United States Court of Federal Claims; each plan shall become 
     effective upon the expiration of a sixty day period beginning 
     on the day each plan is submitted to the Congress.
       Sec. 138. (a) Short Title.--This section may be cited as 
     the ``Eastern Band of Cherokee Indians Land Exchange Act of 
     2003''.
       (b) Findings and Purposes.--
       (1) Findings.--Congress finds the following:
       (A) Since time immemorial, the ancestors of the Eastern 
     Band of Cherokee Indians have lived in the Great Smoky 
     Mountains of North Carolina. The Eastern Band's ancestral 
     homeland includes substantial parts of seven eastern States 
     and the land that now constitutes the Great Smoky Mountains 
     National Park.
       (B) The Eastern Band has proposed a land exchange with the 
     National Park Service and has spent over $1,500,000 for 
     studies to thoroughly inventory the environmental and 
     cultural resources of the proposed land exchange parcels.
       (C) Such land exchange would benefit the American public by 
     enabling the National Park Service to acquire the Yellow Face 
     tract, comprising 218 acres of land adjacent to the Blue 
     Ridge Parkway.
       (D) Acquisition of the Yellow Face tract for protection by 
     the National Park Service would serve the public interest by 
     preserving important views for Blue Ridge Parkway visitors, 
     preserving habitat for endangered species and threatened 
     species including the northern flying squirrel and the rock 
     gnome lichen, preserving valuable high altitude wetland 
     seeps, and preserving the property from rapidly advancing 
     residential development.
       (E) The proposed land exchange would also benefit the 
     Eastern Band by allowing it to acquire the Ravensford tract, 
     comprising 143 acres adjacent to the Tribe's trust territory 
     in Cherokee, North Carolina, and currently within the Great 
     Smoky Mountains National Park and Blue Ridge Parkway. The 
     Ravensford tract is part of the Tribe's ancestral homeland as 
     evidenced by archaeological finds dating back no less than 
     6,000 years.
       (F) The Eastern Band has a critical need to replace the 
     current Cherokee Elementary School, which was built by the 
     Department of the Interior over 40 years ago with a capacity 
     of 480 students. The school now hosts 794 students in 
     dilapidated buildings and mobile classrooms at a dangerous 
     highway intersection in downtown Cherokee, North Carolina.
       (G) The Eastern Band ultimately intends to build a new 
     three-school campus to serve as an environmental, cultural, 
     and educational ``village,'' where Cherokee language and 
     culture can be taught alongside the standard curriculum.
       (H) The land exchange and construction of this educational 
     village will benefit the American public by preserving 
     Cherokee traditions and fostering a vibrant, modern, and 
     well-educated Indian nation.
       (I) The land exchange will also reunify tribal reservation 
     lands now separated between the Big Cove Community and the 
     balance of the Qualla Boundary, reestablishing the 
     territorial integrity of the Eastern Band.

[[Page H9907]]

       (J) The Ravensford tract contains no threatened species or 
     endangered species listed pursuant to the Endangered Species 
     Act of 1973. The 218-acre Yellow Face tract has a number of 
     listed threatened species and endangered species and a higher 
     appraised value than the 143-acre Ravensford tract.
       (K) The American public will benefit from the Eastern 
     Band's commitment to mitigate any impacts on natural and 
     cultural resources on the Ravensford tract, by among other 
     things reducing the requested acreage from 168 to 143 acres.
       (L) The Congress and the Department of the Interior have 
     approved land exchanges in the past when the benefits to the 
     public and requesting party are clear, as they are in this 
     case.
       (2) Purposes.--The purposes of this section are the 
     following:
       (A) To acquire the Yellow Face tract for protection by the 
     National Park Service, in order to preserve the Waterrock 
     Knob area's spectacular views, endangered species and high 
     altitude wetland seeps from encroachment by housing 
     development, for the benefit and enjoyment of the American 
     public.
       (B) To transfer the Ravensford tract, to be held in trust 
     by the United States for the benefit of the Eastern Band of 
     Cherokee Indians, in order to provide for an education 
     facility that promotes the cultural integrity of the Eastern 
     Band and to reunify two Cherokee communities that were 
     historically contiguous, while mitigating any impacts on 
     natural and cultural resources on the tract.
       (C) To promote cooperative activities and partnerships 
     between the Eastern band and the National Park Service within 
     the Eastern Band's ancestral homelands.
       (c) Land Exchange.--
       (1) In general.--The Secretary of the Interior 
     (``Secretary'') shall exchange the Ravensford tract, 
     currently in the Great Smoky Mountains National Park and the 
     Blue Ridge Parkway, for the Yellow Face tract adjacent to the 
     Waterrock Knob Visitor Center on the Blue Ridge Parkway.
       (2) Treatment of exchanged lands.--Effective upon receipt 
     by the Secretary of a deed or deeds satisfactory to the 
     Secretary for the lands comprising the Yellow Face tract (as 
     described in subsection (3)) to the United States, all right, 
     title, and interest of the United States in and to the 
     Ravensford tract (as described in subsection (4)), including 
     all improvements and appurtenances, are declared to be held 
     in trust by the United States for the benefit of the Eastern 
     Band of Cherokee Indians as part of the Cherokee Indian 
     Reservation.
       (3) Yellow face tract.--The Yellow Face tract shall contain 
     Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face 
     Section, Qualla Township, Jackson County, North Carolina, 
     which consist altogether of approximately 218 acres and are 
     depicted as the ``Yellow Face Tract'' on the map entitled 
     ``Land Exchange Between the National Park Service and the 
     Eastern Band of Cherokee Indians,'' numbered 133/80020A, and 
     dated November 2002. The map shall be on file and available 
     for public inspection in the appropriate offices of the 
     National Park Service and the Bureau of Indian Affairs. Upon 
     completion of the land exchange, the Secretary shall adjust 
     the boundary of the Blue Ridge Parkway to include such lands 
     and shall manage the lands as part of the parkway.
       (4) Ravensford tract.--The lands declared by subsection (2) 
     to be held in trust for the Eastern Band of Cherokee Indians 
     shall consist of approximately 143 acres depicted as the 
     ``Ravensford Tract'' on the map identified in subsection (3). 
     Upon completion of the land exchange, the Secretary shall 
     adjust the boundaries of Great Smoky Mountains National Park 
     and the Blue Ridge Parkway to exclude such lands.
       (5) Legal descriptions.--Not later than 1 year after the 
     date of enactment of this section, the Secretary of the 
     Interior shall file a legal description of the areas 
     described in subsections (3) and (4) with the Committee on 
     Resources of the House of Representatives and the Committee 
     on Indian Affairs and the Committee on Energy and Natural 
     Resources of the Senate. Such legal descriptions shall have 
     the same force and effect as if the information contained in 
     the description were included in those subsections except 
     that the Secretary may correct clerical and typographical 
     errors in such legal descriptions. The legal descriptions 
     shall be on file and available for public inspection in the 
     offices of the National Park Service and the Bureau of Indian 
     Affairs.
       (d) Implementation Process.--
       (1) Government-to-government agreements.--In order to 
     fulfill the purposes of this section and to establish 
     cooperative partnerships for purposes of this section the 
     Director of the National Park Service and the Eastern Band of 
     Cherokee Indians shall enter into government-to-government 
     consultations and shall develop protocols to review planned 
     construction on the Ravensford tract. The Director of the 
     National Park Service is authorized to enter into cooperative 
     agreements with the Eastern Band for the purpose of providing 
     training, management, protection, preservation, and 
     interpretation of the natural and cultural resources on the 
     Ravensford tract.
       (2) Construction standards.--Recognizing the mutual 
     interests and responsibilities of the Eastern Band of 
     Cherokee Indians and the National Park Service for the 
     conservation and protection of the resources on the 
     Ravensford tract, the National Park Service and the Eastern 
     Band shall develop mutually agreed upon standards for size, 
     impact, and design of construction consistent with the 
     purposes of this section on the Ravensford tract. The 
     standards shall be consistent with the Eastern Band's need to 
     develop educational facilities and support infrastructure 
     adequate for current and future generations and shall 
     otherwise minimize or mitigate any adverse impacts on natural 
     or cultural resources. The standards shall be based on 
     recognized best practices for environmental sustainability 
     and shall be reviewed periodically and revised as necessary. 
     Development of the tract shall be limited to a road and 
     utility corridor, an educational campus, and the 
     infrastructure necessary to support such development. No new 
     structures shall be constructed on the part of the Ravensford 
     tract depicted as the ``No New Construction'' area on the map 
     referred to in subsection (c)(3), which is generally the area 
     north of the point where Big Cove Road crosses the Raven Fork 
     River. All development on the Ravensford tract shall be 
     conducted in a manner consistent with this section and such 
     development standards.
       (e) Gaming Prohibition.--Gaming as defined and regulated by 
     the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 
     shall be prohibited on the Ravensford tract.
       Sec. 139. Notwithstanding any implementation of the 
     Department of the Interior's trust reorganization plan within 
     fiscal years 2003 or 2004, funds appropriated for fiscal year 
     2004 shall be available to the tribes within the California 
     Tribal Trust Reform Consortium and to the Salt River Pima 
     Maricopa Indian Community, the Confederated Salish-Kootenai 
     Tribes of the Flathead Reservation and the Chippewa Cree 
     Tribe of the Rocky Boys Reservation on the same basis as 
     funds were distributed in fiscal year 2003. This 
     Demonstration Project shall operate separate and apart from 
     the Department of the Interior's trust reform reorganization, 
     and the Department shall not impose its trust management 
     infrastructure upon or alter the existing trust resource 
     management systems of the above referenced tribes having a 
     self-governance compact and operating in accordance with the 
     Tribal Self-Governance Program set forth in 25 U.S.C. 
     Sections 458aa-458hh: Provided, That the California Trust 
     Reform Consortium and any other participating tribe agree to 
     carry out their responsibilites under the same fiduciary 
     standards as those to which the Secretary of the Interior is 
     held: Provided further, That they demonstrate to the 
     satisfaction of the Secretary that they have the capability 
     to do so.
       Sec. 140. (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

[[Page H9908]]

     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 nine members, of whom--

       (I) two members shall be appointed by AdvantageWest;
       (II) two members shall be appointed by HandMade In America, 
     Inc.;
       (III) one member shall be appointed by the Education 
     Research Consortium of Western North Carolina;
       (IV) one member shall be appointed by the Eastern Band of 
     the Cherokee Indians; and
       (V) three 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--
       (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

[[Page H9909]]

     this section terminates on the date that is 15 years after 
     the date of enactment of this section.
       Sec. 141. (a) Payment to the Harriet Tubman Home, Auburn, 
     New York, Authorized.--(1) The Secretary of the Interior may, 
     using amounts appropriated or otherwise made available by 
     this title, make a payment to the Harriet Tubman Home in 
     Auburn, New York, in the amount of $11,750.
       (2) The amount specified in paragraph (1) is the amount of 
     widow's pension that Harriet Tubman should have received from 
     January 1899 to March 1913 under various laws authorizing 
     pension for the death of her husband, Nelson Davis, a 
     deceased veteran of the Civil War, but did not receive, 
     adjusted for inflation since March 1913.
       (b) Use of Amounts.--The Harriet Tubman Home shall use 
     amounts paid under subsection (a) for the purposes of--
       (1) preserving and maintaining the Harriet Tubman Home; and
       (2) honoring the memory of Harriet Tubman.
       Sec. 142. Nonrenewable grazing permits authorized in the 
     Jarbidge Field Office, Bureau of Land Management within the 
     past seven years shall be renewed under section 402 of the 
     Federal Land Policy and Management Act of 1976, as amended 
     (43 U.S.C. 1752) and under section 3 of the Taylor Grazing 
     Act of 1934, as amended (43 U.S.C. 315b). The terms and 
     conditions contained in the most recently expired 
     nonrenewable grazing permit shall continue in effect under 
     the renewed permit. Upon completion of any required analysis 
     or documentation, the permit may be canceled, suspended or 
     modified, in whole or in part, to meet the requirements of 
     applicable laws and regulations. Nothing in this section 
     shall be deemed to extend the nonrenewable permits beyond the 
     standard one-year term.
       Sec. 143. Interim Compensation Payments.--Section 2303(b) 
     of Public Law 106-246 (114 Stat. 549) is amended by inserting 
     before the period at the end the following: ``, unless the 
     amount of the interim compensation exceeds the amount of the 
     final compensation''.
       Sec. 144. Pursuant to section 10101f(d)(3) of the Omnibus 
     Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3), the 
     following claims shall be given notice of defect and the 
     opportunity to cure: AKFF054162-AKFF054163, AKFF054165-
     AKFF054166, and AKFF054170-AKFF054171.
       Sec. 145. None of the funds appropriated or otherwise made 
     available by this or any other Act, hereafter enacted, may be 
     used to permit the use of the National Mall for a special 
     event, unless the permit expressly prohibits the erection, 
     placement, or use of structures and signs bearing commercial 
     advertising. The Secretary may allow for recognition of 
     sponsors of special events: Provided, That the size and form 
     of the recognition shall be consistent with the special 
     nature and sanctity of the Mall and any lettering or design 
     identifying the sponsor shall be no larger than one-third the 
     size of the lettering or design identifying the special 
     event. In approving special events, the Secretary shall 
     ensure, to the maximum extent practicable, that public use 
     of, and access to the Mall is not restricted. For purposes of 
     this section, the term ``special event'' shall have the 
     meaning given to it by section 7.96(g)(1)(ii) of title 36, 
     Code of Federal Regulations.
       Sec. 146. In addition to amounts provided to the Department 
     of the Interior in this Act, $5,000,000 is provided for a 
     grant to Kendall County, Illinois.
       Sec. 147. Conveyance to the City of Las Vegas, Nevada.--
     Section 705(b) of the Clark County Conservation of Public 
     Land and Natural Resources Act of 2002 (116 Stat. 2015) is 
     amended by inserting after ``map'' the following: ``and the 
     approximately 10 acres of land in Clark County, Nevada, 
     described as the NW\1/4\ SE\1/4\ SW\1/4\ of section 28, T. 20 
     S., R. 60 E., Mount Diablo Base and Meridian''.
       Sec. 148.  Congaree Swamp National Monument Boundary 
     Revision.--The first section of Public Law 94-545 (90 Stat. 
     2517; 102 Stat. 2607) is amended--
       (1) in subsection (b), by striking the last sentence; and
       (2) by adding at the end the following:
       ``(c) Acquisition of Additional Land.--
       ``(1) In general.--The Secretary may acquire by donation, 
     by purchase from a willing seller with donated or 
     appropriated funds, by transfer, or by exchange, land or an 
     interest in land described in paragraph (2) for inclusion in 
     the monument.
       ``(2) Description of land.--The land referred to in 
     paragraph (1) is the approximately 4,576 acres of land 
     adjacent to the Monument, as depicted on the map entitled 
     ``Congaree National Park Boundary Map'', numbered 178/80015, 
     and dated August 2003.
       ``(3) Availability of map.--The map referred to in 
     paragraph (2) shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       ``(4) Boundary revision.--On acquisition of the land or an 
     interest in land under paragraph (1), the Secretary shall 
     revise the boundary of the monument to reflect the 
     acquisition.
       ``(5) Administration.--Any land acquired by the Secretary 
     under paragraph (1) shall be administered by the Secretary as 
     part of the monument.
       ``(6) Effect.--Nothing in this section--
       ``(A) affects the use of private land adjacent to the 
     monument;
       ``(B) preempts the authority of the State with respect to 
     the regulation of hunting, fishing, boating, and wildlife 
     management on private land or water outside the boundaries of 
     the monument; or
       ``(C) negatively affects the economic development of the 
     areas surrounding the monument.
       ``(d) Acreage Limitation.--The total acreage of the 
     monument shall not exceed 26,776 acres.''.
       Sec. 149. Section 104 (16 U.S.C. 1374) is amended in 
     subsection (c)(5)(D) by striking ``the date of the enactment 
     of the Marine Mammal Protection Act Amendments of 1994'' and 
     inserting ``February 18, 1997''.
       Sec. 150. The National Park Service shall issue a special 
     regulation concerning continued hunting at New River Gorge 
     National River in compliance with the requirements of the 
     Administrative Procedures Act, with opportunity for public 
     comment, and shall also comply with the National 
     Environmental Policy Act as appropriate. Notwithstanding any 
     other provision of law, the September 25, 2003 interim final 
     rule authorizing continued hunting at New River Gorge 
     National River shall be in effect until the final special 
     regulation supercedes it.

                       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, $269,710,000, to remain available until 
     expended: Provided, That of the funds provided, $52,359,000 
     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, $308,140,000, to 
     remain available until expended, as authorized by law of 
     which $64,934,000 is to be derived from the Land and Water 
     Conservation Fund: 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: Provided further, That 
     notwithstanding any other provision of law, of the funds 
     provided under this heading, $500,000 shall be made available 
     to Kake Tribal Corporation as an advance direct lump sum 
     payment to implement the Kake Tribal Corporation Land 
     Transfer Act (Public Law 106-283).

                         national forest system

       For necessary expenses of the Forest Service, not otherwise 
     provided for, for management, protection, improvement, and 
     utilization of the National Forest System, $1,382,916,000, 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: Provided further, That of the funds 
     provided under this heading for Forest Products, $5,000,000 
     shall be allocated to the Alaska Region, in addition to its 
     normal allocation for the purposes of preparing additional 
     timber for sale, to establish a 3-year timber supply and such 
     funds may be transferred to other appropriations accounts as 
     necessary to maximize accomplishment: Provided further, That 
     of the funds provided under this heading, $3,150,000 is for 
     expenses required to implement title I of Public Law 106-248, 
     to be segregated in a separate fund established by the 
     Secretary of Agriculture: Provided further, That within funds 
     available for the purpose of implementing the Valles Caldera 
     Preservation Act, notwithstanding the limitations of section 
     107(e)(2) of the Valles Caldera Preservation Act (Public Law 
     106-248), for fiscal year 2004, the Chair of the Board of 
     Trustees of the Valles Caldera Trust may receive, upon 
     request, compensation for each day (including travel time) 
     that the Chair is engaged in the performance of the functions 
     of the Board, except that compensation shall not exceed the 
     daily equivalent of the annual rate in effect for members of 
     the Senior Executive Service at the ES-1 level, and shall be 
     in addition to any reimbursement for travel, subsistence and 
     other necessary expenses incurred by the Chair in the 
     performance of the Chair's duties.
       For an additional amount to reimburse the Judgment Fund as 
     required by 41 U.S.C. 612(c) for judgment liabilities 
     previously incurred, $188,405,000.

                        wildland fire management

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, hazardous fuels reduction on 
     or adjacent to such lands, and for emergency rehabilitation 
     of burned-over National Forest System lands and water, 
     $1,643,212,000, to remain available until expended: Provided, 
     That such funds including

[[Page H9910]]

     unobligated balances under this head, are available for 
     repayment of advances from other appropriations accounts 
     previously transferred for such purposes: Provided further, 
     That such funds shall be available to reimburse State and 
     other cooperating entities for services provided in response 
     to wildfire and other emergencies or disasters to the extent 
     such reimbursements by the Forest Service for non-fire 
     emergencies are fully repaid by the responsible emergency 
     management agency: Provided further, That not less than 50 
     percent of any unobligated balances remaining (exclusive of 
     amounts for hazardous fuels reduction) at the end of fiscal 
     year 2003 shall be transferred, as repayment for past 
     advances that have not been repaid, to the fund established 
     pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et 
     seq.): Provided further, That notwithstanding any other 
     provision of law, $8,000,000 of funds appropriated under this 
     appropriation shall be used for Fire Science Research in 
     support of the Joint Fire Science Program: Provided further, 
     That all authorities for the use of funds, including the use 
     of contracts, grants, and cooperative agreements, available 
     to execute the Forest and Rangeland Research appropriation, 
     are also available in the utilization of these funds for Fire 
     Science Research: Provided further, That funds provided shall 
     be available for emergency rehabilitation and restoration, 
     hazardous fuels reduction activities in the urban-wildland 
     interface, support to Federal emergency response, and 
     wildfire suppression activities of the Forest Service: 
     Provided further, That of the funds provided, $236,392,000 is 
     for hazardous fuels reduction activities, $7,000,000 is for 
     rehabilitation and restoration, $22,300,000 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.), $51,700,000 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: Provided further, That amounts in 
     this paragraph may be transferred to the ``State and Private 
     Forestry'', ``National Forest System'', and ``Forest and 
     Rangeland Research'' accounts to fund State fire assistance, 
     volunteer fire assistance, forest health management, forest 
     and rangeland research, vegetation and watershed management, 
     heritage site rehabilitation, 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 statement of managers 
     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 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.
       For an additional amount, $301,000,000, to repay prior year 
     advances from other appropriations from which funds were 
     transferred for wildfire suppression and emergency 
     rehabilitation activities: Provided, That this additional 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 502 of H. Con. Res. 95 (108th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2004: Provided further, That this additional amount and 
     $253,000,000 of the funds appropriated to the Forest Service 
     for the repayment of advances for fire suppression in Public 
     Law 108-83, shall be transferred to the following Forest 
     Service accounts: $96,000,000 to the Land Acquisition 
     account, $95,000,000 to the Capital Improvement and 
     Maintenance account, $9,000,000 to the Working Capital Fund, 
     $52,000,000 to the National Forest System account, 
     $31,000,000 to the State and Private Forestry account, 
     $10,000,000 to the Forest and Rangeland Research account, 
     $35,000,000 to the Salvage Sale fund, $28,000,000 to the 
     Timber Purchaser Election account, $154,000,000 to the 
     Knutson Vandenburg fund, $20,000,000 to the Brush Disposal 
     account, $14,000,000 to the Forest Service Recreation Fee 
     Demonstration fund, and $10,000,000 to the Forest Land 
     Enhancement Program account.

                  capital improvement and maintenance

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $562,154,000, 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: Provided further, That the Forest Service shall 
     transfer $350,000 appropriated in Public Law 108-7 within the 
     Capital Improvement and Maintenance appropriation to the 
     State and Private Forestry appropriation, and shall provide 
     these funds for planning and construction of backcountry huts 
     in Alaska.

                            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, $67,191,000, to be derived from the Land and 
     Water Conservation Fund and to remain available until 
     expended: Provided, That notwithstanding any limitations of 
     the Land and Water Conservation Fund Act (16 U.S.C. 460l-9), 
     the Secretary of Agriculture is henceforth authorized to 
     utilize any funds appropriated under this heading from the 
     Land and Water Conservation Fund to acquire Mental Health 
     Trust lands in Alaska and, upon Federal acquisition, the 
     boundaries of the Tongass National Forest shall be deemed 
     modified to include such lands.

         acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

       For acquisition of lands, such sums, to be derived from 
     funds deposited by State, county, or municipal governments, 
     public school districts, or other public school authorities, 
     and for authorized expenditures from funds deposited by non-
     federal parties pursuant to Land Sale and Exchange Acts, 
     pursuant to the Act of December 4, 1967, as amended (16 
     U.S.C. 484a), to remain available until expended.

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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

        management of national forest lands for subsistence uses

       For necessary expenses of the Forest Service to manage 
     federal lands in Alaska for subsistence uses under title VIII 
     of the Alaska National Interest Lands Conservation Act 
     (Public Law 96-487), $5,535,000, to remain available until 
     expended.

               administrative provisions, forest service

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of not to exceed 
     124 passenger motor vehicles of which 21 will be used 
     primarily for law enforcement purposes and of which 124 shall 
     be for replacement; acquisition of 25 passenger motor 
     vehicles from excess sources, and hire of such vehicles; 
     operation and maintenance of aircraft to maintain the 
     operable fleet at 195 aircraft for use in Forest Service 
     wildland fire programs and other Forest Service programs; 
     notwithstanding other provisions of law, existing aircraft 
     being replaced may be sold, with proceeds derived or trade-in 
     value used to offset the purchase price for the replacement 
     aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to 
     exceed $100,000 for employment under

[[Page H9911]]

     5 U.S.C. 3109; (3) purchase, erection, and alteration of 
     buildings and other public improvements (7 U.S.C. 2250); (4) 
     acquisition of land, waters, and interests therein pursuant 
     to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers 
     in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 
     558a note); (6) the cost of uniforms as authorized by 5 
     U.S.C. 5901-5902; and (7) for debt collection contracts in 
     accordance with 31 U.S.C. 3718(c).
       None of the funds made available under this Act shall be 
     obligated or expended to abolish any region, to move or close 
     any regional office for National Forest System administration 
     of the Forest Service, Department of Agriculture without the 
     consent of the House and Senate Committees on Appropriations.
       Any appropriations or funds available to the Forest Service 
     may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions if and only if all previously appropriated 
     emergency contingent funds under the heading ``Wildland Fire 
     Management'' have been released by the President and 
     apportioned and all wildfire suppression funds under the 
     heading ``Wildland Fire Management'' are obligated.
       The first transfer of funds into the Wildland Fire 
     Management account shall include unobligated funds, if 
     available, from the Land Acquisition account and the Forest 
     Legacy program within the State and Private Forestry account.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development and the Foreign Agricultural Service in 
     connection with forest and rangeland research, technical 
     information, and assistance in foreign countries, and shall 
     be available to support forestry and related natural resource 
     activities outside the United States and its territories and 
     possessions, including technical assistance, education and 
     training, and cooperation with United States and 
     international organizations.
       None of the funds made available to the Forest Service 
     under this Act shall be subject to transfer under the 
     provisions of section 702(b) of the Department of Agriculture 
     Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless 
     the proposed transfer is approved in advance by the House and 
     Senate Committees on Appropriations in compliance with the 
     reprogramming procedures contained in the statement of 
     managers accompanying this Act.
       None of the funds available to the Forest Service may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     reprogramming procedures contained in the statement of 
     managers accompanying this Act.
       No funds available to the Forest Service shall be 
     transferred to the Working Capital Fund of the Department of 
     Agriculture that exceed the total amount transferred during 
     fiscal year 2000 for such purposes without the advance 
     approval of the House and Senate Committees on 
     Appropriations.
       Funds available to the Forest Service shall be available to 
     conduct a program of not less than $2,000,000 for high 
     priority projects within the scope of the approved budget 
     which shall be carried out by the Youth Conservation Corps.
       Of the funds available to the Forest Service, $2,500 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, $3,000,000 
     may be advanced in a lump sum to the National Forest 
     Foundation to aid conservation partnership projects in 
     support of the Forest Service mission, without regard to when 
     the Foundation incurs expenses, for administrative expenses 
     or projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That of the 
     Federal funds made available to the Foundation, no more than 
     $350,000 shall be available for administrative expenses: 
     Provided further, That the Foundation shall obtain, by the 
     end of the period of Federal financial assistance, private 
     contributions to match on at least one-for-one basis funds 
     made available by the Forest Service: Provided further, That 
     the Foundation may transfer Federal funds to a non-Federal 
     recipient for a project at the same rate that the recipient 
     has obtained the non-Federal matching funds: Provided 
     further, That authorized investments of Federal funds held by 
     the Foundation may be made only in interest-bearing 
     obligations of the United States or in obligations guaranteed 
     as to both principal and interest by the United States.
       Pursuant to section 2(b)(2) of Public Law 98-244, 
     $2,650,000 of the funds available to the Forest Service shall 
     be available for matching funds to the National Fish and 
     Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, 
     and may be advanced in a lump sum to aid conservation 
     partnership projects in support of the Forest Service 
     mission, without regard to when expenses are incurred, for 
     projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That the 
     Foundation shall obtain, by the end of the period of Federal 
     financial assistance, private contributions to match on at 
     least one-for-one basis funds advanced by the Forest Service: 
     Provided further, That the Foundation may transfer Federal 
     funds to a non-Federal recipient for a project at the same 
     rate that the recipient has obtained the non-Federal matching 
     funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities for sustainable rural development purposes.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to sections 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Agriculture shall submit to 
     Congress, and make available to interested persons, a report 
     containing the results of a management review of outfitter 
     and guiding operations in the John Muir, Ansel Adams, and 
     Dinkey Lakes Wilderness Areas of the Inyo and Sierra National 
     Forests, California. The report shall include information 
     regarding: (1) how the Secretary intends to minimize adverse 
     impacts on the historic access rights of special use 
     permittees in these three wilderness areas; and (2) how the 
     Secretary intends to ensure timely compliance with the 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
       Notwithstanding any other provision of law, any 
     appropriations or funds available to the Forest Service not 
     to exceed $500,000 may be used to reimburse the Office of the 
     General Counsel (OGC), Department of Agriculture, for travel 
     and related expenses incurred as a result of OGC assistance 
     or participation requested by the Forest Service at meetings, 
     training sessions, management reviews, land purchase 
     negotiations and similar non-litigation related matters. 
     Future budget justifications for both the Forest Service and 
     the Department of Agriculture should clearly display the sums 
     previously transferred and the requested funding transfers.
       Any appropriations or funds available to the Forest Service 
     may be used for necessary expenses in the event of law 
     enforcement emergencies as necessary to protect natural 
     resources and public or employee safety: Provided, That such 
     amounts shall not exceed $1,000,000.
       From funds available to the Forest Service in this Act for 
     payment of costs in accordance with subsection 413(d) of 
     Title IV, Public Law 108-7, $3,000,000 shall be transferred 
     by the Secretary of Agriculture to the Secretary of the 
     Treasury to make reimbursement payments as provided in such 
     subsection.
       The Secretary of Agriculture may authorize the sale of 
     excess buildings, facilities, and other properties owned by 
     the Forest Service and located on the Green Mountain National 
     Forest, the revenues of which shall be retained by the Forest 
     Service and available to the Secretary without further 
     appropriation and until expended for maintenance and 
     rehabilitation activities on the Green Mountain National 
     Forest.
       The Secretary of Agriculture may transfer or reimburse 
     funds available to the Forest Service, not to exceed 
     $15,000,000, to the Secretary of the Interior or the 
     Secretary of Commerce to expedite conferencing and 
     consultations as required under section 7 of the Endangered 
     Species Act, 16 U.S.C. 1536. The amount of the transfer or 
     reimbursement shall be as mutually agreed by the Secretary of 
     Agriculture and the Secretary of the Interior or Secretary of 
     Commerce, as applicable, or their designees. The amount shall 
     in no case exceed the actual costs of consultation and 
     conferencing.
       Beginning on June 30, 2001 and concluding on December 31, 
     2004, an eligible individual who is employed in any project 
     funded under Title V of the Older American Act of 1965 (42 
     U.S.C. 3056 et seq.) and administered by the Forest 
     Service shall be considered to be a Federal employee for 
     purposes of chapter 171 of title 28, United States Code.
       Any funds appropriated to the Forest Service may be used to 
     meet the non-Federal share requirement in section 502(c) of 
     the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
       The Secretary of Agriculture may authorize the sale of 
     excess buildings, facilities, and other properties owned by 
     the Forest Service and located on the Wasatch-Cache National 
     Forest, the revenues of which shall be retained by the Forest 
     Service and available to the Secretary without further 
     appropriation and until expended for acquisition and 
     construction of administrative sites on the Wasatch-Cache 
     National Forest.

                          DEPARTMENT OF ENERGY

                         clean coal technology


                       (deferral and rescission)

       Of the funds made available under this heading for 
     obligation in prior years, $97,000,000 shall not be available 
     until October 1, 2004, and $88,000,000 are rescinded: 
     Provided, That funds made available in previous 
     appropriations Acts shall be available for any ongoing 
     project regardless of the separate request for proposal under 
     which the project was selected.

                 fossil energy research and development

       For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, and for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and 
     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), 
     $681,163,000, to remain available until expended, of which 
     $4,000,000 is to continue a multi-year project for 
     construction, renovation, furnishing, and demolition or 
     removal of buildings at National Energy Technology Laboratory 
     facilities in Morgantown, West Virginia and Pittsburgh, 
     Pennsylvania; of which not to exceed $536,000 may be utilized 
     for travel and travel-related expenses incurred by the 
     headquarters staff of the Office of Fossil Energy; and of 
     which $172,000,000 are to be made available, after 
     coordination with the private sector, for a request for 
     proposals for a Clean Coal Power Initiative providing for 
     competitively-awarded research, development, and 
     demonstration projects to reduce the barriers to continued 
     and expanded coal use: Provided, That

[[Page H9912]]

     no project may be selected for which sufficient funding is 
     not available to provide for the total project: Provided 
     further, That funds shall be expended in accordance with the 
     provisions governing the use of funds contained under the 
     heading ``Clean Coal Technology'' in 42 U.S.C. 5903d: 
     Provided further, That the Department may include provisions 
     for repayment of Government contributions to individual 
     projects in an amount up to the Government contribution to 
     the project on terms and conditions that are acceptable to 
     the Department including repayments from sale and licensing 
     of technologies from both domestic and foreign transactions: 
     Provided further, That such repayments shall be retained by 
     the Department for future coal-related research, development 
     and demonstration projects: Provided further, That any 
     technology selected under this program shall be considered a 
     Clean Coal Technology, and any project selected under this 
     program shall be considered a Clean Coal Technology Project, 
     for the purposes of 42 U.S.C. 7651n, and Chapters 51, 52, and 
     60 of title 40 of the Code of Federal Regulations: Provided 
     further, That no part of the sum herein made available shall 
     be used for the field testing of nuclear explosives in the 
     recovery of oil and gas: Provided further, That up to 4 
     percent of program direction funds available to the National 
     Energy Technology Laboratory may be used to support 
     Department of Energy activities not included in this account.

                 naval petroleum and oil shale reserves

       For expenses necessary to carry out naval petroleum and oil 
     shale reserve activities, $18,219,000, to remain available 
     until expended: Provided, That, notwithstanding any other 
     provision of law, unobligated funds remaining from prior 
     years shall be available for all naval petroleum and oil 
     shale reserve activities.

                      elk hills school lands fund

       For necessary expenses in fulfilling installment payments 
     under the Settlement Agreement entered into by the United 
     States and the State of California on October 11, 1996, as 
     authorized by section 3415 of Public Law 104-106, 
     $36,000,000, to become available on October 1, 2004 for 
     payment to the State of California for the State Teachers' 
     Retirement Fund from the Elk Hills School Lands Fund.


                          energy Conservation

       For necessary expenses in carrying out energy conservation 
     activities, $888,937,000, to remain available until expended: 
     Provided, That $274,500,000 shall be for use in energy 
     conservation grant programs as defined in section 3008(3) of 
     Public Law 99-509 (15 U.S.C. 4507): Provided further, That 
     notwithstanding section 3003(d)(2) of Public Law 99-509, such 
     sums shall be allocated to the eligible programs as follows: 
     $230,000,000 for weatherization assistance grants and 
     $44,500,000 for State energy program grants.

                          economic regulation

       For necessary expenses in carrying out the activities of 
     the Office of Hearings and Appeals, $1,047,000, to remain 
     available until expended.

                      strategic petroleum reserve

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), $173,081,000, 
     to remain available until expended.

                   northeast home heating oil reserve

       For necessary expenses for Northeast Home Heating Oil 
     Reserve storage, operations, and management activities 
     pursuant to the Energy Policy and Conservation Act of 2000, 
     $5,000,000, to remain available until expended.

                   energy information administration

       For necessary expenses in carrying out the activities of 
     the Energy Information Administration, $82,111,000, to remain 
     available until expended.

            administrative provisions, department of energy

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $2,561,932,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 238(b) 
     for services furnished by the Indian Health Service: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation: Provided further, That up to $18,000,000 shall 
     remain available until expended, for the Indian Catastrophic 
     Health Emergency Fund: Provided further, That $467,046,000 
     for contract medical care shall remain available for 
     obligation until September 30, 2005: Provided further, That 
     of the funds provided, up to $27,000,000 to remain available 
     until expended, shall be used to carry out the loan repayment 
     program under section 108 of the Indian Health Care 
     Improvement Act: Provided further, That funds provided in 
     this Act may be used for one-year contracts and grants which 
     are to be performed in two fiscal years, so long as the total 
     obligation is recorded in the year for which the funds are 
     appropriated: Provided further, That the amounts collected by 
     the Secretary of Health and Human Services under the 
     authority of title IV of the Indian Health Care Improvement 
     Act shall remain available until expended for the purpose of 
     achieving compliance with the applicable conditions and 
     requirements of titles XVIII and XIX of the Social Security 
     Act (exclusive of planning, design, or construction of new 
     facilities): Provided further, That funding contained herein, 
     and in any earlier appropriations Acts for scholarship 
     programs under the Indian Health Care Improvement Act (25 
     U.S.C. 1613) shall remain available until expended: Provided 
     further, That amounts received by tribes and tribal 
     organizations under title IV of the Indian Health Care 
     Improvement Act shall be reported and accounted for and 
     available to the receiving tribes and tribal organizations 
     until expended: Provided further, That, notwithstanding any 
     other provision of law, of the amounts provided herein, not 
     to exceed $270,734,000 shall be for payments to tribes and 
     tribal organizations for contract or grant support costs 
     associated with contracts, grants, self-governance compacts 
     or annual funding agreements between the Indian Health 
     Service and a tribe or tribal organization pursuant to the 
     Indian Self-Determination Act of 1975, as amended, prior to 
     or during fiscal year 2004, of which not to exceed $2,500,000 
     may be used for contract support costs associated with new or 
     expanded self-determination contracts, grants, self-
     governance compacts or annual funding agreements: Provided 
     further, That funds available for the Indian Health Care 
     Improvement Fund may be used, as needed, to carry out 
     activities typically funded under the Indian Health 
     Facilities account: Provided further, That of the amounts 
     provided to the Indian Health Service, $15,000,000 is 
     provided for alcohol control, enforcement, prevention, 
     treatment, sobriety and wellness, and education in Alaska to 
     be distributed as direct lump sum payments as follows: (a) 
     $2,000,000 to the State of Alaska for regional distribution 
     to hire and equip additional Village Public Safety Officers 
     to engage primarily in bootlegging prevention and enforcement 
     activities; (b) $5,000,000 to the Alaska Native Tribal Health 
     Consortium, which shall be allocated for (1) substance abuse 
     and behavioral health counselors through the Counselor in 
     Every Village program, and (2) comprehensive substance abuse 
     training programs for counselors and others delivering 
     substance abuse services; (c) $6,000,000 to be divided as 
     follows among the following Alaska Native regional 
     organizations to provide substance abuse treatment and 
     prevention programs: (1) $2,500,000 for Southcentral 
     Foundation's Pathway Home, (2) $1,500,000 for Cook Inlet 
     Tribal Council's substance abuse prevention and treatment 
     programs, (3) $1,500,000 for Yukon-Kuskokwim Health 
     Corporation's Tundra Swan Inhalant Abuse Center, and (4) 
     $500,000 for the Southeast Alaska Regional Health Consortium 
     for its Deilee Hitt program; and (d) $2,000,000 for the 
     Alaska Federation of Natives sobriety and wellness program 
     for competitive merit-based grants: Provided further, That 
     none of the funds may be used for tribal courts or tribal 
     ordinance programs or any program that is not directly 
     related to alcohol control, enforcement, prevention, 
     treatment, or sobriety: Provided further, That no more than 
     10 percent may be used by any entity receiving funding for 
     administrative overhead including indirect costs: Provided

[[Page H9913]]

     further, That the State of Alaska must maintain its existing 
     level of effort and must use these funds to enhance or expand 
     existing efforts or initiate new projects or programs and may 
     not use such funds to supplant existing programs.

                        indian health facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act, and the Indian Health Care Improvement 
     Act, and for expenses necessary to carry out such Acts and 
     titles II and III of the Public Health Service Act with 
     respect to environmental health and facilities support 
     activities of the Indian Health Service, $396,232,000, to 
     remain available until expended: Provided, That 
     notwithstanding any other provision of law, funds 
     appropriated for the planning, design, construction or 
     renovation of health facilities for the benefit of an Indian 
     tribe or tribes may be used to purchase land for sites to 
     construct, improve, or enlarge health or related facilities: 
     Provided further, That from the funds appropriated herein, 
     $5,000,000 shall be designated by the Indian Health Service 
     as a contribution to the Yukon-Kuskokwim Health Corporation 
     (YKHC) to complete a priority project for the acquisition of 
     land, planning, design and construction of 79 staff quarters 
     in the Bethel service area, pursuant to the negotiated 
     project agreement between the YKHC and the Indian Health 
     Service: Provided further, That this project shall not be 
     subject to the construction provisions of the Indian Self-
     Determination and Education Assistance Act and shall be 
     removed from the Indian Health Service priority list upon 
     completion: Provided further, That the Federal Government 
     shall not be liable for any property damages or other 
     construction claims that may arise from YKHC undertaking this 
     project: Provided further, That the land shall be owned or 
     leased by the YKHC and title to quarters shall remain vested 
     with the YKHC: Provided further, That not to exceed $500,000 
     shall be used by the Indian Health Service to purchase 
     TRANSAM equipment from the Department of Defense for 
     distribution to the Indian Health Service and tribal 
     facilities: Provided further, That none of the funds 
     appropriated to the Indian Health Service may be used for 
     sanitation facilities construction for new homes funded with 
     grants by the housing programs of the United States 
     Department of Housing and Urban Development: Provided 
     further, That not to exceed $1,000,000 from this account and 
     the ``Indian Health Services'' account shall be used by the 
     Indian Health Service to obtain ambulances for the Indian 
     Health Service and tribal facilities in conjunction with an 
     existing interagency agreement between the Indian Health 
     Service and the General Services Administration: Provided 
     further, That not to exceed $500,000 shall be placed in a 
     Demolition Fund, available until expended, to be used by the 
     Indian Health Service for demolition of Federal buildings.

            administrative provisions, indian health service

       Appropriations in this Act to the Indian Health Service 
     shall be available for services as authorized by 5 U.S.C. 
     3109 but at rates not to exceed the per diem rate equivalent 
     to the maximum rate payable for senior-level positions under 
     5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
     purchase of medical equipment; purchase of reprints; 
     purchase, renovation and erection of modular buildings and 
     renovation of existing facilities; payments for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and for uniforms 
     or allowances therefor as authorized by 5 U.S.C. 5901-5902; 
     and for expenses of attendance at meetings which are 
     concerned with the functions or activities for which the 
     appropriation is made or which will contribute to improved 
     conduct, supervision, or management of those functions or 
     activities.
       In accordance with the provisions of the Indian Health Care 
     Improvement Act, non-Indian patients may be extended health 
     care at all tribally administered or Indian Health Service 
     facilities, subject to charges, and the proceeds along with 
     funds recovered under the Federal Medical Care Recovery Act 
     (42 U.S.C. 2651-2653) shall be credited to the account of the 
     facility providing the service and shall be available without 
     fiscal year limitation. Notwithstanding any other law or 
     regulation, funds transferred from the Department of Housing 
     and Urban Development to the Indian Health Service shall be 
     administered under Public Law 86-121 (the Indian Sanitation 
     Facilities Act) and Public Law 93-638, as amended.
       Funds appropriated to the Indian Health Service in this 
     Act, except those used for administrative and program 
     direction purposes, shall not be subject to limitations 
     directed at curtailing Federal travel and transportation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used for any assessments or 
     charges by the Department of Health and Human Services unless 
     identified in the budget justification and provided in this 
     Act, or approved by the House and Senate Committees on 
     Appropriations through the reprogramming process. Personnel 
     ceilings may not be imposed on the Indian Health Service nor 
     may any action be taken to reduce the full time equivalent 
     level of the Indian Health Service below the level in fiscal 
     year 2002 adjusted upward for the staffing of new and 
     expanded facilities, funding provided for staffing at the 
     Lawton, Oklahoma hospital in fiscal years 2003 and 2004, 
     critical positions not filled in fiscal year 2002, and 
     staffing necessary to carry out the intent of Congress with 
     regard to program increases.
       Notwithstanding any other provision of law, funds 
     previously or herein made available to a tribe or tribal 
     organization through a contract, grant, or agreement 
     authorized by title I or title III of the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), may be deobligated and reobligated to a self-
     determination contract under title I, or a self-governance 
     agreement under title III of such Act and thereafter shall 
     remain available to the tribe or tribal organization without 
     fiscal year limitation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used to implement the final rule 
     published in the Federal Register on September 16, 1987, by 
     the Department of Health and Human Services, relating to the 
     eligibility for the health care services of the Indian Health 
     Service until the Indian Health Service has submitted a 
     budget request reflecting the increased costs associated with 
     the proposed final rule, and such request has been included 
     in an appropriations Act and enacted into law.
       With respect to functions transferred by the Indian Health 
     Service to tribes or tribal organizations, the Indian Health 
     Service is authorized to provide goods and services to those 
     entities, on a reimbursable basis, including payment in 
     advance with subsequent adjustment. The reimbursements 
     received therefrom, along with the funds received from those 
     entities pursuant to the Indian Self-Determination Act, may 
     be credited to the same or subsequent appropriation account 
     which provided the funding. Such amounts shall remain 
     available until expended.
       Reimbursements for training, technical assistance, or 
     services provided by the Indian Health Service will contain 
     total costs, including direct, administrative, and overhead 
     associated with the provision of goods, services, or 
     technical assistance.
       The appropriation structure for the Indian Health Service 
     may not be altered without advance approval of the House and 
     Senate Committees on Appropriations.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by Public Law 93-531, 
     $13,532,000, to remain available until expended: Provided, 
     That funds provided in this or any other appropriations Act 
     are to be used to relocate eligible individuals and groups 
     including evictees from District 6, Hopi-partitioned lands 
     residents, those in significantly substandard housing, and 
     all others certified as eligible and not included in the 
     preceding categories: Provided further, That none of the 
     funds contained in this or any other Act may be used by the 
     Office of Navajo and Hopi Indian Relocation to evict any 
     single Navajo or Navajo family who, as of November 30, 1985, 
     was physically domiciled on the lands partitioned to the Hopi 
     Tribe unless a new or replacement home is provided for such 
     household: Provided further, That no relocatee will be 
     provided with more than one new or replacement home: Provided 
     further, That the Office shall relocate any certified 
     eligible relocatees who have selected and received an 
     approved homesite on the Navajo reservation or selected a 
     replacement residence off the Navajo reservation or on the 
     land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

       For payment to the Institute of American Indian and Alaska 
     Native Culture and Arts Development, as authorized by title 
     XV of Public Law 99-498, as amended (20 U.S.C. 56 part A), 
     $6,250,000, of which $1,000,000 shall remain available until 
     expended to assist with the Institute's efforts to develop a 
     Continuing Education Lifelong Learning Center.

                        Smithsonian Institution

                         salaries and expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease (for 
     terms not to exceed 30 years), and protection of buildings, 
     facilities, and approaches; not to exceed $100,000 for 
     services as authorized by 5 U.S.C. 3109; up to five 
     replacement passenger vehicles; purchase, rental, repair, and 
     cleaning of uniforms for employees, $494,748,000, of which 
     not to exceed $46,903,000 for the instrumentation program, 
     collections acquisition, exhibition reinstallation, the 
     National Museum of the American Indian, and the repatriation 
     of skeletal remains program shall remain available until 
     expended; and of which $828,000 for fellowships and scholarly 
     awards shall remain available until September 30, 2005; and 
     including such funds as may be necessary to support American 
     overseas research centers and a total of $125,000 for the 
     Council of American Overseas Research Centers: Provided, That 
     funds appropriated herein are available for advance payments 
     to independent contractors performing research services or 
     participating in official Smithsonian presentations: Provided 
     further, That the Smithsonian Institution may expend Federal 
     appropriations designated in this Act for lease or rent 
     payments for long term and swing space, as rent payable to 
     the Smithsonian Institution, and

[[Page H9914]]

     such rent payments may be deposited into the general trust 
     funds of the Institution to the extent that federally 
     supported activities are housed in the 900 H Street, N.W. 
     building in the District of Columbia: Provided further, That 
     this use of Federal appropriations shall not be construed as 
     debt service, a Federal guarantee of, a transfer of risk to, 
     or an obligation of, the Federal Government: Provided 
     further, That no appropriated funds may be used to service 
     debt which is incurred to finance the costs of acquiring the 
     900 H Street building or of planning, designing, and 
     constructing improvements to such building.

                           facilities capital

       For necessary expenses of repair, revitalization, and 
     alteration of facilities owned or occupied by the Smithsonian 
     Institution, by contract or otherwise, as authorized by 
     section 2 of the Act of August 22, 1949 (63 Stat. 623), and 
     for construction, including necessary personnel, 
     $108,970,000, to remain available until expended, of which 
     not to exceed $10,000 is for services as authorized by 5 
     U.S.C. 3109: Provided, That contracts awarded for 
     environmental systems, protection systems, and repair or 
     restoration of facilities of the Smithsonian Institution may 
     be negotiated with selected contractors and awarded on the 
     basis of contractor qualifications as well as price: Provided 
     further, That balances from amounts previously appropriated 
     under the headings ``Repair, Restoration and Alteration of 
     Facilities'' and ``Construction'' shall be transferred to and 
     merged with this appropriation and shall remain until 
     expended.

           administrative provisions, smithsonian institution

       None of the funds in this or any other Act may be used to 
     make any changes to the existing Smithsonian science programs 
     including closure of facilities, relocation of staff or 
     redirection of functions and programs without approval from 
     the Board of Regents of recommendations received from the 
     Science Commission.
       None of the funds in this or any other Act may be used to 
     initiate the design for any proposed expansion of current 
     space or new facility without consultation with the House and 
     Senate Appropriations Committees.
       None of the funds in this or any other Act may be used for 
     the Holt House located at the National Zoological Park in 
     Washington, D.C., unless identified as repairs to minimize 
     water damage, monitor structure movement, or provide interim 
     structural support.
       None of the funds available to the Smithsonian may be 
     reprogrammed without the advance written approval of the 
     House and Senate Committees on Appropriations in accordance 
     with the reprogramming procedures contained in the statement 
     of the managers accompanying this Act.

                        National Gallery of Art

                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, museum, 
     and art associations or societies whose publications or 
     services are available to members only, or to members at a 
     price lower than to the general public; purchase, repair, and 
     cleaning of uniforms for guards, and uniforms, or allowances 
     therefor, for other employees as authorized by law (5 U.S.C. 
     5901-5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $87,849,000, 
     of which not to exceed $3,026,000 for the special exhibition 
     program shall remain available until expended.

            repair, restoration and renovation of buildings

       For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, as authorized, $11,600,000, to remain available 
     until expended: Provided, That contracts awarded for 
     environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

       For necessary expenses for the operation, maintenance and 
     security of the John F. Kennedy Center for the Performing 
     Arts, $16,560,000.

                              construction

       For necessary expenses for capital repair and restoration 
     of the existing features of the building and site of the John 
     F. Kennedy Center for the Performing Arts, $16,000,000, to 
     remain available until expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $8,604,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $122,480,000, shall be available to the National Endowment 
     for the Arts for the support of projects and productions in 
     the arts through assistance to organizations and 
     individuals pursuant to sections 5(c) and 5(g) of the Act, 
     including $17,000,000 for support of arts education and 
     public outreach activities through the Challenge America 
     program, for program support, and for administering the 
     functions of the Act, to remain available until expended: 
     Provided, That funds previously appropriated to the 
     National Endowment for the Arts ``Matching Grants'' 
     account and ``Challenge America'' account may be 
     transferred to and merged with this account.

                 National Endowment for the Humanities

                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $120,878,000, shall be available to the National Endowment 
     for the Humanities for support of activities in the 
     humanities, pursuant to section 7(c) of the Act, and for 
     administering the functions of the Act, to remain available 
     until expended.

                            matching grants

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

                       Administrative Provisions

       None of the funds appropriated to the National Foundation 
     on the Arts and the Humanities may be used to process any 
     grant or contract documents which do not include the text of 
     18 U.S.C. 1913: Provided, That none of the funds appropriated 
     to the National Foundation on the Arts and the Humanities may 
     be used for official reception and representation expenses: 
     Provided further, That funds from nonappropriated sources may 
     be used as necessary for official reception and 
     representation expenses: Provided further, That the 
     Chairperson of the National Endowment for the Arts may 
     approve grants up to $10,000, if in the aggregate this amount 
     does not exceed 5 percent of the sums appropriated for grant-
     making purposes per year: Provided further, That such small 
     grant actions are taken pursuant to the terms of an expressed 
     and direct delegation of authority from the National Council 
     on the Arts to the Chairperson.

                        Commission of Fine Arts

                         salaries and expenses

       For expenses made necessary by the Act establishing a 
     Commission of Fine Arts (40 U.S.C. 104), $1,422,000: 
     Provided, That the Commission is authorized to charge fees to 
     cover the full costs of its publications, and such fees shall 
     be credited to this account as an offsetting collection, to 
     remain available until expended without further 
     appropriation.

               national capital arts and cultural affairs

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

               Advisory Council on Historic Preservation

                         salaries and expenses

       For necessary expenses of the Advisory Council on Historic 
     Preservation (Public Law 89-665, as amended), $4,000,000: 
     Provided, That none of these funds shall be available for 
     compensation of level V of the Executive Schedule or higher 
     positions.

                  National Capital Planning Commission

                         salaries and expenses

       For necessary expenses, as authorized by the National 
     Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
     services as authorized by 5 U.S.C. 3109, $7,730,000: 
     Provided, That for fiscal year 2004 and thereafter, all 
     appointed members of the Commission will be compensated at a 
     rate not to exceed the daily equivalent of the annual rate of 
     pay for positions at level IV of the Executive Schedule for 
     each day such member is engaged in the actual performance of 
     duties.

                United States Holocaust Memorial Museum

                       holocaust memorial museum

       For expenses of the Holocaust Memorial Museum, as 
     authorized by Public Law 106-292 (36 U.S.C. 2301-2310), 
     $39,997,000, of which $1,900,000 for the museum's repair and 
     rehabilitation program and $1,264,000 for the museum's 
     exhibitions program shall remain available until expended.

                             Presidio Trust


                          presidio trust fund

       For necessary expenses to carry out title I of the Omnibus 
     Parks and Public Lands Management Act of 1996, $20,700,000 
     shall be available to the Presidio Trust, to remain available 
     until expended.

                     TITLE III--GENERAL PROVISIONS

       Sec. 301. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5

[[Page H9915]]

     U.S.C. 3109, shall be limited to those contracts where such 
     expenditures are a matter of public record and available for 
     public inspection, except where otherwise provided under 
     existing law, or under existing Executive Order issued 
     pursuant to existing law.
       Sec. 302. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which congressional action is not complete.
       Sec. 303. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 304. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 305. No assessments may be levied against any program, 
     budget activity, subactivity, or project funded by this Act 
     unless notice of such assessments and the basis therefor are 
     presented to the Committees on Appropriations and are 
     approved by such committees.
       Sec. 306. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (Sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management 
     lands in a manner different than such sales were conducted 
     in fiscal year 2003.
       Sec. 307. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.
       (b) Exceptions.--The provisions of subsection (a) shall not 
     apply if the Secretary of the Interior determines that, for 
     the claim concerned: (1) a patent application was filed with 
     the Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Report.--On September 30, 2004, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on actions taken by the 
     Department under the plan submitted pursuant to section 
     314(c) of the Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have the 
     sole responsibility to choose and pay the third-party 
     contractor in accordance with the standard procedures 
     employed by the Bureau of Land Management in the retention of 
     third-party contractors.
       Sec. 308. Notwithstanding any other provision of law, 
     amounts appropriated to or earmarked in committee reports for 
     the Bureau of Indian Affairs and the Indian Health Service by 
     Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
     277, 106-113, 106-291, 107-63, and 108-7 for payments to 
     tribes and tribal organizations for contract support costs 
     associated with self-determination or self-governance 
     contracts, grants, compacts, or annual funding agreements 
     with the Bureau of Indian Affairs or the Indian Health 
     Service as funded by such Acts, are the total amounts 
     available for fiscal years 1994 through 2003 for such 
     purposes, except that, for the Bureau of Indian Affairs, 
     tribes and tribal organizations may use their tribal priority 
     allocations for unmet indirect costs of ongoing contracts, 
     grants, self-governance compacts or annual funding 
     agreements.
       Sec. 309. Of the funds provided to the National Endowment 
     for the Arts--
       (1) The Chairperson shall only award a grant to an 
     individual if such grant is awarded to such individual for a 
     literature fellowship, National Heritage Fellowship, or 
     American Jazz Masters Fellowship.
       (2) The Chairperson shall establish procedures to ensure 
     that no funding provided through a grant, except a grant made 
     to a State or local arts agency, or regional group, may be 
     used to make a grant to any other organization or individual 
     to conduct activity independent of the direct grant 
     recipient. Nothing in this subsection shall prohibit payments 
     made in exchange for goods and services.
       (3) No grant shall be used for seasonal support to a group, 
     unless the application is specific to the contents of the 
     season, including identified programs and/or projects.
       Sec. 310. The National Endowment for the Arts and the 
     National Endowment for the Humanities are authorized to 
     solicit, accept, receive, and invest in the name of the 
     United States, gifts, bequests, or devises of money and other 
     property or services and to use such in furtherance of the 
     functions of the National Endowment for the Arts and the 
     National Endowment for the Humanities. Any proceeds from such 
     gifts, bequests, or devises, after acceptance by the National 
     Endowment for the Arts or the National Endowment for the 
     Humanities, shall be paid by the donor or the representative 
     of the donor to the Chairman. The Chairman shall enter the 
     proceeds in a special interest-bearing account to the credit 
     of the appropriate endowment for the purposes specified in 
     each case.
       Sec. 311. (a) In providing services or awarding financial 
     assistance under the National Foundation on the Arts and the 
     Humanities Act of 1965 from funds appropriated under this 
     Act, the Chairperson of the National Endowment for the Arts 
     shall ensure that priority is given to providing services or 
     awarding financial assistance for projects, productions, 
     workshops, or programs that serve underserved populations.
       (b) In this section:
       (1) The term ``underserved population'' means a population 
     of individuals, including urban minorities, who have 
     historically been outside the purview of arts and humanities 
     programs due to factors such as a high incidence of income 
     below the poverty line or to geographic isolation.
       (2) The term ``poverty line'' means the poverty line (as 
     defined by the Office of Management and Budget, and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2)) (applicable to a 
     family of the size involved.
       (c) In providing services and awarding financial assistance 
     under the National Foundation on the Arts and Humanities Act 
     of 1965 with funds appropriated by this Act, the Chairperson 
     of the National Endowment for the Arts shall ensure that 
     priority is given to providing services or awarding financial 
     assistance for projects, productions, workshops, or programs 
     that will encourage public knowledge, education, 
     understanding, and appreciation of the arts.
       (d) With funds appropriated by this Act to carry out 
     section 5 of the National Foundation on the Arts and 
     Humanities Act of 1965--
       (1) the Chairperson shall establish a grant category for 
     projects, productions, workshops, or programs that are of 
     national impact or availability or are able to tour several 
     States;
       (2) the Chairperson shall not make grants exceeding 15 
     percent, in the aggregate, of such funds to any single State, 
     excluding grants made under the authority of paragraph (1);
       (3) the Chairperson shall report to the Congress annually 
     and by State, on grants awarded by the Chairperson in each 
     grant category under section 5 of such Act; and
       (4) the Chairperson shall encourage the use of grants to 
     improve and support community-based music performance and 
     education.
       Sec. 312. No part of any appropriation contained in this 
     Act shall be expended or obligated to complete and issue the 
     5-year program under the Forest and Rangeland Renewable 
     Resources Planning Act.
       Sec. 313. None of the funds in this Act may be used to 
     support Government-wide administrative functions unless such 
     functions are justified in the budget process and funding is 
     approved by the House and Senate Committees on 
     Appropriations.
       Sec. 314. Notwithstanding any other provision of law, none 
     of the funds in this Act may be used for GSA 
     Telecommunication Centers.
       Sec. 315. Notwithstanding any other provision of law, for 
     fiscal year 2004 the Secretaries of Agriculture and the 
     Interior are authorized to limit competition for watershed 
     restoration project contracts as part of the ``Jobs in the 
     Woods'' Program established in Region 10 of the Forest 
     Service to individuals and entities in historically timber-
     dependent areas in the States of Washington, Oregon, northern 
     California, Idaho, Montana, and Alaska that have been 
     affected by reduced timber harvesting on Federal lands. The 
     Secretaries shall consider the benefits to the local economy 
     in evaluating bids and designing procurements which create 
     economic opportunities for local contractors.
       Sec. 316. Amounts deposited during fiscal year 2003 in the 
     roads and trails fund provided for in the 14th paragraph 
     under the heading ``FOREST SERVICE'' of the Act of March 4, 
     1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the 
     Secretary of Agriculture, without regard to the State in 
     which the amounts were derived, to repair or reconstruct 
     roads, bridges, and trails on National Forest System lands or 
     to carry out and administer projects to improve forest health 
     conditions, which may include the repair or reconstruction of 
     roads, bridges, and trails on National Forest System lands in 
     the wildland-community interface where there is an abnormally 
     high risk of fire. The projects shall emphasize reducing 
     risks to human safety and public health and property and 
     enhancing ecological functions, long-term forest 
     productivity, and biological integrity. The projects may be 
     completed in a subsequent fiscal year. Funds shall not be 
     expended under this section to replace funds which would 
     otherwise appropriately be expended from the timber salvage 
     sale fund. Nothing in this section shall be construed to 
     exempt any project from any environmental law.
       Sec. 317. Other than in emergency situations, none of the 
     funds in this Act may be used to operate telephone answering 
     machines during core business hours unless such answering 
     machines include an option that enables callers to reach 
     promptly an individual on-duty with the agency being 
     contacted.
       Sec. 318. No timber sale in Region 10 shall be advertised 
     if the indicated rate is deficit when appraised using a 
     residual value approach that assigns domestic Alaska values 
     for western redcedar. Program accomplishments shall be based 
     on volume sold. Should Region 10 sell, in fiscal year 2004, 
     the annual average portion of the decadal allowable sale 
     quantity called for in the current Tongass Land Management 
     Plan in sales which are not deficit when appraised using a 
     residual value approach that assigns domestic Alaska values 
     for western redcedar, all of the western redcedar timber from 
     those sales which is surplus to the needs of domestic 
     processors in Alaska, shall be made available to domestic 
     processors in the contiguous 48 United

[[Page H9916]]

     States at prevailing domestic prices. Should Region 10 sell, 
     in fiscal year 2003, less than the annual average portion of 
     the decadal allowable sale quantity called for in the Tongass 
     Land Management Plan in sales which are not deficit when 
     appraised using a residual value approach that assigns 
     domestic Alaska values for western redcedar, the volume of 
     western redcedar timber available to domestic processors at 
     prevailing domestic prices in the contiguous 48 United States 
     shall be that volume: (i) which is surplus to the needs of 
     domestic processors in Alaska, and (ii) is that percent of 
     the surplus western redcedar volume determined by calculating 
     the ratio of the total timber volume which has been sold on 
     the Tongass to the annual average portion of the decadal 
     allowable sale quantity called for in the current Tongass 
     Land Management Plan. The percentage shall be calculated by 
     Region 10 on a rolling basis as each sale is sold (for 
     purposes of this amendment, a ``rolling basis'' shall mean 
     that the determination of how much western redcedar is 
     eligible for sale to various markets shall be made at the 
     time each sale is awarded). Western redcedar shall be deemed 
     ``surplus to the needs of domestic processors in Alaska'' 
     when the timber sale holder has presented to the Forest 
     Service documentation of the inability to sell western 
     redcedar logs from a given sale to domestic Alaska processors 
     at a price equal to or greater than the log selling value 
     stated in the contract. All additional western redcedar 
     volume not sold to Alaska or contiguous 48 United States 
     domestic processors may be exported to foreign markets at the 
     election of the timber sale holder. All Alaska yellow cedar 
     may be sold at prevailing export prices at the election of 
     the timber sale holder.
       Sec. 319. A project undertaken by the Forest Service under 
     the Recreation Fee Demonstration Program as authorized by 
     section 315 of the Department of the Interior and Related 
     Agencies Appropriations Act for Fiscal Year 1996, as amended, 
     shall not result in--
       (1) displacement of the holder of an authorization to 
     provide commercial recreation services on Federal lands. 
     Prior to initiating any project, the Secretary shall consult 
     with potentially affected holders to determine what impacts 
     the project may have on the holders. Any modifications to the 
     authorization shall be made within the terms and conditions 
     of the authorization and authorities of the impacted agency;
       (2) the return of a commercial recreation service to the 
     Secretary for operation when such services have been provided 
     in the past by a private sector provider, except when--
       (A) the private sector provider fails to bid on such 
     opportunities;
       (B) the private sector provider terminates its relationship 
     with the agency; or
       (C) the agency revokes the permit for non-compliance with 
     the terms and conditions of the authorization.

     In such cases, the agency may use the Recreation Fee 
     Demonstration Program to provide for operations until a 
     subsequent operator can be found through the offering of a 
     new prospectus.
       Sec. 320. Prior to October 1, 2004, the Secretary of 
     Agriculture shall not be considered to be in violation of 
     subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 
     solely because more than 15 years have passed without 
     revision of the plan for a unit of the National Forest 
     System. Nothing in this section exempts the Secretary from 
     any other requirement of the Forest and Rangeland Renewable 
     Resources Planning Act (16 U.S.C. 1600 et seq.) or any other 
     law: Provided, That if the Secretary is not acting 
     expeditiously and in good faith, within the funding 
     available, to revise a plan for a unit of the National Forest 
     System, this section shall be void with respect to such plan 
     and a court of proper jurisdiction may order completion of 
     the plan on an accelerated basis.
       Sec. 321. No funds provided in this Act may be expended to 
     conduct preleasing, leasing and related activities under 
     either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
     within the boundaries of a National Monument established 
     pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) 
     as such boundary existed on January 20, 2001, except where 
     such activities are allowed under the Presidential 
     proclamation establishing such monument.
       Sec. 322. Extension of Forest Service Conveyances Pilot 
     Program.--Section 329 of the Department of the Interior and 
     Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d 
     note; Public Law 107-63) is amended--
       (1) in subsection (b), by striking ``20'' and inserting 
     ``30'';
       (2) in subsection (c) by striking ``3'' and inserting 
     ``8''; and
       (3) in subsection (d), by striking ``2006'' and inserting 
     ``2007''.
       Sec. 323. Employees of the foundations established by Acts 
     of Congress to solicit private sector funds on behalf of 
     Federal land management agencies shall, in fiscal year 
     2005, qualify for General Service Administration contract 
     airfares.
       Sec. 324. In entering into agreements with foreign 
     countries pursuant to the Wildfire Suppression Assistance Act 
     (42 U.S.C. 1856m) the Secretary of Agriculture and the 
     Secretary of the Interior are authorized to enter into 
     reciprocal agreements in which the individuals furnished 
     under said agreements to provide wildfire services are 
     considered, for purposes of tort liability, employees of the 
     country receiving said services when the individuals are 
     engaged in fire suppression: Provided, That the Secretary of 
     Agriculture or the Secretary of the Interior shall not enter 
     into any agreement under this provision unless the foreign 
     country (either directly or through its fire organization) 
     agrees to assume any and all liability for the acts or 
     omissions of American firefighters engaged in firefighting in 
     a foreign country: Provided further, That when an agreement 
     is reached for furnishing fire fighting services, the only 
     remedies for acts or omissions committed while fighting fires 
     shall be those provided under the laws of the host country, 
     and those remedies shall be the exclusive remedies for any 
     claim arising out of fighting fires in a foreign country: 
     Provided further, That neither the sending country nor any 
     legal organization associated with the firefighter shall be 
     subject to any legal action whatsoever pertaining to or 
     arising out of the firefighter's role in fire suppression.
       Sec. 325. A grazing permit or lease issued by the Secretary 
     of the Interior or a grazing permit issued by the Secretary 
     of Agriculture where National Forest System lands are 
     involved that expires, is transferred, or waived during 
     fiscal years 2004-2008 shall be renewed under section 402 of 
     the Federal Land Policy and Management Act of 1976, as 
     amended (43 U.S.C. 1752), section 19 of the Granger-Thye Act, 
     as amended (16 U.S.C. 5801), title III of the Bankhead-Jones 
     Farm Tenant Act (7 U.S.C. 1010 et seq.), or, if applicable, 
     section 510 of the California Desert Protection Act (16 
     U.S.C. 410aaa-50). The terms and conditions contained in the 
     expired, transferred, or waived permit or lease shall 
     continue in effect under the renewed permit or lease until 
     such time as the Secretary of the Interior or Secretary of 
     Agriculture as appropriate completes processing of such 
     permit or lease in compliance with all applicable laws and 
     regulations, at which time such permit or lease may be 
     canceled, suspended or modified, in whole or in part, to meet 
     the requirements of such applicable laws and regulations. 
     Nothing in this section shall be deemed to alter the 
     statutory authority of the Secretary of the Interior or the 
     Secretary of Agriculture: Provided, That where National 
     Forest System lands are involved and the Secretary of 
     Agriculture has renewed an expired or waived grazing permit 
     prior to fiscal year 2004, the terms and conditions of the 
     renewed grazing permit shall remain in effect until such time 
     as the Secretary of Agriculture completes processing of the 
     renewed permit in compliance with all applicable laws and 
     regulations or until the expiration of the renewed permit, 
     whichever comes first. Upon completion of the processing, the 
     permit may be canceled, suspended or modified, in whole or in 
     part, to meet the requirements of applicable laws and 
     regulations: Provided further, That beginning in November 
     2004, and every year thereafter, the Secretaries of the 
     Interior and Agriculture shall report to Congress the extent 
     to which they are completing analysis required under 
     applicable laws prior to the expiration of grazing permits, 
     and beginning in May 2004, and every two years thereafter, 
     the Secretaries shall provide Congress recommendations for 
     legislative provisions necessary to ensure all permit 
     renewals are completed in a timely manner. The legislative 
     recommendations provided shall be consistent with the funding 
     levels requested in the Secretaries' budget proposals: 
     Provided further, That notwithstanding section 504 of the 
     Rescissions Act (109 Stat. 212), the Secretaries in their 
     sole discretion determine the priority and timing for 
     completing required environmental analysis of grazing 
     allotments based on the environmental significance of the 
     allotments and funding available to the Secretaries for this 
     purpose: Provided further, 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. 326. Notwithstanding any other provision of law or 
     regulation, to promote the more efficient use of the health 
     care funding allocation for fiscal year 2004, the Eagle Butte 
     Service Unit of the Indian Health Service, at the request of 
     the Cheyenne River Sioux Tribe, may pay base salary rates to 
     health professionals up to the highest grade and step 
     available to a physician, pharmacist, or other health 
     professional and may pay a recruitment or retention bonus of 
     up to 25 percent above the base pay rate.
       Sec. 327. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer authority provided in, this Act or any 
     other appropriations Act.
       Sec. 328. None of the funds in this Act may be used to 
     prepare or issue a permit or lease for oil or gas drilling in 
     the Finger Lakes National Forest, New York, during fiscal 
     year 2004.
       Sec. 329. None of the funds made available in this Act may 
     be used for the planning, design, or construction of 
     improvements to Pennsylvania Avenue in front of the White 
     House without the advance approval of the Committees on 
     Appropriations.
       Sec. 330. In awarding a Federal Contract with funds made 
     available by this Act, the Secretary of Agriculture and the 
     Secretary of the Interior (the ``Secretaries'') may, in 
     evaluating bids and proposals, give consideration to local 
     contractors who are from, and who provide employment and 
     training for, dislocated and displaced workers in an 
     economically disadvantaged rural community, including those 
     historically timber-dependent areas that have been affected 
     by reduced timber harvesting on Federal lands and other 
     forest-dependent rural communities isolated from significant 
     alternative employment opportunities: Provided, That the 
     Secretaries may award grants or cooperative agreements to 
     local non-profit entities, Youth Conservation Corps or 
     related partnerships with State, local

[[Page H9917]]

     or non-profit youth groups, or small or disadvantaged 
     business: Provided further, That the contract, grant, or 
     cooperative agreement is for forest hazardous fuels 
     reduction, watershed or water quality monitoring or 
     restoration, wildlife or fish population monitoring, or 
     habitat restoration or management: Provided further, That the 
     terms ``rural community'' and ``economically disadvantaged'' 
     shall have the same meanings as in section 2374 of Public Law 
     101-624: Provided further, That the Secretaries shall develop 
     guidance to implement this section: Provided further, That 
     nothing in this section shall be construed as relieving the 
     Secretaries of any duty under applicable procurement laws, 
     except as provided in this section.
       Sec. 331. No funds appropriated in this Act for the 
     acquisition of lands or interests in lands may be expended 
     for the filing of declarations of taking or complaints in 
     condemnation without the approval of the House and Senate 
     Committees on Appropriations: Provided, That this provision 
     shall not apply to funds appropriated to implement the 
     Everglades National Park Protection and Expansion Act of 
     1989, or to funds appropriated for federal assistance to the 
     State of Florida to acquire lands for Everglades restoration 
     purposes.
       Sec. 332. Section 315(f) of the Department of the Interior 
     and Related Agencies Appropriations Act, 1996 (as contained 
     in section 101(c) of Public Law 104-134; 110 Stat. 1321-200; 
     16 U.S.C. 460l-6a note), is amended--
       (1) by striking ``September 30, 2004'' and inserting 
     ``December 31, 2005''; and
       (2) by striking ``2007'' and inserting ``2008''.
       Sec. 333. Implementation of Gallatin Land Consolidation Act 
     of 1998. (a) Definitions.--For purposes of this section:
       (1) ``Gallatin Land Consolidation Act of 1998'' means 
     Public Law 105-267 (112 Stat. 2371).
       (2) ``Option Agreement'' has the same meaning as defined in 
     section 3(6) of the Gallatin Land Consolidation Act of 1998.
       (3) ``Secretary'' means the Secretary of Agriculture.
       (4) ``Excess receipts'' means National Forest Fund receipts 
     from the National Forests in Montana, which are identified 
     and adjusted by the Forest Service within the fiscal year, 
     and which are in excess of funds retained for: the Salvage 
     Sale Fund; the Knutson-Vandenberg Fund; the Purchaser Road/
     Specified Road Credits; the Twenty-Five Percent Fund, as 
     amended; the Ten Percent Road and Trail Fund; the Timber Sale 
     Pipeline Restoration Fund; the Fifty Percent Grazing Class A 
     Receipts Fund; and the Land and Water Conservation Fund 
     Recreation User Fees Receipts--Class A Fund.
       (5) ``Special Account'' means the special account 
     referenced in section 4(c)(2) of the Gallatin Land 
     Consolidation Act of 1998.
       (6) ``Eastside National Forests'' has the same meaning as 
     in section 3(4) of the Gallatin Land Consolidation Act of 
     1998.
       (b) Special Account.--
       (1) The Secretary is authorized and directed, without 
     further appropriation or reprogramming of funds, to transfer 
     to the Special Account these enumerated funds and receipts in 
     the following order:
       (A) timber sale receipts from the Gallatin National Forest 
     and other Eastside National Forests, as such receipts are 
     referenced in section 4(a)(2)(C) of the Gallatin Land 
     Consolidation Act of 1998;
       (B) any available funds heretofore appropriated for the 
     acquisition of lands for National Forest purposes in the 
     State of Montana through fiscal year 2003;
       (C) net receipts from the conveyance of lands on the 
     Gallatin National Forest as authorized by subsection (c); 
     and,
       (D) excess receipts for fiscal years 2003 through 2008.
       (2) All funds in the Special Account shall be available to 
     the Secretary until expended, without further appropriation, 
     and will be expended prior to the end of fiscal year 2008 for 
     the following purposes:
       (A) the completion of the land acquisitions authorized by 
     the Gallatin Land Consolidation Act of 1998 and fulfillment 
     of the Option Agreement, as may be amended from time to time; 
     and,
       (B) the acquisition of lands for which acquisition funds 
     were transferred to the Special Account pursuant to 
     subsection (b)(1)(B).
       (3) The Special Account shall be closed at the end of 
     fiscal year 2008 and any monies remaining in the Special 
     Account shall be transferred to the fund established under 
     Public Law 90-171 (commonly known as the ``Sisk Act'', 16 
     U.S.C. Sec. 484a) to remain available, until expended, for 
     the acquisition of lands for National Forest purposes in the 
     State of Montana.
       (4) Funds deposited in the Special Account or eligible for 
     deposit shall not be subject to transfer or reprogramming for 
     wildland fire management or any other emergency purposes.
       (c) Land Conveyances Within the Gallatin National Forest.--
       (1) Conveyance authority.--The Secretary is authorized, 
     under such terms and conditions as the Secretary may 
     prescribe and without requirements for further administrative 
     or environmental analyses or examination, to sell or exchange 
     any or all rights, title, and interests of the United States 
     in the following lands within the Gallatin National Forest in 
     the State of Montana:
       (A) SMC East Boulder Mine Portal Tract: Principal Meridian, 
     T.3S., R.11E., Section 4, lots 3 to 4 inclusive, W\1/2\SE\1/
     4\NW\1/4\, containing 76.27 acres more or less.
       (B) Forest Service West Yellowstone Administrative Site: 
     U.S. Forest Service Administrative Site located within the 
     NE\1/4\ of Block 17 of the Townsite of West Yellowstone which 
     is situated in the N\1/2\ of Section 34, T.13S., R.5E., 
     Principal Meridian, Gallatin County, Montana, containing 1.04 
     acres more or less.
       (C) Mill Fork Mission Creek Tract: Principal Meridian, 
     T.13S., R.5E., Section 34, NW\1/4\SW\1/4\, containing 40 
     acres more or less.
       (D) West Yellowstone Town Expansion Tract #1: Principal 
     Meridian, T.13S., R.5E., Section 33, E\1/2\E\1/2\NE\1/4\, 
     containing 40 acres more or less.
       (E) West Yellowstone Town Expansion Tract #2: Principal 
     Meridian, T.13S., R.5E., Section 33, NE\1/4\SE\1/4\, 
     containing 40 acres more or less.
       (2) Descriptions.--The Secretary may modify the 
     descriptions in subsection (c)(1) to correct errors or to 
     reconfigure the properties in order to facilitate a 
     conveyance.
       (3) Consideration.--Consideration for a sale or exchange of 
     land under this subsection may include cash, land, or a 
     combination of both.
       (4) Valuation.--Any appraisals of land deemed necessary or 
     desirable by the Secretary to carry out the purposes of this 
     section shall conform to the Uniform Appraisal Standards for 
     Federal Land Acquisitions.
       (5) Cash equalization.--Notwithstanding any other provision 
     of law, the Secretary may accept a cash equalization payment 
     in excess of 25 percent of the value of any land exchanged 
     under this subsection.
       (6) Solicitations of offers.--The Secretary may:
       (A) solicit offers for sale or exchange of land under this 
     subsection on such terms and conditions as the Secretary may 
     prescribe, or
       (B) reject any offer made under this subsection if the 
     Secretary determines that the offer is not adequate or not in 
     the public interest.
       (7) Methods of sale.--The Secretary may sell land at public 
     or private sale, including competitive sale by auction, bid, 
     or otherwise, in accordance with such terms, conditions, and 
     procedures as the Secretary determines will be in the best 
     interests of the United States.
       (8) Brokers.--The Secretary may utilize brokers or other 
     third parties in the disposition of the land authorized by 
     this subsection and, from the proceeds of the sale, may pay 
     reasonable commissions or fees on the sale or sales.
       (9) Receipts from sale or exchange.--The Secretary shall 
     deposit the net receipts of a sale or exchange under this 
     subsection in the Special Account.
       (d) Miscellaneous Provisions.--
       (1) Receipts from any sale or exchange pursuant to 
     subsection (c) of this section:
       (A) shall not be deemed excess receipts for purposes of 
     this section;
       (B) shall not be paid or distributed to the State or 
     counties under any provision of law, or otherwise deemed as 
     moneys received from the National Forest for purposes of the 
     Act of May 23, 1908 or the Act of March 1, 1911 (16 U.S.C. 
     Sec. 500, as amended), or the Act of March 4, 1913 (16 U.S.C. 
     Sec. 501, as amended).
       (2) As of the date of enactment of this section, any public 
     land order withdrawing land described in subsection (c)(1) 
     from all forms of appropriation under the public land laws is 
     revoked with respect to any portion of the land conveyed by 
     the Secretary under this section.
       (3) Subject to valid existing rights, all lands described 
     in section (c)(1) are withdrawn from location, entry, and 
     patent under the mining laws of the United States.
       (4) The Agriculture Property Management Regulations shall 
     not apply to any action taken pursuant to this section.
       (e) Option Agreement Amendment.--The Amendment No. 1 to the 
     Option Agreement is hereby ratified as a matter of Federal 
     law and the parties to it are authorized to effect the terms 
     and conditions thereof.
       Sec. 334. Subsection (c) of section 551 of the Land Between 
     the Lakes Protection Act of 1998 (16 U.S.C. 460lll-61) is 
     amended to read as follows:
       ``(c) Use of Funds.--The Secretary of Agriculture may 
     expend amounts appropriated or otherwise made available to 
     carry out this title in a manner consistent with the 
     authorities exercised by the Tennessee Valley Authority 
     before the transfer of the Recreation Area to the 
     administrative jurisdiction of the Secretary, including 
     campground management and visitor services, paid 
     advertisement, and procurement of food and supplies for 
     resale purposes.''.
       Sec. 335. Section 339 of the Department of the Interior and 
     Related Agencies Appropriations Act, 2000, as enacted into 
     law by section 1000(a)(3) of Public Law 106-113 (113 Stat. 
     1501A-204; 16 U.S.C. 528 note), is amended--
       (1) in subsection (b)--
       (A) in the first sentence, by striking ``not less than the 
     fair market value'' and inserting ``fees under subsection 
     (c)''; and
       (B) by striking the second sentence and inserting the 
     following: ``The Secretary shall establish appraisal methods 
     and bidding procedures to determine the fair market value of 
     forest botanical products harvested under the pilot 
     program.'';
       (2) in subsection (c), by striking paragraph (1) and 
     inserting the following new paragraph (1):
       ``(1) Imposition and collection.--Under the pilot program, 
     the Secretary of Agriculture shall charge and collect from a 
     person who harvests forest botanical products on National 
     Forest System lands a fee in an amount established by the 
     Secretary to recover at least a portion of the fair market 
     value of the harvested forest botanical products and a 
     portion of the costs incurred by the Department of 
     Agriculture associated with granting, modifying, or 
     monitoring the authorization for harvest of the forest 
     botanical products, including the costs of any environmental 
     or other analysis.'';
       (3) in subsection (d)(1), by striking ``charges and fees 
     under subsections (b) and'' and inserting ``a fee under 
     subsection'';
       (4) in subsection (f)--
       (A) in paragraph (1), by striking ``subsections (b) and'' 
     and inserting ``subsection'';
       (B) in paragraph (2), by striking ``in excess of the 
     amounts collected for forest botanical products during fiscal 
     year 1999'';
       (C) in paragraph (3), by striking ``charges and fees 
     collected at that unit under the pilot program to pay for'' 
     and all that follows through

[[Page H9918]]

     the period at the end and inserting ``fees collected at that 
     unit under subsection (c) to pay for the costs of conducting 
     inventories of forest botanical products, determining 
     sustainable levels of harvest, monitoring and assessing the 
     impacts of harvest levels and methods, conducting restoration 
     activities, including any necessary vegetation, and covering 
     costs of the Department of Agriculture described in 
     subsection (c)(1).''; and
       (D) in paragraph (4), by striking ``subsections (b) and'' 
     and inserting ``subsection'';
       (5) in subsection (g)--
       (A) by striking ``charges and fees under subsections (b) 
     and'' and inserting ``fees under subsection''; and
       (B) by striking ``subsections (b) and'' the second place it 
     appears and inserting ``subsection''; and
       (6) in subsection (h), by striking paragraph (1) and 
     inserting the following new paragraph (1):
       ``(1) Collection of fees.--The Secretary of Agriculture may 
     collect fees under the authority of subsection (c) until 
     September 30, 2009.''.
       Sec. 336. Transfer of Forest Legacy Program Land. Section 
     7(l) of the Cooperative Forestry Assistance Act of 1978 (16 
     U.S.C. 2103c(l)) is amended by inserting after paragraph (2) 
     the following:
       ``(3) Transfer of forest legacy program land--
       ``(A) In general.--Subject to any terms and conditions that 
     the Secretary may require (including the requirements 
     described in subparagraph (B)), the Secretary may, at the 
     request of the State of Vermont, convey to the State, by 
     quitclaim deed, without consideration, any land or interest 
     in land acquired in the State under the Forest Legacy 
     Program.
       ``(B) Requirements.--In conveying land or an interest in 
     land under subparagraph (A), the Secretary may require that--
       ``(i) the deed conveying the land or interest in land 
     include requirements for the management of the land in a 
     manner that--

       ``(I) conserves the land or interest in land; and
       ``(II) is consistent with any other Forest Legacy Program 
     purposes for which the land or interest in land was acquired;

       ``(ii) if the land or interest in land is subsequently 
     sold, exchanged, or otherwise disposed of by the State of 
     Vermont, the State shall--

       ``(I) reimburse the Secretary in an amount that is based on 
     the current market value of the land or interest in land in 
     proportion to the amount of consideration paid by the United 
     States for the land or interest in land; or
       ``(II) convey to the Secretary land or an interest in land 
     that is equal in value to the land or interest in land 
     conveyed.

       ``(C) Disposition of funds.--Amounts received by the 
     Secretary under subparagraph (B)(ii) shall be credited to the 
     Wildland Fire Management account, to remain available until 
     expended.''.
       Sec. 337. Notwithstanding section 9(b) of Public Law 106-
     506, funds hereinafter appropriated under Public Law 106-506 
     shall require matching funds from non-Federal sources on the 
     basis of aggregate contribution to the Environmental 
     Improvement Program, as defined in Public Law 106-506, rather 
     than on a project-by-project basis, except for those 
     activities provided under section 9(c) of that Act, to which 
     this amendment shall not apply.
       Sec. 338. Any application for judicial review of a Record 
     of Decision for any timber sale in Region 10 of the Forest 
     Service that had a Notice of Intent prepared on or before 
     January 1, 2003 shall--
       (1) be filed in the Alaska District of the Federal District 
     Court within 30 days after exhaustion of the Forest Service 
     administrative appeals process (36 C.F.R. 215) or within 30 
     days of enactment of this Act if the administrative appeals 
     process has been exhausted prior to enactment of this Act, 
     and the Forest Service shall strictly comply with the 
     schedule for completion of administrative action;
       (2) be completed and a decision rendered by the court not 
     later than 180 days from the date such request for review is 
     filed; if a decision is not rendered by the court within 180 
     days as required by this subsection, the Secretary of 
     Agriculture shall petition the court to proceed with the 
     action.
       Sec. 339. (a) In General.--The Secretary of Agriculture may 
     cancel, with the consent of the timber purchaser, a maximum 
     of 70 contracts for the sale of timber awarded between 
     October 1, 1995 and January 1, 2002 on the Tongass National 
     Forest in Alaska if--
       (1) the Secretary determines, in the Secretary's sole 
     discretion, that the sale would result in a financial loss to 
     the purchaser and the costs to the government of seeking a 
     legal remedy against the purchaser would likely exceed the 
     cost of terminating the contract; and
       (2) the timber purchaser agrees to--
       (A) terminate its rights under the contract; and
       (B) release the United States from all liability, including 
     further consideration or compensation resulting from such 
     cancellation.
       (b) Effect of Cancellation.--
       (1) In general.--The United States shall not surrender any 
     claim against a timber purchaser that arose under a contract 
     before cancellation under this section not in connection with 
     the cancellation.
       (2) Limitation.--Cancellation of a contract under this 
     section shall release the timber purchaser from liability for 
     any damages resulting from cancellation of such contract.
       (c) Timber Available for Resale.--Timber included in a 
     contract cancelled under this section shall be available for 
     resale by the Secretary of Agriculture.
       Sec. 340. (a) Justification of Competitive Sourcing 
     Activities.--(1) In each budget submitted by the President to 
     Congress under section 1105 of title 31, United States Code, 
     for a fiscal year, beginning with fiscal year 2005, amounts 
     requested to perform competitive sourcing studies for 
     programs, projects, and activities listed in paragraph (2) 
     shall be set forth separately from other amounts requested.
       (2) Paragraph (1) applies to programs, projects, and 
     activities--
       (A) of the Department of the Interior for which funds are 
     appropriated by this Act;
       (B) of the Forest Service; and
       (C) of the Department of Energy for which funds are 
     appropriated by this Act.
       (b) Annual Reporting Requirements on Competitive Sourcing 
     Activities.--(1) Not later than December 31 of each year, 
     beginning with December 31, 2003, the Secretary concerned 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives a report, covering 
     the preceding fiscal year, on the competitive sourcing 
     studies conducted by the Department of the Interior, the 
     Forest Service, or the Department of Energy, as appropriate, 
     and the costs and cost savings to the citizens of the United 
     States of such studies.
       (2) In this subsection, the term ``Secretary concerned'' 
     means--
       (A) the Secretary of the Interior, with respect to the 
     Department of the Interior programs, projects, and activities 
     for which funds are appropriated by this Act;
       (B) the Secretary of Agriculture, with respect to the 
     Forest Service; and
       (C) the Secretary of Energy, with respect to the Department 
     of Energy programs, projects, and activities for which funds 
     are appropriated by this Act.
       (3) The report under this subsection shall include, for the 
     fiscal year covered--
       (A) the total number of competitions completed;
       (B) the total number of competitions announced, together 
     with a list of the activities covered by such competitions;
       (C) the total number of full-time equivalent Federal 
     employees studied under completed competitions;
       (D) the total number of full-time equivalent Federal 
     employees being studied under competitions announced, but not 
     completed;
       (E) the incremental cost directly attributable to 
     conducting the competitions identified under subparagraphs 
     (A) and (B), including costs attributable to paying outside 
     consultants and contractors;
       (F) an estimate of the total anticipated savings, or a 
     quantifiable description of improvements in service or 
     performance, derived from completed competitions;
       (G) actual savings, or a quantifiable description of 
     improvements in service or performance, derived from the 
     implementation of competitions;
       (H) the total projected number of full-time equivalent 
     Federal employees covered by competitions scheduled to be 
     announced in the fiscal year; and
       (I) a description of how the competitive sourcing decision 
     making processes are aligned with strategic workforce plans.
       (c) Declaration of Competitive Sourcing Studies.--For 
     fiscal year 2004, each of the Secretaries of executive 
     departments referred to in subsection (b)(2) shall submit a 
     detailed competitive sourcing proposal to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     not later than 60 days after the date of the enactment of 
     this Act. The proposal shall include, for each competitive 
     sourcing study proposed to be carried out by or for the 
     Secretary concerned, the number of positions to be studied, 
     the amount of funds needed for the study, and the program, 
     project, and activity from which the funds will be expended.
       (d) Limitation on Competitive Sourcing Studies.--(1) Of the 
     funds made available by this or any other Act to the 
     Department of Energy or the Department of the Interior for 
     fiscal year 2004, not more than the maximum amount specified 
     in paragraph (2)(A) may be used by the Secretary of Energy or 
     the Secretary of the Interior to initiate or continue 
     competitive sourcing studies in fiscal year 2004 for 
     programs, projects, and activities for which funds are 
     appropriated by this Act until such time as the Secretary 
     concerned submits a reprogramming proposal to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives, and such proposal has been processed 
     consistent with the fiscal year 2004 reprogramming 
     guidelines.
       (2) For the purposes of paragraph (1)--
       (A) the maximum amount--
       (i) with respect to the Department of Energy is $500,000; 
     and
       (ii) with respect to the Department of the Interior is 
     $2,500,000; and
       (B) the fiscal year 2004 reprogramming guidelines referred 
     to in such paragraph are the reprogramming guidelines set 
     forth in the joint explanatory statement accompanying the Act 
     (H.R. 2691, 108th Congress, 1st session), making 
     appropriations for the Department of the Interior and related 
     agencies for the fiscal year ending September 30, 2004, and 
     for other purposes.
       (3) Of the funds appropriated by this Act, not more than 
     $5,000,000 may be used in fiscal year 2004 for competitive 
     sourcing studies and related activities by the Forest 
     Service.
       (e) Limitation on Conversion to Contractor Performance.--
     (1) None of the funds made available in this or any other Act 
     may be used to convert to contractor performance an activity 
     or function of the Forest Service, an activity or function of 
     the Department of the Interior performed under programs, 
     projects, and activities for which funds are appropriated by 
     this Act, or an activity or function of the Department of 
     Energy performed under programs,

[[Page H9919]]

     projects, and activities for which funds are appropriated by 
     this Act, if such activity or function is performed on or 
     after the date of the enactment of this Act by more than 10 
     Federal employees unless--
       (A) the conversion is based on the result of a public-
     private competition that includes a more efficient and cost 
     effective organization plan developed by such activity or 
     function; and
       (B) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Federal Government by an amount that 
     equals or exceeds the lesser of--
       (i) 10 percent of the more efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (ii) $10,000,000.
       (2) This subsection shall not apply to a commercial or 
     industrial type function that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (41 
     U.S.C. 47);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (3) The conversion of any activity or function under the 
     authority provided by this subsection shall be credited 
     toward any competitive or outsourcing goal, target, or 
     measurement that may be established by statute, regulation, 
     or policy.
       (f) Competitive Sourcing Study Defined.--In this 
     subsection, the term ``competitive sourcing study'' means a 
     study on subjecting work performed by Federal Government 
     employees or private contractors to public-private 
     competition or on converting the Federal Government employees 
     or the work performed by such employees to private contractor 
     performance under the Office of Management and Budget 
     Circular A-76 or any other administrative regulation, 
     directive, or policy.
       Sec. 341. Section 4(e)(3)(A)(vi) of the Southern Nevada 
     Public Land Management Act of 1998 (112 Stat. 2346; 116 Stat. 
     2007) is amended by striking ``under this Act'' and inserting 
     ``under this Act, including costs incurred under paragraph 
     (2)(A)''.
       Sec. 342. Lake Tahoe Restoration Projects. Section 
     4(e)(3)(A) of the Southern Nevada Public Land Management Act 
     of 1998 (112 Stat. 2346; 116 Stat. 2007) is further amended--
       (1) in clause (v), by striking ``and'' at the end;
       (2) by redesignating clause (vi) as clause (vii); and
       (3) by inserting after clause (v) the following:
       ``(vi) transfer to the Secretary of Agriculture, or, if the 
     Secretary of Agriculture enters into a cooperative agreement 
     with the head of another Federal agency, the head of the 
     Federal agency, for Federal environmental restoration 
     projects under sections 6 and 7 of the Lake Tahoe Restoration 
     Act (114 Stat. 2354), environmental improvement payments 
     under section 2(g) of Public Law 96-586 (94 Stat. 3382), and 
     any Federal environmental restoration project included in the 
     environmental improvement program adopted by the Tahoe 
     Regional Planning Agency in February 1998 (as amended), in an 
     amount equal to the cumulative amounts authorized to be 
     appropriated for such projects under those Acts, in 
     accordance with a revision to the Southern Nevada Public Land 
     Management Act of 1998 Implementation Agreement to implement 
     this section, which shall include a mechanism to ensure 
     appropriate stakeholders from the States of California and 
     Nevada participate in the process to recommend projects for 
     funding; and''.
       Sec. 343. Estimated overhead charges, deductions, reserves 
     or holdbacks from programs, projects and activities to 
     support governmentwide, departmental, agency or bureau 
     administrative functions or headquarters, regional or central 
     office operations shall be presented in annual budget 
     justifications. Changes to such estimates shall be presented 
     to the Committees on Appropriations for approval.
       Sec. 344. (a) Across-the-Board Rescissions.--There is 
     hereby rescinded an amount equal to 0.646 percent of--
       (1) the budget authority provided for fiscal year 2004 for 
     any discretionary account in this Act; and
       (2) the budget authority provided in any advance 
     appropriation for fiscal year 2004 for any discretionary 
     account in the Department of the Interior and Related 
     Agencies Appropriations Act, 2003.
       (b) Proportionate Application.--Any rescission made by 
     subsection (a) shall be applied proportionately--
       (1) to each discretionary account and each item of budget 
     authority described in subsection (a); and
       (2) within each such account and item, to each program, 
     project, and activity (with programs, projects, and 
     activities as delineated in the appropriation Act or 
     accompanying reports for the relevant fiscal year covering 
     such account or item, or for accounts and items not included 
     in appropriation Acts, as delineated in the most recently 
     submitted President's budget).

 TITLE IV--THE FLATHEAD AND KOOTENAI NATIONAL FOREST REHABILITATION ACT

       Sec. 401. Short Title. This title may be cited as the 
     ``Flathead and Kootenai National Forest Rehabilitation Act of 
     2003''.
       Sec. 402. Findings and Purpose. (a) Findings.--Congress 
     finds that--
       (1) the Robert Fire and Wedge Fire of 2003 caused extensive 
     resource damage in the Flathead National Forest;
       (2) the fires of 2000 caused extensive resource damage on 
     the Kootenai National Forest and implementation of 
     rehabilitation and recovery projects developed by the agency 
     for the Forest is critical;
       (3) the environmental planning and analysis to restore 
     areas affected by the Robert Fire and Wedge Fire will be 
     completed through a collaborative community process;
       (4) the rehabilitation of burned areas needs to be 
     completed in a timely manner in order to reduce the long-term 
     environmental impacts; and
       (5) wildlife and watershed resource values will be 
     maintained in areas affected by the Robert Fire and Wedge 
     Fire while exempting the rehabilitation effort from certain 
     applications of the National Environmental Policy Act (NEPA) 
     and the Clean Water Act (CWA).
       (b) The purpose of this title is to accomplish in a 
     collaborative environment, the planning and rehabilitation of 
     the Robert Fire and Wedge Fire and to ensure timely 
     implementation of recovery and rehabilitation projects on the 
     Kootenai National Forest.
       Sec. 403. Rehabilitation Projects. (a) In General.--The 
     Secretary of Agriculture (in this title referred to as the 
     ``Secretary'') may conduct projects that the Secretary 
     determines are necessary to rehabilitate and restore, and may 
     conduct salvage harvests on, National Forest System lands in 
     the North Fork drainage on the Flathead National Forest, as 
     generally depicted on a map entitled ``North Fork Drainage'' 
     which shall be on file and available for public inspection in 
     the Office of Chief, Forest Service, Washington, D.C.
       (b) Procedure.--
       (1) In General.--Except as otherwise provided by this 
     title, the Secretary shall conduct projects under this title 
     in accordance with--
       (A) the National Environmental Policy Act (42 U.S.C. 4321 
     et seq.); and
       (B) other applicable laws.
       (2) Environmental assessment or impact statement.--If an 
     environmental assessment or an environmental impact statement 
     (pursuant to section 102(2) of the National Environmental 
     Policy Act (42 U.S.C. 4332(2)) is required for a project 
     under this title, the Secretary shall not be required to 
     study, develop, or describe any alternative to the proposed 
     agency action in the environmental assessment or the 
     environmental impact statement.
       (3) Public collaboration.--To encourage meaningful 
     participation during preparation of a project under this 
     title, the Secretary shall facilitate collaboration among the 
     State of Montana, local governments, and Indian tribes, and 
     participation of interested persons, during the preparation 
     of each project in a manner consistent with the 
     Implementation Plan for the 10-year Comprehensive Strategy of 
     a Collaborative Approach for Reducing Wildland Fire Risks to 
     Communities and the Environment, dated May 2002, which was 
     developed pursuant to the conference report for the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 2001 (House Report 106-646).
       (4) Compliance with clean water act.--Consistent with the 
     Clean Water Act (33 U.S.C. 1251 et seq.) and Montana Code 75-
     5-703(10)(b), the Secretary is not prohibited from 
     implementing projects under this title due to the lack of a 
     Total Maximum Daily Load as provided for under section 303(d) 
     of the Clean Water Act (33 U.S.C. 1313(d)), except that the 
     Secretary shall comply with any best management practices 
     required by the State of Montana.
       (5) Endangered species act consultation.--If a consultation 
     is required under section 7 of the Endangered Species Act (16 
     U.S.C. 1536) for a project under this title, the Secretary of 
     the Interior shall expedite and give precedence to such 
     consultation over any similar requests for consultation by 
     the Secretary.
       (6) Administrative appeals.--Section 322 of the Department 
     of the Interior and Related Agencies Appropriations Act, 1993 
     (Public Law 102-381; 16 U.S.C. 1612 note) and section 215 of 
     title 36, Code of Federal Regulations shall apply to projects 
     under this title.
       Sec. 404. Contracting and Cooperative Agreements. (a) In 
     General.--Notwithstanding chapter 63 of title 31, United 
     States Code, the Secretary may enter into contract or 
     cooperative agreements to carry out a project under this 
     title.
       (b) Exemption.--Notwithstanding any other provisions of 
     law, the Secretary may limit competition for a contract or a 
     cooperative agreement under subsection (a).
       Sec. 405. Monitoring Requirements. (a) In General.--The 
     Secretary shall establish a multiparty monitoring group 
     consisting of a representative number of interested parties, 
     as determined by the Secretary, to monitor the performance 
     and effectiveness of projects conducted under this title.
       (b) Reporting Requirements.--The multiparty monitoring 
     group shall prepare annually a report to the Secretary on the 
     progress of the projects conducted under this title in 
     rehabilitating and restoring the North Fork drainage. The 
     Secretary shall submit the report to the Senate Subcommittee 
     on Interior Appropriations of the Senate Committee on 
     Appropriations.
       Sec. 406. Sunset. The authority for the Secretary to issue 
     a decision to carry out a project under this title shall 
     expire 5 years from the date of enactment.
       Sec. 407. Implementation of Records of Decision. The 
     Secretary of Agriculture shall publish new information 
     regarding forest wide estimates of old growth from volume 103 
     of the administrative record in the case captioned Ecology 
     Center v. Castaneda, CV-02-200-M-DWM (D. Mont.) for public 
     comment for a 30-day period. The Secretary shall review any 
     comments received during the comment period and

[[Page H9920]]

     decide whether to modify the Records of Decision (hereinafter 
     referred to as the ``ROD's'') for the Pinkham, White Pine, 
     Kelsey-Beaver, Gold/Boulder/Sullivan, and Pink Stone projects 
     on the Kootenai National Forest. The ROD's, whether modified 
     or not, shall not be deemed arbitrary and capricious under 
     the NFMA, NEPA or other applicable law as long as each 
     project area retains 10 percent designated old growth below 
     5,500 feet elevation in third order watersheds in which the 
     project is located as specified in the forest plan.
       This Act may be cited as the ``Department of the Interior 
     and Related Agencies Appropriations Act, 2004''.
       And the Senate agree to the same.

     Charles H. Taylor,
     Bill Young,
     Ralph Regula,
     Jim Kolbe,
     George R. Nethercutt Jr.,
     Zach Wamp,
     John E. Peterson,
     Don Sherwood,
     Ander Crenshaw,
     Norman D. Dicks,
     John P. Murtha,
     James P. Moran,
     John W. Olver,
                                 Mangers on the Part of the House.

     Conrad Burns,
     Ted Stevens,
     Thad Cochran,
     Pete Domenici,
     Robert F. Bennett,
     Judd Gregg,
     Ben Nighthorse Campbell,
     Sam Brownback,
     Byron L. Dorgan,
     Robert C. Byrd,
     Patrick J. Leahy,
     Ernest Hollings,
     Harry Reid,
     Dianne Feinstein,
     Barbara A. Mikulski,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2691), making 
     appropriations for the Department of the Interior and Related 
     Agencies for the fiscal year ending September 30, 2004, and 
     for other purposes, submit the following joint statement to 
     the House and the Senate in explanation of the effect of the 
     action agreed upon by the managers and recommended in the 
     accompanying conference report.
       The conference agreement on H.R. 2691 incorporates some of 
     the provisions of both the House and the Senate versions of 
     the bill. Report language and allocations set forth in either 
     House Report 108-195 or Senate Report 108-89 that are not 
     changed by the conference are approved by the committee of 
     conference. The statement of the managers, while repeating 
     some report language for emphasis, does not negate the 
     language referenced above unless expressly provided herein.

                        Reprogramming Guidelines

       The managers have revised the reprogramming guidelines to 
     address the issue of assessments and charges within 
     departments and agencies or by other agencies, and to clarify 
     other issues. Changes to the guidelines proposed by the House 
     include a technical change to the definition section and a 
     revised section 2(e).
       The following are the revised procedures governing 
     reprogramming actions for programs and activities funded in 
     the Interior and Related Agencies Appropriations Act:
       1. Definition.--``Reprogramming,'' as defined in these 
     procedures, includes the reallocation of funds from one 
     budget activity to another. In cases where either Committee 
     report displays an allocation of an appropriation below the 
     activity level, that more detailed level shall be the basis 
     for reprogramming. For construction accounts, a reprogramming 
     constitutes the reallocation of funds from one construction 
     project (identified in the justification or Committee report) 
     to another. A reprogramming shall also consist of any 
     significant departure from the program described in the 
     agency's budget justifications. This includes proposed 
     reorganizations even without a change in funding.
       2. Guidelines for Reprogramming.--(a) A reprogramming 
     should be made only when an unforeseen situation arises; and 
     then only if postponement of the project or the activity 
     until the next appropriation year would result in actual loss 
     or damage. Mere convenience or desire should not be factors 
     for consideration.
       (b) Any project or activity, which may be deferred through 
     reprogramming, shall not later be accomplished by means of 
     further reprogramming; but, instead, funds should again be 
     sought for the deferred project or activity through the 
     regular appropriations process.
       (c) Reprogramming should not be employed to initiate new 
     programs or to change allocations specifically denied, 
     limited or increased by the Congress in the Act or the 
     report. In cases where unforeseen events or conditions are 
     deemed to require such changes, proposals shall be submitted 
     in advance to the Committee, regardless of amounts involved, 
     and be fully explained and justified.
       (d) Reprogramming proposals submitted to the Committee for 
     approval shall be considered approved 30 calendar days after 
     receipt if the Committee has posed no objection. However, 
     agencies will be expected to extend the approval deadline if 
     specifically requested by either Committee.
       (e) Proposed changes to estimated working capital fund 
     bills and estimated overhead charges, deductions, reserves or 
     holdbacks, as such estimates were presented in annual budget 
     justifications, shall be submitted through the reprogramming 
     process.
       3. Criteria and Exception.--Any proposed reprogramming must 
     be submitted to the Committee in writing prior to 
     implementation if it exceeds $500,000 annually or results in 
     an increase or decrease of more than 10 percent annually in 
     affected programs, with the following exception:
       With regard to the tribal priority allocations activity of 
     the Bureau of Indian Affairs, Operations of Indian Programs 
     account, there is no restriction on reprogrammings among the 
     programs within this activity. However, the Bureau shall 
     report on all reprogrammings made during the first six months 
     of the fiscal year by no later than May 1 of each year, and 
     shall provide a final report of all reprogrammings for the 
     previous fiscal year by no later than November 1 of each 
     year.
       4. Quarterly Reports.--(a) All reprogrammings shall be 
     reported to the Committee quarterly and shall include 
     cumulative totals. (b) Any significant shifts of funding 
     among object classifications also should be reported to the 
     Committee.
       5. Administrative Overhead Accounts.--For all 
     appropriations where costs of overhead administrative 
     expenses are funded in part from ``assessments'' of various 
     budget activities within an appropriation, the assessments 
     shall be shown in justifications under the discussion of 
     administrative expenses.
       6. Contingency Accounts.--For all appropriations where 
     assessments are made against various budget activities or 
     allocations for contingencies, the Committee expects a full 
     explanation, separate from the justifications. The 
     explanation shall show the amount of the assessment, the 
     activities assessed, and the purpose of the fund. The 
     Committee expects reports each year detailing the use of 
     these funds. In no case shall a fund be used to finance 
     projects and activities disapproved or limited by Congress or 
     to finance new permanent positions or to finance programs or 
     activities that could be foreseen and included in the normal 
     budget review process. Contingency funds shall not be used to 
     initiate new programs.
       7. Declarations of Taking.--The Committee directs the 
     Bureau of Land Management, the U.S. Fish and Wildlife 
     Service, the National Park Service, and the Forest Service to 
     seek Committee approval in advance of filing declarations of 
     taking.
       8. Report Language.--Any limitation, directive, or 
     earmarking contained in either the House or Senate report 
     which is not contradicted by the other report nor 
     specifically denied in the conference report shall be 
     considered as having been approved by both Houses of 
     Congress.
       9. Forest Service.--The following procedures shall apply to 
     the Forest Service, Department of Agriculture:
       (a) The Forest Service shall not change the boundaries of 
     any region, abolish any region, move or close any regional 
     office for research, State and private forestry, or National 
     Forest System administration, without the consent of the 
     House and Senate Committees on Appropriations in compliance 
     with these reprogramming procedures.
       (b) Provisions of section 702(b) of the Department of 
     Agriculture Organic Act of 1944 (7 U.S.C. 2257) and of 7 
     U.S.C. 147b shall apply to appropriations available to the 
     Forest Service only to the extent that the proposed transfer 
     is approved by the House and Senate Committees on 
     Appropriations in compliance with these reprogramming 
     procedures.
       10. Assessments.--No assessments shall be levied against 
     any program, budget activity, subactivity, or project funded 
     by the Interior Appropriations Act unless such assessments 
     and the basis therefore are presented to the Committees on 
     Appropriations and are approved by such Committees, in 
     compliance with these procedures.
       11. Land Acquisitions and Forest Legacy.--Lands shall not 
     be acquired for more than the approved appraised value (as 
     addressed in section 301(3) of Public Law 91-646) except for 
     condemnations and declarations of taking, unless such 
     acquisitions are submitted to the Committees on 
     Appropriations for approval in compliance with these 
     procedures.
       12. Land Exchanges.--Land exchanges, wherein the estimated 
     value of the Federal lands to be exchanged is greater than 
     $500,000, shall not be consummated until the Committees on 
     Appropriations have had a 30-day period in which to examine 
     the proposed exchange.
       13. The appropriation structure for any agency shall not be 
     altered without advance approval of the House and Senate 
     Committees on Appropriations.

                          Competitive Sourcing

       The managers support the underlying principle of the 
     Administration's competitive sourcing initiative, which is 
     that the government must continually strive to improve the 
     efficiency of its operations and the delivery of the services 
     it provides to the citizens of the United States. The 
     managers are concerned that this far-reaching initiative 
     appears to be on such a fast track that the Congress and the 
     public are neither able to participate nor understand the 
     costs and implications of the decisions being made. The

[[Page H9921]]

     managers remain concerned that the Administration has failed 
     to budget adequately for the cost of the initiative and to 
     justify such costs in budget documents. As a result, 
     significant sums are being expended in violation of 
     reprogramming guidelines and at the expense of critical, on-
     the-ground work such as the maintenance of Federal 
     facilities. While millions have been spent to date, 
     reprogramming letters have not been forwarded to the House 
     and Senate Committees on Appropriations and funds have been 
     diverted from important programs.
       The managers have included bill language in Title III, 
     General Provisions, outlining specific spending limits and 
     reporting requirements for each program, project, and 
     activity affected by the competitive sourcing initiative. 
     These fiscal year 2004 funding instructions apply to all 
     studies for which work has not yet begun, even though a 
     department or agency may have previously announced plans to 
     conduct such studies. The managers note that these 
     requirements should not be construed as opposition to the 
     careful and considered conduct of a competitive sourcing 
     program. The managers want to ensure that there is full 
     disclosure on the use of appropriated funds in order to 
     enable Congress and the public to evaluate the costs and 
     tradeoffs involved in an initiative of this magnitude.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   MANAGEMENT OF LANDS AND RESOURCES

       The conference agreement provides $850,321,000 for 
     management of lands and resources instead of $834,088,000 as 
     proposed by the House and $847,091,000 as proposed by the 
     Senate.
       Changes to the House for land resources include increases 
     of $1,000,000 for the National Center for Invasive Plant 
     Management, $500,000 for Idaho weed control, $200,000 for the 
     Rio Puerco watershed, and $200,000 for range monitoring.
       The bureau is urged to implement the provisions of a 
     Candidate Conservation Agreement in Idaho concerning Lepidium 
     Papilliferdum should adequate funding exist.
       The managers expect the bureau to use the additional funds 
     provided for range management to increase service to grazing 
     permittees by increasing cooperative monitoring on grazing 
     allotments.
       Changes to the House for recreation management include an 
     increase of $1,000,000 for the Undaunted Stewardship Program 
     and decreases of $500,000 for Otay Mountains management, and 
     $1,000,000 for the National Landscape Conservation System.
       Changes to the House for energy and minerals include an 
     increase of $1,500,000 for processing applications to drill 
     for coalbed methane and conventional fuels on the public 
     lands.
       The managers direct that the additional funds for 
     processing applications for coalbed methane and conventional 
     oil and natural gas be earmarked for Colorado, Montana, New 
     Mexico, and Utah. The managers believe that the Bureau has 
     made progress developing necessary mechanisms to ensure that 
     the backlog of oil and gas permitting activities will be 
     addressed in a timely manner. Based on this assessment, the 
     managers have modified Senate report language to give the 
     Director of the Bureau of Land Management the discretion on 
     whether to implement the pilot program outlined in Senate 
     report 108-89.
       Several years ago, the Appropriations Committees recognized 
     the need to increase staffing for the Bureau's energy 
     activities to ensure that additional amounts of clean natural 
     gas could be produced on Federal lands where production could 
     be accomplished in an environmentally balanced manner. Based 
     on the recently completed Environmental Impact Statement for 
     the Powder River Basin and increased staffing for the Buffalo 
     and Miles City field offices, the managers expect more than 
     3,000 permits to drill will be issued in 2004.
       The managers understand that the greater Green River and 
     Uinta-Piceance basins have large amounts of producible 
     natural gas. The managers have provided additional resources 
     for these field offices as well as for promising basins in 
     New Mexico, Colorado and Utah. The managers urge the Bureau 
     to contract for the next Energy Policy Act basin study. This 
     information is essential for making decisions on future 
     energy production. The Bureau should continue to work 
     diligently to reduce impediments to production.
       The change to the House for Alaska minerals is an increase 
     of $262,000.
       Changes to the House for realty and ownership management 
     include increases of $9,500,000 for Alaska conveyance, 
     $1,000,000 for GIS mapping in Utah, $225,000 for Spirit/Twin 
     Lakes Omitted Lands Act activities, $1,000,000 for rights-of-
     way cost recovery, $750,000 for the Alaska public lands 
     database, and $1,000,000 for recordable disclaimer 
     applications in Alaska.
       The managers support the Bureau's efforts to continue 
     implementing realty actions set forth in the Clark County 
     Act.
       Changes to the House for resource protection and 
     maintenance include decreases of $200,000 for desert rangers 
     in California, $200,000 for the restoration of lands in 
     Arizona damaged by undocumented aliens, and $500,000 for 
     Imperial Sand Dunes law enforcement and management.
       The change to the House for transportation and facilities 
     maintenance is an increase of $1,000,000 for capping oil 
     wells in the National Petroleum Reserve Alaska.
       The change to the House for challenge cost share is a 
     decrease of $504,000.
       The managers retained House language for the horse and 
     burro program instead of Senate language, which had minor 
     technical differences.


                        WILDLAND FIRE MANAGEMENT

       The conference agreement provides $792,725,000 for wildland 
     fire management instead of $698,725,000 as proposed by both 
     the House and the Senate. The total includes $99,000,000 to 
     repay prior year advances as described below.
       The change to the House for preparedness is a decrease of 
     $25,000,000 of which $20,000,000 is redirected to fire 
     suppression operations.
       The change to the House for other operations is a decrease 
     of $5,000,000 that is redirected to fire suppression 
     operations.
       The change to the House fire suppression operations is an 
     increase of $25,000,000. This funds fire suppression 
     operations at the ten-year average.
       The managers have provided an additional $99,000,000 in 
     emergency funding as requested by the Administration to repay 
     prior year advances from other appropriation accounts from 
     which funds were transferred for wildfire suppression 
     activities.
       The managers retain Senate language establishing criteria 
     for contracting certain fire activities; the House had 
     similar language.


                    CENTRAL HAZARDOUS MATERIALS FUND

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


                              CONSTRUCTION

       The conference agreement provides $13,976,000 for 
     construction instead of $10,976,000 as proposed by the House 
     and $12,476,000 as proposed by the Senate.
       Changes to the House for construction include increases of 
     $1,000,000 for the construction of the California Trail 
     Interpretive Center in Nevada and $2,000,000 for site 
     preparation work associated with the construction of the Agua 
     Caliente Cultural Museum in California. This completes the 
     Bureau's participation in the Agua Caliente project.


                            LAND ACQUISITION

       The conference agreement provides $18,600,000 for land 
     acquisition instead of $14,000,000 as proposed by the House 
     and $25,600,000 as proposed by the Senate. Funds should be 
     distributed as follows:

        Area (State)                                             Amount
Blackfoot River Watershed (MT)...............................$3,000,000
California Wilderness (CA)......................................750,000
Canyon of the Ancients NM (CO)..................................600,000
Chain-of-Lakes RMA (MT).......................................1,750,000
Elkhorn/Ironmask (MT)...........................................750,000
Kasha-Katuwe Tent Rocks NM (NM)...............................1,500,000
Lower Salmon River ACEC (ID)....................................750,000
Otay Mountains/Kuchama AHCP (CA)..............................1,000,000
Sandy River/Oregon NHT (OR)...................................1,000,000
Santa Rosa and San Jacinto Mountains NM (CA)....................750,000
Upper Snake/South Fork Snake River (ID).......................1,250,000
Washington County HCP (UT)......................................500,000
                                                       ________________
                                                       
    Subtotal.................................................13,600,000
Land Equalization Payment.......................................500,000
Acquisition Management........................................3,500,000
Emergency/Inholdings/Relocation...............................1,000,000
                                                       ________________
                                                       
    Total....................................................18,600,000


                   OREGON AND CALIFORNIA GRANT LANDS

       The conference agreement provides $106,672,000 for Oregon 
     and California grant lands as proposed by both the House and 
     the Senate.


                           RANGE IMPROVEMENTS

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


               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

       The conference agreement provides an indefinite 
     appropriation for service charges, deposits, and forfeitures, 
     which is estimated to be $18,657,000 in the Senate bill 
     instead of an estimated $20,490,000 in the House bill.
       Changes to the House estimate for service charges, 
     deposits, and forfeitures include decreases of $1,333,000 for 
     rights-of-way processing and $500,000 for realty cost 
     recovery.


                       MISCELLANEOUS TRUST FUNDS

       The conference agreement provides an indefinite 
     appropriation of $12,405,000 for miscellaneous trust funds as 
     proposed by both the House and the Senate.

                United States Fish and Wildlife Service


                          RESOURCE MANAGEMENT

       The conference agreement provides $963,352,000 for resource 
     management instead of $959,901,000 as proposed by the House 
     and $942,244,000 as proposed by the Senate. The numerical 
     changes described below are to the House recommended level.
       In endangered species programs, there are increases in 
     candidate conservation of $150,000 for Alaska sea otter and 
     walrus and

[[Page H9922]]

     $10,000 for slickspot peppergrass. In recovery, there are 
     increases of $100,000 for wolf recovery efforts of the Nez 
     Perce Tribe, $100,000 for the Service's Snake River Basin 
     office wolf recovery efforts, $460,000 for the Idaho Office 
     of Species Conservation wolf recovery efforts, $2,000,000 for 
     Atlantic salmon grants administered by the National Fish and 
     Wildlife Foundation, $500,000 for Lahontan cutthroat trout, 
     $150,000 for fresh water mussels at the White Sulphur Springs 
     NFH, WV, and $900,000 for Eider recovery through the Alaska 
     SeaLife Center. There is also an increase in recovery of 
     $15,000 for wolf monitoring in Montana and Wyoming, which 
     provides a total of $515,000 for efforts in those two States.
       In habitat conservation, increases for the partners for 
     fish and wildlife program include $500,000 for the Montana 
     Water Center wild fish habitat initiative, $1,250,000 for 
     Nevada biodiversity research, $100,000 for bald eagle 
     restoration through the Vermont natural heritage partners 
     program, $750,000 for Hawaii endangered species, $700,000 for 
     Hawaii invasive species control, $500,000 for ferret 
     reintroduction on Rosebud Sioux tribal lands, $850,000 for 
     wildlife enhancement in Starkville, MS, and $50,000 for 
     technical assistance at the New Jersey Meadowlands. There are 
     also decreases in the partners program of $500,000 for Walla 
     Walla Basin fish passage and salmon recovery, $250,000 for 
     restoration in the Tunkhannock and Bowman's Creek watersheds 
     in Pennsylvania, and a general decrease of $4,000,000. There 
     is an increase in project planning of $550,000 for Middle Rio 
     Grande/Bosque research.
       In refuge operations and maintenance there are general 
     decreases of $3,000,000 for refuge operations and $3,000,000 
     for refuge maintenance.
       In migratory birds programs, increases include $575,000 for 
     seabird bycatch reduction and $800,000 for management of 
     albatross in the north Pacific.
       In law enforcement operations, increases include $700,000 
     for a Louisville, KY port of entry and $700,000 for a 
     Memphis, TN port of entry. There are also decreases of 
     $1,000,000 for wildlife inspectors along the northern and 
     southern borders and $450,000 for the Atlanta, GA port of 
     entry.
       In fishery programs, there is a decrease of $312,000 for 
     hatchery operations. In fish and wildlife management, 
     increases include $250,000 for the Connecticut River 
     Commission, $300,000 for whirling disease research through 
     the National Partnership on Management of Wild and Native 
     Coldwater Fisheries, $100,000 for resistant trout research 
     with the Whirling Disease Foundation Health Center in 
     Montana, $400,000 for the Wildlife Health Center in Montana, 
     $403,000 for Yukon River salmon treaty implementation, 
     $150,000 for fish passage adjacent to railroads in Alaska, 
     $250,000 for the Regional Mark Processing Center, and 
     $1,000,000 for marine mammal population surveys in Alaska.
       In general administration, increases include $450,000 for 
     operations and maintenance at the National Conservation 
     Training Center, WV, and $400,000 for the Caddo Lake Ramsar 
     Center in Texas.
       Bill Language.--The conference agreement includes the House 
     earmark of $2,000,000 for Natural Communities Conservation 
     Planning, as provided in past years, rather than suggesting 
     that this program compete for funds through the cooperative 
     endangered species program as proposed in Senate report 
     language. The conference agreement does not include Senate 
     language on economic development in Starkville, MS, but 
     $850,000 is included under the partners for fish and wildlife 
     program for wildlife enhancement in Starkville, MS.
       The managers continue to be concerned about the Service's 
     cost allocation methodology. The Inspector General is 
     currently examining this issue. The Service should work 
     closely with the Inspector General and the House and Senate 
     Committees on Appropriations to resolve the current problems 
     in CAM. The managers agree that CAM needs to be reformed so 
     that it is clearly justified and transparent. It is 
     inappropriate to supplement shortfall funding in headquarters 
     and regional office budgets using CAM. The Service should 
     realign its budget justification line items to budget 
     accurately for the costs of headquarters and regional offices 
     and clearly explain what costs are included in CAM and why.
       The managers agree to the following:
       1. There is up to $15,000,000 in the Forest Service budget 
     for ESA consultation work associated with fuels reduction 
     projects but these funds have not been fully utilized by the 
     Service. The Service should work more closely with the Forest 
     Service to see that those funds are released in a timely 
     manner to address critical fuels reduction needs in Montana 
     and elsewhere.
       2. Sixty percent of the funding provided for wolf 
     monitoring in Montana and Wyoming is for work in Montana and 
     40 percent is for work in Wyoming.
       3. The partners for fish and wildlife program has been very 
     successful and any increase in base program funding should be 
     used by the Service to fund additional projects within the 
     context of the existing program.
       4. While appreciating the merits of an oyster 
     revitalization program in Delaware Bay, no funding is 
     included because this program should be under the 
     jurisdiction of the National Marine Fisheries Service rather 
     than the U.S. Fish and Wildlife Service.
       5. The $50,000 provided for the New Jersey Meadowlands 
     project in the partners for fish and wildlife program should 
     be used together with unobligated balances available from 
     fiscal year 2003, and the appropriate amount needed for the 
     project in fiscal year 2005 should be included in the budget 
     request for fiscal year 2005.
       6. None of the funds provided for the Caddo Lake Ramsar 
     Center in Texas may be used for infrastructure or 
     construction-related projects.
       7. The Service may use a portion of the funds provided for 
     fish passage to continue its effort to develop a computerized 
     fish passage decision support system.
       8. With the increase provided for the National Partnership 
     on Management of Wild and Native Coldwater Fisheries whirling 
     disease program, there is a total of $1 million for that 
     program in fiscal year 2004.
       9. With the increase provided for resistant trout research 
     with the Whirling Disease Foundation, there is a total of 
     $350,000 for that program in fiscal year 2004.
       10. The reprogramming request for expansion of the 
     Service's California/Nevada Office is approved with the 
     understanding that the Service will keep the House and Senate 
     Committees on Appropriations advised on at least a semi-
     annual basis of progress in phasing-in the additional 
     staffing for the office.
       11. Within the funds provided for refuge operations and 
     maintenance, $450,000 should be used for rodent control at 
     the Alaska Maritime NWR.
       12. There is no earmark within available funds in the 
     refuge operations and maintenance budget for spartina grass 
     control at the Willapa NWR, WA, because the conference 
     agreement provides an increase of $300,000 for that program 
     as proposed by the House.
       13. The Service should work closely with the office of 
     aircraft services to develop a plan for replacement of 
     aircraft. Increased payments to the OAS reserve account will 
     need to be phased in over time and the necessary increases 
     should be included in future budgets as uncontrollable cost 
     increases and should not be funded at the expense of the base 
     budget.
       14. While the managers have accepted the travel reductions 
     proposed in the budget request, mission essential travel, 
     including travel associated with mandatory or Service-
     critical training requirements, should not be reduced.
       15. The managers are aware that the U.S. Fish and Wildlife 
     Service has provided assistance to private entities 
     attempting to remove cattle from Chirikof Island in the 
     Alaska Maritime NWR. Given that these efforts have not been 
     entirely successful, the managers urge the Service to work 
     with the State and interested stakeholders on alternative 
     strategies for cattle management. The managers further 
     encourage the State to consider making range available on 
     nearby State-owned islands.
       16. In 2003, the Don Edwards National Wildlife refuge 
     expanded by 10,000 acres as a result of acquisition of the 
     former Cargill Salt Ponds, which was financed mainly by non-
     federal sources. The managers recognize that this expansion 
     may require an increase in the operating budget for the 
     refuge.


                              CONSTRUCTION

       The conference agreement provides $60,554,000 for 
     construction instead of $52,718,000 as proposed by the House 
     and $53,285,000 as proposed by the Senate. Funds are to be 
     distributed as follows:

                         [Dollars in thousands]
------------------------------------------------------------------------
              Project                    Description        Disposition
------------------------------------------------------------------------
Alaska Maritime NWR, AK...........  Equip visitor center            $400
Anchorage Int'l Airport, AK.......  Hangar--Phase II               5,000
                                     [cc].
Audubon Center for Research of      Whooping Crane                 1,200
 Endangered. Species, LA.            Breeding Facility
                                     [cc].
Bear River NWR, UT................  Water mgmt.                      500
                                     improvements.
Bitter Lake NWR, NM...............  Joe Skeen Visitors             1,400
                                     Center [cc].
Bozeman Fish Technology Center, MT  Laboratory/                    1,887
                                     Administration
                                     Building--Phase V
                                     [cc].
Cabo Rojo NWR, PR.................  Replace Office                 3,700
                                     Building (Seismic)--
                                     Phase II [cc].
Canaan Valley NWR, WV.............  Visitor improvements/            600
                                     law enforcement
                                     housing.
Cape Romain, NWR, SC..............  Dike/Water control               500
                                     structures [c].
Clark R. Bavin Forensics            Security upgrades                765
 Laboratory, OR.                     (not funded in
                                     2003).
Crab Orchard NWR, IL..............  Devil's Kitchen Dam--            500
                                     Phase I [d].
Dam Safety........................  Structural Studies               660
                                     (not funded in
                                     2003).
Entiat NFH, WA....................  Seismic Safety                   120
                                     Rehabilitation of
                                     Four Buildings--
                                     Phase I [p/d].
Garrison Dam, ND..................  Fish pond                        300
                                     improvements.
Iron River NFH, WI................  Replace Domes at                 600
                                     Schacte Creek with
                                     Buildings--Phase
                                     III [cc].
Jordan River NFH, MI..............  Replace Great Lakes            5,500
                                     Fish Stocking
                                     Vessel, M/V Togue--
                                     Phase III [cc].
Kenai NWR, AK.....................  Cabins, trails,                1,000
                                     campgrounds.
Kodiak NWR, AK....................  Visitor Center [c]..           1,000
Kofa NWR, AZ......................  Seismic Safety                   350
                                     Rehabilitation--Pha
                                     se I [p/d].
Lacreek NWR, SD...................  Little White River               730
                                     Dam--Phase II [d].
Lahontan NFH, NV..................  Seismic Safety                    70
                                     Rehabilitation of
                                     Two Buildings--
                                     Phase I [p/d].
Makah NFH, WA.....................  Seismic Safety                    80
                                     Rehabilitation of
                                     One Building--Phase
                                     I [p/d].
Mammoth Springs NFH, AR...........  Visitor center                 1,000
                                     renovation [c].
National Eagle Repository, CO.....  Repository                       110
                                     incinerator [p/d/
                                     cc].
Neosho NFH, MO....................  Office and Visitors            1,000
                                     Center [c].
Northeast Fishery Center Complex,   Laboratory                     1,150
 PA.                                 expansion,
                                     accessible fishing,
                                     etc.
Northwest Power Planning Area.....  Fish screens, etc...           3,000
Ohio River Islands NWR, WV........  Visitors Center,               1,561
                                     office space &
                                     equipment [cc].
Okeefenokee Concession, GA........  Concession facility.             525
Puerto Rican Parrot, PR...........  Replace/Relocate               1,700
                                     Aviary.
Security Upgrades.................  Servicewide (not                 700
                                     funded in 2003).
Servicewide.......................  Bridge Safety                    575
                                     Inspections.

[[Page H9923]]

 
Servicewide.......................  Dam Safety Programs              730
                                     and Inspections.
Servicewide.......................  Replace Survey                 1,000
                                     Aircraft.
Servicewide.......................  Initial inspections            1,291
                                     for recently
                                     acquired dams.
Sevilleta NWR, NM.................  Laboratory                     1,000
                                     construction.
Silvio O. Conte NWR, VT...........  Nulhegan Div.                    450
                                     visitor contact
                                     station, office &
                                     maintenance
                                     buildings [p/d].
Visitor Contact Facilities........  Servicewide.........           3,000
White Sulphur Springs NFH, WV.....  Equipment upgrades..              50
Winthrop NFH, WA..................  Seismic Safety                   130
                                     Rehabilitation of
                                     Four Buildings--
                                     Phase I [p/d].
Wolf Creek NFH, KY................  Visitors Center [cc]           2,100
World Birding Ctr., TX............  Construction........           1,300
                                                         ---------------
    Subtotal, Line Item             ....................          49,234
     Construction.
                                                         ===============
Nationwide Engineering Services:
Cost Allocation Methodology.......  ....................           3,058
Environmental Compliance..........  ....................           1,650
Other, non-project specific         ....................           6,262
 Nationwide Engineering Services.
Seismic Safety Program............  ....................             200
Waste Prevention, Recycling         ....................             150
 Environmental Mgmt.
                                                         ---------------
    Subtotal, Nationwide            ....................          11,320
     Engineering Services.
    Total.........................  ....................          60,554
------------------------------------------------------------------------

       The managers agree to the following:
       1. Language is included in the resource management account 
     and the departmental management account concerning the 
     replacement of survey aircraft.
       2. The funding provided for equipment at the Alaska 
     Maritime NWR, AK, completes the Service's commitment for 
     construction of this project.
       3. The funding provided for cabins, trails, and campgrounds 
     at the Kenai NWR, AK, is the full amount needed for this 
     project.
       4. The funding provided for laboratory expansion and other 
     improvements at the Northeast Fishery Center Complex, PA, is 
     the full amount needed for these projects.
       5. No funding is provided for a master plan and 
     environmental assessment at the Patuxent Research Center, MD. 
     The Service should work closely with the U.S. Geological 
     Survey to develop a budget for this program that clearly and 
     fairly delineates the funding requirements for each of the 
     bureaus. The Service should not fund any costs that are not 
     specifically required for the refuge. The USGS should fund 
     the costs related to the research center.
       6. The funding provided for replacing the Puerto Rican 
     parrot aviary is the full Federal share from the Service's 
     construction budget.
       7. The funding provided for the Wolf Creek NFH, WV, visitor 
     center completes this project.


                            LAND ACQUISITION

       The conference agreement provides $43,628,000 for land 
     acquisition instead of $23,058,000 as proposed by the House 
     and $64,689,000 as proposed by the Senate. Funds should be 
     distributed as follows:

        Area (State)                                             Amount
Alaska Peninsula NWR (AK)......................................$250,000
Baca NWR (CO).................................................7,000,000
Back Bay NWR (VA)...............................................750,000
Balcones Canyonland NWR (TX)..................................2,000,000
Big Muddy NFWR (MO).............................................500,000
Boyer Chute NWR (NE)............................................500,000
Canaan Valley NWR (WV)..........................................600,000
Cape May NWR (NJ)...............................................750,000
Chickasaw NWR (TN)..............................................750,000
Clarks River NWR (KY)...........................................500,000
Dakota Tallgrass Prairie (SD).................................1,000,000
Great River NWR (MO/IL).........................................500,000
Great Swamp NWR (NJ)............................................750,000
James Campbell NWR (HI).........................................250,000
Lower Hatchie NWR (TN)........................................1,800,000
Lower Rio Grande NWR (TX).....................................1,000,000
Northern Tallgrass Prairie (MN/IA)..............................470,000
Patoka River NWR (IN)...........................................500,000
Rachel Carson NWR (ME)..........................................750,000
Red River NWR (LA)..............................................500,000
Rhode Island refuge complex (RI)..............................1,000,000
San Diego NWR (CA)............................................2,000,000
Silvio O Conte NWR (MA/NH/VT)...................................750,000
Togiak NWR (AK)...............................................1,000,000
Waccamaw NWR (SC).............................................1,300,000
Western Montana Project/Blackfoot Challenge...................2,000,000
White Sulphur Springs NFH (WV)..................................400,000
Yukon Flats NWR (AK)............................................500,000
                                                       ________________
                                                       
    Subtotal.................................................30,070,000
Acquisition Management........................................8,500,000
Emergencies and Hardship......................................1,000,000
Exchanges.......................................................500,000
Inholdings....................................................1,500,000
Cost Allocation Methodology (CAM).............................2,058,000
                                                       ________________
                                                       
    Total....................................................43,628,000

       The managers are supportive of the Detroit River 
     International Wildlife Refuge but have deferred decisions on 
     further appropriations at this time based on information from 
     the Service that additional funds could not be obligated in 
     2004. Further acquisitions have been delayed pending 
     resolution of outstanding issues related to contaminants. The 
     managers strongly encourage the Service to work to address 
     these issues so that further development of the refuge can 
     proceed.
       The managers understand and appreciate the potential 
     benefits of a proposed expansion of the James Campbell 
     National Wildlife Refuge on the island of Oahu, Hawaii. The 
     expansion would restore over 800 acres of prime wetland 
     habitat, while simultaneously mitigating flood risks for 
     neighboring communities. The managers strongly urge the 
     Service to work expeditiously to complete action on the joint 
     EIS.
       The managers have not included funding for Minnesota Valley 
     National Wildlife Refuge because there are presently no 
     options to purchase land.


                      LANDOWNER INCENTIVE PROGRAM

       The conference agreement provides $30,000,000 for the 
     landowner incentive program instead of $40,000,000 as 
     proposed by both the House and the Senate.


                           STEWARDSHIP GRANTS

       The conference agreement provides $7,500,000 for 
     stewardship grants instead of $10,000,000 as proposed by both 
     the House and the Senate.


            cooperative endangered species conservation fund

       The conference agreement provides $82,614,000 for the 
     cooperative endangered species conservation fund instead of 
     $86,614,000 as proposed by both the House and the Senate. The 
     managers have agreed to a decrease of $4,000,000 for Section 
     6 grants.


                     national wildlife refuge fund

       The conference agreement provides $14,414,000 for the 
     national wildlife refuge fund as proposed by both the House 
     and the Senate.


               north american wetlands conservation fund

       The conference agreement provides $38,000,000 for the North 
     American wetlands conservation fund instead of $24,560,000 as 
     proposed by the House and $42,982,000 as proposed by the 
     Senate. Increases to the House proposed level include 
     $12,902,000 for wetlands conservation and $538,000 for 
     administration.


                neotropical migratory bird conservation

       The conference agreement provides $4,000,000 for 
     Neotropical migratory bird conservation instead of $5,000,000 
     as proposed by the House and $3,000,000 as proposed by the 
     Senate.


                multinational species conservation fund

       The conference agreement provides $5,600,000 for the 
     multinational species conservation fund instead of $5,000,000 
     as proposed by the House and $6,000,000 as proposed by the 
     Senate. Changes to the House level include an increase of 
     $200,000 each for the African elephant program, the Asian 
     elephant program, and the great apes program.


                    state and tribal wildlife grants

       The conference agreement provides $70,000,000 for State and 
     tribal wildlife grants instead of $75,000,000 as proposed by 
     both the House and the Senate.
       Bill Language.--The conference agreement earmarks 
     $6,000,000 for competitive grants with tribes as proposed by 
     the House instead of $5,000,000 as proposed by the Senate. 
     The conference agreement does not include bill language 
     proposed by the Senate on the use of funds for education 
     efforts. This issue is addressed below.
       The managers agree that the purpose of State and tribal 
     wildlife grants is to restore and protect habitat. To the 
     extent that an education component is critical to the success 
     of a habitat restoration and preservation project, it is 
     permissible. The managers expect that such an education 
     component should involve a de minimus amount of funding and 
     will not be required for many projects. An example of an 
     acceptable education component is on-site posting of signs 
     explaining the purpose of a habitat restoration project and 
     explaining why it is important to avoid trespassing on newly 
     restored habitat. Another example is the development of an 
     explanatory handout or simple brochure that could be 
     distributed to interested parties. In no case should the cost 
     of an education component exceed 10 percent of the funding 
     for a project.
       While the managers agree that there may be synergies 
     between the State and tribal wildlife grant program and the 
     State assistance program in the National Park Service, the 
     managers caution the Service and the States that the mission 
     of the State and tribal wildlife grant program is habitat 
     restoration and preservation.


                       administrative provisions

       The conference agreement includes language referring to the 
     reprogramming guidelines in the front of the statement of the 
     managers accompanying this Act. The House and Senate had 
     referenced the reprogramming guidelines in earlier reports.

                         National Park Service


                 operation of the national park system

       The conference agreement provides $1,629,641,000 for the 
     operation of the national park system instead of 
     $1,630,882,000 as proposed by the House and $1,636,299,000 as 
     proposed by the Senate.
       The conference agreement provides $340,114,000 for resource 
     stewardship. Changes to the House level include a reduction 
     of $1,106,000 to restore half of the fiscal year 2003 across 
     the board reduction, an increase of $3,102,000 for park 
     specific increases, a reduction of $2,924,000 for inventory 
     and monitoring programs, an increase of $225,000 for 
     Cumberland Piedmont Network, and an increase of $375,000 for 
     Vanishing Treasures.

[[Page H9924]]

       The conference agreement provides $324,348,000 for Visitor 
     Services. Changes to the House level include a decrease of 
     $1,031,000 to restore half of the fiscal year 2003 across the 
     board reduction, and an increase of $649,000 for park 
     specific increases.
       The conference agreement provides $567,230,000 for 
     maintenance. Changes to the House level include a reduction 
     of $1,701,000 to restore half of the fiscal year 2003 across 
     the board reduction, an increase of $1,765,000 for park 
     specific increases, and a reduction of $2,000,000 for 
     facility condition assessments.
       The conference agreement provides $286,378,000 for park 
     support. Changes to the House level include reductions of 
     $516,000 for park specific increases, $500,000 for management 
     accountability review, and $927,000 to restore half of the 
     fiscal year 2003 across the board reduction and increases of 
     $300,000 for partnership wild and scenic rivers programs and 
     $400,000 to expand the volunteers in parks programs.
       The conference agreement provides $114,571,000 for external 
     administrative costs. This is a reduction of $352,000 from 
     the House level.
       There is a general reduction of $3,000,000.
       Within the maintenance account, the managers direct the 
     following: $300,000 for landscape improvements at Gettysburg 
     NMP, $550,000 for improvements to comfort stations and the 
     North Shore Cemetery at Great Smoky Mountains NP in North 
     Carolina, $210,000 for a water connection at Indiana Dunes 
     NL, $250,000 for access improvements at Apostle Islands NL, 
     $200,000 for rehabilitation at Valley Forge NMP, $300,000 for 
     Ocmulgee NM repairs, and $250,000 for a boundary survey and 
     $200,000 for building stabilization and demolition work at 
     New River Gorge NR, West Virginia. Up to $1 million of funds 
     appropriated for repair and rehabilitation should be used for 
     maintenance work associated with the First Flight Centennial 
     Celebration at the Wright Brothers National Memorial, North 
     Carolina.
       In addition to the statutory requirements and limitations 
     agreed to in this bill, the managers believe that the 
     National Park Service in reviewing requests for use of the 
     Mall for special events should ensure that event organizers 
     have addressed the requirements which such events may impose 
     on public transportation systems and, when events involve 
     very large numbers of visitors or unusual times, ensure that 
     these needs have been coordinated with the Washington 
     Metropolitan Transportation Authority.
       The managers urge the Service to provide, to the extent 
     possible, the necessary support for the administration of the 
     National Historic Lighthouse Preservation Act. Within the 
     increases provided above the request for base operations, 
     $500,000 is provided for nationally designated trails.


                       united states park police

       The conference agreement provides $78,859,000 for the 
     United States Park Police, as proposed by the House instead 
     of $78,349,000 as proposed by the Senate.
       The National Academy of Public Administration conducted a 
     comprehensive review of the U.S. Park Police's mission, 
     budget, staffing and other functions and issued a report to 
     the House and Senate Committees on Appropriations in August 
     2001. The report raised concerns about budget accountability, 
     management issues, and overtime. In addition, the Academy 
     made a recommendation to the Secretary and the Director of 
     the National Park Service to clarify and streamline the 
     mission, responsibilities and priorities of the Park Police. 
     To date this has not been done.
       During the past few months, the managers have become 
     increasingly concerned that most of the Academy's major 
     recommendations have not been implemented and that cost 
     growth continues in several areas, particularly the use of 
     overtime. Therefore, the managers direct the Park Police to 
     contract with the Academy for a follow-up review of the 
     actions taken on their recommendations. The managers strongly 
     urge the Secretary to place a high priority on addressing 
     this issue in a timely manner.


                  NATIONAL RECREATION AND PRESERVATION

       The conference agreement provides $62,544,000 for national 
     recreation and preservation, instead of $54,924,000 as 
     proposed by the House and $60,154,000 as proposed by the 
     Senate.
       The conference agreement provides $555,000 for recreation 
     programs. The change to the House is a reduction of $300,000 
     for the federal lands to parks program.
       The conference agreement provides $11,011,000 for natural 
     programs. There are no changes to the House level.
       The managers are concerned about the finding of the House 
     Appropriation Committee's Surveys and Investigative staff 
     report on the Rivers and Trails technical assistance program. 
     The report raises concerns about the accuracy of the 
     published guidance regarding the availability of financial 
     assistance, the use of non-competitive grants through 
     cooperative agreements and oversight of the program.
       The managers continue to support strongly this technical 
     assistance program and recognize that there has been valuable 
     assistance provided to many communities over the years. 
     However, the managers insist that the officially published 
     guidelines clearly reflect what specific types of assistance 
     are available to communities and set a national deadline for 
     applications. In addition, the program should reassess its 
     use of non-competitive cooperative agreements. The Service 
     should address the issues raised in the study in a report to 
     the House and Senate Committees on Appropriations within 60 
     days of enactment of this Act.
       The conference agreement provides $19,936,000 for cultural 
     programs. Changes from the House level include increases of 
     $765,000 for national register programs and $100,000 for 
     technical assistance at Gettysburg Battlefield NHD. Within 
     available funds, $300,000 is provided to continue activities 
     of Heritage Preservation, Inc.
       The conference agreement provides $1,626,000 for 
     International park affairs, the same level as the House and 
     Senate.
       The conference agreement provides $401,000 for 
     environmental compliance review, the same level as the House 
     and Senate.
       The conference agreement provides $1,595,000 for grant 
     administration, the same level as the House and Senate.
       The conference agreement provides $14,453,000 for 
     nationally designated heritage areas. Funds, excluding 
     $124,000 for administrative costs, are to be distributed as 
     follows:

        Project                                                  Amount
America's Agricultural Heritage Partnership....................$750,000
Augusta Canal National Heritage Area............................400,000
Automobile National Heritage Area...............................600,000
Blue Ridge National Heritage Area...............................500,000
Cache La Poudre River Corridor...................................45,000
Cane River National Heritage Area...............................800,000
Delaware and Lehigh National Heritage Corridor..................800,000
Erie Canalway National Corridor.................................600,000
Essex National Heritage Area..................................1,000,000
Hudson River Valley National Heritage Area......................550,000
Illinois & Michigan Canal National Heritage Corridor............600,000
John H. Chafee Blackstone River Valley NHC......................795,000
Lackawanna Valley National Heritage Area........................550,000
National Coal Heritage Area.....................................123,000
Ohio and Erie Canal National Heritage Corridor................1,000,000
Quinebaug and Shetucket Rivers Valley NHC.......................800,000
Rivers of Steel National Heritage Area........................1,000,000
Schuylkill River Valley National Heritage Area..................497,000
Shenandoah Valley Battlefields NH District......................500,000
South Carolina National Heritage Corridor.....................1,000,000
Tennessee Civil War Heritage Area...............................209,000
Wheeling National Heritage Area...............................1,000,000
Yuma Crossing National Heritage Area............................210,000
                                                       ________________
                                                       
  Total  ....................................................14,329,000

       The conference agreement provides $12,967,000 for statutory 
     or contractual aid, instead of $6,471,000 as proposed by the 
     House and $9,919,000 as proposed by the Senate. The funds are 
     to be distributed as follows:

        Project                                                  Amount
Benjamin Franklin Tercentenary Commission......................$200,000
Blue Ridge Parkway (Folk Art Center)............................750,000
Brown Foundation................................................200,000
Chesapeake Bay Gateways.......................................2,500,000
Dayton Aviation Heritage Commission..............................87,000
Flight 93 Memorial..............................................298,000
French and Indian War (PA)......................................500,000
Harry S. Truman Statue...........................................50,000
Ice Age National Scientific Reserve.............................806,000
Jamestown 2007..................................................199,000
Johnstown Area Heritage Association..............................49,000
Lake Roosevelt Forum.............................................50,000
Lamprey River.................................................1,000,000
Mandan Interpretive Center and Lodge Project....................500,000
Martin Luther King, Jr. Center..................................528,000
Native Hawaiian Culture and Arts Program........................740,000
New Orleans Jazz Commission......................................66,000
Oklahoma City Memorial........................................1,600,000
Office of Arctic Studies......................................1,500,000
Roosevelt Campobello International Park Commission..............847,000
Sleeping Rainbow Ranch, Capitol Reef NP.........................497,000
                                                       ________________
                                                       
    Total....................................................12,967,000

       Funds provided for the Office of Arctic Studies are for 
     work in cooperation with the Anchorage Museum Foundation and 
     funds provided for Sleeping Rainbow Ranch are for work in 
     cooperation with the Utah Valley State College. The $175,000 
     provided in the Senate bill for activities to commemorate the 
     Louisiana Purchase at the Jean Lafitte NHP&P in Louisiana 
     will be provided from within the additional funds provided to 
     the Service for park operations.

[[Page H9925]]

       The managers are aware that the Oklahoma City Trust and the 
     National Park Service are cooperatively exploring a proposal 
     to make changes to the law establishing the Oklahoma City 
     Memorial. In the interim, the managers have included bill 
     language that will allow the Service to establish an 
     operating base to conduct ongoing protection and 
     interpretation activities at the site without the requirement 
     for reimbursement or a non-federal match. Also included is a 
     one-time grant to the Trust of $1,600,000.
       The managers have not included bill language as proposed by 
     the House regarding the use of cooperative agreements. This 
     issue has been addressed under natural programs. The Service 
     is directed to continue its support for the Northern Forest 
     Canoe Trail through the challenge cost share program at 
     $250,000.


                     URBAN PARK AND RECREATION FUND

       The conference agreement provides $305,000 for the urban 
     park and recreation fund, the same as the House and the 
     Senate.


                       HISTORIC PRESERVATION FUND

       The conference agreement provides $74,500,000 for the 
     historic preservation fund instead of $71,000,000 as proposed 
     by the House and $75,750,000 as proposed by the Senate. 
     Changes to the House level include an additional $1,000,000 
     for grants-in-aid to States and Territories, a reduction of 
     $1,000,000 for Historically Black Colleges and Universities, 
     an additional $3,000,000 for Save America's Treasures, and an 
     additional $500,000 for grants-in-aid to the National Trust 
     for Historic Preservation.
       Of the $33,000,000 provided for Save America's Treasures, 
     $15,000,000 is for competitive grants. The balance of the 
     funds are to be distributed as follows:

        Project/State                                            Amount
Adlai Stevenson House, IL......................................$100,000
Admiral Theater, Bremerton, WA..................................200,000
Adventure Gloucester, MA........................................250,000
Artrain USA Museum, Ann Arbor, MI...............................150,000
Astoria Column Astoria, OR......................................345,000
Augusta Theatre, KY.............................................150,000
Avery Point Lighthouse, CT......................................100,000
Barber Scotia College, NC.......................................100,000
Belfry House, MS................................................150,000
Belmont Mansion, Philadelphia, PA...............................200,000
Bemis Auditorium, Bemis, TN.....................................200,000
Benjamin Mays birthplace Greenwood, SC..........................300,000
Bethany College, Bethany, WV....................................220,000
Bogalusa City Hall, LA..........................................100,000
Borman Arts Center Martinsburg, WV..............................100,000
Buckland Preservation, VA........................................50,000
Camp Washington Carver Cliff Top, WV............................150,000
Carillo Ranch, CA...............................................200,000
Cheraw & Darlington Railroad Depot Society Hill, SC..............75,000
Chester Academy, Chester, OH....................................237,000
Conservation of paintings in Old State Capitol, Frankfort, KY....75,000
Council House Grounds, NY.......................................100,000
Crotona Park Bath House, New York, NY...........................100,000
Davidge Hall Baltimore, MD......................................350,000
Edgar Allan Poe Cottage, New York, NY...........................100,000
El Paso Plaza Theater, El Paso, TX..............................200,000
Emily Dickinson Homestead, Amherst, MA..........................200,000
Emporium Building, San Francisco, CA............................200,000
Estudillo Mansion, CA...........................................250,000
F.W. Woolworth Building, Greensboro, NC.........................150,000
Falling Waters, PA..............................................100,000
Feehan Memorial Library Mundelein, IL...........................200,000
Fitz-Green Hallock House, Lake Ronkokoma, NY.....................40,000
Five Fingers Lighthouse, Juneau, AK.............................200,000
Fort Reno historic restoration, Fort Reno, OK...................300,000
Fox Theatre, WA.................................................250,000
Frank Theater Abbeville, LA.....................................100,000
Fremont Adobe, CA...............................................150,000
French Gratitude Boxcar Bismarck, ND.............................80,000
Ft. Abercrombie State Historical Site Ft. Abercrombie, ND.......200,000
Gen. Joseph Wheeler Home, Pond Spring, AL.......................150,000
Grand Opera House of the South, Crowley, LA.....................150,000
Grand Opera, GA.................................................250,000
Gray Building Northfield, VT....................................250,000
Graycliff Estate Derby, NY......................................275,000
Great Brick Chapel, St. Mary's City, MD.........................200,000
H. Alden Smith Mansion, Minneapolis, MN.........................200,000
Haines House, OH.................................................56,000
Hardman Art Building, Macon, GA.................................150,000
Hayesville Opera House, OH.......................................92,000
Henry Whitfield House, Guilford, CT.............................150,000
Homesteak Opera House Lead, SD..................................375,000
Johnstown Flood Memorial, St. Michael's, PA.....................325,000
Karl L. King Band Shell, Fort Dodge, IA.........................253,000
Landers Theatre, MO.............................................250,000
Lloyd House, Alexandria, VA.....................................100,000
Lombard Theatre, IL.............................................300,000
Lopez Adobe, San Fernando, CA...................................150,000
Madison County Courthouse, MT...................................250,000
Mansion House, VA...............................................200,000
Marks-Rothenberg Building, Meridian, MS.........................200,000
Martin Luther King, Jr. Memorial in Columbia, MO................100,000
McKinley High School Baton Rouge, LA............................100,000
McKinley Museum, OH..............................................50,000
McVicker House, Irvington, NY...................................200,000
Metropolitan Hotel Project, Paducah, KY.........................250,000
Morris Lighthouse, SC...........................................100,000
Municipal Auditorium, LA........................................100,000
Murphy-Bromelsick House, Lawrence, KS...........................100,000
Ohio Theatre, OH.................................................25,000
Old Dutch Church repairs, Kingston, NY..........................100,000
Old Henderson County, Courthouse, NC............................400,000
Old Main Building, PA...........................................200,000
Old Marion High School, Marion, SC..............................200,000
Oneida County Courthouse, WI....................................240,000
Paramount Theater, Middletown, NY...............................100,000
Pastime Theatre, AL..............................................50,000
Pendleton Courthouse, WV........................................100,000
Pennsylvania Academy of Fine Arts, Hamilton Building, Philadelph200,000
Perry County Courthouse, OH.....................................180,000
Pontotoc Courthouse and Downtown Restoration, MS................300,000
Providence Performing Arts Center Providence, RI................275,000
Ramirez Solar House, PA.........................................250,000
Rowan Courthouse, KY.............................................50,000
Rye Bath House, Rye NY..........................................200,000
Seaman Mineral Museum Houghton, MI..............................225,000
Sears Art Deco Tower Miami, FL..................................125,000
Single Sisters House, NC........................................200,000
Ste. Genevieve Memorial Cemetery, MO............................150,000
Story Mansion, Bozeman, MT......................................500,000
Sunnyhill Pavillion, KY.........................................200,000
Taliesen West, Scottsdale, AZ....................................75,000
Tennessee Theatre, TN............................................47,000
The Grand Jury Building, Eutaw, AL..............................435,000
The Music Hall, Portsmouth, NH..................................400,000
Veterans National Cemetery, Alexandria, VA......................100,000
Walking Box Ranch Clark County, NV..............................275,000
Ward Chapel AME Episcopal Church & Museum Prattville, AL........200,000
Wilderstein Preservation, NY....................................150,000
                                                       ________________
                                                       
    Total....................................................18,000,000


       Bill language is included authorizing the grant to the 
     national trust and setting conditions for Save America's 
     Treasures grants. Funds provided for the historically black 
     colleges and universities are competitive and cost shared at 
     70 percent federal, 30 percent private.


                              CONSTRUCTION

       The conference agreement provides $333,995,000 for 
     construction instead of $303,199,000 as proposed by the House 
     and $342,131,000 as proposed by the Senate. The funds are to 
     be distributed as follows:

        Project                                                  Amount
Acadia NP, ME (rehabilitation)...............................$7,017,000
American Memorial Park, Saipan (upgrade water delivery).........892,000
Badlands NP, SD (safety/ADA deficiencies).....................3,996,000
Big Bend NP, TX (plan curatorial facility)......................268,000
Big Cypress NPres, FL (complete rehabilitation of ORV trails)...500,000
Blue Ridge Pkwy (historic guard walls)........................3,186,000
Blue Ridge Pkwy, NC (visitor center)..........................1,000,000
Boston Harbor Islands NRA, MA (George's Island).................727,000
Boston NHP, MA (USS Constitution, maintenance facility).......2,408,000
Bryce Canyon NP, UT (renovation)................................859,000

[[Page H9926]]

Chesapeake and Ohio Canal NHP, MD (stabilize towpath wall, construct 
  footbridge).................................................1,538,000
Colonial NHP, VA (visitor center & Jamestown collections).....7,611,000
Colonial NHP, VA (Yorktown museum collection)...................725,000
Crater Lake NP, OR (restore historic residence).................999,000
Craters of the Moon NM, ID (upgrade visitor center)...........1,334,000
Cuyahoga NRA, OH (rehabilitation).............................2,500,000
Dayton Aviation NHP, OH (various).............................1,550,000
Delaware Water Gap NRA, PA (cabin replacement)..................300,000
Denali NP & Pres, AK............................................750,000
Eleanor Roosevelt NHS, NY (restoration).......................2,750,000
Everglades NP, FL (water system).............................12,990,000
Fort Washington Park, MD (rehabilitation).....................2,724,000
Frederick Douglass NHS, DC (rehabilitation).....................955,000
Fredericksburg & Spotsylvania County Battlefields Memorial NMP, VA 
  (stabilization).............................................1,560,000
Gateway NRA, NY (rehabilitation)..............................2,416,000
General Grant NMem, NY (rehabilitation).......................1,732,000
George Washington Carver NM, MO (rehab/expand visitor center).2,000,000
George Washington Memorial Pkwy, VA.............................400,000
George Washington Memorial Pkwy, VA (Marine Corps War Memorial3,383,000
Gettysburg NMP, PA (conservation).............................2,000,000
Grand Teton NP, WY (visitor center)...........................3,000,000
Great Smoky Mountains NP, TN (rehabilitate comfort stations & picnic 
  areas)........................................................525,000
Harpers Ferry NHP, WV (rehabilitate buildings, transportation 3,200,000
Homestead NM of America, NE (plan visitor facility)..............50,000
Horace M. Albright Training Center, AZ (rehabilitation).......7,437,000
Hot Springs NP, AR............................................1,012,000
Independence NHP, PA (Independence Square, site rehab)........1,750,000
Independence NHP, PA (Independence Mall improvements).........1,250,000
Indiana Dunes NL, IN (cultural/historic reports)................225,000
Jefferson National Expansion Memorial, MO (security)..........4,339,000
John H. Chafee Blackstone River Valley NHC, RI/MA...............750,000
L.Q.C. Lamar House NHL, MS......................................300,000
Lake Mead NRA, NV (wastewater system).........................3,514,000
Lincoln Library, IL...........................................5,000,000
Lowell NHP, MA (stabilize/rehabilitate railroad tunnel).........674,000
Mammoth Cave NP, KY (electrical system).......................3,593,000
Mammoth Cave NP, KY (water system)............................6,014,000
Marsh-Billings-Rockefeller NHP, VT (rehabilitate barn)..........750,000
Mesa Verde NP, CO (design curatorial facility)..................600,000
Mesa Verde NP, CO (HVAC systems)..............................1,207,000
Minute Man NHP, MA (protect resources, access)................1,365,000
Moccasin Bend NAD, TN (erosion control).........................500,000
Morris Thompson Visitor and Cultural Center, AK...............2,250,000
Morristown NHP, NJ (rehabilitation)...........................1,789,000
Mount Rainier NP, WA (electrical system)......................4,000,000
Natchez Trace Parkway (resurfacing)...........................1,000,000
National Capital Parks-Central (Jefferson Memorial Security)..4,858,000
National Capital Parks-Central (Washington Monument Security-vehicle 
  barrier)...................................................15,100,000
New Bedford Whaling NHP, MA (Corson Building).................2,500,000
New River Gorge NR, WV........................................2,691,000
Olympic NP, WA (Elwha River restoration).....................12,950,000
Organ Pipe Cactus NM, AZ (vehicle barrier)....................4,405,000
Pacific Coast Immigration Museum, CA............................385,000
Petersburg NB, VA (Appomattox Manor)............................881,000
Petrified Forest NP, AZ (rehabilitation)......................3,124,000
Puukohola Heiau NHS, HI (re-establish historic scene).........3,046,000
Rock Creek Park, DC (Fitzgerald rehabilitation)...............1,400,000
San Francisco Maritime NHP, CA (C.A. Thayer)..................4,177,000
Sequoia and Kings Canyon NP, CA (water tanks, fire suppression2,210,000
Southwest Pennsylvania Heritage Comm., PA.....................2,500,000
St. Croix NSR, WI (complete administrative building)..........4,900,000
Stones River NB, TN (trails)....................................300,000
Sun Watch NHL, OH...............................................375,000
Tallgrass Prairie NPres, KS (design resource center)............500,000
Thomas Stone NHS, MD (restrooms, kiosk, office space)...........500,000
Timucuan Ecological and Historic Reserve, FL (structural analysis, 
  improvements).................................................765,000
Tuskegee Airmen NHS, AL (continue planning).....................500,000
Utah Public Lands Artifact Preservation Act, UT...............3,000,000
Western Arctic National Parklands, AK (heritage and administrative 
  center).......................................................700,000
White House, DC (rehabilitation)..............................3,443,000
Wind Cave NP, SD (wastewater treatment).......................3,909,000
Wrangell-St. Elias NP & Pres, AK (rehabilitation)...............933,000
Yellowstone NP, WY (Old House and Old Faithful Inn)...........5,973,000
Yellowstone NP, WY (snowcoaches and support infrastructure)...1,892,000
Yellowstone NP, WY (west entrance station)....................1,888,000
                                                       ________________
                                                       
    Subtotal................................................216,969,000
Emergency/Unscheduled Projects................................5,500,000
Housing replacement...........................................8,000,000
Dam safety....................................................2,700,000
Equipment replacement........................................35,460,000
Construction planning........................................24,480,000
Construction program management..............................27,466,000
General management planning..................................13,420,000
                                                       ________________
                                                       
    Total...................................................333,995,000

       The National Park Service has developed a planning model 
     for visitor facilities that can be a very useful tool for 
     parks contemplating visitor centers and other improvements. 
     The model was developed after extensive research into visitor 
     facilities across the nation, including NPS examples, and 
     visitor facilities developed by other public (Federal, State, 
     local) agencies as well as private museums. The managers 
     expect any proposal for park visitor centers improvements to 
     be run through the model. Project proposals that exceed the 
     model's baseline will receive significant scrutiny.
       The model is a predictive tool. Its results on a facility-
     by-facility basis must be weighed by senior Service officials 
     to determine whether the investment proposed could be 
     justified in light of the tremendous infrastructure and 
     operational needs facing the Service, even if the project is 
     within the model's parameters. The managers remain concerned 
     about the scope and cost of proposed NPS capital 
     improvements, especially visitor and other centers, and will 
     work with the Service to continue addressing this issue. The 
     Service must expand its efforts to manage expectations about 
     future funding, especially very early in the conceptual 
     stages, both for NPS and partnership projects.
       Funding is not proposed at this time for further work on 
     the proposed visitor center at Assateague Island National 
     Seashore. In fiscal year 2002, the managers expressed 
     concerns about the scope and cost of the project and directed 
     the Service to provide a report analyzing the costs of the 
     proposed visitor and learning centers. The managers expect 
     the requested report by February 1, 2004, and expect it to 
     include an analysis of the proposed visitor center as 
     compared with the facility-planning model for visitor 
     centers developed by the NPS.
       Little Rock Central High School NHS was authorized in 1998. 
     A general management plan, completed in 2002, recommends a 
     visitor facility. The Service has not yet prioritized this 
     project through the line-item construction five-year planning 
     process. While the managers recognize the importance of 
     addressing the most critical deferred maintenance needs of 
     the Service, important mission and resource projects should 
     also be considered in the establishment of construction 
     priorities. The Service should work to analyze the 
     appropriate level of visitor services for this park using the 
     facility-planning model for visitor centers. The park should 
     be aware that recent actions by the managers regarding 
     visitor centers at other small park units have capped 
     facilities in the $3-$4 million range.
       No funding is provided for security improvements at 
     Independence National Historical Park in Philadelphia. The 
     managers have deferred funding in light of the unresolved 
     issues between the National Park Service, the Department of 
     the Interior, the Department of Homeland Security, and local 
     interests. The project presented in the budget assumed the 
     closure of Chestnut Street.

[[Page H9927]]

     Because that closure decision was reversed earlier this year, 
     the managers await a revised plan and cost estimate.
       The managers have included $1,750,000 requested in the 
     budget for completion of the site rehabilitation of 
     Independence Square. In addition, $1,250,000 is provided as a 
     Federal contribution toward landscaping improvements for 
     Independence Mall between Independence Hall and the National 
     Constitution Center. The managers are aware of a $17,000,000 
     estimate to complete the rehabilitation of Independence Mall, 
     and strongly encourage the continued use of partnerships to 
     leverage this Federal investment.
       Funding provided for Mesa Verde National Park is to begin 
     planning for the proposed curatorial facility. The managers 
     understand that the concept for the proposed partnership 
     project at Mesa Verde assumes non-Federal funding for the 
     cultural center component of the project. The managers are 
     concerned about the Federal costs of phases 1 (curatorial) 
     and 2 (operations) and expect the Service to examine the 
     scope and costs of these components and to explore 
     opportunities for partnership.
       The managers have provided $300,000 to improve lodging 
     conditions at the Pocono Environmental Education Center at 
     Delaware Water Gap NRA, PA. The managers understand the 
     estimated cost of these facility improvements is $2,500,000, 
     and encourage the park and its partner to complete the site 
     development plan before initiating detailed project design. A 
     value analysis of alternatives should be conducted so that 
     the entire project can be completed within the $2,500,000 
     estimate.
       The managers have provided $3,000,000 towards the Federal 
     share of a joint partnership for a proposed new visitor 
     center at Grand Teton National Park. With the deferred 
     maintenance challenges facing the Service, the managers 
     expect parks and partners to seek cost-effective design 
     solutions that address visitor and resource protection needs 
     while recognizing the significant costs needed to address 
     problems across the Service. The managers are concerned about 
     the size and cost of the proposed facility at Grand Teton 
     National Park, which is currently estimated in excess of 
     29,000 square feet. The managers understand that the current 
     visitor facility at this location is approximately 3,000 
     square feet, and does not adequately serve the needs of 
     today's visitors. The managers expect the project to be 
     downsized to remain within the parameters of the facility 
     planning model, which is about a 23,000 square foot facility. 
     The managers do not intend for the Federal contribution 
     towards this visitor facility to exceed $8,000,000. Any costs 
     associated with a facility larger than the benchmark should 
     be 100 percent non-Federal.
       Funding has been reduced for the security improvements to 
     the Washington Monument consistent with the recent decision 
     by the Department of the Interior to proceed with the vehicle 
     barrier proposal, and not to pursue the underground screening 
     and visitor facility and tunnel. The current approach 
     includes the construction of the vehicle barriers, 
     improvements to the plaza, and landscaping on the mall 
     grounds.
       Tallgrass Prairie National Preserve was established in 
     1996. A general management plan, completed in 2000, 
     recommends a visitor facility. The Service has not yet 
     prioritized this project through the line-item construction 
     five-year planning process. While the managers recognize the 
     importance of addressing the most critical deferred 
     maintenance needs of the Service, important mission and 
     resource projects should also be considered in the 
     establishment of construction priorities. The Service should 
     work to analyze the appropriate level of visitor services for 
     this park using the facility-planning model for visitor 
     centers. The park should be aware that recent actions by the 
     managers regarding visitor centers at other small park units 
     have capped facilities in the $3-$4 million range.
       Funding of $500,000 is recommended to complete enhancements 
     at Thomas Stone NHS. Funds provided in fiscal year 2003 allow 
     for renovation of the east wing and improvements to the 
     parking lot. The managers understand that these funds have 
     not yet been obligated. Funding provided this year allows for 
     office improvements to move staff out of the historic home as 
     well as to expand the existing visitor contact station to 
     allow for larger group events. Given the limited visitation 
     to this site, the managers do not recommend significant 
     visitor education space expansion. Progress to complete 
     planning for this project should proceed so that all the work 
     can be accomplished with the funds provided in fiscal years 
     2003 and 2004.
       The managers have not provided funds for the following 
     projects due to a delay in the project construction schedule: 
     Big Bend NP (Chisos Basin water supply), Boston Harbor 
     Islands NRA (Commandant's House), Dry Tortugas NP (stabilize 
     fort), Petersburg NB (maintenance facility), and Rock Creek 
     Park (Meridian Hill Park).
       Additional funding is not recommended for Lincoln Home NHS 
     because previously appropriated funds remain unobligated. The 
     managers understand that nearly $700,000 remains from funds 
     appropriated in fiscal years 1994 and 2000.
       The managers have provided $1,550,000 for Dayton Aviation 
     NHP for the following projects: $600,000 for interpretive 
     film and wayside exhibits, $800,000 for a parking lot and 
     $150,000 for a historic sites report on 26 South Williams 
     Street. Funds provided in the Senate bill under the 
     construction account for the Harry S Truman statue have been 
     moved to the National Recreation and Preservation account. 
     Funds provided for the Pacific Coast Immigration Museum in 
     California complete the federal investment. Within available 
     funds, the managers direct the Service to complete 
     rehabilitation of the Saratoga Monument.
       The managers are concerned that the Department has failed 
     to complete the study authorized in section 7 of Public Law 
     106-271, the ``Corinth Battlefield Preservation Act of 
     2000''. The managers direct the Department to complete this 
     study no later than 90 days after the enactment of this Act.
       Bill language is included authorizing funds from the 
     historic preservation fund for L.Q.C. Lamar House NHL and Sun 
     Watch NHL. Also included is Senate proposed language 
     prohibiting the use of funds for planning, design or 
     construction of an underground security screening or visitor 
     contact facility at the Washington Monument.
       The managers have included language contained in the House 
     bill, conditioning release of Modified Water Deliveries money 
     to annual reports from the Secretary of the Interior, the 
     Administrator of EPA and the Attorney General, which 
     guarantees that the State of Florida is meeting water quality 
     standards.
       Funds for the Oklahoma City Memorial are provided in the 
     National Recreation and Preservation account. Within 
     available funds, the Service is directed to conduct a 
     heritage area study for Muscle Shoals and a watershed study 
     for San Gabriel. The House report contained language 
     directing a study on the SW Campaign. The managers have been 
     made aware that this study has not been authorized therefore 
     this study is not included in the conference agreement.
       The managers are aware that the U.S. Army will be 
     relocating some of its fire and emergency services personnel 
     currently located in Hawaii. This relocation will severely 
     undercut the availability of vital services at Hawaii 
     Volcanoes National Park. The managers understand, and greatly 
     appreciate, that the County of Hawaii is willing to provide 
     these services and direct the Service to provide the county 
     with $250,000 in transition funding.
       The managers strongly urge the Service to accelerate the 
     General Management Plan for Cedar Creek and Belle Grove NHP.


                 LAND ACQUISITION AND STATE ASSISTANCE

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $142,350,000 for land 
     acquisition and State assistance instead of $131,154,000 as 
     proposed by the House and $158,473,000 as proposed by the 
     Senate. Funds should be distributed as follows:

        Area (State)                                             Amount
Big Thicket National Preserve (TX)...........................$3,500,000
Civil War Battlefield Sites (Grants)..........................2,000,000
Ft. Clatsop NM (OR)...........................................1,250,000
Great Sand Dunes NP (CO)......................................2,000,000
Gulf Islands NS (Cat Island) (MS).............................4,000,000
Gulf Islands NS (Horn Island) (MS)............................1,100,000
Hawaii Volcanoes NP (HI)......................................4,000,000
Ice Age NST (WI)..............................................2,000,000
New Jersey Pinelands Preserve (NJ)..............................750,000
Obed Wild and Scenic River (TN).................................750,000
Shenandoah Valley Battlefields NHD (VA).......................1,000,000
Sleeping Bear Dunes NL (MI)...................................1,000,000
Timucuan Ecological and Historic Preserve (FL)..................500,000
Tumacacori NHP (AZ)...........................................1,500,000
Valley Forge NHP (PA).........................................5,000,000
Wrangell-St. Elias NP (AK)....................................2,500,000
                                                       ________________
                                                       
  Subtotal...................................................32,850,000
Acquisition Management.......................................10,500,000
Emergencies/Hardships.........................................2,000,000
Inholdings/Exchanges..........................................2,000,000
Stateside Grants.............................................92,500,000
Stateside Administration......................................2,500,000
                                                       ________________
                                                       
    Total...................................................142,350,000

       The conference agreement includes bill language under the 
     Park Service land acquisition account dealing with 
     unobligated balances for South Florida Restoration as 
     proposed by the House.
       The managers recommend $2,000,000 for matching grants 
     pursuant to the Civil War Battlefield Protection Act of 2002. 
     The managers are aware that many of the lands identified by 
     the Civil War Sites Advisory Commission as high priorities 
     for protection are located within or adjacent to national 
     park boundaries. This has led to questions about the 
     relationship between the battlefield grant program and the 
     national park system. In no case should battlefield grants be 
     used for the acquisition of lands within the existing 
     boundaries of a park unit. The process for the acquisition of 
     lands within park boundaries is well established, and should 
     not be complicated by the introduction of a separate Federal 
     program. With regard to lands adjacent to park boundaries, 
     the managers are concerned that the acquisition of such lands 
     using battlefield grant funds could ultimately increase 
     pressures to include those lands in the national park system. 
     The Service should make clear to all recipients of 
     battlefield grants that the award of funds for acquisition of 
     lands adjacent to park units should in no way be construed as

[[Page H9928]]

     an indication of Service or Congressional support for the 
     ultimate inclusion of such lands in the park system. The 
     process for the expansion of park boundaries is well 
     established, and involves consideration of many factors that 
     are beyond the scope of the battlefield grants program. These 
     considerations include the cost to the Service of maintaining 
     and interpreting lands to be acquired, consistency of 
     proposed expansions with a park's general management plan, 
     and the priority of a given park expansion relative to other 
     needs in the park system. While the managers do not propose a 
     prohibition on the use of battlefield grants to acquire lands 
     adjacent to park boundaries, grant recipients and park 
     managers should be aware of these concerns. The managers will 
     reevaluate program guidelines in the event battlefield grants 
     lead to a flood of proposed park boundary expansions.
       The managers agree to the following revisions to the 
     reprogramming guidelines for the National Park Service only. 
     Lands shall not be acquired for more than the approved 
     appraised value (as addressed in section 301(3) of Public Law 
     91-646) except for condemnations, declarations of taking, and 
     tracts with an appraised value of $500,000 or less, unless 
     such acquisitions are submitted to the House and Senate 
     Committees on Appropriations for approval in compliance with 
     established procedures.
       The managers are aware that the Service recently released a 
     Finding of No Significant Impact (FONSI) for the acquisition 
     of lands near Theodore Roosevelt's historic Elkhorn Ranch in 
     North Dakota. While the finding did recommend acquisition of 
     lands within the viewshed of the existing Elkhorn Unit and 
     associated river lands, it did not offer specific information 
     on the number of acres that should be acquired or the cost of 
     such an acquisition. The managers therefore direct the 
     Service to submit a report to the House and Senate 
     Appropriations Committees by January 1, 2004, outlining the 
     number of acres the Service recommends be acquired and the 
     anticipated cost of the acquisition.
       The managers note that the funding for Valley Forge NHP 
     completes the project.


                       ADMINISTRATIVE PROVISIONS

       The managers have retained the Senate language regarding 
     the National Park Passport program and authority for a grant 
     to construct a memorial to Kris Eggle.

                    United States Geological Survey


                 SURVEYS, INVESTIGATIONS, AND RESEARCH

       The conference agreement provides $949,686,000 for surveys, 
     investigations, and research instead of $935,660,000 as 
     proposed by the House and $928,864,000 as proposed by the 
     Senate.
       Changes to the House for national mapping programs include 
     an increase of $2,795,000 for information technology and 
     decreases of $1,500,000 for geospatial one-stop, and $625,000 
     for the national map.
       The managers are aware of the recent malfunction of 
     scanning equipment onboard the Landsat 7 earth observing 
     satellite and the disappointing failure to correct the 
     problem. This failure has resulted in degraded data collected 
     by the satellite. The managers recognize the significance of 
     Landsat data to many activities, including agricultural 
     monitoring and research, environmental monitoring, and 
     regional planning, to name a few. The managers understand 
     that, although the data has relatively small gaps, the 
     remainder of each image has data of original quality and 
     hence will remain useful for many of the activities they 
     currently support. The managers believe that the Survey 
     should take a proactive approach where Federal agencies are 
     concerned, particularly the Departments of Agriculture and 
     Defense, to try to secure data purchase agreements now in 
     order to have a stable funding source. In addition, the 
     managers expect the Survey to investigate and document the 
     current level of interest from the user community for 
     continued data purchases. The Survey should conduct data 
     sales in the near term and, based on this, estimate potential 
     annual revenues that may be derived from this source. This 
     analysis will provide the basis for subsequent 
     recommendations regarding the types and amounts of funding 
     necessary to continue operation of Landsat 7. The managers 
     also expect the Survey, Federal agencies, and other users 
     needing medium resolution data to work together to determine 
     how the degraded Landsat data can best meet their needs prior 
     to seeking data from alternative sources. To the degree that 
     Landsat data does meet the needs of Federal agencies, the 
     managers encourage them to use the Survey as the provider of 
     this data.
       The managers are supportive of the Survey's efforts to 
     manage more efficiently the growing volume of collected, 
     archived, and distributed data at the EROS Data Center. 
     Accordingly, the managers support efforts by the Survey to 
     convert its archived remote sensing data to a modern disk 
     based storage system. The managers believe that such a 
     conversion will accommodate the growing volume of data, and 
     provide access to users more efficiently and at lower costs. 
     Finally, the managers support implementation of a continuity 
     of operations capability utilizing ``remote mirroring'' 
     technology.
       Changes to the House for geology programs include increases 
     of $1,500,000 to support the Western Aleutians volcano 
     monitoring effort, $200,000 for Mauna Loa volcano monitoring 
     in Hawaii, $244,000 for the National Cooperative Geological 
     Mapping program, $1,500,000 for the minerals at risk program 
     in Alaska which completes this project, $500,000 for the 
     expansion of the ANSS program, $500,000 for the coastal 
     erosion program in North Carolina, $750,000 for the minerals 
     information program, $500,000 for a mineral inventory in 
     Clark County Nevada, $300,000 for a well log inventory in 
     Kansas, $900,000 for the Tongue River coalbed methane study, 
     and decreases of $475,000 for science on DOI lands, $600,000 
     for national energy policy assessments, $500,000 for the 
     geothermal program, and $500,000 for the Central Great Lakes 
     Geologic Mapping Coalition.
       Within the funding increase provided for the expansion of 
     the Advanced National Seismic System, the managers have 
     earmarked $250,000 for seismic monitoring and hazard 
     assessment in the Jackson Hole/ Yellowstone area.
       Changes to the House for water resources include increases 
     of $1,500,000 for cooperative research on the Roubidoux 
     Aquifer at the University of Oklahoma, $200,000 for the 
     Berkeley Pit study in Montana, $50,000 for mercury 
     contamination in South Carolina rivers, $500,000 for the 
     Potomac River Basin ground water research, $299,000 for the 
     Lake Champlain toxics study, $450,000 for Hawaiian water 
     monitoring, $250,000 for Delaware River flow modeling, and 
     $350,000 for Hood Canal fish mortality research and decreases 
     of $375,000 for science on DOI lands, $500,000 for the U.S./
     Mexico border initiative, and $250,000 for the Chesapeake Bay 
     program.
       Changes to the House for biological research include 
     increases of $750,000 for the Mark Twain National Forest 
     mining study that will be completed and a final report issued 
     in 2005, $800,000 for molecular biology at the Leetown 
     Science Center, $500,000 for the Pallid Sturgeon study, 
     $200,000 for the Diamondback Terrapin study, $1,000,000 for 
     the Northern Continental Divide Ecosystem Genetic Survey in 
     Montana, $300,000 for a multidisciplinary study into the 
     quality and quantity of the water at the Leetown Science 
     Center, $500,000 for a Lake Tahoe decision support system, 
     $500,000 for the NBII Mid Atlantic node, and $500,000 for the 
     cooperative research units and decreases of $1,025,000 for 
     invasive species, $625,000 for chronic wasting disease 
     research, and $650,000 for science on DOI lands.
       The managers are aware and supportive of efforts by the 
     Great Lakes Science Center to rehabilitate Lake Sturgeon in 
     the Detroit River. The managers encourage the Survey to work 
     with existing partnerships on Lake Sturgeon research in Lake 
     Michigan, the Milwaukee River, and the Manitowoc River.
       Within the funds provided for invasive species, the 
     managers have earmarked $1,000,000 for the GeoResources 
     Institute of Mississippi State University. The managers 
     understand that the University will work with the Survey 
     through the National Institute of Invasive Species Science in 
     developing remote sensing techniques and monitoring 
     strategies for early detection of SE invasives, control 
     techniques for invasive aquatic plants, and assessment of new 
     invaders.
       Changes to the House for science support include an 
     increase of $600,000 for accessible data transfer and a 
     decrease of $500,000 for enterprise GIS.
       The change to the House for facilities is an increase of 
     $200,000 for unanticipated construction costs at the Leetown 
     Science Center.
       The managers are aware that the request for the Survey's 
     facilities budget activity may not contain sufficient funding 
     for rent and operations and maintenance for some of the 
     Survey's science centers. The managers understand that this 
     is due, in part, to insufficient funds being transferred when 
     this budget activity line was created in fiscal year 2000. 
     The managers remain concerned about this situation and direct 
     the Survey to develop a funding strategy by March 15, 2004, 
     to resolve this issue and avoid jeopardizing ongoing science 
     programs.
       The managers have restored $3,013,000 in streamlining 
     reductions proposed in the Administration's budget request. 
     The survey is directed to spread these funds to the program 
     areas based on a pro rata distribution.


                       ADMINISTRATIVE PROVISIONS

       The managers have agreed to bill language proposed by the 
     House continuing a provision included in the fiscal year 2003 
     Interior and Related Agencies Appropriations Act to make it 
     easier for the Survey to co-locate its facilities.

                      Minerals Management Service


                ROYALTY AND OFFSHORE MINERALS MANAGEMENT

       The conference agreement provides $165,316,000 for royalty 
     and offshore minerals management instead of $164,216,000 as 
     proposed by the House and $166,016,000 as proposed by the 
     Senate.
       Changes to the House for royalty and offshore minerals 
     management include increases of $800,000 for the Center for 
     Marine Resources, MS and $800,000 for the Marine Mineral 
     Technology Center, AK and a decrease of $500,000 for the 
     regulatory program.
       The managers have provided $900,000 to the Offshore 
     Technology Research Center, TX instead of $1,400,000 as 
     proposed by the Senate to perform critical mission research 
     for MMS through the cooperative agreement dated June 18, 
     1999.
       Within the funds provided for royalty and offshore minerals 
     management $150,000 is earmarked for the Alaska Whaling 
     Commission.

[[Page H9929]]

                           OIL SPILL RESEARCH

       The conference agreement provides $7,105,000 for oil spill 
     research as proposed by both the House and the Senate.

          Office of Surface Mining Reclamation and Enforcement


                       REGULATION AND TECHNOLOGY

       The conference agreement provides $106,699,000 for 
     regulation and technology as proposed by the House and the 
     Senate. This total includes an indefinite appropriation 
     estimated to be $275,000.


                    ABANDONED MINE RECLAMATION FUND

       The conference agreement provides $192,969,000 for the 
     abandoned mine reclamation fund instead of $194,469,000 as 
     proposed by the House and $190,893,000 as proposed by the 
     Senate. Funding for the activities should follow the House 
     recommendation except there is a reduction of $1,500,000 from 
     State grants for environmental restoration. The managers note 
     that this funding will provide all States with at least as 
     much funding as in fiscal year 2003, with an increase of 
     $2,076,000 to be spread by the normal formula. The conference 
     agreement does not include the House bill language on the 
     emergency program but the Senate proposed bill language 
     concerning grants in Maryland is included.

                        Bureau of Indian Affairs


                      OPERATION OF INDIAN PROGRAMS

       The conference agreement provides $1,916,317,000 for the 
     operation of Indian programs instead of $1,902,106,000 as 
     proposed by the House and $1,912,178,000 as proposed by the 
     Senate.
       Changes to the House for tribal priority allocations 
     include increases of $1,000,000 for welfare assistance, and 
     $1,000,000 for tribal courts and a decrease of $560,000 for 
     new tribes.
       Changes to the House for other recurring programs include 
     increases of $10,000,000 for tribally controlled community 
     colleges, $7,000 for Western Washington Boldt, $261,000 for 
     Great Lakes resource management, $66,000 for fish hatchery 
     maintenance, $100,000 for the Alaska Sea Otter Commission, 
     $800,000 for the Bering Sea Fisherman's Association, $600,000 
     for the intertribal bison program, $350,000 for the Chugach 
     Regional Resources Commission, and $320,000 for the upper 
     Columbia River tribes.
       The managers direct that the $10,000,000 increase for the 
     tribally controlled community college operating grants be 
     allocated to the Title II institution at a level commensurate 
     with the fiscal year 2003 grant, taking into account concerns 
     expressed by the Congress with respect to the Bureau's 
     proposed allocation of the 2003 increases.
       The managers have revised Senate report language regarding 
     reimbursable support agreements to read the Assiniboine Sioux 
     rural water system.
       Changes to the House for non-recurring programs include 
     increases of $750,000 for the distance-learning program in 
     Montana, $750,000 for the Rural Alaska fire program, $392,000 
     for Alaska legal services, and $1,000,000 for the Salish and 
     Kootenai College nursing program (housing project) and a 
     decrease of $150,000 for the Seminole Tribe Everglades 
     restoration program.
       Changes to the House for central office operations include 
     decreases of $250,000 for the branch of acknowledgment and 
     $5,000,000 for information technology.
       Changes to the House for special programs and pooled 
     overhead include increases of $200,000 for special higher 
     education scholarships, $450,000 for the United Sioux Tribes 
     Development Corporation, $750,000 for the Alaska native 
     aviation training program, $1,250,000 for the western 
     heritage center, and $125,000 for the Crownpoint Institute of 
     Technology.
       The managers are concerned about the growing number of 
     tribes, both landless and with an existing reservation, that 
     are attempting to claim reservation rights that would allow 
     them to engage in gaming operations in States where they have 
     no reservation or trust land status. For example, the Seneca-
     Cayuga tribe of Oklahoma is attempting to open a gaming 
     operation in the State of New York. The Jena Band of Choctaw 
     in Louisiana is attempting to take land into trust for gaming 
     purposes in an area of Louisiana that is outside their 
     traditional service area. Trust status for gaming purposes on 
     non-contiguous lands requires that a tribe engage in a 
     rigorous approval process requiring approval by the Governor 
     of an affected State as well as input and support from the 
     local community. The managers expect the Department of the 
     Interior and the National Indian Gaming Commission to 
     implement fully the existing rules and regulations governing 
     these types of gaming operations.
       The managers are aware of the delays experienced by the 
     Mashpee Wampanoag Indians in the recognition process and urge 
     the Bureau to complete its review of the Mashpee petition as 
     expeditiously as possible.


                              CONSTRUCTION

       The conference agreement provides $351,154,000 for 
     construction as proposed by the Senate instead of 
     $345,154,000 as proposed by the House.
       The managers have provided a $6,000,000 increase above the 
     House for the Redwater Elementary School in Mississippi as 
     part of the tribal school construction demonstration program.
       The managers have agreed to amend the tribal school 
     construction demonstration program to allow schools not 
     funded by the Bureau of Indian Affairs to participate in this 
     demonstration program. In addition, funds have been earmarked 
     for the Redwater Elementary School in Mississippi and the 
     Saginaw-Chippewa Tribal School in Michigan. The funding for 
     the Saginaw-Chippewa Tribal School is from carryover funds 
     that were appropriated in fiscal year 2003.
       The managers are concerned by the pace of completion of 
     replacement schools. The replacement school priority list is 
     not being updated in a timely fashion, resulting in delays in 
     advance planning and design. The managers direct that the 
     Secretary submit a new priority list by February 15, 2004, 
     containing a sufficient number of schools to continue the 
     replacement school program through fiscal year 2007. The 
     priority list should address the most critical needs based on 
     the Bureau's facility management information system.
       Within carryover and slippage, the Bureau may use up to 
     $1,000,000 for the Chiloquin Dam removal study.


 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO 
                                INDIANS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $55,583,000 for Indian 
     land and water claim settlements and miscellaneous payments 
     to Indians as proposed by the House instead of $50,583,000 as 
     proposed by the Senate. This total excludes $4,968,000 
     derived by transfer as explained below.
       The managers have agreed to $9,968,000 for the Quinault 
     Indian Nation settlement of which $4,968,000 is derived by 
     transfer from prior year appropriations from the U.S. Fish 
     and Wildlife Service land acquisition account.


                 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

       The conference agreement provides $6,497,000 for the Indian 
     guaranteed loan program as proposed by both the House and the 
     Senate.

                          DEPARTMENTAL OFFICES

                            Insular Affairs


                       ASSISTANCE TO TERRITORIES

       The conference agreement provides $76,343,000 for 
     assistance to territories instead of $74,343,000 as proposed 
     by the House and $71,343,000 as proposed by the Senate. The 
     managers have agreed to the House distribution of funding 
     with an increase of $2,000,000 for technical assistance 
     activities. Funds provided for the CNMI water system repair 
     should be focused on Saipan where the problem is most acute. 
     The managers expect that the increase for the technical 
     assistance program will be used for priority needs of the 
     territories and the freely associated States, in consultation 
     with the House and Senate Committees on Appropriations. These 
     funds should be used to facilitate the operation of the 
     newly revised Compact of Free Association, to address the 
     situation of the Prior Services Trust Fund, and to address 
     other high priorities. The managers note that Compact 
     impact assistance funding of $15,000,000 will be available 
     from the Compact of Free Association mandatory account, a 
     substantial increase from fiscal year 2003. The House 
     proposed bill language is included which encourages a 
     grant for the Pacific Basin Development Council.

                      Compact of Free Association

       The conference agreement provides $6,434,000 for the 
     Compact of Free Association instead of $16,354,000 as 
     proposed by the House and $16,434,000 as proposed by the 
     Senate. The managers note that $10,000,000 has been 
     transferred to mandatory activities according to the new 
     financial arrangements of the Compact of Free Association. 
     The managers have agreed to the Senate proposal to provide 
     $1,700,000 for Enewetak support instead of the $1,620,000 
     proposed by the House. The remaining balance provides 
     $2,734,000 for Federal postal services for the Freely 
     Associated States and the cost of conducting audits for Palau 
     and $2,000,000 for program grant assistance in the fields of 
     education and health care for Palau.
       The conference agreement also includes bill language to 
     guarantee that mandatory payments are continued for financial 
     assistance to the Federated States of Micronesia and the 
     Republic of the Marshall Islands in accordance with the terms 
     and conditions of the 2003 negotiated agreements until such 
     time as Congress completes its actions to approve the amended 
     Compacts of Free Association.
       The managers are aware that in accordance with Section 
     118(d) of P.L. 104-134, on September 19, 1996, the United 
     States Department of the Interior entered into an agreement 
     providing ex gratia assistance to the Rongelap Atoll Local 
     Government to support radiological rehabilitation and 
     resettlement of Rongelap Island. Section 2(c) of the 
     agreement recognizes that a final payment of $5,300,000 to 
     the Rongelap Resettlement Trust Fund will complete funding 
     for resettlement of Rongelap as authorized by Congress and 
     agreed to by the Department of the Interior pursuant to 
     Section 118(d) of P.L. 104-134. The managers understand that 
     these funds have been recommended by the Senate Committee on 
     Energy and Natural Resources for inclusion in the Compact of 
     Free Association Amendments Act of 2003.

                        Departmental Management


                         SALARIES AND EXPENSES

       The conference agreement provides $78,933,000 for 
     departmental management instead of $76,027,000 as proposed by 
     the House and $78,433,000 as proposed by the Senate.

[[Page H9930]]

     Changes to the House include increases of $3,000,000 to 
     restore funds cut on the House floor and $6,000 for worker 
     compensation, and a decrease of $100,000 for the public lands 
     volunteers program. This total is offset partially by the 
     cancellation of $1,400,000 in unobligated balances in the 
     special foreign currency account as proposed by the Senate.
       The conference agreement retains bill language contained in 
     the Senate bill concerning the Buy American Act.
       The conference agreement retains bill language contained in 
     the House bill restricting the number of reserve accounts in 
     the Working Capital Fund.
       The managers agree that benefiting parties should pay for 
     operation of the airport at Midway Atoll National Wildlife 
     Refuge if it remains open and note that the airport is not 
     critical for U.S. Fish and Wildlife Service refuge operations 
     and maintenance.
       The managers expect the Office of Aircraft Safety to move 
     forward with the replacement of the Fish and Wildlife Service 
     survey aircraft using funds from the replacement reserves 
     and, at a minimum, to match the funding included in the FWS 
     construction account. The Fish and Wildlife Service should 
     work with OAS to repay the reserves over time to minimize the 
     impacts to other programs.
       The managers expect OAS to develop a plan for all bureaus 
     that considers options for recovering the full cost of 
     replacing aircraft, with inflationary increases, for all new 
     aircraft as they enter the fleet. This plan can consider 
     options that allow the Department to raise fees over time to 
     reduce the impacts to ongoing programs. The managers remain 
     concerned that the process for funding aircraft replacement 
     is being subsidized by programmatic funding.
       The managers reluctantly approve the consolidation of 
     realty appraisal functions within the Department. The 
     managers are particularly concerned about the effect of the 
     consolidation on the small easement acquisition program 
     within the Fish and Wildlife Service. The Department should 
     take special consideration to ensure the ongoing success of 
     the small easement program. The managers direct the 
     Department to report to the Committees on Appropriations on 
     consolidation implementation within six months of enactment 
     of this Act. The report should demonstrate that the 
     consolidation has not harmed agencies' realty programs, and 
     it should also note cost savings and efficiencies gained by 
     the consolidation of appraisal functions. The managers will 
     revisit this issue in fiscal year 2005 should the report 
     prove unsatisfactory. Given that the reasons for this 
     proposal were partly to provide consistency between agencies 
     and realize cost savings to the government, the managers 
     strongly urge the Department not to charge any surcharges or 
     assessments for services provided by the National Business 
     Center to this office.
       The managers are aware of the Department's initiatives to 
     make the resources of electronic-based geographic information 
     systems widely available to federal, state, and local 
     governments, and the public through the Geospatial One-Stop 
     Initiative (GOS). An important component of this effort is 
     the GOS Web Port Version 2.0. The managers believe that the 
     entire system must be built upon widely accepted industry 
     standards for interoperability in order to ensure that the 
     GOS program can efficiently and broadly access the maximum 
     available governmental and private sector geospatial data, 
     exclusive of National security information. The managers 
     expect the Department to move the GOS initiative in a 
     direction that is consistent with such widely accepted 
     interoperability standards. To that end, the managers direct 
     the Department to submit to the House and Senate Committees 
     on Appropriations a brief report detailing the actions that 
     have been taken thus far with respect to the electronic-based 
     geographic information systems, the GOS initiative and 
     related initiatives. This report should include the 
     Department's plans for follow-on procurement and any 
     interoperability requirements for existing and future GOS 
     initiatives and when it expects to begin a competitive 
     procurement. This report should be submitted no later than 
     January 30, 2004.


                          WORKING CAPITAL FUND

       The conference agreement cancels $20,000,000 in unobligated 
     balances in the working capital fund as proposed by the House 
     instead of $11,700,000 as proposed by the Senate. The 
     conference agreement also permits the use of $11,700,000 for 
     the financial and business management system migration 
     project as proposed by the Senate instead of no funding as 
     proposed by the House.
       The managers caution the Department on the implementation 
     of the financial management system migration project. The 
     Department's previous record with new database systems 
     suggests that the Department should proceed cautiously and 
     provide the Committees on Appropriations with regular updates 
     on its progress, including any revisions to timelines and 
     funding requirements of the new system.
       The managers have included language that requires the 
     Department to justify Working Capital Fund charges to bureaus 
     and offices in annual budget justifications; request approval 
     of the Appropriations Committees for any departures from the 
     budget justification; and require the Secretary to provide a 
     semi-annual report to the House and Senate Committees on 
     Appropriations on reimbursable agreements between the Office 
     of the Secretary, the National Business Center, and the 
     bureaus and offices of the Department.


                       PAYMENTS IN LIEU OF TAXES

       The conference agreement provides $227,500,000 for payments 
     in lieu of taxes instead of $225,000,000 as proposed by the 
     House and $230,000,000 as proposed by the Senate.

                        Office of the Solicitor


                         SALARIES AND EXPENSES

       The conference agreement provides $50,374,000 for salaries 
     and expenses of the office of the solicitor as proposed by 
     the House instead of $50,179,000 as proposed by the Senate.

                      Office of Inspector General


                         SALARIES AND EXPENSES

       The conference agreement provides $38,749,000 for salaries 
     and expenses of the office of inspector general, instead of 
     $39,049,000 as proposed by the House and $37,474,000 as 
     proposed by the Senate. Changes to the House include 
     increases of $190,000 for policy and management fixed costs, 
     and decreases of $90,000 for audits fixed costs, $100,000 for 
     investigations fixed costs, and $300,000 for program 
     integrity reviews.

             Office of Special Trustee for American Indians


                         FEDERAL TRUST PROGRAMS

       The conference agreement provides $189,641,000 for Federal 
     trust programs instead of $219,641,000 as proposed by both 
     the House and the Senate.
       Changes to the House include a shift of $981,000 from 
     program operation, support, and improvements into executive 
     direction and a reduction of $30,000,000 for the historical 
     accounting project.
       The Department of the Interior's July 2, 2002, report to 
     Congress detailed the cost involved if the government were 
     required to undertake a transaction-by-transaction historical 
     accounting of the Individual Indian Money accounts without 
     regard to when the funds were deposited. The Department 
     indicated that such an accounting would cost at least $2.4 
     billion over 10 years. Both prior to and subsequent to 
     submission of that report, Congress has stated in no 
     uncertain terms that it would not appropriate billions of 
     dollars for a historical accounting of such magnitude. Partly 
     in response to Congressional concerns, the Department 
     submitted to the Court a $335 million accounting plan that 
     included both a transaction-by-transaction accounting as well 
     as the use of sound, well-proven statistical methods. The 
     Department argues that such an accounting is consistent with 
     its duties under law.
       In its September 25, 2003, ruling in the Cobell v. Norton 
     class action lawsuit, the Court dismissed Congressional 
     concerns about the scope of the accounting and ordered a 
     greatly expanded effort that surpasses even the accounting 
     described in the July 2, 2002, report to Congress. Initial 
     estimates indicate that the accounting ordered by the Court 
     would cost between $6 billion and $12 billion over this 
     Court-mandated time frame.
       There is only one source of money available to the 
     Subcommittee on Interior and Related Agencies, and an 
     accounting of this magnitude would require that vast amounts 
     of funds be diverted away from other high-priority programs, 
     including Indian programs. That would be devastating to 
     Indian country and to the other programs in the Interior 
     bill. The managers note that, over the past three years, 
     funding increases for the Bureau of Indian Affairs were 
     primarily for trust reform related activities. The Office of 
     Special Trustee for American Indians also tended to receive a 
     disproportionate share of the funding increases available to 
     the Department.
       The managers continue to believe that fixing trust systems 
     prospectively is a high priority, thereby allowing the 
     Secretary to meet her trust and fiduciary responsibility to 
     Indian country. But Indian country would be better served by 
     a settlement of this litigation than the expenditure of 
     billions of dollars on an accounting. Those billions would 
     not provide a single dollar to the plaintiffs, and would 
     without question displace funds available for education, 
     health care and other services.
       There will be further court proceedings in the Cobell case 
     based on the government's likely appeal of the September 25, 
     2003, court ruling. The managers believe that it would be 
     unwise to expend hundreds of millions of dollars on further 
     accounting while this case is under appeal. Furthermore, the 
     managers reject the notion that in passing the American 
     Indian Trust Management Reform Act of 1994 Congress had any 
     intention of ordering an accounting on the scale of that 
     which has now been ordered by the Court. Such an expansive 
     and expensive undertaking would certainly have been judged to 
     be a poor use of Federal and trust resources.
       The managers therefore feel that it is time for Congress to 
     act to delineate the exact scope of the historical accounting 
     called for in the 1994 Act, or to develop alternative methods 
     of resolving the current dispute. To provide time for 
     thoughtful action on this question, language has been 
     included in the bill affirmatively declaring that nothing in 
     the 1994 Act or common law shall be construed to require the 
     type of accounting described in the September 25th ruling. It 
     is not the intent of the managers to forestall indefinitely 
     either the Cobell litigation or any efforts to conduct an 
     historical accounting. But in light of the expansive 
     accounting and constrained timelines contemplated in

[[Page H9931]]

     the Court's order, it is clear that time is needed for 
     Congress to consider the issues and tradeoffs at stake. The 
     managers have therefore limited the funds available to the 
     Department for historical accounting to those activities that 
     need to be accomplished and can be accomplished in the short-
     term. Beyond that, the managers will not provide any funding 
     until the scope of an historical accounting is resolved by 
     the courts or by the legislative committees of jurisdiction.
       During floor debate over the Interior bill, the chairman of 
     the authorizing committee in the House made a commitment to 
     develop a comprehensive legislative solution to what has 
     become an intractable problem. The authorizing committee in 
     the Senate has held numerous hearings, and has also expressed 
     interest in addressing the problem. The managers believe that 
     a legislative solution may be the only way to resolve these 
     trust reform issues.


                       INDIAN LAND CONSOLIDATION

       The conference agreement provides $21,980,000 for Indian 
     land consolidation programs instead of $20,980,000 as 
     proposed by the House and $22,980,000 as proposed by the 
     Senate. The increase above the House is to support the land 
     consolidation efforts of the Quapaw Nation.

           Natural Resource Damage Assessment and Restoration


                NATURAL RESOURCE DAMAGE ASSESSMENT FUND

       The conference agreement provides $5,633,000 for the 
     natural resource damage assessment fund as proposed by both 
     the House and the Senate.


                       administrative provisions

       The conference agreement includes the Senate proposed 
     language regarding administrative provisions for Departmental 
     Offices. The agreement also requires a semiannual report on 
     reimbursable support agreements between the Office of the 
     Secretary and the National Business Center and the bureaus 
     and offices of the Department.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

       The conference agreement includes sections 103-107, and 
     111, which were identical in both the House and Senate bills.
       The conference agreement includes the text of the following 
     sections in the House bill, which contained identical text in 
     the Senate bill, but had different section numbers in the 
     Senate bill. The House section numbers were 109, 110, 112, 
     115, 116, 117, 119, 121, 123, 125, 129, 130, and 132.
       The conference agreement retains Senate sections 101 and 
     102, which continue provisions providing authority to expend 
     or transfer program funds for expenditures in cases of 
     emergencies. The House had similar provisions.
       The conference agreement does not include House section 108 
     prohibiting the expenditure of funds for Outer Continental 
     Shelf leasing activities in the North Aleutian planning area. 
     This area is not included in the current five-year oil and 
     gas-leasing plan.
       Section 112--The conference agreement modifies House 
     section 113 permitting the transfer of funds between the 
     Bureau of Indian Affairs and the Office of the Special 
     Trustee for American Indians to exclude the transfer of funds 
     for historical accounting activities. The Senate had a 
     similar provision.
       The conference agreement does not include House section 114 
     dealing with the renewal of grazing permits under the Federal 
     Lands Policy and Management Act of 1976. This issue is 
     addressed in Title III--General Provisions.
       Section 116--The conference agreement includes House 
     section 118 that continues a provision limiting the use of 
     Huron Cemetery in Kansas City to religious and cultural 
     purposes. The Senate had a similar provision.
       Section 118--The conference agreement modifies House 
     section 120 making permanent a provision authorizing a 
     cooperative agreement with the Golden Gate National Parks 
     Association. The Senate contained a similar provision.
       Section 120--The conference agreement retains Senate 
     section 120 which continues a provision permitting the sale 
     of improvements and equipment at the White River Oil Shale 
     mine in Utah. The House had a similar provision.
       Section 122--The conference agreement retains Senate 
     section 122 which provides for the purchase of land and the 
     protection of paleontological resources pursuant to the 
     Virgin River Dinosaur Footprint Preserve Act.
       Section 123--The conference agreement modifies House 
     section 124 authorizing federal funds for Shenandoah Valley 
     Battlefield NHD, Ice Age NST, and New Jersey Pinelands 
     Preserve to be transferred to a State, local government, or 
     other governmental land management entity for acquisition of 
     lands. The Senate had a similar provision.
       Section 125--The conference agreement retains House section 
     126 continuing a provision preventing the demolition of a 
     bridge between New Jersey and Ellis Island.
       Section 126--The conference agreement retains House section 
     127 continuing a provision prohibiting the posting of signs 
     at Canaveral National Seashore as clothing optional areas if 
     it is inconsistent with county ordinance.
       Section 127--The conference agreement retains language in 
     House section 128 continuing a provision limiting 
     compensation for the Special Master and Court Monitor 
     appointed in the Cobell v. Norton litigation.
       Section 130--The conference agreement includes language 
     proposed in House section 131 continuing a provision allowing 
     the transfer of Departmental Management funds for operational 
     needs at the airport at Midway Atoll National Wildlife 
     Refuge.
       Section 131--The conference agreement modifies language in 
     Senate section 127 clarifying the effect of section 134 of 
     the Department of the Interior and Related Agencies 
     Appropriations Act of 2002, regarding certain lands in 
     Kansas.
       Section 133--The conference agreement retains language in 
     Senate section 129 allowing the National Indian Gaming 
     Commission to collect $12,000,000 in fees for fiscal year 
     2005.
       The conference agreement does not include Senate section 
     130 prohibiting the use of funds for Cooperative Ecosystem 
     Study Units in Alaska.
       Section 134--The conference agreement modifies Senate 
     section 131 which deems the State of Utah's contribution 
     requirement complete for the purposes of Public Law 105-363.
       Section 135--The conference agreement retains Senate 
     section 132 designating Congaree National Monument as 
     Congaree National Park.
       Section 136--The conference agreement modifies language in 
     House section 133 allowing schools that are not funded by the 
     Bureau of Indian Affairs to participate in the tribal school 
     demonstration program with certain limitations.
       Section 137--The conference agreement retains Senate 
     section 133 requiring the Secretary of the Interior to submit 
     distribution plans for Indian Settlement Judgment Funds.
       Section 138--The conference agreement replaces House 
     section 134 to include the text of H.R. 1409, the ``Eastern 
     Band of Cherokee Indian Land Exchange Act of 2003''.
       Section 139--The conference agreement modifies Senate 
     section 134 establishing a demonstration project with respect 
     to compacting and management of Tribal trust resources.
       The conference agreement does not include House section 135 
     providing for a land exchange at the Mojave National 
     Preserve.
       The conference agreement does not include Senate section 
     135 requiring the Department of the Interior to report on 
     competitive sourcing activities. This issue is addressed in 
     Title III--General Provisions.
       Section 140--The conference agreement retains House section 
     136 establishing the Blue Ridge National Heritage Area.
       Section 141--The conference agreement retains Senate 
     section 136 authorizing payment of $11,750 to the Harriet 
     Tubman Home in Auburn, New York.
       The conference agreement does not include House section 137 
     limiting the use of funds to support the Klamath Fishery 
     Management Council.
       Section 142--The conference agreement retains Senate 
     section 137 dealing with the issuance of grazing permits 
     authorized by the Bureau of Land Management for the Jarbidge 
     field office.
       Section 143--The conference agreement retains Senate 
     section 138 amending section 2303(b) of Public Law 106-246 
     dealing with interim compensation payments to fishermen in 
     Glacier Bay NP, Alaska.
       Section 144--The conference agreement modifies Senate 
     section 139 retroactively restoring a mining claim voided 
     because of a defective waiver of the $100 hard rock mining 
     maintenance fee.
       Section 145--The conference agreement retains Senate 
     section 140 prohibiting the use of funds for certain special 
     events on the National Mall.
       The conference agreement does not include House section 336 
     limiting the use of funds for implementing competitive 
     sourcing studies at Archeological Centers in Nebraska and 
     Florida. The Department has completed competitive sourcing at 
     the Southeastern Archeological Center in Tallahassee, Florida 
     and the Federal employees won the competition. Based on 
     lessons learned in the study of this archeological center, 
     the Department has concluded that no further study of the 
     Midwestern Center is necessary.
       Section 146--The conference agreement provides for a 
     $5,000,000 grant to Kendall County, IL.
       Section 147--The conference agreement modifies Senate 
     section 341 amending a previous act conveying land in Clark 
     County to the City of Las Vegas, NV.
       Section 148--The conference agreement retains Senate 
     section 343 revising the boundary of Congaree Swamp NM, SC.
       Section 149--The conference agreement retains Senate 
     section 344 amending the Marine Mammal Protection Act 
     amendments of 1994 to permit the importation of polar bears 
     harvested prior to the enactment of final regulations.
       Section 150--The conference agreement includes language 
     directing the National Park Service to promulgate rules 
     regarding hunting at New River Gorge National River and to do 
     so in compliance with the Administrative Procedures Act and 
     the National Environmental Policy Act.

                       TITLE II--RELATED AGENCIES

                       Department of Agriculture

                             Forest Service


                     FOREST AND RANGELAND RESEARCH

       The conference agreement provides $269,710,000 for forest 
     and rangeland research instead of $267,230,000 as proposed by 
     the House and $266,180,000 as proposed by the

[[Page H9932]]

     Senate. The managers agree to the following changes to the 
     House recommendations as proposed by the Senate:
       1. There is a general reduction of $3,384,000.
       2. The forest inventory and analysis program (FIA) is 
     increased by $2,911,000. The managers note that with the 
     additional $5,000,000 provided for the forest resource 
     information and analysis activity within the State and 
     Private Forestry appropriation below, the FIA program is 
     provided a total of $57,359,000, the same total as proposed 
     by the Senate.
       3. The allocation of $500,000 for global climate change 
     work in the Northeast is not provided.
       4. The administrative cost adjustment for the Pacific NW 
     station is not provided.
       5. Baltimore urban watershed research is allocated 
     $200,000.
       6. The Northeast States research cooperative is provided 
     $2,000,000.
       7. The hardwood tree improvement program, IN, is allocated 
     $921,000.
       8. The Sitka, AK lab is allocated $1,130,000.
       The managers agree to the following additional changes to 
     the House recommendations:
       1. Funding for the advanced housing research consortium is 
     reduced by $300,000 for a total of $1,200,000.
       2. Research on adelgids and insects in the east is provided 
     $1,500,000 as proposed by the House, but the $500,000 
     described by the Senate for pest and pathogen research in 
     Morgantown, WV, should come from this allocation.
       3. The invasive species initiative is reduced $650,000 from 
     the House recommendation.
       4. The conference agreement includes $250,000 for the Joe 
     Skeen Institute for Range Research in New Mexico and $250,000 
     for the Joe Skeen Institute at Montana State University.
       5. The Forest Products Lab, WI, research on salvage lumber 
     is allocated $450,000.
       6. A total of $230,000, transferred from the State and 
     Private Forestry account where it was proposed by the Senate, 
     is provided for the Fernow Experimental Forest, WV, flood 
     modeling and associated research.
       7. Bill language is included which specifies that 
     $52,359,000 is available for the FIA program.


                       STATE AND PRIVATE FORESTRY

       The conference agreement provides $308,140,000 for State 
     and Private Forestry instead of $290,758,000 as proposed by 
     the House and $295,349,000 as proposed by the Senate. Funding 
     for this appropriation should follow the House 
     recommendations unless otherwise instructed herein.
       Forest Health Management.--The conference agreement 
     provides $54,500,000 for Federal lands forest health 
     management, instead of $56,000,000 as proposed by the House 
     and $48,642,000 as proposed by the Senate. This allocation 
     includes a general decrease of $1,500,000 below the House 
     recommendation. The southern pine beetle initiative is 
     provided $3,000,000 as proposed by the House.
       The conference agreement includes $45,300,000 for 
     cooperative lands forest health management instead of 
     $47,000,000 as proposed by the House and $31,431,000 as 
     proposed by the Senate. This allocation includes a general 
     decrease of $2,000,000 below the House recommendation. The 
     southern pine beetle initiative is provided $7,000,000 as 
     proposed by the House. The agreement also includes $300,000 
     for Vermont forest monitoring as proposed by the Senate, but 
     the specific allocation for Lake Arrowhead, CA, hazardous 
     tree removal is now part of the allocation for southern 
     California mountains within the State fire assistance 
     activity. The managers emphasize the urgent forest health 
     situation in southern California and encourage the Forest 
     Service to give this area special consideration. Within the 
     cooperative forest health activity, $250,000 should be 
     provided to the American Chestnut Foundation, southern 
     Appalachian office, to help with recovery efforts for the 
     American chestnut.
       The managers have provided no bill language nor funding for 
     the proposed new emerging pest and pathogens fund which was 
     proposed by the Senate, but the managers agree that the 
     Forest Service should withhold forest health funding, up to 
     $2,000,000, from immediate distribution so it is available 
     later in the year to address new problems that may emerge.
       Cooperative Fire Assistance.--The conference agreement 
     includes $33,800,000 for State fire assistance instead of 
     $36,000,000 as proposed by the House and $25,486,000 as 
     proposed by the Senate. This allocation includes $5,000,000 
     as proposed by the House for urgent work in southern 
     California Mountains, including the Lake Arrowhead and 
     Idyllwild areas emphasized by the Senate under a different 
     heading. The managers also agree to the $300,000 proposed by 
     the Senate for Cook Inlet Tribal Council, AK and instructions 
     concerning distribution of these funds in the Senate report 
     should be followed. The agreement includes a general program 
     decrease of $2,500,000 below the House level.
       The conference agreement includes $5,100,000 for volunteer 
     fire assistance as proposed by the House instead of 
     $5,043,000 as proposed by the Senate. The conference 
     agreement also includes additional funds for State fire and 
     volunteer fire assistance as part of the national fire plan 
     funding within the wildland fire management account.
       Forest Stewardship.--The conference agreement includes 
     $32,282,000 for forest stewardship instead of $32,683,000 as 
     proposed by the House and $32,012,000 as proposed by the 
     Senate. This allocation includes the $500,000 proposed by the 
     House for the New York City watershed, and Senate proposals 
     for: an increase above the House of $250,000 for the 
     Chesapeake Bay forestry program; $300,000 for Utah forestry 
     education; and a general decrease of $951,000.
       Forest Legacy Program.--The conference agreement includes 
     $64,934,000 for the forest legacy program instead of 
     $45,575,000 as proposed by the House and $84,716,000 as 
     proposed by the Senate. The conference agreement includes the 
     following distribution of funds for the forest legacy 
     program:

        State and project                                    Conference
AL  Mobile Tensaw Delta......................................$3,000,000
WA  Raging River Forest Headwaters............................1,000,000
NH  Pillsbury/Sunapee Highlands...............................2,530,000
NC  Cool Springs..............................................1,500,000
DE  Green Horizons............................................2,000,000
NJ  Upper Delaware River Watershed............................4,900,000
UT  Chalk Creek/South Fork......................................800,000
WA  Yakima River Forest Headwaters Phase II...................1,500,000
SC  Cooper River Corridor.....................................7,700,000
CA  Dofflemeyer Ranch.........................................2,500,000
ME  Machias River Project Phase I.............................2,000,000
NM  Lagunas Bonitas...........................................3,000,000
AK  Diamond Creek...............................................450,000
MT  Dutton Ranch................................................441,000
CT  Peaceful Hill...............................................200,000
MA  Belmont Springs...........................................1,400,000
CO  Soap Mesa.................................................1,000,000
IN  Shawnee Hills.............................................2,000,000
VT  Chittenden Uplands........................................3,150,000
ID  St. Joe Basin/Mica Creek Phase I..........................3,500,000
GA  Rocky Creek at Broxton Rocks..............................1,500,000
UT  Cedar Project.............................................1,550,000
MN  Lester River................................................500,000
IA  Canyons.....................................................290,000
PA  River Hills.................................................580,000
VA  Dragon Run................................................2,000,000
RI  Great Grass Pond............................................328,000
VA  The Cove..................................................1,000,000
TN  Ray Gettelfinger (Rugby)..................................1,000,000
MD  Broad Creek...............................................1,000,000
IL  Byron Rock River..........................................1,200,000
CT  Nipmuck.....................................................350,000
ME  Mt. Blue/Tumbledown Phase III.............................1,500,000
NH  Moose Mountain............................................1,000,000
MA  Bush Hill...................................................227,000
TN  Jim Creek parcel............................................838,000
MT  Swan River Valley.........................................3,000,000
WI  Holy Hill Woods...........................................2,000,000
NY  Pochuck Mtn...............................................1,300,000
VT  Monadnock Mtn...............................................500,000
KY  New State Start-up..........................................500,000
MI  New State Start-up..........................................500,000
WV  New State Start-up..........................................500,000
MT  Schiemann project (complete)................................400,000
                                                       ________________
                                                       
    Project Subtotal.........................................68,134,000
Administration, Acquisition Management & AON Planning.........3,800,000
Use of Prior Year Funds......................................-7,000,000
                                                       ________________
                                                       
    Total, Forest Legacy.....................................64,934,000

       The conference agreement retains bill language proposed by 
     the House requiring notification of the Appropriations 
     Committees when the Forest Service makes funds available for 
     specific forest legacy projects and the conference agreement 
     includes the Senate proposal to derive the forest legacy 
     program funding from the Land and Water Conservation Fund.
       Urban and Community Forestry.--The conference agreement 
     includes $35,299,000 for the urban and community forestry 
     program instead of $36,000,000 as proposed by the House and 
     $35,999,000 as proposed by the Senate. Changes from the House 
     proposal for this activity include a decrease of $100,000 for 
     northeast PA community forestry and a total of $200,000 for 
     the Chicago greenstreets program, $200,000 for Cook County 
     forest preserve, IL, and $150,000 for the People and Parks 
     Fund for work on Baltimore, MD urban watershed activities and 
     a $1,151,000 general decrease.
       The managers do not concur with the House proposal 
     concerning the implementation of a new methodology for the 
     allocation of urban and community forestry funds prior to the 
     disbursal of funds in fiscal year 2004. The managers believe 
     that before a new allocation methodology is adopted by the 
     agency, additional information is needed so the Committees 
     can fully evaluate the consequences of such a change on the 
     program. Accordingly, the managers direct the agency to 
     present to the House and Senate Committees on Appropriations, 
     by April 1, 2004, a report describing the current allocation 
     methodology and one or more alternative methodologies that 
     focus additional emphasis on program performance. The report 
     must include at least one methodology which considers both 
     State and large urban area populations, and this methodology 
     should propose increasing allocations to States with large 
     urban centers. The report may also include other allocation 
     methodologies which do not increase allocations to more 
     populated States but instead focus on means to enhance 
     program performance. At least one of the proposed 
     methodologies should include competitive funding for 
     nationally or regionally significant projects. The report 
     shall also include an analysis of whether it is still

[[Page H9933]]

     necessary to require certain specific staffing levels by a 
     State as a condition for obtaining grants through the 
     program. The managers expect that this report shall be done 
     in collaboration with participating State and non-
     governmental partners and with public input.
       Economic Action Programs.--The conference agreement 
     includes $25,925,000 for the economic action programs instead 
     of $17,400,000 as proposed by the House and $24,020,000 as 
     proposed by the Senate. The managers have provided $1,000,000 
     for the wood in transportation program with the understanding 
     that this will be the final year of Federal assistance. The 
     conference agreement does not include the specific allocation 
     of $2,000,000 for the Northeast-Midwest in the rural 
     development through forestry program. The conference 
     agreement includes bill language concerning a $500,000 direct 
     payment for the Kake land exchange, AK. The allocation for 
     Cradle of Forestry conservation education, NC, includes 
     $250,000 for the Pisgah Forest Institute and $300,000 for the 
     Cradle of Forestry, USDA. The allocation of $750,000 for the 
     education and research consortium of western North Carolina 
     includes $250,000 for the new educational program at Pisgah 
     Forest Institute, $250,000 for expanding this educational 
     program in northeastern Pennsylvania, and $250,000 for the 
     landscape management system program. The Senate instructions 
     on the disbursal of funds for the Chugach Avalanche Center 
     and Ketchikan Wood Technology Center should be followed.
       The conference agreement includes the following 
     distribution of funds for the economic action programs:

        Program/Project                                          Amount
Economic recovery base program...............................$5,000,000
Rural development base program................................4,000,000
Forest products, conservation & recycling.....................1,300,000
Wood in transportation........................................1,000,000
                                                       ________________
                                                       
    Subtotal, Programs.......................................11,300,000
                                                       ================

Special projects:
  Alabama rural economic action.................................500,000
  Arid Lands Research Consortium................................400,000
  Cradle of Forestry conservation education, NC.................550,000
  Gonzaga Univ. Inland NW Natural Resources Center, WA..........600,000
  KY mine waste reforestation.................................1,000,000
  Lake Tahoe erosion control grants, CA, NV...................1,750,000
  Education & research consortium of western NC.................750,000
  Rural forestry technology, Univ. WA and WA St. U..............625,000
  Woody biomass applications, SUNY, Syracuse, NY................750,000
  Wood Education & Resource Center, WV........................2,700,000
  Chugach avalanche center, AK..................................200,000
  Ketchikan wood technology Center, AK..........................750,000
  Mountain studies institute, CO................................500,000
  Environmental Science & public policy research, ID............250,000
  Missouri forest foundation biomass project..................1,000,000
  Fuels-in-schools biomass program, MT........................1,250,000
  Univ. of Idaho collaborative working forests..................350,000
  Northern forests partnership program..........................100,000
  Fontana Lake, Swain county econ. development Study, NC........100,000
  Kake land exchange, AK........................................500,000
                                                       ________________
                                                       
    Subtotal, Special Projects...............................14,625,000
                                                       ================

    Total, Economic Action...................................25,925,000

       Forest Resource Information and Analysis.--The conference 
     agreement includes $5,000,000 for forest resource information 
     and analysis instead of $9,000,000 as proposed by the House 
     and no Senate funding. Additional information on the FIA 
     program is under the forest and rangeland research heading.
       International Program.--The conference agreement includes 
     $6,000,000 for the International program as proposed by both 
     the House and the Senate.


                         NATIONAL FOREST SYSTEM

       The conference agreement provides $1,382,916,000 for the 
     national forest system instead of $1,394,792,000 as proposed 
     by the House and $1,370,731,000 as proposed by the Senate. 
     Funds should be distributed as follows:

Land management planning....................................$70,868,000
Inventory and monitoring....................................171,776,000
Recreation, heritage & wilderness...........................258,232,000
Wildlife & fish habitat management..........................137,375,000
Grazing management...........................................46,471,000
Forest products.............................................268,319,000
Vegetation & watershed management...........................196,106,000
Minerals and geology management..............................54,065,000
Landownership management.....................................92,692,000
Law enforcement operations...................................83,862,000
Vales Calderas National Preserve, NM..........................3,150,000
                                                       ________________
                                                       
    Total.................................................1,382,916,000

       The following discussion describes funding changes from the 
     House passed bill.
       1. The land management planning activity includes $400,000 
     for the environmental training program proposed by the Senate 
     and the Senate proposed general decrease of $3,461,000.
       2. The inventory and monitoring activity includes a 
     decrease of $100,000 for Lake Tahoe basin adaptive management 
     and the Senate proposed general decrease of $1,620,000.
       3. The recreation activity does not include the $1,900,000 
     for national trails management proposed by the House; 
     however, these funds have been transferred to the capital 
     improvement and maintenance account. The agreement includes 
     Senate proposals for $250,000 for Coffman Cove, AK, $150,000 
     for the backcountry hut network plan, AK, and a general 
     decrease of $2,550,000. Additional instructions concerning 
     the backcountry hut project are under the Capital Improvement 
     and Maintenance heading.
       4. The wildlife and fish habitat management activity 
     includes the Senate proposed increase of $250,000 for the 
     Batten Kill River, VT, $1,100,000 for north continental 
     divide genetic survey, and a general decrease of $2,300,000.
       5. The grazing management activity is $400,000 below the 
     House level, an increase of $471,000 from the Senate level. 
     The increased funding over the enacted level should be used 
     to perform NEPA analysis to address the backlog of expiring 
     grazing permits and to engage in cooperative monitoring 
     activities in conjunction with grazing permittees.
       6. The forest products activity includes the Senate 
     proposed earmark in bill language of $5,000,000 for Tongass 
     national forest timber sales preparation and the Senate 
     proposed general decrease of $10,185,000. Total funding for 
     forest products is at the requested level so the Forest 
     Service should be able to meet its timber target. The 
     managers do not agree with respect to the Senate proposal 
     concerning the use of the Scribner timber scaling system.
       7. The vegetation and watershed management activity 
     includes the general decrease proposed by the Senate of 
     $6,666,000 and increases of: $2,950,000 for the Lake Tahoe 
     basin; $1,000,000 for Tongass National Forest, AK, pre-
     commercial thinning; $135,000 for Monongahela National Forest 
     hydrology study, WV; and $300,000 for leafy spurge control.
       8. The land ownership management activity has a general 
     reduction of $2,645,000 below the House level, and within 
     funds, $200,000 should be used for the Senate proposed Lolo 
     NF, MT, land exchange.
       9. The law enforcement activity has an increase of $100,000 
     for Daniel Boone NF, KY, drug control, a decrease of $100,000 
     for Mark Twain NF, MO, counter drug work, and an increase of 
     $250,000 for additional officers on the Ouachita NF, OK.
       10. The Valles Caldera National Preserve, NM, is funded at 
     the Senate proposed level and includes the Senate bill 
     language for the preserve and its staff.
       11. The $6,000,000 general reduction to this account passed 
     on the House floor is not agreed to by the managers.
       12. The agreement includes the House bill language 
     concerning transfer authority for the wild horse and burro 
     program.
       13. The managers are aware of activities within the 
     southern region to designate portions of the Roosevelt Roads 
     Naval Station in Puerto Rico as a part of the National Forest 
     System. The managers believe that this would impose 
     substantial additional costs on the Forest Service and the 
     agency should not proceed with this proposal before fully 
     consulting with the House and Senate Committees on 
     Appropriations. Other agencies may be better able to manage 
     this marine estuary.


                        WILDLAND FIRE MANAGEMENT

       The conference agreement provides $1,944,212,000 for 
     wildland fire management instead of $1,624,632,000 as 
     proposed by the House and $1,543,072,000 as proposed by the 
     Senate. This total includes $301,000,000 in emergency funds, 
     as requested by the Administration, to repay costs incurred 
     during wildfire suppression emergencies. This emergency 
     amount replaces the funds recommended in Title IV of the 
     Senate bill.
       Wildfire Suppression Operations.--The conference agreement 
     includes $604,580,000 for suppression operations, instead of 
     $520,000,000 as proposed by the House and $514,327,000 as 
     proposed by the Senate. The managers have provided the full 
     amount requested by the administration for wildfire 
     suppression, an increase of $252,616,000 above the fiscal 
     year 2003 funding level. The conference agreement retains the 
     bill language in administrative provisions, which allows 
     funds from other Forest Service accounts to be transferred 
     for suppression during emergencies if appropriated funds in 
     this account are exhausted, but the language has been 
     modified to require the Forest Service to first transfer

[[Page H9934]]

     some portion of funds not immediately needed for project 
     completion from the land acquisition and forest legacy 
     programs. The wildfire borrowing has caused serious program 
     disruption throughout the Forest Service during the past two 
     years. The managers implore the Administration to work with 
     the Congress to create a more reasoned approach to funding 
     these vital wildfire suppression activities, while 
     implementing new, substantial measures to control costs of 
     large wildfire events.
       The conference agreement has modified bill language 
     proposed by the Senate concerning reimbursements to States 
     for non-fire related costs incurred during national 
     emergencies. The new language allows these reimbursements if 
     it is clear that the funds would be derived from Federal 
     emergency agencies, not the Forest Service. The managers 
     agree with the Senate direction concerning the use of a 
     private contract with commercial providers of off-duty or 
     trained personnel with law enforcement backgrounds to provide 
     security services in firefighting camps. The managers expect 
     the Forest Service to develop the mechanisms, plans, and 
     procedures for consistent, efficient, and cost-effective fire 
     camp security and develop a business analysis of the costs 
     and benefits of such a contract compared with the costs and 
     benefits of providing such services using comparable Federal 
     personnel. The managers are pleased with the progress of the 
     first two phases of the Incident Qualification and 
     Certification System project. The managers recognize the 
     importance of this interagency effort in relation to 
     firefighter safety and fire resource management and look 
     forward to its national implementation.
       Wildfire Preparedness.--The agreement includes $680,000,000 
     for preparedness, a reduction of $18,000,000 from the House 
     recommendation and $20,000,000 below the Senate 
     recommendation. The managers note that funds provided in this 
     Act are at a level that approximates the amount used by the 
     agency in fiscal year 2003 to achieve a consistent level of 
     readiness and enable the agency to promptly execute initial 
     attack operations. The managers direct the agency to generate 
     appropriate programming efficiencies that will result in a 
     similar level of on-the-ground resources being available for 
     initial attack operations. The managers expect the agency to 
     maximize efforts to reduce expenses in program management 
     functions to ensure priority is given to maintaining the 
     level of on-the-ground resources that is consistent with 
     levels of the past two years. The managers also direct the 
     agency to evaluate further actions that may be necessary to 
     maintain this level of readiness and to inform the 
     subcommittees of such actions that are planned for 
     implementation.
       Other Wildfire Operations.--The conference agreement 
     includes $358,632,000 for other fire operation activities 
     instead of $406,632,000 as proposed by the House and 
     $328,745,000 as proposed by the Senate. The allocation of 
     this funding is as follows:

        Program                                                  Amount
Hazardous Fuels............................................$236,392,000
Rehabilitation & restoration..................................7,000,000
Research & Development.......................................22,300,000
Joint Fire Science............................................8,000,000
Forest Health Management federal.............................15,000,000
Forest Health Management cooperative.........................10,000,000
State and community fire assistance..........................51,700,000
Volunteer fire assistance.....................................8,240,000
                                                       ________________
                                                       
    Total other wildfire operations........................$358,632,000
       The conference agreement includes $236,392,000 for 
     hazardous fuels treatments, a reduction of $10,000,000 below 
     the House level and $5,000,000 above the Senate 
     recommendation. This allocation includes the $5,000,000 
     proposed by the House for the San Bernardino national forest 
     area, CA, and the Senate proposals of $2,100,000 for the Lake 
     Tahoe basin and $1,500,000 for the Santa Fe watershed, NM. 
     The managers also encourage the Forest Service to coordinate 
     more closely with the Fish and Wildlife Service to ensure 
     that funds provided in the Forest Service budget for ESA 
     consultation are more fully utilized.
       The conference agreement includes bill language which 
     specifies $7,000,000 for rehabilitation and restoration 
     activities instead of $40,000,000 as proposed by the House 
     and no funding as proposed by the Senate.
       The conference agreement includes $22,300,000 for research 
     and development activities. Changes from the House proposal 
     include an increase of $1,000,000 for the University of 
     Montana landscape analysis center and $200,000 for the 
     related University of Idaho project and a $900,000 general 
     program decrease.
       The conference agreement includes $15,000,000 for federal 
     forest health activities and $10,000,000 for cooperative 
     forest health activities as proposed by the House. These 
     funds should be used for high priority work, as part of the 
     national fire plan, to implement activities which should 
     clean up forests and stop forest declines which can increase 
     wildfire danger and result in resource damage and danger to 
     communities.
       The managers have included $51,700,000 for State and 
     community fire assistance. Changes from the House 
     recommendation include allocations of $1,700,000 for the 
     Alaska Matanuska-Sustitna Borough, $1,500,000 for the Alaska 
     Kenai peninsula borough, $2,000,000 to the Municipality of 
     Anchorage, and $500,000 for the Alaska, City of Nenana. The 
     Forest Service shall follow Senate instructions concerning 
     disbursal of these funds. There is also a general program 
     decrease of $5,000,000 below the House level.
       The conference agreement includes no funding nor bill 
     language for economic action activities associated with the 
     national fire plan as proposed by the Senate instead of 
     $6,000,000 as proposed by the House. Volunteer fire 
     assistance receives $8,240,000 as proposed by the House and 
     the Senate.
       Emergency Wildfire Repayment.--The conference agreement 
     includes $301,000,000 for repayment of wildfire suppression 
     funds transferred from other accounts during fiscal year 2003 
     for wildfire emergencies as requested. This amount replaces 
     the $325,000,000 in Title IV of the Senate passed bill. The 
     managers note that this partial repayment still leaves the 
     Forest Service accounts $141,000,000 short from fiscal year 
     2003 wildfires as well as the $283,000,000, which the agency 
     had to absorb during fiscal year 2002. The managers have 
     directed the repayments to specific appropriation accounts. 
     The managers direct that in no instance shall projects 
     identified in the agency's fiscal year 2003 budget 
     justification or Congressional projects agreed upon in the 
     fiscal year 2003 conference report be reduced as a result of 
     not fully reimbursing non-fire accounts for fire transfers.


                  CAPITAL IMPROVEMENT AND MAINTENANCE

       The conference agreement provides $562,154,000 for capital 
     improvement and maintenance instead of $560,473,000 as 
     proposed by the House and $532,406,000 as proposed by the 
     Senate. The conference agreement provides for the following 
     distribution of funds:

        Activity/Project                                         Amount
Facilities:
  Maintenance...............................................$98,342,000
  Capital Improvement........................................93,993,000
                                              Congressional Priorities:
    Allegheny NF recreation projects, PA........................975,000
    Bradford RD office completion, PA...........................190,000
    Cherokee NF, Chilhowee rec area I & II, TN..................674,000
    Cradle Forestry rehab & exhibits, NC........................175,000
    D. Boone NF, recreation improvements, KY....................795,000
    Nantahala NF Santeetlah Lake boat ramp improvements, NC...1,250,000
    Nantahala NF Jackrabbit rec area, NC......................1,030,000
    Pisgah NF, Lake Powhatan cmpgrd rehab, NC.................1,660,000
    Pisgah NF, Mortimer Recreation Area, NC.....................200,000
    San Bernardino NF sanitation rehab, CA......................725,000
    Waldo Lake rec rehab, OR....................................450,000
    Tongass Juneau housing phase I, AK........................1,051,000
    Tongass Juneau housing phase II, AK.........................552,000
    Tongass Admir. NM/Juneau RD admin phase I, AK...............619,000
    Tongass Admir. NM/Juneau RD admin phase II, AK............2,419,000
    Black Hills Mystic Lab/common area, SD....................4,300,000
    Monongahela NF facilities, WV.............................1,190,000
    University of Montana planning, MT..........................150,000
    Smith County lake feasibility study, MS.....................300,000
    Inst. Pacific Islands Forestry, HI........................2,500,000
    Forest Products lab durability facility, WI.................500,000
    Camp Ouachita, AR.........................................1,000,000
    Tongass NF log transfer facilities, AK....................1,500,000
    Chugach NF Russian River visitor center planning, AK........500,000
      Subtotal, Congressional Priorities.....................24,705,000
                                                       ________________
                                                       
      Subtotal, Facilities..................................217,040,000
                                                       ================

Roads:
  Maintenance..............................................$153,000,000
  Capital Improvement........................................75,500,000
                                              Congressional Priorities:
    Caribbean NF emergency repairs, PR..........................325,000
    Chattahooche NF Rich Mtn rd, GA.............................318,000
    Coweeta research center improvements, NC....................125,000
    Lake Tahoe basin, rehab & decommissioning, CA NV..........2,000,000
    Mt. Hood NF, Cloud Cap & Hood River Meadows, OR.............396,000
    Highland Scenic Hwy, Williams River, WV.....................800,000
    Tongass NF, AK............................................5,000,000
      Subtotal, Congressional Priorities......................8,964,000
                                                       ________________
                                                       
      Subtotal, Roads.......................................237,464,000
                                                       ================

Trails:
  Maintenance...............................................$37,750,000

[[Page H9935]]

  Capital Improvement........................................32,000,000
                                              Congressional Priorities:
    D. Boone NF, Cave Run & Laurel Lake horse trails, KY........500,000
    FL National scenic trail....................................500,000
    Pacific Crest trail improvements, CA OR WA..................850,000
    Mount Yonah & Pinhoti Trails, GA............................350,000
    Continental Divide Trail..................................1,000,000
    Pulaski trail, ID...........................................300,000
    Fernwood Park, Wasatch-Cache NF, UT.........................500,000
    National trails, national responsibility..................1,500,000
    National trails, national responsibility....................400,000
      Subtotal, Congressional Priorities......................5,900,000
                                                       ________________
                                                       
      Subtotal, Trails.......................................75,650,000
                                                       ================

Infrastructure Improvement:
  Fish Passage Barriers.......................................7,200,000
  Deferred Maintenance.......................................24,800,000
                                                       ________________
                                                       
      Subtotal, Infrastructure Improvement...................32,000,000
                                                       ================

    Total, Capital Improvement and Maintenance..............562,154,000

       The managers agree with the overall program direction for 
     this account provided by both the House and the Senate. The 
     funds for fish passage barriers include the $7,000,000 
     recommended by the House and the $200,000 for the Senate 
     proposed project in Craig, AK. The agreement includes the 
     House bill language concerning road decommissioning but not 
     the Senate bill language earmark for Fernwood Park, UT. Funds 
     for this Utah project are included in the table above.
       The managers do not concur with Senate report language 
     contained in the Capital Improvement and Maintenance account 
     regarding the construction of Backcountry Huts in Alaska. 
     Rather, $350,000 shall be available in the economic action 
     budget line item of the State and Private Forestry account 
     from funds appropriated in Public Law 108-7. To facilitate 
     this construction, the managers have included bill language 
     to transfer funds provided in Public Law 108-7, from the 
     Capital Improvement and Maintenance account to the State and 
     Private Forestry account. The managers direct the Forest 
     Service to use expeditiously funds provided in the National 
     Forest System account in this Act and additional funds, as 
     needed, to complete necessary environmental analysis in 
     advance of such construction. The managers direct the Forest 
     Service to make the Economic Action funds available to the 
     Alaska Mountain and Wilderness Huts Association for planning 
     and construction of the huts. Huts constructed on national 
     forest lands shall be available for use by the general 
     public, as specified in the special use permit administered 
     by the Forest Service. The Association will not have 
     exclusive rights to use of such huts on national forest 
     system land.
       The managers note that in several cases specific 
     congressional priority projects involve maintenance, 
     improvement, and construction of a combination of facilities, 
     roads, and trails. Although such congressional priorities are 
     reflected in a single budget line item, the managers expect 
     the agency to comply with congressional intent for completion 
     of the entire project and authorize the agency to move funds 
     between budget lines within the account to complete projects 
     as intended while accurately reflecting project costs.


                            LAND ACQUISITION

       The conference agreement provides $67,191,000 for land 
     acquisition instead of $29,288,000 as proposed by the House 
     and $76,440,000 as proposed by the Senate. Funds should be 
     distributed as follows:

        Area (state)                                             Amount
Alabama National Forests, multiple NFs (AL)....................$750,000
Arapaho NF: Beaver Brook Watershed (CO).......................2,400,000
Black Hills NF (SD)...........................................1,000,000
Chatooga River Corridor, multiple NFs (NC/SC/GA)................750,000
Chattahoochee NF: Georgia Mts.--Riparian Project (GA)...........500,000
Chequamegon-Nicolet NF: Wisconsin Wild Waterways (WI).........2,000,000
Cherokee NF: Tennessee Mountain (TN)..........................3,800,000
Coconino NF: Thomas Point (AZ)..................................400,000
Columbia River Gorge NSA......................................1,000,000
Custer NF: Schwend Ranch (MT)...................................750,000
Daniel Boone NF (KY)............................................750,000
DeSoto NF (MS)..................................................360,000
Flathead NF: Swan Valley (MT).................................2,750,000
Florida National Scenic Trails, multiple NFs (FL).............3,000,000
Francis Marion NF (SC)........................................1,300,000
Great Lakes/Great Lands, multiple NFs (MI)....................1,500,000
Greater Yellowstone Area, multiple NFs (MT)...................2,000,000
Green Mountain NF (VT)........................................1,500,000
Hoosier NF: Hoosier Unique Areas (IN)...........................500,000
Idaho Wilderness/W&S Rivers, multiple NFs (ID/MT)...............706,000
Lake Tahoe Basin sensitive lands (CA/NV)......................3,000,000
Los Padres NF: Ahearn Ranch (CA)..............................1,500,000
Mark Twain NF: Ozark Mountain Streams and Rivers (MO)...........500,000
Monongahela NF: Beckwith (WV).................................1,800,000
Mt. Baker-Snoqualmie NF: I-90 Corridor (WA)...................5,000,000
Pacific Northwest Streams, multiple NFs (OR/WA)...............1,875,000
Sawtooth NRA (ID).............................................1,000,000
Shawnee NF (IL).................................................500,000
Sumter NF (SC)................................................1,300,000
Suwannee Wildlife Corridor, multiple NFs (FL)...................750,000
Talladega NF: Pinhoti Trail (AL)..............................1,000,000
Uwharrie NF: Uwharrie Trail (NC)................................500,000
Wasatch-Cache NF: Bonneville Shoreline Trail (UT).............1,250,000
Wasatch-Cache NF: High Uintas (UT)............................1,500,000
White River NF: High Elk Corridor (CO)........................1,000,000
    Subtotal.................................................50,191,000
Acquisition Management.......................................15,000,000
Critical Inholdings/Wilderness Protection.....................1,500,000
Land Exchange Equalization Payment..............................500,000
                                                       ________________
                                                       
    Total....................................................67,191,000

       For several years the managers have provided funds for the 
     acquisition of small lots in the Lake Tahoe Basin. These 
     funds have been provided under several descriptions, 
     including urban lots, critically sensitive lands, and 
     sensitive lands. The managers direct the Forest Service to 
     consolidate unobligated balances from previous years for 
     acquisition of these lots with the money provided for such 
     acquisitions in this conference agreement.
       Within the funds provided for Pacific NW Streams in 
     Washington and Oregon, the managers agree that $1,075,000 is 
     for the Tieton River project in Washington and $800,000 is 
     for projects in the State of Oregon.
       The conference agreement includes statutory language 
     proposed by the Senate dealing with the acquisition of 
     certain lands in the Tongass NF, AK. The conference agreement 
     does not include statutory language earmarking funds for the 
     Beaver Brook watershed in the Arapaho NF, CO. These funds 
     have been added to the land acquisition account as shown in 
     the table above.


         ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

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


            acquisition of lands to complete land exchanges

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


                         range betterment fund

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


    gifts, donations and bequests for forest and rangeland research

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


        management of national forest lands for subsistence uses

       The conference agreement provides $5,535,000 for management 
     of national forest system lands for subsistence uses in 
     Alaska as proposed by both the House and the Senate. The 
     managers have not included the Senate proposed language 
     providing special authority to transfer funds from this 
     account for the Office of the General Counsel.


               administrative provisions, forest service

       The managers have retained the Senate bill language 
     concerning aircraft for replacement. The conference agreement 
     includes the Senate bill language concerning the transfer 
     authority during wildfire emergencies after all fire 
     suppression funds are obligated, but the agreement also 
     specifies that the Forest Service will first transfer some 
     portion of the funds from the land acquisition and forest 
     legacy programs when available. The conference agreement 
     allows the Forest Service to advance $3,000,000 to the 
     National Forest Foundation and permits the Foundation up to 
     $350,000 for administrative costs. The conference agreement 
     includes the House proposed bill language for the National 
     Fish and Wildlife Foundation. The conference agreement does 
     not include specific direction concerning Jobs in the Woods 
     grants in the State of Washington. The House language 
     concerning High Sierra packers, CA is retained as is the 
     Senate proposal concerning transfers of funds to implement 
     the T'uf Shur Bien Preservation Trust Act in New Mexico. The 
     conference agreement includes the Senate proposal for the 
     Older Americans Act matching funds and the

[[Page H9936]]

     Senate proposal concerning sale of excess buildings on the 
     Wasatch-Cache NF, UT.
       The managers are very concerned about USDA working capital 
     fund charges levied against Forest Service accounts that far 
     exceed anticipated levels. Bill language in section 342 of 
     this Act requires greater clarity from all the agencies 
     funded in this Act in their use of assessments.
       Both the House and the Senate Committee reports expressed 
     serious concern for the manner in which the Forest Service 
     has implemented competitive sourcing studies. The managers 
     remain very concerned and have provided instructions for the 
     Forest Service and other agencies in section 340 of this Act, 
     which replace the earlier instructions. The managers 
     understand that last year the Forest Service spent at least 
     $18,000,000 on this effort without any prior notification of, 
     or approval by, the Committees on Appropriations. The 
     managers understand that this effort will go forward during 
     fiscal year 2004, but the Administration will provide more 
     timely information to Congress and the public when 
     undertaking competitive sourcing activities.
       The managers encourage the Departments of the Interior and 
     Agriculture to resume settlement negotiations regarding the 
     new license for the Box Canyon Project (P-2042) with Public 
     Utility District No. 1 of Pend Oreille County, WA, the 
     Kalispel Tribe of Indians, and others. The goal of these 
     negotiations should be a comprehensive settlement that 
     addresses the power needs of the utility while ensuring 
     reasonable measures are taken to address the environmental 
     impacts of the project.

                          Department of Energy

       The managers agree that all energy technology program 
     offices as well as other agencies and programs participating 
     in the Clean Energy Technology Exports Initiative are 
     strongly urged to contribute to this nine-agency effort.


                         clean coal technology

                       (deferral and rescission)

       The conference agreement defers $97,000,000 in clean coal 
     technology funds as proposed by the Senate instead of a 
     deferral of $86,000,000 as proposed by the House. The 
     conference agreement also rescinds $88,000,000 in clean coal 
     technology funds. These funds have been added to the base 
     budget for the fossil energy research and development account 
     where all continuing research programs and associated 
     administrative expenses should be funded. Clean coal 
     technology funds are limited to completing active projects 
     under that program. Once those projects are completed, a 
     separate clean coal technology account will no longer be 
     required.
       The managers have not included bill language authorizing 
     the use of clean coal technology funds for the FutureGen 
     program as proposed by the Senate. Funding is included in the 
     fossil energy research and development account for FutureGen. 
     The managers agree that clean coal technology funds should 
     not be transferred to fund ongoing programs in fossil energy 
     research and development. Rather, a rescission of excess 
     clean coal funds should be proposed and, to the extent new 
     and expanded research program funds are required, including 
     funds for FutureGen, they should be budgeted directly in the 
     fossil energy research and development account.


                 fossil energy research and development

       The conference agreement includes $681,163,000 for fossil 
     energy research and development, instead of $609,290,000 as 
     proposed by the House and $593,514,000 as proposed by the 
     Senate. The conference agreement includes funds for several 
     ongoing programs that were previously funded under the clean 
     coal technology account, funding to begin the FutureGen 
     program, and funding increases for programs that provide 
     critical underpinning for, and are critical for the success 
     of, FutureGen. The increase in funding above the Senate 
     proposed level is offset fully by the rescission of $88 
     million in clean coal technology funding. The numerical 
     changes described below are to the House recommended level.
       The conference agreement includes increases of $42,000,000 
     for the clean coal power initiative and $9,000,000 to 
     initiate the FutureGen program. The funds provided for 
     the FutureGen program are contingent on the receipt of a 
     complete program plan that clearly and fully delineates by 
     project and by year the funding for each element of, and 
     milestone associated with, the FutureGen program. This 
     plan should be closely coordinated with industry 
     cooperators and submitted to the House and Senate 
     Committees on Appropriations no later than December 31, 
     2003. The managers understand the need for a lower cost 
     share for the initial research and planning stages of the 
     FutureGen program, but any demonstration component must 
     include at least a 50 percent industry cost share.
       In transportation fuels and chemicals, there is an increase 
     of $700,000 for syngas membrane technology.
       In advanced fuels research, there is an increase of 
     $350,000.
       In advanced research, there are decreases of $33,000 in 
     technology crosscut for the focus area for computational 
     energy science, $750,000 for materials research, $19,000 for 
     university coal research, and $7,000 for HBCU education and 
     training. There is also an increase of $3,000,000 for coal 
     utilization science as proposed by the Senate.
       In distributed generation systems, there is an increase of 
     $2,000,000 for fuel cell systems development for molten 
     carbonate fuel cells including the MCFC/hybrid program.
       There is an increase of $1,000,000 for the U.S./China 
     Energy and Environmental Center. This program previously was 
     funded using clean coal funds. The program has been moved 
     from the clean coal account to the fossil energy research and 
     development account. The managers note that this program 
     complements both the clean coal power initiative and the 
     FutureGen program.
       In natural gas exploration and production, there is an 
     increase of $3,000,000 for Arctic research.
       In the gas hydrates program, there is an increase of 
     $4,000,000, which will restore that program to the fiscal 
     year 2003 level.
       There is an increase of $50,000 for program support for the 
     natural gas infrastructure program.
       In oil technology, there is an increase of $1,500,000 for 
     the Arctic Energy Office and a decrease of $20,000 for 
     program support in the exploration and production activity. 
     There is also an increase of $1,836,000 for effective 
     environmental protection.
       Other changes include an increase of $500,000 for 
     cooperative research and development, a decrease of $234,000 
     for travel in the headquarters program direction activity, 
     and an increase of $4,000,000 for National Energy Technology 
     Laboratory infrastructure improvements in the general plant 
     projects activity.
       Bill Language.--The conference agreement includes 
     $4,000,000 for NETL facilities renovation as proposed by the 
     Senate rather than $2,000,000 as proposed by the House. As 
     noted above, the $4,000,000 is added to the budget for this 
     purpose. The conference agreement also includes language 
     proposed by the Senate limiting headquarters travel 
     expenditures to $536,000.
       The managers agree to the following:
       1. Any future funding for the FutureGen program should be 
     requested as a direct appropriation in the fossil energy 
     research and development program and should not be derived by 
     transfer from any other account.
       2. The FutureGen program should not be funded at the 
     expense of ongoing fossil energy research.
       3. The managers support the goals of the national climate 
     change technology initiative--reducing greenhouse gas 
     emissions and sequestering greenhouse gases--and encourage 
     the Department to propose funding in future budgets within 
     the context of existing programs in fossil energy research 
     and development.
       4. In addition to the activities described by the House for 
     the use of the funds provided for the Russia technology 
     program, the managers do not object to cooperative Russia/
     Korea oil and gas technology efforts.
       5. There is no earmark for general plant projects other 
     than the $4,000,000 provided in statutory language for NETL.
       6. There is no funding provided in fiscal year 2004 for the 
     energy efficiency science initiative.
       7. The Department should continue research on mercury 
     emissions reductions from lignite-fired power plants, 
     consistent with the project proposals funded in September 
     2003. The managers understand that a second round of projects 
     will be funded in January 2004 and expect the Department to 
     consider this important research area when making awards.
       The managers are concerned by the lack of progress in 
     product design improvements aimed at reducing the cost of 
     commercial fuel cell technology, especially with respect to 
     tubular solid oxide fuel cell technology. If the fuel cell 
     developers cannot provide evidence that clearly demonstrates 
     that the commercial product will be capable of meeting a $400 
     per kilowatt target by the end of fiscal year 2004, without 
     needing any additional product development, funding should be 
     redirected to the Solid State Energy Conversion Alliance 
     program and SECA-based hybrid technology development.


                 naval petroleum and oil shale reserves

       The conference agreement provides $18,219,000 for naval 
     petroleum and oil shale reserves instead of $20,500,000 as 
     proposed by the House and $17,947,000 as proposed by the 
     Senate. The change to the House level is a decrease of 
     $2,281,000 for restoration activities in the production and 
     operations program.


                      elk hills school lands fund

       The conference agreement provides an advance appropriation 
     of $36,000,000 for the Elk Hills School Lands Fund as 
     proposed by both the House and the Senate. These funds will 
     become available on October 1, 2004.


                          energy conservation

       The conference agreement provides $888,937,000 for energy 
     conservation instead of $879,487,000 as proposed by the House 
     and $861,645,000 as proposed by the Senate. The numerical 
     changes described below are to the House recommended level.
       In vehicle technologies, there is a decrease of $500,000 in 
     innovative concepts for the graduate automotive technology 
     education program. There is an increase of $1,000,000 in 
     subsystem integration and development for heavy vehicle 
     propulsion and ancillary subsystems to fund an application 
     specific refuse vehicle demonstration. There are decreases 
     for advanced combustion engine research of $1,000,000 for 
     combustion and emissions control for light and heavy-duty 
     vehicles, $1,000,000 for heavy truck engine, and $500,000 for 
     health impacts. There is also an

[[Page H9937]]

     increase in advanced combustion engine research of 
     $2,000,000 for waste heat recovery.
       Also in vehicle technologies, there is a decrease of 
     $1,000,000 in materials technology for automotive lightweight 
     materials research. In fuels technology, there are decreases 
     of $3,000,000 for advanced petroleum based fuels and 
     $1,000,000 for environmental impacts and an increase of 
     $400,000 in non-petroleum fuels and lubes for renewable and 
     synthetic fuels. In technology introduction, there is an 
     increase of $500,000 in testing and evaluation for vehicle 
     evaluation. Finally, there is a decrease of $100,000 for the 
     biennial FreedomCAR peer review.
       In fuel cell technology, increases include $1,000,000 for 
     transportation systems, $2,500,000 for stack component 
     research and development, and $10,000,000 for technology 
     validation. There is a decrease of $4,000,000 for fuel 
     processor research and development.
       In weatherization and intergovernmental, there are 
     increases of $500,000 for the clean cities program and 
     $500,000 for the inventions and innovations program and 
     decreases of $10,000,000 for weatherization assistance, 
     $500,000 for State energy programs, and $500,000 for the 
     rebuild America program.
       In distributed energy resources, there are decreases of 
     $500,000 for industrial gas turbines, $1,000,000 for 
     reciprocating engines (with the understanding that Argonne 
     National Laboratory will provide technical support for this 
     program), and $2,000,000 for advanced materials and sensors 
     and an increase of $1,000,000 in distributed energy systems 
     applications integration for the National Accounts Energy 
     Alliance. The oil heat research program has been moved to the 
     building technologies activity.
       In building technologies, there are increases of $500,000 
     for oil heat research for residential buildings, $1,250,000 
     in emerging technologies for lighting research and 
     development, and $500,000 in equipment and analysis for 
     appliance standards and decreases in emerging technologies of 
     $350,000 for space conditioning and refrigeration and 
     $250,000 for appliances and emerging technology research and 
     development.
       In industrial technologies there are decreases of 
     $2,500,000 for the black liquor gasification program and 
     $1,000,000 for industrial assessment centers.
       In biomass and biorefinery systems, there is an increase of 
     $7,600,000 to restore partially the base budget. The 
     Department should keep the House and Senate Committees on 
     Appropriations advised on how these funds will be used and 
     should ensure that these programs have a direct relationship 
     to programs historically funded in the Interior bill and are 
     clearly distinct from biomass programs funded in the Energy 
     and Water bill.
       In program management, there is a decrease of $5,000,000 
     for the energy efficiency science initiative and an increase 
     of $900,000 for management of the distributed energy 
     resources program, including additional staffing and program 
     management support through the National Energy Technology 
     Laboratory.
       Finally, there is an increase of $15,000,000 because the 
     managers have not agreed to the general decrease adopted in 
     House floor action.
       Bill Language.--The conference agreement earmarks 
     $274,500,000 for energy conservation grant programs instead 
     of $285,000,000 as proposed by the House and $274,000,000 as 
     proposed by the Senate. The conference agreement earmarks 
     $230,000,000 for weatherization assistance as proposed by the 
     Senate instead of $240,000,000 as proposed by the House. The 
     conference agreement earmarks $44,500,000 for State energy 
     programs instead of $45,000,000 as proposed by the House and 
     $44,000,000 as proposed by the Senate.
       The managers agree to the following:
       1. The budget justification for fiscal year 2005 should 
     include a program specific table like the one provided 
     separately to the House and Senate Committees on 
     Appropriations for fiscal year 2004. The Department should 
     also clearly indicate, in the budget justification for the 
     program management account, the amount of management funds 
     and staffing for each program area. The official budget 
     detail table should contain stub entries for sub-activities 
     within each program area. The Department should consult with 
     the House and Senate Committees on Appropriations on the 
     Congressional budget justification presentation for fiscal 
     year 2005 as soon as possible but no later than November 25, 
     2003.
       2. The managers support the goals of the national climate 
     change technology initiative--reducing greenhouse gas 
     emissions and sequestering greenhouse gases--and encourage 
     the Department to propose funding in future budgets within 
     the context of existing programs in energy conservation and 
     fossil energy research and development.
       3. The funds available for health impacts research in the 
     vehicle technologies program should be used to continue 
     existing projects.
       4. Of the funds provided for waste heat recovery research, 
     $500,000 is to continue the base program and $2,000,000 is 
     for engine turbocharger research.
       5. Within the amount provided in vehicle technologies for 
     materials research, the Department should continue work on 
     metal matrix composites and should work on predictive 
     engineering for lightweight materials.
       6. With the increased funds provided above the budget 
     request for medium duty trucks in the non-petroleum fuels and 
     lubes program, the managers understand that the Department 
     will partner with industry to design/engineer at least two 
     additional medium duty vehicle platforms with fully 
     integrated natural gas engine and fuel systems to serve 
     critical market niche applications; improve understanding and 
     acceptance of natural gas vehicle technologies among fire, 
     safety, and code officials; and conduct on-road evaluations 
     of natural gas vehicles to determine their performance and 
     identify technology development needs.
       7. With the increased funds provided above the budget 
     request for heavy duty trucks in the non-petroleum fuels and 
     lubes program, the managers understand that the Department 
     will develop heavy duty engines to operate on natural gas 
     feedstock fuels used as either neat fuels or as blend stocks 
     with conventional diesel fuels; develop engine and vehicle 
     systems that use liquefied natural gas for optimal use in 
     class eight trucks; and conduct on-road evaluations of 
     liquefied natural gas vehicles to determine their performance 
     and identify technology development needs.
       8. With the increased funds provided above the budget 
     request for fueling infrastructure in the non-petroleum fuels 
     and lubes program, the managers understand that the 
     Department will conduct research on a fueling station that 
     could dispense compressed natural gas, liquefied natural gas, 
     and compressed hydrogen; obtain exhaust samples and complete 
     emissions characterization of emissions from natural gas 
     vehicles using various after-treatment devices and ascertain 
     the toxicity of resulting emissions; and complete development 
     of particulate measurement technologies capable of obtaining 
     and characterizing nanometer-scale samples.
       9. The amount provided for lighting research includes 
     $7,750,000 for the solid-state lighting program (also known 
     as the next generation lighting initiative).
       10. Funding for the National Fenestration Rating Council 
     should continue at the same level as in fiscal year 2003.
       11. Not less than $1,000,000 in the distributed energy 
     systems applications integration program shall be used for 
     the National Accounts Energy Alliance. The Department should 
     complete its existing contracts; keep the funds provided in 
     fiscal year 2004 in the base budget for future years; and add 
     new projects as the current ones are completed.
       12. Within the funds provided for the black liquor 
     gasification program, research should continue on the low 
     temperature Kraft process.
       13. The managers are aware that under current law the 
     Secretary of Energy can qualify additional energy 
     conservation devices for grants under the weatherization 
     assistance program. The Senate bill included a provision to 
     make electrothermal storage technology explicitly eligible 
     for funds provided under this program. The managers expect 
     the Secretary to consider including electrothermal storage 
     technology as an eligible energy conserving device.
       14. There is no funding provided in fiscal year 2004 for 
     the energy efficiency science initiative.
       15. The managers encourage the use of the National Energy 
     Technology Laboratory for energy conservation program 
     management support. However, to the maximum extent possible, 
     funds for NETL support should come from the program 
     management activity. The managers agreed, in approving the 
     energy efficiency and renewable energy reorganization, to 
     transfer program management funds from individual programs to 
     a single account. Programs should not be asked to pay 
     additional management costs for NETL. Those costs should 
     already be factored into the program management activity. If 
     sufficient funds are not available in the program management 
     activity, a reprogramming should immediately be submitted to 
     the House and Senate Committees on Appropriations clearly 
     explaining why additional funds are needed and fully 
     justifying any use of program funds for management. Under no 
     circumstances should funds provided in the Interior bill for 
     program management be used to support programs funded in the 
     Energy and Water bill.
       The managers agree that the $3,000,000 provided for 
     cooperative programs on technology transfer from National 
     Laboratories with the Education and Research Consortium of 
     the Western Carolinas is for technology maturation research 
     to improve the cost-performance of technologies including 
     late-stage engineering and high performance computing 
     support, when appropriate, as well as database development 
     and data mining and monitored field evaluations of novel 
     technologies.
       The DOE National Laboratories have developed numerous new 
     energy conservation technologies that have the potential to 
     reduce the energy required to heat and cool buildings in 
     southeastern climates. Their micro sensors, controls, and 
     wireless communications inventions can significantly improve 
     the energy efficiency and economic competitiveness of 
     industrial processes such as the pulping and drying of forest 
     products. The National Laboratories also have developed fuel 
     cell devices and engine emission control systems that have 
     significant commercial appeal, can improve air quality, and 
     can strengthen the energy security of the nation. A concerted 
     technology transfer effort will help translate these and 
     other National Laboratory-developed technology concepts into 
     marketable products that have significant potential for 
     reducing both energy usage and energy costs.


                          ECONOMIC REGULATION

       The conference agreement provides $1,047,000 for economic 
     regulation as proposed by both the House and the Senate.

[[Page H9938]]

                      STRATEGIC PETROLEUM RESERVE

       The conference agreement provides $173,081,000 for the 
     strategic petroleum reserve as proposed by the Senate instead 
     of $175,081,000 as proposed by the House. The decrease to the 
     House proposed level is for storage facilities development 
     and operations.
       The conference agreement does not include bill language 
     proposed by the Senate requiring the Department to develop 
     procedures to obtain oil for the SPR that maximize domestic 
     supply of crude oil and minimize the cost to the Department 
     of the Interior and the Department of Energy. The House had 
     no similar provision.


                   NORTHEAST HOME HEATING OIL RESERVE

       The conference agreement provides $5,000,000 for the 
     northeast home heating oil reserve as proposed by both the 
     House and the Senate. The managers agree that the Department 
     should report to the House and Senate Committees on 
     Appropriations on the circumstances under which the reserve 
     will be used. The report should be submitted no later than 
     December 1, 2003, and should provide various scenarios and 
     the underlying assumptions for each of those scenarios.


                   ENERGY INFORMATION ADMINISTRATION

       The conference agreement provides $82,111,000 for the 
     energy information administration as proposed by the House 
     instead of $80,111,000 as proposed by the Senate.

                Department of Health and Human Services

                         Indian Health Service


                         INDIAN HEALTH SERVICES

       The conference agreement provides $2,561,932,000 for Indian 
     health services instead of $2,556,082,000 as proposed by the 
     House and $2,546,524,000 as proposed by the Senate. The 
     numerical changes described below are to the House 
     recommended level.
       In hospital and clinic programs there are increases of 
     $850,000 for a mobile women's health unit in the Aberdeen 
     area and $500,000 for staffing and operations at the King 
     Cove, AK clinic and a decrease of $2,500,000 for the Indian 
     health care improvement fund. In contract health care, there 
     is an increase of $7,000,000.
       Bill Language.--The conference agreement earmarks 
     $467,046,000 for contract medical care instead of 
     $460,046,000 as proposed by the House and $472,022,000 as 
     proposed by the Senate. The conference agreement earmarks 
     $270,734,000 for contract support costs as proposed by the 
     House instead of $268,974,000 as proposed by the Senate.
       Statutory language is included modifying the Senate-
     proposed distribution and use of $15,000,000 for alcohol 
     control, enforcement, prevention, treatment, sobriety and 
     wellness education in Alaska. The House had no similar 
     provision. The managers expect the Service to submit a 
     progress report no later than January 15, 2004, detailing how 
     these funds have been used and the accomplishments that have 
     been achieved in each prior year.
       The managers agree to the following:
       1. The funds provided for a mobile women's health unit in 
     the Aberdeen area supplement a project begun with a grant 
     from a private foundation. The unit will service the entire 
     Aberdeen area, but will be based initially in North Dakota. 
     The managers understand that no more than $50,000 will need 
     to remain in the base budget for fiscal year 2005 for start-
     up costs. Afterwards the program should be self-sustaining.
       2. Any costs paid by the Indian Health Service to any 
     entity within the Department of Health and Human Services 
     should be fully justified and explained in the budget request 
     or justified through the reprogramming process. The Service 
     should not be required to ``absorb'' any increases in such 
     costs.
       3. The managers are extremely concerned about FTE 
     reductions imposed on the Service. This issue is addressed in 
     more detail under administrative provisions.
       4. The managers are pleased by the Department's recent 
     decision to exempt the Service from the human resources 
     consolidation effort. The House and Senate Committees on 
     Appropriations should be kept fully informed of any 
     consolidation efforts in HHS that affect the Service.


                        INDIAN HEALTH FACILITIES

       The conference agreement provides $396,232,000 for Indian 
     health facilities instead of $392,560,000 as proposed by the 
     House and $391,188,000 as proposed by the Senate. The change 
     to the House recommended level is an increase in hospital and 
     clinic construction of $3,672,000 for a regional youth 
     treatment center in Wadsworth, NV. Use of these funds is 
     contingent on continued agreement among the tribes in the 
     area.
       The managers agree to the following distribution of 
     hospital and clinic construction funds:

        Project                                                  Amount
Pinon, AZ clinic (complete construction)....................$19,577,000
Red Mesa, AZ clinic (ongoing construction)...................30,000,000
St. Paul, AK clinic (complete construction)...................6,520,000
Metlakatla, AK clinic (complete construction).................9,205,000
Sisseton, SD clinic (ongoing construction)...................17,960,000
Eagle Butte, SD clinic (design)...............................2,800,000
Bethel, AK staff quarters (complete construction).............5,000,000
Dental units (ongoing program)................................1,000,000
Regional Youth Treatment Center, Wadsworth, NV (full cost)....3,672,000
                                                       ________________
                                                       
    Total....................................................95,734,000

       The managers agree that if mammography equipment is a high 
     priority for the Alaska Tribal Health Consortium and for the 
     Alaska area, it should be funded within the area's allocation 
     provided for equipment.
       Bill Language.--The conference agreement earmarks a maximum 
     of $1,000,000 from the services and facilities accounts for 
     ambulances purchased from the General Services Administration 
     as proposed by the Senate instead of $500,000 from the 
     facilities account only as proposed by the House.


            ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

       The conference agreement modifies a provision proposed by 
     the Senate prohibiting the use of funds for HHS-wide 
     consolidation efforts and for associated assessments and 
     charges. The modification drops the reference to 
     consolidation efforts but prohibits the use of funds for HHS 
     assessments or charges that are not specifically identified 
     in the budget request and provided in this Act, or justified 
     through the reprogramming process. The provision also 
     includes a restriction on FTE reductions similar to that 
     carried in past years. The FTE limitation would prohibit the 
     reduction of FTEs in the Service below the fiscal year 2002 
     level adjusted upward for staffing required for new and 
     expanded facilities, additional staffing requirements funded 
     for the Lawton, OK hospital in fiscal years 2003 and 2004, 
     critical positions not filled in fiscal year 2002, and 
     staffing necessary to carry out the intent of Congress with 
     regard to program increases.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation


                         SALARIES AND EXPENSES

       The conference agreement provides $13,532,000 for salaries 
     and expenses of the Office of Navajo and Hopi Indian 
     Relocation as proposed by both the House and the Senate.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        PAYMENT TO THE INSTITUTE

       The conference agreement provides $6,250,000 for payment to 
     the institute as proposed by the Senate instead of $5,250,000 
     as proposed by the House.
       The change to the House is an increase of $1,000,000 in 
     matching funds that will allow the Institute to begin 
     construction of its new learning center.

                        Smithsonian Institution


                         SALARIES AND EXPENSES

       The conference agreement provides $494,748,000 for salaries 
     and expenses of the Smithsonian Institution, instead of 
     $489,748,000 as proposed by the House and $487,989,000 and 
     proposed by the Senate. The increase of $5,000,000 to the 
     House level is provided to offset in part the general 
     reduction of $12,349,000 to this account that was included in 
     the fiscal year 2004 budget justification.


                           FACILITIES CAPITAL

       The conference agreement provides $108,970,000 for the 
     Facilities Capital account, instead of $93,970,000 as 
     proposed by the House and $89,970,000 as proposed by the 
     Senate. The increase of $15,000,000 to the House funding 
     level is provided to further assist the National Zoo with its 
     repair and rehabilitation efforts.


           ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

       The conference agreement does not include the voluntary 
     separation incentive provision contained in the House-passed 
     bill because such authority has been provided to the 
     Smithsonian Institution through other legislation. The Senate 
     bill contained no such provision.

                        National Gallery of Art


                         SALARIES AND EXPENSES

       The conference agreement provides $87,849,000 for salaries 
     and expenses of the National Gallery of Art instead of 
     $88,849,000 as proposed by the House and $85,650,000 as 
     proposed by the Senate. The change to the House proposed 
     level is a decrease of $1,000,000 for operation and 
     maintenance of buildings and grounds.


            REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

       The conference agreement provides $11,600,000 for repair, 
     restoration and renovation of buildings as proposed by both 
     the House and the Senate.

             John F. Kennedy Center for the Performing Arts


                       OPERATIONS AND MAINTENANCE

       The conference agreement provides $16,560,000 for 
     operations and maintenance of the Kennedy Center as proposed 
     by both the House and the Senate.


                              CONSTRUCTION

       The conference agreement provides $16,000,000 for 
     construction as proposed by both the House and the Senate.

            Woodrow Wilson International Center for Scholars


                         SALARIES AND EXPENSES

       The conference agreement provides $8,604,000 for salaries 
     and expenses of the

[[Page H9939]]

     Woodrow Wilson International Center for Scholars as proposed 
     by both the House and the Senate.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       GRANTS AND ADMINISTRATION

       The conference agreement provides $122,480,000 for grants 
     and administration of the National Endowment for the Arts 
     instead of $127,480,000 as proposed by the House and 
     $117,480,000 as proposed by the Senate. Decreases to the 
     House level include $3,000,000 from the Challenge America 
     grants base program and $2,000,000 from Challenge America 
     State partnerships.

                 National Endowment for the Humanities


                       GRANTS AND ADMINISTRATION

       The conference agreement provides $120,878,000 for grants 
     and administration of the National Endowment for the 
     Humanities, instead of $125,878,000 as proposed by both the 
     House and the Senate. Decreases to the House level include 
     $4,000,000 from the ``We the People'' grants initiative and 
     $1,000,000 from estimated administrative costs associated 
     specifically with that program. When combined with amounts 
     provided within the Matching Grants account that follows, the 
     total appropriation for the NEH for fiscal year 2004 is 
     $137,000,000, an increase of $12,064,000 above the current 
     year enacted level.
       The conference agreement includes an amount of $10,000,000 
     in new funding to support the Administration's ``We the 
     People'' American history and civics initiative. Both 
     Congress and the Administration have demonstrated strong 
     interest in expanding the monies intended specifically for 
     grants in this area. Legislation currently pending in the 
     Congress may complement and extend the reach of the ``We the 
     People'' grants proposal put forward by the Administration in 
     its fiscal year 2004 budget justification. Should the 
     authorization bill now under consideration be enacted into 
     law, the managers expect that this will be reflected in 
     future budget requests. The NEH should, however, not wait on 
     potential future action before allocating available funds for 
     the initiative as originally proposed. Further, the managers 
     are aware that throughout the past year, State humanities 
     councils have dedicated considerable time and effort to 
     crafting program proposals for the ``We the People'' 
     initiative that would be implemented at the local and 
     regional levels. The managers expect that as funds are 
     allocated to the various programmatic areas participating in 
     the American history initiative, state humanities councils 
     will be represented appropriately.
       An overall administrative increase of $1,374,000 has been 
     included in the budget that will allow the NEH to meet the 
     escalating costs associated with pay, benefits, rent and the 
     like. However, the managers do not agree to the establishment 
     of a separate office with its own funding line dedicated to 
     the administration of the ``We the People'' initiative. These 
     activities should be incorporated and managed through the 
     existing programmatic and administrative structure of the 
     NEH.


                            MATCHING GRANTS

       The conference agreement provides $16,122,000 for matching 
     grants as proposed by the House and the Senate.

                        Commission of Fine Arts


                         SALARIES AND EXPENSES

       The conference agreement provides $1, 422,000 for salaries 
     and expenses of the Commission of Fine Arts as proposed by 
     the House and the Senate.

               National Capital Arts and Cultural Affairs

       The conference agreement provides $7,000,000 for national 
     capital arts and cultural affairs as proposed by the House 
     instead of $6,000,000 as proposed by the Senate. The 
     agreement does not include the bill language proposed by the 
     House and enacted in fiscal year 2003 concerning alterations 
     to the budget structure of this account.

               Advisory Council on Historic Preservation


                         salaries and expenses

       The conference agreement provides $4,000,000 for salaries 
     and expenses of the Advisory Council on Historic Preservation 
     as proposed by the Senate instead of $4,100,000 as proposed 
     by the House.

                  National Capital Planning Commission


                         salaries and expenses

       The conference agreement provides $7,730,000 for salaries 
     and expenses of the National Capital Planning Commission as 
     proposed by the House instead of $8,030,000 as proposed by 
     the Senate. The managers direct that no funding be used for 
     the railroad relocation study. The NCPC should not initiate 
     such security planning efforts without clear direction from 
     Federal security agencies and approval by the House and 
     Senate Committees on Appropriations.

                United States Holocaust Memorial Museum


                       holocaust memorial museum

       The conference agreement provides $39,997,000 for the 
     Holocaust Memorial Museum as proposed by the House and the 
     Senate.

                             Presidio Trust


                          presidio trust fund

       The conference agreement provides $20,700,000 for the 
     Presidio Trust Fund as proposed by both the House and the 
     Senate.

                     TITLE III--GENERAL PROVISIONS

       The conference agreement includes sections 301-304, 307, 
     309-317, and 319-321which were identical in both the House 
     and Senate bills.
       The conference agreement includes the text of the following 
     sections in the House bill, which contained identical text in 
     the Senate bill, but had different section numbers in the 
     Senate bill. The House section numbers were 326, 327, and 
     329.
       Section 305--The conference agreement retains Senate 
     section 305 continuing a provision restricting departmental 
     assessments unless approved by the Committees on 
     Appropriations. The House had a similar provision.
       Section 306--The conference agreement retains Senate 
     section 306 continuing a provision limiting the actions of 
     the Forest Service and the Bureau of Land Management with 
     regard to the sale of giant sequoia trees. The House had a 
     similar provision.
       Section 308--The conference agreement retains House section 
     308 dealing with contract support costs in the Bureau of 
     Indian Affairs and the Indian Health Service.
       Section 318--The conference agreement retains House section 
     318 continuing a provision regulating the export of Western 
     Red Cedar from the national forest system in Alaska. The 
     Senate had a similar provision.
       Section 322--The conference agreement retains House section 
     322 extending the Forest Service Conveyances Pilot Program.
       Section 323--The conference agreement retains Senate 
     section 322 continuing for one year a provision providing 
     authority for the staff of Congressionally established 
     foundations to use GSA contract air and hotel rates. The 
     House proposed to make this provision permanent.
       Section 324--The conference agreement retains Senate 
     section 323 providing the Secretary of Agriculture and the 
     Secretary of the Interior the authority to enter into 
     reciprocal agreements with foreign nations concerning the 
     personal liability of firefighters. The House had a similar 
     provision.
       Section 325--The conference agreement modifies Senate 
     section 324 continuing a provision dealing with processing 
     expired grazing permits by the Bureau of Land Management and 
     the Forest Service. The House had a similar provision.
       Section 328--The conference agreement retains House section 
     328 continuing a legislative provision limiting funds for oil 
     or gas leasing or permitting on the Finger Lakes National 
     Forest, NY.
       The conference agreement does not include Senate section 
     329 allowing for a local exemption from the Forest Service 
     fee demonstration program.
       Section 330--The conference agreement retains Senate 
     section 328 continuing a provision authorizing the Secretary 
     of the Interior and the Secretary of Agriculture to give 
     consideration to rural communities and non-profit groups for 
     hazardous fuels reduction contracts. The House had a similar 
     provision.
       Section 333--The conference agreement retains Senate 
     section 330 modifying the Gallatin Land Consolidation Act of 
     1998.
       Section 331--The conference agreement retains House section 
     331 limiting the use of funds for filing declarations of 
     takings or condemnations. This provision does not apply to 
     the Everglades National Park Protection and Environmental 
     Act.
       Section 336--The conference agreement modifies Senate 
     section 331 allowing the Secretary of Agriculture to convey 
     land acquired under the Forest Legacy program; the new 
     provision applies only to the State of Vermont, and if the 
     conveyed lands or interests in lands are ever sold in the 
     future by the State of Vermont, the State must reimburse the 
     Secretary of Agriculture and this funding would be credited 
     to the Forest Service wildfire management account.
       Section 332--The conference agreement modifies House 
     section 332 to extend the Recreation Fee Demonstration 
     Program for 15 months instead of a two-year extension as 
     proposed by the House.
       Section 337--The conference agreement retains Senate 
     section 332 amending the Lake Tahoe Restoration Act to modify 
     cost sharing requirements.
       Section 334--The conference agreement retains House section 
     333 making permanent existing procurement authorities for the 
     Land Between the Lakes NRA, KY and TN.
       Section 338--The conference agreement retains Senate 
     section 333 concerning legal challenges to timber sales on 
     the Tongass National Forest.
       Section 335--The conference agreement retains House section 
     334 amending and extending the pilot program for the harvest 
     of botanical products on Forest Service lands.
       Section 339--The conference agreement modifies Senate 
     section 334 concerning cancellation of certain timber sale 
     contracts in Alaska by removing the first clause, and by 
     adding language so that the authority to terminate a contract 
     under this section shall apply to a maximum number of 70 
     timber sale contracts on the Tongass national forest awarded 
     between October 1, 1995 and January 1, 2002; and the 
     Secretary of Agriculture must determine that the cost to the 
     government of seeking a legal remedy against a purchaser 
     would likely exceed the cost of terminating the contract.
       Section 340--The conference agreement modifies House 
     section 335 requiring full accounting of the funding 
     requirements of

[[Page H9940]]

     competitive sourcing studies and limiting the use of funds 
     for competitive sourcing studies under certain situations.
       The managers have modified the House language to require 
     that funding levels for competitive sourcing studies be 
     displayed in annual budget justifications for the programs 
     funded in this bill for the Department of the Interior, the 
     Department of Energy, and the Forest Service. This section 
     also requires these agencies to provide detailed reporting on 
     the results of past competitive sourcing studies by December 
     31, 2003. In addition, for fiscal year 2004, these agencies 
     and programs are required to submit to the House and Senate 
     Committees on Appropriations, within 60 days of enactment of 
     this Act, a detailed program of work for competitive sourcing 
     activities planned for fiscal year 2004.
       The total amounts that may be spent by the Department of 
     the Interior and the Department of Energy for competitive 
     sourcing activities initiated or continued in fiscal year 
     2004, without obtaining approval through the reprogramming 
     process, are $2,500,000 and $500,000, respectively. If 
     additional funds are required over and above these amounts, 
     the Department of the Interior and the Department of Energy 
     should follow established reprogramming guidelines. The 
     Forest Service may, on the other hand, spend a maximum of 
     $5,000,000 on competitive sourcing activities initiated or 
     continued in fiscal year 2004.
       Each competitive sourcing study involving more than ten 
     Federal employees must be based on a most cost efficient and 
     cost effective organization plan and the contracted function 
     must be less costly to the government by ten percent or 
     $10,000,000. Certain types of procurements and businesses 
     involving non-profit handicap organizations, Indian tribes, 
     and Hawaiian natives are exempt from the most effective and 
     cost efficient organization plan requirement and the ten 
     percent or $10,000,000 threshold.
       The conference agreement does not include Senate section 
     335 permitting use of previously appropriated funds and other 
     funds for acquisition of land in the Blueberry Lake area in 
     Green Mountain NF, Vermont.
       The conference agreement does not include House section 336 
     limiting the use of funds for implementing competitive 
     sourcing studies at Archeological Centers in Nebraska and 
     Florida. This issue is addressed in General Provisions, 
     Department of the Interior at the end of Title I.
       The conference agreement does not include Senate section 
     336 dealing with electrothermal storage technology. This 
     issue is addressed under the energy conservation account.
       The conference agreement does not include House section 337 
     limiting funds to implement amendments to Bureau of Land 
     Management regulations on recordable Disclaimers of Interest.
       The conference agreement does not include Senate section 
     337 establishing a Zortman/Landusky mine reclamation trust 
     fund with annual deposits from the Treasury of $2,250,000.
       Sections 341 and 342--The conference agreement modifies 
     Senate section 338 amending the Southern Nevada Public Land 
     Management Act, and includes an additional amendment to the 
     same Act regarding land exchanges.
       The conference agreement does not include Senate section 
     339 authorizing the acquisition of land by donation in Nye 
     County, NV, for administrative and visitor facilities for 
     Death Valley NP.
       The conference agreement modifies Senate section 341 
     dealing with the conveyance of lands to Las Vegas, NV. This 
     issue is also addressed in General Provisions, Department of 
     the Interior at the end of Title I.
       The conference agreement does not include Senate section 
     342 requiring a report detailing the scenarios under which 
     the Northeast Home Heating Oil Reserve will be drawn down.
       The conference agreement retains Senate section 343 
     amending a previous act regarding a boundary revision at 
     Congaree Swamp NM, SC. This issue is addressed in General 
     Provisions, Department of the Interior at the end of Title I.
       The conference agreement retains Senate section 344 
     amending the Marine Mammal Protection Act. This issue is 
     addressed in General Provisions, Department of the Interior 
     at the end of Title I.
       The conference agreement does not include Senate section 
     345 exempting business size restrictions for rural business 
     enterprise grants for Oakridge, Oregon.
       Section 343--The conference agreement includes language 
     requiring Departmental assessments to be displayed in the 
     budget justification and requiring approval of the Committees 
     on Appropriations for any changes to the assessments.
       The conference agreement does not include a separate Title 
     IV dealing with wildland fire emergency appropriations as 
     proposed by the Senate. However, $99,000,000 in emergency 
     fire funds for repayment of monies borrowed from other 
     accounts is included in the Bureau of Land Management, 
     Wildland Fire Management account. An additional $301,000,000 
     for a similar purpose is included in the Forest Service 
     Wildland Fire Management account. These amounts were 
     requested by the Administration.
       Section 344--The conference agreement includes an across 
     the board reduction of 0.646 percent. This reduction should 
     be applied to each program, project, and activity.

   TITLE IV--FLATHEAD AND KOOTENAI NATIONAL FOREST REHABILITATION ACT

       The conference agreement contains, with minor 
     modifications, the text of the Flathead and Kootenai National 
     Forest Rehabilitation Act as proposed by the Senate. This 
     legislation provides authority for the Forest Service to 
     expedite implementation of restoration projects on these 
     national forests.

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[[Page H9959]]

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2004 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2003 amount, the 2004 
     budget estimates, and the House and Senate bills for 2004 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2003.......$20,111,481
Budget estimates of new (obligational) authority, fiscal year19,890,979
House bill, fiscal year 2004.................................19,601,125
Senate bill, fiscal year 2004................................20,012,291
Conference agreement, fiscal year 2004 \1\...................20,171,163
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2003.........+59,682
  Budget estimates of new (obligational) authority, fiscal year+280,184
  House bill, fiscal year 2004.................................+570,038
  Senate bill, fiscal year 2004................................+158,872

\1\ Conference agreement excludes 0.646% across-the-board cut.

     Charles H. Taylor,
     Bill Young,
     Ralph Regula,
     Jim Kolbe,
     George R. Nethercutt, Jr.,
     Zach Wamp,
     John E. Peterson,
     Don Sherwood,
     Ander Crenshaw,
     Norman D. Dicks,
     John P. Murtha,
     James P. Moran,
     John W. Olver,
                                Managers on the Part of the House.

     Conrad Burns,
     Ted Stevens,
     Thad Cochran,
     Pete Domenici,
     Robert F. Bennett,
     Judd GreggNew Jersey,
     Ben Nighthorse Campbell,
     Sam Brownback,
     Byron L. Dorgan,
     Robert C. Byrd,
     Patrick J. Leahy,
     Ernest Hollings,
     Harry Reid,
     Dianne Feinstein,
     Barbara A. Mikulski,
     Managers on the Part of the Senate.

                          ____________________