[Congressional Record (Bound Edition), Volume 147 (2001), Part 9]
[Senate]
[Pages 12857-12876]
[From the U.S. Government Publishing Office, www.gpo.gov]



  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2002

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will begin consideration of H.R. 2217, which the clerk will 
report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2217) making appropriations for the Department 
     of the Interior and related agencies for the fiscal year 
     ending September 30th, 2002, and for other purposes.

  The Senate proceeded to consider the bill which had been reported 
from the Committee on Appropriations, with an amendment to strike all 
after the enacting clause and inserting in lieu thereof the following:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Department 
     of the Interior and related agencies for the fiscal year 
     ending September 30, 2002, and for other purposes, namely:

[[Page 12858]]



                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources

       For expenses necessary for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their resources under the jurisdiction of the Bureau of 
     Land Management, including the general administration of the 
     Bureau, and assessment of mineral potential of public lands 
     pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
     $775,962,000, to remain available until expended, of which 
     $1,000,000 is for high priority projects which shall be 
     carried out by the Youth Conservation Corps, defined in 
     section 250(c)(4)(E)(xii) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, for the 
     purposes of such Act; of which $4,000,000 shall be available 
     for assessment of the mineral potential of public lands in 
     Alaska pursuant to section 1010 of Public Law 96-487 (16 
     U.S.C. 3150); and of which not to exceed $1,000,000 shall be 
     derived from the special receipt account established by the 
     Land and Water Conservation Act of 1965, as amended (16 
     U.S.C. 460l-6a(i)); and of which $3,000,000 shall be 
     available in fiscal year 2002 subject to a match by at least 
     an equal amount by the National Fish and Wildlife Foundation, 
     to such Foundation for cost-shared projects supporting 
     conservation of Bureau lands and such funds shall be advanced 
     to the Foundation as a lump sum grant without regard to when 
     expenses are incurred; in addition, $32,298,000 for Mining 
     Law Administration program operations, including the cost of 
     administering the mining claim fee program; to remain 
     available until expended, to be reduced by amounts collected 
     by the Bureau and credited to this appropriation from annual 
     mining claim fees so as to result in a final appropriation 
     estimated at not more than $775,962,000, and $2,000,000, to 
     remain available until expended, from communication site 
     rental fees established by the Bureau for the cost of 
     administering communication site activities: Provided, That 
     appropriations herein made shall not be available for the 
     destruction of healthy, unadopted, wild horses and burros in 
     the care of the Bureau or its contractors: Provided further, 
     That of the amount provided, $28,000,000 is for the 
     conservation activities defined in section 250(c)(4)(E) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, for the purposes of such Act: Provided 
     further, That balances in the Federal Infrastructure 
     Improvement account shall be transferred to and merged with 
     this appropriation, and shall remain available until 
     expended.


                        wildland fire management

       For necessary expenses for fire preparedness, suppression 
     operations, fire science and research, emergency 
     rehabilitation, hazardous fuels reduction, and rural fire 
     assistance by the Department of the Interior, $589,421,000, 
     to remain available until expended, of which not to exceed 
     $19,774,000 shall be for the renovation or construction of 
     fire facilities: Provided, That such funds are also available 
     for repayment of advances to other appropriation accounts 
     from which funds were previously transferred for such 
     purposes: Provided further, That unobligated balances of 
     amounts previously appropriated to the ``Fire Protection'' 
     and ``Emergency Department of the Interior Firefighting 
     Fund'' may be transferred and merged with this appropriation: 
     Provided further, That persons hired pursuant to 43 U.S.C. 
     1469 may be furnished subsistence and lodging without cost 
     from funds available from this appropriation: Provided 
     further, That notwithstanding 42 U.S.C. 1856d, sums received 
     by a bureau or office of the Department of the Interior for 
     fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
     protection of United States property, may be credited to the 
     appropriation from which funds were expended to provide that 
     protection, and are available without fiscal year limitation: 
     Provided further, That using the amounts designated under 
     this title of this Act, the Secretary of the Interior may 
     enter into procurement contracts, grants, or cooperative 
     agreements, for hazardous fuels reduction activities, and for 
     training and monitoring associated with such hazardous fuels 
     reduction activities, on Federal land, or on adjacent non-
     Federal land for activities that benefit resources on Federal 
     land: Provided further, That the costs of implementing any 
     cooperative agreement between the Federal government and any 
     non-Federal entity may be shared, as mutually agreed on by 
     the affected parties: Provided further, That in entering into 
     such grants or cooperative agreements, the Secretary may 
     consider the enhancement of local and small business 
     employment opportunities for rural communities, and that in 
     entering into procurement contracts under this section on a 
     best value basis, the Secretary may take into account the 
     ability of an entity to enhance local and small business 
     employment opportunities in rural communities, and that the 
     Secretary may award procurement contracts, grants, or 
     cooperative agreements under this section to entities that 
     include local non-profit entities, Youth Conservation Corps 
     or related partnerships, or small or disadvantaged 
     businesses: Provided further, That funds appropriated under 
     this head may be used to reimburse the United States Fish and 
     Wildlife Service and the National Marine Fisheries Service 
     for the costs of carrying out their responsibilities under 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
     to consult and conference, as required by section 7 of such 
     Act in connection with wildland fire management activities.
       For an additional amount to cover necessary expenses for 
     burned areas rehabilitation and fire suppression by the 
     Department of the Interior, $70,000,000, to remain available 
     until expended, of which $50,000,000 is for wildfire 
     suppression and $20,000,000 is for burned areas 
     rehabilitation: Provided, That the entire amount appropriated 
     in this paragraph is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That these funds shall be 
     available only to the extent an official budget request for a 
     specific dollar amount, that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.


                    central hazardous materials fund

       For necessary expenses of the Department of the Interior 
     and any of its component offices and bureaus for the remedial 
     action, including associated activities, of hazardous waste 
     substances, pollutants, or contaminants pursuant to the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act, as amended (42 U.S.C. 9601 et seq.), 
     $9,978,000, to remain available until expended: Provided, 
     That notwithstanding 31 U.S.C. 3302, sums recovered from or 
     paid by a party in advance of or as reimbursement for 
     remedial action or response activities conducted by the 
     Department pursuant to section 107 or 113(f) of such Act, 
     shall be credited to this account to be available until 
     expended without further appropriation: Provided further, 
     That such sums recovered from or paid by any party are not 
     limited to monetary payments and may include stocks, bonds or 
     other personal or real property, which may be retained, 
     liquidated, or otherwise disposed of by the Secretary and 
     which shall be credited to this account.


                              construction

       For construction of buildings, recreation facilities, 
     roads, trails, and appurtenant facilities, $12,976,000, to 
     remain available until expended.


                       payments in lieu of taxes

       For expenses necessary to implement the Act of October 20, 
     1976, as amended (31 U.S.C. 6901-6907), $220,000,000, of 
     which not to exceed $400,000 shall be available for 
     administrative expenses and of which $50,000,000 is for the 
     conservation activities defined in section 250(c)(4)(E)(xiii) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, for the purposes of such Act: Provided, 
     That no payment shall be made to otherwise eligible units of 
     local government if the computed amount of the payment is 
     less than $100.


                            land acquisition

       For expenses necessary to carry out sections 205, 206, and 
     318(d) of Public Law 94-579, including administrative 
     expenses and acquisition of lands or waters, or interests 
     therein, $45,686,000, to be derived from the Land and Water 
     Conservation Fund, to remain available until expended, and to 
     be for the conservation activities defined in section 
     250(c)(4)(E)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of such 
     Act.


                   oregon and california grant lands

       For expenses necessary for management, protection, and 
     development of resources and for construction, operation, and 
     maintenance of access roads, reforestation, and other 
     improvements on the revested Oregon and California Railroad 
     grant lands, on other Federal lands in the Oregon and 
     California land-grant counties of Oregon, and on adjacent 
     rights-of-way; and acquisition of lands or interests therein 
     including existing connecting roads on or adjacent to such 
     grant lands; $106,061,000, to remain available until 
     expended: Provided, That 25 percent of the aggregate of all 
     receipts during the current fiscal year from the revested 
     Oregon and California Railroad grant lands is hereby made a 
     charge against the Oregon and California land-grant fund and 
     shall be transferred to the General Fund in the Treasury in 
     accordance with the second paragraph of subsection (b) of 
     title II of the Act of August 28, 1937 (50 Stat. 876).


               forest ecosystems health and recovery fund

                   (revolving fund, special account)

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


                           range improvements

       For rehabilitation, protection, and acquisition of lands 
     and interests therein, and improvement of Federal rangelands 
     pursuant to section 401 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701), notwithstanding any 
     other Act, sums equal to 50 percent of all moneys received 
     during the prior fiscal year under sections 3 and 15 of the 
     Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
     designated for range improvements from grazing fees and

[[Page 12859]]

     mineral leasing receipts from Bankhead-Jones lands 
     transferred to the Department of the Interior pursuant to 
     law, but not less than $10,000,000, to remain available until 
     expended: Provided, That not to exceed $600,000 shall be 
     available for administrative expenses.


               service charges, deposits, and forfeitures

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


                       miscellaneous trust funds

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


                       administrative provisions

       Appropriations for the Bureau of Land Management shall be 
     available for purchase, erection, and dismantlement of 
     temporary structures, and alteration and maintenance of 
     necessary buildings and appurtenant facilities to which the 
     United States has title; up to $100,000 for payments, at the 
     discretion of the Secretary, for information or evidence 
     concerning violations of laws administered by the Bureau; 
     miscellaneous and emergency expenses of enforcement 
     activities authorized or approved by the Secretary and to be 
     accounted for solely on her certificate, not to exceed 
     $10,000: Provided, That notwithstanding 44 U.S.C. 501, the 
     Bureau may, under cooperative cost-sharing and partnership 
     arrangements authorized by law, procure printing services 
     from cooperators in connection with jointly produced 
     publications for which the cooperators share the cost of 
     printing either in cash or in services, and the Bureau 
     determines the cooperator is capable of meeting accepted 
     quality standards: Provided further, That section 28f(a) of 
     title 30, United States Code, is amended:
       (1) In section 28f(a), by striking the first sentence and 
     inserting, ``The holder of each unpatented mining claim, 
     mill, or tunnel site, located pursuant to the mining laws of 
     the United States, whether located before, on or after the 
     enactment of this Act, shall pay to the Secretary of the 
     Interior, on or before September 1 of each year for years 
     2002 through 2006, a claim maintenance fee of $100 per claim 
     or site''; and
       (2) In section 28g, by striking ``and before September 30, 
     2001'' and inserting in lieu thereof ``and before September 
     30, 2006''.

                United States Fish and Wildlife Service


                          resource management

       For necessary expenses of the United States Fish and 
     Wildlife Service, for scientific and economic studies, 
     conservation, management, investigations, protection, and 
     utilization of fishery and wildlife resources, except whales, 
     seals, and sea lions, maintenance of the herd of long-horned 
     cattle on the Wichita Mountains Wildlife Refuge, general 
     administration, and for the performance of other authorized 
     functions related to such resources by direct expenditure, 
     contracts, grants, cooperative agreements and reimbursable 
     agreements with public and private entities, $845,714,000, to 
     remain available until September 30, 2003, except as 
     otherwise provided herein, of which $31,000,000 is for 
     conservation activities defined in section 250(c)(4)(E) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, for the purposes of such Act: Provided, 
     That balances in the Federal Infrastructure Improvement 
     account shall be transferred to and merged with this 
     appropriation, and shall remain available until expended: 
     Provided further, That not less than $2,000,000 shall be 
     provided to local governments in southern California for 
     planning associated with the Natural Communities Conservation 
     Planning (NCCP) program and shall remain available until 
     expended: Provided further, That not less than $2,000,000 for 
     high priority projects which shall be carried out by the 
     Youth Conservation Corps, defined in section 
     250(c)(4)(E)(xii) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, for the purposes of 
     such Act: Provided further, That not to exceed $9,000,000 
     shall be used for implementing subsections (a), (b), (c), and 
     (e) of section 4 of the Endangered Species Act, as amended, 
     for species that are indigenous to the United States (except 
     for processing petitions, developing and issuing proposed and 
     final regulations, and taking any other steps to implement 
     actions described in subsection (c)(2)(A), (c)(2)(B)(i), or 
     (c)(2)(B)(ii)): Provided further, That of the amount 
     available for law enforcement, up to $400,000 to remain 
     available until expended, may at the discretion of the 
     Secretary, be used for payment for information, rewards, or 
     evidence concerning violations of laws administered by the 
     Service, and miscellaneous and emergency expenses of 
     enforcement activity, authorized or approved by the Secretary 
     and to be accounted for solely on her certificate: Provided 
     further, That of the amount provided for environmental 
     contaminants, up to $1,000,000 may remain available until 
     expended for contaminant sample analyses.


                              construction

       For construction, improvement, acquisition, or removal of 
     buildings and other facilities required in the conservation, 
     management, investigation, protection, and utilization of 
     fishery and wildlife resources, and the acquisition of lands 
     and interests therein; $55,526,000, to remain available until 
     expended.

                            land acquisition

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of land or waters, or interest therein, in 
     accordance with statutory authority applicable to the United 
     States Fish and Wildlife Service, $108,401,000, to be derived 
     from the Land and Water Conservation Fund, to remain 
     available until expended, and to be for the conservation 
     activities defined in section 250(c)(4)(E)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, for the purposes of such Act.


                      landowner incentive program

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     private conservation efforts to be carried out on private 
     lands, $50,000,000, to be derived from the Land and Water 
     Conservation Fund, to remain available until expended, and to 
     be for conservation spending category activities pursuant to 
     section 251(c) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of 
     discretionary spending limits: Provided, That the amount 
     provided herein is for a Landowner Incentive Program 
     established by the Secretary that provides matching, 
     competitively awarded grants to States, the District of 
     Columbia, Tribes, Puerto Rico, Guam, the United States Virgin 
     Islands, the Northern Mariana Islands, and American Samoa, to 
     establish, or supplement existing, landowner incentive 
     programs that provide technical and financial assistance, 
     including habitat protection and restoration, to private 
     landowners for the protection and management of habitat to 
     benefit federally listed, proposed, or candidate species, or 
     other at-risk species on private lands.


                           stewardship grants

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


            cooperative endangered species conservation fund

       For expenses necessary to carry out section 6 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as 
     amended, $91,000,000, to be derived from the Cooperative 
     Endangered Species Conservation Fund, to remain available 
     until expended, and to be for the conservation activities 
     defined in section 250(c)(4)(E)(v) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, for the 
     purposes of such Act.

                     national wildlife refuge fund

       For expenses necessary to implement the Act of October 17, 
     1978 (16 U.S.C. 715s), $14,414,000.


               north american wetlands conservation fund

       For expenses necessary to carry out the provisions of the 
     North American Wetlands Conservation Act, Public Law 101-233, 
     as amended, $42,000,000, to remain available until expended 
     and to be for the conservation activities defined in section 
     250(c)(4)(E)(vi) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of such 
     Act.


                multinational species conservation fund

       For expenses necessary to carry out the African Elephant 
     Conservation Act (16 U.S.C. 4201- 4203, 4211-4213, 4221-4225, 
     4241-4245, and 1538), the Asian Elephant Conservation Act of 
     1997 (16 U.S.C. 4261-4266), the Rhinoceros and Tiger 
     Conservation Act of 1994 (16 U.S.C. 5301-5306), and the Great 
     Ape Conservation Act of 2000 (16 U.S.C. 6301), $4,000,000, to 
     remain available until expended: Provided, That funds made 
     available under this Act, Public Law 106-291, and Public Law 
     106-554 and hereafter in annual

[[Page 12860]]

     appropriations acts for rhinoceros, tiger, Asian elephant, 
     and great ape conservation programs are exempt from any 
     sanctions imposed against any country under section 102 of 
     the Arms Export Control Act (22 U.S.C. 2799aa-1).


                         state wildlife grants

                         (including rescission)

       For wildlife conservation grants to States and to the 
     District of Columbia, Puerto Rico, Guam, the U.S. Virgin 
     Islands, the Northern Mariana Islands, and American Samoa, 
     under the provisions of the Fish and Wildlife Act of 1956 and 
     the Fish and Wildlife Coordination Act, for the development 
     and implementation of programs for the benefit of wildlife 
     and their habitat, including species that are not hunted or 
     fished, $100,000,000, to be derived from the Land and Water 
     Conservation Fund, to remain available until expended, and to 
     be for the conservation activities defined in section 
     250(c)(4)(E) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of such 
     Act: Provided, That the Secretary shall, after deducting 
     administrative expenses, apportion the amount provided herein 
     in the following manner: (A) to the District of Columbia and 
     to the Commonwealth of Puerto Rico, each a sum equal to not 
     more than one-half of 1 percent thereof: and (B) to Guam, 
     American Samoa, the U.S. Virgin Islands, and the Commonwealth 
     of the Northern Mariana Islands, each a sum equal to not more 
     than one-fourth of 1 percent thereof: Provided further, That 
     the Secretary shall apportion the remaining amount in the 
     following manner: 30 percent based on the ratio to which the 
     land area of such State bears to the total land area of all 
     such States; and 70 percent based on the ratio to which the 
     population of such State bears to the total population of the 
     United States, based on the 2000 U.S. Census; and the amounts 
     so apportioned shall be adjusted equitably so that no State 
     shall be apportioned a sum which is less than one percent of 
     the total amount available for apportionment or more than 10 
     percent: Provided further, That the Federal share of planning 
     grants shall not exceed 75 percent of the total costs of such 
     projects and the Federal share of implementation grants shall 
     not exceed 50 percent of the total costs of such projects: 
     Provided further, That the non-Federal share of such projects 
     may not be derived from Federal grant programs: Provided 
     further, That no State, territory, or other jurisdiction 
     shall receive a grant unless it has developed, or committed 
     to develop by October 1, 2005, a comprehensive wildlife 
     conservation plan, consistent with criteria established by 
     the Secretary of the Interior, that considers the broad range 
     of the State, territory, or other jurisdiction's wildlife and 
     associated habitats, with appropriate priority placed on 
     those species with the greatest conservation need and taking 
     into consideration the relative level of funding available 
     for the conservation of those species: Provided further, That 
     any amount apportioned in 2002 to any State, territory, or 
     other jurisdiction that remains unobligated as of September 
     30, 2003, shall be reapportioned, together with funds 
     appropriated in 2004, in the manner provided herein.
       Of the amounts appropriated in title VIII of Public Law 
     106-291, $49,890,000 for State Wildlife Grants are rescinded.

                       administrative provisions

       Appropriations and funds available to the United States 
     Fish and Wildlife Service shall be available for purchase of 
     not to exceed 74 passenger motor vehicles, of which 69 are 
     for replacement only (including 32 for police-type use); 
     repair of damage to public roads within and adjacent to 
     reservation areas caused by operations of the Service; 
     options for the purchase of land at not to exceed $1 for each 
     option; facilities incident to such public recreational uses 
     on conservation areas as are consistent with their primary 
     purpose; and the maintenance and improvement of aquaria, 
     buildings, and other facilities under the jurisdiction of the 
     Service and to which the United States has title, and which 
     are used pursuant to law in connection with management and 
     investigation of fish and wildlife resources: Provided, That 
     notwithstanding 44 U.S.C. 501, the Service may, under 
     cooperative cost sharing and partnership arrangements 
     authorized by law, procure printing services from cooperators 
     in connection with jointly produced publications for which 
     the cooperators share at least one-half the cost of printing 
     either in cash or services and the Service determines the 
     cooperator is capable of meeting accepted quality standards: 
     Provided further, That the Service may accept donated 
     aircraft as replacements for existing aircraft: Provided 
     further, That notwithstanding any other provision of law, the 
     Secretary of the Interior may not spend any of the funds 
     appropriated in this Act for the purchase of lands or 
     interests in lands to be used in the establishment of any new 
     unit of the National Wildlife Refuge System unless the 
     purchase is approved in advance by the House and Senate 
     Committees on Appropriations in compliance with the 
     reprogramming procedures contained in Senate Report 105-56.

                         National Park Service


                 operation of the national park system

       For expenses necessary for the management, operation, and 
     maintenance of areas and facilities administered by the 
     National Park Service (including special road maintenance 
     service to trucking permittees on a reimbursable basis), and 
     for the general administration of the National Park Service, 
     $1,473,128,000, of which $10,881,000 for research, planning 
     and interagency coordination in support of land acquisition 
     for Everglades restoration shall remain available until 
     expended; and of which $17,181,000, to remain available until 
     September 30, 2003, is for maintenance repair or 
     rehabilitation projects for constructed assets, operation of 
     the National Park Service automated facility management 
     software system, and comprehensive facility condition 
     assessments; and of which $2,000,000 is for the Youth 
     Conservation Corps, defined in section 250(c)(4)(E)(xii) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, for the purposes of such Act, for high 
     priority projects: Provided, That the only funds in this 
     account which may be made available to support United States 
     Park Police are those funds approved for emergency law and 
     order incidents pursuant to established National Park Service 
     procedures, those funds needed to maintain and repair United 
     States Park Police administrative facilities, and those funds 
     necessary to reimburse the United States Park Police account 
     for the unbudgeted overtime and travel costs associated with 
     special events for an amount not to exceed $10,000 per event 
     subject to the review and concurrence of the Washington 
     headquarters office.


                       united states park police

       For expenses necessary to carry out the programs of the 
     United States Park Police, $66,106,000.


                   CONTRIBUTION FOR ANNUITY BENEFITS

       For reimbursement (not heretofore made), pursuant to 
     provisions of Public Law 85-157, to the District of Columbia 
     on a monthly basis for benefit payments by the District of 
     Columbia to United States Park Police annuitants under the 
     provisions of the Policeman and Fireman's Retirement and 
     Disability Act (Act), to the extent those payments exceed 
     contributions made by active Park Police members covered 
     under the Act, such amounts as hereafter may be necessary: 
     Provided, That hereafter the appropriations made to the 
     National Park Service shall not be available for this 
     purpose.

                  national recreation and preservation

       For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, heritage partnership 
     programs, environmental compliance and review, international 
     park affairs, statutory or contractual aid for other 
     activities, and grant administration, not otherwise provided 
     for, $65,886,000.


                     urban park and recreation fund

       For expenses necessary to carry out the provisions of the 
     Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 
     2501 et seq.), $20,000,000, to remain available until 
     expended and to be for the conservation activities defined in 
     section 250(c)(4)(E)(x) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, for the purposes of 
     such Act.


                       historic preservation fund

       For expenses necessary in carrying out the Historic 
     Preservation Act of 1966, as amended (16 U.S.C. 470), and the 
     Omnibus Parks and Public Lands Management Act of 1996 (Public 
     Law 104-333), $74,000,000, to be derived from the Historic 
     Preservation Fund, to remain available until September 30, 
     2003, and to be for the conservation activities defined in 
     section 250(c)(4)(E)(xi) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, for the purposes of 
     such Act: Provided, That of the amount provided $30,000,000 
     shall be for Save America's Treasures for priority 
     preservation projects, including preservation of intellectual 
     and cultural artifacts, preservation of historic structures 
     and sites, and buildings to house cultural and historic 
     resources and to provide educational opportunities: Provided 
     further, That any individual Save America's Treasures grant 
     shall be matched by non-Federal funds: Provided further, That 
     individual projects shall only be eligible for one grant, and 
     all projects to be funded shall be approved by the House and 
     Senate Committees on Appropriations prior to the commitment 
     of grant funds: Provided further, That Save America's 
     Treasures funds allocated for Federal projects shall be 
     available by transfer to appropriate accounts of individual 
     agencies, after approval of such projects by the Secretary of 
     the Interior: Provided further, That none of the funds 
     provided for Save America's Treasures may be used for 
     administrative expenses, and staffing for the program shall 
     be available from the existing staffing levels in the 
     National Park Service.


                              Construction

       For construction, improvements, repair or replacement of 
     physical facilities, including the modifications authorized 
     by section 104 of the Everglades National Park Protection and 
     Expansion Act of 1989, $338,585,000, to remain available 
     until expended, of which $60,000,000 is for conservation 
     activities defined in section 250(c)(4)(E) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     for the purposes of such Act.


                    land and water conservation fund

                              (rescission)

       The contract authority provided for fiscal year 2002 by 16 
     U.S.C. 460l-10a is rescinded.


                 land acquisition and state assistance

       For expenses necessary to carry out the Land and Water 
     Conservation Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of lands or waters, or interest therein, in 
     accordance with the statutory authority applicable to the 
     National Park Service, $287,036,000, to be derived from the 
     Land and Water Conservation Fund, to remain available until 
     expended and to be for the conservation activities defined in 
     section 250(c)(4)(E)(iii) of the Balanced Budget and

[[Page 12861]]

     Emergency Deficit Control Act of 1985, as amended, for the 
     purposes of such Act, of which $164,000,000 is for the State 
     assistance program including $4,000,000 to administer the 
     State assistance program, and of which $11,000,000 shall be 
     for grants, not covering more than 50 percent of the total 
     cost of any acquisition to be made with such funds, to States 
     and local communities for purposes of acquiring lands or 
     interests in lands to preserve and protect Civil War 
     battlefield sites identified in the July 1993 Report on the 
     Nation's Civil War Battlefields prepared by the Civil War 
     Sites Advisory Commission: Provided, That lands or interests 
     in land acquired with Civil War battlefield grants shall be 
     subject to the requirements of paragraph 6(f)(3) of the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     8(f)(3)): Provided further, That of the amounts provided 
     under this heading, $15,000,000 may be for Federal grants to 
     the State of Florida for the acquisition of lands or waters, 
     or interests therein, within the Everglades watershed 
     (consisting of lands and waters within the boundaries of the 
     South Florida Water Management District, Florida Bay and the 
     Florida Keys, including the areas known as the Frog Pond, the 
     Rocky Glades and the Eight and One-Half Square Mile Area) 
     under terms and conditions deemed necessary by the Secretary 
     to improve and restore the hydrological function of the 
     Everglades watershed; and $16,000,000 may be for project 
     modifications authorized by section 104 of the Everglades 
     National Park and Expansion Act: Provided further, That funds 
     provided under this heading for assistance to the State of 
     Florida to acquire lands within the Everglades watershed are 
     contingent upon new matching non-Federal funds by the State 
     and shall be subject to an agreement that the lands to be 
     acquired will be managed in perpetuity for the restoration of 
     the Everglades: Provided further, That none of the funds 
     provided for the State Assistance program may be used to 
     establish a contingency fund.


                       administrative provisions

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

                    United States Geological Survey


                 surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, biology, and the 
     mineral and water resources of the United States, its 
     territories and possessions, and other areas as authorized by 
     43 U.S.C. 31, 1332, and 1340; classify lands as to their 
     mineral and water resources; give engineering supervision to 
     power permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); and publish and disseminate data relative to the 
     foregoing activities; and to conduct inquiries into the 
     economic conditions affecting mining and materials processing 
     industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
     related purposes as authorized by law and to publish and 
     disseminate data; $892,474,000, of which $64,318,000 shall be 
     available only for cooperation with States or municipalities 
     for water resources investigations; and of which $16,400,000 
     shall remain available until expended for conducting 
     inquiries into the economic conditions affecting mining and 
     materials processing industries; and of which $8,000,000 
     shall remain available until expended for satellite 
     operations; and of which $23,226,000 shall be available until 
     September 30, 2003 for the operation and maintenance of 
     facilities and deferred maintenance; and of which 
     $164,424,000 shall be available until September 30, 2003 for 
     the biological research activity and the operation of the 
     Cooperative Research Units: Provided, That none of these 
     funds provided for the biological research activity shall be 
     used to conduct new surveys on private property, unless 
     specifically authorized in writing by the property owner: 
     Provided further, That of the amount provided herein, 
     $25,000,000 is for the conservation activities defined in 
     section 250(c)(4)(E)(viii) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, for the 
     purposes of such Act: Provided further, That no part of this 
     appropriation shall be used to pay more than one-half the 
     cost of topographic mapping or water resources data 
     collection and investigations carried on in cooperation with 
     States and municipalities.


                       administrative provisions

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

                      Minerals Management Service

                royalty and offshore minerals management

       For expenses necessary for minerals leasing and 
     environmental studies, regulation of industry operations, and 
     collection of royalties, as authorized by law; for enforcing 
     laws and regulations applicable to oil, gas, and other 
     minerals leases, permits, licenses and operating contracts; 
     and for matching grants or cooperative agreements; including 
     the purchase of not to exceed eight passenger motor vehicles 
     for replacement only, $151,933,000, of which $84,021,000, 
     shall be available for royalty management activities; and an 
     amount not to exceed $102,730,000, to be credited to this 
     appropriation and to remain available until expended, from 
     additions to receipts resulting from increases to rates in 
     effect on August 5, 1993, from rate increases to fee 
     collections for Outer Continental Shelf administrative 
     activities performed by the Minerals Management Service over 
     and above the rates in effect on September 30, 1993, and from 
     additional fees for Outer Continental Shelf administrative 
     activities established after September 30, 1993: Provided, 
     That to the extent $102,730,000 in additions to receipts are 
     not realized from the sources of receipts stated above, the 
     amount needed to reach $102,730,000 shall be credited to this 
     appropriation from receipts resulting from rental rates for 
     Outer Continental Shelf leases in effect before August 5, 
     1993: Provided further, That $3,000,000 for computer 
     acquisitions shall remain available until September 30, 2003: 
     Provided further, That funds appropriated under this Act 
     shall be available for the payment of interest in accordance 
     with 30 U.S.C. 1721(b) and (d): Provided further, That not to 
     exceed $3,000 shall be available for reasonable expenses 
     related to promoting volunteer beach and marine cleanup 
     activities: Provided further, That notwithstanding any other 
     provision of law, $15,000 under this heading shall be 
     available for refunds of overpayments in connection with 
     certain Indian leases in which the Director of the Minerals 
     Management Service (MMS) concurred with the claimed refund 
     due, to pay amounts owed to Indian allottees or tribes, or to 
     correct prior unrecoverable erroneous payments: Provided 
     further, That MMS may under the royalty-in-kind pilot program 
     use a portion of the revenues from royalty-in-kind sales, 
     without regard to fiscal year limitation, to pay for 
     transportation to wholesale market centers or upstream 
     pooling points, and to process or otherwise dispose of 
     royalty production taken in kind: Provided further, That MMS 
     shall analyze and document the expected return in advance of 
     any royalty-in-kind sales to assure to the maximum extent 
     practicable that royalty income under the pilot program is 
     equal to or greater than royalty income recognized under a 
     comparable royalty-in-value program.

                           oil spill research

       For necessary expenses to carry out title I, section 1016, 
     title IV, sections 4202 and 4303, title VII, and title VIII, 
     section 8201 of the Oil Pollution Act of 1990, $6,118,000, 
     which shall be derived from the Oil Spill Liability Trust 
     Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement


                       regulation and technology

       For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, including the purchase of not to 
     exceed 10 passenger motor vehicles, for replacement only; 
     $102,144,000: Provided, That the Secretary of the Interior, 
     pursuant to regulations, may use directly or through grants 
     to States, moneys collected in fiscal year 2002 for civil 
     penalties assessed under section 518 of the Surface Mining 
     Control and Reclamation Act of 1977 (30 U.S.C. 1268), to 
     reclaim lands adversely affected by coal mining practices 
     after August 3, 1977, to remain available until expended: 
     Provided further, That appropriations for the Office of 
     Surface Mining Reclamation and Enforcement may provide for 
     the travel and per diem expenses of State and tribal 
     personnel attending Office of Surface Mining Reclamation and 
     Enforcement sponsored training.

[[Page 12862]]




                    abandoned mine reclamation fund

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     as amended, including the purchase of not more than 10 
     passenger motor vehicles for replacement only, $203,171,000, 
     to be derived from receipts of the Abandoned Mine Reclamation 
     Fund and to remain available until expended; of which up to 
     $10,000,000, to be derived from the Federal Expenses Share of 
     the Fund, shall be for supplemental grants to States for the 
     reclamation of abandoned sites with acid mine rock drainage 
     from coal mines, and for associated activities, through the 
     Appalachian Clean Streams Initiative: Provided, That grants 
     to minimum program States will be $1,600,000 per State in 
     fiscal year 2002: Provided further, That of the funds herein 
     provided up to $18,000,000 may be used for the emergency 
     program authorized by section 410 of Public Law 95-87, as 
     amended, of which no more than 25 percent shall be used for 
     emergency reclamation projects in any one State and funds for 
     federally administered emergency reclamation projects under 
     this proviso shall not exceed $11,000,000: Provided further, 
     That prior year unobligated funds appropriated for the 
     emergency reclamation program shall not be subject to the 25 
     percent limitation per State and may be used without fiscal 
     year limitation for emergency projects: Provided further, 
     That pursuant to Public Law 97-365, the Department of the 
     Interior is authorized to use up to 20 percent from the 
     recovery of the delinquent debt owed to the United States 
     Government to pay for contracts to collect these debts: 
     Provided further, That funds made available under title IV of 
     Public Law 95-87 may be used for any required non-Federal 
     share of the cost of projects funded by the Federal 
     Government for the purpose of environmental restoration 
     related to treatment or abatement of acid mine drainage from 
     abandoned mines: Provided further, That such projects must be 
     consistent with the purposes and priorities of the Surface 
     Mining Control and Reclamation Act: Provided further, That 
     the State of Maryland may set aside the greater of $1,000,000 
     or 10 percent of the total of the grants made available to 
     the State under title IV of the Surface Mining Control and 
     Reclamation Act of 1977, as amended (30 U.S.C. 1231 et seq.), 
     if the amount set aside is deposited in an acid mine drainage 
     abatement and treatment fund established under a State law, 
     pursuant to which law the amount (together with all interest 
     earned on the amount) is expended by the State to undertake 
     acid mine drainage abatement and treatment projects, except 
     that before any amounts greater than 10 percent of its title 
     IV grants are deposited in an acid mine drainage abatement 
     and treatment fund, the State of Maryland must first complete 
     all Surface Mining Control and Reclamation Act priority one 
     projects.

                        Bureau of Indian Affairs


                      operation of indian programs

       For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13), the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 et seq.), as amended, the Education Amendments of 1978 
     (25 U.S.C. 2001-2019), and the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 
     $1,804,322,000, to remain available until September 30, 2003 
     except as otherwise provided herein, of which not to exceed 
     $89,864,000 shall be for welfare assistance payments and 
     notwithstanding any other provision of law, including but not 
     limited to the Indian Self-Determination Act of 1975, as 
     amended, not to exceed $130,209,000 shall be available for 
     payments to tribes and tribal organizations for contract 
     support costs associated with ongoing contracts, grants, 
     compacts, or annual funding agreements entered into with the 
     Bureau prior to or during fiscal year 2002, as authorized by 
     such Act, except that tribes and tribal organizations may use 
     their tribal priority allocations for unmet indirect costs of 
     ongoing contracts, grants, or compacts, or annual funding 
     agreements and for unmet welfare assistance costs; and up to 
     $3,000,000 shall be for the Indian Self-Determination Fund 
     which shall be available for the transitional cost of initial 
     or expanded tribal contracts, grants, compacts or cooperative 
     agreements with the Bureau under such Act; and of which not 
     to exceed $436,427,000 for school operations costs of Bureau-
     funded schools and other education programs shall become 
     available on July 1, 2002, and shall remain available until 
     September 30, 2003; and of which not to exceed $58,540,000 
     shall remain available until expended for housing 
     improvement, road maintenance, attorney fees, litigation 
     support, the Indian Self-Determination Fund, land records 
     improvement, and the Navajo-Hopi Settlement Program: 
     Provided, That notwithstanding any other provision of law, 
     including but not limited to the Indian Self-Determination 
     Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed 
     $43,065,000 within and only from such amounts made available 
     for school operations shall be available to tribes and tribal 
     organizations for administrative cost grants associated with 
     the operation of Bureau-funded schools: Provided further, 
     That any forestry funds allocated to a tribe which remain 
     unobligated as of September 30, 2003, may be transferred 
     during fiscal year 2004 to an Indian forest land assistance 
     account established for the benefit of such tribe within the 
     tribe's trust fund account: Provided further, That any such 
     unobligated balances not so transferred shall expire on 
     September 30, 2004.


                              construction

       For construction, repair, improvement, and maintenance of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands, and interests in lands; 
     and preparation of lands for farming, and for construction of 
     the Navajo Indian Irrigation Project pursuant to Public Law 
     87-483, $360,132,000, to remain available until expended: 
     Provided, That such amounts as may be available for the 
     construction of the Navajo Indian Irrigation Project may be 
     transferred to the Bureau of Reclamation: Provided further, 
     That not to exceed 6 percent of contract authority available 
     to the Bureau of Indian Affairs from the Federal Highway 
     Trust Fund may be used to cover the road program management 
     costs of the Bureau: Provided further, That any funds 
     provided for the Safety of Dams program pursuant to 25 U.S.C. 
     13 shall be made available on a nonreimbursable basis: 
     Provided further, That for fiscal year 2002, in implementing 
     new construction or facilities improvement and repair project 
     grants in excess of $100,000 that are provided to tribally 
     controlled grant schools under Public Law 100-297, as 
     amended, the Secretary of the Interior shall use the 
     Administrative and Audit Requirements and Cost Principles for 
     Assistance Programs contained in 43 CFR part 12 as the 
     regulatory requirements: Provided further, That such grants 
     shall not be subject to section 12.61 of 43 CFR; the 
     Secretary and the grantee shall negotiate and determine a 
     schedule of payments for the work to be performed: Provided 
     further, That in considering applications, the Secretary 
     shall consider whether the Indian tribe or tribal 
     organization would be deficient in assuring that the 
     construction projects conform to applicable building 
     standards and codes and Federal, tribal, or State health and 
     safety standards as required by 25 U.S.C. 2005(a), with 
     respect to organizational and financial management 
     capabilities: Provided further, That if the Secretary 
     declines an application, the Secretary shall follow the 
     requirements contained in 25 U.S.C. 2505(f): Provided 
     further, That any disputes between the Secretary and any 
     grantee concerning a grant shall be subject to the disputes 
     provision in 25 U.S.C. 2508(e).


 indian land and water claim settlements and miscellaneous payments to 
                                indians

       For miscellaneous payments to Indian tribes and individuals 
     and for necessary administrative expenses, $60,949,000, to 
     remain available until expended; of which $24,870,000 shall 
     be available for implementation of enacted Indian land and 
     water claim settlements pursuant to Public Laws 101-618 and 
     102-575, and for implementation of other enacted water rights 
     settlements; of which $7,950,000 shall be available for 
     future water supplies facilities under Public Law 106-163; of 
     which $21,875,000 shall be available pursuant to Public Laws 
     99-264, 100-580, 106-263, 106-425, 106-554, and 106-568; and 
     of which $6,254,000 shall be available for the consent decree 
     entered by the U.S. District Court, Western District of 
     Michigan in United States v. Michigan, Case No. 2:73 CV 26.


                 indian guaranteed loan program account

       For the cost of guaranteed loans, $4,500,000, as authorized 
     by the Indian Financing Act of 1974, as amended: Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974: Provided further, That these funds are 
     available to subsidize total loan principal, any part of 
     which is to be guaranteed, not to exceed $75,000,000.
       In addition, for administrative expenses to carry out the 
     guaranteed loan programs, $486,000.


                       administrative provisions

       The Bureau of Indian Affairs may carry out the operation of 
     Indian programs by direct expenditure, contracts, cooperative 
     agreements, compacts and grants, either directly or in 
     cooperation with States and other organizations.
       Appropriations for the Bureau of Indian Affairs (except the 
     revolving fund for loans, the Indian loan guarantee and 
     insurance fund, and the Indian Guaranteed Loan Program 
     account) shall be available for expenses of exhibits, and 
     purchase of not to exceed 229 passenger motor vehicles, of 
     which not to exceed 187 shall be for replacement only.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs for central office 
     operations, pooled overhead general administration (except 
     facilities operations and maintenance), or provided to 
     implement the recommendations of the National Academy of 
     Public Administration's August 1999 report shall be available 
     for tribal contracts, grants, compacts, or cooperative 
     agreements with the Bureau of Indian Affairs under the 
     provisions of the Indian Self-Determination Act or the Tribal 
     Self-Governance Act of 1994 (Public Law 103-413).
       In the event any tribe returns appropriations made 
     available by this Act to the Bureau of Indian Affairs for 
     distribution to other tribes, this action shall not diminish 
     the Federal Government's trust responsibility to that tribe, 
     or the government-to-government relationship between the 
     United States and that tribe, or that tribe's ability to 
     access future appropriations.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau, other than the amounts provided 
     herein for assistance to public schools under 25 U.S.C. 452 
     et seq., shall be available to support the operation of any 
     elementary or secondary school in the State of Alaska.
       Appropriations made available in this or any other Act for 
     schools funded by the Bureau shall be available only to the 
     schools in the Bureau school system as of September 1, 1996. 
     No

[[Page 12863]]

     funds available to the Bureau shall be used to support 
     expanded grades for any school or dormitory beyond the grade 
     structure in place or approved by the Secretary of the 
     Interior at each school in the Bureau school system as of 
     October 1, 1995. Funds made available under this Act may not 
     be used to establish a charter school at a Bureau-funded 
     school (as that term is defined in section 1146 of the 
     Education Amendments of 1978 (25 U.S.C. 2026)), except that a 
     charter school that is in existence on the date of the 
     enactment of this Act and that has operated at a Bureau-
     funded school before September 1, 1999, may continue to 
     operate during that period, but only if the charter school 
     pays to the Bureau a pro rata share of funds to reimburse the 
     Bureau for the use of the real and personal property 
     (including buses and vans), the funds of the charter school 
     are kept separate and apart from Bureau funds, and the Bureau 
     does not assume any obligation for charter school programs of 
     the State in which the school is located if the charter 
     school loses such funding. Employees of Bureau-funded schools 
     sharing a campus with a charter school and performing 
     functions related to the charter school's operation and 
     employees of a charter school shall not be treated as Federal 
     employees for purposes of chapter 171 of title 28, United 
     States Code (commonly known as the ``Federal Tort Claims 
     Act'').

                          Departmental Offices

                            Insular Affairs


                       ASSISTANCE TO TERRITORIES

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior, 
     $76,450,000, of which: (1) $71,922,000 shall be available 
     until expended for technical assistance, including 
     maintenance assistance, disaster assistance, insular 
     management controls, coral reef initiative activities, and 
     brown tree snake control and research; grants to the 
     judiciary in American Samoa for compensation and expenses, as 
     authorized by law (48 U.S.C. 1661(c)); grants to the 
     Government of American Samoa, in addition to current local 
     revenues, for construction and support of governmental 
     functions; grants to the Government of the Virgin Islands as 
     authorized by law; grants to the Government of Guam, as 
     authorized by law; and grants to the Government of the 
     Northern Mariana Islands as authorized by law (Public Law 94-
     241; 90 Stat. 272); and (2) $4,528,000 shall be available for 
     salaries and expenses of the Office of Insular Affairs: 
     Provided, That all financial transactions of the territorial 
     and local governments herein provided for, including such 
     transactions of all agencies or instrumentalities established 
     or used by such governments, may be audited by the General 
     Accounting Office, at its discretion, in accordance with 
     chapter 35 of title 31, United States Code: Provided further, 
     That Northern Mariana Islands Covenant grant funding shall be 
     provided according to those terms of the Agreement of the 
     Special Representatives on Future United States Financial 
     Assistance for the Northern Mariana Islands approved by 
     Public Law 104-134: Provided further, That of the amounts 
     provided for technical assistance, not to exceed $2,000,000 
     shall be made available for transfer to the Disaster 
     Assistance Direct Loan Financing Account of the Federal 
     Emergency Management Agency for the purpose of covering the 
     cost of forgiving the repayment obligation of the Government 
     of the Virgin Islands on Community Disaster Loan 841, as 
     required by section 504 of the Congressional Budget Act of 
     1974, as amended (2 U.S.C. 661c): Provided further, That of 
     the amounts provided for technical assistance, sufficient 
     funding shall be made available for a grant to the Close Up 
     Foundation: Provided further, That the funds for the program 
     of operations and maintenance improvement are appropriated to 
     institutionalize routine operations and maintenance 
     improvement of capital infrastructure in American Samoa, 
     Guam, the Virgin Islands, the Commonwealth of the Northern 
     Mariana Islands, the Republic of Palau, the Republic of the 
     Marshall Islands, and the Federated States of Micronesia 
     through assessments of long-range operations maintenance 
     needs, improved capability of local operations and 
     maintenance institutions and agencies (including management 
     and vocational education training), and project-specific 
     maintenance (with territorial participation and cost sharing 
     to be determined by the Secretary based on the individual 
     territory's commitment to timely maintenance of its capital 
     assets): Provided further, That any appropriation for 
     disaster assistance under this heading in this Act or 
     previous appropriations Acts may be used as non-Federal 
     matching funds for the purpose of hazard mitigation grants 
     provided pursuant to section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c).

                      compact of free association

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

                        Departmental Management


                         salaries and expenses

       For necessary expenses for management of the Department of 
     the Interior, $67,541,000, of which not to exceed $8,500 may 
     be for official reception and representation expenses, and of 
     which up to $1,000,000 shall be available for workers 
     compensation payments and unemployment compensation payments 
     associated with the orderly closure of the United States 
     Bureau of Mines.

                        Office of the Solicitor


                         Salaries and Expenses

       For necessary expenses of the Office of the Solicitor, 
     $44,074,000.

                      Office of Inspector General


                         Salaries and Expenses

       For necessary expenses of the Office of Inspector General, 
     $34,302,000, of which $3,812,000 shall be for procurement by 
     contract of independent auditing services to audit the 
     consolidated Department of the Interior annual financial 
     statement and the annual financial statement of the 
     Department of the Interior bureaus and offices funded in this 
     Act.

             Office of Special Trustee for American Indians


                         federal trust programs

       For operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, $99,224,000, to remain available until expended: 
     Provided, That funds for trust management improvements may be 
     transferred, as needed, to the Bureau of Indian Affairs 
     ``Operation of Indian Programs'' account and to the 
     Departmental Management ``Salaries and Expenses'' account: 
     Provided further, That funds made available to Tribes and 
     Tribal organizations through contracts or grants obligated 
     during fiscal year 2002, as authorized by the Indian Self-
     Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
     remain available until expended by the contractor or grantee: 
     Provided further, That notwithstanding any other provision of 
     law, the statute of limitations shall not commence to run on 
     any claim, including any claim in litigation pending on the 
     date of the enactment of this Act, concerning losses to or 
     mismanagement of trust funds, until the affected tribe or 
     individual Indian has been furnished with an accounting of 
     such funds from which the beneficiary can determine whether 
     there has been a loss: Provided further, That notwithstanding 
     any other provision of law, the Secretary shall not be 
     required to provide a quarterly statement of performance for 
     any Indian trust account that has not had activity for at 
     least 18 months and has a balance of $1.00 or less: Provided 
     further, That the Secretary shall issue an annual account 
     statement and maintain a record of any such accounts and 
     shall permit the balance in each such account to be withdrawn 
     upon the express written request of the account holder.


                       Indian Land Consolidation

       For consolidation of fractional interests in Indian lands 
     and expenses associated with redetermining and redistributing 
     escheated interests in allotted lands, and for necessary 
     expenses to carry out the Indian Land Consolidation Act of 
     1983, as amended, by direct expenditure or cooperative 
     agreement, $10,980,000, to remain available until expended 
     and which may be transferred to the Bureau of Indian Affairs 
     and Departmental Management.

           Natural Resource Damage Assessment and Restoration

                natural resource damage assessment fund

       To conduct natural resource damage assessment activities by 
     the Department of the Interior necessary to carry out the 
     provisions of the Comprehensive Environmental Response, 
     Compensation, and Liability Act, as amended (42 U.S.C. 9601 
     et seq.), Federal Water Pollution Control Act, as amended (33 
     U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (Public 
     Law 101-380) (33 U.S.C. 2701 et seq.), and Public Law 101-
     337, as amended (16 U.S.C. 19jj et seq.), $5,872,000, to 
     remain available until expended.


                       administrative provisions

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

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

       Sec. 101. Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary, for the 
     emergency reconstruction, replacement, or repair of aircraft, 
     buildings, utilities, or other facilities or equipment 
     damaged or destroyed by fire, flood, storm, or other 
     unavoidable causes: Provided, That no funds shall be made 
     available under this authority until funds specifically made 
     available to the Department of the Interior for emergencies 
     shall have been exhausted: Provided further, That all funds 
     used pursuant to this section are hereby designated by 
     Congress to be ``emergency requirements'' pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible.

[[Page 12864]]

       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 thirty days: Provided further, That 
     all funds used pursuant to this section are hereby designated 
     by Congress to be ``emergency requirements'' pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible: Provided further, That such 
     replenishment funds shall be used to reimburse, on a pro rata 
     basis, accounts from which emergency funds were transferred.
       Sec. 103. Appropriations made in this title shall be 
     available for operation of warehouses, garages, shops, and 
     similar facilities, wherever consolidation of activities will 
     contribute to efficiency or economy, and said appropriations 
     shall be reimbursed for services rendered to any other 
     activity in the same manner as authorized by sections 1535 
     and 1536 of title 31, United States Code: Provided, That 
     reimbursements for costs and supplies, materials, equipment, 
     and for services rendered may be credited to the 
     appropriation current at the time such reimbursements are 
     received.
       Sec. 104. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; hire, 
     maintenance, and operation of aircraft; hire of passenger 
     motor vehicles; purchase of reprints; payment for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and the payment 
     of dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members.
       Sec. 105. Appropriations available to the Department of the 
     Interior for salaries and expenses shall be available for 
     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901-5902 and D.C. Code 4-204).
       Sec. 106. Annual appropriations made in this title shall be 
     available for obligation in connection with contracts issued 
     for services or rentals for periods not in excess of 12 
     months beginning at any time during the fiscal year.
       Sec. 107. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     leasing and related activities placed under restriction in 
     the President's moratorium statement of June 12, 1998, in the 
     areas of northern, central, and southern California; the 
     North Atlantic; Washington and Oregon; and the eastern Gulf 
     of Mexico south of 26 degrees north latitude and east of 86 
     degrees west longitude.
       Sec. 108. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     oil and natural gas preleasing, leasing, and related 
     activities, on lands within the North Aleutian Basin planning 
     area.
       Sec. 109. No funds provided in this title may be expended 
     by the Department of the Interior to conduct offshore oil and 
     natural gas preleasing, leasing and related activities in the 
     eastern Gulf of Mexico planning area for any lands located 
     outside Sale 181, as identified in the final Outer 
     Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
     2002.
       Sec. 110. No funds provided in this title may be expended 
     by the Department of the Interior to conduct oil and natural 
     gas preleasing, leasing and related activities in the Mid-
     Atlantic and South Atlantic planning areas.
       Sec. 111. Advance payments made under this title to Indian 
     tribes, tribal organizations, and tribal consortia pursuant 
     to the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.) may be invested by the 
     Indian tribe, tribal organization, or consortium before such 
     funds are expended for the purposes of the grant, compact, or 
     annual funding agreement so long as such funds are--
       (1) invested by the Indian tribe, tribal organization, or 
     consortium only in obligations of the United States, or in 
     obligations or securities that are guaranteed or insured by 
     the United States, or mutual (or other) funds registered with 
     the Securities and Exchange Commission and which only invest 
     in obligations of the United States or securities that are 
     guaranteed or insured by the United States; or
       (2) deposited only into accounts that are insured by an 
     agency or instrumentality of the United States, or are fully 
     collateralized to ensure protection of the funds, even in the 
     event of a bank failure.
       Sec. 112. Appropriations made in this Act under the 
     headings Bureau of Indian Affairs and Office of Special 
     Trustee for American Indians and any available unobligated 
     balances from prior appropriations Acts made under the same 
     headings, shall be available for expenditure or transfer for 
     Indian trust management activities pursuant to the Trust 
     Management Improvement Project High Level Implementation 
     Plan.
       Sec. 113. A grazing permit or lease that expires (or is 
     transferred) during fiscal year 2002 shall be renewed under 
     section 402 of the Federal Land Policy and Management Act of 
     1976, as amended (43 U.S.C. 1752) or if applicable, section 
     510 of the California Desert Protection Act (16 U.S.C. 
     410aaa-50). The terms and conditions contained in the 
     expiring permit or lease shall continue in effect under the 
     new permit or lease until such time as the Secretary of the 
     Interior completes processing of such permit or lease in 
     compliance with all applicable laws and regulations, at which 
     time such permit or lease may be canceled, suspended or 
     modified, in whole or in part, to meet the requirements of 
     such applicable laws and regulations. Nothing in this section 
     shall be deemed to alter the Secretary's statutory authority.
       Sec. 114. Notwithstanding any other provision of law, for 
     the purpose of reducing the backlog of Indian probate cases 
     in the Department of the Interior, the hearing requirements 
     of chapter 10 of title 25, United States Code, are deemed 
     satisfied by a proceeding conducted by an Indian probate 
     judge, appointed by the Secretary without regard to the 
     provisions of title 5, United States Code, governing the 
     appointments in the competitive service, for such period of 
     time as the Secretary determines necessary: Provided, That 
     the basic pay of an Indian probate judge so appointed may be 
     fixed by the Secretary without regard to the provisions of 
     chapter 51, and subchapter III of chapter 53 of title 5, 
     United States Code, governing the classification and pay of 
     General Schedule employees, except that no such Indian 
     probate judge may be paid at a level which exceeds the 
     maximum rate payable for the highest grade of the General 
     Schedule, including locality pay.
       Sec. 115. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to redistribute any 
     Tribal Priority Allocation funds, including tribal base 
     funds, to alleviate tribal funding inequities by transferring 
     funds to address identified, unmet needs, dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies. No tribe shall receive a reduction in Tribal 
     Priority Allocation funds of more than 10 percent in fiscal 
     year 2002. Under circumstances of dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies, the 10 percent limitation does not apply.
       Sec. 116. Funds appropriated for the Bureau of Indian 
     Affairs for postsecondary schools for fiscal year 2002 shall 
     be allocated among the schools proportionate to the unmet 
     need of the schools as determined by the Postsecondary 
     Funding Formula adopted by the Office of Indian Education 
     Programs.
       Sec. 117. (a) The Secretary of the Interior shall take such 
     action as may be necessary to ensure that the lands 
     comprising the Huron Cemetery in Kansas City, Kansas (as 
     described in section 123 of Public Law 106-291) are used only 
     in accordance with this section.
       (b) The lands of the Huron Cemetery shall be used only (1) 
     for religious and cultural uses that are compatible with the 
     use of the lands as a cemetery, and (2) as a burial ground.
       Sec. 118. Notwithstanding any other provision of law, in 
     conveying the Twin Cities Research Center under the authority 
     provided by Public Law 104-134, as amended by Public Law 104-
     208, the Secretary may accept and retain land and other forms 
     of reimbursement: Provided, That the Secretary may retain and 
     use any such reimbursement until expended and without further 
     appropriation: (1) for the benefit of the National Wildlife 
     Refuge System within the State of Minnesota; and (2) for all 
     activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
       Sec. 119. Section 412(b) of the National Parks Omnibus 
     Management Act of 1998, as amended (16 U.S.C. 5961) is 
     amended by striking ``2001'' and inserting ``2002''.
       Sec. 120. Notwithstanding other provisions of law, the 
     National Park Service may authorize, through cooperative 
     agreement, the Golden Gate National Parks Association to 
     provide fee-based education, interpretive and visitor service 
     functions within the Crissy Field and Fort Point areas of the 
     Presidio.
       Sec. 121. Notwithstanding 31 U.S.C. 3302(b), sums received 
     by the Bureau of Land Management for the sale of seeds or 
     seedlings including those collected in fiscal year 2001, may 
     be credited to the appropriation from which funds were

[[Page 12865]]

     expended to acquire or grow the seeds or seedlings and are 
     available without fiscal year limitation.
       Sec. 122. Tribal School Construction Demonstration Program. 
     (a) Definitions.--In this section:
       (1) Construction.--The term ``construction'', with respect 
     to a tribally controlled school, includes the construction or 
     renovation of that school.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).
       (3) Secretary.--The term ``secretary'' means the Secretary 
     of the Interior.
       (4) Tribally controlled school.--The term ``tribally 
     controlled school'' has the meaning given that term in 
     section 5212 of the Tribally Controlled Schools Act of 1988 
     (25 U.S.C. 2511).
       (5) Department.--The term ``Department'' means the 
     Department of the Interior.
       (6) Demonstration program.--The term ``demonstration 
     program'' means the Tribal School Construction Demonstration 
     Program.
       (b) In General.--The Secretary shall carry out a 
     demonstration program to provide grants to Indian tribes for 
     the construction of tribally controlled schools.
       (1) In general.--Subject to the availability of 
     appropriations, in carrying out the demonstration program 
     under subsection (b), the Secretary shall award a grant to 
     each Indian tribe that submits an application that is 
     approved by the Secretary under paragraph (2). The Secretary 
     shall ensure that an eligible Indian tribe currently on the 
     Department's priority list for constructing of replacement 
     educational facilities receives the highest priority for a 
     grant under this section.
       (2) Grant applications.--An application for a grant under 
     the section shall--
       (A) include a proposal for the construction of a tribally 
     controlled school of the Indian tribe that submits the 
     application; and
       (B) be in such form as the Secretary determines 
     appropriate.
       (3) Grant agreement.--As a condition to receiving a grant 
     under this section, the Indian tribe shall enter into an 
     agreement with the Secretary that specifies--
       (A) the costs of construction under the grant;
       (B) that the Indian tribe shall be required to contribute 
     towards the cost of the construction a tribal share equal to 
     50 percent of the costs; and
       (C) any other term or condition that the Secretary 
     determines to be appropriate.
       (4) Eligibility.--Grants awarded under the demonstration 
     program shall only be for construction on replacement 
     tribally controlled schools.
       (c) Effect of Grant.--A grant received under this section 
     shall be in addition to any other funds received by an Indian 
     tribe under any other provision of law. The receipt of a 
     grant under this section shall not affect the eligibility of 
     an Indian tribe receiving funding, or the amount of funding 
     received by the Indian tribe, under the Tribally Controlled 
     Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450 et seq.).
       Sec. 123. White River Oil Shale Mine, Utah. (a) Sale.--The 
     Administrator of General Services (referred to in this 
     section as the ``Administrator'') shall sell all right, 
     title, and interest of the United States in and to the 
     improvements and equipment described in subsection (b) that 
     are situated on the land described in subsection (c) 
     (referred to in this section as the ``Mine'').
       (b) Description of Improvements and equipment.-- The 
     improvements and equipment referred to in subsection (a) are 
     the following improvements and equipment associated with the 
     Mine:
       (1) Mine Service Building.
       (2) Sewage Treatment Building.
       (3) Electrical Switchgear Building.
       (4) Water Treatment Building/Plant.
       (5) Ventilation/Fan Building.
       (6) Water Storage Tanks.
       (7) Mine Hoist Cage and Headframe.
       (8) Miscellaneous Mine-related equipment.
       (c) Description of Land.--The land referred to in 
     subsection (a) is the land located in Uintah County, Utah, 
     known as the ``White River Oil Shale Mine'' and described as 
     follows:
       (1) T. 10 S., R 24 E., Salt Lake Meridian, sections 12 
     through 14, 19 through 30, 33, and 34.
       (2) T. 10 S., R. 25 E., Salt Lake Meridian, sections 18 and 
     19.
       (d) Use of Proceeds.--The proceeds of the sale under 
     subsection (a)--
       (1) shall be deposited in a special account in the Treasury 
     of the United States; and
       (2) shall be available until expended, without further Act 
     of appropriation--
       (A) first, to reimburse the Administrator for the direct 
     costs of the sale; and
       (B) second, to reimburse the Bureau of Land Management Utah 
     State Office for the costs of closing and rehabilitating the 
     Mine.
       (e) Mine Closure and Rehabilitation.--The closing and 
     rehabilitation of the Mine (including closing of the mine 
     shafts, site grading, and surface revegetation) shall be 
     conducted in accordance with--
       (1) the regulatory requirements of the State of Utah, the 
     Mine Safety and Health Administration, and the Occupational 
     Safety and Health Administration; and
       (2) other applicable law.
       Sec. 124. The Secretary of the Interior may use or contract 
     for the use of helicopters or motor vehicles on the Sheldon 
     and Hart National Wildlife Refuges for the purpose of 
     capturing and transporting horses and burros. The provisions 
     of subsection (a) of the Act of September 8, 1959 (73 Stat. 
     470; 18 U.S.C. 47(a)) shall not be applicable to such use. 
     Such use shall be in accordance with humane procedures 
     prescribed by the Secretary.
       Sec. 125. Upon application of the Governor of a State, the 
     Secretary of the Interior shall (1) transfer not to exceed 25 
     percent of that State's formula allocation under the heading 
     ``National Park Service, Land Acquisition and State 
     Assistance'' to increase the State's allocation under the 
     heading ``United States Fish and Wildlife Service, State 
     Wildlife Grants'' or (2) transfer not to exceed 25 percent of 
     the State's formula allocation under the heading ``United 
     States Fish and Wildlife Service, State Wildlife Grants'' to 
     increase the State's formula allocation under the heading 
     ``National Park Service, Land Acquisition and State 
     Assistance''.
       Sec. 126. Section 819 of Public Law 106-568 is hereby 
     repealed.
       Sec. 127. Moore's Landing at the Cape Romain National 
     Wildlife Refuge in South Carolina is hereby named for George 
     Garris and shall hereafter be referred to in any law, 
     document, or records of the United States as ``Garris 
     Landing''.

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                     Forest and Rangeland Research

       For necessary expenses of forest and rangeland research as 
     authorized by law, $242,822,000, to remain available until 
     expended.

                       state and private forestry

       For necessary expenses of cooperating with and providing 
     technical and financial assistance to States, territories, 
     possessions, and others, and for forest health management, 
     cooperative forestry, and education and land conservation 
     activities and conducting an international program as 
     authorized, $287,331,000, to remain available until expended, 
     as authorized by law, of which $101,000,000 is for Forest 
     Legacy and Urban and Community Forestry, defined in section 
     250(c)(4)(E)(ix) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of such 
     Act: Provided, That none of the funds provided under this 
     heading for the acquisition of lands or interests in lands 
     shall be available until the House Committee on 
     Appropriations and the Senate Committee on Appropriations 
     provide to the Secretary, in writing, a list of specific 
     acquisitions to be undertaken with such funds: Provided 
     further, That notwithstanding any other provision of law, of 
     the funds provided under this heading, $5,000,000 shall be 
     made available to Kake Tribal Corporation as an advanced 
     direct lump sum payment to implement the Kake Tribal 
     Corporation Land Transfer Act (Public Law 106-283).


                         National Forest System

       For necessary expenses of the Forest Service, not otherwise 
     provided for, for management, protection, improvement, and 
     utilization of the National Forest System, $1,324,491,000, to 
     remain available until expended, which shall include 50 
     percent of all moneys received during prior fiscal years as 
     fees collected under the Land and Water Conservation Fund Act 
     of 1965, as amended, in accordance with section 4 of the Act 
     (16 U.S.C. 460l-6a(i)): Provided, That unobligated balances 
     available at the start of fiscal year 2002 shall be displayed 
     by extended budget line item in the fiscal year 2003 budget 
     justification: Provided further, That of the amount available 
     for vegetation and watershed management, the Secretary may 
     authorize the expenditure or transfer of such sums as 
     necessary to the Department of the Interior, Bureau of Land 
     Management for removal, preparation, and adoption of excess 
     wild horses and burros from National Forest System lands: 
     Provided further, That of the funds provided under this 
     heading for Forest Products, $5,000,000 shall be allocated to 
     the Alaska Region, in addition to its normal allocation for 
     the purposes of preparing additional timber for sale, to 
     establish a 3-year timber supply and such funds may be 
     transferred to other appropriations accounts as necessary to 
     maximize accomplishment: Provided further, That of the funds 
     provided for Wildlife and Fish Habitat Management, $600,000 
     shall be provided to the State of Alaska for wildlife 
     monitoring activities.


                        wildland fire management

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, and for emergency 
     rehabilitation of burned-over National Forest System lands 
     and water, $1,115,594,000, to remain available until 
     expended: Provided, That such funds including unobligated 
     balances under this head, are available for repayment of 
     advances from other appropriations accounts previously 
     transferred for such purposes: Provided further, That not 
     less than 50 percent of any unobligated balances remaining 
     (exclusive of amounts for hazardous fuels reduction) at the 
     end of fiscal year 2001 shall be transferred, as repayment 
     for past advances that have not been repaid, to the fund 
     established pursuant to section 3 of Public Law 71-319 (16 
     U.S.C. 576 et seq.): Provided further, That notwithstanding 
     any other provision of law, $4,000,000 of funds appropriated 
     under this appropriation shall be used for Fire Science 
     Research in support of the Joint Fire Science Program: 
     Provided further, That all authorities for the use of funds, 
     including

[[Page 12866]]

     the use of contracts, grants, and cooperative agreements, 
     available to execute the Forest and Rangeland Research 
     appropriation, are also available in the utilization of these 
     funds for Fire Science Research: Provided further, That funds 
     provided shall be available for emergency rehabilitation and 
     restoration, hazard reduction activities in the urban-
     wildland interface, support to federal emergency response, 
     and wildfire suppression activities of the Forest Service: 
     Provided further, That amounts under this heading may be 
     transferred as specified in the report accompanying this Act 
     to the ``State and Private Forestry'', ``National Forest 
     System'', ``Forest and Rangeland Research'', and ``Capital 
     Improvement and Maintenance'' accounts to fund state fire 
     assistance, volunteer fire assistance, and forest health 
     management, vegetation and watershed management, heritage 
     site rehabilitation, wildlife and fish habitat management, 
     trails and facilities maintenance and restoration: Provided 
     further, That transfers of any amounts in excess of those 
     specified shall require approval of the House and Senate 
     Committees on Appropriations in compliance with reprogramming 
     procedures contained in House Report No. 105-163: Provided 
     further, That the costs of implementing any cooperative 
     agreement between the Federal government and any non-Federal 
     entity may be shared, as mutually agreed on by the affected 
     parties: Provided further, That in entering into such grants 
     or cooperative agreements, the Secretary may consider the 
     enhancement of local and small business employment 
     opportunities for rural communities, and that in entering 
     into procurement contracts under this section on a best value 
     basis, the Secretary may take into account the ability of an 
     entity to enhance local and small business employment 
     opportunities in rural communities, and that the Secretary 
     may award procurement contracts, grants, or cooperative 
     agreements under this section to entities that include local 
     non-profit entities, Youth Conservation Corps or related 
     partnerships with State, local or non-profit youth groups, or 
     small or disadvantaged businesses: Provided further, That:
       (1) In expending the funds provided with respect to this 
     Act for hazardous fuels reduction, the Secretary of the 
     Interior and the Secretary of Agriculture may conduct fuel 
     reduction treatments on Federal lands using all contracting 
     and hiring authorities available to the Secretaries 
     applicable to hazardous fuel reduction activities under the 
     wildland fire management accounts. Notwithstanding Federal 
     government procurement and contracting laws, the Secretaries 
     may conduct fuel reduction treatments on Federal lands using 
     grants and cooperative agreements. Notwithstanding Federal 
     government procurement and contracting laws, in order to 
     provide employment and training opportunities to people in 
     rural communities, the Secretaries may award contracts, 
     including contracts for monitoring activities, to--
       (A) local private, nonprofit, or cooperative entities;
       (B) Youth Conservation Corps crews or related partnerships, 
     with State, local and non-profit youth groups;
       (C) small or micro-businesses; or
       (D) other entities that will hire or train a significant 
     percentage of local people to complete such contracts. The 
     authorities described above relating to contracts, grants, 
     and cooperative agreements are available until all funds 
     provided in this title for hazardous fuels reduction 
     activities in the urban wildland interface are obligated.
       (2)(A) The Secretary of Agriculture may transfer or 
     reimburse funds to the United States Fish and Wildlife 
     Service of the Department of the Interior, or the National 
     Marine Fisheries Service of the Department of Commerce, for 
     the costs of carrying out their responsibilities under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 
     consult and conference as required by section 7 of such Act 
     in connection with wildland fire management activities in 
     fiscal years 2001 and 2002.
       (B) Only those funds appropriated for fiscal years 2001 and 
     2002 to Forest Service (USDA) for wildland fire management 
     are available to the Secretary of Agriculture for such 
     transfer or reimbursement.
       (C) The amount of the transfer or reimbursement shall be as 
     mutually agreed by the Secretary of Agriculture and the 
     Secretary of the Interior or Secretary of Commerce, as 
     applicable, or their designees. The amount shall in no case 
     exceed the actual costs of consultation and conferencing in 
     connection with wildland fire management activities affecting 
     National Forest System lands.
       For an additional amount to cover necessary expenses for 
     emergency rehabilitation, wildfire suppression and other fire 
     operations of the Forest Service, $165,000,000, to remain 
     available until expended, of which $100,000,000 is for 
     emergency rehabilitation and wildfire suppression, and 
     $65,000,000 is for other fire operations: Provided, That the 
     entire amount appropriated in this paragraph is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That these 
     funds shall be available only to the extent an official 
     budget request for a specific dollar amount, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.
       For an additional amount, to liquidate obligations 
     previously incurred, $274,147,000.

                  capital improvement and maintenance

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $541,286,000, to remain available until 
     expended for construction, reconstruction, maintenance and 
     acquisition of buildings and other facilities, and for 
     construction, reconstruction, repair and maintenance of 
     forest roads and trails by the Forest Service as authorized 
     by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205, of which 
     $61,000,000 is for conservation activities defined in section 
     250(c)(4)(E) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of such 
     Act: Provided, That fiscal year 2001 balances in the Federal 
     Infrastructure Improvement account for the Forest Service 
     shall be transferred to and merged with this appropriation 
     and shall remain available until expended: Provided further, 
     That up to $15,000,000 of the funds provided herein for road 
     maintenance shall be available for the decommissioning of 
     roads, including unauthorized roads not part of the 
     transportation system, which are no longer needed: Provided 
     further, That no funds shall be expended to decommission any 
     system road until notice and an opportunity for public 
     comment has been provided on each decommissioning project: 
     Provided further, That the Forest Service shall transfer 
     $300,000, appropriated in Public Law 106-291 within the 
     Capital Improvement and Maintenance appropriation, to the 
     State and Private Forestry appropriation, and shall provide 
     these funds in an advance direct lump sum payment to Purdue 
     University for planning and construction of a hardwood tree 
     improvement and generation facility.


                            land acquisition

       For expenses necessary to carry out the provisions of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4 through 11), including administrative expenses, 
     and for acquisition of land or waters, or interest therein, 
     in accordance with statutory authority applicable to the 
     Forest Service, $128,877,000 to be derived from the Land and 
     Water Conservation Fund, to remain available until expended, 
     and to be for the conservation activities defined in section 
     250(c)(4)(E)(iv) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, for the purposes of such 
     Act.


         acquisition of lands for national forests special acts

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


            acquisition of lands to complete land exchanges

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

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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


        Management of National Forest Lands for Subsistence Uses

       For necessary expenses of the Forest Service to manage 
     federal lands in Alaska for subsistence uses under title VIII 
     of the Alaska National Interest Lands Conservation Act 
     (Public Law 96-487), $5,488,000, to remain available until 
     expended.


               ADMINISTRATIVE PROVISIONS, FOREST SERVICE

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of not to exceed 
     132 passenger motor vehicles of which eight will be used 
     primarily for law enforcement purposes and of which 130 shall 
     be for replacement; acquisition of 25 passenger motor 
     vehicles from excess sources, and hire of such vehicles; 
     operation and maintenance of aircraft, the purchase of not to 
     exceed seven for replacement only, and acquisition of 
     sufficient aircraft from excess sources to maintain the 
     operable fleet at 195 aircraft for use in Forest Service 
     wildland fire programs and other Forest Service programs; 
     notwithstanding other provisions of law, existing aircraft 
     being replaced may be sold, with proceeds derived or trade-in 
     value used to offset the purchase price for the replacement 
     aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to 
     exceed $100,000 for employment under 5 U.S.C. 3109; (3) 
     purchase, erection, and alteration of buildings and other 
     public improvements (7 U.S.C. 2250); (4) acquisition of land, 
     waters, and interests therein, including the Oscoda-Wurtsmith 
     land exchange in Michigan, pursuant to 7 U.S.C. 428a; (5) for 
     expenses pursuant to the Volunteers in the National Forest 
     Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the 
     cost of uniforms as

[[Page 12867]]

     authorized by 5 U.S.C. 5901-5902; and (7) for debt collection 
     contracts in accordance with 31 U.S.C. 3718(c).
       None of the funds made available under this Act shall be 
     obligated or expended to abolish any region, to move or close 
     any regional office for National Forest System administration 
     of the Forest Service, Department of Agriculture without the 
     consent of the House and Senate Committees on Appropriations.
       Any appropriations or funds available to the Forest Service 
     may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions if and only if all previously appropriated 
     emergency contingent funds under the heading ``Wildland Fire 
     Management'' have been released by the President and 
     apportioned.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development and the Foreign Agricultural Service in 
     connection with forest and rangeland research, technical 
     information, and assistance in foreign countries, and shall 
     be available to support forestry and related natural resource 
     activities outside the United States and its territories and 
     possessions, including technical assistance, education and 
     training, and cooperation with United States and 
     international organizations.
       None of the funds made available to the Forest Service 
     under this Act shall be subject to transfer under the 
     provisions of section 702(b) of the Department of Agriculture 
     Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless 
     the proposed transfer is approved in advance by the House and 
     Senate Committees on Appropriations in compliance with the 
     reprogramming procedures contained in House Report No. 105-
     163.
       None of the funds available to the Forest Service may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     procedures contained in House Report No. 105-163.
       No funds appropriated to the Forest Service shall be 
     transferred to the Working Capital Fund of the Department of 
     Agriculture without the approval of the Chief of the Forest 
     Service.
       Funds available to the Forest Service shall be available to 
     conduct a program of not less than $2,000,000 for high 
     priority projects within the scope of the approved budget 
     which shall be carried out by the Youth Conservation Corps, 
     defined in section 250(c)(4)(E)(xii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, for 
     the purposes of such Act.
       Of the funds available to the Forest Service, $2,500 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, up to 
     $2,250,000 may be advanced in a lump sum as Federal financial 
     assistance to the National Forest Foundation, without regard 
     to when the Foundation incurs expenses, for administrative 
     expenses or projects on or benefitting National Forest System 
     lands or related to Forest Service programs: Provided, That 
     of the Federal funds made available to the Foundation, no 
     more than $400,000 shall be available for administrative 
     expenses: Provided further, That the Foundation shall obtain, 
     by the end of the period of Federal financial assistance, 
     private contributions to match on at least one-for-one basis 
     funds made available by the Forest Service: Provided further, 
     That the Foundation may transfer Federal funds to a non-
     Federal recipient for a project at the same rate that the 
     recipient has obtained the non-Federal matching funds: 
     Provided further, That hereafter, the National Forest 
     Foundation may hold Federal funds made available but not 
     immediately disbursed and may use any interest or other 
     investment income earned (before, on, or after the date of 
     the enactment of this Act) on Federal funds to carry out the 
     purposes of Public Law 101-593: Provided further, That such 
     investments may be made only in interest-bearing obligations 
     of the United States or in obligations guaranteed as to both 
     principal and interest by the United States.
       Pursuant to section 2(b)(2) of Public Law 98-244, up to 
     $2,650,000 of the funds available to the Forest Service shall 
     be available for matching funds to the National Fish and 
     Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, 
     and may be advanced in a lump sum as Federal financial 
     assistance, without regard to when expenses are incurred, for 
     projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That the 
     Foundation shall obtain, by the end of the period of Federal 
     financial assistance, private contributions to match on at 
     least one-for-one basis funds advanced by the Forest Service: 
     Provided further, That the Foundation may transfer Federal 
     funds to a non-Federal recipient for a project at the same 
     rate that the recipient has obtained the non-Federal matching 
     funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities for sustainable rural development purposes.
       Notwithstanding any other provision of law, 80 percent of 
     the funds appropriated to the Forest Service in the 
     ``National Forest System'' and ``Capital Improvement and 
     Maintenance'' accounts and planned to be allocated to 
     activities under the ``Jobs in the Woods'' program for 
     projects on National Forest land in the State of Washington 
     may be granted directly to the Washington State Department of 
     Fish and Wildlife for accomplishment of planned projects. 
     Twenty percent of said funds shall be retained by the Forest 
     Service for planning and administering projects. Project 
     selection and prioritization shall be accomplished by the 
     Forest Service with such consultation with the State of 
     Washington as the Forest Service deems appropriate.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to sections 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       The Secretary of Agriculture is authorized to enter into 
     grants, contracts, and cooperative agreements as appropriate 
     with the Pinchot Institute for Conservation, as well as with 
     public and other private agencies, organizations, 
     institutions, and individuals, to provide for the 
     development, administration, maintenance, or restoration of 
     land, facilities, or Forest Service programs, at the Grey 
     Towers National Historic Landmark: Provided, That, subject to 
     such terms and conditions as the Secretary of Agriculture may 
     prescribe, any such public or private agency, organization, 
     institution, or individual may solicit, accept, and 
     administer private gifts of money and real or personal 
     property for the benefit of, or in connection with, the 
     activities and services at the Grey Towers National Historic 
     Landmark: Provided further, That such gifts may be accepted 
     notwithstanding the fact that a donor conducts business with 
     the Department of Agriculture in any capacity.
       Funds appropriated to the Forest Service shall be 
     available, as determined by the Secretary, for payments to 
     Del Norte County, California, pursuant to sections 13(e) and 
     14 of the Smith River National Recreation Area Act (Public 
     Law 101-612).
       Notwithstanding any other provision of law, any 
     appropriations or funds available to the Forest Service not 
     to exceed $500,000 may be used to reimburse the Office of the 
     General Counsel (OGC), Department of Agriculture, for travel 
     and related expenses incurred as a result of OGC assistance 
     or participation requested by the Forest Service at meetings, 
     training sessions, management reviews, land purchase 
     negotiations and similar non-litigation related matters. 
     Future budget justifications for both the Forest Service and 
     the Department of Agriculture should clearly display the sums 
     previously transferred and the requested funding transfers.
       The Forest Service shall fund indirect expenses, that is 
     expenses not directly related to specific programs or to the 
     accomplishment of specific work on-the-ground, from any funds 
     available to the Forest Service: Provided, That the Forest 
     Service shall implement and adhere to the definitions of 
     indirect expenditures established pursuant to Public Law 105-
     277 on a nationwide basis without flexibility for 
     modification by any organizational level except the 
     Washington Office, and when changed by the Washington Office, 
     such changes in definition shall be reported in budget 
     requests submitted by the Forest Service: Provided further, 
     That the Forest Service shall provide in all future budget 
     justifications, planned indirect expenditures in accordance 
     with the definitions, summarized and displayed to the 
     Regional, Station, Area, and detached unit office level. The 
     justification shall display the estimated source and amount 
     of indirect expenditures, by expanded budget line item, of 
     funds in the agency's annual budget justification. The 
     display shall include appropriated funds and the Knutson-
     Vandenberg, Brush Disposal, Cooperative Work-Other, and 
     Salvage Sale funds. Changes between estimated and actual 
     indirect expenditures shall be reported in subsequent budget 
     justifications: Provided, That during fiscal year 2002 the 
     Secretary shall limit total annual indirect obligations from 
     the Brush Disposal, Knutson-Vandenberg, Reforestation, 
     Salvage Sale, and Roads and Trails funds to 20 percent of the 
     total obligations from each fund. Obligations in excess of 20 
     percent which would otherwise be charged to the above funds 
     may be charged to appropriated funds available to the Forest 
     Service subject to notification of the Committees on 
     Appropriations of the House and Senate.
       Any appropriations or funds available to the Forest Service 
     may be used for necessary expenses in the event of law 
     enforcement emergencies as necessary to protect natural 
     resources and public or employee safety: Provided, That such 
     amounts shall not exceed $750,000.
       The Secretary of Agriculture may authorize the sale of 
     excess buildings, facilities, and other properties owned by 
     the Forest Service and located on the Green Mountain National 
     Forest, the revenues of which shall be retained by the Forest 
     Service and available to the Secretary without further 
     appropriation and until expended for maintenance and 
     rehabilitation activities on the Green Mountain National 
     Forest.

                          DEPARTMENT OF ENERGY


                 Fossil Energy Research and Development

                     (including transfers of funds)

       For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, and for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and

[[Page 12868]]

     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), 
     $604,090,000, to remain available until expended, of which 
     $11,000,000 is to begin construction, renovation, acquisition 
     of furnishings, and demolition or removal of buildings at 
     National Energy Technology Laboratory facilities in 
     Morgantown, West Virginia and Pittsburgh, Pennsylvania, and 
     of which $33,700,000 shall be derived by transfer from funds 
     appropriated in prior years under the heading ``Clean Coal 
     Technology'', and of which $150,000,000 is to be made 
     available, after coordination with the private sector, for a 
     request for proposals for a Clean Coal Power Initiative 
     providing for competitively-awarded demonstrations of 
     commercial scale technologies to reduce the barriers to 
     continued and expanded coal use: Provided, That the request 
     for proposals shall be issued no later than one hundred and 
     twenty days following enactment of this Act, proposals shall 
     be submitted no later than ninety days after the issuance of 
     the request for proposals, and the Department of Energy shall 
     make project selections no later than one hundred and sixty 
     days after the receipt of proposals: Provided further, That 
     funds shall be expended in accordance with the provisions 
     governing the use of funds contained under the heading 
     ``Clean Coal Technology'' in prior appropriations: Provided 
     further, That the Department may include provisions for 
     repayment of Government contributions to individual projects 
     in an amount up to the Government contribution to the project 
     on terms and conditions that are acceptable to the Department 
     including repayments from sale and licensing of technologies 
     from both domestic and foreign transactions: Provided 
     further, That such repayments shall be retained by the 
     Department for future coal-related research, development and 
     demonstration projects: Provided further, That any technology 
     selected under this program shall be considered a Clean Coal 
     Technology, and any project selected under this program shall 
     be considered a Clean Coal Technology Project, for the 
     purposes of 42 U.S.C. Sec. 7651n, and Chapters 51, 52, and 60 
     of title 40 of the Code of Federal Regulations: Provided 
     further, That no part of the sum herein made available shall 
     be used for the field testing of nuclear explosives in the 
     recovery of oil and gas: Provided further, That up to 4 
     percent of program direction funds available to the National 
     Energy Technology Laboratory may be used to support 
     Department of Energy activities not included in this account.


                      Alternative Fuels Production

                              (rescission)

       Of the unobligated balances under this heading, $2,000,000 
     are rescinded.

                 naval petroleum and oil shale reserves

       For expenses necessary to carry out naval petroleum and oil 
     shale reserve activities, $17,371,000, to remain available 
     until expended: Provided, That, notwithstanding any other 
     provision of law, unobligated funds remaining from prior 
     years shall be available for all naval petroleum and oil 
     shale reserve activities.


                      Elk Hills School Lands Fund

       For necessary expenses in fulfilling installment payments 
     under the Settlement Agreement entered into by the United 
     States and the State of California on October 11, 1996, as 
     authorized by section 3415 of Public Law 104-106, 
     $36,000,000, to become available on October 1, 2002 for 
     payment to the State of California for the State Teachers' 
     Retirement Fund from the Elk Hills School Lands Fund.


                          Energy Conservation

       For necessary expenses in carrying out energy conservation 
     activities, $870,805,000, to remain available until expended: 
     Provided, That $251,000,000 shall be for use in energy 
     conservation grant programs as defined in section 3008(3) of 
     Public Law 99-509 (15 U.S.C. 4507): Provided further, That 
     notwithstanding section 3003(d)(2) of Public Law 99-509, such 
     sums shall be allocated to the eligible programs as follows: 
     $213,000,000 for weatherization assistance grants and 
     $38,000,000 for State energy conservation grants.


                          Economic Regulation

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


                      Strategic Petroleum Reserve

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), $169,009,000, 
     to remain available until expended, of which $8,000,000 shall 
     be available for maintenance of a Northeast Home Heating Oil 
     Reserve.


                   Energy Information Administration

       For necessary expenses in carrying out the activities of 
     the Energy Information Administration, $75,499,000, to remain 
     available until expended.

            administrative provisions, department of energy

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         Indian Health Services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $2,388,614,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 238(b) 
     for services furnished by the Indian Health Service: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation: Provided further, That $15,000,000 shall remain 
     available until expended, for the Indian Catastrophic Health 
     Emergency Fund: Provided further, That $430,776,000 for 
     contract medical care shall remain available for obligation 
     until September 30, 2003: Provided further, That of the funds 
     provided, up to $22,000,000 shall be used to carry out the 
     loan repayment program under section 108 of the Indian Health 
     Care Improvement Act: Provided further, That funds provided 
     in this Act may be used for one-year contracts and grants 
     which are to be performed in two fiscal years, so long as the 
     total obligation is recorded in the year for which the funds 
     are appropriated: Provided further, That the amounts 
     collected by the Secretary of Health and Human Services under 
     the authority of title IV of the Indian Health Care 
     Improvement Act shall remain available until expended for the 
     purpose of achieving compliance with the applicable 
     conditions and requirements of titles XVIII and XIX of the 
     Social Security Act (exclusive of planning, design, or 
     construction of new facilities): Provided further, That 
     funding contained herein, and in any earlier appropriations 
     Acts for scholarship programs under the Indian Health Care 
     Improvement Act (25 U.S.C. 1613) shall remain available for 
     obligation until September 30, 2003: Provided further, That 
     amounts received by tribes and tribal organizations under 
     title IV of the Indian Health Care Improvement Act shall be 
     reported and accounted for and available to the receiving 
     tribes and tribal organizations until expended: Provided 
     further, That, notwithstanding any other provision of law, of 
     the amounts provided herein, not to exceed $288,234,000 shall 
     be for payments to tribes and tribal organizations for 
     contract or grant support costs associated with contracts, 
     grants, self-governance compacts or annual funding agreements 
     between the Indian Health Service and a tribe or tribal 
     organization pursuant to the Indian Self-Determination Act of 
     1975, as amended, prior to or during fiscal year 2002, of 
     which up to $40,000,000 may be used for such costs associated 
     with the Navajo Nation's new and expanded contracts, grants, 
     self-governance compacts or annual funding agreements: 
     Provided further, That funds available for the Indian Health 
     Care Improvement Fund may be used, as needed, to carry out 
     activities typically funded under the Indian Health 
     Facilities account.


                        Indian Health Facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related

[[Page 12869]]

     auxiliary facilities, including quarters for personnel; 
     preparation of plans, specifications, and drawings; 
     acquisition of sites, purchase and erection of modular 
     buildings, and purchases of trailers; and for provision of 
     domestic and community sanitation facilities for Indians, as 
     authorized by section 7 of the Act of August 5, 1954 (42 
     U.S.C. 2004a), the Indian Self-Determination Act, and the 
     Indian Health Care Improvement Act, and for expenses 
     necessary to carry out such Acts and titles II and III of the 
     Public Health Service Act with respect to environmental 
     health and facilities support activities of the Indian Health 
     Service, $362,854,000, to remain available until expended: 
     Provided, That notwithstanding any other provision of law, 
     funds appropriated for the planning, design, construction or 
     renovation of health facilities for the benefit of an Indian 
     tribe or tribes may be used to purchase land for sites to 
     construct, improve, or enlarge health or related facilities: 
     Provided further, That from the funds appropriated herein, 
     $5,000,000 shall be designated by the Indian Health Service 
     as a contribution to the Yukon-Kuskokwim Health Corporation 
     (YKHC) to continue a priority project for the acquisition of 
     land, planning, design and construction of 79 staff quarters 
     at Bethel, Alaska, pursuant to the negotiated project 
     agreement between the YKHC and the Indian Health Service: 
     Provided further, That this project shall not be subject to 
     the construction provisions of the Indian Self-Determination 
     and Education Assistance Act and shall be removed from the 
     Indian Health Service priority list upon completion: Provided 
     further, That the Federal Government shall not be liable for 
     any property damages or other construction claims that may 
     arise from YKHC undertaking this project: Provided further, 
     That the land shall be owned or leased by the YKHC and title 
     to quarters shall remain vested with the YKHC: Provided 
     further, That $5,000,000 shall remain available until 
     expended for the purpose of funding joint venture health care 
     facility projects authorized under the Indian Health Care 
     Improvement Act, as amended: Provided further, That priority, 
     by rank order, shall be given to tribes with outpatient 
     projects on the existing Indian Health Services priority list 
     that have Service-approved planning documents, and can 
     demonstrate by March 1, 2002, the financial capability 
     necessary to provide an appropriate facility: Provided 
     further, That joint venture funds unallocated after March 1, 
     2002, shall be made available for joint venture projects on a 
     competitive basis giving priority to tribes that currently 
     have no existing Federally-owned health care facility, have 
     planning documents meeting Indian Health Service requirements 
     prepared for approval by the Service and can demonstrate the 
     financial capability needed to provide an appropriate 
     facility: Provided further, That the Indian Health Service 
     shall request additional staffing, operation and maintenance 
     funds for these facilities in future budget requests: 
     Provided further, That not to exceed $500,000 shall be used 
     by the Indian Health Service to purchase TRANSAM equipment 
     from the Department of Defense for distribution to the Indian 
     Health Service and tribal facilities: Provided further, That 
     not to exceed $500,000 shall be used by the Indian Health 
     Service to obtain ambulances for the Indian Health Service 
     and tribal facilities in conjunction with an existing 
     interagency agreement between the Indian Health Service and 
     the General Services Administration: Provided further, That 
     not to exceed $500,000 shall be placed in a Demolition Fund, 
     available until expended, to be used by the Indian Health 
     Service for demolition of Federal buildings: Provided 
     further, That notwithstanding the provisions of title III, 
     section 306, of the Indian Health Care Improvement Act 
     (Public Law 94-437, as amended), construction contracts 
     authorized under title I of the Indian Self-Determination and 
     Education Assistance Act of 1975, as amended, may be used 
     rather than grants to fund small ambulatory facility 
     construction projects: Provided further, That if a contract 
     is used, the IHS is authorized to improve municipal, private, 
     or tribal lands, and that at no time, during construction or 
     after completion of the project will the Federal Government 
     have any rights or title to any real or personal property 
     acquired as a part of the contract.


            Administrative Provisions, Indian Health Service

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

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation


                         Salaries and Expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        Payment to the Institute

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

                        Smithsonian Institution


                         Salaries and Expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease (for 
     terms not to exceed 30 years), and protection of buildings, 
     facilities, and approaches; not to exceed $100,000 for 
     services as authorized by 5 U.S.C. 3109; up to five 
     replacement passenger vehicles; purchase, rental, repair, and 
     cleaning of uniforms for employees, $401,192,000, of which 
     not to exceed $43,713,000 for the instrumentation program, 
     collections acquisition, exhibition reinstallation, the 
     National Museum of the American Indian, the repatriation of 
     skeletal remains program, research equipment, information 
     management, and Latino programming shall remain

[[Page 12870]]

     available until expended, and including such funds as may be 
     necessary to support American overseas research centers and a 
     total of $125,000 for the Council of American Overseas 
     Research Centers: Provided, That funds appropriated herein 
     are available for advance payments to independent contractors 
     performing research services or participating in official 
     Smithsonian presentations: Provided further, That the 
     Smithsonian Institution may expend Federal appropriations 
     designated in this Act for lease or rent payments for long 
     term and swing space, as rent payable to the Smithsonian 
     Institution, and such rent payments may be deposited into the 
     general trust funds of the Institution to the extent that 
     federally supported activities are housed in the 900 H 
     Street, N.W. building in the District of Columbia: Provided 
     further, That this use of Federal appropriations shall not be 
     construed as debt service, a Federal guarantee of, a transfer 
     of risk to, or an obligation of, the Federal Government: 
     Provided further, That no appropriated funds may be used to 
     service debt which is incurred to finance the costs of 
     acquiring the 900 H Street building or of planning, 
     designing, and constructing improvements to such building.


            Repair, Restoration and Alteration of Facilities

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


                              Construction

       For necessary expenses for construction, $25,000,000, to 
     remain available until expended.

           administrative provisions, smithsonian institution

       None of the funds in this or any other Act may be used to 
     initiate the design for any proposed expansion of current 
     space or new facility without consultation with the House and 
     Senate Appropriations Committees.
       None of the funds in this or any other Act may be used for 
     the Holt House located at the National Zoological Park in 
     Washington, D.C., unless identified as repairs to minimize 
     water damage, monitor structure movement, or provide interim 
     structural support.
       None of the funds in this or any other Act may be used to 
     make any changes to the existing Smithsonian science 
     programs, including closure of facilities, relocation of 
     staff or redirection of functions and programs, without 
     approval by the Board of Regents of recommendations received 
     from the Science Commission.
       None of the funds available to the Smithsonian may be 
     reprogrammed without the advance written approval of the 
     House and Senate Committees on Appropriations in accordance 
     with the procedures contained in House Report No. 105-163.

                        National Gallery of Art


                         salaries and expenses

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


            repair, restoration and renovation of buildings

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

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

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


                              construction

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

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $98,234,000 shall be available to the National Endowment for 
     the Arts for the support of projects and productions in the 
     arts through assistance to organizations and individuals 
     pursuant to sections 5(c) and 5(g) of the Act, for program 
     support, and for administering the functions of the Act, to 
     remain available until expended.

                 National Endowment for the Humanities


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $109,882,000, shall be available to the National Endowment 
     for the Humanities for support of activities in the 
     humanities, pursuant to section 7(c) of the Act, and for 
     administering the functions of the Act, to remain available 
     until expended.


                            matching grants

       To carry out the provisions of section 10(a)(2) of the 
     National Foundation on the Arts and the Humanities Act of 
     1965, as amended, $15,622,000, to remain available until 
     expended, of which $11,622,000 shall be available to the 
     National Endowment for the Humanities for the purposes of 
     section 7(h): Provided, That this appropriation shall be 
     available for obligation only in such amounts as may be equal 
     to the total amounts of gifts, bequests, and devises of 
     money, and other property accepted by the chairman or by 
     grantees of the Endowment under the provisions of subsections 
     11(a)(2)(B) and 11(a)(3)(B) during the current and preceding 
     fiscal years for which equal amounts have not previously been 
     appropriated.

                Institute of Museum and Library Services

                       office of museum services


                       grants and administration

       For carrying out subtitle C of the Museum and Library 
     Services Act of 1996, as amended, $26,899,000, to remain 
     available until expended.

                      Challenge America Arts Fund


                        challenge america grants

       For necessary expenses as authorized by Public Law 89-209, 
     as amended, $17,000,000 for support for arts education and 
     public outreach activities to be administered by the National 
     Endowment for the Arts, to remain available until expended.


                       Administrative Provisions

       None of the funds appropriated to the National Foundation 
     on the Arts and the Humanities may be used to process any 
     grant or contract documents which do not include the text of 
     18 U.S.C. 1913: Provided, That none of the funds appropriated 
     to the National Foundation on the Arts and the Humanities may 
     be used for official reception and representation expenses: 
     Provided further, That funds from nonappropriated sources may 
     be used as necessary for official reception and 
     representation expenses.

                        Commission of Fine Arts


                         Salaries and Expenses

       For expenses made necessary by the Act establishing a 
     Commission of Fine Arts (40 U.S.C. 104), $1,174,000: 
     Provided, That the Commission is authorized to charge fees to 
     cover the full costs of its publications, and such fees shall 
     be credited to this account as an offsetting collection, to 
     remain available until expended without further 
     appropriation.


               National Capital Arts and Cultural Affairs

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

               Advisory Council on Historic Preservation


                         Salaries and Expenses

       For necessary expenses of the Advisory Council on Historic 
     Preservation (Public Law 89-665, as amended), $3,310,000: 
     Provided, That none of these funds shall be available for 
     compensation of level V of the Executive Schedule or higher 
     positions.

                  National Capital Planning Commission


                         Salaries and Expenses

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

                United States Holocaust Memorial Museum


                       Holocaust Memorial Museum

       For expenses of the Holocaust Memorial Museum, as 
     authorized by Public Law 106-292 (36

[[Page 12871]]

     U.S.C. 2301-2310), $36,028,000, of which $1,900,000 for the 
     museum's repair and rehabilitation program and $1,264,000 for 
     the museum's exhibitions program shall remain available until 
     expended.

                             Presidio Trust


                          Presidio Trust fund

       For necessary expenses to carry out title I of the Omnibus 
     Parks and Public Lands Management Act of 1996, $23,125,000 
     shall be available to the Presidio Trust, to remain available 
     until expended.

                     TITLE III--GENERAL PROVISIONS

       Sec. 301. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 302. No part of any appropriation under this Act shall 
     be available to the Secretary of the Interior or the 
     Secretary of Agriculture for the leasing of oil and natural 
     gas by noncompetitive bidding on publicly owned lands within 
     the boundaries of the Shawnee National Forest, Illinois: 
     Provided, That nothing herein is intended to inhibit or 
     otherwise affect the sale, lease, or right to access to 
     minerals owned by private individuals.
       Sec. 303. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which congressional action is not complete.
       Sec. 304. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 305. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 306. No assessments may be levied against any program, 
     budget activity, subactivity, or project funded by this Act 
     unless advance notice of such assessments and the basis 
     therefor are presented to the Committees on Appropriations 
     and are approved by such committees.
       Sec. 307. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (Sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 2001.
       Sec. 308. None of the funds made available by this Act may 
     be obligated or expended by the National Park Service to 
     enter into or implement a concession contract which permits 
     or requires the removal of the underground lunchroom at the 
     Carlsbad Caverns National Park.
       Sec. 309. None of the funds made available in this Act may 
     be used: (1) to demolish the bridge between Jersey City, New 
     Jersey, and Ellis Island; or (2) to prevent pedestrian use of 
     such bridge, when such pedestrian use is consistent with 
     generally accepted safety standards.
       Sec. 310. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.
       (b) Exceptions.--The provisions of subsection (a) shall not 
     apply if the Secretary of the Interior determines that, for 
     the claim concerned: (1) a patent application was filed with 
     the Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Report.--On September 30, 2002, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on actions taken by the 
     Department under the plan submitted pursuant to section 
     314(c) of the Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have the 
     sole responsibility to choose and pay the third-party 
     contractor in accordance with the standard procedures 
     employed by the Bureau of Land Management in the retention of 
     third-party contractors.
       Sec. 311. Notwithstanding any other provision of law, 
     amounts appropriated to or earmarked in committee reports for 
     the Bureau of Indian Affairs and the Indian Health Service by 
     Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
     277, 106-113, and 106-291 for payments to tribes and tribal 
     organizations for contract support costs associated with 
     self-determination or self-governance contracts, grants, 
     compacts, or annual funding agreements with the Bureau of 
     Indian Affairs or the Indian Health Service as funded by such 
     Acts, are the total amounts available for fiscal years 1994 
     through 2001 for such purposes, except that, for the Bureau 
     of Indian Affairs, tribes and tribal organizations may use 
     their tribal priority allocations for unmet indirect costs of 
     ongoing contracts, grants, self-governance compacts or annual 
     funding agreements.
       Sec. 312. Notwithstanding any other provision of law, for 
     fiscal year 2002 the Secretaries of Agriculture and the 
     Interior are authorized to limit competition for watershed 
     restoration project contracts as part of the ``Jobs in the 
     Woods'' Program established in Region 10 of the Forest 
     Service to individuals and entities in historically timber-
     dependent areas in the States of Washington, Oregon, northern 
     California and Alaska that have been affected by reduced 
     timber harvesting on Federal lands. The Secretaries shall 
     consider the benefits to the local economy in evaluating bids 
     and designing procurements which create economic 
     opportunities for local contractors.
       Sec. 313. None of the funds collected under the 
     Recreational Fee Demonstration program may be used to plan, 
     design, or construct a visitor center or any other permanent 
     structure without prior approval of the House and the Senate 
     Committees on Appropriations if the estimated total cost of 
     the facility exceeds $500,000.
       Sec. 314. None of the funds made available in this or any 
     other Act for any fiscal year may be used to designate, or to 
     post any sign designating, any portion of Canaveral National 
     Seashore in Brevard County, Florida, as a clothing-optional 
     area or as an area in which public nudity is permitted, if 
     such designation would be contrary to county ordinance.
       Sec. 315. Of the funds provided to the National Endowment 
     for the Arts--
       (1) The Chairperson shall only award a grant to an 
     individual if such grant is awarded to such individual for a 
     literature fellowship, National Heritage Fellowship, or 
     American Jazz Masters Fellowship.
       (2) The Chairperson shall establish procedures to ensure 
     that no funding provided through a grant, except a grant made 
     to a State or local arts agency, or regional group, may be 
     used to make a grant to any other organization or individual 
     to conduct activity independent of the direct grant 
     recipient. Nothing in this subsection shall prohibit payments 
     made in exchange for goods and services.
       (3) No grant shall be used for seasonal support to a group, 
     unless the application is specific to the contents of the 
     season, including identified programs and/or projects.
       Sec. 316. The National Endowment for the Arts and the 
     National Endowment for the Humanities are authorized to 
     solicit, accept, receive, and invest in the name of the 
     United States, gifts, bequests, or devises of money and other 
     property or services and to use such in furtherance of the 
     functions of the National Endowment for the Arts and the 
     National Endowment for the Humanities. Any proceeds from such 
     gifts, bequests, or devises, after acceptance by the National 
     Endowment for the Arts or the National Endowment for the 
     Humanities, shall be paid by the donor or the representative 
     of the donor to the Chairman. The Chairman shall enter the 
     proceeds in a special interest-bearing account to the credit 
     of the appropriate endowment for the purposes specified in 
     each case.
       Sec. 317. (a) In providing services or awarding financial 
     assistance under the National Foundation on the Arts and the 
     Humanities Act of 1965 from funds appropriated under this 
     Act, the Chairperson of the National Endowment for the Arts 
     shall ensure that priority is given to providing services or 
     awarding financial assistance for projects, productions, 
     workshops, or programs that serve underserved populations.
       (b) In this section:
       (1) The term ``underserved population'' means a population 
     of individuals, including urban minorities, who have 
     historically been outside the purview of arts and humanities 
     programs due to factors such as a high incidence of income 
     below the poverty line or to geographic isolation.
       (2) The term ``poverty line'' means the poverty line (as 
     defined by the Office of Management and Budget, and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
     family of the size involved.
       (c) In providing services and awarding financial assistance 
     under the National Foundation on the Arts and Humanities Act 
     of 1965 with funds appropriated by this Act, the Chairperson 
     of the National Endowment for the Arts shall ensure that 
     priority is given to providing services or awarding financial 
     assistance for projects, productions, workshops, or programs 
     that will encourage public knowledge, education, 
     understanding, and appreciation of the arts.
       (d) With funds appropriated by this Act to carry out 
     section 5 of the National Foundation on the Arts and 
     Humanities Act of 1965--
       (1) the Chairperson shall establish a grant category for 
     projects, productions, workshops, or programs that are of 
     national impact or availability or are able to tour several 
     States;
       (2) the Chairperson shall not make grants exceeding 15 
     percent, in the aggregate, of such funds to any single State, 
     excluding grants made under the authority of paragraph (1);
       (3) the Chairperson shall report to the Congress annually 
     and by State, on grants awarded by the Chairperson in each 
     grant category under section 5 of such Act; and

[[Page 12872]]

       (4) the Chairperson shall encourage the use of grants to 
     improve and support community-based music performance and 
     education.
       Sec. 318. No part of any appropriation contained in this 
     Act shall be expended or obligated to complete and issue the 
     5-year program under the Forest and Rangeland Renewable 
     Resources Planning Act.
       Sec. 319. None of the funds in this Act may be used to 
     support Government-wide administrative functions unless such 
     functions are justified in the budget process and funding is 
     approved by the House and Senate Committees on 
     Appropriations.
       Sec. 320. None of the funds in this Act may be used for 
     planning, design or construction of improvements to 
     Pennsylvania Avenue in front of the White House without the 
     advance approval of the House and Senate Committees on 
     Appropriations.
       Sec. 321. Amounts deposited during fiscal year 2001 in the 
     roads and trails fund provided for in the fourteenth 
     paragraph under the heading ``FOREST SERVICE'' of the Act of 
     March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by 
     the Secretary of Agriculture, without regard to the State in 
     which the amounts were derived, to repair or reconstruct 
     roads, bridges, and trails on National Forest System lands or 
     to carry out and administer projects to improve forest health 
     conditions, which may include the repair or reconstruction of 
     roads, bridges, and trails on National Forest System lands in 
     the wildland-community interface where there is an abnormally 
     high risk of fire. The projects shall emphasize reducing 
     risks to human safety and public health and property and 
     enhancing ecological functions, long-term forest 
     productivity, and biological integrity. The projects may be 
     completed in a subsequent fiscal year. Funds shall not be 
     expended under this section to replace funds which would 
     otherwise appropriately be expended from the timber salvage 
     sale fund. Nothing in this section shall be construed to 
     exempt any project from any environmental law.
       Sec. 322. Other than in emergency situations, none of the 
     funds in this Act may be used to operate telephone answering 
     machines during core business hours unless such answering 
     machines include an option that enables callers to reach 
     promptly an individual on-duty with the agency being 
     contacted.
       Sec. 323. No timber sale in Region 10 shall be advertised 
     if the indicated rate is deficit when appraised under the 
     transaction evidence appraisal system using domestic Alaska 
     values for western red cedar: Provided, That sales which are 
     deficit when appraised under the transaction evidence 
     appraisal system using domestic Alaska values for western red 
     cedar may be advertised upon receipt of a written request by 
     a prospective, informed bidder, who has the opportunity to 
     review the Forest Service's cruise and harvest cost estimate 
     for that timber. Program accomplishments shall be based on 
     volume sold. Should Region 10 sell, in fiscal year 2002, the 
     annual average portion of the decadal allowable sale quantity 
     called for in the current Tongass Land Management Plan in 
     sales which are not deficit when appraised under the 
     transaction evidence appraisal system using domestic Alaska 
     values for western red cedar, all of the western red cedar 
     timber from those sales which is surplus to the needs of 
     domestic processors in Alaska, shall be made available to 
     domestic processors in the contiguous 48 United States at 
     prevailing domestic prices. Should Region 10 sell, in fiscal 
     year 2002, less than the annual average portion of the 
     decadal allowable sale quantity called for in the current 
     Tongass Land Management Plan in sales which are not deficit 
     when appraised under the transaction evidence appraisal 
     system using domestic Alaska values for western red cedar, 
     the volume of western red cedar timber available to domestic 
     processors at prevailing domestic prices in the contiguous 48 
     United States shall be that volume: (i) which is surplus to 
     the needs of domestic processors in Alaska; and (ii) is that 
     percent of the surplus western red cedar volume determined by 
     calculating the ratio of the total timber volume which has 
     been sold on the Tongass to the annual average portion of the 
     decadal allowable sale quantity called for in the current 
     Tongass Land Management Plan. The percentage shall be 
     calculated by Region 10 on a rolling basis as each sale is 
     sold (for purposes of this amendment, a ``rolling basis'' 
     shall mean that the determination of how much western red 
     cedar is eligible for sale to various markets shall be made 
     at the time each sale is awarded). Western red cedar shall be 
     deemed ``surplus to the needs of domestic processors in 
     Alaska'' when the timber sale holder has presented to the 
     Forest Service documentation of the inability to sell western 
     red cedar logs from a given sale to domestic Alaska 
     processors at price equal to or greater than the log selling 
     value stated in the contract. All additional western red 
     cedar volume not sold to Alaska or contiguous 48 United 
     States domestic processors may be exported to foreign markets 
     at the election of the timber sale holder. All Alaska yellow 
     cedar may be sold at prevailing export prices at the election 
     of the timber sale holder.
       Sec. 324. None of the funds appropriated by this Act shall 
     be used to propose or issue rules, regulations, decrees, or 
     orders for the purpose of implementation, or in preparation 
     for implementation, of the Kyoto Protocol which was adopted 
     on December 11, 1997, in Kyoto, Japan at the Third Conference 
     of the Parties to the United Nations Framework Convention on 
     Climate Change, which has not been submitted to the Senate 
     for advice and consent to ratification pursuant to article 
     II, section 2, clause 2, of the United States Constitution, 
     and which has not entered into force pursuant to article 25 
     of the Protocol.
       Sec. 325. The Forest Service, in consultation with the 
     Department of Labor, shall review Forest Service campground 
     concessions policy to determine if modifications can be made 
     to Forest Service contracts for campgrounds so that such 
     concessions fall within the regulatory exemption of 29 CFR 
     4.122(b). The Forest Service shall offer in fiscal year 2002 
     such concession prospectuses under the regulatory exemption, 
     except that, any prospectus that does not meet the 
     requirements of the regulatory exemption shall be offered as 
     a service contract in accordance with the requirements of 41 
     U.S.C. 351-358.
       Sec. 326. A project undertaken by the Forest Service under 
     the Recreation Fee Demonstration Program as authorized by 
     section 315 of the Department of the Interior and Related 
     Agencies Appropriations Act for Fiscal Year 1996, as amended, 
     shall not result in--
       (1) displacement of the holder of an authorization to 
     provide commercial recreation services on Federal lands. 
     Prior to initiating any project, the Secretary shall consult 
     with potentially affected holders to determine what impacts 
     the project may have on the holders. Any modifications to the 
     authorization shall be made within the terms and conditions 
     of the authorization and authorities of the impacted agency.
       (2) the return of a commercial recreation service to the 
     Secretary for operation when such services have been provided 
     in the past by a private sector provider, except when--
       (A) the private sector provider fails to bid on such 
     opportunities;
       (B) the private sector provider terminates its relationship 
     with the agency; or
       (C) the agency revokes the permit for non-compliance with 
     the terms and conditions of the authorization.
     In such cases, the agency may use the Recreation Fee 
     Demonstration Program to provide for operations until a 
     subsequent operator can be found through the offering of a 
     new prospectus.
       Sec. 327. The authority to enter into stewardship and end 
     result contracts provided to the Forest Service in accordance 
     with section 347 of title III of section 101(e) of division A 
     of Public Law 105-277 is hereby expanded to authorize the 
     Forest Service to enter into an additional 28 contracts 
     subject to the same terms and conditions as provided in that 
     section: Provided, That of the additional contracts 
     authorized by this section at least 9 shall be allocated to 
     Region 1 and at least 3 to Region 6.
       Sec. 328. Any regulations or policies promulgated or 
     adopted by the Departments of Agriculture or the Interior 
     regarding recovery of costs for processing authorizations to 
     occupy and use Federal lands under their control shall adhere 
     to and incorporate the following principle arising from 
     Office of Management and Budget Circular, A-25; no charge 
     should be made for a service when the identification of the 
     specific beneficiary is obscure, and the service can be 
     considered primarily as benefiting broadly the general 
     public.
       Sec. 329. Notwithstanding any other provision of law, for 
     fiscal year 2002, the Secretary of Agriculture is authorized 
     to limit competition for fire and fuel treatment and 
     watershed restoration contracts in the Giant Sequoia National 
     Monument and the Sequoia National Forest. Preference for 
     employment shall be given to dislocated and displaced workers 
     in Tulare, Kern and Fresno Counties, California, for work 
     associated with the establishment of the Giant Sequoia 
     National Monument.
       Sec. 330. The Secretary of Agriculture, acting through the 
     Chief of the Forest Service shall:
       (1) extend the special use permit for the Sioux Charlie 
     Cabin in the Absaroka Beartooth Wilderness Area, Montana, 
     held by Montana State University--Billings for a period of 50 
     years; and
       (2) solicit public comments at the end of the 50 year 
     period to determine whether another extension should be 
     granted.
       Sec. 331. Section 323 of the Department of the Interior and 
     Related Agencies Appropriations Act, 1999, as included in 
     Public Law 105-277, Division A, section 101(e), is amended by 
     striking ``and 2001,'' and inserting ``, 2001 and 2002,''.
       Sec. 332. Section 551(c) of the Land Between the Lakes 
     Protection Act of 1998 (16 U.S.C. 460lll-61(c)) is amended by 
     striking ``2002'' and inserting ``2004''.
       Sec. 333. Local Exemptions From Forest Service 
     Demonstration Program Fees. Section 6906 of Title 31, United 
     States Code, is amended--
       (1) by inserting ``(a) In General.--'' before 
     ``Necessary''; and
       (2) by adding at the end the following:
       ``(b) Local Exemptions From Demonstration Program Fees.--
       ``(1) In general.--Each unit of general local government 
     that lies in whole or in part within the White Mountain 
     National Forest and persons residing within the boundaries of 
     that unit of general local government shall be exempt during 
     that fiscal year from any requirement to pay a Demonstration 
     Program Fee (parking permit or passport) imposed by the 
     Secretary of Agriculture for access to the Forest.
       ``(2) Administration.--The Secretary of Agriculture shall 
     establish a method of identifying persons who are exempt from 
     paying user fees under paragraph (1). This method may include 
     valid form of identification including a drivers license.''.
       This Act may be cited as the ``Department of the Interior 
     and Related Agencies Appropriations Act, 2002''.


[[Page 12873]]

  Mr. REID. I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BYRD. Mr. President, I ask unanimous consent the order for the 
quorum call be terminated.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. BYRD. Mr. President, I am very honored to join with my colleague, 
the distinguished Senator from Montana, Mr. Burns, in bringing before 
the Senate H.R. 2217, the Interior and related agencies bill for fiscal 
year 2002, as amended, by the Senate Appropriations Committee.
  This is the first of the 13 annual appropriations measures to be 
considered by the Senate this year. In my opinion, this is a well-
crafted bill. It balances both the needs of the American people and the 
resources available to the committee. We only have so much money 
available and ``we ain't going to spend what we ain't got.''
  That being the situation then, I urge my colleagues to adopt this 
bill in a timely fashion so we can proceed to conference with the House 
of Representatives. We have gotten a late start this year and we have 
to work hard and long to catch up. Darkness may have fallen, from time 
to time, before we catch up on these appropriations bills.
  H.R. 2217 provides more than $1.2 billion in much-needed funding to 
attack the deferred maintenance problems at our national parks, our 
national wildlife refuges, our national forests, and other federal 
recreational facilities across this nation. The bill would provide $480 
million to the National Park Service, $108 million to the Fish and 
Wildlife Service, $78 million to the Bureau of Land Management, and 
$541 million to the Forest Service for literally hundreds, hundreds and 
hundreds of important maintenance projects.
  In addition, the bill restores $35 million in abandoned mine clean-up 
funds that were unwisely proposed to be cut by the administration. We 
are not going down that road, Mr. President. It restores nearly $80 
million in proposed cuts to the budget of the U.S. Geological Survey, a 
matter of great importance to many of our colleagues. The bill fully 
funds the construction needs of the next six schools on the priority 
list of the Bureau of Indian Affairs, while increasing funding for the 
Indian Health Service. It increases funding for important energy 
research programs overseen by Department of Energy, another issue of 
particular importance to those from the West. Finally, this bill 
provides nearly $895 million in funding for various cultural agencies: 
agencies such as the Smithsonian Institution, the National Gallery of 
Art, the Kennedy Center for the Performing Arts, the National Endowment 
for the Arts, the National Endowment for the Humanities, and the Office 
of Museum Services.
  I am proud of the fact that the committee has kept its previous 
commitment and has fully funded the Conservation Spending Category 
established in title VIII of last year's Interior appropriations bill. 
Included in that amount is $406 million for federal land acquisition; 
$221 million for State and other conservation programs such as 
endangered species programs and wetland conservation programs; $137 
million for historic preservation programs; an additional $50 million 
for the Payment-In-Lieu-of-Taxes program; and $180 million for Federal 
infrastructure improvements.
  This is a well-balanced bill, given the demands placed on the 
committee as a result of 1,799 Member requests versus the resources 
available to it. Despite that, I know there are Members who are 
passionate about some of the programs funded in this bill, and they 
would like to increase funding in one area or another. I appreciate 
that. I respect the right of every Member to come to the floor and 
offer such an amendment. But let me unfurl the warning flag. As 
reported by the Appropriations Committee, this bill is fully consistent 
with the 302(b) allocation provided to the Interior Subcommittee.
  In short, in plain, simple, mountain language, that means there is no 
extra money on the table waiting to be spent--none, no extra money 
waiting on the table, waiting to be spent.
  Friends, Romans, countrymen, lend me your ears: There is no extra 
money on the table. Any amendment proposing to increase spending in one 
area of the bill will have to be offset with a cut in some other area. 
Any Senator who wishes to add money may have to think whether or not he 
wants to take that money away from Conrad Burns or the minority leader 
or the majority leader or the humble slave, Robert C. Byrd.
  With respect to offsets, let me add that Senator Burns and I, as 
managers of this bill, will generally oppose amendments which propose 
to cut the so-called travel and administrative expenses accounts.
  The agencies funded in this bill have done a good job generally in 
trimming these expenses to the bone, and unless Members are willing to 
offer real, honest to goodness programmatic cuts as a way to pay for 
their amendments, we will oppose all bogus offsets.
  I urge my colleagues to come to the floor. I have heard it said that 
some Senators think we are working too hard in the Senate. Let the 
record show that a great stillness fell over the Chamber upon my saying 
that. I have heard rumors that some Senators are concerned that we are 
working too late, too long, too hard.
  It is mortifying to hear such rumors. I can remember when for Easter 
Sunday we were out on Friday and came back here on Monday. We didn't 
used to have so-called ``breaks.'' We were also in session Mondays 
through Fridays, and sometimes we were in on Saturdays.
  God made the universe--all of creation, the beasts of the fields, the 
fowl of the air, fruits and herb yielding seed--and he made man, not in 
3 days. He didn't have a 3-day work week.
  We have gotten used to 3-day workweeks here; come in late on Tuesday, 
vote late on Tuesday, vote on Wednesday, vote Thursday, and be out 
Friday, out Saturday, and out Sunday. God said keep the Sabbath day 
holy. But that is not why the Senate lets out on Sunday.
  Let us not be stunned if we are asked to work a little later or a 
little longer. I would be happy to start voting on Monday and vote late 
on Friday. I would just as soon be here as to be at home on Saturday 
mopping the floor.
  Let some of these Senators learn how to mop the floor for their 
wives. Then they, too, will probably be married 64 years, as I have 
been. Mop the floor, keep the wrists and the fingers strong. There is 
no arthritis in my fingers. They tremble, but the bones are strong. The 
wrists are strong, You would be surprised how many men I can wrestle to 
their knees with these strong wrists. These strong wrists come from 
mopping the floors. Yes. I mop the bathroom. I mop the kitchen floor. I 
mop the utility room. I vacuum. I dust. It is good for me. It keeps me 
humble. I even clean the commodes around my house. Things have changed 
in this country. It used to be that we ate on the inside of the house 
and went outside to the toilet. But anymore we eat on the outside of 
the House and go inside to the toilet.
  A Senator? Surely, a Senator wouldn't be concerned about working a 
little longer or a little later. We have become spoiled. It is all 
right for Senator Reid and me to become spoiled on Fathers' Day. But to 
say that we don't want to vote on Mondays, and we don't want to vote on 
Tuesdays until after the conference--we didn't even have weekly 
conferences here when I was majority whip. We Democrats didn't have 
conferences every Tuesday. We didn't need them.
  But when I ran for the office of United States Senator for the eighth 
consecutive 6-year term, I didn't say just sign me up for 3 days a 
week. I didn't tell the majority leader when I was sworn in here, don't 
count on me on any Fridays or Saturdays. I didn't say that.
  I hope this is mere rumor that I hear that certain Senators have been 
complaining that they have been working

[[Page 12874]]

too long, too late, too many days a week. I hope the majority leader 
will keep us in late tonight. I hope he will keep us in late tomorrow 
night, if we don't finish this bill. I hope he will say we will be in 
Friday, and with votes, if we don't finish this bill today. And if we 
aren't finished by Saturday, I hope the leader will say: Let's go at 
it, boys. We will be in Saturday.
  But if there is a Senator who is complaining about working too hard, 
Mr. Majority Whip, tell them where my office is. While we are on this 
bill, I am for working. I want to get this bill finished. We have 12 
more appropriations bills behind this bill.
  I urge my colleagues to come to the floor today to offer any 
amendment they may have and to allow us to conclude debate on this 
measure no later than tomorrow so I can be with Lady Byrd and my little 
dog, Billy Byrd. The bill and report have been available for more than 
a week, and Senator Burns and I are here ready and willing to work with 
our colleagues.
  Mr. President, I thank, at this time, my colleague, Mr. Burns, for 
his steady hand and for the leadership he has demonstrated in the 
markup, in the hearings on the bill, and for his splendid cooperation, 
for his always charitable attitude toward other Senators, and for his 
fairness.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BURNS. Mr. President, I thank my good friend and colleague from 
West Virginia, the chairman of the Interior Appropriations 
Subcommittee. I am recommending that this body pass the Interior 
appropriations bill for fiscal year 2002.
  I join my colleague in what he said in relation to folks who would 
complain about working too much. I come from an agricultural 
background. I was raised on a small farm in northwest Missouri. My dad 
always had a little saying: When you look like a mule, you've got to 
work like one. So I guess I have hired on for the duration.
  We will get this bill completed. I was lucky enough to hold the 
chairmanship of this Interior Subcommittee earlier this year, and I 
made it a priority to move this bill forward in a noncontroversial and 
bipartisan way. I was extremely pleased to learn, when the Senator from 
West Virginia took control of the gavel, that he also shared this 
vision. He and his staff have been extremely gracious in dealing with 
all the requests before the subcommittee.
  The bill up for consideration is a delicate balance of meeting our 
Nation's needs while remaining fiscally responsible.
  Not everyone will be happy with every portion of this bill--it has 
never happened with this particular piece of legislation since I have 
been in the Senate for the last 12 years--but I can guarantee you, the 
bill is extremely fair. We had to make some tough choices, but I 
believe those who have worked with us to put this bill together will 
agree that the chairman has done an exemplary job in dealing with the 
resources we had available to us in the subcommittee.
  The bill before us provides over $18.5 billion in budget authority. 
This number is $343 million above the President's request; however, it 
is over $470 million less than has been requested by the House of 
Representatives and almost $420 million below last year's 
appropriations for the same activities.
  The unprecedented and unsustainable increases of previous years have 
been checked, but we have still upheld our commitments as stewards to 
our public lands.
  If time will allow, I would like to highlight some of the 
accomplishments in this bill.
  The Bureau of Land Management receives a substantial increase in 
funding to help address our Nation's energy needs while balancing these 
needs with the ongoing maintenance necessary to keep our public lands 
healthy.
  Initiatives of which I am especially proud include an increase in 
excess of $15 million over last year's level for energy and minerals 
management to help address the current backlog in energy-related 
permitting, an increase above the budget request for noxious weed 
research, control, and outreach, and the highest funding level ever for 
the payments in lieu of taxes account.
  Let me tell you, I am especially thankful to our chairman. Noxious 
weeds is not a great--for the lack of another word--``sexy'' issue. 
When you start talking about things around Washington, DC, folks do not 
think a lot about weeds, but they are something that we deal with 
across this Nation on a daily basis; and also payments in lieu of 
taxes, which means in the areas of counties that have a big 
preponderance of BLM land, they are paid, as if taxes will be collected 
on that land, by the Government. In other words, if the Federal 
Government has made the choice they want to own that land, then they 
have to pay taxes like everybody else--county taxes--that go to support 
schools, public services, roads, and other demands of local government.
  Our commitment to the Nation's wild spaces is continued in the U.S. 
Fish and Wildlife Service budget, which has received a $62 million 
increase over last year's level. This level allows us to address 
habitat needs while working with private landowners through brand new 
initiatives such as the Landowner Incentive Program. These new 
initiatives will allow us to focus on a new idea of working across 
land-ownership lines to do what is best to help the species and their 
needs.
  The National Park Service remains one of my top priorities. After 
all, I have two of the really crown jewels of the National Park System 
in my State: Yellowstone Park, of which part is in the State of our 
friends to the south, in Wyoming, and Glacier National Park. It 
receives an increase of almost $161 million above a year ago. This 
funding helps address our crumbling infrastructure in our most 
treasured public areas while increasing our assistance to States to 
protect the areas that are high on their priority lists.
  I am also pleased the bill provides $11 million for grants to 
preserve Civil War battlefields.
  Also, within the Bureau of Indian Affairs, no other priority is 
higher on my list than the education of our Native American children. 
We have been able to continue our aggressive attack on the construction 
backlog of schools in Indian country by providing funds to replace the 
next six schools on the Bureau of Indian Affairs' replacement list. 
Again, the chairman has done an admirable job in attempting to meet my 
request for a substantial increase in the operating funds available to 
tribally controlled community colleges. It remains one of my top 
priorities, and I hope to work with the chairman to increase the 
funding level even further in future years.
  We have seen great strides made, especially in the 2-year colleges on 
our reservations. In fact, the gentleman who operates one of the tribal 
colleges in our State is probably one of the best educators I have ever 
known, and the impact he has had on his people on that reservation has 
been tremendous.
  Additionally, I am pleased that we have been able to match the 
President's request for trust reform and management issues. And there 
are many.
  The Forest Service's largest initiative in recent years is the new 
Interagency Fire Plan. We have continued to support the efforts of the 
Bureau of Land Management and the Forest Service to address the 
dangerous buildup of fuel in our national forests and adjacent lands.
  Fire operations will continue to drain hundreds of millions of 
dollars again this year as we enter another historic fire year, but the 
investment in hazardous fuel reductions will pay off tenfold in future 
years.
  Last year was a devastating fire year in the West. We are still 
experiencing drought in those areas. We can expect fires again this 
year.
  Unfortunately, the Department of Energy received massive proposed 
cuts in this year's budget request. However, I believe the chairman has 
restored these accounts in a very responsible manner. Working with the 
rest of the committee and me, he has focused the fossil energy accounts 
toward technologies that will increase efficiency and the cleanliness 
of our aging power infrastructure, while addressing the negative 
impacts of power generation.

[[Page 12875]]

  We have started a new clean fuels initiative and increased our 
research in methods to control and capture greenhouse gases. The 
conservation accounts under the Department of Energy also receive 
substantial increases over last year, including an addition of over $60 
million from last year's weatherization assistance, and large increases 
to make our buildings and transportation methods more efficient.
  Finally, the conservation spending category created in last year's 
final appropriations negotiations has been retained, and the compromise 
of last year has been upheld both in the spirit and in the execution. 
The bill contains $1.32 billion for the conservation spending category, 
continuing our focus on protecting our wild areas while taking care of 
our publicly owned facilities.
  Clearly, a bill of this magnitude is difficult to craft, especially 
considering the volume of requests that we field in this subcommittee 
every year and those with which we have to deal. I thank the chairman 
for his willingness to address the requests of all Members to the best 
of his ability. I urge our colleagues to recognize his generosity and 
take a hard look at the bottom line prior to attempting to amend this 
bill.
  I also ask our colleagues to respect our collective request that 
legislative riders be avoided so we can get this bill to the President 
as soon as possible.
  Mr. CONRAD. Mr. President, I am pleased to rise today in support of 
H.R. 2217, the Interior and Related Agencies Appropriations Act for 
Fiscal Year 2002.
  The Senate provides $18.5 billion in nonemergency discretionary 
budget authority including an advance appropriation into 2002 of $36 
million, which will result in new outlays in 2002 of $11.5 billion. 
When outlays from prior-year budget authority are taken into account, 
discretionary outlays for the Senate bill total $17.6 billion in 2002. 
Of that total, $1.32 billion in budget authority and $1.03 billion in 
outlays falls under the new cap for conservation spending. The 
remaining amount counts against the general purpose cap for 
discretionary spending. The Senate bill is within its Section 302(b) 
allocations for budget authority and outlays for both general purpose 
and conservation spending.
  In addition, the Senate bill provides new emergency spending 
authority of $235 million for wildland fire management, which will 
result in outlays of $167 million. In accordance with standard budget 
practice, the budget committee will adjust the appropriations 
committee's allocation for emergency spending at the end of conference.
  I again commend Chairman Byrd and Senator Stevens for their 
bipartisan effort in moving this and other appropriations bills 
quickly, in order to meet our responsibilities to maintain an effective 
federal government. Their bill limits the use of the contentious 
legislative riders that have hampered its predecessors, and provides 
vital funding to manage our nation's natural resources, to support 
better and more efficient use of our energy supplies, and to meet our 
commitments to Native American tribes.
  I urge the adoption of the bill.
  Mr. President, I ask for unanimous consent that a table displaying 
the budget committee scoring of this bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 H.R. 2217, INTERIOR AND RELATED AGENCIES, 2002
                      [Spending comparisons--Senate-reported bill (in millions of dollars)]
----------------------------------------------------------------------------------------------------------------
                                                                      General
                                                                      purpose  Conservation  Mandatory    Total
----------------------------------------------------------------------------------------------------------------
Senate-reported bill:
  Budget Authority.................................................   17,150       1,320            59   18,529
  Outlays..........................................................   16,539       1,029            77   17,645
Senate 302(b) allocation:
  Budget Authority.................................................   17,151       1,376            59   18,586
  Outlays..........................................................   16,626       1,030            77   17,733
House-passed:
  Budget Authority.................................................   17,621       1,320            59   19,000
  Outlays..........................................................   16,726       1,031            77   17,834
President's request:
  Budget Authority.................................................   16,857       1,226            59   18,142
  Outlays..........................................................   16,396         823            77   17,296
 
                 SENATE-REPORTED BILL COMPARED TO--
 
Senate 302(b) allocation:
  Budget Authority.................................................       (1)        (56)            0      (57)
  Outlays..........................................................      (87)         (1)            0      (88)
House-passed:
  Budget Authority.................................................     (471)          0             0     (471)
  Outlays..........................................................     (187)         (2)            0     (189)
President's request:
  Budget Authority.................................................      293          94             0      387
  Outlays..........................................................      143         206             0      349
----------------------------------------------------------------------------------------------------------------
Notes: Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping
  conventions, including removal of emergency funding ($235 million in budget authority and $167 million in
  outlays) and inclusion of 2002 advance appropriation of $36 million (budget authority and outlays). The Senate
  Budget Committee increases the committee's 302(a) allocation for emergencies when a bill is reported out of
  conference. Prepared by SBC Majority Staff, 7-10-01.

  Mr. CONRAD. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. BYRD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, will the Senator from West Virginia yield 
for a comment?
  Mr. BYRD. Yes.
  Mr. REID. Mr. President, around here it is easy for us to forget 
people. I want the record to reflect what a good job Slade Gorton did 
on this bill during the time he was the chairman of this subcommittee. 
Slade is not in the Senate anymore. The record should be spread with 
the fact that he did an outstanding job when he was chairman of the 
subcommittee.
  He was always willing to listen to us. He held meetings and was very 
inclusive. I don't want to dwell on it other than to say that I have 
not forgotten Slade Gorton and the good work he did on this bill. I am 
confident that his successor, the Senator from Montana, will do just as 
well.
  I know as a Senator I learned a lot from Senator Gorton from the way 
he handled things. I hope we will all remember Slade Gorton for his 
dedication to the Senate and the good work he did.
  Mr. BYRD. Mr. President, I join the distinguished Democratic whip in 
recalling Slade Gorton. Slade Gorton was an outstanding chairman of 
this subcommittee. On many occasions, I lauded Slade Gorton's 
chairmanship. He was eminently fair, preeminently knowledgeable of the 
bill. In conferences, he knew everything that a Senator ought to know 
about the projects and the items at issue between the two Houses. I 
have never seen a subcommittee chairman who was better than Slade 
Gorton when he was chairman of this subcommittee.
  He was also very kind and good to me. I am glad the distinguished 
majority whip has had the thoughtfulness to mention Slade Gorton today.
  Along this line, let me say that on yesterday, and the day before, we 
worked hard to complete the supplemental appropriations bill. Senator 
Stevens is the former chairman of the Appropriations Committee in the 
Senate, about whom I have no hesitancy in saying, he was the best 
chairman of the Appropriations Committee that I have seen in my 43 
years in the Senate, including Robert Byrd. I have no hesitancy, not a 
bit, in lauding a Republican. I have no hesitancy in saying, ``He is a 
better man than I am, Gunga Din.''
  I have seen some great chairmen of this committee, the Appropriations 
Committee. Senator Russell, to me, was the finest Senator, the best 
Senator with whom I have ever served in my 43 years in the Senate. He 
was chairman of the Appropriations Committee at one time. There have 
been other great Senators, such as Senator Stennis of Mississippi. He 
was always courteous, always the gentleman. Then there was Senator Mark 
Hatfield.
  But times have changed and chairmen have to change in accordance with 
the times and the circumstances. So in our time, in our day, Ted 
Stevens is the best. I don't mind thinking I might have been second. 
But I won't dare say that. It is a bit like Publius Cornelius Scipio 
Africanus Major, who defeated Hannibal in the Battle of Zama in 202 
B.C. He met Hannibal at Ephesus, and they walked together upon one 
occasion and he asked Hannibal, ``Who was the greatest general?'' 
Hannibal thought for a moment, and then he said, ``Pyrrhus the Greek 
from Epirus was the greatest. The second was Alexander. The third was 
I, Hannibal.'' Whereupon, Scipio Africanus Major asked, ``Where would 
you have placed yourself if I had not defeated you at

[[Page 12876]]

Zama?'' Hannibal thought for a moment, and then said, ``I would have 
been first.''
  I did have the good fortune to chair this committee for 6 years. But 
Ted Stevens I salute. He is a Republican, yes, but a great one, a fine 
gentleman, a gentleman always, somebody who keeps his word. And he 
doesn't put politics at the apex of all things that matter. Well, with 
his assistance and his leadership, on yesterday we passed the 
supplemental appropriations bill. The President requested $6.5 billion 
and that bill did not exceed that request one thin dime.
  The Senators' amendments were offset. The amendments that Senators 
offered and were considered, if they were adopted, if they had to do 
with money, were offset. Senators had offsets--meaningful offsets, not 
``waste, fraud and abuse.'' There is no doubt but that there is some 
waste, fraud, and abuse in the budget in every department, I would say, 
in this Government. But we don't offset with false offsets. We had 
everything appropriately offset.
  There wasn't a single amendment designated as an ``emergency'' in 
this Senate. The President had complained about the use of 
``emergencies.'' Mr. Stevens and I believe there is a time and place 
for emergencies, yes, but there is no question but that the designation 
of ``emergency'' has been overdone in both Houses. And in the 
supplemental appropriations bill that passed the House, there are $473 
million in emergencies. Not $1 in the bill that passed the Senate was 
designated as an emergency.
  Where is the President going to stand on this when the bill goes to 
conference? I hope he will let us know. What is his position going to 
be with regard to the emergencies that were in the Republican-
controlled House bill? The first question that was ever asked in the 
history of the human race was, when God entered the Garden of Eden in 
the shadow of the evening, in the cool of the day, and he started 
looking for Adam. Adam had hidden himself, and God said: ``Adam, where 
art thou?'' That was the first question ever asked in the history of 
mankind. ``Adam, where art thou?''
  So, if I might, in my small way as a direct descendent of Adam, let 
me ask the question of the President: Mr. President, where art thou in 
regard to the $473 million in emergencies that are contained in the 
House-passed bill? Let us know, Mr. President, where art thou? If I get 
a chance to ask the President, I am going to say: Mr. President, where 
art thou with respect to the $473 million that was added as emergencies 
in the House bill? Where art thou? Let us know. We would like to know.
  In any event, that is the kind of bill we passed in this Senate. No 
emergencies, not one Indianhead copper penny above the President's 
request, not one! Mr. Stevens and I had cooperation of the Senators on 
both sides of the aisle. I could not resist the opportunity to say that 
without Ted Stevens and his help, his assistance, his leadership on 
that bill, the cooperation of Senators and staff on both sides, the 
help of our distinguished Democratic whip, and our leaders, we could 
not have accomplished that. So I take this opportunity to compliment 
our colleagues.


                           Amendment No. 877

  Mr. BYRD. Mr. President, I send a technical amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from West Virginia [Mr. Byrd] proposes an 
     amendment numbered 877.

  Mr. BYRD. Mr. President, I ask unanimous consent that further reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

               (Purpose: To make a technical correction)

       On page 152, line 4, strike ``$17,181,000'' and insert 
     ``$72,640,000''.

  Mr. BYRD. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of the amendment and that it be adopted.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Is there further debate on the amendment? If not, the question is on 
agreeing to the amendment.
  The amendment (No. 877) was agreed to.
  Mr. BYRD. Mr. President, Senator Burns and I are here. We are at our 
posts of duty. We are ready to entertain any requests for an amendment 
by any Senator. The clock is running.
  Mr. BURNS. We are open for business.
  Mr. BYRD. The sign is out: Open for business. Senator Burns and I 
join in urging the leadership and all Senators to let us know of any 
amendments Senators intend to offer by no later than 4 p.m. today, and 
it will be my hope that at 4 p.m. we can close out the window for 
amendments. I hope all Senators within the sound of my voice and all 
staffs within the reach of our joint voice will be alerted to the fact 
that when the clock strikes 4 this afternoon, we expect to close out 
the window on all amendments.
  Mr. REID. Will the Senator from West Virginia yield for a comment?
  Mr. BYRD. Absolutely; gladly.
  Mr. REID. As directed by the two managers of this bill, we have asked 
both Cloakrooms to clear their request: that there be a filing of 
amendments by 4 o'clock today, which gives people ample time, many 
hours. It was announced even prior to the break that the Interior bill 
would be the first bill brought up, and we even indicated when it would 
be brought up. So I hope we can get this cleared right away.
  I say to my friend, the junior Senator from Montana, who has done 
such a good job in getting this bill to this point, the holdup now is 
on that side. Maybe if we go into a quorum call Senator Burns will be 
gracious enough to see if he can move this along. Until that happens, 
my experience is this bill is in a flounder.
  Mr. BYRD. I thank the distinguished whip.
  Mr. BURNS. Mr. President, it is my hope that we can do this by 4 
o'clock this afternoon. There is no need for us to dillydally around 
here when we have other things to do. I only have one thing I have to 
do at 2 o'clock this afternoon. I have to introduce a couple of judges 
who have been nominated to the Montana district court system. By the 
time I get that done, 4 o'clock should be our cutoff.
  We should be talking about amendments right now. There is no reason 
why we cannot move this bill to final conclusion tomorrow.
  Mr. REID. I believe the Senator from West Virginia still has the 
floor, if I can make another comment.
  Mr. BYRD. Surely.
  Mr. REID. It is my thought, if the two managers agree, that at 12:30 
p.m., if there is still a problem with hotlining, a unanimous consent 
request be made and if anybody objects to it, they are going to have to 
come here in person to object to it. That is my suggestion. On a bill 
as important as this, we need to have the Senators, not the staff 
lurking in some of these rooms around the Capitol complex making 
objections for their Senators.
  After we go into a quorum call, upon consulting with the two 
managers, I make the suggestion that perhaps that is what we should do.
  Mr. BYRD. Mr. President, I thank the distinguished Senator from 
Nevada, the majority whip, for his suggestion. I like it. We have just 
heard Senator Burns voice his opinion.
  Mr. BURNS. We will do everything we can to get that taken care of. We 
do not want to close anybody out either, understanding the sensitivity 
of that. I believe we have made a reasonable request. I thank the 
chairman.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. BYRD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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