[Congressional Record (Bound Edition), Volume 147 (2001), Part 9]
[Senate]
[Pages 13329-13333]
[From the U.S. Government Publishing Office, www.gpo.gov]



                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 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

[[Page 13330]]

     Fund, available until expended, to be used by the Indian 
     Health Service for demolition of Federal buildings: Provided 
     further, That notwithstanding the provisions of title III, 
     section 306, of the Indian Health Care Improvement Act 
     (Public Law 94-437, as amended), construction contracts 
     authorized under title I of the Indian Self-Determination and 
     Education Assistance Act of 1975, as amended, may be used 
     rather than grants to fund small ambulatory facility 
     construction projects: Provided further, That if a contract 
     is used, the IHS is authorized to improve municipal, private, 
     or tribal lands, and that at no time, during construction or 
     after completion of the project will the Federal Government 
     have any rights or title to any real or personal property 
     acquired as a part of the contract: Provided further, That 
     $2,333,000 shall be made available for the Sisseton Wahpeton 
     Sioux Tribe Indian Health Services clinic in Sisseton, South 
     Dakota, and $9,167,000 shall be made available for the small 
     ambulatory facilities program.


            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 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

[[Page 13331]]

     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 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.

[[Page 13332]]

       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
       (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

[[Page 13333]]

     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.''.
       Sec. 334. Modification to Steel Loan Guarantee Program. (a) 
     In General.--Section 101 of the Emergency Steel Loan 
     Guarantee Act of 1999 (Public Law 106-51; 15 U.S.C. 1841 
     note) is amended as follows:
       (1) Terms and conditions.--Subsection (h) is amended--
       (A) in paragraph (1), by striking ``2005'' and inserting 
     ``2015''; and
       (B) by amending paragraph (4) to read as follows:
       ``(4) Guarantee level.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), any loan guarantee provided under this section shall 
     not exceed 85 percent of the amount of principal of the loan.
       ``(B) Increased level one.--A loan guarantee may be 
     provided under this section in excess of 85 percent, but not 
     more than 90 percent, of the amount of principal of the loan, 
     if--
       ``(i) the aggregate amount of loans guaranteed at such 
     percentage and outstanding under this section at any one time 
     does not exceed $100,000,000; and
       ``(ii) the aggregate amount of loans guaranteed at such 
     percentage under this section with respect to a single 
     qualified steel company does not exceed $50,000,000.
       ``(C) Increased level two.--A loan guarantee may be 
     provided under this section in excess of 85 percent, but not 
     more than 95 percent, of the amount of principal of the loan, 
     if--
       ``(i) the aggregate amount of loans guaranteed at such 
     percentage and outstanding under this section at any one time 
     does not exceed $100,000,000; and
       ``(ii) the aggregate amount of loans guaranteed at such 
     percentage under this section with respect to a single 
     qualified steel company does not exceed $50,000,000.''.
       (2) Termination of guarantee authority.--Subsection (k) is 
     amended by striking ``2001'' and inserting ``2003''.
       (b) Applicability.--The amendments made by this section 
     shall apply only with respect to any guarantee issued on or 
     after the date of the enactment of this Act.
       This Act may be cited as the ``Department of the Interior 
     and Related Agencies Appropriations Act, 2002''.

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