[Congressional Record (Bound Edition), Volume 149 (2003), Part 17]
[Senate]
[Pages 23370-23389]
[From the U.S. Government Publishing Office, www.gpo.gov]




  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2004

  On Tuesday, September 23, 2003, the Senate passed H.R. 2691, as 
follows:

                               H.R. 2691

       Resolved, That the bill from the House of Representatives 
     (H.R. 2691) entitled ``An Act to making appropriations for 
     the Department of the Interior and related agencies for the 
     fiscal year ending September 30, 2004, and for other 
     purposes.'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Department 
     of the Interior and related agencies for the fiscal year 
     ending September 30, 2004, and for other purposes, namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

       For necessary expenses for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their resources under the jurisdiction of the Bureau of 
     Land Management, including the general administration of the 
     Bureau, and assessment of mineral potential of public lands 
     pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
     $847,091,000, to remain available until expended, of which 
     $1,000,000 is for high priority projects, to be carried out 
     by the Youth Conservation Corps; $2,484,000 is for assessment 
     of the mineral potential of public lands in Alaska pursuant 
     to section 1010 of Public Law 96-487; (16 U.S.C. 3150); and 
     of which not to exceed $1,000,000 shall be derived from the 
     special receipt account established by the Land and Water 
     Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)); 
     and of which $3,000,000 shall be available in fiscal year 
     2004 subject to a match by at least an equal amount by the 
     National Fish and Wildlife Foundation for cost-shared 
     projects supporting conservation of Bureau lands; and such 
     funds shall be advanced to the Foundation as a lump sum grant 
     without regard to when expenses are incurred; in addition, 
     $32,696,000 is for Mining Law Administration program 
     operations, including the cost of administering the mining 
     claim fee program; to remain available until expended, to be 
     reduced by amounts collected by the Bureau and credited to 
     this appropriation from annual mining claim fees so as to 
     result in a final appropriation estimated at not more than 
     $847,091,000; 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.

                        wildland fire management

       For necessary expenses for fire preparedness, suppression 
     operations, fire science and research, emergency 
     rehabilitation, hazardous fuels reduction, and rural fire 
     assistance by the Department of the Interior, $698,725,000, 
     to remain available until expended, of which not to exceed 
     $12,374,000 shall be for the renovation or construction of 
     fire facilities: Provided, That such funds are also available 
     for repayment of advances to other appropriation accounts 
     from which funds were previously transferred for such 
     purposes: Provided further, That persons hired pursuant to 43 
     U.S.C. 1469 may be furnished subsistence and lodging without 
     cost from funds available from this appropriation: Provided 
     further, That notwithstanding 42 U.S.C. 1856d, sums received 
     by a bureau or office of the Department of the Interior for 
     fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
     protection of United States property, may be credited to the 
     appropriation from which funds were expended to provide that 
     protection, and are available without fiscal year limitation: 
     Provided further, That using the amounts designated under 
     this title of this Act, the Secretary of the Interior may 
     enter into procurement 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 notwithstanding requirements of 
     the Competition in Contracting Act, the Secretary, for 
     purposes of hazardous fuels reduction activities, may obtain 
     maximum practicable competition among: (A) local private, 
     nonprofit, or cooperative entities; (B) Youth Conservation 
     Corps crews or related partnerships with state, local, or 
     non-profit youth groups; (C) small or micro-businesses; or 
     (D) other entities that will hire or train locally a 
     significant percentage, defined as 50 percent or more, of the 
     project workforce to complete such contracts: Provided 
     further, That in implementing this section, the Secretary 
     shall develop written guidance to field units to ensure 
     accountability and consistent application of the authorities 
     provided herein: Provided further, That funds appropriated 
     under this head may be used to reimburse the United States 
     Fish and Wildlife Service and the National Marine Fisheries 
     Service for the costs of carrying out their responsibilities 
     under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.) to consult and conference, as required by section 7 of 
     such Act in connection with wildland fire management 
     activities: Provided further, That the Secretary of the 
     Interior may use wildland fire appropriations to enter into 
     non-competitive sole source leases of real property with 
     local governments, at or below fair market value, to 
     construct capitalized improvements for fire facilities on 
     such leased properties, including but not limited to fire 
     guard stations, retardant stations, and other initial attack 
     and fire support facilities, and to make advance payments for 
     any such lease or for construction activity associated with 
     the lease.

                    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.

[[Page 23371]]



                              construction

       For construction of buildings, recreation facilities, 
     roads, trails, and appurtenant facilities, $12,476,000, to 
     remain available until expended.

                            land acquisition

       For expenses necessary to carry out sections 205, 206, and 
     318(d) of Public Law 94-579, including administrative 
     expenses and acquisition of lands or waters, or interests 
     therein, $25,600,000, to be derived from the Land and Water 
     Conservation Fund and to remain available until expended.

                   oregon and california grant lands

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

               forest ecosystems health and recovery fund


                   (Revolving Fund, Special Account)

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

                           range improvements

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

               service charges, deposits, and forfeitures

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

                       miscellaneous trust funds

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

                       administrative provisions

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

                United States Fish and Wildlife Service

                          resource management

       For necessary expenses of the United States Fish and 
     Wildlife Service, as authorized by law, and for scientific 
     and economic studies, maintenance of the herd of long-horned 
     cattle on the Wichita Mountains Wildlife Refuge, general 
     administration, and for the performance of other authorized 
     functions related to such resources by direct expenditure, 
     contracts, grants, cooperative agreements and reimbursable 
     agreements with public and private entities, $942,244,000, to 
     remain available until September 30, 2005, of which 
     $1,000,000 may be available for the Wildlife Enhancement and 
     Economic Development Program in Starkville, Mississippi: 
     Provided, That $2,000,000 is for high priority projects, 
     which shall be carried out by the Youth Conservation Corps: 
     Provided further, That not to exceed $12,286,000 shall be 
     used for implementing subsections (a), (b), (c), and (e) of 
     section 4 of the Endangered Species Act, as amended, for 
     species that are indigenous to the United States (except for 
     processing petitions, developing and issuing proposed and 
     final regulations, and taking any other steps to implement 
     actions described in subsection (c)(2)(A), (c)(2)(B)(i), or 
     (c)(2)(B)(ii)), of which not to exceed $8,900,000 shall be 
     used for any activity regarding the designation of critical 
     habitat, pursuant to subsection (a)(3), excluding litigation 
     support, for species already listed pursuant to subsection 
     (a)(1) as of the date of enactment of this Act: Provided 
     further, That of the amount available for law enforcement, up 
     to $400,000 to remain available until expended, may at the 
     discretion of the Secretary be used for payment for 
     information, rewards, or evidence concerning violations of 
     laws administered by the Service, and miscellaneous and 
     emergency expenses of enforcement activity, authorized or 
     approved by the Secretary and to be accounted for solely on 
     her certificate: Provided further, That of the amount 
     provided for environmental contaminants, up to $1,000,000 may 
     remain available until expended for contaminant sample 
     analyses.

                              construction

       For construction, improvement, acquisition, or removal of 
     buildings and other facilities required in the conservation, 
     management, investigation, protection, and utilization of 
     fishery and wildlife resources, and the acquisition of lands 
     and interests therein; $53,285,000, 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, $64,689,000, to be derived 
     from the Land and Water Conservation Fund and to remain 
     available until expended: Provided, That none of the funds 
     appropriated for specific land acquisition projects can be 
     used to pay for any administrative overhead, planning or 
     other management costs.

                      landowner incentive program

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     private conservation efforts to be carried out on private 
     lands, $40,000,000, to be derived from the Land and Water 
     Conservation Fund, to remain available until expended: 
     Provided, That the amount provided herein is for a Landowner 
     Incentive Program established by the Secretary that provides 
     matching, competitively awarded grants to States, the 
     District of Columbia, Tribes, Puerto Rico, Guam, the United 
     States Virgin Islands, the Northern Mariana Islands, and 
     American Samoa, to establish or supplement existing landowner 
     incentive programs that provide technical and financial 
     assistance, including habitat protection and restoration, to 
     private landowners for the protection and management of 
     habitat to benefit federally listed, proposed, candidate or 
     other at-risk species on private lands.

                           stewardship grants

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     private conservation efforts to be carried out on private 
     lands, $10,000,000, to be derived from the Land and Water 
     Conservation Fund, to remain available until expended: 
     Provided, That the amount provided herein is for a 
     Stewardship Grants Program established by the Secretary to 
     provide grants and other assistance to individuals and

[[Page 23372]]

     groups engaged in private conservation efforts that benefit 
     federally listed, proposed, candidate, or other at-risk 
     species.

            cooperative endangered species conservation fund

       For expenses necessary to carry out section 6 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as 
     amended, $86,614,000, of which $36,614,000 is to be derived 
     from the Cooperative Endangered Species Conservation Fund and 
     $50,000,000 is to be derived from the Land and Water 
     Conservation Fund, to remain available until expended.

                     national wildlife refuge fund

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

               north american wetlands conservation fund

       For expenses necessary to carry out the provisions of the 
     North American Wetlands Conservation Act, Public Law 101-233, 
     as amended, $42,982,000, to remain available until expended.

                neotropical migratory bird conservation

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

                multinational species conservation fund

       For expenses necessary to carry out the African Elephant 
     Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 
     4241-4245, and 1538), the Asian Elephant Conservation Act of 
     1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros 
     and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), and 
     the Great Ape Conservation Act of 2000 (16 U.S.C. 6301), 
     $6,000,000, to remain available until expended.

                    state and tribal wildlife grants

       For wildlife conservation grants to States and to the 
     District of Columbia, Puerto Rico, Guam, the United States 
     Virgin Islands, the Northern Mariana Islands, American Samoa, 
     and federally recognized Indian tribes under the provisions 
     of the Fish and Wildlife Act of 1956 and the Fish and 
     Wildlife Coordination Act, for the development and 
     implementation of programs for the benefit of wildlife and 
     their habitat, including species that are not hunted or 
     fished, $75,000,000 to be derived from the Land and Water 
     Conservation Fund, and to remain available until expended: 
     Provided, That of the amount provided herein, $5,000,000 is 
     for a competitive grant program for Indian tribes not subject 
     to the remaining provisions of this appropriation: Provided 
     further, That the Secretary shall, after deducting said 
     $5,000,000 and administrative expenses, apportion the amount 
     provided herein in the following manner: (A) to the District 
     of Columbia and to the Commonwealth of Puerto Rico, each a 
     sum equal to not more than one-half of 1 percent thereof; and 
     (B) to Guam, American Samoa, the United States Virgin 
     Islands, and the Commonwealth of the Northern Mariana 
     Islands, each a sum equal to not more than one-fourth of 1 
     percent thereof: Provided further, That the Secretary shall 
     apportion the remaining amount in the following manner: (A) 
     one-third of which is based on the ratio to which the land 
     area of such State bears to the total land area of all such 
     States; and (B) two-thirds of which is based on the ratio to 
     which the population of such State bears to the total 
     population of all such States: Provided further, That the 
     amounts apportioned under this paragraph shall be adjusted 
     equitably so that no State shall be apportioned a sum which 
     is less than 1 percent of the amount available for 
     apportionment under this paragraph for any fiscal year or 
     more than 5 percent of such amount: Provided further, That 
     the Federal share of planning grants shall not exceed 75 
     percent of the total costs of such projects and the Federal 
     share of implementation grants shall not exceed 50 percent of 
     the total costs of such projects: Provided further, That the 
     non-Federal share of such projects may not be derived from 
     Federal grant programs: Provided further, That no State, 
     territory, or other jurisdiction shall receive a grant unless 
     it has developed, or committed to develop by October 1, 2005, 
     a comprehensive wildlife conservation plan, consistent with 
     criteria established by the Secretary of the Interior, that 
     considers the broad range of the State, territory, or other 
     jurisdiction's wildlife and associated habitats, with 
     appropriate priority placed on those species with the 
     greatest conservation need and taking into consideration the 
     relative level of funding available for the conservation of 
     those species: Provided further, That any amount apportioned 
     in 2004 to any State, territory, or other jurisdiction that 
     remains unobligated as of September 30, 2005, shall be 
     reapportioned, together with funds appropriated in 2006, in 
     the manner provided herein: Provided further, That balances 
     from amounts previously appropriated under the heading 
     ``State Wildlife Grants'' shall be transferred to and merged 
     with this appropriation and shall remain available until 
     expended: Provided further, That up to 10 percent of the 
     funds received by any State under this heading may be used 
     for wildlife conservation education and outreach efforts that 
     contribute significantly to the conservation of wildlife 
     species or wildlife habitat.

                       administrative provisions

       Appropriations and funds available to the United States 
     Fish and Wildlife Service shall be available for purchase of 
     not to exceed 157 passenger motor vehicles, of which 142 are 
     for replacement only (including 33 for police-type use); 
     repair of damage to public roads within and adjacent to 
     reservation areas caused by operations of the Service; 
     options for the purchase of land at not to exceed $1 for each 
     option; facilities incident to such public recreational uses 
     on conservation areas as are consistent with their primary 
     purpose; and the maintenance and improvement of aquaria, 
     buildings, and other facilities under the jurisdiction of the 
     Service and to which the United States has title, and which 
     are used pursuant to law in connection with management, and 
     investigation of fish and wildlife resources: Provided, That 
     notwithstanding 44 U.S.C. 501, the Service may, under 
     cooperative cost sharing and partnership arrangements 
     authorized by law, procure printing services from cooperators 
     in connection with jointly produced publications for which 
     the cooperators share at least one-half the cost of printing 
     either in cash or services and the Service determines the 
     cooperator is capable of meeting accepted quality standards: 
     Provided further, That the Service may accept donated 
     aircraft as replacements for existing aircraft: Provided 
     further, That notwithstanding any other provision of law, the 
     Secretary of the Interior may not spend any of the funds 
     appropriated in this Act for the purchase of lands or 
     interests in lands to be used in the establishment of any new 
     unit of the National Wildlife Refuge System unless the 
     purchase is approved in advance by the House and Senate 
     Committees on Appropriations in compliance with the 
     reprogramming procedures contained in 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, 
     $1,636,299,000, of which, in accordance with the cooperative 
     agreement entered into between the National Park Service and 
     the Oklahoma City National Memorial Trust and numbered 
     1443CA125002001, $600,000 may be available for activities of 
     the National Park Service at the Oklahoma City National 
     Memorial and $1,600,000 may be available to the Oklahoma City 
     National Memorial Trust, of which $10,887,000 is for planning 
     and interagency coordination in support of Everglades 
     restoration and shall remain available until expended; of 
     which $96,480,000, to remain available until September 30, 
     2005, is for maintenance, repair or rehabilitation projects 
     for constructed assets, operation of the National Park 
     Service automated facility management software system, and 
     comprehensive facility condition assessments; and of which 
     $2,000,000 is for the Youth Conservation Corps for high 
     priority projects: Provided further, That the only funds in 
     this account which may be made available to support United 
     States Park Police are those funds approved for emergency law 
     and order incidents pursuant to established National Park 
     Service procedures, those funds needed to maintain and repair 
     United States Park Police administrative facilities, and 
     those funds necessary to reimburse the United States Park 
     Police account for the unbudgeted overtime and travel costs 
     associated with special events for an amount not to exceed 
     $10,000 per event subject to the review and concurrence of 
     the Washington headquarters office.

                       united states park police

       For expenses necessary to carry out the programs of the 
     United States Park Police, $78,349,000.

                  national recreation and preservation

       For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, heritage partnership 
     programs, environmental compliance and review, international 
     park affairs, statutory or contractual aid for other 
     activities, and grant administration, not otherwise provided 
     for, $60,154,000, of which $175,000 may be available for 
     activities to commemorate the Louisiana Purchase at the Jean 
     Lafitte National Historical Park and Preserve in the State of 
     Louisiana.

                     urban park and recreation fund

       For expenses necessary to carry out the provisions of the 
     Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 
     2501 et seq.), $305,000, to remain available until expended.

                       historic preservation fund

       For expenses necessary in carrying out the Historic 
     Preservation Act of 1966, as amended (16 U.S.C. 470), and the 
     Omnibus Parks and Public Lands Management Act of 1996 (Public 
     Law 104-333), $75,750,000, to be derived from the Historic 
     Preservation Fund, to remain available until September 30, 
     2005: Provided, That, of the amount provided herein, 
     $500,000, to remain available until expended, is for a grant 
     for the perpetual care and maintenance of National Trust 
     Historic Sites, as authorized under 16 U.S.C. 470a(e)(2), to 
     be made available in full upon signing of a grant agreement: 
     Provided further, That, notwithstanding any other provision 
     of law, these funds shall be available for investment with 
     the proceeds to be used for the same purpose as set out 
     herein: Provided further, That of the total amount provided, 
     $32,000,000 shall be for Save America's Treasures for 
     priority preservation projects, of nationally significant 
     sites, structures, and artifacts: Provided further, That any 
     individual Save America's Treasures grant shall be matched by 
     non-Federal funds: Provided further, That individual projects 
     shall only be eligible for one grant, and all projects to be 
     funded shall be approved by the House and Senate Committees 
     on

[[Page 23373]]

     Appropriations and the Secretary of the Interior in 
     consultation with the President's Committee on the Arts and 
     Humanities prior to the commitment of grant funds: Provided 
     further, That Save America's Treasures funds allocated for 
     Federal projects, following approval, shall be available by 
     transfer to appropriate accounts of individual agencies.

                              construction

       For construction, improvements, repair or replacement of 
     physical facilities, including the modifications authorized 
     by section 104 of the Everglades National Park Protection and 
     Expansion Act of 1989, $342,131,000, to remain available 
     until expended, of which $300,000 for the L.Q.C. Lamar House 
     National Historic Landmark and $375,000 for the Sun Watch 
     National Historic Landmark shall be derived from the Historic 
     Preservation Fund pursuant to 16 U.S.C. 470a and of which 
     $600,000 shall be available for the planning and design of 
     the Mesa Verde Cultural Center in the State of Colorado, and 
     of which $50,000 shall be available for the construction of a 
     statue of Harry S Truman in Union Station in Kansas City, 
     Missouri, and of which $4,289,000 shall be available for the 
     construction of a security fence for the Jefferson National 
     Expansion Memorial in the State of Missouri: Provided, That 
     none of the funds in this or any other Act, may be used to 
     pay the salaries and expenses of more than 160 Full Time 
     Equivalent personnel working for the National Park Service's 
     Denver Service Center funded under the construction program 
     management and operations activity: Provided further, That 
     none of the funds provided in this or any other Act may be 
     used to pre-design, plan, or construct any new facility 
     (including visitor centers, curatorial facilities, 
     administrative buildings), for which appropriations have not 
     been specifically provided if the net construction cost of 
     such facility is in excess of $5,000,000, without prior 
     approval of the House and Senate Committees on 
     Appropriations: Provided further, That none of the funds 
     provided in this or any other Act may be used for planning, 
     design, or construction of any underground security screening 
     or visitor contact facility at the Washington Monument until 
     such facility has been approved in writing by the House and 
     Senate Committees on Appropriations: Provided further, That 
     this restriction applies to all funds available to the 
     National Park Service, including partnership and fee 
     demonstration projects.

                    land and water conservation fund


                              (rescission)

       The contract authority provided for fiscal year 2004 by 16 
     U.S.C. 4601-10a is rescinded.

                 land acquisition and state assistance

       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, $158,473,000, to be derived from the 
     Land and Water Conservation Fund and to remain available 
     until expended, of which $104,000,000 is for the State 
     assistance program including not to exceed $4,000,000 for the 
     administration of this program: Provided, 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 249 passenger 
     motor vehicles, of which 202 shall be for replacement only, 
     including not to exceed 193 for police-type use, 10 buses, 
     and 8 ambulances: Provided, That none of the funds 
     appropriated to the National Park Service may be used to 
     process any grant or contract documents which do not include 
     the text of 18 U.S.C. 1913: Provided further, That none of 
     the funds appropriated to the National Park Service may be 
     used to implement an agreement for the redevelopment of the 
     southern end of Ellis Island until such agreement has been 
     submitted to the Congress and shall not be implemented prior 
     to the expiration of 30 calendar days (not including any day 
     in which either House of Congress is not in session because 
     of adjournment of more than 3 calendar days to a day certain) 
     from the receipt by the Speaker of the House of 
     Representatives and the President of the Senate of a full and 
     comprehensive report on the development of the southern end 
     of Ellis Island, including the facts and circumstances relied 
     upon in support of the proposed project: Provided further, 
     That the National Park Service may make a grant of not to 
     exceed $70,000 for the construction of a memorial in 
     Cadillac, Michigan in honor of Kris Eggle.
       None of the funds in this Act may be spent by the National 
     Park Service for activities taken in direct response to the 
     United Nations Biodiversity Convention.
       The National Park Service may distribute to operating units 
     based on the safety record of each unit the costs of programs 
     designed to improve workplace and employee safety, and to 
     encourage employees receiving workers' compensation benefits 
     pursuant to chapter 81 of title 5, United States Code, to 
     return to appropriate positions for which they are medically 
     able.
       Notwithstanding any other provision of law, in fiscal year 
     2004, with respect to the administration of the National Park 
     Service park pass program by the National Park Foundation, 
     the Secretary may obligate to the Foundation administrative 
     funds expected to be received in that fiscal year before the 
     revenues are collected, so long as total obligations in the 
     administrative account do not exceed total revenue collected 
     and deposited in that account by the end of the fiscal year.

                    United States Geological Survey

                 surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, biology, and the 
     mineral and water resources of the United States, its 
     territories and possessions, and other areas as authorized by 
     43 U.S.C. 31, 1332, and 1340; classify lands as to their 
     mineral and water resources; give engineering supervision to 
     power permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); and publish and disseminate data relative to the 
     foregoing activities; and to conduct inquiries into the 
     economic conditions affecting mining and materials processing 
     industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
     related purposes as authorized by law and to publish and 
     disseminate data; $928,864,000, of which $64,630,000 shall be 
     available only for cooperation with States or municipalities 
     for water resources investigations; and of which $15,499,000 
     shall remain available until expended for conducting 
     inquiries into the economic conditions affecting mining and 
     materials processing industries; and of which $250,000 may be 
     available to improve seismic monitoring and hazard assessment 
     in the Jackson Hole-Yellowstone area of Wyoming; and of which 
     $8,000,000 shall remain available until expended for 
     satellite operations; and of which $23,230,000 shall be 
     available until September 30, 2005, for the operation and 
     maintenance of facilities and deferred maintenance; of which 
     $169,580,000 shall be available until September 30, 2005, for 
     the biological research activity and the operation of the 
     Cooperative Research Units: Provided, That none of these 
     funds provided for the biological research activity shall be 
     used to conduct new surveys on private property, unless 
     specifically authorized in writing by the property owner: 
     Provided further, That no part of this appropriation shall be 
     used to pay more than one-half the cost of topographic 
     mapping or water resources data collection and investigations 
     carried on in cooperation with States and municipalities.

                       administrative provisions

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

                      Minerals Management Service

                royalty and offshore minerals management

       For expenses necessary for minerals leasing and 
     environmental studies, regulation of industry operations, and 
     collection of royalties, as authorized by law; for enforcing 
     laws and regulations applicable to oil, gas, and other 
     minerals leases, permits, licenses and operating contracts; 
     and for matching grants or cooperative agreements; including 
     the purchase of not to exceed eight passenger motor vehicles 
     for replacement only, $166,016,000, of which $80,396,000 
     shall be available for royalty management activities; and an 
     amount not to exceed $100,230,000, to be credited to this 
     appropriation and to remain available until expended, from 
     additions to receipts resulting from increases to rates in 
     effect on August 5, 1993, from rate increases to fee 
     collections for Outer Continental Shelf administrative 
     activities performed by the Minerals Management Service (MMS) 
     over and above the rates in effect on September 30, 1993, and 
     from additional fees for Outer Continental Shelf 
     administrative activities established after September 30, 
     1993: Provided, That to the extent $100,230,000 in additions 
     to receipts are not realized from the sources of receipts 
     stated above, the amount needed to reach $100,230,000 shall 
     be credited to this appropriation from receipts resulting 
     from rental rates for Outer Continental Shelf leases in 
     effect before August 5, 1993: Provided further, That 
     $3,000,000 for computer acquisitions shall remain available 
     until September 30, 2005: Provided further, That funds 
     appropriated under this Act shall be available for the 
     payment of interest in accordance with 30 U.S.C. 1721(b) and 
     (d): Provided further, That not to exceed $3,000 shall be 
     available for reasonable expenses related to promoting 
     volunteer beach and marine cleanup activities: Provided 
     further, That notwithstanding any other provision of law, 
     $15,000 under this heading shall be available for refunds of 
     overpayments in connection with certain Indian leases in 
     which the Director of MMS concurred with the claimed refund 
     due, to pay amounts owed to Indian allottees or tribes, or to 
     correct prior unrecoverable erroneous payments: Provided 
     further, That MMS may under the royalty-in-kind pilot 
     program, or under its authority to transfer oil to the 
     Strategic Petroleum

[[Page 23374]]

     Reserve, use a portion of the revenues from royalty-in-kind 
     sales, without regard to fiscal year limitation, to pay for 
     transportation to wholesale market centers or upstream 
     pooling points, and to process or otherwise dispose of 
     royalty production taken in kind, and to recover MMS 
     transportation costs, salaries, and other administrative 
     costs directly related to filling the Strategic Petroleum 
     Reserve: Provided further, That MMS shall analyze and 
     document the expected return in advance of any royalty-in-
     kind sales to assure to the maximum extent practicable that 
     royalty income under the pilot program is equal to or greater 
     than royalty income recognized under a comparable royalty-in-
     value program.

                           oil spill research

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

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

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

                    abandoned mine reclamation fund

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     as amended, including the purchase of not more than 10 
     passenger motor vehicles for replacement only, $190,893,000, 
     to be derived from receipts of the Abandoned Mine Reclamation 
     Fund and to remain available until expended; of which up to 
     $10,000,000, to be derived from the Federal Expenses Share of 
     the Fund, shall be for supplemental grants to States for the 
     reclamation of abandoned sites with acid mine rock drainage 
     from coal mines, and for associated activities, through the 
     Appalachian Clean Streams Initiative: Provided, That grants 
     to minimum program States will be $1,500,000 per State in 
     fiscal year 2004: Provided further, That pursuant to Public 
     Law 97-365, the Department of the Interior is authorized to 
     use up to 20 percent from the recovery of the delinquent debt 
     owed to the United States Government to pay for contracts to 
     collect these debts: Provided further, That funds made 
     available under title IV of Public Law 95-87 may be used for 
     any required non-Federal share of the cost of projects funded 
     by the Federal Government for the purpose of environmental 
     restoration related to treatment or abatement of acid mine 
     drainage from abandoned mines: Provided further, That such 
     projects must be consistent with the purposes and priorities 
     of the Surface Mining Control and Reclamation Act: Provided 
     further, That the State of Maryland may set aside the greater 
     of $1,000,000 or 10 percent of the total of the grants made 
     available to the State under title IV of the Surface Mining 
     Control and Reclamation Act of 1977, as amended (30 U.S.C. 
     1231 et seq.), if the amount set aside is deposited in an 
     acid mine drainage abatement and treatment fund established 
     under a State law, pursuant to which law the amount (together 
     with all interest earned on the amount) is expended by the 
     State to undertake acid mine drainage abatement and treatment 
     projects, except that before any amounts greater than 10 
     percent of its title IV grants are deposited in an acid mine 
     drainage abatement and treatment fund, the State of Maryland 
     must first complete all Surface Mining Control and 
     Reclamation Act priority one projects.

                        Bureau of Indian Affairs

                      operation of indian programs

       For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13), the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 et seq.), as amended, the Education Amendments of 1978 
     (25 U.S.C. 2001-2019), and the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 
     $1,912,178,000, to remain available until September 30, 2005 
     except as otherwise provided herein, of which not to exceed 
     $87,925,000 shall be for welfare assistance payments and 
     notwithstanding any other provision of law, including but not 
     limited to the Indian Self-Determination Act of 1975, as 
     amended, not to exceed $135,315,000 shall be available for 
     payments to tribes and tribal organizations for contract 
     support costs associated with ongoing contracts, grants, 
     compacts, or annual funding agreements entered into with the 
     Bureau prior to or during fiscal year 2004, as authorized by 
     such Act, except that tribes and tribal organizations may use 
     their tribal priority allocations for unmet indirect costs of 
     ongoing contracts, grants, or compacts, or annual funding 
     agreements and for unmet welfare assistance costs; and of 
     which not to exceed $458,524,000 for school operations costs 
     of Bureau-funded schools and other education programs shall 
     become available on July 1, 2004, and shall remain available 
     until September 30, 2005; and of which not to exceed 
     $55,766,000 shall remain available until expended for housing 
     improvement, road maintenance, attorney fees, litigation 
     support, the Indian Self-Determination Fund, land records 
     improvement, and the Navajo-Hopi Settlement Program: 
     Provided, That notwithstanding any other provision of law, 
     including but not limited to the Indian Self-Determination 
     Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed 
     $46,182,000 within and only from such amounts made available 
     for school operations shall be available to tribes and tribal 
     organizations for administrative cost grants associated with 
     ongoing grants entered into with the Bureau prior to or 
     during fiscal year 2003 for the operation of Bureau-funded 
     schools, and up to $3,000,000 within and only from such 
     amounts made available for school operations shall be 
     available for the transitional costs of initial 
     administrative cost grants to tribes and tribal organizations 
     that enter into grants for the operation on or after July 1, 
     2004 of Bureau-operated schools: Provided further, That any 
     forestry funds allocated to a tribe which remain unobligated 
     as of September 30, 2005, may be transferred during fiscal 
     year 2006 to an Indian forest land assistance account 
     established for the benefit of such tribe within the tribe's 
     trust fund account: Provided further, That any such 
     unobligated balances not so transferred shall expire on 
     September 30, 2006: Provided further, That $48,115,000 shall 
     be for operating grants for Tribally Controlled Community 
     Colleges, and $34,710,000 shall be for Information Resources 
     Technology.

                              construction

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

 indian land and water claim settlements and miscellaneous payments to 
                                indians

       For miscellaneous payments to Indian tribes and individuals 
     and for necessary administrative expenses, $50,583,000, to 
     remain available until expended; of which $31,766,000 shall 
     be available for implementation of enacted Indian land and 
     water claim settlements pursuant to Public Laws 101-618, 107-
     331, and 102-575, and for implementation of other enacted 
     water rights settlements; and of which $18,817,000 shall be 
     available pursuant to Public Laws 99-264, 100-580, 106-425, 
     and 106-554.

                 indian guaranteed loan program account

       For the cost of guaranteed and insured loans, $5,797,000, 
     as authorized by the Indian Financing Act of 1974, as 
     amended: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize total loan principal, 
     any part of which is to be guaranteed, not to exceed 
     $94,568,000.
       In addition, for administrative expenses to carry out the 
     guaranteed and insured loan programs, $700,000.

                       administrative provisions

       The Bureau of Indian Affairs may carry out the operation of 
     Indian programs by direct expenditure, contracts, cooperative 
     agreements, compacts and grants, either directly or in 
     cooperation with States and other organizations.

[[Page 23375]]

       Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 
     may contract for services in support of the management, 
     operation, and maintenance of the Power Division of the San 
     Carlos Irrigation Project.
       Appropriations for the Bureau of Indian Affairs (except the 
     revolving fund for loans, the Indian loan guarantee and 
     insurance fund, and the Indian Guaranteed Loan Program 
     account) shall be available for expenses of exhibits, and 
     purchase of not to exceed 229 passenger motor vehicles, of 
     which not to exceed 187 shall be for replacement only.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs for central office 
     operations or pooled overhead general administration (except 
     facilities operations and maintenance) shall be available for 
     tribal contracts, grants, compacts, or cooperative agreements 
     with the Bureau of Indian Affairs under the provisions of the 
     Indian Self-Determination Act or the Tribal Self-Governance 
     Act of 1994 (Public Law 103-413).
       In the event any tribe returns appropriations made 
     available by this Act to the Bureau of Indian Affairs for 
     distribution to other tribes, this action shall not diminish 
     the Federal Government's trust responsibility to that tribe, 
     or the government-to-government relationship between the 
     United States and that tribe, or that tribe's ability to 
     access future appropriations.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau, other than the amounts provided 
     herein for assistance to public schools under 25 U.S.C. 452 
     et seq., shall be available to support the operation of any 
     elementary or secondary school in the State of Alaska.
       Appropriations made available in this or any other Act for 
     schools funded by the Bureau shall be available only to the 
     schools in the Bureau school system as of September 1, 1996. 
     No funds available to the Bureau shall be used to support 
     expanded grades for any school or dormitory beyond the grade 
     structure in place or approved by the Secretary of the 
     Interior at each school in the Bureau school system as of 
     October 1, 1995. Funds made available under this Act may not 
     be used to establish a charter school at a Bureau-funded 
     school (as that term is defined in section 1146 of the 
     Education Amendments of 1978 (25 U.S.C. 2026)), except that a 
     charter school that is in existence on the date of the 
     enactment of this Act and that has operated at a Bureau-
     funded school before September 1, 1999, may continue to 
     operate during that period, but only if the charter school 
     pays to the Bureau a pro rata share of funds to reimburse the 
     Bureau for the use of the real and personal property 
     (including buses and vans), the funds of the charter school 
     are kept separate and apart from Bureau funds, and the Bureau 
     does not assume any obligation for charter school programs of 
     the State in which the school is located if the charter 
     school loses such funding. Employees of Bureau-funded schools 
     sharing a campus with a charter school and performing 
     functions related to the charter school's operation and 
     employees of a charter school shall not be treated as Federal 
     employees for purposes of chapter 171 of title 28, United 
     States Code.

                          Departmental Offices

                            Insular Affairs

                       assistance to territories

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior, 
     $71,343,000, of which: (1) $65,022,000 shall be available 
     until expended for technical assistance, including 
     maintenance assistance, disaster assistance, insular 
     management controls, coral reef initiative activities, and 
     brown tree snake control and research; grants to the 
     judiciary in American Samoa for compensation and expenses, as 
     authorized by law (48 U.S.C. 1661(c)); grants to the 
     Government of American Samoa, in addition to current local 
     revenues, for construction and support of governmental 
     functions; grants to the Government of the Virgin Islands as 
     authorized by law; grants to the Government of Guam, as 
     authorized by law; and grants to the Government of the 
     Northern Mariana Islands as authorized by law (Public Law 94-
     241; 90 Stat. 272); and (2) $6,321,000 shall be available for 
     salaries and expenses of the Office of Insular Affairs: 
     Provided, That all financial transactions of the territorial 
     and local governments herein provided for, including such 
     transactions of all agencies or instrumentalities established 
     or used by such governments, may be audited by the General 
     Accounting Office, at its discretion, in accordance with 
     chapter 35 of title 31, United States Code: Provided further, 
     That Northern Mariana Islands Covenant grant funding shall be 
     provided according to those terms of the Agreement of the 
     Special Representatives on Future United States Financial 
     Assistance for the Northern Mariana Islands approved by 
     Public Law 104-134: Provided further, That of the amounts 
     provided for technical assistance, sufficient funding shall 
     be made available for a grant to the Close Up Foundation: 
     Provided further, That the funds for the program of 
     operations and maintenance improvement are appropriated to 
     institutionalize routine operations and maintenance 
     improvement of capital infrastructure with territorial 
     participation and cost sharing to be determined by the 
     Secretary based on the grantee's commitment to timely 
     maintenance of its capital assets: Provided further, That any 
     appropriation for disaster assistance under this heading in 
     this Act or previous appropriations Acts may be used as non-
     Federal matching funds for the purpose of hazard mitigation 
     grants provided pursuant to section 404 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170c).

                      compact of free association

       For grants and necessary expenses, $6,125,000, as provided 
     for in sections 221(a)(2), 221(b), and 233 of the Compact of 
     Free Association for the Republic of Palau, section 103(h)(2) 
     of the Compact of Free Association Act of 1985, and section 
     221(a)(2) of the Amended Compacts of Free Association for the 
     Federated States of Micronesia and the Republic of the 
     Marshall Islands, to remain available until expended.
       For grants and necessary expenses as provided for in 
     sections 211, 212, 213, and 218 of the Amended Compact of 
     Free Association for the Republic of the Marshall Islands and 
     as provided for in sections 211, 212, and 217 of the Amended 
     Compact of Free Association for the Federated States of 
     Micronesia, all sums that are or may be required in this and 
     subsequent years are appropriated, to remain available until 
     expended, and shall be drawn from the Treasury, to become 
     available for obligation only upon enactment of proposed 
     legislation to approve the amended Compacts of Free 
     Association as identified in the President's fiscal year 2004 
     budget.
       For grants and necessary expenses, $15,000,000, for impact 
     of the Compacts on certain U.S. areas in this and subsequent 
     years are appropriated, to remain available until expended, 
     and shall be drawn from the Treasury, to become available for 
     obligation only upon enactment of proposed legislation to 
     approve the amended Compacts of Free Association as 
     identified in the President's fiscal year 2004 budget: 
     Provided, That for purposes of assistance as provided 
     pursuant to this appropriation, the effective dates of the 
     amended Compacts of Free Association shall be October 1, 
     2003.

                        Departmental Management

                         salaries and expenses

       For necessary expenses for management of the Department of 
     the Interior, $78,433,000, of which not to exceed $8,500 may 
     be for official reception and representation expenses, and of 
     which up to $1,000,000 shall be available for workers 
     compensation payments and unemployment compensation payments 
     associated with the orderly closure of the United States 
     Bureau of Mines: Provided, That of this amount, sufficient 
     funds may be available for the Secretary of the Interior, not 
     later than 60 days after the last day of the fiscal year, to 
     submit to Congress a report on the amount of acquisitions 
     made by the Department of the Interior during such fiscal 
     year of articles, materials, or supplies that were 
     manufactured outside the United States. Such report shall 
     separately indicate the dollar value of any articles, 
     materials, or supplies purchased by the Department of the 
     Interior that were manufactured outside the United States, an 
     itemized list of all waivers under the Buy American Act (41 
     U.S.C. 10a et seq.) that were granted with respect to such 
     articles, materials, or supplies, and a summary of total 
     procurement funds spent on goods manufactured in the United 
     States versus funds spent on goods manufactured outside of 
     the United States. The Secretary of the Interior shall make 
     the report publicly available by posting the report on an 
     Internet website.
       Of the unobligated balances in the Special Foreign Currency 
     account, $1,400,000 are hereby canceled.


                          WORKING CAPITAL FUND

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

                       payments in lieu of taxes

       For expenses necessary to implement the Act of October 20, 
     1976, as amended (31 U.S.C. 6901-6907), $230,000,000, of 
     which not to exceed $400,000 shall be available for 
     administrative expenses: Provided, That no payment shall be 
     made to otherwise eligible units of local government if the 
     computed amount of the payment is less than $100.

                        Office of the Solicitor

                         salaries and expenses

       For necessary expenses of the Office of the Solicitor, 
     $50,179,000.

                      Office of Inspector General

                         salaries and expenses

       For necessary expenses of the Office of Inspector General, 
     $37,474,000, of which $3,812,000 shall be for procurement by 
     contract of independent auditing services to audit the 
     consolidated Department of the Interior annual financial 
     statement and the annual financial statement of the 
     Department of the Interior bureaus and offices funded in this 
     Act.

             Office of Special Trustee for American Indians

                         federal trust programs

       For operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, $219,641,000, of which $75,000,000 shall be available 
     for historical accounting, to remain available until 
     expended: Provided, That funds for trust management 
     improvements and litigation support may, as needed, be 
     transferred to or merged with the Bureau of Indian Affairs, 
     ``Operation of Indian Programs'' account; the Office of the 
     Solicitor, ``Salaries and Expenses'' account; and the 
     Departmental Management, ``Salaries and Expenses'' account: 
     Provided further, That funds made available to Tribes and 
     Tribal organizations through contracts or grants obligated 
     during fiscal year 2004, as authorized by the Indian

[[Page 23376]]

     Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
     remain available until expended by the contractor or grantee: 
     Provided further, That notwithstanding any other provision of 
     law, the statute of limitations shall not commence to run on 
     any claim, including any claim in litigation pending on the 
     date of the enactment of this Act, concerning losses to or 
     mismanagement of trust funds, until the affected tribe or 
     individual Indian has been furnished with an accounting of 
     such funds from which the beneficiary can determine whether 
     there has been a loss: Provided further, That notwithstanding 
     any other provision of law, the Secretary shall not be 
     required to provide a quarterly statement of performance for 
     any Indian trust account that has not had activity for at 
     least 18 months and has a balance of $1.00 or less: Provided 
     further, That the Secretary shall issue an annual account 
     statement and maintain a record of any such accounts and 
     shall permit the balance in each such account to be withdrawn 
     upon the express written request of the account holder: 
     Provided further, That not to exceed $50,000 is available for 
     the Secretary to make payments to correct administrative 
     errors of either disbursements from or deposits to Individual 
     Indian Money or Tribal accounts after September 30, 2002: 
     Provided further, That erroneous payments that are recovered 
     shall be credited to and remain available in this account for 
     this purpose.

                       indian land consolidation

       For consolidation of fractional interests in Indian lands 
     and expenses associated with redetermining and redistributing 
     escheated interests in allotted lands, and for necessary 
     expenses to carry out the Indian Land Consolidation Act of 
     1983, as amended, by direct expenditure or cooperative 
     agreement, $22,980,000, to remain available until expended.

           Natural Resource Damage Assessment and Restoration

                natural resource damage assessment fund

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

                       administrative provisions

       There is hereby authorized for acquisition from available 
     resources within the Working Capital Fund, 15 aircraft, 10 of 
     which shall be for replacement and which may be obtained by 
     donation, purchase or through available excess surplus 
     property: Provided, That 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.

             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 
     502 of H. Con. Res. 95, the concurrent resolution on the 
     budget for fiscal year 2004, and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible.
       Sec. 102. The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of wildland fires on or threatening lands under 
     the jurisdiction of the Department of the Interior; for the 
     emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oil spills; for response and natural resource damage 
     assessment activities related to actual oil spills; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
     emergency reclamation projects under section 410 of Public 
     Law 95-87; and shall transfer, from any no year funds 
     available to the Office of Surface Mining Reclamation and 
     Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act: Provided, That appropriations made in 
     this title for wildland fire operations shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for wildland fire operations, such 
     reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof: Provided further, 
     That for wildland fire operations, no funds shall be made 
     available under this authority until the Secretary determines 
     that funds appropriated for ``wildland fire operations'' 
     shall be exhausted within 30 days: Provided further, That all 
     funds used pursuant to this section are hereby designated by 
     Congress to be ``emergency requirements'' pursuant to section 
     502 of H. Con. Res. 95, the concurrent resolution on the 
     budget for fiscal year 2004, and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible: Provided further, That such 
     replenishment funds shall be used to reimburse, on a pro rata 
     basis, accounts from which emergency funds were transferred.
       Sec. 103. Appropriations made in this title shall be 
     available for operation of warehouses, garages, shops, and 
     similar facilities, wherever consolidation of activities will 
     contribute to efficiency or economy, and said appropriations 
     shall be reimbursed for services rendered to any other 
     activity in the same manner as authorized by sections 1535 
     and 1536 of title 31, United States Code: Provided, That 
     reimbursements for costs and supplies, materials, equipment, 
     and for services rendered may be credited to the 
     appropriation current at the time such reimbursements are 
     received.
       Sec. 104. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; hire, 
     maintenance, and operation of aircraft; hire of passenger 
     motor vehicles; purchase of reprints; payment for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and the payment 
     of dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members.
       Sec. 105. Appropriations available to the Department of the 
     Interior for salaries and expenses shall be available for 
     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901-5902 and D.C. Code 4-204).
       Sec. 106. Annual appropriations made in this title shall be 
     available for obligation in connection with contracts issued 
     for services or rentals for periods not in excess of 12 
     months beginning at any time during the fiscal year.
       Sec. 107. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     preleasing, leasing and related activities placed under 
     restriction in the President's moratorium statement of June 
     12, 1998, in the areas of northern, central, and southern 
     California; the North Atlantic; Washington and Oregon; and 
     the eastern Gulf of Mexico south of 26 degrees north latitude 
     and east of 86 degrees west longitude.
       Sec. 108. No funds provided in this title may be expended 
     by the Department of the Interior to conduct offshore oil and 
     natural gas preleasing, leasing and related activities in the 
     eastern Gulf of Mexico planning area for any lands located 
     outside Sale 181, as identified in the final Outer 
     Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
     2002.
       Sec. 109. No funds provided in this title may be expended 
     by the Department of the Interior to conduct oil and natural 
     gas preleasing, leasing and related activities in the Mid-
     Atlantic and South Atlantic planning areas.
       Sec. 110. Notwithstanding any other provisions of law, the 
     National Park Service shall not develop or implement a 
     reduced entrance fee program to accommodate non-local travel 
     through a unit. The Secretary may provide for and regulate 
     local non-recreational passage through units of the National 
     Park System, allowing each unit to develop guidelines and 
     permits for such activity appropriate to that unit.
       Sec. 111. Advance payments made under this title to Indian 
     tribes, tribal organizations, and tribal consortia pursuant 
     to the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.) may be invested by the 
     Indian tribe, tribal organization, or consortium before such 
     funds are expended for the purposes of the grant, compact, or 
     annual funding agreement so long as such funds are--
       (1) invested by the Indian tribe, tribal organization, or 
     consortium only in obligations of the United States, or in 
     obligations or securities that are guaranteed or insured by 
     the United States, or mutual (or other) funds registered with 
     the Securities and Exchange Commission and which only invest 
     in obligations of the United States or securities that are 
     guaranteed or insured by the United States; or
       (2) deposited only into accounts that are insured by an 
     agency or instrumentality of the United States, or are fully 
     collateralized to ensure protection of the funds, even in the 
     event of a bank failure.
       Sec. 112. Appropriations made in this Act under the 
     headings Bureau of Indian Affairs and Office of Special 
     Trustee for American Indians and any available unobligated 
     balances from prior appropriations Acts made under the same 
     headings, shall be available for expenditure or transfer for 
     Indian trust management and reform activities.
       Sec. 113. Notwithstanding any other provision of law, for 
     the purpose of reducing the backlog

[[Page 23377]]

     of Indian probate cases in the Department of the Interior, 
     the hearing requirements of chapter 10 of title 25, United 
     States Code, are deemed satisfied by a proceeding conducted 
     by an Indian probate judge, appointed by the Secretary 
     without regard to the provisions of title 5, United States 
     Code, governing the appointments in the competitive service, 
     for such period of time as the Secretary determines 
     necessary: Provided, That the basic pay of an Indian probate 
     judge so appointed may be fixed by the Secretary without 
     regard to the provisions of chapter 51, and subchapter III of 
     chapter 53 of title 5, United States Code, governing the 
     classification and pay of General Schedule employees, except 
     that no such Indian probate judge may be paid at a level 
     which exceeds the maximum rate payable for the highest grade 
     of the General Schedule, including locality pay.
       Sec. 114. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to redistribute any 
     Tribal Priority Allocation funds, including tribal base 
     funds, to alleviate tribal funding inequities by transferring 
     funds to address identified, unmet needs, dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies. No tribe shall receive a reduction in Tribal 
     Priority Allocation funds of more than 10 percent in fiscal 
     year 2004. Under circumstances of dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies, the 10 percent limitation does not apply.
       Sec. 115. Funds appropriated for the Bureau of Indian 
     Affairs for postsecondary schools for fiscal year 2004 shall 
     be allocated among the schools proportionate to the unmet 
     need of the schools as determined by the Postsecondary 
     Funding Formula adopted by the Office of Indian Education 
     Programs.
       Sec. 116. (a) The Secretary of the Interior shall hereafter 
     take such action as may be necessary to ensure that the lands 
     comprising the Huron Cemetery in Kansas City, Kansas (as 
     described in section 123 of Public Law 106-291) are used only 
     in accordance with this section.
       (b) The lands of the Huron Cemetery shall be used only: (1) 
     for religious and cultural uses that are compatible with the 
     use of the lands as a cemetery; and (2) as a burial ground.
       Sec. 117. Notwithstanding any other provision of law, in 
     conveying the Twin Cities Research Center under the authority 
     provided by Public Law 104-134, as amended by Public Law 104-
     208, the Secretary may accept and retain land and other forms 
     of reimbursement: Provided, That the Secretary may retain and 
     use any such reimbursement until expended and without further 
     appropriation: (1) for the benefit of the National Wildlife 
     Refuge System within the State of Minnesota; and (2) for all 
     activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
       Sec. 118. Notwithstanding other provisions of law, the 
     National Park Service may authorize, through cooperative 
     agreement, the Golden Gate National Parks Association to 
     provide fee-based education, interpretive and visitor service 
     functions within the Crissy Field and Fort Point areas of the 
     Presidio.
       Sec. 119. Notwithstanding 31 U.S.C. 3302(b), sums received 
     by the Bureau of Land Management for the sale of seeds or 
     seedlings including those collected in fiscal year 2003, may 
     be credited to the appropriation from which funds were 
     expended to acquire or grow the seeds or seedlings and are 
     available without fiscal year limitation.
       Sec. 120. Subject to the terms and conditions of section 
     126 of the Department of the Interior and Related Agencies 
     Act, 2002, the Administrator of General Services shall sell 
     all right, title, and interest of the United States in and to 
     the improvements and equipment of the White River Oil Shale 
     Mine.
       Sec. 121. The Secretary of the Interior may use or contract 
     for the use of helicopters or motor vehicles on the Sheldon 
     and Hart National Wildlife Refuges for the purpose of 
     capturing and transporting horses and burros. The provisions 
     of subsection (a) of the Act of September 8, 1959 (18 U.S.C. 
     47(a)) shall not be applicable to such use. Such use shall be 
     in accordance with humane procedures prescribed by the 
     Secretary.
       Sec. 122. Of the funds made available under the heading 
     ``Bureau of Land Management, Land Acquisition'' in title I of 
     the Department of the Interior and Related Agencies 
     Appropriation Act, 2002 (115 Stat. 420), the Secretary of the 
     Interior shall grant $500,000 to the City of St. George, 
     Utah, for the purchase of the land as provided in the Virgin 
     River Dinosaur Footprint Preserve Act (116 Stat. 2896), with 
     any surplus funds available after the purchase to be 
     available for the purpose of the preservation of the land and 
     the paleontological resources on the land.
       Sec. 123. Funds provided in this Act for Federal land 
     acquisition by the National Park Service for the Ice Age 
     National Scenic Trail may be used for a grant to a State, a 
     local government, or any other governmental land management 
     entity for the acquisition of lands without regard to any 
     restriction on the use of Federal land acquisition funds 
     provided through the Land and Water Conservation Fund Act of 
     1965 as amended.
       Sec. 124. None of the funds made available by this Act may 
     be obligated or expended by the National Park Service to 
     enter into or implement a concession contract which permits 
     or requires the removal of the underground lunchroom at the 
     Carlsbad Caverns National Park.
       Sec. 125. The Secretary of the Interior may use 
     discretionary funds to pay private attorneys fees and costs 
     for employees and former employees of the Department of the 
     Interior reasonably incurred in connection with Cobell v. 
     Norton to the extent that such fees and costs are not paid by 
     the Department of Justice or by private insurance. In no case 
     shall the Secretary make payments under this section that 
     would result in payment of hourly fees in excess of the 
     highest hourly rate approved by the District Court for the 
     District of Columbia for counsel in Cobell v. Norton.
       Sec. 126. The United States Fish and Wildlife Service 
     shall, in carrying out its responsibilities to protect 
     threatened and endangered species of salmon, implement a 
     system of mass marking of salmonid stocks, intended for 
     harvest, that are released from Federally operated or 
     Federally financed hatcheries including but not limited to 
     fish releases of coho, chinook, and steelhead species. Marked 
     fish must have a visible mark that can be readily identified 
     by commercial and recreational fishers.
       Sec. 127. Section 134 of Public Law 107-63 (115 Stat. 442-
     443) is amended by striking the proviso thereto and inserting 
     the following: ``Provided, That nothing in this section 
     affects the decision of the United States Court of Appeals 
     for the 10th Circuit in Sac and Fox Nation v. Norton, 240 
     F.3d 1250 (2001): Provided further, That nothing in this 
     section permits the conduct of gaming under the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) on land described in 
     section 123 of Public Law 106-291 (114 Stat. 944-945), or 
     land that is contiguous to that land, regardless of whether 
     the land or contiguous land has been taken into trust by the 
     Secretary of the Interior.''.
       Sec. 128. No funds appropriated for the Department of the 
     Interior by this Act or any other Act shall be used to study 
     or implement any plan to drain Lake Powell or to reduce the 
     water level of the lake below the range of water levels 
     required for the operation of the Glen Canyon Dam.
       Sec. 129. Notwithstanding the limitation in subparagraph 
     (2)(B) of section 18(a) of the Indian Gaming Regulatory Act 
     (25 U.S.C. 2717(a)), the total amount of all fees imposed by 
     the National Indian Gaming Commission for fiscal year 2005 
     shall not exceed $12,000,000.
       Sec. 130. None of the funds in this Act may be used to fund 
     Cooperative Ecosystem Studies Units in the State of Alaska.
       Sec. 131. The State of Utah's contribution requirement 
     pursuant to Public Law 105-363 shall be deemed to have been 
     satisfied and within thirty days of enactment of this Act, 
     the Secretary of the Interior shall transfer to the State of 
     Utah all right, title, and interest of the United States in 
     and to the Wilcox Ranch lands acquired under section 2(b) of 
     Public Law 105-363, for management by the Utah Division of 
     Wildlife Resources for wildlife habitat and public access.
       Sec. 132. Upon enactment of this Act, the Congaree Swamp 
     National Monument shall be designated the Congaree National 
     Park.
       Sec. 133. The Secretary shall have no more than one hundred 
     and eighty days from October 1, 2003, to prepare and submit 
     to the Congress, in a manner otherwise consistent with the 
     Indian Tribal Judgment Funds Use or Distribution Act (25 
     U.S.C. 1401 et seq.), plans for the use and distribution of 
     the Mescalero Apache Tribe's Judgment Funds from Docket 92-
     403L, the Pueblo of Isleta's Judgment Funds from Docket 98-
     166L, and the Assiniboine and Sioux Tribes of the Fort Peck 
     Reservation's Judgment Funds in Docket No. 773-87-L of the 
     United States Court of Federal Claims; each plan shall become 
     effective upon the expiration of a sixty day period beginning 
     on the day each plan is submitted to the Congress.
       Sec. 134. Notwithstanding any implementation of the 
     Department of the Interior's trust reorganization plan within 
     fiscal years 2003 or 2004, funds appropriated for fiscal year 
     2004 shall be available to the tribes within the California 
     Tribal Trust Reform Consortium and to the Salt River Pima 
     Maricopa Indian Community, the Confederated Salish-Kootenai 
     Tribes of the Flathead Reservation and the Chippewa Cree 
     Tribe of the Rocky Boys Reservation and the Bureau of Indian 
     Affairs Regional offices that serve them, on the same basis 
     as funds were distributed in fiscal year 2003. The 
     Demonstration Project shall operate separate and apart from 
     the Department of the Interior's trust reform reorganization, 
     and the Department shall not impose its trust management 
     infrastructure upon or alter the existing trust resource 
     management systems of the California Trust Reform Consortium 
     and any other participating tribe having a self-governance 
     compact and operating in accordance with the Tribal Self-
     Governance Program set forth in 25 U.S.C. Sections 458aa-
     458hh.
       Sec. 135. Not later than December 31 of each year, the 
     Secretary of the Interior shall submit to Congress a report 
     on the competitive sourcing activities on the list required 
     under the Federal Activities Inventory Reform Act of 1998 
     (Public Law 105-270; 31 U.S.C. 501 note) that were performed 
     for the Department of the Interior during the previous fiscal 
     year by Federal Government sources. The report shall 
     include--
       (1) the total number of competitions completed;
       (2) the total number of competitions announced, together 
     with a list of the activities covered by such competitions;
       (3) the total number of full-time equivalent Federal 
     employees studied under completed competitions;
       (4) the total number of full-time equivalent Federal 
     employees being studied under competitions announced, but not 
     completed;
       (5) the incremental cost directly attributable to 
     conducting the competitions identified under

[[Page 23378]]

     paragraphs (1) and (2), including costs attributable to 
     paying outside consultants and contractors;
       (6) an estimate of the total anticipated savings, or a 
     quantifiable description of improvements in service or 
     performance, derived from completed competitions;
       (7) actual savings, or a quantifiable description of 
     improvements in service or performance, derived from the 
     implementation of competitions completed after May 29, 2003;
       (8) the total projected number of full time equivalent 
     Federal employees covered by competitions scheduled to be 
     announced in the fiscal year covered by the next report 
     required under this section; and
       (9) a general description of how the competitive sourcing 
     decisionmaking processes of the Department of the Interior 
     are aligned with the strategic workforce plan of that 
     department.
       Sec. 136. (a) Payment to the Harriet Tubman Home, Auburn, 
     New York, Authorized.--(1) The Secretary of the Interior may, 
     using amounts appropriated or otherwise made available by 
     this title, make a payment to the Harriet Tubman Home in 
     Auburn, New York, in the amount of $11,750.
       (2) The amount specified in paragraph (1) is the amount of 
     widow's pension that Harriet Tubman should have received from 
     January 1899 to March 1913 under various laws authorizing 
     pension for the death of her husband, Nelson Davis, a 
     deceased veteran of the Civil War, but did not receive, 
     adjusted for inflation since March 1913.
       (b) Use of Amounts.--The Harriet Tubman Home shall use 
     amounts paid under subsection (a) for the purposes of--
       (1) preserving and maintaining the Harriet Tubman Home; and
       (2) honoring the memory of Harriet Tubman.
       Sec. 137. Nonrenewable grazing permits authorized in the 
     Jarbidge Field Office, Bureau of Land Management within the 
     past seven years shall be renewed under section 402 of the 
     Federal Land Policy and Management Act of 1976, as amended 
     (43 U.S.C. 1752) and under section 3 of the Taylor Grazing 
     Act of 1934, as amended (43 U.S.C. 315b). The terms and 
     conditions contained in the most recently expired 
     nonrenewable grazing permit shall continue in effect under 
     the renewed permit. Upon completion of any required analysis 
     or documentation, the permit may be canceled, suspended or 
     modified, in whole or in part, to meet the requirements of 
     applicable laws and regulations. Nothing in this section 
     shall be deemed to extend the nonrenewable permits beyond the 
     standard one-year term.
       Sec. 138. Interim Compensation Payments. Section 2303(b) of 
     Public Law 106-246 (114 Stat. 549) is amended by inserting 
     before the period at the end the following: ``, unless the 
     amount of the interim compensation exceeds the amount of the 
     final compensation''.
       Sec. 139. Applications for Waivers of Maintenance Fees. 
     Section 10101f(d)(3) of the Omnibus Budget Reconciliation Act 
     of 1993 (30 U.S.C. 28f(d)(3)) is amended by inserting after 
     ``reason'' the following: ``(including, with respect to any 
     application filed on or after January 1, 1999, the filing of 
     the application after the statutory deadline)''.
       Sec. 140. None of the funds appropriated or otherwise made 
     available by this or any other Act, hereafter enacted, may be 
     used to permit the use of the National Mall for a special 
     event, unless the permit expressly prohibits the erection, 
     placement, or use of structures and signs bearing commercial 
     advertising. The Secretary may allow for recognition of 
     sponsors of special events: Provided, That the size and form 
     of the recognition shall be consistent with the special 
     nature and sanctity of the Mall and any lettering or design 
     identifying the sponsor shall be no larger than one-third the 
     size of the lettering or design identifying the special 
     event. In approving special events, the Secretary shall 
     ensure, to the maximum extent practicable, that public use 
     of, and access to the Mall is not restricted. For purposes of 
     this section, the term ``special event'' shall have the 
     meaning given to it by section 7.96(g)(1)(ii) of title 36, 
     Code of Federal Regulations.

                       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, $266,180,000, 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, 
     including treatments of pests, pathogens, and invasive or 
     noxious plants, and for restoring and rehabilitating forests 
     damaged by pests or invasive plants, cooperative forestry, 
     and education and land conservation activities and conducting 
     an international program as authorized, $295,349,000, to 
     remain available until expended, of which $84,716,000 is to 
     be derived from the Land and Water Conservation Fund: 
     Provided, That each forest legacy grant shall be for a 
     specific project or set of specific tasks: Provided further, 
     That grants for acquisition of lands or conservation 
     easements shall require that the State demonstrates that 25 
     percent of the total value of the project is comprised of a 
     non-Federal cost share: Provided further, That up to 
     $2,000,000 may be used by the Secretary solely for: (1) rapid 
     response to new introductions of non-native or invasive pests 
     or pathogens in which no previous federal funding has been 
     identified to address, or (2) for a limited number of 
     instances in which any pest populations increase at over 150 
     percent of levels monitored for that species in the 
     immediately preceding fiscal year and failure to suppress 
     those popultions would lead to a 10-percent increase of 
     annual forest or stand mortality over ambient mortality 
     levels.

                         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, $1,370,731,000, 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)), of which $200,000 may be for 
     necessary expenses related to a land exchange between the 
     State of Montana and the Lolo National Forest: Provided, That 
     unobligated balances available at the start of fiscal year 
     2004 shall be displayed by budget line item in the fiscal 
     year 2005 budget justification: Provided further, That the 
     Secretary may authorize the expenditure or transfer of such 
     sums as necessary to the Department of the Interior, Bureau 
     of Land Management, for removal, preparation, and adoption of 
     excess wild horses and burros, and for the performance of 
     cadastral surveys to designate the boundaries of such lands 
     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 
     under this heading, $3,150,000 is for expenses required to 
     implement title I of Public Law 106-248, to be segregated in 
     a separate fund established by the Secretary of Agriculture: 
     Provided further, That within funds available for the purpose 
     of implementing the Valles Caldera Preservation Act, 
     notwithstanding the limitations of section 107(e)(2) of the 
     Valles Caldera Preservation Act (Public Law 106-248), for 
     fiscal year 2004, the Chair of the Board of Trustees of the 
     Valles Caldera Trust may receive, upon request, compensation 
     for each day (including travel time) that the Chair is 
     engaged in the performance of the functions of the Board, 
     except that compensation shall not exceed the daily 
     equivalent of the annual rate in effect for members of the 
     Senior Executive Service at the ES-1 level, and shall be in 
     addition to any reimbursement for travel, subsistence and 
     other necessary expenses incurred by the Chair in the 
     performance of the Chair's duties.
       For an additional amount to reimburse the Judgment Fund as 
     required by 41 U.S.C. 612(c) for judgment liabilities 
     previously incurred, $188,405,000.

                        wildland fire management

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, hazardous fuels reduction on 
     or adjacent to such lands, and for emergency rehabilitation 
     of burned-over National Forest System lands and water, 
     $1,543,072,000, 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 such funds may be available 
     to reimburse State and other cooperating entities for 
     services provided in response to wildfire and other 
     emergencies or disasters: Provided further, That not less 
     than 50 percent of any unobligated balances remaining 
     (exclusive of amounts for hazardous fuels reduction) at the 
     end of fiscal year 2003 shall be transferred, as repayment 
     for past advances that have not been repaid, to the fund 
     established pursuant to section 3 of Public Law 71-319 (16 
     U.S.C. 576 et seq.): Provided further, That notwithstanding 
     any other provision of law, $8,000,000 of funds appropriated 
     under this appropriation shall be used for Fire Science 
     Research in support of the Joint Fire Science Program: 
     Provided further, That all authorities for the use of funds, 
     including the use of contracts, grants, and cooperative 
     agreements, available to execute the Forest and Rangeland 
     Research appropriation, are also available in the utilization 
     of these funds for Fire Science Research: Provided further, 
     That funds provided shall be available for emergency 
     rehabilitation and restoration, hazardous fuels reduction 
     activities in the urban-wildland interface, support to 
     Federal emergency response, and wildfire suppression 
     activities of the Forest Service: Provided further, That of 
     the funds provided, $231,392,000 is for hazardous fuels 
     reduction activities, $21,427,000 is for research activities 
     and to make competitive research grants pursuant to the 
     Forest and Rangeland Renewable Resources Research Act, as 
     amended (16 U.S.C. 1641 et seq.), $47,752,000 is for State 
     fire assistance, $8,240,000 is for volunteer fire assistance, 
     and $11,934,000 is for forest health activities on State, 
     private, and Federal lands: Provided further, That amounts in 
     this paragraph may be transferred to the ``State and Private 
     Forestry'', ``National Forest System'', and ``Forest and 
     Rangeland Research'' accounts to fund State fire assistance, 
     volunteer fire assistance, forest health management, forest 
     and rangeland research, vegetation

[[Page 23379]]

     and watershed management, heritage site rehabilitation, 
     wildlife and fish habitat management, and restoration: 
     Provided further, That transfers of any amounts in excess of 
     those authorized in this paragraph shall require approval of 
     the House and Senate Committees on Appropriations in 
     compliance with reprogramming procedures contained in 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 addition to funds provided for State Fire Assistance 
     programs, and subject to all authorities available to the 
     Forest Service under the State and Private Forestry 
     Appropriations, up to $15,000,000 may be used on adjacent 
     non-Federal lands for the purpose of protecting communities 
     when hazard reduction activities are planned on national 
     forest lands that have the potential to place such 
     communities at risk: Provided further, That included in 
     funding for hazardous fuel reduction is $5,000,000 for 
     implementing the Community Forest Restoration Act, Public Law 
     106-393, title VI, and any portion of such funds shall be 
     available for use on non-Federal lands in accordance with 
     authorities available to the Forest Service under the State 
     and Private Forestry Appropriation: Provided further, That in 
     using the funds provided in this Act for hazardous fuels 
     reduction activities, the Secretary of Agriculture may 
     conduct fuel reduction treatments on Federal lands using all 
     contracting and hiring authorities available to the Secretary 
     applicable to hazardous fuel reduction activities under the 
     wildland fire management accounts: Provided further, That 
     notwithstanding Federal Government procurement and 
     contracting laws, the Secretaries may conduct fuel reduction 
     treatments, rehabilitation and restoration, and other 
     activities authorized under this heading on and adjacent to 
     Federal lands using grants and cooperative agreements: 
     Provided further, That notwithstanding Federal Government 
     procurement and contracting laws, in order to provide 
     employment and training opportunities to people in rural 
     communities, the Secretaries may award contracts, including 
     contracts for monitoring activities, to local private, non-
     profit, or cooperative entities; Youth Conservation Corps 
     crews or related partnerships, with State, local and non-
     profit youth groups; small or micro-businesses; or other 
     entities that will hire or train a significant percentage of 
     local people to complete such contracts: Provided further, 
     That the authorities described above relating to contracts, 
     grants, and cooperative agreements are available until all 
     funds provided in this title for hazardous fuels reduction 
     activities in the urban wildland interface are obligated: 
     Provided further, That the Secretary of the Interior and the 
     Secretary of Agriculture may authorize the transfer of funds 
     appropriated for wildland fire management, in an aggregate 
     amount not to exceed $12,000,000, between the Departments 
     when such transfers would facilitate and expedite jointly 
     funded wildland fire management programs and projects.

                  capital improvement and maintenance

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $532,406,000, 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 
     $500,000 may be for improvements at Fernwood Park on the 
     Wasatch-Cache National Forest: Provided, That up to 
     $15,000,000 of the funds provided herein for road maintenance 
     shall be available for the decommissioning of roads, 
     including unauthorized roads not part of the transportation 
     system, which are no longer needed: Provided further, That no 
     funds shall be expended to decommission any system road until 
     notice and an opportunity for public comment has been 
     provided on each decommissioning project.

                            land acquisition

       For expenses necessary to carry out the provisions of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4 through 11), including administrative expenses, 
     and for acquisition of land or waters, or interest therein, 
     in accordance with statutory authority applicable to the 
     Forest Service, $76,440,000, to be derived from the Land and 
     Water Conservation Fund and to remain available until 
     expended, of which $5,400,000 shall be available for the 
     Beaver Brook Watershed in the State of Colorado: Provided, 
     That notwithstanding any limitations of the Land and Water 
     Conservation Fund Act (16 U.S.C. 460l-9), the Secretary of 
     Agriculture is henceforth authorized to utilize any funds 
     appropriated from the Land and Water Conservation Fund to 
     acquire Mental Health Trust lands in Alaska and, upon Federal 
     acquisition, the boundaries of the Tongass National Forest 
     shall be deemed modified to include such lands.

         acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

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

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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

        management of national forest lands for subsistence uses

       For necessary expenses of the Forest Service to manage 
     federal lands in Alaska for subsistence uses under title VIII 
     of the Alaska National Interest Lands Conservation Act 
     (Public Law 96-487), $5,535,000, to remain available until 
     expended, of which not to exceed $100,000 per annum may be 
     used to reimburse the Office of General Counsel, Department 
     of Agriculture, for salaries and related expenses incurred in 
     providing legal services in relation to subsistence 
     management.

               administrative provisions, forest service

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of not to exceed 
     124 passenger motor vehicles of which 21 will be used 
     primarily for law enforcement purposes and of which 124 shall 
     be for replacement; acquisition of 25 passenger motor 
     vehicles from excess sources, and hire of such vehicles; 
     operation and maintenance of aircraft to maintain the 
     operable fleet at 195 aircraft for use in Forest Service 
     wildland fire programs and other Forest Service programs; 
     notwithstanding other provisions of law, existing aircraft 
     being replaced may be sold, with proceeds derived or trade-in 
     value used to offset the purchase price for the replacement 
     aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to 
     exceed $100,000 for employment under 5 U.S.C. 3109; (3) 
     purchase, erection, and alteration of buildings and other 
     public improvements (7 U.S.C. 2250); (4) acquisition of land, 
     waters, and interests therein pursuant to 7 U.S.C. 428a; (5) 
     for expenses pursuant to the Volunteers in the National 
     Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) 
     the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and 
     (7) for debt collection contracts in accordance with 31 
     U.S.C. 3718(c).
       None of the funds made available under this Act shall be 
     obligated or expended to abolish any region, to move or close 
     any regional office for National Forest System administration 
     of the Forest Service, Department of Agriculture without the 
     consent of the House and Senate Committees on Appropriations.
       Any appropriations or funds available to the Forest Service 
     may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions if and only if all previously appropriated 
     emergency contingent funds under the heading ``Wildland Fire 
     Management'' have been released by the President and 
     apportioned and all wildfire suppression funds under the 
     heading ``Wildland Fire Management'' are obligated.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development and the Foreign Agricultural Service in 
     connection with forest and rangeland research, technical 
     information, and assistance in foreign countries, and shall 
     be available to support forestry and related natural resource 
     activities outside the United States and its territories and 
     possessions, including technical assistance, education and 
     training, and cooperation with United States and 
     international organizations.
       None of the funds made available to the Forest Service 
     under this Act shall be subject to transfer under the 
     provisions of section 702(b) of the Department of Agriculture 
     Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless 
     the proposed transfer is approved in advance by the House and 
     Senate Committees on Appropriations in compliance with the 
     reprogramming procedures contained in House Report No. 105-
     163.
       None of the funds available to the Forest Service may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     procedures contained in House Report No. 105-163.
       No funds available to the Forest Service shall be 
     transferred to the Working Capital Fund of the Department of 
     Agriculture that exceed the total amount transferred during 
     fiscal year 2000 for such purposes without the advance 
     approval of the House and Senate Committees on 
     Appropriations.
       Funds available to the Forest Service shall be available to 
     conduct a program of not less than $2,000,000 for high 
     priority projects within the scope of the approved budget 
     which shall be carried out by the Youth Conservation Corps.

[[Page 23380]]

       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 
     $3,000,000 may be advanced in a lump sum as Federal financial 
     assistance to the National Forest Foundation, without regard 
     to when the Foundation incurs expenses, for administrative 
     expenses or projects on or benefitting National Forest System 
     lands or related to Forest Service programs: Provided, That 
     of the Federal funds made available to the Foundation, no 
     more than $400,000 shall be available for administrative 
     expenses: Provided further, That the Foundation shall obtain, 
     by the end of the period of Federal financial assistance, 
     private contributions to match on at least one-for-one basis 
     funds made available by the Forest Service: Provided further, 
     That the Foundation may transfer Federal funds to a non-
     Federal recipient for a project at the same rate that the 
     recipient has obtained the non-Federal matching funds: 
     Provided further, That authorized investments of Federal 
     funds held by the Foundation may be made only in interest-
     bearing obligations of the United States or in obligations 
     guaranteed as to both principal and interest by the United 
     States.
       Pursuant to section 2(b)(2) of Public Law 98-244, 
     $2,650,000 of the funds available to the Forest Service shall 
     be available for matching funds to the National Fish and 
     Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, 
     and may be advanced in a lump sum, 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 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 Federal or 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.
       Notwithstanding any other provision of law, any 
     appropriations or funds available to the Forest Service not 
     to exceed $500,000 may be used to reimburse the Office of the 
     General Counsel (OGC), Department of Agriculture, for travel 
     and related expenses incurred as a result of OGC assistance 
     or participation requested by the Forest Service at meetings, 
     training sessions, management reviews, land purchase 
     negotiations and similar non-litigation related matters. 
     Future budget justifications for both the Forest Service and 
     the Department of Agriculture should clearly display the sums 
     previously transferred and the requested funding transfers.
       Any appropriations or funds available to the Forest Service 
     may be used for necessary expenses in the event of law 
     enforcement emergencies as necessary to protect natural 
     resources and public or employee safety: Provided, That such 
     amounts shall not exceed $1,000,000.
       From funds available to the Forest Service in this Act for 
     payment of costs in accordance with subsection 413(d) of 
     Title IV, Public Law 108-7, $3,000,000 shall be transferred 
     by the Secretary of Agriculture to the Secretary of the 
     Treasury to make reimbursement payments as provided in such 
     subsection.
       The Secretary of Agriculture may authorize the sale of 
     excess buildings, facilities, and other properties owned by 
     the Forest Service and located on the Green Mountain National 
     Forest, the revenues of which shall be retained by the Forest 
     Service and available to the Secretary without further 
     appropriation and until expended for maintenance and 
     rehabilitation activities on the Green Mountain National 
     Forest.
       The Secretary of Agriculture may transfer or reimburse 
     funds available to the Forest Service, not to exceed 
     $15,000,000, to the Secretary of the Interior or the 
     Secretary of Commerce to expedite conferencing and 
     consultations as required under section 7 of the Endangered 
     Species Act, 16 U.S.C. 1536. The amount of the transfer or 
     reimbursement shall be as mutually agreed by the Secretary of 
     Agriculture and the Secretary of the Interior or Secretary of 
     Commerce, as applicable, or their designees. The amount shall 
     in no case exceed the actual costs of consultation and 
     conferencing.
       Beginning on June 30, 2001 and concluding on December 31, 
     2004, an eligible individual who is employed in any project 
     funded under Title V of the Older American Act of 1965 (42 
     U.S.C. 3056 et seq.) and administered by the Forest Service 
     shall be considered to be a Federal employee for purposes of 
     chapter 171 of title 28, United States Code.
       Any funds appropriated to the Forest Service may be used to 
     meet the non-Federal share requirement in section 502(c) of 
     the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
       None of the funds made available in this or any other Act 
     may be used by the Forest Service to initiate or continue 
     competitive sourcing studies until such time as the House and 
     Senate Committees on Appropriations have been given a 
     detailed competitive sourcing proposal (including the number 
     of positions to be studied, the amount of funding needed, and 
     the accounts and activities from which the funding will be 
     reprogrammed), and have approved in writing such proposal.
       The Secretary of Agriculture may authorize the sale of 
     excess buildings, facilities, and other properties owned by 
     the Forest Service and located on the Wasatch-Cache National 
     Forest, the revenues of which may be retained by the Forest 
     Service and available to the Secretary without further 
     appropriation and until expended for acquisition and 
     construction of administrative sites on the Wasatch-Cache 
     National Forest.

                          DEPARTMENT OF ENERGY

                         clean coal technology


                               (deferral)

       Of the funds made available under this heading for 
     obligation in prior years, $97,000,000 shall not be available 
     until October 1, 2004: Provided, That funds made available in 
     previous appropriations Acts shall be available for any 
     ongoing project regardless of the separate request for 
     proposal under which the project was selected: Provided 
     further, That within 30 days of enactment of this Act, the 
     Secretary is directed to provide the House Committee on 
     Appropriations and the Senate Committee on Appropriations 
     with a plan detailing the proposed expenditure of un-
     obligated or de-obligated funds from terminated Clean Coal 
     Technology projects in support of the FutureGen project: 
     Provided further, That notwithstanding any other provision of 
     law, within fiscal year 2004 up to $9,000,000 of the funds 
     made available under this heading for obligation in prior 
     years, of funds not obligated or committed to existing Clean 
     Coal Technology projects, and funds committed or obligated to 
     a project that is or may be terminated, may be used for the 
     development of technologies and research facilities that 
     support the production of electricity and hydrogen from coal 
     including sequestration of associated carbon dioxide: 
     Provided further, That the Secretary may enter into a lease 
     or other agreement, not subject to the conditions or 
     requirements established for Clean Coal Technology projects 
     under any prior law, for a cost-shared public-private 
     partnership with a non-Federal entity representing the coal 
     industry and coal-fueled utilities: Provided further, That 
     the Secretary shall ensure that the entity provides 
     opportunities for participation by technology vendors, 
     States, universities, and other stakeholders.

                 fossil energy research and development

       For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, and for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and 
     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), 
     $593,514,000, to remain available until expended, of which 
     $4,000,000 is to continue a multi-year project for 
     construction, renovation, furnishing, and demolition or 
     removal of buildings at National Energy Technology Laboratory 
     facilities in Morgantown, West Virginia and Pittsburgh, 
     Pennsylvania; of which not to exceed $536,000 may be utilized 
     for travel and travel-related expenses incurred by the 
     headquarters staff of the Office of Fossil Energy; and of 
     which $130,000,000 are to be made available, after 
     coordination with the private sector, for a request for 
     proposals for a Clean Coal Power Initiative providing for 
     competitively-awarded research, development, and 
     demonstration projects to reduce the barriers to continued 
     and expanded coal use: Provided, That no project may be 
     selected for which sufficient funding is not available to 
     provide for the total project: Provided further, That funds 
     shall be expended in accordance with the provisions governing 
     the use of funds contained under the heading ``Clean Coal 
     Technology'' in 42 U.S.C. 5903d: Provided further, That the 
     Department may include provisions for repayment of Government 
     contributions to individual projects in an amount up to the 
     Government contribution to the project on terms and 
     conditions that are acceptable to the Department including 
     repayments from sale and licensing of technologies from both 
     domestic and foreign transactions: Provided further, That 
     such repayments shall be retained by the Department for 
     future coal-related research, development and demonstration 
     projects: Provided further, That any technology selected 
     under this program shall be considered a Clean Coal 
     Technology, and any project selected under this program shall 
     be considered a Clean Coal Technology Project, for the 
     purposes of 42 U.S.C. 7651n, and Chapters 51, 52, and 60 of 
     title 40 of the Code of Federal Regulations: Provided 
     further, That no part of the sum herein made available shall 
     be used for the field testing of nuclear explosives in the 
     recovery of oil

[[Page 23381]]

     and gas: Provided further, That up to 4 percent of program 
     direction funds available to the National Energy Technology 
     Laboratory may be used to support Department of Energy 
     activities not included in this account.

                 naval petroleum and oil shale reserves

       For expenses necessary to carry out naval petroleum and oil 
     shale reserve activities, $17,947,000, to remain available 
     until expended: Provided, That, notwithstanding any other 
     provision of law, unobligated funds remaining from prior 
     years shall be available for all naval petroleum and oil 
     shale reserve activities.

                      elk hills school lands fund

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


                          energy Conservation

       For necessary expenses in carrying out energy conservation 
     activities, $861,645,000, to remain available until expended, 
     of which $1,500,000 is for DES applications integration: 
     Provided, That $274,000,000 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: 
     $230,000,000 for weatherization assistance grants and 
     $44,000,000 for State energy program grants.

                          economic regulation

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

                      strategic petroleum reserve

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), $173,081,000, 
     to remain available until expended: Provided, That the 
     Department of Energy shall develop, with an opportunity for 
     public comment, procedures to obtain oil for the Strategic 
     Petroleum Reserve in a manner that maximizes the overall 
     domestic supply of crude oil (including amounts stored in 
     private sector inventories) and minimizes the costs to the 
     Department of the Interior and the Department of Energy of 
     acquiring such oil (including foregone revenues to the 
     Treasury when oil for the Reserve is obtained through the 
     Royalty-in-Kind program), consistent with national security. 
     Such procedures shall include procedures and criteria for the 
     review of requests for the deferrals of scheduled deliveries. 
     No later than 120 days following the enactment of this Act 
     the Department shall propose and no later than 180 days 
     following the enactment of this Act the Department shall 
     publish and follow such procedures when acquiring oil for the 
     Reserve.

                   northeast home heating oil reserve

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

                   energy information administration

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

            administrative provisions, department of energy

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $2,546,524,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 238(b) 
     for services furnished by the Indian Health Service: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation: Provided further, That up to $18,000,000 shall 
     remain available until expended, for the Indian Catastrophic 
     Health Emergency Fund: Provided further, That $472,022,000 
     for contract medical care shall remain available for 
     obligation until September 30, 2005: Provided further, That 
     of the funds provided, up to $27,000,000 to remain available 
     until expended, shall be used to carry out the loan repayment 
     program under section 108 of the Indian Health Care 
     Improvement Act: Provided further, That funds provided in 
     this Act may be used for one-year contracts and grants which 
     are to be performed in two fiscal years, so long as the total 
     obligation is recorded in the year for which the funds are 
     appropriated: Provided further, That the amounts collected by 
     the Secretary of Health and Human Services under the 
     authority of title IV of the Indian Health Care Improvement 
     Act shall remain available until expended for the purpose of 
     achieving compliance with the applicable conditions and 
     requirements of titles XVIII and XIX of the Social Security 
     Act (exclusive of planning, design, or construction of new 
     facilities): Provided further, That funding contained herein, 
     and in any earlier appropriations Acts for scholarship 
     programs under the Indian Health Care Improvement Act (25 
     U.S.C. 1613) shall remain available until expended: Provided 
     further, That amounts received by tribes and tribal 
     organizations under title IV of the Indian Health Care 
     Improvement Act shall be reported and accounted for and 
     available to the receiving tribes and tribal organizations 
     until expended: Provided further, That, notwithstanding any 
     other provision of law, of the amounts provided herein, not 
     to exceed $268,974,000 shall be for payments to tribes and 
     tribal organizations for contract or grant support costs 
     associated with contracts, grants, self-governance compacts 
     or annual funding agreements between the Indian Health 
     Service and a tribe or tribal organization pursuant to the 
     Indian Self-Determination Act of 1975, as amended, prior to 
     or during fiscal year 2004, of which not to exceed $2,500,000 
     may be used for contract support costs associated with new or 
     expanded self-determination contracts, grants, self-
     governance compacts or annual funding agreements: Provided 
     further, That funds available for the Indian Health Care 
     Improvement Fund may be used, as needed, to carry out 
     activities typically funded under the Indian Health 
     Facilities account: Provided further, That of the amounts 
     provided to the Indian Health Service, $15,000,000 is 
     provided for alcohol control, enforcement, prevention, 
     treatment, sobriety and wellness, and education in Alaska to 
     be distributed as direct lump sum payments as follows: (a) 
     $2,000,000 to the State of Alaska for regional distribution 
     to hire and equip additional Village Public Safety Officers 
     to engage primarily in bootlegging prevention and enforcement 
     activities; (b) $10,000,000 to the Alaska Native Tribal 
     Health Consortium, which shall be allocated for (1) substance 
     abuse treatment including residential treatment, (2) 
     substance abuse and behavioral health counselors through the 
     Counselor in Every Village program, and (3) comprehensive 
     substance abuse training programs for counselors and others 
     delivering substance abuse services; (c) $1,000,000 to the 
     State of Alaska for a school peer counseling and education 
     program; and (d) $2,000,000 for the Alaska Federation of 
     Natives sobriety and wellness program for competitive merit-
     based grants: Provided further, That none of the funds may be 
     used for tribal courts or tribal ordinance programs or any 
     program that is not directly related to alcohol control, 
     enforcement, prevention, treatment, or sobriety: Provided 
     further, That no more than 10 percent may be used by any 
     entity receiving funding for administrative overhead 
     including indirect costs: Provided further, That the State of 
     Alaska, Alaska Native non-profit corporations, and the Alaska 
     Native Tribal Health Consortium must each maintain its 
     existing level of effort and must use these funds to enhance 
     or expand existing efforts or

[[Page 23382]]

     initiate new projects or programs and may not use such funds 
     to supplant existing programs.

                        indian health facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act, and the Indian Health Care Improvement 
     Act, and for expenses necessary to carry out such Acts and 
     titles II and III of the Public Health Service Act with 
     respect to environmental health and facilities support 
     activities of the Indian Health Service, $391,188,000, 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, 
     $5,043,000 shall be designated by the Indian Health Service 
     as a contribution to the Yukon-Kuskokwim Health Corporation 
     (YKHC) to complete a priority project for the acquisition of 
     land, planning, design and construction of 79 staff quarters 
     in the Bethel service area, pursuant to the negotiated 
     project agreement between the YKHC and the Indian Health 
     Service: Provided further, That this project shall not be 
     subject to the construction provisions of the Indian Self-
     Determination and Education Assistance Act and shall be 
     removed from the Indian Health Service priority list upon 
     completion: Provided further, That the Federal Government 
     shall not be liable for any property damages or other 
     construction claims that may arise from YKHC undertaking this 
     project: Provided further, That the land shall be owned or 
     leased by the YKHC and title to quarters shall remain vested 
     with the YKHC: Provided further, That not to exceed $500,000 
     shall be used by the Indian Health Service to purchase 
     TRANSAM equipment from the Department of Defense for 
     distribution to the Indian Health Service and tribal 
     facilities: Provided further, That none of the funds 
     appropriated to the Indian Health Service may be used for 
     sanitation facilities construction for new homes funded with 
     grants by the housing programs of the United States 
     Department of Housing and Urban Development: Provided 
     further, That not to exceed $1,000,000 from this account and 
     the ``Indian Health Services'' account shall be used by the 
     Indian Health Service to obtain ambulances for the Indian 
     Health Service and tribal facilities in conjunction with an 
     existing interagency agreement between the Indian Health 
     Service and the General Services Administration: Provided 
     further, That not to exceed $500,000 shall be placed in a 
     Demolition Fund and remain available until expended, to be 
     used by the Indian Health Service for demolition of Federal 
     buildings.

            administrative provisions, indian health service

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

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

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

                        Smithsonian Institution

                         salaries and expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease (for 
     terms not to exceed 30 years), and protection of buildings, 
     facilities, and approaches; not to exceed $100,000 for 
     services as authorized by 5 U.S.C. 3109; up to five 
     replacement passenger vehicles; purchase, rental, repair, and 
     cleaning of uniforms for employees, $487,989,000, of which 
     not to exceed $46,903,000 for the instrumentation program, 
     collections acquisition, exhibition reinstallation, the 
     National Museum of the American Indian, and the repatriation 
     of skeletal remains program shall remain available until 
     expended; and of which $828,000 for fellowships and scholarly 
     awards shall remain available until September 30, 2005; and 
     including such funds as may be necessary to support American 
     overseas research centers and a total of $125,000 for the 
     Council of American Overseas Research Centers: Provided, That 
     funds appropriated herein are available for advance payments 
     to independent contractors performing research services or 
     participating in official Smithsonian presentations: Provided 
     further, That the Smithsonian Institution may expend Federal 
     appropriations designated in this Act for lease or rent 
     payments for long term and swing space, as rent payable to 
     the Smithsonian Institution, and such rent payments may be 
     deposited into the general trust funds of the Institution to 
     the extent that federally supported activities are

[[Page 23383]]

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

                           facilities capital

       For necessary expenses of maintenance, repair, 
     revitalization, and alteration of facilities owned or 
     occupied by the Smithsonian Institution, by contract or 
     otherwise, as authorized by section 2 of the Act of August 
     22, 1949 (63 Stat. 623), and for construction, including 
     necessary personnel, $89,970,000, to remain available until 
     expended, of which not to exceed $10,000 is for services as 
     authorized by 5 U.S.C. 3109: Provided, That contracts awarded 
     for environmental systems, protection systems, and repair or 
     restoration of facilities of the Smithsonian Institution may 
     be negotiated with selected contractors and awarded on the 
     basis of contractor qualifications as well as price: Provided 
     further, That balances from amounts previously appropriated 
     under the headings ``Repair, Restoration and Alteration of 
     Facilities'' and ``Construction'' shall be transferred to and 
     merged with this appropriation and shall remain available 
     until expended.

           administrative provisions, smithsonian institution

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

                        National Gallery of Art

                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, museum, 
     and art associations or societies whose publications or 
     services are available to members only, or to members at a 
     price lower than to the general public; purchase, repair, and 
     cleaning of uniforms for guards, and uniforms, or allowances 
     therefor, for other employees as authorized by law (5 U.S.C. 
     5901-5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $85,650,000, 
     of which not to exceed $3,026,000 for the special exhibition 
     program shall remain available until expended.

            repair, restoration and renovation of buildings

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

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

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

                              construction

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

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $117,480,000, shall be available to the National Endowment 
     for the Arts for the support of projects and productions in 
     the arts through assistance to organizations and individuals 
     pursuant to sections 5(c) and 5(g) of the Act, including 
     $17,000,000 for support of arts education and public outreach 
     activities through the Challenge America program, for program 
     support, and for administering the functions of the Act, to 
     remain available until expended: Provided, That funds 
     previously appropriated to the National Endowment for the 
     Arts ``Matching Grants'' account and ``Challenge America'' 
     account may be transferred to and merged with this account.

                 National Endowment for the Humanities

                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $125,878,000, shall be available to the National Endowment 
     for the Humanities for support of activities in the 
     humanities, pursuant to section 7(c) of the Act, and for 
     administering the functions of the Act, to remain available 
     until expended.

                            matching grants

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

                       Administrative Provisions

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

                        Commission of Fine Arts

                         salaries and expenses

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

               national capital arts and cultural affairs

       For necessary expenses as authorized by Public Law 99-190 
     (20 U.S.C. 956(a)), as amended, $6,000,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

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

                  National Capital Planning Commission

                         salaries and expenses

       For necessary expenses, as authorized by the National 
     Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
     services as authorized by 5 U.S.C. 3109, $8,030,000: 
     Provided, That for fiscal year 2004 and thereafter, all 
     appointed members of the Commission will be compensated at a 
     rate not to exceed the daily equivalent of the annual rate of 
     pay for positions at level IV of the Executive Schedule for 
     each day such member is engaged in the actual performance of 
     duties.

                United States Holocaust Memorial Museum

                       holocaust memorial museum

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

                             Presidio Trust


                          presidio trust fund

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

[[Page 23384]]

     to the Presidio Trust, to remain available until expended.

                     TITLE III--GENERAL PROVISIONS

       Sec. 301. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive Order issued pursuant to existing law.
       Sec. 302. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which congressional action is not complete.
       Sec. 303. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 304. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 305. No assessments may be levied against any program, 
     budget activity, subactivity, or project funded by this Act 
     unless notice of such assessments and the basis therefor are 
     presented to the Committees on Appropriations and are 
     approved by such committees.
       Sec. 306. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (Sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 2003.
       Sec. 307. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.
       (b) Exceptions.--The provisions of subsection (a) shall not 
     apply if the Secretary of the Interior determines that, for 
     the claim concerned: (1) a patent application was filed with 
     the Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Report.--On September 30, 2004, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on actions taken by the 
     Department under the plan submitted pursuant to section 
     314(c) of the Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have the 
     sole responsibility to choose and pay the third-party 
     contractor in accordance with the standard procedures 
     employed by the Bureau of Land Management in the retention of 
     third-party contractors.
       Sec. 308. Notwithstanding any other provision of law, 
     amounts appropriated to or earmarked in committee reports for 
     the Bureau of Indian Affairs and the Indian Health Service by 
     Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
     277, 106-113, 106-291, and 107-63, for payments to tribes and 
     tribal organizations for contract support costs associated 
     with self-determination or self-governance contracts, grants, 
     compacts, or annual funding agreements with the Bureau of 
     Indian Affairs or the Indian Health Service as funded by such 
     Acts, are the total amounts available for fiscal years 1994 
     through 2003 for such purposes, except that, for the Bureau 
     of Indian Affairs, tribes and tribal organizations may use 
     their tribal priority allocations for unmet indirect costs of 
     ongoing contracts, grants, self-governance compacts or annual 
     funding agreements.
       Sec. 309. Of the funds provided to the National Endowment 
     for the Arts--
       (1) The Chairperson shall only award a grant to an 
     individual if such grant is awarded to such individual for a 
     literature fellowship, National Heritage Fellowship, or 
     American Jazz Masters Fellowship.
       (2) The Chairperson shall establish procedures to ensure 
     that no funding provided through a grant, except a grant made 
     to a State or local arts agency, or regional group, may be 
     used to make a grant to any other organization or individual 
     to conduct activity independent of the direct grant 
     recipient. Nothing in this subsection shall prohibit payments 
     made in exchange for goods and services.
       (3) No grant shall be used for seasonal support to a group, 
     unless the application is specific to the contents of the 
     season, including identified programs and/or projects.
       Sec. 310. The National Endowment for the Arts and the 
     National Endowment for the Humanities are authorized to 
     solicit, accept, receive, and invest in the name of the 
     United States, gifts, bequests, or devises of money and other 
     property or services and to use such in furtherance of the 
     functions of the National Endowment for the Arts and the 
     National Endowment for the Humanities. Any proceeds from such 
     gifts, bequests, or devises, after acceptance by the National 
     Endowment for the Arts or the National Endowment for the 
     Humanities, shall be paid by the donor or the representative 
     of the donor to the Chairman. The Chairman shall enter the 
     proceeds in a special interest-bearing account to the credit 
     of the appropriate endowment for the purposes specified in 
     each case.
       Sec. 311. (a) In providing services or awarding financial 
     assistance under the National Foundation on the Arts and the 
     Humanities Act of 1965 from funds appropriated under this 
     Act, the Chairperson of the National Endowment for the Arts 
     shall ensure that priority is given to providing services or 
     awarding financial assistance for projects, productions, 
     workshops, or programs that serve underserved populations.
       (b) In this section:
       (1) The term ``underserved population'' means a population 
     of individuals, including urban minorities, who have 
     historically been outside the purview of arts and humanities 
     programs due to factors such as a high incidence of income 
     below the poverty line or to geographic isolation.
       (2) The term ``poverty line'' means the poverty line (as 
     defined by the Office of Management and Budget, and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2)) (applicable to a 
     family of the size involved.
       (c) In providing services and awarding financial assistance 
     under the National Foundation on the Arts and Humanities Act 
     of 1965 with funds appropriated by this Act, the Chairperson 
     of the National Endowment for the Arts shall ensure that 
     priority is given to providing services or awarding financial 
     assistance for projects, productions, workshops, or programs 
     that will encourage public knowledge, education, 
     understanding, and appreciation of the arts.
       (d) With funds appropriated by this Act to carry out 
     section 5 of the National Foundation on the Arts and 
     Humanities Act of 1965--
       (1) the Chairperson shall establish a grant category for 
     projects, productions, workshops, or programs that are of 
     national impact or availability or are able to tour several 
     States;
       (2) the Chairperson shall not make grants exceeding 15 
     percent, in the aggregate, of such funds to any single State, 
     excluding grants made under the authority of paragraph (1);
       (3) the Chairperson shall report to the Congress annually 
     and by State, on grants awarded by the Chairperson in each 
     grant category under section 5 of such Act; and
       (4) the Chairperson shall encourage the use of grants to 
     improve and support community-based music performance and 
     education.
       Sec. 312. No part of any appropriation contained in this 
     Act shall be expended or obligated to complete and issue the 
     5-year program under the Forest and Rangeland Renewable 
     Resources Planning Act.
       Sec. 313. None of the funds in this Act may be used to 
     support Government-wide administrative functions unless such 
     functions are justified in the budget process and funding is 
     approved by the House and Senate Committees on 
     Appropriations.
       Sec. 314. Notwithstanding any other provision of law, none 
     of the funds in this Act may be used for GSA 
     Telecommunication Centers.
       Sec. 315. Notwithstanding any other provision of law, for 
     fiscal year 2004 the Secretaries of Agriculture and the 
     Interior are authorized to limit competition for watershed 
     restoration project contracts as part of the ``Jobs in the 
     Woods'' Program established in Region 10 of the Forest 
     Service to individuals and entities in historically timber-
     dependent areas in the States of Washington, Oregon, northern 
     California, Idaho, Montana, and Alaska that have been 
     affected by reduced timber harvesting on Federal lands. The 
     Secretaries shall consider the benefits to the local economy 
     in evaluating bids and designing procurements which create 
     economic opportunities for local contractors.
       Sec. 316. Amounts deposited during fiscal year 2003 in the 
     roads and trails fund provided for in the 14th paragraph 
     under the heading ``FOREST SERVICE'' of the Act of March 4, 
     1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the 
     Secretary of Agriculture, without regard to the State in 
     which the amounts were derived, to repair or reconstruct 
     roads, bridges, and trails on National Forest System lands or 
     to carry out and administer projects to improve forest health 
     conditions, which may include the repair or reconstruction of 
     roads, bridges, and trails on National Forest System lands in 
     the wildland-community interface where there is an abnormally 
     high risk of fire. The projects shall emphasize reducing 
     risks to human safety and public health and property and 
     enhancing ecological functions, long-term forest 
     productivity, and biological integrity. The projects may be 
     completed in a subsequent fiscal year. Funds shall not be 
     expended under this section to replace funds which would 
     otherwise appropriately be expended from the timber salvage 
     sale fund. Nothing in this section shall be construed to 
     exempt any project from any environmental law.
       Sec. 317. Other than in emergency situations, none of the 
     funds in this Act may be used to operate telephone answering 
     machines during core business hours unless such answering 
     machines include an option that enables callers to reach

[[Page 23385]]

     promptly an individual on-duty with the agency being 
     contacted.
       Sec. 318. No timber sale in Region 10 shall be advertised 
     if the indicated rate is deficit when appraised using a 
     residual value approach that assigns domestic Alaska values 
     for western redcedar. Program accomplishments shall be based 
     on volume sold. Should Region 10 sell, in fiscal year 2003, 
     the annual average portion of the decadal allowable sale 
     quantity called for in the current Tongass Land Management 
     Plan in sales which are not deficit when appraised using a 
     residual value approach that assigns domestic Alaska values 
     for western redcedar, all of the western redcedar timber from 
     those sales which is surplus to the needs of domestic 
     processors in Alaska, shall be made available to domestic 
     processors in the contiguous 48 United States at prevailing 
     domestic prices. Should Region 10 sell, in fiscal year 2003, 
     less than the annual average portion of the decadal allowable 
     sale quantity called for in the Tongass Land Management Plan 
     in sales which are not deficit when appraised using a 
     residual value approach that assigns domestic Alaska values 
     for western redcedar, the volume of western redcedar timber 
     available to domestic processors at prevailing domestic 
     prices in the contiguous 48 United States shall be that 
     volume: (i) which is surplus to the needs of domestic 
     processors in Alaska, and (ii) is that percent of the surplus 
     western redcedar volume determined by calculating the ratio 
     of the total timber volume which has been sold on the Tongass 
     to the annual average portion of the decadal allowable sale 
     quantity called for in the current Tongass Land Management 
     Plan. The percentage shall be calculated by Region 10 on a 
     rolling basis as each sale is sold (for purposes of this 
     amendment, a ``rolling basis'' shall mean that the 
     determination of how much western redcedar is eligible for 
     sale to various markets shall be made at the time each sale 
     is awarded). Western redcedar shall be deemed ``surplus to 
     the needs of domestic processors in Alaska'' when the timber 
     sale holder has presented to the Forest Service documentation 
     of the inability to sell western redcedar logs from a given 
     sale to domestic Alaska processors at a price equal to or 
     greater than the log selling value stated in the contract. 
     All additional western redcedar volume not sold to Alaska or 
     contiguous 48 United States domestic processors may be 
     exported to foreign markets at the election of the timber 
     sale holder. All Alaska yellow cedar may be sold at 
     prevailing export prices at the election of the timber sale 
     holder.
       Sec. 319. A project undertaken by the Forest Service under 
     the Recreation Fee Demonstration Program as authorized by 
     section 315 of the Department of the Interior and Related 
     Agencies Appropriations Act for Fiscal Year 1996, as amended, 
     shall not result in--
       (1) displacement of the holder of an authorization to 
     provide commercial recreation services on Federal lands. 
     Prior to initiating any project, the Secretary shall consult 
     with potentially affected holders to determine what impacts 
     the project may have on the holders. Any modifications to the 
     authorization shall be made within the terms and conditions 
     of the authorization and authorities of the impacted agency;
       (2) the return of a commercial recreation service to the 
     Secretary for operation when such services have been provided 
     in the past by a private sector provider, except when--
       (A) the private sector provider fails to bid on such 
     opportunities;
       (B) the private sector provider terminates its relationship 
     with the agency; or
       (C) the agency revokes the permit for non-compliance with 
     the terms and conditions of the authorization.

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

[[Page 23386]]

     Corps or related partnerships with State, local or non-profit 
     youth groups, or small or disadvantaged business: Provided 
     further, That the contract, grant, or cooperative agreement 
     is for forest hazardous fuels reduction, watershed or water 
     quality monitoring or restoration, wildlife or fish 
     population monitoring, or habitat restoration or management: 
     Provided further, That the terms ``rural community'' and 
     ``economically disadvantaged'' shall have the same meanings 
     as in section 2374 of Public Law 101-624: Provided further, 
     That the Secretaries shall develop guidance to implement this 
     section: Provided further, That nothing in this section shall 
     be construed as relieving the Secretaries of any duty under 
     applicable procurement laws, except as provided in this 
     section.
       Sec. 329. 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. 330. Implementation of Gallatin Land Consolidation Act 
     of 1998. (a) Definitions.--For purposes of this section:
       (1) ``Gallatin Land Consolidation Act of 1998'' means 
     Public Law 105-267 (112 Stat. 2371).
       (2) ``Option Agreement'' has the same meaning as defined in 
     section 3(6) of the Gallatin Land Consolidation Act of 1998.
       (3) ``Secretary'' means the Secretary of Agriculture.
       (4) ``Excess receipts'' means National Forest Fund receipts 
     from the National Forests in Montana, which are identified 
     and adjusted by the Forest Service within the fiscal year, 
     and which are in excess of funds retained for: the Salvage 
     Sale Fund; the Knutson-Vandenberg Fund; the Purchaser Road/
     Specified Road Credits; the Twenty-Five Percent Fund, as 
     amended; the Ten Percent Road and Trail Fund; the Timber Sale 
     Pipeline Restoration Fund; the Fifty Percent Grazing Class A 
     Receipts Fund; and the Land and Water Conservation Fund 
     Recreation User Fees Receipts--Class A Fund.
       (5) ``Special Account'' means the special account 
     referenced in section 4(c)(2) of the Gallatin Land 
     Consolidation Act of 1998.
       (6) ``Eastside National Forests'' has the same meaning as 
     in section 3(4) of the Gallatin Land Consolidation Act of 
     1998.
       (b) Special Account.--
       (1) The Secretary is authorized and directed, without 
     further appropriation or reprogramming of funds, to transfer 
     to the Special Account these enumerated funds and receipts in 
     the following order:
       (A) timber sale receipts from the Gallatin National Forest 
     and other Eastside National Forests, as such receipts are 
     referenced in section 4(a)(2)(C) of the Gallatin Land 
     Consolidation Act of 1998;
       (B) any available funds heretofore appropriated for the 
     acquisition of lands for National Forest purposes in the 
     State of Montana through fiscal year 2003;
       (C) net receipts from the conveyance of lands on the 
     Gallatin National Forest as authorized by subsection (c); 
     and,
       (D) excess receipts for fiscal years 2003 through 2008.
       (2) All funds in the Special Account shall be available to 
     the Secretary until expended, without further appropriation, 
     and will be expended prior to the end of fiscal year 2008 for 
     the following purposes:
       (A) the completion of the land acquisitions authorized by 
     the Gallatin Land Consolidation Act of 1998 and fulfillment 
     of the Option Agreement, as may be amended from time to time; 
     and,
       (B) the acquisition of lands for which acquisition funds 
     were transferred to the Special Account pursuant to 
     subsection (b)(1)(B).
       (3) The Special Account shall be closed at the end of 
     fiscal year 2008 and any monies remaining in the Special 
     Account shall be transferred to the fund established under 
     Public Law 90-171 (commonly known as the ``Sisk Act'', 16 
     U.S.C. Sec. 484a) to remain available, until expended, for 
     the acquisition of lands for National Forest purposes in the 
     State of Montana.
       (4) Funds deposited in the Special Account or eligible for 
     deposit shall not be subject to transfer or reprogramming for 
     wildland fire management or any other emergency purposes.
       (c) Land Conveyances Within the Gallatin National Forest.--
       (1) Conveyance authority.--The Secretary is authorized, 
     under such terms and conditions as the Secretary may 
     prescribe and without requirements for further administrative 
     or environmental analyses or examination, to sell or exchange 
     any or all rights, title, and interests of the United States 
     in the following lands within the Gallatin National Forest in 
     the State of Montana:
       (A) SMC East Boulder Mine Portal Tract: Principal Meridian, 
     T.3S., R.11E., Section 4, lots 3 to 4 inclusive, W\1/2\SE\1/
     4\NW\1/4\, containing 76.27 acres more or less.
       (B) Forest Service West Yellowstone Administrative Site: 
     U.S. Forest Service Administrative Site located within the 
     NE\1/4\ of Block 17 of the Townsite of West Yellowstone which 
     is situated in the N\1/2\ of Section 34, T.13S., R.5E., 
     Principal Meridian, Gallatin County, Montana, containing 1.04 
     acres more or less.
       (C) Mill Fork Mission Creek Tract: Principal Meridian, 
     T.13S., R.5E., Section 34, NW\1/4\SW\1/4\, containing 40 
     acres more or less.
       (D) West Yellowstone Town Expansion Tract #1: Principal 
     Meridian, T.13S., R.5E., Section 33, E\1/2\E\1/2\NE\1/4\, 
     containing 40 acres more or less.
       (E) West Yellowstone Town Expansion Tract #2: Principal 
     Meridian, T.13S., R.5E., Section 33, NE\1/4\SE\1/4\, 
     containing 40 acres more or less.
       (2) Descriptions.--The Secretary may modify the 
     descriptions in subsection (c)(1) to correct errors or to 
     reconfigure the properties in order to facilitate a 
     conveyance.
       (3) Consideration.--Consideration for a sale or exchange of 
     land under this subsection may include cash, land, or a 
     combination of both.
       (4) Valuation.--Any appraisals of land deemed necessary or 
     desirable by the Secretary to carry out the purposes of this 
     section shall conform to the Uniform Appraisal Standards for 
     Federal Land Acquisitions.
       (5) Cash equalization.--Notwithstanding any other provision 
     of law, the Secretary may accept a cash equalization payment 
     in excess of 25 percent of the value of any land exchanged 
     under this subsection.
       (6) Solicitations of offers.--The Secretary may:
       (A) solicit offers for sale or exchange of land under this 
     subsection on such terms and conditions as the Secretary may 
     prescribe, or
       (B) reject any offer made under this subsection if the 
     Secretary determines that the offer is not adequate or not in 
     the public interest.
       (7) Methods of sale.--The Secretary may sell land at public 
     or private sale, including competitive sale by auction, bid, 
     or otherwise, in accordance with such terms, conditions, and 
     procedures as the Secretary determines will be in the best 
     interests of the United States.
       (8) Brokers.--The Secretary may utilize brokers or other 
     third parties in the disposition of the land authorized by 
     this subsection and, from the proceeds of the sale, may pay 
     reasonable commissions or fees on the sale or sales.
       (9) Receipts from sale or exchange.--The Secretary shall 
     deposit the net receipts of a sale or exchange under this 
     subsection in the Special Account.
       (d) Miscellaneous Provisions.--
       (1) Receipts from any sale or exchange pursuant to 
     subsection (c) of this section:
       (A) shall not be deemed excess receipts for purposes of 
     this section;
       (B) shall not be paid or distributed to the State or 
     counties under any provision of law, or otherwise deemed as 
     moneys received from the National Forest for purposes of the 
     Act of May 23, 1908 or the Act of March 1, 1911 (16 U.S.C. 
     Sec. 500, as amended), or the Act of March 4, 1913 (16 U.S.C. 
     Sec. 501, as amended).
       (2) As of the date of enactment of this section, any public 
     land order withdrawing land described in subsection (c)(1) 
     from all forms of appropriation under the public land laws is 
     revoked with respect to any portion of the land conveyed by 
     the Secretary under this section.
       (3) Subject to valid existing rights, all lands described 
     in section (c)(1) are withdrawn from location, entry, and 
     patent under the mining laws of the United States.
       (4) The Agriculture Property Management Regulations shall 
     not apply to any action taken pursuant to this section.
       (e) Option Agreement Amendment.--The Amendment No. 1 to the 
     Option Agreement is hereby ratified as a matter of Federal 
     law and the parties to it are authorized to effect the terms 
     and conditions thereof.
       Sec. 331. Transfer of Forest Legacy Program Land. Section 
     7(l) of the Cooperative Forestry Assistance Act of 1978 (16 
     U.S.C. 2103c(l)) is amended by inserting after paragraph (2) 
     the following:
       ``(3) Transfer of forest legacy program land.--
       ``(A) In general.--Subject to any terms and conditions that 
     the Secretary may require (including the requirements 
     described in subparagraph (B)), the Secretary may, at the 
     request of a participating State, convey to the State, by 
     quitclaim deed, without consideration, any land or interest 
     in land acquired in the State under the Forest Legacy 
     Program.
       ``(B) Requirements.--In conveying land or an interest in 
     land under subparagraph (A), the Secretary may require that--
       ``(i) the deed conveying the land or interest in land 
     include requirements for the management of the land in a 
     manner that--

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

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

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

       ``(C) Disposition of funds.--Amounts received by the 
     Secretary under subparagraph

[[Page 23387]]

     (B)(ii) shall be credited to the Forest Legacy Program 
     account, to remain available until expended.''.
       Sec. 332. Notwithstanding section 9(b) of Public Law 106-
     506, funds hereinafter appropriated under Public Law 106-506 
     shall require matching funds from non-Federal sources on the 
     basis of aggregate contribution to the Environmental 
     Improvement Program, as defined in Public Law 106-506, rather 
     than on a project-by-project basis, except for those 
     activities provided under section 9(c) of that Act, to which 
     this amendment shall not apply.
       Sec. 333. Any application for judicial review of a Record 
     of Decision for any timber sale in Region 10 of the Forest 
     Service that had a Notice of Intent prepared on or before 
     January 1, 2003 shall--
       (1) be filed in the Alaska District of the Federal District 
     Court within 30 days after exhaustion of the Forest Service 
     administrative appeals process (36 C.F.R. 215) or within 30 
     days of enactment of this Act if the administrative appeals 
     process has been exhausted prior to enactment of this Act, 
     and the Forest Service shall strictly comply with the 
     schedule for completion of administrative action;
       (2) be completed and a decision rendered by the court not 
     later than 180 days from the date such request for review is 
     filed; if a decision is not rendered by the court within 180 
     days as required by this subsection, the Secretary of 
     Agriculture shall petition the court to proceed with the 
     action.
       Sec. 334. (a) In General.--Notwithstanding any other 
     provision of law, the Secretary of Agriculture may cancel, 
     with the consent of the timber purchaser, any contract for 
     the sale of timber in Alaska if--
       (1) the Secretary determines, in the Secretary's sole 
     discretion, that the sale is uneconomical to perform; and
       (2) the timber purchaser agrees to--
       (A) terminate its rights under the contract; and
       (B) release the United States from all liability, including 
     further consideration or compensation resulting from such 
     cancellation.
       (b) Effect of Cancellation.--
       (1) In general.--The United States shall not surrender any 
     claim against a timber purchaser that arose under a contract 
     before cancellation under this section not in connection with 
     the cancellation.
       (2) Limitation.--Cancellation of a contract under this 
     section shall release the timber purchaser from liability for 
     any damages resulting from cancellation of such contract.
       (c) Timber Available for Resale.--Timber included in a 
     contract cancelled under this section shall be available for 
     resale by the Secretary of Agriculture.
       Sec. 335. Funds appropriated for the Green Mountain 
     National Forest previously or in this Act may be used for the 
     acquisition of lands in the Blueberry Lake area.
       Sec. 336. Electric Thermal Storage Technology. Section 
     412(9) of the Energy Conservation in Existing Buildings Act 
     of 1976 (42 U.S.C. 6862(9)) is amended--
       (1) in subparagraph (I), by striking ``and'' at the end;
       (2) by redesignating subparagraph (J) as subparagraph (K); 
     and
       (3) by inserting after subparagraph (I) the following:
       ``(J) electric thermal storage technology; and''.
       Sec. 337. Zortman/Landusky Mine Reclamation Trust Fund. (a) 
     Establishment.--There is established in the Treasury of the 
     United States a fund to be known as the ``Zortman/Landusky 
     Mine Reclamation Trust Fund'' (referred to in this section as 
     the ``Fund'').
       (b) Deposit.--For the fiscal year during which this Act is 
     enacted and each fiscal year thereafter until the aggregate 
     amount deposited in the Fund under this subsection is equal 
     to at least $22,500,000, the Secretary of the Treasury shall 
     deposit $2,250,000 in the Fund.
       (c) Investments.--The Secretary of the Treasury shall 
     invest the amounts deposited under subsection (b) only in 
     interest-bearing obligations of the United States or in 
     obligations guaranteed by the United States as to both 
     principal and interest.
       (d) Payments.--
       (1) In general.--All amounts credited as interest under 
     subsection (c) may be available, without fiscal year 
     limitation, to the State of Montana for use in accordance 
     with paragraph (3) after the Fund has been fully capitalized.
       (2) Withdrawal and transfer of funds.--The Secretary of the 
     Treasury shall withdraw amounts credited as interest under 
     paragraph (1) and transfer the amounts to the State of 
     Montana for use as State funds in accordance with paragraph 
     (3) after the Fund has been fully capitalized.
       (3) Use of transferred funds.--The State of Montana shall 
     use the amounts transferred under paragraph (2) only to 
     supplement funding available from the State Administered 
     ``Zortman/Landusky Long-Term Water Treatment Trust Fund'' to 
     fund annual operation and maintenance costs for water 
     treatment related to the Zortman/Landusky mine site and 
     reclamation areas.
       (e) Transfers and Withdrawals.--The Secretary of the 
     Treasury may not transfer or withdraw any amount deposited 
     under subsection (b).
       (f) Administrative Expenses.--There are authorized to be 
     appropriated to the Secretary of the Treasury such sums as 
     are necessary to pay the administrative expenses of the Fund.
       Sec. 338. Lake Tahoe Restoration Projects. Section 
     4(e)(3)(A) of the Southern Nevada Public Land Management Act 
     of 1998 (112 Stat. 2346; 116 Stat. 2007) is amended--
       (1) in clause (v), by striking ``and'' at the end;
       (2) by redesignating clause (vi) as clause (vii); and
       (3) by inserting after clause (v) the following:
       ``(vi) environmental restoration projects under sections 6 
     and 7 of the Lake Tahoe Restoration Act (114 Stat. 2354) and 
     environmental improvement payments under section 2(g) of 
     Public Law 96-586 (94 Stat. 3382), in an amount equal to the 
     cumulative amounts authorized to be appropriated for such 
     projects under those Acts and in accordance with a revision 
     to the Southern Nevada Public Land Management Act of 1998 
     Implementation Agreement to implement this section, which 
     shall include a mechanism to ensure appropriate stakeholders 
     from the States of California and Nevada participate in the 
     process to recommend projects for funding; and''.
       Sec. 339. Acquisition of land in Nye county, Nevada. (a) In 
     General.--Subject to subsection (c), the Secretary of the 
     Interior (referred to in this section as the ``Secretary'') 
     may acquire by donation all right, title, and interest in and 
     to the parcel of land (including improvements to the land) 
     described in subsection (b).
       (b) Description of Land.--The land referred to in 
     subsection (a) is the parcel of land in Nye County, Nevada--
       (1) consisting of not more than 15 acres;
       (2) comprising a portion of Tract 37 located north of the 
     center line of Nevada State Highway 374; and
       (3) located in the E\1/2\NW\1/4\, NW\1/4\NE\1/4\ sec. 22, 
     T. 12 S., R. 46 E., Mount Diablo Base and Meridian.
       (c) Conditions.--
       (1) In general.--The Secretary shall not accept for 
     donation under subsection (a) any land or structure if the 
     Secretary determines that the land or structure, or a portion 
     of the land or structure, has or or may be contaminated 
     with--
       (A) hazardous substances, pollutants, or contaminants, as 
     defined in section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601); or
       (B) any petroleum substance, fraction, or derivative.
       (2) Certification.--Before accepting a donation of land 
     under subsection (a), the Secretary shall certify that any 
     structures on the land to be donated--
       (A) meet all applicable building code requirements, as 
     determined by an independent contractor; and
       (B) are in good condition, as determined by the Director of 
     the National Park Service.
       (d) Use of Land.--The parcel of land acquired under 
     subsection (a) shall be used by the Secretary for the 
     development, operation, and maintenance of administrative and 
     visitor facilities for Death Valley National Park.
       Sec. 340. Section 301 of the Energy Policy Act of 1992 (42 
     U.S.C. 13211) is amended--
       (1) by striking ``or a dual fueled vehicle'' at the end of 
     subparagraph (3) and inserting ``, a dual fueled vehicle, or 
     a neighborhood electric vehicle'';
       (2) by striking ``and'' at the end of subparagraph (13);
       (3) by striking the period at the end of subparagraph (14) 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(15) the term `neighborhood electric vehicle' means a 
     motor vehicle that qualifies as both--
       ``(A) a low-speed vehicle, as such term is defined in 
     section 571.3(b) of title 49, Code of Federal Regulations; 
     and
       ``(B) a zero-emission vehicle, as such term is defined in 
     section 86.1702-99 of title 40, Code of Federal 
     Regulations.''.
       Sec. 341. Conveyance to the City of Las Vegas, Nevada. 
     Section 705(b) of the Clark County Conservation of Public 
     Land and Natural Resources Act of 2002 (116 Stat. 2015) is 
     amended by striking ``parcels of land'' and all that follows 
     through the period at the end and inserting the following: 
     ``parcel of land identified as `Tract C' on the map and the 
     approximately 10 acres of land in Clark County, Nevada, 
     described as follows: in the NW\1/4\ SE\1/4\ SW\1/4\ of 
     section 28, T. 20 S., R. 60 E., Mount Diablo Base and 
     Meridian.''.
       Sec. 342. Northeast Home Heating Oil Reserve Report. Not 
     later than December 1, 2003, the Secretary of Energy shall 
     submit to the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Resources of the House of 
     Representatives a report that--
       (1) describes--
       (A) the various scenarios under which the Northeast Home 
     Heating Oil Reserve may be used; and
       (B) the underlying assumptions for each of the scenarios; 
     and
       (2) includes recommendations for alternative formulas to 
     determine supply disruption.
       Sec. 343.  Congaree Swamp National Monument Boundary 
     Revision. The first section of Public Law 94-545 (90 Stat. 
     2517; 102 Stat. 2607) is amended--
       (1) in subsection (b), by striking the last sentence; and
       (2) by adding at the end the following:
       ``(c) Acquisition of Additional Land.--
       ``(1) In general.--The Secretary may acquire by donation, 
     by purchase from a willing seller with donated or 
     appropriated funds, by transfer, or by exchange, land or an 
     interest in land described in paragraph (2) for inclusion in 
     the monument.
       ``(2) Description of land.--The land referred to in 
     paragraph (1) is the approximately 4,576

[[Page 23388]]

     acres of land adjacent to the Monument, as depicted on the 
     map entitled ``Congaree National Park Boundary Map'', 
     numbered 178/80015, and dated August 2003.
       ``(3) Availability of map.--The map referred to in 
     paragraph (2) shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       ``(4) Boundary revision.--On acquisition of the land or an 
     interest in land under paragraph (1), the Secretary shall 
     revise the boundary of the monument to reflect the 
     acquisition.
       ``(5) Administration.--Any land acquired by the Secretary 
     under paragraph (1) shall be administered by the Secretary as 
     part of the monument.
       ``(6) Effect.--Nothing in this section--
       ``(A) affects the use of private land adjacent to the 
     monument;
       ``(B) preempts the authority of the State with respect to 
     the regulation of hunting, fishing, boating, and wildlife 
     management on private land or water outside the boundaries of 
     the monument; or
       ``(C) negatively affects the economic development of the 
     areas surrounding the monument.
       ``(d) Acreage Limitation.--The total acreage of the 
     monument shall not exceed 26,776 acres.''.
       Sec. 344. Section 104 (16 U.S.C. 1374) is amended in 
     subsection (c)(5)(D) by striking ``the date of the enactment 
     of the Marine Mammal Protection Act Amendments of 1994'' and 
     inserting ``February 18, 1997''.
       Sec. 345. The business size restrictions for the rural 
     business enterprise grants for Oakridge, Oregon do not apply.

            TITLE IV--WILDLAND FIRE EMERGENCY APPROPRIATIONS

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                        wildland fire management

       For necessary expenses to repay advances from other 
     appropriations transferred in fiscal year 2003 for emergency 
     rehabilitation and wildfire suppression activities of the 
     Department of the Interior, $75,000,000 to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 502 of House Concurrent Resolution 95, 
     the concurrent resolution on the budget for fiscal year 2004: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request for 
     $75,000,000, that includes designation of the entire amount 
     of $75,000,000 as an emergency requirement as defined in 
     House Concurrent Resolution 95, the concurrent resolution on 
     the budget for fiscal year 2004, is transmitted by the 
     President to the Congress.

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                        wildland fire management

       For necessary expenses to repay advances from other 
     appropriations transferred in fiscal year 2003 for wildfire 
     suppression and emergency rehabilitation activities of the 
     Forest Service, $325,000,000 to remain available until 
     expended: Provided, That the entire amount is -designated by 
     the Congress as an emergency requirement pursuant to section 
     502 of House Concurrent Resolution 95, the concurrent 
     resolution on the budget for fiscal year 2004: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for $325,000,000, 
     that includes designation of the entire amount of 
     $325,000,000 as an emergency requirement as defined in House 
     Concurrent Resolution 95, the concurrent resolution on the 
     budget for fiscal year 2004, is transmitted by the President 
     to the Congress.

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

       Sec. 501. Short Title. This title may be cited as the 
     ``Flathead and Kootenai National Forest Rehabilitation Act of 
     2003''.
       Sec. 502. Findings and Purpose. (a) Findings.--Congress 
     finds that--
       (1) the Robert Fire and Wedge Fire of 2003 caused extensive 
     resource damage in the Flathead National Forest;
       (2) the fires of 2000 caused extensive resource damage on 
     the Kootenai National Forest and implementation of 
     rehabilitation and recovery projects developed by the agency 
     for the Forest is critical;
       (3) the environmental planning and analysis to restore 
     areas affected by the Robert Fire and Wedge Fire will be 
     completed through a collaborative community process;
       (4) the rehabilitation of burned areas needs to be 
     completed in a timely manner in order to reduce the long-term 
     environmental impacts; and
       (5) wildlife and watershed resource values will be 
     maintained in areas affected by the Robert Fire and Wedge 
     Fire while exempting the rehabilitation effort from certain 
     applications of the National Environmental Policy Act (NEPA) 
     and the Clean Water Act (CWA).
       (b) The purpose of this title is to accomplish in a 
     collaborative environment, the planning and rehabilitation of 
     the Robert Fire and Wedge Fire and to ensure timely 
     implementation of recovery and rehabilitation projects on the 
     Kootenai National Forest.
       Sec. 503. Rehabilitation Projects. (a) In General.--The 
     Secretary of Agriculture (in this title referred to as the 
     ``Secretary'') may conduct projects that the Secretary 
     determines are necessary to rehabilitate and restore, and may 
     conduct salvage harvests on, National Forest System lands in 
     the North Fork drainage on the Flathead National Forest, as 
     generally depicted on a map entitled ``North Fork Drainage'' 
     which shall be on file and available for public inspection in 
     the Office of Chief, Forest Service, Washington, D.C.
       (b) Procedure.--
       (1) In general.--Except as otherwise provided by this 
     title, the Secretary shall conduct projects under this title 
     in accordance with--
       (A) the National Environmental Policy Act (42 U.S.C. 4321 
     et seq.); and
       (B) other applicable laws.
       (2) Environmental assessment or impact statement.--If an 
     environmental assessment or an environmental impact statement 
     (pursuant to section 102(2) of the National Environmental 
     Policy Act (42 U.S.C. 4332(2)) is required for a project 
     under this title, the Secretary shall not be required to 
     study, develop, or describe any alternative to the proposed 
     agency action in the environmental assessment or the 
     environmental impact statement.
       (3) Public collaboration.--To encourage meaningful 
     participation during preparation of a project under this 
     title, the Secretary shall facilitate collaboration among the 
     State of Montana, local governments, and Indian tribes, and 
     participation of interested persons, during the preparation 
     of each project in a manner consistent with the 
     Implementation Plan for the 10-year Comprehensive Strategy of 
     a Collaborative Approach for Reducing Wildland Fire Risks to 
     Communities and the Environment, dated May 2002, which was 
     developed pursuant to the conference report for the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 2001 (House Report 106-646).
       (4) Compliance with clean water act.--Consistent with the 
     Clean Water Act (33 U.S.C. 1251 et seq.) and Montana Code 75-
     5-703(10)(b), the Secretary is not prohibited from 
     implementing projects under this title due to the lack of a 
     Total Maximum Daily Load as provided for under section 303(d) 
     of the Clean Water Act (33 U.S.C. 1313(d)), except that the 
     Secretary shall comply with any best management practices 
     required by the State of Montana.
       (5) Endangered species act consultation.--If a consultation 
     is required under section 7 of the Endangered Species Act (16 
     U.S.C. 1536) for a project under this title, the Secretary of 
     the Interior shall expedite and give precedence to such 
     consultation over any similar requests for consultation by 
     the Secretary.
       (6) Administrative appeals.--Section 322 of the Department 
     of the Interior and Related Agencies Appropriations Act, 1993 
     (Public Law 102-381; 16 U.S.C. 1612 note) and section 215 of 
     title 36, Code of Federal Regulations shall apply to projects 
     under this title, except that--
       (A) to be eligible to file an appeal, an individual or 
     organization shall submit specific and substantive written 
     comments during the comment period; and
       (B) a determination that an emergency situation exists 
     pursuant to section 215.10 of title 36, Code of Federal 
     Regulations, shall be made where it is determined that 
     implementation of all or part of a decision for a project 
     under this title is necessary for relief from--
       (i) adverse affects on soil stability and water quality 
     resulting from vegetation loss; or
       (ii) loss of fish and wildlife habitat.
       Sec. 504. Contracting and Cooperative Agreements. (a) In 
     General.--Notwithstanding chapter 63 of title 31, United 
     States Code, the Secretary may enter into contract or 
     cooperative agreements to carry out a project under this 
     title.
       (b) Exemption.--Notwithstanding any other provisions of 
     law, the Secretary may limit competition for a contract or a 
     cooperative agreement under subsection (a).
       Sec. 505. Monitoring Requirements. (a) In General.--The 
     Secretary shall establish a multiparty monitoring group 
     consisting of a representative number of interested parties, 
     as determined by the Secretary, to monitor the performance 
     and effectiveness of projects conducted under this title.
       (b) Reporting Requirements.--The multiparty monitoring 
     group shall prepare annually a report to the Secretary on the 
     progress of the projects conducted under this title in 
     rehabilitating and restoring the North Fork drainage. The 
     Secretary shall submit the report to the Senate Subcommittee 
     on Interior Appropriations of the Senate Committee on 
     Appropriations.
       Sec. 506. Sunset. The authority for the Secretary to issue 
     a decision to carry out a project under this title shall 
     expire 5 years from the date of enactment.
       Sec. 507. Implementation of Records of Decision. The 
     Secretary of Agriculture shall publish new information 
     regarding forest wide estimates of old growth from volume 103 
     of the administrative record in the case captioned Ecology 
     Center v. Castaneda, CV-02-200-M-DWM (D. Mont.) for public 
     comment for a 30-day period. The Secretary shall review any 
     comments received during the comment period and decide 
     whether to modify the Records of Decision (hereinafter 
     referred to as the ``ROD's'') for the Pinkham, White Pine, 
     Kelsey-Beaver, Gold/Boulder/Sullivan, and Pink Stone projects 
     on the Kootenai National Forest. The ROD's, whether modified 
     or not, shall not be deemed arbitrary and capricious under 
     the NFMA, NEPA or other applicable law as long as each 
     project area retains 10 percent designated old growth in the 
     project area.
       This Act may be cited as the ``Department of the Interior 
     and Related Agencies Appropriations Act, 2004''.

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