[House Report 107-234]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-234
======================================================================
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND FOR OTHER
PURPOSES
_______
October 11, 2001.--Ordered to be printed
_______
Mr. Skeen, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2217]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2217) ``making appropriations for the Department of the
Interior and related agencies for the fiscal year ending
September 30, 2002, and for other purposes'', having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of
the Interior and related agencies for the fiscal year ending
September 30, 2002, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$775,632,000, to remain available until expended, of which
$1,000,000 is for high priority projects which shall be carried
out by the Youth Conservation Corps, defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of such Act;
of which $4,000,000 shall be available for assessment of the
mineral potential of public lands in Alaska pursuant to section
1010 of Public Law 96-487 (16 U.S.C. 3150); and of which not to
exceed $1,000,000 shall be derived from the special receipt
account established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l-6a(i)); and of which
$3,000,000 shall be available in fiscal year 2002 subject to a
match by at least an equal amount by the National Fish and
Wildlife Foundation, to such Foundation for cost-shared
projects supporting conservation of Bureau lands and such funds
shall be advanced to the Foundation as a lump sum grant without
regard to when expenses are incurred; in addition, $32,298,000
for Mining Law Administration program operations, including the
cost of administering the mining claim fee program; to remain
available until expended, to be reduced by amounts collected by
the Bureau and credited to this appropriation from annual
mining claim fees so as to result in a final appropriation
estimated at not more than $775,632,000, and $2,000,000, to
remain available until expended, from communication site rental
fees established by the Bureau for the cost of administering
communication site activities: Provided, That appropriations
herein made shall not be available for the destruction of
healthy, unadopted, wild horses and burros in the care of the
Bureau or its contractors: Provided further, That of the amount
provided, $28,000,000 is for the conservation activities
defined in section 250(c)(4)(E) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act: Provided further, That fiscal year 2001
balances in the Federal Infrastructure Improvement account for
the Bureau of Land Management shall be transferred to and
merged with this appropriation, and shall remain available
until expended.
wildland fire management
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $624,421,000, to
remain available until expended, of which not to exceed
$19,774,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That unobligated balances of amounts
previously appropriated to the ``Fire Protection'' and
``Emergency Department of the Interior Firefighting Fund'' may
be transferred and merged with this appropriation: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds
available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or
office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this Act,
the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous
fuels reduction activities, and for training and monitoring
associated with such hazardous fuels reduction activities, on
Federal land, or on adjacent non-Federal land for activities
that benefit resources on Federal land: Provided further, That
the costs of implementing any cooperative agreement between the
Federal government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That in entering into such grants or cooperative agreements,
the Secretary may consider the enhancement of local and small
business employment opportunities for rural communities, and
that in entering into procurement contracts under this section
on a best value basis, the Secretary may take into account the
ability of an entity to enhance local and small business
employment opportunities in rural communities, and that the
Secretary may award procurement contracts, grants, or
cooperative agreements under this section to entities that
include local non-profit entities, Youth Conservation Corps or
related partnerships, or small or disadvantaged businesses:
Provided further, That funds appropriated under this head may
be used to reimburse the United States Fish and Wildlife
Service and the National Marine Fisheries Service for the costs
of carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act in connection
with wildland fire management activities.
For an additional amount to cover necessary expenses for
burned areas rehabilitation and fire suppression by the
Department of the Interior, $54,000,000, to remain available
until expended, of which $34,000,000 is for wildfire
suppression and $20,000,000 is for burned areas rehabilitation:
Provided, That the Congress designates the entire amount as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That $54,000,000 shall be available
only to the extent an official budget request, that includes
designation of the $54,000,000 as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.), $9,978,000,
to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by
a party in advance of or as reimbursement for remedial action
or response activities conducted by the Department pursuant to
section 107 or 113(f) of such Act, shall be credited to this
account to be available until expended without further
appropriation: Provided further, That such sums recovered from
or paid by any party are not limited to monetary payments and
may include stocks, bonds or other personal or real property,
which may be retained, liquidated, or otherwise disposed of by
the Secretary and which shall be credited to this account.
construction
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $13,076,000, to
remain available until expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $210,000,000, of which
not to exceed $400,000 shall be available for administrative
expenses and of which $50,000,000 is for the conservation
activities defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act: Provided, That no payment shall
be made to otherwise eligible units of local government if the
computed amount of the payment is less than $100.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative expenses
and acquisition of lands or waters, or interests therein,
$49,920,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended, and to be for the
conservation activities defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of such Act.
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; $105,165,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
forest ecosystems health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning,
preparing, and monitoring salvage timber sales and forest
ecosystem health and recovery activities such as release from
competing vegetation and density control treatments. The
Federal share of receipts (defined as the portion of salvage
timber receipts not paid to the counties under 43 U.S.C. 1181f
and 43 U.S.C. 1181-1 et seq., and Public Law 103-66) derived
from treatments funded by this account shall be deposited into
the Forest Ecosystem Health and Recovery Fund.
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided, That
not to exceed $600,000 shall be available for administrative
expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for
solely on her certificate, not to exceed $10,000: Provided,
That notwithstanding 44 U.S.C. 501, the Bureau may, under
cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share the cost of printing either in cash or in
services, and the Bureau determines the cooperator is capable
of meeting accepted quality standards: Provided further, That
section 28f(a) of title 30, United States Code, is amended:
(1) In section 28f(a), by striking the first
sentence and inserting, ``The holder of each unpatented
mining claim, mill, or tunnel site, located pursuant to
the mining laws of the United States, whether located
before, on or after the enactment of this Act, shall
pay to the Secretary of the Interior, on or before
September 1 of each year for years 2002 through 2003, a
claim maintenance fee of $100 per claim or site''; and
(2) In section 28g, by striking ``and before
September 30, 2001'' and inserting in lieu thereof
``and before September 30, 2003''.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, for scientific and economic studies,
conservation, management, investigations, protection, and
utilization of fishery and wildlife resources, except whales,
seals, and sea lions, maintenance of the herd of long-horned
cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized
functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $850,597,000, to
remain available until September 30, 2003, except as otherwise
provided herein, of which $29,000,000 is for conservation
activities defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act: Provided, That fiscal year 2001
balances in the Federal Infrastructure Improvement account for
the United States Fish and Wildlife Service shall be
transferred to and merged with this appropriation, and shall
remain available until expended: Provided further, That not
less than $2,000,000 shall be provided to local governments in
southern California for planning associated with the Natural
Communities Conservation Planning (NCCP) program and shall
remain available until expended: Provided further, That
$2,000,000 is for high priority projects which shall be carried
out by the Youth Conservation Corps, defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of such Act:
Provided further, That not to exceed $9,000,000 shall be used
for implementing subsections (a), (b), (c), and (e) of section
4 of the Endangered Species Act, as amended, for species that
are indigenous to the United States (except for processing
petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)), of which not to exceed $6,000,000 shall be used
for any activity regarding the designation of critical habitat,
pursuant to subsection (a)(3), excluding litigation support,
for species already listed pursuant to subsection (a)(1) as of
the date of enactment this Act: Provided further, That of the
amount available for law enforcement, up to $400,000 to remain
available until expended, may at the discretion of the
Secretary, be used for payment for information, rewards, or
evidence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of
enforcement activity, authorized or approved by the Secretary
and to be accounted for solely on her certificate: Provided
further, That of the amount provided for environmental
contaminants, up to $1,000,000 may remain available until
expended for contaminant sample analyses.
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $55,543,000, 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, $99,135,000, to be derived
from the Land and Water Conservation Fund, to remain available
until expended, and to be for the conservation activities
defined in section 250(c)(4)(E) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act: Provided, That none of the funds
appropriated for specific land acquisition projects can be used
to pay for any administrative overhead, planning or other
management costs except that, in fiscal year 2002 only, not to
exceed $2,500,000 may be used consistent with the Service's
cost allocation methodology: Provided further, That the United
States Fish and Wildlife Service is authorized to purchase the
common stock of Yauhannah Properties, Inc. for the purposes of
inclusion of real property owned by that corporation into the
Waccamaw National Wildlife Refuge.
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, and to be for
conservation spending category activities pursuant to section
251(c) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, for the purposes of discretionary spending
limits: Provided, That the amount provided herein is for a
Landowner Incentive Program established by the Secretary that
provides matching, competitively awarded grants to States, the
District of Columbia, Tribes, Puerto Rico, Guam, the United
States Virgin Islands, the Northern Mariana Islands, and
American Samoa, to establish, or supplement existing, landowner
incentive programs that provide technical and financial
assistance, including habitat protection and restoration, to
private landowners for the protection and management of habitat
to benefit federally listed, proposed, or candidate species, or
other at-risk species on private lands.
stewardship grants
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for private
conservation efforts to be carried out on private lands,
$10,000,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended, and to be for
conservation spending category activities pursuant to section
251(c) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, for the purposes of discretionary spending
limits: Provided, That the amount provided herein is for the
Secretary to establish a Private Stewardship Grants Program to
provide grants and other assistance to individuals and groups
engaged in private conservation efforts that benefit federally
listed, proposed, or candidate species, or other at-risk
species.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as
amended, $96,235,000, to be derived from the Cooperative
Endangered Species Conservation Fund, to remain available until
expended, and to be for the conservation activities defined in
section 250(c)(4)(E) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for the purposes of
such Act.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,414,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
as amended, $43,500,000, to remain available until expended and
to be for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of such Act:
Provided, That, notwithstanding any other provision of law,
amounts in excess of funds provided in fiscal year 2001 shall
be used only for projects in the United States.
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),
$4,000,000, to remain available until expended: Provided, That
funds made available under this Act, Public Law 106-291, and
Public Law 106-554 and hereafter in annual appropriations Acts
for rhinoceros, tiger, Asian elephant, and great ape
conservation programs are exempt from any sanctions imposed
against any country under section 102 of the Arms Export
Control Act (22 U.S.C. 2799aa-1).
state wildlife grants
(including rescission of funds)
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, $85,000,000,
to be derived from the Land and Water Conservation Fund, to
remain available until expended, and to be for the conservation
activities defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act: Provided, That 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 2002
to any State, territory, or other jurisdiction that remains
unobligated as of September 30, 2003, shall be reapportioned,
together with funds appropriated in 2004, in the manner
provided herein.
Of the amounts appropriated in title VIII of Public Law
106-291, $25,000,000 for State Wildlife Grants are rescinded.
administrative provisions
Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 74 passenger motor vehicles, of which 69 are for
replacement only (including 32 for police-type use); repair of
damage to public roads within and adjacent to reservation areas
caused by operations of the Service; options for the purchase
of land at not to exceed $1 for each option; facilities
incident to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other
facilities under the jurisdiction of the Service and to which
the United States has title, and which are used pursuant to law
in connection with management and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half
the cost of printing either in cash or services and the Service
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing aircraft:
Provided further, That notwithstanding any other provision of
law, the Secretary of the Interior may not spend any of the
funds appropriated in this Act for the purchase of lands or
interests in lands to be used in the establishment of any new
unit of the National Wildlife Refuge System unless the purchase
is approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in Senate Report 105-56.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
$1,476,977,000, of which $10,869,000 for research, planning and
interagency coordination in support of land acquisition for
Everglades restoration shall remain available until expended;
and of which $72,640,000, to remain available until September
30, 2003, is for maintenance repair or rehabilitation projects
for constructed assets, operation of the National Park Service
automated facility management software system, and
comprehensive facility condition assessments; and of which
$2,000,000 is for the Youth Conservation Corps, defined in
section 250(c)(4)(E) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for the purposes of
such Act, for high priority projects: Provided, That the only
funds in this account which may be made available to support
United States Park Police are those funds approved for
emergency law and order incidents pursuant to established
National Park Service procedures, those funds needed to
maintain and repair United States Park Police administrative
facilities, and those funds necessary to reimburse the United
States Park Police account for the unbudgeted overtime and
travel costs associated with special events for an amount not
to exceed $10,000 per event subject to the review and
concurrence of the Washington headquarters office: Provided
further, That none of the funds in this or any other Act may be
used to fund a new Associate Director position for
Partnerships.
united states park police
For expenses necessary to carry out the programs of the
United States Park Police, $65,260,000.
contribution for annuity benefits
For reimbursement (not heretofore made), pursuant to
provisions of Public Law 85-157, to the District of Columbia on
a monthly basis for benefit payments by the District of
Columbia to United States Park Police annuitants under the
provisions of the Policeman and Fireman's Retirement and
Disability Act (Act), to the extent those payments exceed
contributions made by active Park Police members covered under
the Act, such amounts as hereafter may be necessary: Provided,
That hereafter the appropriations made to the National Park
Service shall not be available for this purpose.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided
for, $66,159,000, of which $500,000 are for grants pursuant to
the National Underground Railroad Network to Freedom Act of
1988 (16 U.S.C. 469l, as amended).
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.), $30,000,000, to remain available until expended and
to be for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of such Act.
historic preservation fund
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $74,500,000, to be derived from the Historic
Preservation Fund, to remain available until September 30,
2003, and to be for the conservation activities defined in
section 250(c)(4)(E) of the Balanced Budget and Emergency
Deficit Control Control Act of 1985, as amended, for the
purposes of such Act: Provided, That, of the amount provided
herein, $2,500,000, 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,
$30,000,000 shall be for Save America's Treasures for priority
preservation projects, including preservation of intellectual
and cultural artifacts, preservation of historic structures and
sites, and buildings to house cultural and historic resources
and to provide educational opportunities: Provided further,
That any individual Save America's Treasures grant shall be
matched by non-Federal funds: Provided further, That individual
projects shall only be eligible for one grant, and all projects
to be funded shall be approved by the House and Senate
Committees on Appropriations prior to the commitment of grant
funds: Provided further, That Save America's Treasures funds
allocated for Federal projects shall be available by transfer
to appropriate accounts of individual agencies, after approval
of such projects by the Secretary of the Interior: Provided
further, That none of the funds provided for Save America's
Treasures may be used for administrative expenses, and staffing
for the program shall be available from the existing staffing
levels in the National Park Service.
construction
For construction, improvements, repair or replacement of
physical facilities, including the modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $366,044,000, to remain available until
expended, of which $66,851,000 is for conservation activities
defined in section 250(c)(4)(E) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act: Provided, That of the amount provided for
Cuyahoga National Park, $200,000 may be used for the Cuyahoga
Valley Scenic Railroad platform and station in Canton, Ohio.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2002 by 16
U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4 through
11), including administrative expenses, and for acquisition of
lands or waters, or interest therein, in accordance with the
statutory authority applicable to the National Park Service,
$274,117,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended, and to
be for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control of 1985, as amended, for the purposes of such Act, of
which $144,000,000 is for the State assistance program
including $4,000,000 to administer the State assistance
program, and of which $11,000,000 shall be for grants, not
covering more than 50 percent of the total cost of any
acquisition to be made with such funds, to States and local
communities for purposes of acquiring lands or interests in
lands to preserve and protect Civil War battlefield sites
identified in the July 1993 Report on the Nation's Civil War
Battlefields prepared by the Civil War Sites Advisory
Commission: Provided, That lands or interests in land acquired
with Civil War battlefield grants shall be subject to the
requirements of paragraph 6(f)(3) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)):
Provided further, That of the amounts provided under this
heading, $15,000,000 may be for Federal grants to the State of
Florida for the acquisition of lands or waters, or interests
therein, within the Everglades watershed (consisting of lands
and waters within the boundaries of the South Florida Water
Management District, Florida Bay and the Florida Keys,
including the areas known as the Frog Pond, the Rocky Glades
and the Eight and One-Half Square Mile Area) under terms and
conditions deemed necessary by the Secretary to improve and
restore the hydrological function of the Everglades watershed;
and $16,000,000 may be for project modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act: Provided further, That funds provided under this
heading for assistance to the State of Florida to acquire lands
within the Everglades watershed are contingent upon new
matching non-Federal funds by the State and shall be subject to
an agreement that the lands to be acquired will be managed in
perpetuity for the restoration of the Everglades: Provided
further, That none of the funds provided for the State
Assistance program may be used to establish a contingency fund.
administrative provisions
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 315 passenger motor
vehicles, of which 256 shall be for replacement only, including
not to exceed 237 for police-type use, 11 buses, and 8
ambulances: Provided, That none of the funds appropriated to
the National Park Service may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: Provided further, That none of the funds appropriated to
the National Park Service may be used to implement an agreement
for the redevelopment of the southern end of Ellis Island until
such agreement has been submitted to the Congress and shall not
be implemented prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in
session because of adjournment of more than 3 calendar days to
a day certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end of
Ellis Island, including the facts and circumstances relied upon
in support of the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to
encourage employees receiving workers' compensation benefits
pursuant to chapter 81 of title 5, United States Code, to
return to appropriate positions for which they are medically
able.
Notwithstanding any other provision of law, the National
Park Service may convey a leasehold or freehold interest in
Cuyahoga NP to allow for the development of utilities and
parking needed to support the historic Everett Church in the
village of Everett, Ohio.
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; $914,002,000, of which $64,318,000 shall be
available only for cooperation with States or municipalities
for water resources investigations; and of which $16,400,000
shall remain available until expended for conducting inquiries
into the economic conditions affecting mining and materials
processing industries; and of which $8,000,000 shall remain
available until expended for satellite operations; and of which
$26,374,000 shall be available until September 30, 2003 for the
operation and maintenance of facilities and deferred
maintenance; and of which $166,389,000 shall be available until
September 30, 2003 for the biological research activity and the
operation of the Cooperative Research Units: Provided, That
none of these funds provided for the biological research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That of the amount provided
herein, $25,000,000 is for the conservation activities defined
in section 250(c)(4)(E) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for the purposes of
such Act: Provided further, That no part of this appropriation
shall be used to pay more than one-half the cost of topographic
mapping or water resources data collection and investigations
carried on in cooperation with States and municipalities.
administrative provisions
The amount appropriated for the United States Geological
Survey shall be available for the purchase of not to exceed 53
passenger motor vehicles, of which 48 are for replacement only;
reimbursement to the General Services Administration for
security guard services; contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations and observation
wells; expenses of the United States National Committee on
Geology; and payment of compensation and expenses of persons on
the rolls of the Survey duly appointed to represent the United
States in the negotiation and administration of interstate
compacts: Provided, That activities funded by appropriations
herein made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in 31 U.S.C. 6302
et seq.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other minerals
leases, permits, licenses and operating contracts; and for
matching grants or cooperative agreements; including the
purchase of not to exceed eight passenger motor vehicles for
replacement only, $150,667,000, of which $83,344,000, shall be
available for royalty management activities; and an amount not
to exceed $102,730,000, to be credited to this appropriation
and to remain available until expended, from additions to
receipts resulting from increases to rates in effect on August
5, 1993, from rate increases to fee collections for Outer
Continental Shelf administrative activities performed by the
Minerals Management Service over and above the rates in effect
on September 30, 1993, and from additional fees for Outer
Continental Shelf administrative activities established after
September 30, 1993: Provided, That to the extent $102,730,000
in additions to receipts are not realized from the sources of
receipts stated above, the amount needed to reach $102,730,000
shall be credited to this appropriation from receipts resulting
from rental rates for Outer Continental Shelf leases in effect
before August 5, 1993: Provided further, That $3,000,000 for
computer acquisitions shall remain available until September
30, 2003: Provided further, That funds appropriated under this
Act shall be available for the payment of interest in
accordance with 30 U.S.C. 1721(b) and (d): Provided further,
That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine
cleanup activities: Provided further, That notwithstanding any
other provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Minerals
Management Service (MMS) concurred with the claimed refund due,
to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments: Provided
further, That MMS may under the royalty-in-kind pilot program
use a portion of the revenues from royalty-in-kind sales,
without regard to fiscal year limitation, to pay for
transportation to wholesale market centers or upstream pooling
points, and to process or otherwise dispose of royalty
production taken in kind: Provided further, That MMS shall
analyze and document the expected return in advance of any
royalty-in-kind sales to assure to the maximum extent
practicable that royalty income under the pilot program is
equal to or greater than royalty income recognized under a
comparable royalty-in-value program.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $6,105,000,
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; $102,800,000:
Provided, That the Secretary of the Interior, pursuant to
regulations, may use directly or through grants to States,
moneys collected in fiscal year 2002 for civil penalties
assessed under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3,
1977, to remain available until expended: Provided further,
That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $203,455,000, 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 2002: Provided further, That of the funds herein provided
up to $18,000,000 may be used for the emergency program
authorized by section 410 of Public Law 95-87, as amended, of
which no more than 25 percent shall be used for emergency
reclamation projects in any one State and funds for federally
administered emergency reclamation projects under this proviso
shall not exceed $11,000,000: Provided further, That prior year
unobligated funds appropriated for the emergency reclamation
program shall not be subject to the 25 percent limitation per
State and may be used without fiscal year limitation for
emergency projects: Provided further, That pursuant to Public
Law 97-365, the Department of the Interior is authorized to use
up to 20 percent from the recovery of the delinquent debt owed
to the United States Government to pay for contracts to collect
these debts: Provided further, That funds made available under
title IV of Public Law 95-87 may be used for any required non-
Federal share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration related
to treatment or abatement of acid mine drainage from abandoned
mines: Provided further, That such projects must be consistent
with the purposes and priorities of the Surface Mining Control
and Reclamation Act: Provided further, That, in addition to the
amount granted to the Commonwealth of Pennsylvania under
sections 402(g)(1) and 402(g)(5) of the Surface Mining Control
and Reclamation Act (Act), an additional $500,000 will be
specifically used for the purpose of conducting a demonstration
project in accordance with section 401(c)(6) of the Act to
determine the efficacy of improving water quality by removing
metals from eligible waters polluted by acid mine drainage:
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, $1,799,809,000, to remain
available until September 30, 2003 except as otherwise provided
herein, of which not to exceed $89,864,000 shall be for welfare
assistance payments and notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination
Act of 1975, as amended, not to exceed $130,209,000 shall be
available for payments to tribes and tribal organizations for
contract support costs associated with ongoing contracts,
grants, compacts, or annual funding agreements entered into
with the Bureau prior to or during fiscal year 2002, as
authorized by such Act, except that tribes and tribal
organizations may use their tribal priority allocations for
unmet indirect costs of ongoing contracts, grants, or compacts,
or annual funding agreements and for unmet welfare assistance
costs; and up to $3,000,000 shall be for the Indian Self-
Determination Fund which shall be available for the
transitional cost of initial or expanded tribal contracts,
grants, compacts or cooperative agreements with the Bureau
under such Act; and of which not to exceed $436,427,000 for
school operations costs of Bureau-funded schools and other
education programs shall become available on July 1, 2002, and
shall remain available until September 30, 2003; and of which
not to exceed $58,540,000 shall remain available until expended
for housing improvement, road maintenance, attorney fees,
litigation support, the Indian Self-Determination Fund, land
records improvement, and the Navajo-Hopi Settlement Program:
Provided, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination Act
of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$43,065,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal
organizations for administrative cost grants associated with
the operation of Bureau-funded schools: Provided further, That
any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2003, may be transferred during
fiscal year 2004 to an Indian forest land assistance account
established for the benefit of such tribe within the tribe's
trust fund account: Provided further, That any such unobligated
balances not so transferred shall expire on September 30, 2004.
construction
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483,
$357,132,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That not to exceed 6
percent of contract authority available to the Bureau of Indian
Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a
nonreimbursable basis: Provided further, That for fiscal year
2002, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000
that are provided to tribally controlled grant schools under
Public Law 100-297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part 12
as the regulatory requirements: Provided further, That such
grants shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary shall
consider whether the Indian tribe or tribal organization would
be deficient in assuring that the construction projects conform
to applicable building standards and codes and Federal, tribal,
or State health and safety standards as required by 25 U.S.C.
2005(a), with respect to organizational and financial
management capabilities: Provided further, That if the
Secretary declines an application, the Secretary shall follow
the requirements contained in 25 U.S.C. 2505(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2508(e): Provided further, That
notwithstanding any other provision of law, not to exceed
$450,000 in collections from settlements between the United
States and contractors concerning the Dunseith Day School are
to be made available for school construction in fiscal year
2002 and thereafter.
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $60,949,000, to
remain available until expended; of which $24,870,000 shall be
available for implementation of enacted Indian land and water
claim settlements pursuant to Public Laws 101-618 and 102-575,
and for implementation of other enacted water rights
settlements; of which $7,950,000 shall be available for future
water supplies facilities under Public Law 106-163; of which
$21,875,000 shall be available pursuant to Public Laws 99-264,
100-580, 106-263, 106-425, 106-554, and 106-568; and of which
$6,254,000 shall be available for the consent decree entered by
the U.S. District Court, Western District of Michigan in United
States v. Michigan, Case No. 2:73 CV 26.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $75,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $486,000.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program account)
shall be available for expenses of exhibits, and purchase of
not to exceed 229 passenger motor vehicles, of which not to
exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations, pooled overhead general administration (except
facilities operations and maintenance), or provided to
implement the recommendations of the National Academy of Public
Administration's August 1999 report shall be available for
tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance Act
of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government's trust responsibility to that tribe, or
the government-to-government relationship between the United
States and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq.,
shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996. No
funds available to the Bureau shall be used to support expanded
grades for any school or dormitory beyond the grade structure
in place or approved by the Secretary of the Interior at each
school in the Bureau school system as of October 1, 1995. Funds
made available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term is
defined in section 1146 of the Education Amendments of 1978 (25
U.S.C. 2026)), except that a charter school that is in
existence on the date of the enactment of this Act and that has
operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the
charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the
Bureau does not assume any obligation for charter school
programs of the State in which the school is located if the
charter school loses such funding. Employees of Bureau-funded
schools sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort Claims
Act'').
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$78,950,000, of which: (1) $74,422,000 shall be available until
expended for technical assistance, including maintenance
assistance, disaster assistance, insular management controls,
coral reef initiative activities, and brown tree snake control
and research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government of
the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by law
(Public Law 94-241; 90 Stat. 272); and (2) $4,528,000 shall be
available for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the General Accounting Office, at its discretion,
in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United
States Financial Assistance for the Northern Mariana Islands
approved by Public Law 104-134: Provided further, That of the
funds provided herein for American Samoa government operations,
the Secretary is directed to use up to $20,000 to increase
compensation of the American Samoa High Court Justices:
Provided further, That of the amounts provided for technical
assistance, not to exceed $2,000,000 shall be made available
for transfer to the Disaster Assistance Direct Loan Financing
Account of the Federal Emergency Management Agency for the
purpose of covering the cost of forgiving the repayment
obligation of the Government of the Virgin Islands on Community
Disaster Loan 841, as required by section 504 of the
Congressional Budget Act of 1974, as amended (2 U.S.C. 661c):
Provided further, That of the amounts provided for technical
assistance, sufficient funding shall be made available for a
grant to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance improvement
are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure (with
territorial participation and cost sharing to be determined by
the Secretary based on the grantees commitment to timely
maintenance of its capital assets): Provided further, That any
appropriation for disaster assistance under this heading in
this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the Marshall
Islands as provided for in sections 122, 221, 223, 232, and 233
of the Compact of Free Association, and for economic assistance
and necessary expenses for the Republic of Palau as provided
for in sections 122, 221, 223, 232, and 233 of the Compact of
Free Association, $23,245,000, to remain available until
expended, as authorized by Public Law 99-239 and Public Law 99-
658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of
the Interior, $67,741,000, of which not to exceed $8,500 may be
for official reception and representation expenses, and of
which up to $1,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States Bureau
of Mines.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$45,000,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$34,302,000, of which $3,812,000 shall be for procurement by
contract of independent auditing services to audit the
consolidated Department of the Interior annual financial
statement and the annual financial statement of the Department
of the Interior bureaus and offices funded in this Act.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $99,224,000, to remain available until expended:
Provided, That funds for trust management improvements may be
transferred, as needed, to the Bureau of Indian Affairs
``Operation of Indian Programs'' account and to the
Departmental Management ``Salaries and Expenses'' account:
Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated
during fiscal year 2002, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain
available until expended by the contractor or grantee: Provided
further, That notwithstanding any other provision of law, the
statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the
enactment of this Act, concerning losses to or mismanagement of
trust funds, until the affected tribe or individual Indian has
been furnished with an accounting of such funds from which the
beneficiary can determine whether there has been a loss:
Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has
not had activity for at least 18 months and has a balance of
$1.00 or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder.
indian land consolidation
For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $10,980,000, to remain available until expended and
which may be transferred to the Bureau of Indian Affairs and
Departmental Management.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment activities by
the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et
seq.), Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (Public Law
101-380) (33 U.S.C. 2701 et seq.), and Public Law 101-337, as
amended (16 U.S.C. 19jj et seq.), $5,497,000, to remain
available until expended.
administrative provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That notwithstanding any other provision of
law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no
programs funded with appropriated funds in the ``Departmental
Management'', ``Office of the Solicitor'', and ``Office of
Inspector General'' may be augmented through the Working
Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this
authority until funds specifically made available to the
Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to
this section are hereby designated by Congress to be
``emergency requirements'' pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
and must be replenished by a supplemental appropriation which
must be requested as promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the
several agencies, for the suppression or emergency prevention
of wildland fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for wildland
fire operations, such reimbursement to be credited to
appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until the
Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within 30 days: Provided
further, That all funds used pursuant to this section are
hereby designated by Congress to be ``emergency requirements''
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be replenished
by a supplemental appropriation which must be requested as
promptly as possible: Provided further, That such replenishment
funds shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other activity
in the same manner as authorized by sections 1535 and 1536 of
title 31, United States Code: Provided, That reimbursements for
costs and supplies, materials, equipment, and for services
rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the Secretary,
in total amount not to exceed $500,000; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in
societies or associations which issue publications to members
only or at a price to members lower than to subscribers who are
not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5 U.S.C.
5901-5902 and D.C. Code 4-204).
Sec. 106. Annual appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of 12 months
beginning at any time during the fiscal year.
Sec. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under
restriction in the President's moratorium statement of June 12,
1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and the
eastern Gulf of Mexico south of 26 degrees north latitude and
east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
oil and natural gas preleasing, leasing, and related
activities, on lands within the North Aleutian Basin planning
area.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer Continental
Shelf 5-Year Oil and Gas Leasing Program, 1997-2002.
Sec. 110. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 111. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant to
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.) may be invested by the Indian
tribe, tribal organization, or consortium before such funds are
expended for the purposes of the grant, compact, or annual
funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal
organization, or consortium only in obligations of the
United States, or in obligations or securities that are
guaranteed or insured by the United States, or mutual
(or other) funds registered with the Securities and
Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured
by an agency or instrumentality of the United States,
or are fully collateralized to ensure protection of the
funds, even in the event of a bank failure.
Sec. 112. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may provide for and regulate local non-
recreational passage through units of the National Park System,
allowing each unit to develop guidelines and permits for such
activity appropriate to that unit.
Sec. 113. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special Trustee
for American Indians and any available unobligated balances
from prior appropriations Acts made under the same headings,
shall be available for expenditure or transfer for Indian trust
management activities pursuant to the Trust Management
Improvement Project High Level Implementation Plan.
Sec. 114. A grazing permit or lease that expires (or is
transferred) during fiscal year 2002 shall be renewed under
section 402 of the Federal Land Policy and Management Act of
1976, as amended (43 U.S.C. 1752) or if applicable, section 510
of the California Desert Protection Act (16 U.S.C. 410aaa-50).
The terms and conditions contained in the expiring permit or
lease shall continue in effect under the new permit or lease
until such time as the Secretary of the Interior completes
processing of such permit or lease in compliance with all
applicable laws and regulations, at which time such permit or
lease may be canceled, suspended or modified, in whole or in
part, to meet the requirements of such applicable laws and
regulations. Nothing in this section shall be deemed to alter
the Secretary's statutory authority: Provided, That any Federal
lands included within the boundary of Lake Roosevelt National
Recreation Area, as designated by the Secretary of the Interior
on April 5, 1990, (Lake Roosevelt Cooperative Management
Agreement) that were utilized as of March 31, 1997, for grazing
purposes pursuant to a permit issued by the National Park
Service, the person or persons so utilizing such lands as of
March 31, 1997, shall be entitled to renew said permit under
such terms and conditions as the Secretary may prescribe, for
the lifetime of the permittee or 20 years, whichever is less.
Sec. 115. Notwithstanding any other provision of law, for
the purpose of reducing the backlog of Indian probate cases in
the Department of the Interior, the hearing requirements of
chapter 10 of title 25, United States Code, are deemed
satisfied by a proceeding conducted by an Indian probate judge,
appointed by the Secretary without regard to the provisions of
title 5, United States Code, governing the appointments in the
competitive service, for such period of time as the Secretary
determines necessary: Provided, That the basic pay of an Indian
probate judge so appointed may be fixed by the Secretary
without regard to the provisions of chapter 51, and subchapter
III of chapter 53 of title 5, United States Code, governing the
classification and pay of General Schedule employees, except
that no such Indian probate judge may be paid at a level which
exceeds the maximum rate payable for the highest grade of the
General Schedule, including locality pay.
Sec. 116. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2002. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
Sec. 117. None of the funds in this Act may be used to
establish a new National Wildlife Refuge in the Kankakee River
basin that is inconsistent with the United States Army Corps of
Engineers' efforts to control flooding and siltation in that
area. Written certification of consistency shall be submitted
to the House and Senate Committees on Appropriations prior to
refuge establishment.
Sec. 118. Funds appropriated for the Bureau of Indian
Affairs for postsecondary schools for fiscal year 2002 shall be
allocated among the schools proportionate to the unmet need of
the schools as determined by the Postsecondary Funding Formula
adopted by the Office of Indian Education Programs.
Sec. 119. (a) The Secretary of the Interior shall take such
action as may be necessary to ensure that the lands comprising
the Huron Cemetery in Kansas City, Kansas (as described in
section 123 of Public Law 106-291) are used only in accordance
with this section.
(b) The lands of the Huron Cemetery shall be used only: (1)
for religious and cultural uses that are compatible with the
use of the lands as a cemetery; and (2) as a burial ground.
Sec. 120. 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. 121. 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. 122. Section 412(b) of the National Parks Omnibus
Management Act of 1998, as amended (16 U.S.C. 5961) is amended
by striking ``2001'' and inserting ``2002''.
Sec. 123. 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. 124. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or
seedlings including those collected in fiscal year 2001, may be
credited to the appropriation from which funds were expended to
acquire or grow the seeds or seedlings and are available
without fiscal year limitation.
Sec. 125. Tribal School Construction Demonstration Program.
(a) Definitions.--In this section:
(1) Construction.--The term ``construction'', with
respect to a tribally controlled school, includes the
construction or renovation of that school.
(2) Indian tribe.--The term ``Indian tribe'' has
the meaning given that term in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)).
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(4) Tribally controlled school.--The term
``tribally controlled school'' has the meaning given
that term in section 5212 of the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2511).
(5) Department.--The term ``Department'' means the
Department of the Interior.
(6) Demonstration program.--The term
``demonstration program'' means the Tribal School
Construction Demonstration Program.
(b) In General.--The Secretary shall carry out a
demonstration program to provide grants to Indian tribes for
the construction of tribally controlled schools.
(1) In general.--Subject to the availability of
appropriations, in carrying out the demonstration
program under subsection (b), the Secretary shall award
a grant to each Indian tribe that submits an
application that is approved by the Secretary under
paragraph (2). The Secretary shall ensure that an
eligible Indian tribe currently on the Department's
priority list for construction of replacement
educational facilities receives the highest priority
for a grant under this section.
(2) Grant applications.--An application for a grant
under the section shall--
(A) include a proposal for the construction
of a tribally controlled school of the Indian
tribe that submits the application; and
(B) be in such form as the Secretary
determines appropriate.
(3) Grant agreement.--As a condition to receiving a
grant under this section, the Indian tribe shall enter
into an agreement with the Secretary that specifies--
(A) the costs of construction under the
grant;
(B) that the Indian tribe shall be required
to contribute towards the cost of the
construction a tribal share equal to 50 percent
of the costs; and
(C) any other term or condition that the
Secretary determines to be appropriate.
(4) Eligibility.--Grants awarded under the
demonstration program shall only be for construction of
replacement tribally controlled schools.
(c) Effect of Grant.--A grant received under this section
shall be in addition to any other funds received by an Indian
tribe under any other provision of law. The receipt of a grant
under this section shall not affect the eligibility of an
Indian tribe receiving funding, or the amount of funding
received by the Indian tribe, under the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450
et seq.).
Sec. 126. White River Oil Shale Mine, Utah. (a) Sale.--The
Administrator of General Services (referred to in this section
as the ``Administrator'') shall sell all right, title, and
interest of the United States in and to the improvements and
equipment described in subsection (b) that are situated on the
land described in subsection (c) (referred to in this section
as the ``Mine'').
(b) Description of Improvements and Equipment.--The
improvements and equipment referred to in subsection (a) are
the following improvements and equipment associated with the
Mine:
(1) Mine Service Building.
(2) Sewage Treatment Building.
(3) Electrical Switchgear Building.
(4) Water Treatment Building/Plant.
(5) Ventilation/Fan Building.
(6) Water Storage Tanks.
(7) Mine Hoist Cage and Headframe.
(8) Miscellaneous Mine-related equipment.
(c) Description of Land.--The land referred to in
subsection (a) is the land located in Uintah County, Utah,
known as the ``White River Oil Shale Mine'' and described as
follows:
(1) T. 10 S., R. 24 E., Salt Lake Meridian,
sections 12 through 14, 19 through 30, 33, and 34.
(2) T. 10 S., R. 25 E., Salt Lake Meridian,
sections 18 and 19.
(d) Use of Proceeds.--The proceeds of the sale under
subsection (a)--
(1) shall be deposited in a special account in the
Treasury of the United States; and
(2) shall be available until expended, without
further Act of appropriation--
(A) first, to reimburse the Administrator
for the direct costs of the sale; and
(B) second, to reimburse the Bureau of Land
Management Utah State Office for the costs of
closing and rehabilitating the Mine.
(e) Mine Closure and Rehabilitation.--The closing and
rehabilitation of the Mine (including closing of the mine
shafts, site grading, and surface revegetation) shall be
conducted in accordance with--
(1) the regulatory requirements of the State of
Utah, the Mine Safety and Health Administration, and
the Occupational Safety and Health Administration; and
(2) other applicable law.
Sec. 127. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon and
Hart National Wildlife Refuges for the purpose of capturing and
transporting horses and burros. The provisions of subsection
(a) of the Act of September 8, 1959 (73 Stat. 470; 18 U.S.C.
47(a)) shall not be applicable to such use. Such use shall be
in accordance with humane procedures prescribed by the
Secretary.
Sec. 128. The Lytton Rancheria of California shall not
conduct Class III gaming as defined in Public Law 100-497 on
land taken into trust for the tribe pursuant to Public Law 106-
568 except in compliance with all required compact provisions
of section 2710(d) of Public Law 100-497 or any relevant Class
III gaming procedures.
Sec. 129. Moore's Landing at the Cape Romain National
Wildlife Refuge in South Carolina is hereby named for George
Garris and shall hereafter be referred to in any law, document,
or records of the United States as ``Garris Landing''.
Sec. 130. From within funds available to the National Park
Service, such sums as may be necessary shall be used for
expenses necessary to complete and issue, no later than January
1, 2004, an Environmental Impact Statement (EIS) to identify
and analyze the possible effects of the 1996 increases in the
number of vessel entries issued for Glacier Bay National Park
and Preserve: Provided, That such EIS, upon its completion,
shall be used by the Secretary to set the maximum level of
vessel entries: Provided further, That until the Secretary sets
the level of vessel entries based on the new EIS, the number of
vessel entries into the Park shall be the same as that in
effect during the 2000 calendar year and the National Park
Service approval of modified Alternative 5 and promulgation of
the final rule issued on May 30, 1996, relating to vessel
entries, including the number of such entries, for Glacier Bay
National Park and Preserve are hereby approved and shall be in
effect notwithstanding any other provision of law until the
Secretary sets the maximum level of vessel entries consistent
with this section: Provided further, That nothing in this
section shall preclude the Secretary from suspending or
revoking any vessel entry if the Secretary determines that it
is necessary to protect Park resources.
Sec. 131. No funds contained in this Act shall be used to
approve the transfer of lands on South Fox Island, Michigan
until Congress has authorized such transfer.
Sec. 132. Funds provided in this Act for Federal land
acquisition by the National Park Service for Brandywine
Battlefield, Mississippi National River and Recreation Area,
Shenandoah Valley Battlefields National Historic District, and
Ice Age National Scenic Trail may be used for a grant to a
State, a local government, or any other governmental land
management entity for the acquisition of lands without regard
to any restriction on the use of Federal land acquisition funds
provided through the Land and Water Conservation Fund Act of
1965 as amended.
Sec. 133. Section 902(b)(5) of Public Law 106-568 is hereby
amended by inserting a comma after ``N\1/2\''.
Sec. 134. Clarification of the Secretary of the Interior's
Authority Under Sections 2701-2721 of Title 25, United States
Code. The authority to determine whether a specific area of
land is a ``reservation'' for purposes of sections 2701-2721 of
title 25, United States Code, was delegated to the Secretary of
the Interior on October 17, 1988: Provided, That nothing in
this section shall be construed to permit gaming under the
Indian Gaming Regulatory Act on the lands described in section
123 of Public Law 106-291 or any lands contiguous to such lands
that have not been taken into trust by the Secretary of the
Interior.
Sec. 135. Black Rock Desert-High Rock Canyon Emigrant
Trails National Conservation Area. (a) Areas Included.--The
Black Rock Desert-High Rock Canyon Emigrant Trails National
Conservation Area Act of 2000 is amended in sections 4(b) (16
U.S.C. 460ppp-2(b)) and 8(a) (16 U.S.C. 460ppp-6(a)) by
striking ``July 19, 2000'' each place it appears and inserting
``October 3, 2001''.
(b) Road Maintenance.--Section 5 of the Black Rock Desert-
High Rock Canyon Emigrant Trails National Conservation Area Act
of 2000 (16 U.S.C. 460ppp-3) is amended by adding at the end
the following:
``(h) Road Maintenance.--Within the conservation area the
Secretary may permit the use of gravel pits for the maintenance
of roads within the conservation area under the Materials Act
of 1947 (30 U.S.C. 601 et seq.) to the extent consistent with
this Act and subject to such regulations, policies, and
practices as the Secretary considers necessary.''.
(c) Hunting, Trapping, and Fishing.--Section 8 of the Black
Rock Desert-High Rock Canyon Emigrant Trails National
Conservation Area Act of 2000 (16 U.S.C. 460ppp-6) is amended
by adding at the end the following:
``(e) Hunting, Trapping, and Fishing.--
``(1) In general.--Nothing in this Act diminishes
the jurisdiction of the State of Nevada with respect to
fish and wildlife management, including regulation of
hunting and fishing on public land in the areas
designated as wilderness under subsection (a).
``(2) Applicable law.--Any action in the areas
designated as wilderness under subsection (a) shall be
consistent with the Wilderness Act (16 U.S.C. 1131 et
seq.).''.
(d) Wildland Fire Protection.--Section 8 of the Black Rock
Desert-High Rock Canyon Emigrant Trails National Conservation
Area Act of 2000 (16 U.S.C. 460ppp-6) (as amended by subsection
(c)) is amended by adding at the end the following:
``(f) Wildland Fire Protection.--Nothing in this Act or the
Wilderness Act (16 U.S.C. 1131 et seq.) precludes a Federal,
State, or local agency from conducting wildland fire management
operations (including prescribed burns) within the areas
designated as wilderness under subsection (a), subject to any
conditions that the Secretary considers appropriate.''.
(e) Wilderness Study Release.--Section 8 of the Black Rock
Desert-High Rock Canyon Emigrant Trails National Conservation
Area Act of 2000 (16 U.S.C. 460ppp-6) (as amended by subsection
(d)) is amended by adding at the end the following:
``(g) Wilderness Study Release.--Congress--
``(1) finds that the parcels of land in the
wilderness study areas referred to in subsection (a)
that are not designated as wilderness by subsection (a)
have been adequately studied for wilderness designation
under section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782); and
``(2) declares that those parcels are no longer
subject to the requirement of subsection (c) of that
section pertaining to the management of wilderness
study areas in a manner that does not impair the
suitability of such areas for preservation as
wilderness.''.
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, $241,304,000, to remain available until
expended.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
cooperative forestry, and education and land conservation
activities and conducting an international program as
authorized, $291,221,000, to remain available until expended,
as authorized by law, of which $65,000,000 is for the Forest
Legacy Program, and $36,000,000 is for the Urban and Community
Forestry Program, defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of such Act: Provided, That none of
the funds provided under this heading for the acquisition of
lands or interests in lands shall be available until the Forest
Service notifies the House Committee on Appropriations and the
Senate Committee on Appropriations, in writing, of specific
acquisition of lands or interests in lands to be undertaken
with such funds: Provided further, That notwithstanding any
other provision of law, of the funds provided under this
heading, $4,500,000 shall be made available to Kake Tribal
Corporation as an advanced direct lump sum payment to implement
the Kake Tribal Corporation Land Transfer Act (Public Law 106-
283).
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,331,439,000, to
remain available until expended, which shall include 50 percent
of all moneys received during prior fiscal years as fees
collected under the Land and Water Conservation Fund Act of
1965, as amended, in accordance with section 4 of the Act (16
U.S.C. 460l-6a(i)): Provided, That unobligated balances
available at the start of fiscal year 2002 shall be displayed
by budget line item in the fiscal year 2003 budget
justification: Provided further, That the Secretary may
authorize the expenditure or transfer of such sums as necessary
to the Department of the Interior, Bureau of Land Management
for removal, preparation, and adoption of excess wild horses
and burros from National Forest System lands: 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.
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 fuel reduction on or
adjacent to such lands, and for emergency rehabilitation of
burned-over National Forest System lands and water,
$1,214,349,000, to remain available until expended: Provided,
That such funds including unobligated balances under this head,
are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That not less than 50 percent of
any unobligated balances remaining (exclusive of amounts for
hazardous fuels reduction) at the end of fiscal year 2001 shall
be transferred, as repayment for past advances that have not
been repaid, to the fund established pursuant to section 3 of
Public Law 71-319 (16 U.S.C. 576 et seq.): Provided further,
That notwithstanding any other provision of law, $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, hazard 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,
$209,010,000 is for hazardous fuel treatment, $3,668,000 is for
rehabilitation and restoration, $10,376,000 is for capital
improvement and maintenance of fire facilities, $22,265,000 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.), $50,383,000
is for state fire assistance, $8,262,000 is for volunteer fire
assistance, $11,974,000 is for forest health activities on
state, private, and Federal lands, and $12,472,000 is for
economic action programs: Provided further, That amounts in
this paragraph may be transferred to the ``State and Private
Forestry'', ``National Forest System'', ``Forest and Rangeland
Research'', and ``Capital Improvement and Maintenance''
accounts to fund state fire assistance, volunteer fire
assistance, and forest health management, vegetation and
watershed management, heritage site rehabilitation, wildlife
and fish habitat management, trails and facilities maintenance
and restoration: Provided further, That transfers of any
amounts in excess of those 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 entering into such grants or cooperative agreements,
the Secretary may consider the enhancement of local and small
business employment opportunities for rural communities, and
that in entering into procurement contracts under this section
on a best value basis, the Secretary may take into account the
ability of an entity to enhance local and small business
employment opportunities in rural communities, and that the
Secretary may award procurement contracts, grants, or
cooperative agreements under this section to entities that
include local non-profit entities, Youth Conservation Corps or
related partnerships with State, local or non-profit youth
groups, or small or disadvantaged businesses: Provided further,
That 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
Appropriation, 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:
(1) In expending the funds provided with respect to
this Act for hazardous fuels reduction, the Secretary
of the Interior and the Secretary of Agriculture may
conduct fuel reduction treatments on Federal lands
using all contracting and hiring authorities available
to the Secretaries applicable to hazardous fuel
reduction activities under the wildland fire management
accounts. Notwithstanding Federal government
procurement and contracting laws, the Secretaries may
conduct fuel reduction treatments on Federal lands
using grants and cooperative agreements.
Notwithstanding Federal government procurement and
contracting laws, in order to provide employment and
training opportunities to people in rural communities,
the Secretaries may award contracts, including
contracts for monitoring activities, to--
(A) local private, nonprofit, or
cooperative entities;
(B) Youth Conservation Corps crews or
related partnerships, with State, local and
non-profit youth groups;
(C) small or micro-businesses; or
(D) other entities that will hire or train
a significant percentage of local people to
complete such contracts. The authorities
described above relating to contracts, grants,
and cooperative agreements are available until
all funds provided in this title for hazardous
fuels reduction activities in the urban
wildland interface are obligated.
(2)(A) The Secretary of Agriculture may transfer or
reimburse funds to the United States Fish and Wildlife
Service of the Department of the Interior, or the
National Marine Fisheries Service of the Department of
Commerce, for the costs of carrying out their
responsibilities under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) to consult and conference
as required by section 7 of such Act in connection with
wildland fire management activities in fiscal years
2001 and 2002.
(B) Only those funds appropriated for fiscal years
2001 and 2002 to Forest Service (USDA) for wildland
fire management are available to the Secretary of
Agriculture for such transfer or reimbursement.
(C) The amount of the transfer or reimbursement
shall be as mutually agreed by the Secretary of
Agriculture and the Secretary of the Interior or
Secretary of Commerce, as applicable, or their
designees. The amount shall in no case exceed the
actual costs of consultation and conferencing in
connection with wildland fire management activities
affecting National Forest System lands.
For an additional amount to cover necessary expenses for
emergency rehabilitation, wildfire suppression and other fire
operations of the Forest Service, $346,000,000, to remain
available until expended, of which $200,000,000 is for
repayment of prior year advances from other appropriations and
accounts within the Wildland Fire appropriation previously
transferred for fire suppression, $66,000,000 is for wildfire
suppression operations, $59,000,000 is for land rehabilitation
and restoration, $5,000,000 is for research activities and to
make competitive research grants pursuant to the Forest and
Rangeland Renewable Resources Research Act, as amended (16
U.S.C. 1641 et seq.), $10,000,000 is for capital improvement
and maintenance of fire facilities, $6,000,000 is for state
fire assistance: Provided, That the Congress designates the
entire amount as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That
$346,000,000 shall be available only to the extent that an
official budget request, that includes designation of the
$346,000,000 as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
For an additional amount, to liquidate obligations
previously incurred, $274,147,000.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $546,188,000, to remain available until expended
for construction, reconstruction, maintenance and acquisition
of buildings and other facilities, and for construction,
reconstruction, repair and maintenance of forest roads and
trails by the Forest Service as authorized by 16 U.S.C. 532-538
and 23 U.S.C. 101 and 205, of which, $61,000,000 is for
conservation activities defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of such Act: Provided, That fiscal
year 2001 balances in the Federal Infrastructure Improvement
account for the Forest Service shall be transferred to and
merged with this appropriation and shall remain available until
expended: Provided further, That up to $15,000,000 of the funds
provided herein for road maintenance shall be available for the
decommissioning of roads, including unauthorized roads not part
of the transportation system, which are no longer needed:
Provided further, That no funds shall be expended to
decommission any system road until notice and an opportunity
for public comment has been provided on each decommissioning
project: Provided further, That the Forest Service shall
transfer $300,000, appropriated in Public Law 106-291 within
the Capital Improvement and Maintenance appropriation, to the
State and Private Forestry appropriation, and shall provide
these funds in an advance direct lump sum payment to Purdue
University for planning and construction of a hardwood tree
improvement and generation facility: Provided further, That
from funds provided to the Forest Service in Public Law 106-
291, $500,000 is hereby transferred from the Capital
Improvement and Maintenance appropriation to the State and
Private Forestry appropriation.
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, $149,742,000 to be derived from the Land and Water
Conservation Fund, to remain available until expended, and to
be for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of such Act.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,069,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities
pursuant to the Act of December 4, 1967, as amended (16 U.S.C.
484a), to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of Public Law 94-579, as amended, to remain
available until expended, of which not to exceed 6 percent
shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (Public
Law 96-487), $5,488,000, to remain available until expended.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of not to exceed 132
passenger motor vehicles of which eight will be used primarily
for law enforcement purposes and of which 130 shall be for
replacement; acquisition of 25 passenger motor vehicles from
excess sources, and hire of such vehicles; operation and
maintenance of aircraft, the purchase of not to exceed seven
for replacement only, and acquisition of sufficient aircraft
from excess sources to maintain the operable fleet at 195
aircraft for use in Forest Service wildland fire programs and
other Forest Service programs; notwithstanding other provisions
of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft; (2) services pursuant to 7
U.S.C. 2225, and not to exceed $100,000 for employment under 5
U.S.C. 3109; (3) purchase, erection, and alteration of
buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein; (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.
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, defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of such Act.
Of the funds available to the Forest Service, $2,500 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$2,250,000 may be advanced in a lump sum as Federal financial
assistance to the National Forest Foundation, without regard to
when the Foundation incurs expenses, for administrative
expenses or projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more
than $400,000 shall be available for administrative expenses:
Provided further, That section 403(a) of the National Forest
Foundation Act (16 U.S.C. 583j-1(a)) is amended by inserting
after the first sentence the following new sentence: ``At the
discretion of the Secretary of Agriculture, the Secretary may
increase the number of Directors to not more than twenty.'':
Provided further, That the Foundation shall obtain, by the end
of the period of Federal financial assistance, private
contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the
Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds: Provided further, That
hereafter, the National Forest Foundation may hold Federal
funds made available but not immediately disbursed and may use
any interest or other investment income earned (before, on, or
after the date of the enactment of this Act) on Federal funds
to carry out the purposes of Public Law 101-593: Provided
further, That such investments may be made only in interest-
bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United
States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fish and
Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, and
may be advanced in a lump sum as Federal financial assistance,
without regard to when expenses are incurred, for projects on
or benefitting National Forest System lands or related to
Forest Service programs: Provided, That the Foundation shall
obtain, by the end of the period of Federal financial
assistance, private contributions to match on at least one-for-
one basis funds advanced by the Forest Service: Provided
further, That the Foundation may transfer Federal funds to a
non-Federal recipient for a project at the same rate that the
recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of
the funds appropriated to the Forest Service in the ``National
Forest System'' and ``Capital Improvement and Maintenance''
accounts and planned to be allocated to activities under the
``Jobs in the Woods'' program for projects on National Forest
land in the State of Washington may be granted directly to the
Washington State Department of Fish and Wildlife for
accomplishment of planned projects. Twenty percent of said
funds shall be retained by the Forest Service for planning and
administering projects. Project selection and prioritization
shall be accomplished by the Forest Service with such
consultation with the State of Washington as the Forest Service
deems appropriate.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
The Secretary of Agriculture is authorized to enter into
grants, contracts, and cooperative agreements as appropriate
with the Pinchot Institute for Conservation, as well as with
public and other private agencies, organizations, institutions,
and individuals, to provide for the development,
administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers
National Historic Landmark: Provided, That, subject to such
terms and conditions as the Secretary of Agriculture may
prescribe, any such public or private agency, organization,
institution, or individual may solicit, accept, and administer
private gifts of money and real or personal property for the
benefit of, or in connection with, the activities and services
at the Grey Towers National Historic Landmark: Provided
further, That such gifts may be accepted notwithstanding the
fact that a donor conducts business with the Department of
Agriculture in any capacity.
Funds appropriated to the Forest Service shall be
available, as determined by the Secretary, for payments to Del
Norte County, California, pursuant to sections 13(e) and 14 of
the Smith River National Recreation Area Act (Public Law 101-
612).
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not to
exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters. Future
budget justifications for both the Forest Service and the
Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
The Forest Service shall fund indirect expenses, that is
expenses not directly related to specific programs or to the
accomplishment of specific work on-the-ground, from any funds
available to the Forest Service: Provided, That the Forest
Service shall implement and adhere to the definitions of
indirect expenditures established pursuant to Public Law 105-
277 on a nationwide basis without flexibility for modification
by any organizational level except the Washington Office, and
when changed by the Washington Office, such changes in
definition shall be reported in budget requests submitted by
the Forest Service: Provided further, That the Forest Service
shall provide in all future budget justifications, planned
indirect expenditures in accordance with the definitions,
summarized and displayed to the Regional, Station, Area, and
detached unit office level. The justification shall display the
estimated source and amount of indirect expenditures, by
expanded budget line item, of funds in the agency's annual
budget justification. The display shall include appropriated
funds and the Knutson-Vandenberg, Brush Disposal, Cooperative
Work-Other, and Salvage Sale funds. Changes between estimated
and actual indirect expenditures shall be reported in
subsequent budget justifications: Provided, That during fiscal
year 2002 the Secretary shall limit total annual indirect
obligations from the Brush Disposal, Knutson-Vandenberg,
Reforestation, Salvage Sale, and Roads and Trails funds to 20
percent of the total obligations from each fund. Obligations in
excess of 20 percent which would otherwise be charged to the
above funds may be charged to appropriated funds available to
the Forest Service subject to notification of the Committees on
Appropriations of the House and Senate.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law
enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That such
amounts shall not exceed $750,000.
The Secretary of Agriculture may authorize the sale of
excess buildings, facilities, and other properties owned by the
Forest Service and located on the Green Mountain National
Forest, the revenues of which shall be retained by the Forest
Service and available to the Secretary without further
appropriation and until expended for maintenance and
rehabilitation activities on the Green Mountain National
Forest.
DEPARTMENT OF ENERGY
clean coal technology
(deferral)
Of the funds made available under this heading for
obligation in prior years, $40,000,000 shall not be available
until October 1, 2002: Provided, That funds made available in
previous appropriations Acts shall be available for any ongoing
project regardless of the separate request for proposal under
which the project was selected.
fossil energy research and development
(including transfer of funds)
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of the
Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for
plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning
the extraction, processing, use, and disposal of mineral
substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), $616,490,000, to remain
available until expended, of which $11,000,000 is to begin a 7-
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; and for acquisition of lands, and
interests therein, in proximity to the National Energy
Technology Laboratory, and of which $33,700,000 shall be
derived by transfer from funds appropriated in prior years
under the heading ``Clean Coal Technology'', and of which
$150,000,000 and such sums as may be appropriated in fiscal
year 2003 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
demonstrations of commercial scale technologies to reduce the
barriers to continued and expanded coal use: Provided, That the
request for proposals shall be issued no later than 120 days
following enactment of this Act, proposals shall be submitted
no later than 150 days after the issuance of the request for
proposals, and the Department of Energy shall make project
selections no later than 160 days after the receipt of
proposals: Provided further, 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
prior appropriations: Provided further, That the Department may
include provisions for repayment of Government contributions to
individual projects in an amount up to the Government
contribution to the project on terms and conditions that are
acceptable to the Department including repayments from sale and
licensing of technologies from both domestic and foreign
transactions: Provided further, That such repayments shall be
retained by the Department for future coal-related research,
development and demonstration projects: Provided further, That
any technology selected under this program shall be considered
a Clean Coal Technology, and any project selected under this
program shall be considered a Clean Coal Technology Project,
for the purposes of 42 U.S.C. Sec. 7651n, and Chapters 51, 52,
and 60 of title 40 of the Code of Federal Regulations: Provided
further, That funds excess to the needs of the Power Plant
Improvement Initiative procurement provided for under this
heading in Public Law 106-291 shall be made available for the
Clean Coal Power Initiative provided for under this heading in
this Act: Provided further, That no part of the sum herein made
available shall be used for the field testing of nuclear
explosives in the recovery of oil and gas: Provided further,
That up to 4 percent of program direction funds available to
the National Energy Technology Laboratory may be used to
support Department of Energy activities not included in this
account.
alternative fuels production
(rescission)
Of the unobligated balances under this heading, $2,000,000
are rescinded.
naval petroleum and oil shale reserves
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $17,371,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, unobligated funds remaining from prior years
shall be available for all naval petroleum and oil shale
reserve activities.
elk hills school lands fund
For necessary expenses in fulfilling installment payments
under the Settlement Agreement entered into by the United
States and the State of California on October 11, 1996, as
authorized by section 3415 of Public Law 104-106, $36,000,000,
to become available on October 1, 2002 for payment to the State
of California for the State Teachers' Retirement Fund from the
Elk Hills School Lands Fund.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $912,805,000, to remain available until expended:
Provided, That $275,000,000 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
$45,000,000 for State energy conservation grants: Provided
further, That 50 percent of the funds provided for the Energy
Efficiency Science Initiative for fiscal year 2002 and
thereafter shall be made available to the Fossil Energy
Research and Development account.
economic regulation
For necessary expenses in carrying out the activities of
the Office of Hearings and Appeals, $1,996,000, to remain
available until expended.
strategic petroleum reserve
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), $179,009,000, to
remain available until expended, of which not to exceed
$8,000,000 shall be available for maintenance of a Northeast
Home Heating Oil Reserve.
energy information administration
For necessary expenses in carrying out the activities of
the Energy Information Administration, $78,499,000, to remain
available until expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year
shall be available for hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase, repair, and
cleaning of uniforms; and reimbursement to the General Services
Administration for security guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of
Energy under this Act shall be used to implement or finance
authorized price support or loan guarantee programs unless
specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account of the
Department of Energy or otherwise generated by sale of products
in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to
be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing
entities as provided in appropriate cost-sharing contracts or
agreements: Provided further, That the remainder of revenues
after the making of such payments shall be covered into the
Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the
Secretary pursuant to this authority shall not be executed
prior to the expiration of 30 calendar days (not including any
day in which either House of Congress is not in session because
of adjournment of more than 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, $2,389,614,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 238(b) for services
furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $15,000,000 shall remain available until
expended, for the Indian Catastrophic Health Emergency Fund:
Provided further, That $445,776,000 for contract medical care
shall remain available for obligation until September 30, 2003:
Provided further, That of the funds provided, up to $22,000,000
shall be used to carry out the loan repayment program under
section 108 of the Indian Health Care Improvement Act: Provided
further, That funds provided in this Act may be used for 1-year
contracts and grants which are to be performed in 2 fiscal
years, so long as the total obligation is recorded in the year
for which the funds are appropriated: Provided further, That
the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health
Care Improvement Act shall remain available until expended for
the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the
Social Security Act (exclusive of planning, design, or
construction of new facilities): Provided further, That funding
contained herein, and in any earlier appropriations Acts for
scholarship programs under the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available for obligation
until September 30, 2003: Provided further, That amounts
received by tribes and tribal organizations under title IV of
the Indian Health Care Improvement Act shall be reported and
accounted for and available to the receiving tribes and tribal
organizations until expended: Provided further, That,
notwithstanding any other provision of law, of the amounts
provided herein, not to exceed $268,234,000 shall be for
payments to tribes and tribal organizations for contract or
grant support costs associated with contracts, grants, self-
governance compacts or annual funding agreements between the
Indian Health Service and a tribe or tribal organization
pursuant to the Indian Self-Determination Act of 1975, as
amended, prior to or during fiscal year 2002, of which not to
exceed $20,000,000 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.
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, $369,487,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be
used to purchase land for sites to construct, improve, or
enlarge health or related facilities: Provided further, That
from the funds appropriated herein, $5,000,000 shall be
designated by the Indian Health Service as a contribution to
the Yukon-Kuskokwim Health Corporation (YKHC) to continue a
priority project for the acquisition of land, planning, design
and construction of 79 staff quarters 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 $5,000,000 shall remain
available until expended for the purpose of funding up to two
joint venture health care facility projects authorized under
the Indian Health Care Improvement Act, as amended: Provided
further, That priority, by rank order, shall be given to tribes
with outpatient projects on the existing Indian Health Services
priority list that have Service-approved planning documents,
and can demonstrate by March 1, 2002, the financial capability
necessary to provide an appropriate facility: Provided further,
That joint venture funds unallocated after March 1, 2002, shall
be made available for joint venture projects on a competitive
basis giving priority to tribes that currently have no existing
Federally-owned health care facility, have planning documents
meeting Indian Health Service requirements prepared for
approval by the Service and can demonstrate the financial
capability needed to provide an appropriate facility: Provided
further, That the Indian Health Service shall request
additional staffing, operation and maintenance funds for these
facilities in future budget requests: Provided further, That
not to exceed $500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That not to exceed
$500,000 shall be used by the Indian Health Service to obtain
ambulances for the Indian Health Service and tribal facilities
in conjunction with an existing interagency agreement between
the Indian Health Service and the General Services
Administration: Provided further, That not to exceed $500,000
shall be placed in a Demolition Fund, available until expended,
to be used by the Indian Health Service for demolition of
Federal buildings: Provided further, That notwithstanding the
provisions of title III, section 306, of the Indian Health Care
Improvement Act (Public Law 94-437, as amended), construction
contracts authorized under title I of the Indian Self-
Determination and Education Assistance Act of 1975, as amended,
may be used rather than grants to fund small ambulatory
facility construction projects: Provided further, That if a
contract is used, the IHS is authorized to improve municipal,
private, or tribal lands, and that at no time, during
construction or after completion of the project will the
Federal Government have any rights or title to any real or
personal property acquired as a part of the contract: Provided
further, That notwithstanding any other provision of law or
regulation, for purposes of acquiring sites for a new clinic
and staff quarters in St. Paul Island, Alaska, the Secretary of
Health and Human Services may accept land donated by the
Tanadgusix Corporation.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
but at rates not to exceed the per diem rate equivalent to the
maximum rate payable for senior-level positions under 5 U.S.C.
5376; hire of passenger motor vehicles and aircraft; purchase
of medical equipment; purchase of reprints; purchase,
renovation and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances
therefore as authorized by 5 U.S.C. 5901-5902; and for expenses
of attendance at meetings which are concerned with the
functions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or
management of those functions or activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation
Facilities Act) and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized
by title I or title III of the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), may be
deobligated and reobligated to a self-determination contract
under title I, or a self-governance agreement under title III
of such Act and thereafter shall remain available to the tribe
or tribal organization without fiscal year limitation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law.
Funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and
accounted for in the appropriation structure set forth in this
Act.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in advance
with subsequent adjustment. The reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account which provided
the funding. Such amounts shall remain available until
expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or technical
assistance.
The appropriation structure for the Indian Health Service
may not be altered without advance approval of the House and
Senate Committees on Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$15,148,000, to remain available until expended: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-
10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$4,490,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; up to five replacement passenger vehicles;
purchase, rental, repair, and cleaning of uniforms for
employees, $399,253,000, of which not to exceed $37,508,000 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 including such funds as
may be necessary to support American overseas research centers
and a total of $125,000 for the Council of American Overseas
Research Centers: Provided, That funds appropriated herein are
available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments for long term
and swing space, as rent payable to the Smithsonian
Institution, and such rent payments may be deposited into the
general trust funds of the Institution to the extent that
federally supported activities are housed in the 900 H Street,
N.W. building in the District of Columbia: Provided further,
That this use of Federal appropriations shall not be construed
as debt service, a Federal guarantee of, a transfer of risk to,
or an obligation of, the Federal Government: Provided further,
That no appropriated funds may be used to service debt which is
incurred to finance the costs of acquiring the 900 H Street
building or of planning, designing, and constructing
improvements to such building.
repair, restoration and alteration of facilities
For necessary expenses of maintenance, repair, restoration,
and alteration of facilities owned or occupied by the
Smithsonian Institution, by contract or otherwise, as
authorized by section 2 of the Act of August 22, 1949 (63 Stat.
623), including not to exceed $10,000 for services as
authorized by 5 U.S.C. 3109, $67,900,000, to remain available
until expended, of which $10,000,000 is provided for
maintenance, repair, rehabilitation and alteration of
facilities at the National Zoological Park: Provided, That
contracts awarded for environmental systems, protection
systems, and repair or restoration of facilities of the
Smithsonian Institution may be negotiated with selected
contractors and awarded on the basis of contractor
qualifications as well as price.
construction
For necessary expenses for construction, $30,000,000, to
remain available until expended.
administrative provisions, smithsonian institution
None of the funds in this or any other Act may be used to
make any changes to the existing Smithsonian science programs
including closure of facilities, relocation of staff or
redirection of functions and programs without approval by the
Board of Regents of recommendations received from the Science
Commission.
None of the funds 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, $68,967,000, of which not to exceed
$3,026,000 for the special exhibition program shall remain
available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $14,220,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$15,000,000.
construction
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $19,000,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as authorized
by 5 U.S.C. 3109, $7,796,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$98,234,000, shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts through assistance to organizations and individuals
pursuant to sections 5(c) and 5(g) of the Act, for program
support, and for administering the functions of the Act, to
remain available until expended: Provided, That funds
previously appropriated to the National Endowment for the Arts
``Matching Grants'' 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,
$108,382,000, 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 $12,122,000 shall be available to the National Endowment
for the Humanities for the purposes of section 7(h): Provided,
That this appropriation shall be available for obligation only
in such amounts as may be equal to the total amounts of gifts,
bequests, and devises of money, and other property accepted by
the chairman or by grantees of the Endowment under the
provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during
the current and preceding fiscal years for which equal amounts
have not previously been appropriated.
Institute of Museum and Library Services
office of museum services
grants and administration
For carrying out subtitle C of the Museum and Library
Services Act of 1996, as amended, $26,899,000, to remain
available until expended.
Challenge America Arts Fund
challenge america grants
For necessary expenses as authorized by Public Law 89-209,
as amended, $17,000,000, for support for arts education and
public outreach activities to be administered by the National
Endowment for the Arts, to remain available until expended.
administrative provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18
U.S.C. 1913: Provided, That none of the funds appropriated to
the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and representation
expenses.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $1,224,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be credited
to this account as an offsetting collection, to remain
available until expended without further appropriation.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956(a)), as amended, $7,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $3,400,000:
Provided, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $7,253,000: Provided,
That all appointed members of the Commission will be
compensated at a rate not to exceed the daily equivalent of the
annual rate of pay for positions at level IV of the Executive
Schedule for each day such member is engaged in the actual
performance of duties.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$36,028,000, of which $1,900,000 for the museum's repair and
rehabilitation program and $1,264,000 for the museum's
exhibitions program shall remain available until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $23,125,000
shall be available to the Presidio Trust, to remain available
until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive Order
issued pursuant to existing law.
Sec. 302. No part of any appropriation 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 advance 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 2001.
Sec. 307. 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. 308. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of
such bridge, when such pedestrian use is consistent with
generally accepted safety standards.
Sec. 309. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims
and sections 2329, 2330, 2331, and 2333 of the Revised Statutes
(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2002, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section 314(c)
of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
Sec. 310. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee reports for
the Bureau of Indian Affairs and the Indian Health Service by
Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
277, 106-113, and 106-291 for payments to tribes and tribal
organizations for contract support costs associated with self-
determination or self-governance contracts, grants, compacts,
or annual funding agreements with the Bureau of Indian Affairs
or the Indian Health Service as funded by such Acts, are the
total amounts available for fiscal years 1994 through 2001 for
such purposes, except that, for the Bureau of Indian Affairs,
tribes and tribal organizations may use their tribal priority
allocations for unmet indirect costs of ongoing contracts,
grants, self-governance compacts or annual funding agreements.
Sec. 311. Notwithstanding any other provision of law, for
fiscal year 2002 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ``Jobs in the
Woods'' Program established in Region 10 of the Forest Service
to individuals and entities in historically timber-dependent
areas in the States of Washington, Oregon, northern California
and Alaska that have been affected by reduced timber harvesting
on Federal lands. The Secretaries shall consider the benefits
to the local economy in evaluating bids and designing
procurements which create economic opportunities for local
contractors.
Sec. 312. (a) Recreational Fee Demonstration Program.--
Subsection (f) of section 315 of the Department of the Interior
and Related Agencies Appropriations Act, 1996 (as contained in
section 101(c) of Public Law 104-134; 110 Stat. 1321-200; 16
U.S.C. 460l-6a note), is amended--
(1) by striking ``commence on October 1, 1995, and
end on September 30, 2002'' and inserting ``end on
September 30, 2004''; and
(2) by striking ``September 30, 2005'' and
inserting ``September 30, 2007''.
(b) Expansion of Program.--Subsection (b) of such section
is amended by striking ``no fewer than 10, but as many as
100,''.
(c) Revenue Sharing.--Subsection (d)(1) of such section is
amended by inserting ``the Secure Rural Schools and Community
Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C.
500 note),'' before ``and any other provision''.
(d) Discounted Fees.--Subsection (b)(2) of such section is
amended by inserting after ``testing'' the following: ``,
including the provision of discounted or free admission or use
as the Secretary considers appropriate''.
(e) Capital Projects.--Subsection (c)(2) of such section is
amended by adding at the end the following new subparagraph:
``(D) None of the funds collected under this section may be
used to plan, design, or construct a visitor center or any
other permanent structure without prior approval of the
Committee on Appropriations of the House of Representatives and
the Committee on Appropriations of the Senate if the estimated
total cost of the structure exceeds $500,000.''.
Sec. 313. None of the funds made available in this or any
other Act for any fiscal year may be used to designate, or to
post any sign designating, any portion of Canaveral National
Seashore in Brevard County, Florida, as a clothing-optional
area or as an area in which public nudity is permitted, if such
designation would be contrary to county ordinance.
Sec. 314. 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. 315. 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. 316. (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. 317. 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. 318. 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. 319. Notwithstanding any other provision of law, none
of the funds in this Act may be used for GSA Telecommunication
Centers.
Sec. 320. None of the funds in this Act may be used for
planning, design or construction of improvements to
Pennsylvania Avenue in front of the White House without the
advance approval of the House and Senate Committees on
Appropriations.
Sec. 321. Amounts deposited during fiscal year 2001 in the
roads and trails fund provided for in the 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. 322. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
machines include an option that enables callers to reach
promptly an individual on-duty with the agency being contacted.
Sec. 323. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised under the
transaction evidence appraisal system using domestic Alaska
values for western red cedar: Provided, That sales which are
deficit when appraised under the transaction evidence appraisal
system using domestic Alaska values for western red cedar may
be advertised upon receipt of a written request by a
prospective, informed bidder, who has the opportunity to review
the Forest Service's cruise and harvest cost estimate for that
timber. Program accomplishments shall be based on volume sold.
Should Region 10 sell, in fiscal year 2002, the annual average
portion of the decadal allowable sale quantity called for in
the current Tongass Land Management Plan in sales which are not
deficit when appraised under the transaction evidence appraisal
system using domestic Alaska values for western red cedar, all
of the western red cedar timber from those sales which is
surplus to the needs of domestic processors in Alaska, shall be
made available to domestic processors in the contiguous 48
United States at prevailing domestic prices. Should Region 10
sell, in fiscal year 2002, less than the annual average portion
of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan in sales which are not
deficit when appraised under the transaction evidence appraisal
system using domestic Alaska values for western red cedar, the
volume of western red cedar timber available to domestic
processors at prevailing domestic prices in the contiguous 48
United States shall be that volume: (i) which is surplus to the
needs of domestic processors in Alaska; and (ii) is that
percent of the surplus western red cedar volume determined by
calculating the ratio of the total timber volume which has been
sold on the Tongass to the annual average portion of the
decadal allowable sale quantity called for in the current
Tongass Land Management Plan. The percentage shall be
calculated by Region 10 on a rolling basis as each sale is sold
(for purposes of this amendment, a ``rolling basis'' shall mean
that the determination of how much western red cedar is
eligible for sale to various markets shall be made at the time
each sale is awarded). Western red cedar shall be deemed
``surplus to the needs of domestic processors in Alaska'' when
the timber sale holder has presented to the Forest Service
documentation of the inability to sell western red cedar logs
from a given sale to domestic Alaska processors at price equal
to or greater than the log selling value stated in the
contract. All additional western red cedar volume not sold to
Alaska or contiguous 48 United States domestic processors may
be exported to foreign markets at the election of the timber
sale holder. All Alaska yellow cedar may be sold at prevailing
export prices at the election of the timber sale holder.
Sec. 324. The Forest Service, in consultation with the
Department of Labor, shall review Forest Service campground
concessions policy to determine if modifications can be made to
Forest Service contracts for campgrounds so that such
concessions fall within the regulatory exemption of 29 CFR
4.122(b). The Forest Service shall offer in fiscal year 2002
such concession prospectuses under the regulatory exemption,
except that, any prospectus that does not meet the requirements
of the regulatory exemption shall be offered as a service
contract in accordance with the requirements of 41 U.S.C. 351-
358.
Sec. 325. 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. 326. For fiscal years 2002 and 2003, the Secretary of
Agriculture is authorized to limit competition for fire and
fuel treatment and watershed restoration contracts in the Giant
Sequoia National Monument and the Sequoia National Forest.
Preference for employment shall be given to dislocated and
displaced workers in Tulare, Kern and Fresno Counties,
California, for work associated with the establishment of the
Giant Sequoia National Monument.
Sec. 327. Revision of Forest Plans. Prior to October 1,
2002, 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. 328. Until September 30, 2003, the authority of the
Secretary of Agriculture to enter into a cooperative agreement
under the first section of Public Law 94-148 (16 U.S.C. 565a-1)
for a purpose described in such section includes the authority
to use that legal instrument when the principal purpose of the
resulting relationship is to the mutually significant benefit
of the Forest Service and the other party or parties to the
agreement, including nonprofit entities.
Sec. 329. (a) Pilot Program Authorizing Conveyance of
Excess Forest Service Structures.--The Secretary of Agriculture
may convey, by sale or exchange, any or all right, title, and
interest of the United States in and to excess buildings and
other structures located on National Forest System lands and
under the jurisdiction of the Forest Service. The conveyance
may include the land on which the building or other structure
is located and such other land immediately adjacent to the
building or structure as the Secretary considers necessary.
(b) Limitation.--Conveyances on not more than 10 sites may
be made under the authority of this section, and the Secretary
of Agriculture shall obtain the concurrence of the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate in advance of each
conveyance.
(c) Use of Proceeds.--The proceeds derived from the sale of
a building or other structure under this section shall be
retained by the Secretary of Agriculture and shall be available
to the Secretary, without further appropriation until expended,
for maintenance and rehabilitation activities within the Forest
Service Region in which the building or structure is located.
(d) Duration of Authority.--The authority provided by this
section expires on September 30, 2005.
Sec. 330. Section 323(a) of the Department of the Interior
and Related Agencies Appropriations Act, 1999, as included in
Public Law 105-277, Div. A, section 101(e) is amended by
inserting ``and fiscal years 2002 through 2005,'' before ``to
the extent funds are otherwise available''.
Sec. 331. 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. 332. Section 347(a) of the Department of the Interior
and Related Agencies Appropriations Act, 1999, as included in
Public Law 105-277, is amended by striking ``2002'' and
inserting ``2004''. The authority to enter into stewardship and
end result contracts provided to the Forest Service in
accordance with section 347 of title III of section 101(e) of
division A of Public Law 105-277 is hereby expanded to
authorize the Forest Service to enter into an additional 28
contracts subject to the same terms and conditions as provided
in that section: Provided, That of the additional contracts
authorized by this section at least 9 shall be allocated to
Region 1 and at least 3 to Region 6.
Sec. 333. Any regulations or policies promulgated or
adopted by the Departments of Agriculture or the Interior
regarding recovery of costs for processing authorizations to
occupy and use Federal lands under their control shall adhere
to and incorporate the following principle arising from Office
of Management and Budget Circular, A-25; no charge should be
made for a service when the identification of the specific
beneficiary is obscure, and the service can be considered
primarily as benefiting broadly the general public.
Sec. 334. The Chief of the Forest Service shall issue a
special use permit for the Sioux Charlie Cabin within the
boundary of the Custer National Forest, Montana, to Montana
State University-Billings, for a term of 20 years for
educational purposes compatible with the cabin's location. The
permit shall be administered under normal national forest
system authorities and regulations, with an additional review
after 10 years to ensure the facility is being used for
educational purposes.
Sec. 335. Section 551(c) of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-61(c)) is amended by
striking ``2002'' and inserting ``2004''.
Sec. 336. Modification to Steel Loan Guarantee Program. (a)
In General.--Section 101 of the Emergency Steel Loan Guarantee
Act of 1999 (Public Law 106-51; 15 U.S.C. 1841 note) is amended
as follows:
(1) Terms and conditions.--Subsection (h) is
amended--
(A) in paragraph (1), by striking ``2005''
and inserting ``2015''; and
(B) by amending paragraph (4) to read as
follows:
``(4) Guarantee level.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), any loan guarantee
provided under this section shall not exceed 85
percent of the amount of principal of the loan.
``(B) Increased level one.--A loan
guarantee may be provided under this section in
excess of 85 percent, but not more than 90
percent, of the amount of principal of the
loan, if--
``(i) the aggregate amount of loans
guaranteed at such percentage and
outstanding under this section at any
one time does not exceed $100,000,000;
and
``(ii) the aggregate amount of
loans guaranteed at such percentage
under this section with respect to a
single qualified steel company does not
exceed $50,000,000.
``(C) Increased level two.--A loan
guarantee may be provided under this section in
excess of 85 percent, but not more than 95
percent, of the amount of principal of the
loan, if--
``(i) the aggregate amount of loans
guaranteed at such percentage and
outstanding under this section at any
one time does not exceed $100,000,000;
and
``(ii) the aggregate amount of
loans guaranteed at such percentage
under this section with respect to a
single qualified steel company does not
exceed $50,000,000.''.
(2) Termination of guarantee authority.--Subsection
(k) is amended by striking ``2001'' and inserting
``2003''.
(b) Applicability.--The amendments made by this section
shall apply only with respect to any guarantee issued on or
after the date of the enactment of this Act.
This Act may be cited as the ``Department of the Interior
and Related Agencies Appropriations Act, 2002''.
And the Senate agree to the same.
Joe Skeen,
Ralph Regula,
Jim Kolbe,
Charles H. Taylor,
George R. Nethercutt, Jr.,
Zach Wamp,
Jack Kingston,
John E. Peterson,
Bill Young,
Norman D. Dicks,
John P. Murtha,
James P. Moran,
Maurice Hinchey,
Martin Olav Sabo,
David Obey,
Managers on the Part of the House.
Robert Byrd,
Patrick Leahy,
Ernest F. Hollings,
Harry Reid,
Byron L. Dorgan,
Dianne Feinstein,
Patty Murray,
Daniel K. Inouye,
Conrad Burns,
Ted Stevens,
Thad Cochran,
Pete V. Domenici,
Robert F. Bennett,
Judd Gregg,
Ben Nighthorse Campbell,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2217), making
appropriations for the Department of the Interior and Related
Agencies for the fiscal year ending September 30, 2002, and for
other purposes, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report.
The conference agreement on H.R. 2217 incorporates some
of the provisions of both the House and the Senate versions of
the bill. Report language and allocations set forth in either
House Report 107-103 or Senate Report 107-36 that are not
changed by the conference are approved by the committee of
conference. The statement of the managers, while repeating some
report language for emphasis, does not negate the language
referenced above unless expressly provided herein.
Reprogramming Guidelines
The Interior and Related Agencies Appropriations
reprogramming guidelines were last published in the House and
Senate reports accompanying the FY 1998 Interior and Related
Agencies Appropriations Act (H. Rep. 105-163, S. Rep. 105-56).
While the managers have agreed to only one minor change to
these guidelines for the National Park Service (addressed under
the land acquisition and State assistance account), recent
dealings with several agencies suggest that the following
clarifications are needed to prevent any future
misunderstandings regarding the applicability of reprogramming
procedures in certain situations.
Though a reprogramming is in part defined in the
guidelines as a reallocation of funds from one budget activity
(or other applicable level of detail) to another, the
guidelines also state that any significant departure from the
program described in the agency's budget justification shall be
considered a reprogramming. This latter portion of the
definition encompasses the reallocation of funds within a
budget activity, if such reallocation represents a
``significant departure'' from the description provided in the
relevant budget justification. In this regard, the managers
would view as a ``significant departure'' any reallocation of
funds within a budget activity for programs or contracts
involving out-year mortgages that are not discussed in detail
in the budget justification. Multi-year and no-year funds do
not lose their program identities when carried over to
subsequent years and a reprogramming is required if such carry-
over funds are to be used for purposes other than those
originally directed.
Conservation Spending Category
The conservation spending category created in title VIII
of the fiscal year 2001 Interior and Related Agencies
Appropriations Act, provided that up to $1,320,000,000 could be
appropriated for conservation related activities, in addition
to ongoing activities funded in this bill. The conference
agreement fully funds the conservation spending category at
$1,320,000,000. The distribution of funds as agreed to by the
managers is shown in the table below.
SUMMARY OF CONSERVATION SPENDING CATEGORY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Subcategory/appropriation account Budget request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Federal, State and Other LWCF Programs:
BLM Federal Land Acquisition................ 47,686 47,686 45,686 49,920
FWS Federal Land Acquisition................ 104,401 104,401 108,401 99,135
NPS Federal Land Acquisition................ 107,036 107,036 123,036 130,117
FS Federal Land Acquisition................. 130,877 130,877 128,877 149,742
---------------------------------------------------------------
Subtotal, Federal Land Acquisition........ 390,000 390,000 406,000 428,914
===============================================================
Stateside Grants (Recreation and Wildlife).. 450,000 0 0 ..............
NPS Stateside Grants (and 0 154,000 164,000 144,000
Administration)........................
State Wildlife Grants................... 0 100,000 100,000 85,000
Competitive Grants for Indian Tribes 0 5,000 0 \1\ 0
FWS Incentive Grant Programs................ 60,000 60,000 60,000 50,000
---------------------------------------------------------------
Subtotal, State and Other Grant Programs.. 510,000 319,000 324,000 279,000
===============================================================
Total LWCF................................ 900,000 709,000 730,000 707,914
===============================================================
State and Other Conservation Programs:
FWS Coop. Endangered Species Conserv. Fund.. 54,694 107,000 91,000 96,235
FWS North American Wetlands Conserv. Fund... 14,912 45,000 42,000 43,500
FWS Neotropical Migratory Birds............. 0 5,000 0 \2\ 0
USGS State Planning Partnerships............ 0 25,000 25,000 25,000
FS, Forest Legacy........................... 30,079 60,000 65,000 65,000
FS, Stewardship Incentives Program.......... 0 8,000 0 \3\ 0
---------------------------------------------------------------
Subtotal.................................. 99,685 250,000 223,000 229,735
===============================================================
Urban and Historic Preservation Programs:
NPS Historic Preservation Fund.............. 67,055 77,000 74,000 74,500
NPS Urban Parks and Recreation Recovery 0 30,000 20,000 30,000
Grants.....................................
FS Urban and Community Forestry............. 31,804 36,000 36,000 36,000
BLM Youth Conservation Corps................ 1,000 1,000 1,000 1,000
FWS Youth Conservation Corps................ 2,000 2,000 2,000 2,000
NPS Youth Conservation Corps................ 2,000 2,000 2,000 2,000
FS Youth Conservation Corps................. 2,000 2,000 2,000 2,000
---------------------------------------------------------------
Subtotal.................................. 105,859 150,000 137,000 147,500
===============================================================
National Wildlife Refuge Fund--FWS.............. 0 5,000 0 \4\ 0
Payments in Lieu of Taxes--BLM.................. 0 50,000 50,000 50,000
Federal Infrastructure Improvement Programs:
BLM--Management of Lands & Resources........ 25,000 28,000 28,000 28,000
FWS--Resource Management.................... 25,000 28,000 31,000 29,000
NSP--Construction........................... 50,000 50,000 60,000 66,851
FS--Capital Improvement and Maintenance..... 50,497 50,000 61,000 61,000
---------------------------------------------------------------
Subtotal.................................. 150,497 156,000 180,000 184,851
===============================================================
FS Total........................................ 245,257 286,877 292,877 313,742
DOI Total....................................... 1,010,784 1,033,123 1,027,123 1,006,258
---------------------------------------------------------------
Total, Conservation Spending Category..... 1,256,041 1,320,000 1,320,000 1,320,000
----------------------------------------------------------------------------------------------------------------
\1\ $5,000,000 for Tribal grants included in State Wildlife grants category.
\2\ $3,000,000 in FWS, but not charged to the conservation spending category (CSC).
\3\ $3,000,000 in FS, but not charged to CSC.
\4\ $3,000,000 above budget request in FWS, but not charged to CSC.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
The conference agreement provides $775,632,000 for
management of lands and resources instead of $768,711,000 as
proposed by the House and $775,962,000 as proposed by the
Senate. Within this amount, $29,000,000 is from the
conservation spending category.
Increases above the House for land resources include
$501,000 for noxious weeds for the Montana State University
weed program, $500,000 for Idaho weed control, and $400,000 for
the Headwaters Forest reserve and a decrease of $1,000,000 for
the natural resource challenge program.
Increases above the House for recreation management
include $1,000,000 for Missouri River undaunted stewardship.
Increases above the House for energy and minerals include
$45,000 for management reforms, $2,000,000 for the National
Petroleum Reserve/Alaska, and $1,775,000 for Alaska minerals
for the continued development of an interagency geological
database that was initiated in fiscal year 2001.
The managers have provided $6,000,000 to address the
Bureau's increased operational workload for oil and gas
permitting and related activities, with an emphasis on
expediting permit applications for coalbed methane development.
The managers direct the Bureau to focus all possible efforts
towards completion of environmental reviews that are necessary
to proceed with further leasing.
The managers did not agree with the $700,000 earmark
included in the Senate version of the bill to address the oil
and gas permit backlog in the State of Utah. However, the
managers did provide a significant increase for oil and gas
permitting activities, a portion of which should be used to
address the Utah backlog.
Increases above the House for realty and ownership
management include $350,000 for the Montana cadastral project,
$300,000 for the Utah geographic reference project, and
$1,500,000 for Alaska conveyance to establish a public lands
database.
The managers note that the increase provided for the
Montana cadastral project fully funds the Federal share of this
effort, however, the Bureau is encouraged to continue working
with the State of Montana to finalize the project and
facilitate data sharing.
Decreases below the House for resource protection and
maintenance include $200,000 for desert rangers, for a total
increase of $400,000 in fiscal year 2002.
There is an increase above the House level for
transportation and facilities maintenance of $250,000 for the
Iditarod National Historic Trail.
There is a decrease of $500,000 below the House level for
workforce organizational support, which reflects a transfer to
the Inspector General for Bureau audits.
The managers agree to the following:
1. The managers note that both the House and Senate
included the Bureau's request of $3,000,000 to identify and
evaluate oil and gas resources and reserves on public lands. In
light of recent attacks on the United States that have
underscored the potential for disruptions to America's energy
supply, the managers believe this project should be considered
a top priority for the Department. Additionally, the managers
direct the Bureau to provide the House and Senate Committees on
Appropriations biannual reports on the progress of this effort
and a final report detailing the findings of this review.
2. The managers wish to clarify the language dealing with
the allocation of funds from the conservation spending
category. Funding included in the management of lands and
resources appropriation for the conservation spending category
can be used for infrastructure improvements on all public lands
including Oregon and California grant lands.
3. The managers are aware of the significant success the
military services have had in utilizing pulse technology in
their vehicles and other equipment to reduce costs and increase
environmental benefits through the extension of the service
life of batteries. The managers urge the Department as a whole,
and specifically the Bureau of Land Management, the National
Park Service, and the U.S. Fish and Wildlife Service to examine
the opportunity for cost savings and associated environmental
benefits of using pulse technology for battery management
programs. The managers believe that this technology, if adopted
by the Department, will directly benefit the Bureaus.
4. The managers urge the Department and the Bureau to
place the highest possible priority on completion of the
Imperial Sand Dunes Recreation Management Plan.
5. The managers have not provided $300,000 for the
Southwest Strategy as proposed by the Senate.
Bill Language:
1. Language is included under the Bureau's administrative
provisions reauthorizing the hard rock mining holding fee for 2
years.
2. The managers have earmarked $700,000 for the Rio
Puerco watershed project, which is $300,000 above the budget
request. The increase above the request shall be used for
projects and initiatives developed by the Rio Puerco Management
Committee (section 401 of Public Law 104-333).
3. The managers have earmarked $4,000,000 for the
assessment of mineral potential in Alaska as proposed by the
Senate instead of $2,225,000 as proposed by the House.
4. The conference agreement includes a technical
correction to the conservation spending category statutory
language as proposed by the Senate.
WILDLAND FIRE MANAGEMENT
The conference agreement provides $678,421,000 for
wildland fire management instead of $700,806,000 as proposed by
the House and $659,421,000 as proposed by the Senate.
The managers have provided $280,807,000 for preparedness,
$161,424,000 for fire suppression of which $34,000,000 is a
contingent emergency appropriation, and $236,190,000 for other
operations of which $20,000,000 is a contingent emergency
appropriation for the rehabilitation and restoration program.
The bureau may allocate up to an additional $2,838,000 for the
Ecological Restoration Institute, Arizona for fuels reduction
work including work at Mt. Trumbull.
The managers have not earmarked funds in bill language
for hazardous fuels reduction work in the wildland-urban
interface as proposed by the Senate. Instead, the managers
direct the Department of the Interior to allocate the funding
level proposed in the Administration's budget request of
$111,255,000 on projects in the wildland-urban interface. If
for any reason the Department is unable to attain the proposed
levels, it shall promptly notify the House and Senate
Committees on Appropriations explaining why the Department was
unable to expend such sums. The managers continue to believe
that an emphasis on fuels reduction work in the wildland-urban
interface is critical to protecting the safety of rural
communities.
Within the funds provided for other operations,
$1,000,000 is for the National Center for Landscape Fire
Analysis at Montana State University including funding for the
purchase of a hyperspectral digital camera.
----------------------------------------------------------------------------------------------------------------
Non-emergency Emergency Total
----------------------------------------------------------------------------------------------------------------
Preparedness.................................................... $280,807,000 .............. $280,807,000
Suppression..................................................... 127,424,000 $34,000,000 161,424,000
Other Operations:
Hazardous Fuels............................................. 186,190,000 .............. 186,190,000
Rehabilitation.............................................. 20,000,000 20,000,000 40,000,000
Rural Fire Assistance....................................... 10,000,000 .............. 10,000,000
-----------------------------------------------
Other Operations Subtotal................................. 216,190,000 20,000,000 236,190,000
Total Fire Funding.............................................. 624,421,000 54,000,000 678,421,000
----------------------------------------------------------------------------------------------------------------
The managers believe that the full, integrated national
fire plan effort needs to be sustained in future years in order
to reduce the risks of catastrophic fire in many areas of the
Nation. The managers note that the Administration, working
along with governors and local communities, have submitted a
framework for a ten-year national fire plan. However, after
reviewing the plan, the managers are concerned that the plan
does not lay out clear funding requirements for various aspects
of this important endeavor. Therefore, the managers direct the
Secretaries of Agriculture and the Interior to provide to the
House and Senate Committees on Appropriations by March 15,
2002, an updated fire plan that includes detailed schedules of
activities and funding requirements. The managers understand
that funding requirements for wildfire activities include
considerable year-to-year uncertainty depending on weather and
fire circumstances and therefore the managers view the funding
requirements for the national fire plan as being an iterative
process, which requires annual updates. The managers direct the
Departments of the Interior and Agriculture to continue to work
together to formulate complementary budget requests that
reflect the same principles and a similar budget organization
and submit a cross-cutting budget request to the Committees,
which covers all federal wildfire responsibilities. In
addition, the managers expect the agencies to seek the advice
of governors, and local and tribal government representatives
in setting priorities for fuels treatments, burned area
rehabilitation, and public outreach and education.
The managers remain concerned about the variation in
methods by which the Departments calculate wildfire fighting
readiness and how the Departments plan their distribution of
firefighting resources to attain efficiency. The managers
direct the two Departments to develop and implement a
coordinated and common system for calculating readiness which
includes provisions for working with the shared fire fighting
resources of the States and other cooperators and considers
values of various resources on both Federal and other lands.
The managers are also concerned about the fire
suppression costs during major incidents and therefore the
Forest Service and the Department of the Interior are directed
to contract for a thorough, independent review of wildfire
suppression costs and strategies. The Departments should
equally share the cost of the review and a preliminary report
should be issued by May 31, 2002 and the final report should be
delivered to the House and Senate Committees on Appropriations
by September 30, 2002.
CENTRAL HAZARDOUS MATERIALS FUND
The conference agreement provides $9,978,000 for the
central hazardous materials fund as proposed by the House and
Senate.
CONSTRUCTION
The conference agreement provides $13,076,000 for
construction instead of $11,076,000 as proposed by the House
and $12,976,000 as proposed by the Senate. Funds should be
distributed as follows:
Program/Area Amount
Pompey's Pillar visitor center, MT...................... $2,900,000
California Trail Interpretive Center, NV................ 2,000,000
Fort Benton Visitor Center, MT.......................... 2,500,000
Rock Springs admin. Building, WY........................ 2,500,000
Caliente warehouse building, NV......................... 200,000
Hult Pond Dam repair, OR................................ 582,000
Wildwood/Fisherman's Bend Sewer systems, OR............. 1,214,000
NHOTIC water treatment system, OR....................... 103,000
North Sand Hills road & sanitation, CO.................. 212,000
Blackwell Island recreation site, ID.................... 765,000
Lone Pine visitor center, CA............................ 100,000
--------------------------------------------------------
____________________________________________________
Total............................................. 13,076,000
PAYMENTS IN LIEU OF TAXES
The conference agreement provides $210,000,000 for
payments in lieu of taxes instead of $200,000,000 as proposed
by the House and $220,000,000 as proposed by the Senate. Within
this amount, $50,000,000 is from the conservation spending
category.
LAND ACQUISITION
The conference agreement provides $49,920,000 for land
acquisition instead of $47,686,000 as proposed by the House and
$45,686,000 as proposed by the Senate. Funds should be
distributed as follows:
Area (State) Amount
Beaver Creek NWSR/White Mountains National Recreation
Area (AK)........................................... $300,000
Catellus (CA)........................................... 3,100,000
Continental Divide National Scenic Trail (WY)........... 320,000
Cosumnes River Preserve (CA)............................ 650,000
Douglas Point (MD)...................................... 2,000,000
El Dorado (rare plants) (CA)............................ 3,000,000
El Malpais National Conservation Area (NM).............. 700,000
Garnet Ghost Town (MT).................................. 650,000
Grande Ronde National Wild and Scenic River (OR/WA)..... 500,000
Gunnison Basin ACEC (CO)................................ 2,500,000
King Range National Conservation Area (CA).............. 1,900,000
Lewis and Clark National Historic Trail (ID)............ 1,000,000
Lower Salmon River ACEC (ID)............................ 2,000,000
Organ Mtns. (NM)........................................ 2,000,000
Otay Mountain/Kuchamaa HCP (CA)......................... 2,000,000
Rio Grande National Wild and Scenic River (NM).......... 4,500,000
San Pedro Ecosystem (Gap/Borderlands--easements) (AZ)... 2,000,000
Sandy River (OR)........................................ 3,000,000
Santa Rosa and San Jacinto Mtns. National Monument (CA). 1,000,000
Snake River Birds of Prey National Conservation Area
(ID)................................................ 2,400,000
Soda Springs Hills (ID)................................. 900,000
St. George (Johnson tract) (UT)......................... 500,000
Upper Arkansas River Basin (CO)......................... 1,500,000
Upper Crab Creek/Rock Creek (WA)........................ 1,000,000
Upper Snake/South Fork Snake River (ID)................. 2,500,000
West Eugene Wetlands (OR)............................... 1,500,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 43,420,000
Emergency/hardship/inholding............................ 1,000,000
Land Exchange Equalization Payments..................... 500,000
Acquisition Management.................................. 5,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 49,920,000
Of the $650,000 included for the Garnet Ghost Town,
$400,000 shall be used for the Blackfoot Challenge.
Of the $5,000,000 provided for acquisition management,
$1,000,000 shall be used for land exchanges in eastern
Washington State including, but not limited to, the Moses
Coulee, Rock Creek, and Upper Crab Creek projects.
OREGON AND CALIFORNIA GRANT LANDS
The conference agreement provides $105,165,000 for Oregon
and California grant lands as proposed by the House instead of
$106,061,000 as proposed by the Senate.
RANGE IMPROVEMENTS
The conference agreement provides an indefinite
appropriation for range improvements of not less than
$10,000,000 as proposed by the House and Senate.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The conference agreement provides an indefinite
appropriation for service charges, deposits, and forfeitures,
which is estimated to be $8,000,000 as proposed by the House
and Senate.
MISCELLANEOUS TRUST FUNDS
The conference agreement provides an indefinite
appropriation of $11,000,000 for miscellaneous trust funds as
proposed by the House and Senate.
United States Fish and Wildlife Service
Resource Management
The conference agreement provides $850,597,000 for
resource management instead of $839,852,000 as proposed by the
House and $845,814,000 as proposed by the Senate. The numerical
changes described below are to the House recommended level.
In endangered species programs there are increases of
$400,000 in candidate conservation for the Idaho sage grouse
management plan, $524,000 for the listing program, and $250,000
in consultation for the Central Valley and Southern California
habitat conservation plan. There is also a decrease of
$1,500,000 for the consultation program backlog.
Changes in the endangered species recovery program
include increases of $800,000 for eider recovery at the Alaska
Sealife Center, $200,000 for wolf monitoring in Idaho, $500,000
for the Preble's meadow jumping mouse in Colorado, $700,000 for
Upper Colorado River endangered fish recovery, $600,000 for
Lahonton cutthroat trout in Nevada, and $1,100,000 for Atlantic
salmon of which $1,000,000 is for grants through the National
Fish and Wildlife Foundation and $100,000 is for Service
activities. There is also a decrease of $1,000,000 for the
recovery program backlog.
Changes to habitat conservation programs include
increases in partners for fish and wildlife of $750,000 for the
Hawaii ESA community conservation plan, $1,250,000 for Reno
biodiversity research and conservation in Nevada, $400,000 for
the Montana Water Center wild fish habitat initiative, and
$100,000 for landowner assistance at the Fairfield Marsh
Waterfowl Production Area in Wisconsin. For project planning,
there is an increase of $250,000 for Middle Rio Grande/Bosque
research and a decrease of $500,000 for the CALFED program. In
coastal programs, there are increases of $1,000,000 for the
Cook Inlet Aquaculture Association king salmon program in
Alaska and $200,000 for the Regional Aquaculture Association
king salmon program in Alaska. There is also an increase of
$9,000 for the environmental contaminants program. Cormorant
work at the National Aquaculture Center in Arkansas and
alternative habitat and food sources for Idaho terns are
addressed in the migratory bird program.
In refuge operations and maintenance, there are decreases
of $700,000 for refuge maintenance and $1,000,000 for the
natural resource challenge program. There are no refuge-
specific earmarks. Ohio River Islands NWR, WV equipment
replacement and Canaan Valley NWR, WV maintenance are addressed
in the construction account.
In migratory bird management, there are increases of
$575,000 to reduce seabird bycatch in Alaska, $1,000,000 for
the Canada geese depredation program, $200,000 for the National
Aquaculture Center in Arkansas to address cormorant depredation
problems, and $250,000 to address alternative habitat and food
sources for terns in Idaho. There is also a decrease of $68,000
for joint venture programs, which reflects the elimination of
the ``general program activities'' category. The funding level
for each joint venture is identical to that shown in the House
report.
There are no refuge-specific earmarks for law
enforcement. Canaan Valley NWR, WV law enforcement maintenance
needs are addressed in the construction account.
Changes to fisheries programs include an increase of
$1,500,000 in hatchery operations and maintenance for Leadville
NFH, CO trout (alternative 2), and increases in fish and
wildlife management of $100,000 for Great Lakes fish and
wildlife restoration, $850,000 for wildlife enhancement in
Starkville, Mississippi, $100,000 for Yukon River escapement
monitoring in Alaska, $200,000 for Yukon River management
studies in Alaska, $160,000 for Yukon River public education on
the salmon treaty in Alaska, $1,000,000 for Yukon River treaty
implementation, $1,270,000 for marine mammal protection in
Alaska, $250,000 for whirling disease research in Montana, and
$100,000 for salmon and trout recovery work on the Columbia and
Snake Rivers by the University of Idaho. Sewer replacement for
the White Sulphur Springs NFH, WV is addressed in the
construction account. Atlantic salmon recovery is addressed in
the Endangered Species Act recovery program.
In general administration, there is an increase of
$750,000 for travel and decreases of $1,000,000 for the
National Fish and Wildlife Foundation and $825,000 for audits
(which are funded under the Office of Inspector General
salaries and expenses account). Grants for Atlantic salmon
(Gulf of Maine) through the National Fish and Wildlife
Foundation are addressed in the Endangered Species Act recovery
program.
The managers agree to the following:
1. A total of $29,000,000 for infrastructure improvement
is charged against the conservation spending category.
2. $850,000 is allocated to the Service for the Pima
County, Arizona, regional multi-species habitat conservation
planning effort that will result in Endangered Species Act
Section 10 permits and is developed in cooperation with the
following entities: the municipalities in Pima County (to
include at least the City of Tucson, Town of Marana, and Town
of Oro Valley) through a Cooperative Agreement by and among the
County and participating municipalities based on the Service's
Habitat Conservation Planning Handbook HCP MOU, and with the
State of Arizona, Pima County interest groups, and Pima County
citizens.
3. The $200,000 increase for wolf monitoring activities
in Idaho is to be managed by the Service's Snake River Basin
Office in Boise, Idaho.
4. The Service is strongly encouraged to work with the
Idaho Office of Species Conservation and Bruneau Hot Springs
Snail Conservation Committee in support of the Bruneau Hot
Springs snail program, including conservation easement
financing and water conservation practices, using appropriate
grant programs administered by the Service.
5. The Service should place a high priority on the
staffing and planning needs at the Hanford Reach National
Monument, WA and on the unmet need for invasive plant control
at the Loxahatchee NWR, FL.
6. The additional funds in hatchery operations and
maintenance for the Leadville NFH, CO are provided with the
expectation that the Department will ensure that the Bureau of
Reclamation provides its share of funds for the project,
consistent with the Bureau's mitigation responsibility.
7. Work by the Service to mitigate the adverse effects of
water resource development projects conducted by other Federal
agencies should be performed on a cost reimbursable basis and
the Service should receive full and fair compensation for such
work.
8. Funding for the wildlife enhancement program in
Starkville, Mississippi is provided to assist in the
establishment of an educational program to assist private
landowners. There is no commitment to future funding.
9. Of the $2,246,000 provided for the continuation of
activities begun in fiscal year 1997 to combat whirling disease
and related fish health issues, $700,000 is for the National
Partnership on the Management of Wild and Native Cold Water
Fisheries, $250,000 is for the purpose of resistant trout
research to be coordinated through the Whirling Disease
Foundation, and $1,296,000 is to continue the National Wild
Fish Health Survey, to expand whirling disease investigations,
and to recruit and train health professionals.
10. The U.S. Army Corps of Engineers is currently
conducting a major review of different approaches to preserving
the Meadowlands wetlands area in northern New Jersey. The
managers understand that the Service has no plan to establish a
new National Wildlife Refuge System unit in this area but
believes that the Service can be a helpful partner in this
review by adding its unique expertise on the elements of the
study that pertain to conservation of wildlife, particularly
migratory birds. The managers have deleted without prejudice
the earmark in the Senate bill for a separate U.S. Fish and
Wildlife Service Meadowlands study. Instead, the managers
direct the Service to provide in-depth advice and consultation
to the Corps to ensure that the study reflects the most
appropriate recommendations for the support of wildlife in any
future Meadowlands plans. The managers believe this will
involve a substantial commitment of Fish and Wildlife Service
resources to the Corps' effort, approximately equal to the
$140,000 specified in the Senate bill.
11. The Service is encouraged to work with Marion County,
Oregon and other stakeholders to address the long-term
preservation of critical wetlands and wildlife habitat in the
Lake Labish Basin.
The managers have agreed to a technical change to the
conservation spending category bill language as proposed by the
Senate, and a technical change as proposed by the House on
merging prior year funds for infrastructure improvement under
the conservation spending category.
The House proposed bill language designating specific
amounts for the endangered species listing program and for
critical habitat designations has been modified to adopt the
Senate funding level for the listing program and to specify
that the critical habitat designation limitation is exclusive
of funds needed for litigation support.
Senate proposed earmarks for a study of the Hackensack
Meadowlands in New Jersey, for Atlantic salmon grants in Maine,
and for University of Idaho research on salmon and trout
recovery are not retained in statutory language. Each of these
items is addressed above.
CONSTRUCTION
The conference agreement provides $55,543,000 for
construction instead of $48,849,000 as proposed by the House
and $55,526,000 as proposed by the Senate. Funds are to be
distributed as follows:
------------------------------------------------------------------------
Project Description Amount
------------------------------------------------------------------------
Anahuac NWR, TX................ Bridge Rehabilitation/ 330,000
Replacement--Phase II
(c).
Bear River NWR, UT............. Dikes and related 500,000
facilities.
Bear River NWR, UT............. Maintenance facility... 500,000
Big Branch NWR, LA............. Facilities renovation.. 400,000
Big Muddy NWR, MO.............. Headquarters design (p) 250,000
Blackwater NWR, MD............. Renovation of existing 899,000
facility.
Bozeman Fish Technology Center, Construction of 2,556,000
MT. Laboratory/
Administration
Building.
Bridge Safety Inspections...... ....................... 545,000
Canaan Valley NWR, WV.......... Maintenance............ 875,000
Chincoteague NWR, VA........... Herbert H. Bateman 3,400,000
Education & Admin.
Center--Phase III (c).
Condor Facilities, CA & ID..... Recovery facility 1,750,000
construction and
renovation.
Creston NFH, MT................ Jessup Mill Dam--Phase 1,900,000
III (c).
Crystal River NWR, FL.......... Office renovation (p/d) 125,000
Dam Safety Program and ....................... 650,000
Inspections.
Eufala NWR, AL................. Environmental learning 100,000
center (p).
Hagerman NWR, TX............... Bridge Rehabilitation-- 1,800,000
Phase II (c).
Humboldt Bay NWR, CA........... Seismic Safety 190,000
Rehabilitation--Phase
I (p/d).
Iron River NFH, WI............. Replace Domes at 740,000
Schacte Creek with
Building.
John Hay NWR, NH............... Barn rehabilitation.... 150,000
John Heinz NWR, PA............. Complete/equipment 600,000
furnish admin. Wing.
Jordan River NFH, MI........... Replace Great Lakes 200,000
Fish Stocking Vessel.
Kealia Pond NWR, HI............ Mitigation (c)......... 750,000
Klamath Basin Complex, OR...... Water Supply and 1,700,000
Management--Phase III.
Kodiak NWR, AK................. Visitor Center (p)..... 500,000
Leavenworth NFH, WA............ Seismic Safety 170,000
Rehabilitation--Phase
I (p/d).
Mammoth Springs NFH, AR........ Water supply & 60,000
management--Phase II.
Mattamuskeet NWR, NC........... Lodge renovation....... 3,500,000
Midway Atoll NWR............... Hangar roof replacement 650,000
Montezuma NWR, NY.............. Crusoe Conservation 400,000
Center (c).
National Black-Footed Ferret New Endangered Species 2,260,000
Conservation Center, CO. Facility--Phase III
(c).
Necedah NWR, WI................ Rynearson #1 Dam--Phase 2,725,000
II (c).
Northwest Power Planning Area.. Fish screens, etc...... 4,000,000
Ohio River Islands NWR, WV..... Equipment replacement.. 50,000
Quinault NFH, WA............... Replace Quarters....... 290,000
Red Rock Lakes NWR, MT......... Seismic Safety 135,000
Rehabilitation--Phase
I (p/d).
San Pablo Bay NWR, CA.......... Renovate Office--Phase 2,500,000
II (c).
Silvio O. Conte NWR, VT........ Education center 750,000
(completes
construction).
Six NFHs in New England........ Water Treatment 2,630,000
Improvements--Phase
III (c).
Ted Stevens Anchorage Int'l Hangar--Phase I (p/d).. 536,000
Airport, AK.
Waccamaw NWR, SC............... Visitor and Education 400,000
Center (p).
White Sulphur Springs NFH, WV.. Sewer replacement and 185,000
maintenance needs.
Wolf Creek NFH, KY............. Visitor and Education 400,000
Center (p/d).
---------------
Subtotal: Line Item ....................... 43,051,000
Construction.
===============
Nationwide Engineering
Services:
Demolition Fund............ ....................... 1,000,000
Environmental Compliance... ....................... 1,856,000
Seismic Safety Program..... ....................... 180,000
Waste Prevention and ....................... 150,000
Recycling.
---------------
Other Engineering Services. ....................... 9,306,000
===============
Total.................... ....................... 55,543,000
------------------------------------------------------------------------
The managers are concerned that the Service's
construction program is not based on a sound strategic plan
that clearly identifies priorities for the construction of
headquarters, maintenance, visitor, and education facilities.
For the past few years, construction budget requests have been
inadequate and limited, almost exclusively, to health and
safety-related projects. As a result, construction priorities
outside that narrow scope have been set by the Congress.
Management personnel within the Service have taken advantage of
Congressional earmarks by attempting to convert a large number
of Congressionally earmarked projects, including basic repair
projects, into proposals for large, expensive visitor and
education centers. The managers believe that the Service needs
to take control of the priority setting process for
construction and to set fair and reasonable priorities for
construction outside the health and safety arena. Further,
funding for the highest priority refuge and hatchery
headquarters, visitor/education center construction projects,
and visitor contact stations should be justified and requested
in annual budget submissions.
The managers expect the Service to focus on providing on-
the-ground refuge experiences for visitors and modest visitor/
education centers and visitor contact stations. The Service
should develop standardized designs for education and visitor
centers and for visitor contact stations. The managers suggest
that the maximum cost for any visitor center should not exceed
$3 million unless there are extreme, extenuating circumstances,
such as the high cost of materials transport and construction
in Alaska. The managers expect the Service to treat the maximum
amount as a true ceiling and not as the amount that every
visitor center will receive. Also, visitor contact stations
should have a much lower maximum funding level.
The managers expect the Service to pursue cost sharing,
including in-kind services and contributions, in establishing
priorities for construction. Further, the size of visitor
centers and headquarters buildings should be related to current
visitation and currently established ``minimum staffing
levels'' and not based on comprehensive conservation plan or
other projections. The guidelines and specifications developed
by the Service should address size and function,
sustainability, energy efficiency, people flow, and operating
costs. The managers also expect the Service to develop unified
outreach materials for visitor facilities.
The Service should report to the House and Senate
Committees on Appropriations no later than February 1, 2002, on
its priority setting and evaluation process for construction
projects. Supervisory and management personnel within the
Service should be held accountable for implementing Service
construction priorities and should be clearly directed to
refrain from operating as ``free agents'' in support of
specific construction proposals outside that process.
Finally, the managers caution the Service that its
refuge-specific comprehensive conservation plans are raising
unrealistic expectations, both within and outside the Service,
with respect to construction, land acquisition, and operations
and maintenance funding availability. The managers expect the
Service to place a clear and realistic statement in the front
of each comprehensive conservation plan stating that such plans
detail program planning levels that are substantially above
current budget allocations and, as such, are for Service
strategic planning and program prioritization purposes only.
Such plans do not constitute a commitment for refuge boundary
expansions, staffing increases, or funding for future refuge-
specific land acquisitions, construction projects or
operational and maintenance increases.
The managers agree to the following:
1. The funds provided for the Northwest Power Planning
Area are for construction of fish screens, fish passage
devices, and related features, pursuant to Public Law 106-502.
2. No funds are provided for an administrative center and
visitor facility at Pelican Island NWR, FL. The Service should
identify a site for, and justify the cost of, such a facility
in future budget requests.
3. The Crusoe Conservation Center at the Montezuma NWR,
NY is being funded largely with State and local funding from
the State of New York, the local school district, Ducks
Unlimited, and the Audubon Society. The managers encourage the
Service to pursue such cost sharing for construction projects
on other refuges.
4. The Service should pursue potential cost-sharing
arrangements for construction of the Waccamaw NWR, SC visitor
and education center.
5. No funds are included for planning and design of a
research facility at the Sevilleta NWR, NM. The Service should
consider such a facility in the context of its construction
priorities for fiscal year 2003.
6. Further funding for barn rehabilitation at John Hay
NWR, NH, if needed, should be provided from other sources such
as historic preservation groups.
LAND ACQUISITION
The conference agreement provides $99,135,000 for land
acquisition instead of $104,401,000 as proposed by the House
and $108,401,000 as proposed by the Senate. Funds should be
distributed as follows:
Area (State) Amount
Back Bay NWR (VA)....................................... $3,900,000
Big Muddy NFWR (MO)..................................... 2,000,000
Bon Secour NWR (AL)..................................... 1,000,000
Cahaba NWR (AL)......................................... 2,500,000
Canaan Valley NWR (WV).................................. 7,800,000
Cape May NWR (NJ)....................................... 1,100,000
Cat Island NWR (LA)..................................... 4,000,000
Charles M. Russell NWR (MT)............................. 1,000,000
Clarks River NWR (KY)................................... 1,500,000
Dakota Tallgrass Prairie WMA (ND/SD).................... 2,500,000
Edwin B. Forsythe NWR (NJ).............................. 2,500,000
Fairfield Marsh Waterfowl Production Area (WI).......... 1,000,000
Florida Panther NWR (FL)................................ 500,000
Great Bay NWR (NH)...................................... 1,200,000
Great Meadows NWR (MA).................................. 1,000,000
Great Salt Pond NWR (RI)................................ 500,000
Great Swamp NWR (NJ).................................... 1,000,000
Iron River Fish Hatchery (Glacial Springs) (WI)......... 285,000
J.N. Ding Darling NWR Complex (FL)...................... 3,000,000
James Campbell NWR (HI)................................. 2,000,000
Kenai NWR (Point Possession) (AK)....................... 3,300,000
Laguna Atascosa NWR (TX)................................ 5,000,000
Louisiana Black Bear Complex--Black Bayou NWR (LA)...... 500,000
Neal Smith NWR (IA)..................................... 1,000,000
Nisqually NWR Complex (WA).............................. 1,000,000
Northern Tallgrass Prairie NWR (MN/IA).................. 550,000
Pelican Island NWR (Completes Lear and Michael tracts)
(FL)................................................ 5,000,000
Petit Manan NWR (ME).................................... 750,000
Rachel Carson NWR (ME).................................. 1,000,000
Rappahannock River Valley NWR (VA)...................... 2,000,000
Red River NWR (LA)...................................... 1,000,000
Red Rocks Lakes NWR (MT)................................ 500,000
Reelfoot NWR Complex (TN)............................... 1,000,000
Rhode Island NWR Complex (RI)........................... 1,000,000
San Diego NWR (CA)...................................... 5,000,000
Silvio O. Conte NFWR.................................... 1,100,000
Southeast Louisiana NWR Complex (LA).................... 500,000
Stewart B. McKinney NWR (CT)............................ 2,000,000
Waccamaw NWR (SC)....................................... 2,000,000
Wallkill River NWR (NJ)................................. 2,000,000
Western Montana Project (MT)............................ 3,000,000
White Sulphur Springs NFH (WV).......................... 150,000
Whittlesey Creek NWR (WI)............................... 500,000
--------------------------------------------------------
____________________________________________________
Subtotal........................................ 80,135,000
Emergency & Hardship.................................... 1,500,000
Inholdings.............................................. 1,500,000
Exchanges............................................... 1,000,000
Acquisition Management.................................. 15,000,000
--------------------------------------------------------
____________________________________________________
Total........................................... 99,135,000
The funds included for the Great Salt Pond NWR, RI are
subject to authorization.
The managers direct the Service to make land acquisition
requests for individual refuge units, rather than the current
practice of making requests at the refuge complex level.
None of the funding provided for land acquisition shall
be used to acquire land for the placement of a visitor/
interpretive center, without specifically identifying this
purpose in the budget justification for both the land
acquisition and construction accounts.
The managers have included bill language authorizing the
purchase of common stock of Yauhannah Properties, Inc. The
managers understand that the Yauhannah Properties, Inc. sole
holding is property within the boundary of the Waccamaw
National Wildlife Refuge, and they are only making the property
available through the sale of common stock. Therefore, the
managers are aware that it may be necessary for the Service to
acquire this parcel by purchasing the common stock. The
managers note that this purchase presents a number of
complexities outside the Service's expertise, including
potential tax implications. The managers expect that the
Service should not assume any Federal, State, or other
jurisdiction tax liability by acquiring this property through
the purchase of common stock. The managers also expect that the
purchase of common stock should only occur if the United States
does not assume any material unanticipated liabilities or
assume any additional liability or expense than it would
otherwise assume if the underlying property were acquired.
The managers continue to be concerned about the Service's
land acquisition budgeting and its land acquisition policy. In
response to continuing oversight by the Appropriations
Committees, the Service has developed a proposal to streamline
staffing and to reform its approach to land acquisition
budgeting and program implementation. The managers expect the
Service to implement its proposal to reduce staffing from the
current FTE level of 198 to 156 FTEs by October 1, 2003. The
Service should make much greater use of contract resources for
appraisals, cartography and surveying associated with land
acquisition. The practice of refuge personnel and endangered
species personnel charging costs to land acquisition should be
terminated unless there are reimbursable agreements in place.
The managers have agreed to bill language to permit the
limited use of project funding for overhead cost allocation
consistent with the Service's cost allocation methodology
during fiscal year 2002 only. The maximum amount that can be
assessed against all land acquisition projects in fiscal year
2002 is $2,500,000 and the managers urge the Service to use
savings from staffing attrition and other streamlining efforts
to reduce, to the greatest extent possible, the amount assessed
to a number well below the maximum allowable level.
The managers expect the Service to identify clearly its
land acquisition planning requirements in the fiscal year 2003
and future budget requests and to justify fully those
requirements as a separate line item in the land acquisition or
resource management account. Likewise, any overhead cost
allocation should be minimized and justified fully as a
separate ``cost allocation methodology'' line item in the land
acquisition account.
The managers expect the Service to report semi-annually
on progress in implementing its land acquisition streamlining
proposal and to achieve the October 1, 2003 staffing goals
sooner than that date to the maximum extent practicable. The
first progress report is due no later than February 1, 2002.
Also, the managers strongly support the policy requiring
Director approval of any refuge boundary expansion and expect
the Service to justify any such approvals in the semi-annual
report.
Land acquisition reform should be incorporated as a
critical performance element in the Service's supervisory
performance standards at the highest levels in headquarters,
regional offices and the field. This performance element should
be taken very seriously within the Service and the semi-annual
reports to the House and Senate Committees on Appropriations
should address specifically management performance on this
element. The managers remind the Service that land acquisition
reform should not be limited to implementing the Service's
streamlining proposal. It should also apply to the individual
manager's responsibility to adhere to the Service's land
acquisition prioritization process and not operate as a ``free
agent'' in support of specific land acquisition proposals
outside that process.
Finally, the managers caution the Service that its
refuge-specific comprehensive conservation plans are raising
unrealistic expectations, both within and outside the Service,
with respect to future land acquisition, construction, and
operations and maintenance funding availability. The managers
expect the Service to place a clear and realistic statement in
the front of each comprehensive conservation plan stating that
such plans detail program planning levels that are
substantially above current budget allocations and, as such,
are for Service strategic planning and program prioritization
purposes only. Such plans do not constitute a commitment for
refuge boundary expansions, staffing increases, or funding for
future refuge-specific land acquisitions, construction projects
or operational and maintenance increases.
LANDOWNER INCENTIVE PROGRAM
The conference agreement provides $40,000,000 for the
landowner incentive program instead of $50,000,000 as proposed
by both the House and the Senate.
STEWARDSHIP GRANTS
The conference agreement provides $10,000,000 for
stewardship grants as proposed by both the House and the
Senate.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
The conference agreement provides $96,235,000 for the
cooperative endangered species conservation fund instead of
$107,000,000 as proposed by the House and $91,000,000 as
proposed by the Senate. Changes to the House level include a
decrease of $12,000,000 for habitat conservation plan land
acquisition and an increase of $1,235,000 for program
administration.
NATIONAL WILDLIFE REFUGE FUND
The conference agreement provides $14,414,000 for the
national wildlife refuge fund as proposed by the Senate instead
of $16,414,000 as proposed by the House. None of these funds
are charged against the conservation spending category.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The conference agreement provides $43,500,000 for the
North American wetlands conservation fund instead of
$45,000,000 as proposed by the House and $42,000,000 as
proposed by the Senate. Decreases to the House level include
$1,440,000 for wetlands conservation grants and $60,000 for
program administration.
The managers understand that the Caddo Lake Institute in
partnership with the Division of International Conservation and
the National Wetlands Research Center in Lafayette, Louisiana
are interested in pursuing a RAMSAR-based wetlands science,
site management and education program. The managers strongly
encourage the Service to work with these groups to explore the
possibility of funding such an activity through a North
American Wetlands Conservation Act grant or another Service
program.
The managers have agreed to bill language, as proposed by
the House, limiting increased grant funding above the fiscal
year 2001 level to projects in the United States. The Senate
had no similar provision.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
The conference agreement provides $3,000,000 for the
neotropical migratory bird conservation program instead of
$5,000,000 as proposed by the House and no funding as proposed
by the Senate. None of these funds are charged against the
conservation spending category.
The managers expect the program to be administered by the
division of bird habitat conservation but the Service should
incorporate international program staff expertise into the
oversight and administration of the program.
MULTINATIONAL SPECIES CONSERVATION FUND
The conference agreement provides $4,000,000 for the
multinational species conservation fund as proposed by both the
House and the Senate.
The managers have agreed to bill language, as proposed by
the House, specifying the public law citations for the Asian
elephant and the rhino and tiger funds.
STATE WILDLIFE GRANTS
(INCLUDING RESCISSION OF FUNDS)
The conference agreement provides $85,000,000 for State
wildlife grants in fiscal year 2002 instead of $100,000,000 as
proposed by both the House and the Senate. Within this amount,
$5,000,000 is for a competitive grant program for Indian
tribes. The agreement also provides for the rescission of
$25,000,000 from the fiscal year 2001 appropriation rather than
a rescission of $49,890,000 as proposed by the Senate and no
rescission as proposed by the House.
The managers agree to the clarification of the ``full
array'' of wildlife requirement for planning contained in the
House report.
The managers have agreed to the distribution formula in
bill language proposed by the Senate rather than the formula
proposed by the House. The managers have also agreed to a
technical change to the conservation spending category bill
language proposed by the Senate.
TRIBAL WILDLIFE GRANTS
The conference agreement provides no funding under this
heading for tribal wildlife grants; however, $5,000,000 is
earmarked under the State wildlife grant program for this
purpose.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
The conference agreement provides $1,476,977,000 for the
operation of the National park system instead of $1,480,336,000
as proposed by the House and $1,473,128,000 as proposed by the
Senate. Of this amount, $2,000,000 for the Youth Conservation
Corps program is derived from the conservation spending
category.
The agreement provides $318,827,000 for resource
stewardship as proposed by the House instead of $317,996,000 as
proposed by the Senate. The agreement provides $297,543,000 for
visitor services as proposed by the House instead of
$298,343,000 as proposed by the Senate.
The agreement provides $481,088,000 for maintenance
instead of $483,197,000 as proposed by the House and
$478,701,000 as proposed by the Senate. Changes to the House
level include increases totaling $600,000 for the New River
Gorge National River to hire local crews to improve visitor
access and facilities, remove structures posing hazards to
visitors, and provide technical support and maintenance for the
parkway. There is a reduction of $2,709,000 for the repair and
rehabilitation program. Within the total for repair and
rehabilitation the following projects should be funded:
$675,000 for the Great Smoky Mountains National Park including
$375,000 to repair the historic log cabins and a $300,000
general increase for maintenance needs, $400,000 for the George
Washington Memorial Parkway, $175,000 for the Klondike Goldrush
National Historic Park, and $400,000 for the Indiana Dunes
National Lakeshore.
The conference agreement provides $272,921,000 for park
support instead of $271,371,000 as proposed by the House and
$271,490,000 as proposed by the Senate. Changes to the House
level include increases of $200,000 for Wild and Scenic
Partnership Rivers, $2,000,000 for Lewis and Clark Challenge
Cost Share program grants and a decrease of $650,000 for
financial audits, which have been funded under the Inspector
General account. The entire $200,000 increase for Wild and
Scenic Partnerships Rivers should be allocated directly to the
eight partnership rivers through the Northeast Regional Office.
The funds should be equally divided among the areas. The
managers direct that no overhead costs may be charged to this
money including the hiring of new staff. Any technical
assistance should be provided by the existing rivers, trails
and conservation assistance regional staff.
The agreement provides $104,598,000 for external
administrative costs as proposed by the Senate instead of
$107,398,000 as proposed by the House. The change to the House
level is a reduction of $2,800,000 for bandwidth needs.
Following enactment of this Act, the National Park
Service should make the necessary adjustments to align the
additional operation funds for the purposes approved by the
House and Senate Committees on Appropriations with the proper
budget subactivities.
The managers remain supportive of the parks and programs
of the Service. Each year, efforts are made to provide
additional operational increases, over and above the request,
to keep pace with the growing demands on the system and the
Service. While some additional hiring may be necessary, the
managers strongly encourage the Service to consider carefully
the outyear implications of hiring decisions being made with
available funds. Inflationary adjustments, pay cost
requirements, and other dollars necessary to support employees
grow over time. At a time of budget uncertainty, NPS managers
should be cautious in committing to the hiring of additional
personnel that may not be sustainable over time if budget
increases are not forthcoming in future years.
The managers reinforce the direction in the House report
regarding the cost and size of visitor centers, heritage
centers and environmental education centers. Nearly five years
ago, the Service was cautioned to be more realistic about the
development of General Management Plans, which, in many cases,
have become unrealistic documents which tend to include
expensive, oversized buildings and other projects that are not
essential or central to the mission of the park. In many
instances, superintendents, working outside the National Park
Service's budget process, put forward proposals for visitor
centers that are oversized and do not take into account the
location, current visitation and staffing levels of the
specific unit. These projects often compete directly against
backlog maintenance projects and other construction priority
needs of the Service.
The managers direct the Director to take these repeated
concerns seriously and prepare a response by February 1, 2002,
which proposes a new National policy regarding the preparation
of General Management Plans, addresses the issue of oversized
structures, establishes appropriate scope for new proposed
facilities, and establishes cost and planning parameters to be
followed by all parks.
The managers expect the Director and the Regional
Directors to be familiar with the scope of projects proposed,
and to withhold approval of plans and projects that are not
consistent with the policy to be articulated. This applies to
proposals that are being officially considered through the
budget process and proposals that are being considered
independently. The managers understand that lines of authority
flow from the Director through the Regional Directors to the
parks, and greater discipline must be imposed in complying with
established policy.
The managers also suggest that there should be a priority
process for proposing new visitor facilities, when needed, and
that the Service consider seriously the inclusion of this type
of facility in the budget process when it meets a priority need
of the Park System. The managers are concerned that priority
systems for line-item construction which rely solely on backlog
maintenance as a determining factor for funding will exacerbate
the trend towards bypassing the established budget process for
visitor services facilities. The National Park Service and the
Department of the Interior are encouraged to agree on one
common priority system that reflects the breadth of the
Service's mission, with a strong emphasis on addressing backlog
issues while responding to the emerging challenges facing the
Service.
The managers have agreed to the Senate bill language
providing two-year availability for maintenance, repair or
rehabilitation projects, an automated facility management
software system, and comprehensive facility condition
assessments.
The managers have retained language, proposed by the
House, which precludes the Service from establishing a new
associate director position for business practices and
partnerships. The managers agree that the Service needs to
enhance its capacities in these areas, particularly with regard
to strategic direction in the areas of concessions and fee
management. Rather than reorganizing and creating more
positions, at a time when the Administration is requiring
agencies to review their workforces and streamline their
organizations, the managers expect the Service to focus on
increasing the technical and financial expertise needed to
improve and protect the financial interests of parks on behalf
of the taxpayers. Not all of these skills need to be hired on a
permanent basis. Contracts and consultants should be used as
appropriate. In filling positions in the concessions and fee
areas, the managers expect the Service to abandon the
traditional position descriptions and job screening criteria,
and recruit for new employees who possess the necessary
financial and strategic backgrounds. The managers have
supported most of the business plans developed to date, and
recommend that the types of skills used in that project be put
to greater use within the National Park Service.
The managers have agreed to modify the Senate language
regarding the Lewis and Clark Challenge Cost Share program to
limit single awards to no more than $250,000 instead of
$100,000 as proposed by the Senate. The managers also want to
make clear that the competitive funds may be used for signature
events, planning, visitor services and safety information.
The managers are aware of work that has been done at
Glacier National Park to make several boat docks and trails
accessible to park visitors with disabilities. The managers
applaud these efforts, and urge the Service to allocate the
funds necessary to complete similar work at the heavily used
dock at Lake McDonald Lodge.
The managers commend the Service for beginning to include
the role of slavery in its interpretations at Civil War
Battlefields and Monuments along with other factors such as
State sovereignty rights, economics including trade and
tariffs, and broader cultural differences. The managers
encourage the Service to continue to diversify and expand its
interpretations so that all of these complex factors can be
better understood.
The managers are supportive of efforts by the Service to
expand diversity, not only in the workforce but also in the
types of parks that comprise the system and in the outreach
that is done to attract a broader spectrum of visitors to the
resources of the Service. The managers are supportive of the
cultural resources diversity initiative and encourage the
Service to build on the successes of this effort in support of
greater progress across all programs. The managers direct the
Service to have an interdisciplinary team representing
headquarters and the field prepare a comprehensive report on
its various diversity initiatives, especially as they affect
visitation and employment, and report back to the Committees on
these findings by March 31, 2002. The report should incorporate
those aspects of the Service's diversity action plan, which are
targeted at improving performance, as well as the Director's
plan for communicating internally and externally to the Service
on the importance of these issues. The report should then be
updated annually. The Service is encouraged to pursue
opportunities to extend its outreach efforts in ways that do
not require increased funding.
The managers are aware of efforts by the Department of
the Interior to work with State and local authorities to
prepare land use plans for the former Bureau of Mines property
near Fort Snelling, Minnesota. The managers have deferred
consideration of funding for this project pending conclusion of
these discussions and presentation to the Committees of a land
use plan which clarifies the total cost of the project, the
Federal share of such costs, and more precise details regarding
the role to be played by the Federal government. The managers
are hopeful that a formal proposal can be considered prior to
conference on the fiscal year 2003 bill.
United States Park Police
The conference agreement provides $65,260,000 for the
United States Park Police as proposed by the House, instead of
$66,106,000 as proposed by the Senate.
The managers have been concerned for several years about
fiscal management and accountability of the U.S. Park Police.
As a result, the Committees directed the National Academy of
Public Administration (NAPA) to conduct a review of the USPP's
goals, mission, financial management and accountability as well
as its staffing, equipment, and other needs. The Academy
completed its review in August and made extensive
recommendations on needed improvements.
The managers direct the Department, in cooperation with
the National Park Service and the United States Park Police, to
develop a detailed plan to implement the comprehensive
recommendations of NAPA described in the August 2001 report.
The Department should forward its implementation plan to the
House and Senate Committees on Appropriations no later than
December 15, 2001.
National Recreation and Preservation
The conference agreement provides $66,159,000 for
National recreation and preservation instead of $51,804,000 as
proposed by the House and $66,287,000 as proposed by the
Senate. The agreement provides $549,000 for recreation programs
as proposed by the House instead of $555,000 as proposed by the
Senate.
The agreement provides $10,930,000 for natural programs
as proposed by the House instead of $11,595,000 as proposed by
the Senate. Within the amount provided for the Rivers and
Trails Conservation Assistance program, $250,000 is earmarked
for work establishing a 740-mile Northern Forest Canoe Trail
through the States of Vermont, New York, Maine, and New
Hampshire. The managers urge the program to give priority
consideration to the Eightmile River, the Washington-Rochambeau
National Historic Trail and Clark County, Nevada. The managers
are concerned with National Park Service decisions to continue
Rivers and Trails Conservation Assistance earmarks as permanent
increases to base funding. If the National Park Service wishes
to continue an earmark it should be identified as a continuing
project in the budget justification.
The agreement provides $20,769,000 for cultural programs
instead of $20,019,000 as proposed by the House and $20,451,000
as proposed by the Senate. Changes to the House level include
an increase of $250,000 for the Heritage Education Model and
$500,000 for the newly authorized Underground Railroad grant
program, of which $250,000 is for a grant to the Underground
Railroad Coalition of Delaware. This program should be managed
by the same grants staff as the Underground Railroad technical
assistance program. This entire amount should be used for
grants. The $250,000 earmarked in the House report to continue
development of a model Heritage Education Initiative is in
cooperation with Northwestern State University of Louisiana.
Within available funds, the managers direct that $300,000 be
available for Heritage Preservation, Inc.
The conference agreement provides $1,718,000 for
international park affairs as proposed by the House instead of
$1,732,000 as proposed by the Senate.
The agreement provides $397,000 for environmental
compliance and review as proposed by the House instead of
$401,000 as proposed by the Senate. Also provided is $1,582,000
for grant administration as proposed by the House instead of
$1,605,000 as proposed by the Senate.
The conference agreement provides $13,209,000 for
heritage partnership programs instead of $12,458,000 as
proposed by the House and $13,368,000 as proposed by the
Senate. This total includes $13,092,000 for individual heritage
areas and $117,000 for administrative support. Funds are to be
distributed as follows:
America's Agricultural Heritage Partnership............. $700,000
Augusta Canal National Heritage Area.................... 492,000
Automobile National Heritage Area....................... 500,000
Cache La Poudre River Corridor.......................... 50,000
Cane River National Heritage Area....................... 650,000
Delaware and Lehigh National Heritage Corridor.......... 700,000
Erie Canalway National Heritage Corridor................ 210,000
Essex National Heritage Area............................ 1,000,000
Hudson River Valley National Heritage Area.............. 900,000
Illinois and Michigan Canal National Heritage Corridor.. 500,000
John H. Chafee Blackstone River Valley National Heritage
Corridor............................................ 800,000
Lackawanna Valley National Heritage Area................ 500,000
National Coal Heritage Area............................. 210,000
Ohio and Erie Canal National Heritage Corridor.......... 1,000,000
Quinebaug and Shetucket Rivers Valley National Heritage
Corridor............................................ 750,000
Rivers of Steel National Heritage Area.................. 1,000,000
Schuykill National Heritage Area........................ 210,000
Shenandoah River Valley Battlefields National Historic
District............................................ 500,000
South Carolina National Heritage Corridor............... 1,000,000
Tennessee Civil War Heritage Area....................... 210,000
Wheeling National Heritage Area......................... 1,000,000
Yuma Crossing National Heritage Area.................... 210,000
--------------------------------------------------------
____________________________________________________
Project total....................................... 13,092,000
Administrative.......................................... 117,000
--------------------------------------------------------
____________________________________________________
Total............................................... 13,209,000
The managers reiterate that previously appropriated
technical assistance money for heritage areas is to be used to
assist local governments and partner organizations implement
locally supported projects consistent with the overall plans
for these congressionally designated areas.
The conference agreement provides $17,005,000 for
statutory or contractual aid instead of $4,151,000 as proposed
by the House and $16,580,000 as proposed by the Senate. The
funds are to be distributed as follows:
Anchorage Museum........................................ $2,500,000
Barnanoff Museum/Erksin House........................... 250,000
Bishop Museum's Falls of Clyde.......................... 300,000
Brown Foundation........................................ 101,000
Chesapeake Bay Gateways................................. 1,200,000
Dayton Aviation Heritage Commission..................... 299,000
Denver Natural History and Science Museum............... 750,000
Ice Age National Scientific Reserve..................... 806,000
Independence Mine....................................... 1,500,000
Jamestown 2007.......................................... 200,000
Johnstown Area Heritage Association..................... 49,000
Lake Roosevelt Forum.................................... 50,000
Lamprey River........................................... 500,000
Mandan On-a-Slant Village............................... 750,000
Martin Luther King, Jr. Center.......................... 528,000
Morris Thomson Cultural and Visitor Center.............. 750,000
National Constitution Center............................ 500,000
Native Hawaiian Culture and Arts Program................ 740,000
New Orleans Jazz Commission............................. 66,000
Penn Center National Landmark........................... 1,000,000
Roosevelt Campobello International Park Commission...... 766,000
Sewall-Belmont House.................................... 500,000
St. Charles Interpretive Center......................... 500,000
Vancouver National Historic Reserve..................... 400,000
Vulcan Monument......................................... 2,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. $17,005,000
The managers have included $750,000 for the Denver
Natural History and Science Museum, $500,000 for the St.
Charles Interpretive Center, and $750,000 for Mandan-on-a-Slant
Village. This completes the Federal commitment to these
projects.
URBAN PARK AND RECREATION FUND
The conference agreement provides $30,000,000 for the
urban park and recreation fund as proposed by the House instead
of $20,000,000 as proposed by the Senate. This program is
funded under the conservation spending initiative.
HISTORIC PRESERVATION FUND
The conference agreement provides $74,500,000 for the
historic preservation fund instead of $77,000,000 as proposed
by the House and $74,000,000 as proposed by the Senate. The
change to the House is a reduction of $2,500,000 for a grant to
the National Trust for Historic Preservation for its historic
sites program.
Included in the total is $30,000,000 to continue the Save
America's Treasures program. Save America's Treasures funds are
subject to a fifty percent cost share, and no single project
may receive more than one grant from this program. A total of
$15,000,000 is provided for competitive grants and the
remaining $15,000,000 is to be distributed as follows:
Project/State Amount
1901 Pan Am Building, NY................................ $100,000
Academy of Music, Philadelphia Orchestra, PA............ 200,000
Akron Civic Theatre, OH................................. 500,000
Alaska Moving Image Preservation Association, AK........ 500,000
Amer. Air Power Museum (hangar restoration & Tuskegee
Airmen exhibits), NY................................ 200,000
Arthurdale Historic Community (restoration), WV......... 300,000
B&O Railroad/Vanadalia Corridor Restoration, WV......... 200,000
Bailly Chapel House, IN................................. 200,000
Belknap Mill, NH........................................ 250,000
Biltmore School, NC..................................... 300,000
Bishop Museum Moving Image Collection, HI............... 50,000
Camp Ouachita, AR....................................... 365,000
Charles Washington Hall, WV............................. 200,000
City Hall, Taunton, MA.................................. 250,000
Documentation of the Immigrant Experience, MN........... 250,000
Eagle Block rehabilitation, NH.......................... 250,000
Englert Theatre, Iowa City, IA.......................... 365,000
Florence Griswold Museum, Old Lyme, CT.................. 100,000
Fort Mitchell, AL....................................... 300,000
Fort Nisqually, WA...................................... 250,000
Fort Pike, LA........................................... 200,000
Franklin House, NY...................................... 100,000
Frederick Douglass Junior and Senior High School,
Huntington, WV...................................... 270,000
George Ohr Museum and Cultural Center, MS............... 425,000
Harborview (Great Lakes Historical Society), OH......... 100,000
Harrison Brothers Hardware, AL.......................... 100,000
Hegeler-Carus Mansion, IL............................... 200,000
Hill Stead Museum, CT................................... 115,000
Lewis and Clark College (artifact preservation), OR..... 400,000
Lincoln Courthouse, WI.................................. 280,000
Lincoln Historic Building, NM........................... 1,000,000
Lion House at the Bronx Zoo, NY......................... 200,000
Lloyd House, VA......................................... 125,000
Mahaiwe Theater, MA..................................... 250,000
Masonic Temple, PA...................................... 200,000
McDowell House, KY...................................... 150,000
Moss Mansion, MT........................................ 70,000
Orpheum Theatre, KS..................................... 200,000
Paducah-McCracken County River Heritage Museum, KY...... 250,000
Paul Robeson House, PA.................................. 200,000
Pawtucket Armory, RI.................................... 250,000
Peter Augustus Jay House, NY............................ 100,000
Pickens County Courthouse, AL........................... 100,000
Prairie Churches, ND.................................... 100,000
Quarry Pond Farm Barn, OH............................... 200,000
Quindaro Archaelogical Site Preservation, KS............ 200,000
Robert Mills Courthouse, Camden, SC..................... 330,000
Rose Hill Farm, VA...................................... 100,000
Scarsdale National Historic Railroad Station, NY........ 100,000
Scranton Cultural Center, PA............................ 250,000
Shreveport Oakland Cemetery, LA......................... 365,000
Sotterly Plantation (Manor House), MD................... 220,000
Squire Earick House, KY................................. 150,000
State Theatre, NY....................................... 150,000
Tinner Hill, VA......................................... 125,000
U.S. Air Force Museum (restoration of XC-99 aircraft),
OH.................................................. 200,000
University of Missouri (Audubon's ``Birds of America''),
MO.................................................. 155,000
University of South Dakota Old Women's Gym/Original
Armory, SD.......................................... 365,000
University of Vermont Morgan Horse Farm, VT............. 365,000
USS Alabama, AL......................................... 250,000
Vermont Historical Society, Spaulding Grade School,
Barre, VT........................................... 365,000
West Virginia State Museum--Civil War Regimental Flag
Collection, WV...................................... 95,000
Wooster City Schools Administrative Building, OH........ 500,000
--------------------------------------------------------
____________________________________________________
Total............................................. 15,000,000
CONSTRUCTION
The conference agreement provides $366,044,000 for
construction instead of $349,249,000 as proposed by the House
and $338,585,000 as proposed by the Senate. Of this total,
$66,851,000 is funded under the conservation spending category.
The funds are to be distributed as follows:
[In thousands of dollars]
------------------------------------------------------------------------
Project Planning Construction
------------------------------------------------------------------------
Abraham Lincoln Library, IL.................. ........... 8,000
Apostle Islands NL, WI (utility systems)..... ........... 436
Arches NP, UT (visitor center planning)...... 680 ............
Assateague Island NS, MD (upgrade water ........... 550
treatment plant)............................
Assateague Island NS, MD (Coastal Barrier 500 ............
Island Education Center environmental
assessment).................................
Big Bend NP, TX (sewer planning)............. 400 ............
Big Cypress NPres, FL (rehabilitate trails).. ........... 3,000
Blue Ridge Parkway, NC (rehabilitate/replace ........... 3,796
guardrails).................................
Blue Ridge Parkway, Fisher Peak, VA.......... ........... 1,000
Boston NHP, MA (rehabilitate Bunker Hill ........... 3,751
monument)...................................
Brown v. Board of Education NHS, KS ........... 2,475
(rehabilitate Monroe School)................
Cane River Creole NHP, LA (Oakland Plantation ........... 1,983
stabilization and preservation).............
Cape Cod NS, MA (complete Salt Pond visitor ........... 710
center).....................................
Cape Cod NS, MA (Highlands Center water, ........... 775
fire, and septic systems)...................
Cape Hatteras NS, NC (complete lighthouse ........... 1,173
relocation project).........................
Chesapeake and Ohio Canal NHP, MD (stabilize ........... 6,415
Monocacy Aqueduct)..........................
Chesapeake and Ohio Canal NHP, DC (preserve ........... 1,838
Georgetown waterfront masonry walls)........
Colonial NHP, VA (preserve Poor Potter ........... 718
archaeological site)........................
Cumberland Island NS, GA (restore chimneys).. ........... 450
Cuyahoga Valley NP, OH (rehabilitation and ........... 3,000
restoration)................................
Dayton Aviation Heritage NHP, OH (Huffman & ........... 3,100
west exhibits)..............................
Delaware Water Gap NRA, PA (planning)........ 67 ............
Denali NP&P, AK (entrance visitor facilities) ........... 7,000
Downeast Heritage Center, ME (completion).... ........... 2,000
Everglades NP, FL (modified water delivery ........... 19,199
system).....................................
Everglades NP, FL (Flamingo wastewater ........... 4,192
system).....................................
Fort McHenry NM & HS, MD (repair historic ........... 1,480
seawall)....................................
Fort Washington Park, MD (repair masonry ........... 700
wall).......................................
Franklin D. Roosevelt NHS, NY (construct FDR ........... 5,630
Library visitor center).....................
Gateway NRA, NJ (Sandy Hook access).......... ........... 2,346
Gateway NRA, NY (complete Jacob Riis Park ........... 4,130
rehabilitation).............................
Gateway NRA, NY (Jacob Riis Park natatorium 200 ............
study)......................................
George Washington Memorial Parkway, MD ........... 2,400
(complete rehabilitation of Glen Echo
facilities).................................
George Washington Memorial Parkway, VA ........... 1,562
(rehab. Arlington House, outbuildings and
grounds)....................................
Gettysburg NMP, PA (restore Cyclorama)....... ........... 2,500
Glacier NP, MT (Many Glacier Hotel emergency ........... 4,500
stabilization)..............................
Glacier NP, MT (Lake McDonald wastewater ........... 1,500
treatment)..................................
Glacier NP, MT (reconstruct Apgar District ........... 5,485
and Headquarters water system)..............
Glacier Bay NP&P, AK (construct maintenance ........... 4,233
support facility)...........................
Glen Canyon NRA, UT (Wahweap sewage system).. ........... 5,138
Golden Gate NRA, CA (Immigration Museum 450 ............
studies)....................................
Golden Gate NRA, CA (Pier 2 seismic)......... ........... 13,000
Grand Canyon NP, AZ (rehabilitate South Rim ........... 987
comfort stations)...........................
Great Basin NP, NV (visitor learning center 500 ............
planning and design)........................
Great Smoky Mountains NP, TN (replace science ........... 4,703
facilities).................................
Harpers Ferry NHP, WV (restoration and ........... 1,890
rehabilitation of train station)............
Hispanic Cultural Center, NM (construction).. ........... 1,800
Hot Springs NP, AR (rehabilitation).......... ........... 2,000
Independence NHP, PA (replace walkways)...... ........... 966
Independence NHP, PA (utilities and exhibits ........... 6,583
at 2nd Bank)................................
Jamestown NHS, VA (DCP/EIS, storage for 795 ............
collections)................................
Jean Lafitte NHP&P, LA (rehabilitate Decatur ........... 500
House & Chalmette Battlefield)..............
John Adams Presidential Memorial, DC 1,000 ............
(planning)..................................
John Day Fossil Beds NM, OR (construct ........... 8,421
paleontological center and rehabilitate
headquarters)...............................
John H. Chafee Blackstone River Valley NHC, ........... 1,000
RI & MA.....................................
Keweenaw NHP, MI (restore historic Union ........... 2,500
Building)...................................
Lava Beds NM, CA (replace visitor center).... ........... 4,131
Little Bighorn Battlefield National Indian ........... 2,300
Memorial, MT................................
Mesa Verde NP, CO (water systems)............ ........... 4,037
Mojave NPres, CA (Kelso exhibits)............ ........... 750
Morris Thomson Visitor and Native Cultural ........... 1,500
Center, AK..................................
Morristown NHP, NJ (rehabilitation).......... ........... 600
Mt. Rainier NP, WA (Guide House)............. 56 1,590
National Capital Parks-Central, DC (complete ........... 2,600
Jefferson Memorial rehabilitation)..........
National Capital Parks-Central, DC (upgrade ........... 1,562
Ford's Theater and Petersen's House)........
National Capital Parks-Central, DC (capitol ........... 950
concert canopy).............................
National Center for the American Revolution, 350 ............
PA (development concept planning)...........
National Underground Railroad Freedom Center, ........... 3,000
OH..........................................
New River Gorge NR, WV (upgrade water system) ........... 556
Niagara River & Gorge, NY (special resource 300 ............
study)......................................
Olympic NP, WA (Elwha River restoration)..... ........... 25,847
Palace of the Governors, NM (complete federal ........... 5,000
contribution to annex)......................
Petrified Forest NP, AZ (replace water line). ........... 5,929
Point Reyes NS, CA (lighthouse access, ........... 1,285
utilities)..................................
Puukohola Heiau NHS, HI (relocate maintenance ........... 837
facilities).................................
Redwood NP, CA (remove failing roads)........ ........... 2,552
Saint Croix Island IHS, ME (provide basic ........... 713
facilities).................................
Saint Croix NSR, WI (visitor center planning) 360 ............
San Francisco Maritime NHP, CA (rehabilitate ........... 4,639
C.A. Thayer)................................
Sequoia NP, CA (complete restoration of Giant ........... 1,480
Forest).....................................
Shiloh NMP Corinth Civil War Interpretive ........... 3,062
Center, MS (complete construction)..........
Southwestern Pennsylvania IHR, PA ........... 3,000
(rehabilitation)............................
Statue of Liberty NM, (Ellis Island, NJ 600 ............
seawall repair planning)....................
Stones River NB, TN (rehabilitation)......... ........... 2,900
Timucuan Ecological and Historic Reserve, FL ........... 500
(visitor access, signs and exhibits)........
Tumacacori NHP, AZ (relocate maintenance and ........... 944
administrative facilities)..................
Tuskegee Airmen NHS, AL (Moton Field 1,000 ............
rehabilitation and restoration).............
Ulysses S. Grant NHS, (restore historic ........... 5,200
structures).................................
Vancouver NHR, WA (Barracks repairs)......... ........... 1,500
Vicksburg NMP, MS (Mint Spring stabilization) ........... 920
White House, DC (structural and utility ........... 6,500
rehabilitation).............................
Wilson's Creek NB, MO (rehabilitation)....... ........... 250
Wrangell St. Elias NP&P, AK (exhibits)....... ........... 700
Yellowstone NP, WY (replace Norris water and ........... 2,008
wastewater treatment facilities)............
Yellowstone NP, WY (replace deficient ........... 7,224
collections storage & build collections
management facility)........................
--------------------------
Subtotal............................... 7,258 268,081
==========================
Grand Subtotal, planning and ........... 275,339
construction..........................
=============
Emergency and Unscheduled Projects........... ........... 3,500
Housing Replacement.......................... ........... 12,500
Dam Safety................................... ........... 2,700
Equipment Replacement........................ ........... 17,960
Construction Planning, Pre-design and ........... 25,400
Supplementary Services......................
Construction Program Management and ........... 17,405
Operations..................................
General Management Planning.................. ........... 11,240
-------------
Subtotal............................... ........... 90,705
=============
Total, NPS Construction...................... ........... 366,044
------------------------------------------------------------------------
The managers have not included the $4,972,000 for
utilities and campground replacement at Acadia National Park
because the funds cannot be obligated until 2003. However, the
managers are strongly supportive of this project and intend to
provide these funds in fiscal year 2003. The managers have
included $680,000 to initiate planning for a visitor center at
Arches National Park in Utah. The Service is directed to
complete this project for $6,800,000 including all design,
construction and exhibits. The funds provided for a memorial
commemorating President John Adams are for planning and design,
in cooperation with non-Federal partners.
The managers have included $500,000 in planning to
complete an environmental assessment for proposed visitor
education centers at Assateague Island National Seashore. The
managers are aware of proposals for two separate facilities
that would be constructed in close proximity to one another at
this location. The park has advocated for a new 7,000 square
foot Barrier Island Education Center; and the State of
Maryland, in partnership with the park, has proposed an 11,000
square foot Coastal Ecology Learning Center. The managers are
concerned about the potential duplication of efforts in these
proposed facilities, as well as both the construction and
operational costs. The preliminary cost estimate for the
proposed park facility alone is $9,500,000. The managers
strongly encourage the park and its partners to develop a
comprehensive program that addresses and prioritizes the
proposed program requirements and reduces the overall scope and
cost of the consolidated project. Combining these two efforts
into one facility will save both Federal and State resources.
The managers expect the Service to report to the House and
Senate Committees on Appropriations prior to the obligation of
any funds for construction of this project. This is not a
commitment to fund this project in the future.
Although the conference agreement contains no specific
funding for the Stiltsville project in Biscayne National Park,
as soon as the Service assumes direct responsibility for the
structures the managers expect the Service to allocate such
repair and rehabilitation funds as are necessary to maintain
properly the structures in a manner consistent with the
management policy that is adopted.
The managers have included $775,000 for the Highlands
Center in the Cape Cod National Seashore to accomplish core
utility system replacement at the closed North Truro Air Force
Station. The potable water and fire suppression systems will be
repaired and the septic facilities will be replaced to prepare
for the conversion of the station into the Highlands Center.
The Center is a cooperative effort between the National Park
Service and other public and private groups and will serve as
the focal point for environmental sciences, traditional Cape
Cod culture, and the arts for the public on Cape Cod. The total
Federal investment for infrastructure improvements will be
$2,500,000; the balance will be raised through private sources.
The managers have agreed to provide $1,000,000 towards
the construction of a music center at Fisher Peak in the Blue
Ridge Parkway. The managers direct that the $500,000 in
unobligated balances from the Fisher Peak amphitheater funding,
appropriated by the Committees in fiscal year 1998, be
reprogrammed to this project. These funds complete the National
Park Service commitment to this project.
Both the House and Senate bills included $6,000,000 for
stabilization of the Many Glacier Hotel at Glacier National
Park. The managers have agreed to reallocate $1,500,000 of
these funds to complete the wastewater treatment system at Lake
McDonald, the cost of which is higher than original estimates
due to design modifications required to comply with State and
Federal treatment requirements. The remaining $4,500,000
provided for Many Glacier stabilization are sufficient to
complete the most urgently needed repairs. The managers note
that this reallocation of funds will have no impact on the
expected ability of the Hotel to open for the 2002 season, and
will in no way enhance the concessionaire's possessory interest
in the Hotel. The managers encourage the Service to continue
working with interested parties to resolve the question of
possessory interest, and to address other issues that require
resolution in order to ensure the restoration and continued
operation of the Hotel.
The managers have included $2,000,000 for the Downeast
Heritage Center in Maine. This completes the Federal commitment
to this project. The managers have provided $700,000 for
restoration work at Fort Washington Park in Maryland. The
managers direct that the balance of the funds to complete this
project be provided from unobligated 2001 funds available to
the park.
Included in the conference report is $4,130,000 to
complete the Jacob Riis Park bathhouse facilities at Gateway
NRA in New York. The conference report includes $200,000 for a
feasibility study at Gateway NRA that should: (1) evaluate the
demand for a year-round swimming pool at Jacob Riis Park; (2)
determine the costs of constructing and operating such a
facility; (3) identify viable funding options for the project
(including concessions, third party contributions,
partnerships, leasing opportunities etc.); and (4) assess the
economic impact of alternative development sites at Riis Park.
The managers remind the Service that funding for the
feasibility study is not a commitment for future construction.
The managers have included $795,000 in planning for
improvements associated with the upcoming 400th anniversary of
the settlement at Jamestown, VA. These funds are to be used to
complete the development concept plan and environmental impact
statement initiated with funding provided in fiscal year 2001,
and to conduct planning for the proposed collections storage
building for the NPS collection and the associated access road.
None of the funds are to be used to initiate planning
associated with demolition or rehabilitation of the existing
visitor center nor with planning for any other new facilities,
which might be envisioned for Jamestown. The Service should
report to the House and Senate Committees on Appropriations by
April 1, 2002 on the private fundraising effort.
The managers have included $500,000 for the planning and
design of a visitor learning center at Great Basin National
Park, NV. The total Federal share for the center is not to
exceed $4,200,000, including the planning and design funds.
The conference report includes $1,500,000 for the
construction of the Morris Thomson Visitor and Native Cultural
Center in Alaska. It is the intent of the managers that the
National Park Service commitment to this project will not
exceed $10,000,000 including planning, construction,
furnishings and exhibits.
The managers have included $600,000 to complete planning
at Morristown NHP in New Jersey. A total of $3,200,000 will be
required in fiscal year 2003 to complete the Federal share of
this project.
Also included is $350,000 to develop a concept plan for
the National Center for the American Revolution. This funding
is not a guarantee of a future Federal commitment, and it is
the intent of the managers that the Center be mostly funded
through private sources.
The $300,000 included for a Niagara River and Gorge
special resource study is subject to authorization. The
managers have included $5,000,000 for the Palace of the
Governors. This completes the Federal commitment to this
project. The conference agreement provides $3,062,000 to
complete the Shiloh NMP visitor facility.
The conference agreement provides $1,000,000 for planning
the rehabilitation of Moton Field at the Tuskegee Airmen
National Historic Site. Before making these funds available for
obligation, the managers direct the Service to consult with the
House and Senate Committees on Appropriations in order to
define better the overall scope, cost and timing of the
project.
The managers note that the $1,500,000 appropriation for
preservation of the barracks at the Vancouver National Historic
Reserve exceeds the currently authorized amount. Further
appropriations for this project will not be considered unless
the authorization is increased.
The managers have included $250,000 to complete the
Wilson's Creek National Battlefield. This completes federal
funding for this project.
The managers direct the National Park Service to contract
with the National Academy of Public Administration to conduct a
review of how effectively the Service has implemented the
recommendations of the Academy's 1998 report on reforms to the
Service's construction program, including the Denver Service
Center operations.
The managers have consolidated the pre-design,
supplementary services, and planning activities into one
activity. The managers understand that the National Park
Service will still track spending in each of these categories
separately to ensure that the NAPA guidelines are followed.
This consolidation will not affect the planning requirements of
projects that will be worked on, but rather, contribute to the
appropriate accounting of funds in support of projects
appropriated or scheduled in the five year construction plan,
while allowing sufficient flexibility to direct funds to the
appropriate planning category.
The managers urge the NPS to include sufficient funds in
the fiscal year 2003 budget request for necessary repairs and
improvement of facilities at the Wright Brothers National
Memorial in North Carolina in preparation for the First Flight
Centennial Celebration.
Within the amount provided for Cuyahoga National Park,
the managers have provided $200,000 for a platform and station
at the south terminus of the Cuyahoga Valley Scenic Railroad.
Twenty-four miles of the railroad run through the national park
and addition of the platform and station will enhance the
experience of park visitors.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The conference agreement rescinds the contract authority
provided for fiscal year 2002 by 16 U.S.C. 460l-10a as proposed
by both the House and the Senate.
LAND ACQUISITION AND STATE ASSISTANCE
The conference agreement provides $274,117,000 for land
acquisition and State assistance instead of $261,036,000 as
proposed by the House and $287,036,000 as proposed by the
Senate. Funds should be distributed as follows:
Area (State) Amount
Adams National Historic Park (MA)....................... $2,000,000
Blue Ridge Parkway (NC/VA).............................. 1,000,000
Brandywine Battlefield (PA)............................. 1,500,000
Civil War Battlefields.................................. 11,000,000
Cumberland Gap NHP (Fern Lake) (KY/VA).................. 500,000
Cumberland Gap NHP (KY/VA).............................. 100,000
Cuyahoga Valley NP (OH)................................. 1,000,000
Dayton Aviation Heritage NHP (OH)....................... 750,000
Delaware Water Gap NRA (PA/NJ).......................... 700,000
Denali NP & P (AK)...................................... 1,200,000
Ebey's Landing NHR (WA)................................. 1,000,000
Everglades--Grant to the State of Florida............... 15,000,000
Everglades--Modified Water Delivery Project............. 16,000,000
Fort Smith NHS (AR/OK).................................. 850,000
Fort Sumter NM (SC)..................................... 1,750,000
Fort Union Trading Post NHS (ND)........................ 100,000
Fredericksburg & Spotsylvania County Battlefields
Memorial NMP (VA)................................... 2,000,000
Golden Gate NRA (Mori Point) (CA)....................... 2,500,000
Grand Teton NP (Resor Ranch) (WY)....................... 3,500,000
Great Sand Dunes NM&P (CO).............................. 2,000,000
Greenbelt Park (Jaeger Tract) (MD)...................... 1,000,000
Guilford Courthouse NMP (NC)............................ 800,000
Gulf Islands NS (Cat Island) (MS)....................... 9,000,000
Hawaii Volcanoes NP (HI)................................ 6,000,000
Ice Age NST (WI)........................................ 3,000,000
Indiana Dunes NL (IN)................................... 2,000,000
Keweenaw NHP (MI)....................................... 800,000
Lowell NHP (MA)......................................... 857,000
Mississippi NRRA (Riverview) (MN)....................... 850,000
Moccasin Bend (Rock-Tenn and Serodino tracts) (TN)...... 1,000,000
Morristown NHS (NJ)..................................... 750,000
New River Gorge NR (WV)................................. 6,800,000
Nez Perce NHP (Canoe Camp and Weippe Prairie) (ID)...... 1,500,000
Olympic NP (WA)......................................... 1,210,000
Puuhonua O Honaunau NHP (HI)............................ 500,000
Saguaro NP (AZ)......................................... 4,000,000
Sand Creek Massacre NHS (CO)............................ 800,000
Santa Monica Mtns. NRA (Upper Ramirez Canyon) (CA)...... 1,000,000
Shenandoah Valley Battlefields NHD (VA)................. 1,200,000
Sleeping Bear Dunes NL (MI)............................. 1,100,000
Timucuan Ecological and Historic Preserve (FL).......... 1,000,000
Vicksburg NMP (Pemberton HQ) (MS)....................... 500,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 110,117,000
Emergency & Hardship.................................... 4,000,000
Inholdings & Exchanges.................................. 4,000,000
Acquisition Management.................................. 12,000,000
Stateside Grants........................................ 140,000,000
Administrative Assistance to States..................... 4,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 274,117,000
The managers agree to the following revision to the
reprogramming guidelines for the National Park Service only.
Lands shall not be acquired for more than the approved
appraised value (as addressed in section 301(3) of Public Law
91-646) except for condemnations and declarations of taking and
tracts with an appraised value of $500,000 or less, unless such
acquisitions are submitted to the Committees on Appropriations
for approval in compliance with established procedures.
The managers have not provided funding for Fuez
conservation easements at the Grand Teton NP, as proposed by
the Senate. Instead, the managers have provided funding for the
Fuez conservation easements in the Forest Service land
acquisition account under the Bridger-Teton NF.
The managers have provided $1,200,000 for the acquisition
of the Weiler property at Denali NP. The National Park Service
is directed to use the Bureau of Land Management as the
appraiser of the property. The appraisal shall take into
consideration the value of surface and subsurface rights,
mineral rights, and any other development rights attendant with
the property in accordance with applicable appraisal standards.
The funds included for Cumberland Gap NHP (Fern Lake),
Moccasion Bend NHS, Puuhonua o Honaunau NHP and Vicksburg NMP
are subject to authorization.
The conference agreement provides $1,000,000 for the
Ebey's Landing National Historical Reserve. The managers direct
that this sum, together with any unexpended funds from the
fiscal year 2001 appropriation for Ebey's Landing, shall first
be used to complete the purchase of the Pratt Estate
properties. If any funds remain after the Pratt Estate
properties have been acquired by the National Park Service,
they may be used for acquisition of such other properties as
the Service finds desirable.
The funds included for Greenbelt Park are subject to a
non-Federal match.
The managers direct that $400,000 of the unobligated
$2,400,000 currently available at the Petroglyph NM be used to
conduct a boundary survey of that monument. The managers
understand that this may ultimately mean that additional funds
are required to complete acquisitions at Petroglyph NM.
administrative provisions
The managers have agreed to language contained in the
House bill, which allows the Service to convey a leasehold or
freehold interest in Cuyahoga NP, OH to allow for the
development of utilities and parking needed by Everett Church
within the national park.
United States Geological Survey
surveys, investigations, and research
The conference agreement provides $914,002,000 for
surveys, investigations, and research instead of $900,489,000
as proposed by the House and $892,474,000 as proposed by the
Senate. Within this amount, $25,000,000 is from the
conservation spending category.
Changes to the House for the national mapping programs
include increases of $3,000,000 for Landsat 5 operations,
$300,000 for the civil applications program, and $300,000 for
urban dynamics, and a decrease of $996,000 for internet access.
Changes to the House for geology programs include
increases of $1,000,000 for volcanic hazard equipment in
Shemya, Alaska, $1,500,000 for the minerals at risk program,
$500,000 for coastal erosion in North Carolina, $500,000 for
land subsidence in Louisiana, $299,000 for Lake Mead studies,
$450,000 for geologic mapping for Lake Mojave, and $474,000 for
Yukon Flats geology surveys, and a decrease of $100,000 for the
advanced seismic network.
Changes to the House for water resources include
increases of $200,000 for a Berkley Pit study in Montana,
$299,000 for the Lake Champlain toxic study, $499,000 for
Hawaiian water monitoring, $5,000 for the Southern Maryland
aquifer study, and $195,000 for the Noyes Slough study in
Alaska, and decreases of $596,000 for the National Water
Quality Assessment program, and $296,000 for water information
and delivery.
The managers concur with the House direction to contract
with the National Academy of Sciences to examine water
resources research funded by all Federal agencies and by
significant non-Federal organizations. Based on information
that the managers have received, it appears that water
resources research is not well coordinated. The managers
therefore direct that the Academy primarily consider the level
and allocation of resources that are currently deployed in
water research programs, both Federal and non-Federal, and
provide recommendations for a national research program that
maximizes the efficiency and effectiveness of existing
programs. While the primary focus of this study deals with the
existing research agenda, the managers would like an answer to
the question of whether the Nation is making an adequate level
of investment in water resources research.
Increases above the House for biological research include
$400,000 for the Leetown science center, $300,000 for the
Columbia environmental research center for pallid sturgeon
studies, $250,000 for Chesapeake Bay terrapin research,
$500,000 for a NBII Hawaii node, $180,000 for a Yukon River
chum salmon study, $500,000 for biological information
management and delivery, $50,000 for an Atlantic Salmon
restoration study at the Tunison laboratory, and $748,000 for
the continuation of the Mark Twain National Forest mining study
to be accomplished in cooperation with the water resources
division and the Forest Service.
Changes to the House for facilities include increases of
$2,000,000 for phase one of the Leetown research center
expansion, and $2,250,000 for the Center for Coastal Geology in
Florida, and decreases of $300,000 for Leetown research center
design and $898,000 for uncontrollable costs.
The funding provided for the construction of the Center
for Coastal Geology in St. Petersburg, Florida is for a
cooperative effort between the Survey and the St. Petersburg
Downtown Partnership. The Partnership is providing a two-to-one
match for the costs of constructing this science facility.
Minerals Management Service
royalty and offshore minerals management
The conference agreement provides $150,667,000 for
royalty and offshore minerals management instead of
$149,867,000 as proposed by the House and $151,933,000 as
proposed by the Senate.
Changes to the House for royalty and offshore minerals
management include increases of $800,000 for the Center for
Marine Resources, and $800,000 for the Marine Mineral
Technology Center in Alaska, and a decrease of $800,000 as a
transfer to the Inspector General for Bureau audits.
The managers have again provided $1,400,000 to the
Offshore Technology Research Center to perform research for MMS
through the cooperative agreement dated June 18, 1999.
The managers have agreed to the Senate proposed language
for the royalty-in-kind program instead of the House language.
The House language requiring that revenues be equal to or
greater than royalty-in-value as determined by the regulations
of March 15, 2000 has been dropped.
oil spill research
The conference agreement provides $6,105,000 for oil
spill research as proposed by the House instead of $6,118,000
as proposed by the Senate.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
The conference agreement provides $102,800,000 for
regulation and technology instead of $102,900,000 as proposed
by the House and $102,144,000 as proposed by the Senate.
Funding for the activities should follow the House
recommendation except that the conference agreement reduces
executive direction funding by $100,000 as proposed by the
Senate; this transfers funds for external audits to the
Inspector General's office. The Senate proposal to include
$98,000 for fixed costs is not included. An additional $275,000
is estimated to be available for use from performance bond
forfeitures.
abandoned mine reclamation fund
The conference agreement provides $203,455,000 for the
abandoned mine reclamation fund instead of $203,554,000 as
proposed by the House and $203,171,000 as proposed by the
Senate. Funding for the activities should follow the House
recommendation except that the conference agreement reduces
executive direction funding by $99,000 as proposed by the
Senate; this transfers funds for external audits to the
Inspector General's office. The Senate proposal to include
$57,000 for fixed costs is not included. The managers have also
included the House proposed bill language for minimum program
States and the Senate proposed bill language continuing
language carried in previous years dealing with certain aspects
of the State of Maryland program.
Bureau of Indian Affairs
operation of indian programs
The conference agreement provides $1,799,809,000 for the
operation of Indian programs instead of $1,790,781,000 as
proposed by the House and $1,804,322,000 as proposed by the
Senate.
There is a decrease below the House for tribal priority
allocations of $1,675,000 for self-governance compacts.
Changes to the House level for other recurring programs
include increases of $2,000,000 for tribally controlled
community colleges, $500,000 for Washington shellfish, and
$150,000 for the Nez Perce rare species program, and a decrease
of $45,000 for tribal management and development programs. None
of the funds for Washington shellfish can be used to support
access onto private lands by tribal fishers for their harvest
purposes.
Increases above the House for non-recurring programs
include $1,700,000 for the distance learning program in
Montana, $500,000 for the Cheiron Foundation physician training
program for rural and underserved education and outreach,
$500,000 for a rural Alaska fire program, $350,000 for oil and
gas permitting for the Uintah and Ouray agency, $400,000 for
the tribal guiding program in Alaska, $326,000 for Cheyenne
River Sioux prairie management, and $146,000 for Alaska legal
services.
The managers believe that the aim of the Cheiron
Foundation to utilize distance learning technology to train
physicians' assistants and nurses to serve Native American
communities is extremely promising. The managers expect the
Foundation to focus the funding provided from this account on
the aspects of the project that will bring the most benefit to
Native American students and tribal communities, while pursuing
other sources of funding to enhance the overall project.
There is an increase above the House for central office
operations of $1,000 for general administration/policy.
Increases above the House for special programs and pooled
overhead include $250,000 for enhancements to the Pomo Indian
exhibits at the Grace Hudson Museum in Ukiah, California,
$250,000 for the Alaska market access program, $509,000 for the
United Tribes Technical College, $250,000 for the United Sioux
Tribe Development Corporation, $100,000 for the Ponca Tribe
development plan, $1,200,000 for the Crownpoint Institute,
$1,000,000 for the Yuut Elitnauviate, and $1,000,000 for an
Alaska native aviation training program. The Bureau is directed
to report to the Committees regularly regarding the expenditure
of the funds provided for the native aviation training program
and development of the program, including the partners
involved, the number of pilots to be trained, out-year
financing alternatives and other pertinent information.
The managers are concerned that the Bureau has shown
little progress in addressing the land issues of the Canoncito
Band of Navajos. The managers direct the Bureau to accelerate
its efforts to open, at least, a part time office at Canoncito,
New Mexico.
construction
The conference agreement provides $357,132,000 for
construction as proposed by the House instead of $360,132,000
as proposed by the Senate. The managers have not provided
$3,000,000 for the tribal school construction demonstration
program as proposed by the Senate. The managers support the
goal of this demonstration program and have been approached by
a number of tribes regarding additional funding following the
demonstration's success in removing schools from the BIA
priority list. While budgetary constraints have forced the
managers to adopt the House proposal, the managers recommend
that the Bureau of Indian Affairs continue the demonstration
project as part of the President's fiscal year 2003 budget
request.
indian land and water claim settlements and miscellaneous payments to
indians
The conference agreement provides $60,949,000 for Indian
land and water claim settlements and miscellaneous payments to
Indians as proposed by the House and the Senate.
indian guaranteed loan program account
The conference agreement provides $4,986,000 for the
Indian guaranteed loan program as proposed by the House and the
Senate.
Departmental Offices
insular affairs
assistance to territories
The conference agreement provides $78,950,000 for
assistance to territories instead of $72,289,000 as proposed by
the House and $76,450,000 as proposed by the Senate. The
managers have agreed to Compact impact assistance funding
increases above the levels proposed by the House of $4,000,000
for Hawaii and $1,000,000 each for Guam and the Commonwealth of
the Northern Mariana Islands. The managers acknowledge the May
30, 2001, letter and report by the Secretary of the Interior
concerning compact impact and therefore the Administration is
encouraged to see that negotiations on the continuation of the
Compacts are concluded in a timely fashion and to provide for
future compact impact payments out of the available mandatory
compact payments. The managers agree that the Secretary should
ensure that representatives of Hawaii are consulted during the
upcoming Compact renegotiations process so the impact to Hawaii
of migrating citizens from the freely associated states is
appropriately considered. The conference agreement also
includes the $200,000 for a utility privatization study in the
U.S. Virgin Islands as proposed by the House, and the full
funding level and bill language proposed by the Senate for the
U.S. Virgin Islands FEMA loan repayment. The conference
agreement retains the House proposed bill language concerning
compensation for American Samoa High Court Justices and the
House proposed report language concerning potential withholding
of American Samoa operations funding.
compact of free association
The conference agreement provides $23,245,000 for the
Compact of Free Association as proposed by both the House and
the Senate.
Departmental Management
salaries and expenses
The conference agreement provides $67,741,000 for
salaries and expenses for departmental management, instead of
$55,177,000 as proposed by the House and $67,541,000 as
proposed by the Senate. Funds should be distributed as follows:
Departmental direction.................................. $12,964,000
Management and coordination............................. 24,905,000
Hearings and appeals.................................... 8,559,000
Central services........................................ 20,425,000
Bureau of Mines workers compensation/unemployment....... 888,000
--------------------------------------------------------
____________________________________________________
Total............................................. 67,741,000
The managers concur with the concerns expressed in the
Senate report regarding the capability, capacity, accuracy and
security of departmental information systems. The managers are
particularly concerned about information security weaknesses
that have been identified by both the Inspector General and the
General Accounting Office, and believe the Department should
take immediate steps to address these weaknesses. The most
efficient and effective means of improving information security
will likely be through department-wide solutions, but
individual program managers should also work in conjunction
with the Department's Chief Information Officer to develop
short and long term plans to address vulnerabilities that have
been identified. Program managers must also be held accountable
for ensuring that computer security is adequately implemented
within their areas of responsibility. Methods to establish this
accountability should include performance reviews,
administrative sanctions for non-compliance, or adjustments in
program funding if necessary.
The managers direct the Department of the Interior to
study the viability of establishing an Enterprise Management
Center to facilitate the Department's objective for budget and
performance integration using financial information technology
within the bureaus. As part of the review, the Department
should consider which bureaus might benefit from being part of
an initial pilot project. The managers expect this report to be
forwarded to the House and Senate Committees on Appropriations
by March 1, 2002.
The managers note that they have received numerous budget
requests and reprogramming requests from the Federal land
management agencies to purchase updated wireless communication
infrastructure. In light of the Federal Communication
Commission's ongoing review of spectrum allocations for
wireless technologies, and the Government Accounting Office's
current compilation of information for reports to Congress on
this subject, the managers are concerned that substantial
investments in wireless technologies may become obsolete due to
imminent policy decisions regarding spectrum reallocation. The
managers urge the agencies, whenever possible, to purchase
equipment that can be reprogrammed to meet future spectrum
allocations, and to purchase equipment that does not interfere
with current emergency radio and GPS based systems.
Office of the Solicitor
salaries and expenses
The conference agreement provides $45,000,000 for
salaries and expenses of the Office of the Solicitor as
proposed by the House instead of $44,074,000 as proposed by the
Senate. Funds should be distributed as follows:
Legal services.......................................... $37,276,000
General administration.................................. 7,724,000
--------------------------------------------------------
____________________________________________________
Total............................................. 45,000,000
Office of Inspector General
salaries and expenses
The conference agreement provides $34,302,000 as proposed
by the Senate instead of $30,490,000 as proposed by the House.
Funds should be distributed as follows:
Audit................................................... $18,680,000
Investigations.......................................... 6,763,000
Policy & Management..................................... 7,402,000
Program Integrity....................................... 1,457,000
--------------------------------------------------------
____________________________________________________
Total............................................. 34,302,000
Office of Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
The conference agreement provides $99,224,000 for Federal
trust programs as proposed by the House and Senate.
The managers wish to clarify the language included in the
House report with respect to funding for an historical
accounting. The managers note that both the House and Senate
have provided the funds requested by the Administration for an
historical accounting. However, the managers remain very
concerned about the costs associated with such an accounting.
Therefore, these funds may not be allocated prior to the report
requested by the Committees detailing the methods and costs
associated with an historical accounting.
The managers reiterate the position that they will not
appropriate hundreds of millions of dollars for an historical
accounting that provides funds for a protracted reconciliation
process whose outcome is unlikely to be successful. If the
Department, working with the plaintiffs and the Court, cannot
find a cost effective method for an historical accounting, the
Congress may have to consider a legislative remedy to resolve
this and other litigation related issues.
INDIAN LAND CONSOLIDATION
The conference agreement provides $10,980,000 for Indian
land consolidation programs as proposed by the House and the
Senate.
Natural Resource Damage Assessment and Restoration
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The conference agreement provides $5,497,000 for the
natural resource damage assessment fund as proposed by the
House instead of $5,872,000 as proposed by the Senate. The
managers agree that, to the extent a national data management
system is needed, funding for such a system should be addressed
within the context of the fiscal year 2003 budget.
General Provisions, Department of the Interior
The conference agreement includes sections 101, 103
through 106, and 108 through 111, which were identical in both
the House and the Senate bills.
The conference agreement includes sections 113, 115, 116,
118, 121, 122, 123, 124, 125, and 126, which contained
identical text in both the House and Senate bills, but the
section numbers were different in the Senate bill.
Section 102 retains the text of section 102 as proposed
by the Senate. Section 102 as proposed by the House had
identical language as the Senate except for a grammatical
difference of not spelling out ``thirty days''.
Section 107 retains the text of Senate section 107, which
prohibits the Department of the Interior from using funds to
conduct offshore preleasing, leasing and related activities in
those areas under the June 12, 1998, moratorium. House section
107 had identical language except for omitting the term
``preleasing''.
Section 112 retains the language of House section 112
that prohibits the National Park Service from developing a
reduced entrance fee program to accommodate non-local travel
through a unit of the Park system. The Senate had no similar
provision.
Section 114 modifies language proposed by the House and
by the Senate (in section 113 of the Senate bill) dealing with
grazing on BLM lands. The modification extends traditional
grazing use on Federal lands managed by the National Park
Service at Lake Roosevelt National Recreation Area in eastern
Washington.
Section 117 retains the language of House section 117
continuing a provision carried in previous years placing a
limitation on establishment of a Kankakee NWR in Indiana and
Illinois that is inconsistent with the U.S. Army Corp of
Engineers' efforts to control flooding and siltation. The
Senate had no similar provision. The managers understand that
this issue will be resolved shortly and this provision will not
be carried in future years.
Section 119 retains the text of House section 119, which
provides for the protection of lands at Huron Cemetery, KS.
Section 117 as proposed by the Senate has identical text, with
the exception of a difference in the use of punctuation.
Section 120 retains the text of section 120 as proposed
by the House which continues a provision carried last year
prohibiting the study or implementation of a plan to drain Lake
Powell, or to reduce the water below that required to operate
Glen Canyon Dam. The Senate had no similar provision.
Section 127 retains the text of section 124 as proposed
by the Senate, which authorizes the Secretary of the Interior
to use helicopters or motor vehicles to capture and transport
horses and burros at the Sheldon and Hart NWRs. The House had
no similar provision.
Section 128 modifies the text of section 126 as proposed
by the Senate clarifying that the lands taken into trust for
the Lytton Rancheria of California are still subject to all of
the provisions of Public Law 100-497 and, in particular with
respect to Class III gaming, the compact provisions of section
2710(d) or any relevant Class III gaming procedures. The
managers further recognize that nothing in section 819 of
Public Law 106-568 should be construed as permitting off
reservation gaming by Indian tribes except in compliance with
all relevant provisions of Public Law 100-497.
Section 129 retains the text of section 127 as proposed
by the Senate, which renames Moore's Landing at the Cape Romain
NWR in South Carolina as ``Garris Landing.'' The House had no
similar provision.
Section 130 makes technical modifications to language
proposed by the Senate in section 130 regarding cruise ship
entries at Glacier Bay National Park and Preserve.
Section 131 retains the text of Senate section 131, which
prevents the use of funds for the transfer of land on South Fox
Island, Michigan without Congressional approval. The House had
no similar provision. This section allows the Department of the
Interior to continue working on processes pursuant to NEPA,
including preparation of an EIS on the proposed land exchange,
analysis of the State's proposal and a range of alternatives,
and consideration of public input. Absent a showing that the
agencies have not complied with NEPA, the managers, at this
time, do not intend to include this or similar restrictions
next year. This language affects current regulatory and legal
processes, which are sufficient to protect the environment and
the public's interests, by unnecessarily preventing the U.S.
Fish and Wildlife Service and the National Park Service from
releasing a record of decision on the proposed land exchange
until Congress passes a law authorizing the exchange.
Section 132 includes language, agreed to in previous
years, authorizing the transfer of Federal land acquisition
funds for Brandywine Battlefield, Mississippi National River
and Recreational Area, Shenandoah Valley National Historic
District, and Ice Age National Scenic Trail.
Section 133 makes a technical change to Public Law 106-
568 regarding land transfer boundaries.
Section 134 clarifies that the Secretary of the Interior
has the authority to determine whether Indian lands constitute
a reservation. Nothing in this section shall be construed to
permit gaming on the lands described in section 123 of Public
Law 106-291.
Section 135 makes a technical correction to the Black
Rock Desert-High Rock Canyon Emigrant Trails National
Conservation Area Act, Public Law 106-554.
The conference agreement does not include language
proposed by the Senate in section 125 permitting the transfer
of funds between State grant programs managed by the U.S. Fish
and Wildlife Service and the National Park Service.
The conference agreement does not include the text of
Senate section 128, which prevents the use of funds for mineral
leasing and related activities in national monuments. This
issue is addressed in Title III where the House language
addressing this issue is retained.
The conference agreement does not include language
proposed by the Senate in section 129 that would have expanded
the special resource study area for Loess Hills in Iowa, or in
section 132 dealing with the Pechanga Band of Indians, or in
section 133 regarding Coastal Impact Assistance.
TITLE II--RELATED AGENCIES
Department of Agriculture
Forest Service
FOREST AND RANGELAND RESEARCH
The conference agreement provides $241,304,000 for forest
and rangeland research instead of $236,979,000 as proposed by
the House and $242,822,000 as proposed by the Senate. Changes
from the House bill include $475,000 for the Forest Products
Lab lumber salvage research, WI, $500,000 for the Center for
Bottomlands research, MS, $175,000 for applied research in the
hardwood region of Pennsylvania and nearby areas, and
$4,000,000 for Forest Inventory and Analysis (FIA). The
conference agreement does not include the House proposed
increase of $1,250,000 above the request for FIA and the
managers agree that the Forest Service should not follow the
House report instructions concerning the FIA program under this
heading or under the national forest system heading. The
conference agreement does not include the Senate proposal to
add funds for fixed costs but it does include the Senate
proposed general reduction below the House of $175,000. The
conference agreement includes the House proposed increases for
Bent Creek, NC, urban forestry research at Syracuse, NY, and
Davis, CA, and Coweeta watershed research, NC. The conference
agreement provides that the Northeastern States Research
Cooperative, as authorized in Public Law 105-185, receive
$2,000,000, $600,000 above the request. Of this amount,
$1,000,000 should go to ecosystem research at the Hubbard Brook
Project of the Forest Service Northeastern research station,
NH, and $1,000,000 should go to the Vermont George Aiken School
of Natural Resources for collaborative research with Forest
Service scientists and other cooperators on economic
development, forest management, and forest product research.
The managers direct the Forest Service to maintain the research
related presence at the former Intermountain Research Station
at, or above, the current level, including the position of
Assistant Station Director.
STATE AND PRIVATE FORESTRY
The conference agreement provides $291,221,000 for State
and private forestry instead of $277,771,000 as proposed by the
House and $287,331,000 as proposed by the Senate. These funds
include $101,000,000 within the conservation spending category
for forest legacy, and urban and community forestry as proposed
by the Senate instead of $104,000,000 as proposed by the House.
The conference agreement provides $43,304,000 for Federal
lands forest health management as proposed by the House,
$25,000,000 for cooperative lands forest health management as
proposed by the Senate, $25,310,000 for State fire assistance
as proposed by the House, and $5,053,000 for volunteer fire
assistance as proposed by both the House and the Senate. The
conference agreement also includes additional funds for State
fire and volunteer fire assistance as part of the national fire
plan funding within the wildland fire management account.
The conference agreement includes $33,171,000 for forest
stewardship instead of $32,941,000 as proposed by the House and
$33,268,000 as proposed by the Senate. The only change from the
House proposal for forest stewardship is the addition of
$230,000 for the Chesapeake Bay program as proposed by the
Senate. The conference agreement also includes $3,000,000 for
the stewardship incentives program instead of $8,000,000 as
proposed by the House. This allocation is not derived from the
conservation spending category as proposed by the House. The
managers direct the Forest Service to target the stewardship
incentives program funds for non-Federal forestlands impacted
by, or at immediate risk from, major forest pests such as gypsy
moth and the southern pine beetle. The managers intend the
stewardship incentives program to be administered by the Forest
Service with cost-share payments to landowners to be provided
by the State foresters or an equivalent State official.
The conference agreement includes $65,000,000 for the
forest legacy program as proposed by the Senate instead of
$60,000,000 as proposed by the House. This allocation is
derived from the conservation spending category. The conference
agreement provides specific funding levels for high priority
projects and also provides $22,135,000 for the Forest Service
to allocate to other projects and to cover the costs of Forest
Service technical assistance, program administration, and State
needs assessments and planning. The conference agreement has
modified bill language proposed by the House and the Senate
concerning approval of the Forest Service project selection.
The conference agreement now requires the Forest Service to
notify the House and Senate Committees on Appropriations in
advance of undertaking specific forest legacy projects. The
managers note the recent revision to the Puerto Rico forest
legacy program standards and accordingly direct the Forest
Service not to follow the House direction concerning this
program in Puerto Rico. The conference agreement includes the
following distribution of funds for the forest legacy program:
Project/State Conference
Adirondack Lakes, NY.................................... $2,000,000
Anderson-Tully, TN...................................... 3,500,000
Bar-J tract, phase III, UT.............................. 780,000
Castle Rock, UT......................................... 1,000,000
Catawba-Wateree Forest, SC.............................. 2,950,000
Chateaugay, VT.......................................... 500,000
Coastal Forest ecosystem restoration, SC................ 650,000
Connecticut Lakes, NH................................... 3,600,000
Howe Creek Ranch, CA.................................... 500,000
Kimball Pond, NH........................................ 700,000
McCandless Ranch, HI.................................... 1,000,000
Melvin Valley, NH....................................... 500,000
Mt. Washington, Hi-Rock Camp, MA........................ 500,000
Nanejoy, MD............................................. 450,000
NJ Highlands, Newark watershed, NJ...................... 5,000,000
North Chickamauga, TN................................... 500,000
NY City watershed, NY................................... 500,000
Range Creek Headwaters, UT.............................. 500,000
Thompson-Fisher phase II, MT............................ 7,000,000
TN River Gorge, Cummings Cove, TN....................... 1,000,000
TN small projects, TN................................... 135,000
Tomahawk Northwoods phase II, WI........................ 4,000,000
Treetops, CT............................................ 1,000,000
Tumbledown/Mt. Blue, ME................................. 600,000
West Branch phase II, ME................................ 4,000,000
--------------------------------------------------------
____________________________________________________
Project subtotal.................................. 42,865,000
Unallocated projects & administration................... 22,135,000
--------------------------------------------------------
____________________________________________________
Total Forest Legacy................................. 65,000,000
The conference agreement includes $36,000,000 for the
urban and community forestry program as proposed by both the
House and the Senate. This allocation is derived from the
conservation spending category. The managers agree to the House
proposal for this activity plus $50,000 for the West Virginia
partnership coordinator, $350,000 for the Chicago, IL
wilderness program, and $200,000 for the Cook County forest
preserve, IL. The managers agree to the Senate proposed
$600,000 general decrease. The managers are aware of
Treepeople's proposed Center for Community Forestry in Los
Angeles, CA, and its value as a national resource. The managers
encourage the Forest Service to consider supporting this
important urban forestry program. The managers encourage the
Forest Service to participate in developing living memorials
using trees, that will recognize the tragic losses that
occurred on September 11, 2001 in New York City, the Pentagon
area, and southwest Pennsylvania.
The conference agreement includes the following
distribution of funds for the economic action programs:
Program or project Conference
Economic Recovery program:..............................
Economic recovery base program...................... $3,685,000
Overhill regional economic development, TN.......... 200,000
Graham & Swain Counties, NC......................... 75,000
--------------------------------------------------------
____________________________________________________
Total economic recovery......................... 3,960,000
========================================================
____________________________________________________
Rural development program:
Rural development base program...................... 2,400,000
NE & Midwest allocation............................. 2,500,000
N Rockies Heritage Center, MT....................... 350,000
Four Corners Sustainable Forestry................... 1,000,000
Hawaii forestry initiative.......................... 200,000
NY City watershed rural development................. 300,000
NY City watershed enhancement....................... 500,000
Kiski Basin economic development, PA................ 200,000
--------------------------------------------------------
____________________________________________________
Total rural development......................... 7,450,000
========================================================
____________________________________________________
Forest products conservation & recycling program........ 1,300,000
Small diameter initiative............................... 2,000,000
Wood in transportation program.......................... 1,920,000
========================================================
____________________________________________________
Programs total.................................... 16,630,000
========================================================
____________________________________________________
Special projects:
Wood Education & Resource Center, WV................ 2,700,000
Lake Tahoe erosion control grants, CA, NV........... 3,500,000
Cradle of forestry conservation education, NC....... 250,000
KY mine waste reforestation......................... 1,000,000
Envir. Sci. & Public Policy Research Inst., ID...... 250,000
Kake Land Exchange, AK.............................. 4,500,000
Ketchikan Public Utilities, right-of-way clear, AK.. 2,500,000
Kilns in SE and SC Alaska........................... 2,000,000
Navaho County, AZ biomass energy.................... 350,000
Tillamook State Forest Interpretive Center, OR...... 500,000
South Lake Tahoe MTBE study......................... 500,000
Cordova visitor center, AK.......................... 300,000
Allegheny NF area tourism, PA....................... 200,000
State of Alaska expedited envir. studies............ 500,000
--------------------------------------------------------
____________________________________________________
Total special projects............................ 18,850,000
========================================================
____________________________________________________
Total Economic Action Programs.................. 35,680,000
The conference agreement includes the bill language
proposed by the Senate concerning a direct lump sum payment to
the Kake Tribal Corporation, AK, but the funding total is
$4,500,000. The managers understand that this is the final year
of funding for kilns in Alaska. The Forest Service shall follow
Senate instructions concerning the distribution of funds for
the Ketchikan public utilities right-of-way clearing project.
The managers have provided $500,000 for the Tahoe Regional
Planning Authority and the South Lake Tahoe public utility to
conduct the study of MTBE contamination authorized in the Lake
Tahoe Restoration Act. The managers stress that subsequent
funding to remedy this MTBE problem is not authorized by that
Act and must come from sources other than Interior and related
agencies appropriations acts, such as within the Environmental
Protection Agency funding. The Cradle of Forestry conservation
education funds include $100,000 for activities at the Cradle
of Forestry in America in the Pisgah National Forest and
$150,000 for the Education and Research Consortium of North
Carolina to continue its cooperative environmental education
activities with the Cradle of Forestry in the Pisgah National
Forest.
The conference agreement includes $9,425,000 for Pacific
Northwest Assistance instead of $9,200,000 as proposed by the
House and $9,625,000 as proposed by the Senate. This funding
includes House-proposed allocations plus an additional $225,000
for the base program. The conference agreement includes
$5,015,000 for forest resource information and analysis as
proposed by the Senate; the Forest Service should follow Senate
directions concerning this program. The conference agreement
also includes $5,263,000 for the international forestry
program.
national forest system
The conference agreement provides $1,331,439,000 for the
National forest system instead of $1,320,445,000 as proposed by
the House and $1,324,491,000 as proposed by the Senate. Funds
should be distributed as follows:
Land management planning................................ $70,358,000
Inventory and monitoring................................ 173,266,000
Recreation, heritage & wilderness....................... 245,500,000
Wildlife & fish habitat management...................... 131,847,000
Grazing management...................................... 34,775,000
Forest products......................................... 266,340,000
Vegetation & watershed management....................... 190,113,000
Minerals and geology management......................... 48,956,000
Landownership management................................ 88,434,000
Law enforcement operations.............................. 79,000,000
Valles Caldera National Preserve, NM.................... 2,800,000
--------------------------------------------------------
____________________________________________________
Total............................................. 1,331,439,000
The following discussion describes funding changes from
the House passed bill. The inventory and monitoring activity
does not include the funding for the Lake Tahoe basin watershed
assessment. The wildlife and fish habitat management activity
does not include any funds, as proposed by the Senate, for the
State of Alaska to conduct monitoring on the Tongass National
Forest. The recreation, heritage and wilderness activity has a
general program increase of $3,500,000 and it does not include
a special allocation for the fee demo program revolving
account, although this could be pursued at agency discretion.
Funds for national scenic trails operations and Pacific Crest
Trail maintenance are not included in the recreation activity
but have been transferred to the capital improvement and
maintenance appropriation account. Wildlife and fish habitat
management includes $200,000 for work on the Batten Kill River,
VT as proposed by the Senate and a general program reduction of
$400,000. The grazing management activity is funded at the
Senate proposed level. Changes from the House in the vegetation
and watershed management activity include, for the Lake Tahoe
basin, increases of $150,000 for watershed improvement
activities, $400,000 for adaptive management, and $450,000 for
the management of urban lots. The managers allow the Forest
Service, upon notification of the House and Senate Committees
on Appropriations, to reprogram national forest system funds
within the Lake Tahoe basin.
The conference agreement also includes $200,000 for
Dakota Prairie grasslands weed control. The Forest Service
should maintain the noxious weed program at the Okanogan
National Forest, WA, at $300,000 as in fiscal year 2001. The
managers revise the House direction concerning the full time
lands team working on the Pacific Crest Trail to direct the
full time team to continue its functions but allow work on
other high priority land projects as well as the Pacific Crest
Trail. Funding for the law enforcement activity includes a
general increase of $2,000,000. The managers have not agreed to
the Senate proposal to provide $200,000 for the Southwest
strategy. The managers direct the report required by both the
House and the Senate concerning the budget formulation and
execution system be due March 15, 2002.
The managers direct the Forest Service, in their
completion of the Chugach National Forest and land resource
management plan, to analyze the impact that restrictions
proposed within the plan regarding mechanical fuel treatments
and forest access will have on the level of prescribed burning
and the implementation of the national fire plan on the Chugach
National Forest. The managers direct that this analysis be
completed before the release of the Chugach forest plan and
that it shall be included in the plan.
The managers understand that the budget request for land
management planning included $2,500,000 for the Chippewa and
Superior National Forests, MN, to continue work on forest
plans. The managers expect such funds shall be used to continue
work in an expeditious manner.
Funding for the newly established Valles Caldera National
Preserve, NM, is increased by $1,789,000 above the House level;
much of this increase is for one-time infrastructure
improvements to facilitate public access to this unique part of
the national forest system. The managers expect the Valles
Caldera directors to use these funds efficiently; they should
begin the revenue generating activities authorized for this
area and submit to the House and Senate Committees on
Appropriations a plan and schedule, including cost estimates,
for its management that is consistent with National funding
priorities. The conference agreement does not include the
general reduction to the national forest system account adopted
in House floor action.
The managers have revised House report language
concerning the management of urban lots in the Lake Tahoe
basin. The managers note that the Forest Service faces
significant challenges in order to manage and care for urban
properties. The intensive effort required for management of
these properties must be evaluated in light of the need for the
agency to manage the large portions of the basin under its
jurisdiction. The managers request that the Forest Service
report to the House and Senate Committees on Appropriations no
later than October 1, 2003 on the adaptive management practices
that are suitable for urban lots acquired under the Santini-
Burton program in the Lake Tahoe basin, and make
recommendations as to those practices that are most effective
in meeting the goals of the Lake Tahoe Restoration Act (P.L.
106-506). The managers expect that this analysis will consider
the role and function of urban lots relative to water quality
and watershed protection, biological diversity, recreation,
public access, and forest vegetation management for wildfire
control. The managers expect the Forest Service and partners in
the basin to evaluate alternatives to continued urban lot
purchases and to develop alternative methods of managing
Federal urban lots, and to implement monitoring and research
regarding the function that the lots play in supporting
ecological integrity in the basin.
wildland fire management
The conference agreement provides $1,560,349,000 for
wildland fire management instead of $1,402,305,000 as proposed
by the House and $1,280,594,000 as proposed by the Senate. The
managers note that this funding total includes $346,000,000 in
contingent emergency appropriations instead of $165,000,000 as
proposed by the Senate and no emergency funding proposed by the
House, and that $200,000,000 is to pay back emergency wildfire
expenditures of fiscal year 2001. This emergency funding should
be used to repay sums previously advanced for fiscal year 2001
wildfire emergencies as well as to fund various components of
the national fire plan as discussed below.
The managers believe that the full, integrated national
fire plan effort needs to be sustained in future years in order
to reduce the risks of catastrophic fire in many areas of the
Nation. The managers note that the Administration, working
along with governors and local communities, have submitted a
framework for a ten-year national fire plan. However, after
reviewing the plan, the managers are concerned that the plan
does not lay-out clear funding requirements for various aspects
of this important endeavor. Therefore, the managers direct the
Secretaries of Agriculture and the Interior to provide to the
House and Senate Committees on Appropriations by March 15,
2002, an updated fire plan that includes detailed schedules of
activities and funding requirements. The managers understand
that funding requirements for wildfire activities include
considerable year-to-year uncertainty depending on weather and
fire circumstances and therefore the managers view the funding
requirements for the national fire plan as being an iterative
process, which requires annual updates. The managers direct the
Departments of the Interior and Agriculture to continue to work
together to formulate complementary budget requests that
reflect the same principles and a similar budget organization
and submit a cross-cutting budget request to the Committees,
which covers all federal wildfire responsibilities. The
managers expect the Forest Service to emphasize the use of
cooperative agreements and grants to a wide-range of interests
to help meet the national fire plan goals and objectives on all
lands, including information compilation and analysis, public
education, and applied research. In addition, the managers
expect the agencies to seek the advice of governors, and local
and tribal government representatives in setting priorities for
fuels treatments, burned area rehabilitation, and public
outreach and education.
Wildfire preparedness
The conference agreement includes $622,618,000 for
preparedness as proposed by the Senate instead of $616,618,000
as proposed by the House. The $6,000,000 in fire technology
development included within the Senate proposal for
preparedness has been transferred to the other fire operations
activity and base funding for preparedness has been increased
accordingly. The managers reiterate the House direction
concerning the need for completed fire plans for all forest
service units and the managers direct that a schedule for this
implementation be included in the next budget request. The
managers also remain concerned about the variation in methods
by which the departments calculate wildfire fighting readiness
and how the departments plan their distribution of firefighting
resources to attain efficiency. The managers direct the
Secretaries of Agriculture and the Interior to develop and
implement a coordinated and common system for calculating
readiness which includes provisions for working with the shared
fire fighting resources of the States and other cooperators and
considers values of various resources on both Federal and other
lands.
Wildfire suppression operations
The conference agreement includes $521,321,000 for
wildfire suppression activities instead of $321,321,000
proposed by both the House and Senate. This includes
$255,321,000 for non-emergency wildfire suppression activities
instead of $321,321,000 proposed by the House and $221,321,000
as proposed by the Senate. The agreement also includes
$266,000,000 in emergency wildfire suppression funding instead
of no emergency funding proposed by the House and $100,000,000
as proposed by the Senate. The managers direct the Forest
Service to use $200,000,000 in emergency contingency funding to
repay funds advanced for emergency wildfire suppression
activities in fiscal year 2001 from other activities, trust
funds, and other appropriation accounts.
The managers are very concerned about fire fighter safety
issues in light of the tragic Thirty Mile fire in northern
Washington. The managers direct the Forest Service to continue
development and testing of a new fire shelter for the
protection and safety of fire fighters. The testing shall
include products being advanced by private industry. The Forest
Service should submit a report to the House and Senate
Committees on Appropriations on the results of these tests by
September 30, 2002.
The managers are concerned about fire suppression costs
during major incidents and therefore the Forest Service and the
Department of the Interior are directed to contract for a
thorough, independent review of wildfire suppression costs and
strategies. The Departments should equally share the cost of
the review and a preliminary report should be issued by May 31,
2002, and the final report be delivered to the House and Senate
Committees on Appropriations by September 30, 2002.
The managers note that even after enactment of this bill
the KV reforestation trust fund will lack $320,000,000, which
has not been repaid but which was advanced for emergency
wildfires during previous years. The Administration should
strive to repay these funds.
Other wildfire operations
The conference agreement includes $416,410,000 for other
fire operation activities instead of $464,366,000 as proposed
by the House and $336,655,000 as proposed by the Senate. Of
this allocation, $80,000,000 is designated as emergency funds
instead of $65,000,000 as proposed by the Senate. The
allocation of this funding is as follows:
----------------------------------------------------------------------------------------------------------------
Non-emergency Emergency Total
----------------------------------------------------------------------------------------------------------------
Hazardous Fuels................................................. $209,010,000 .............. $209,010,000
Fire Facilities................................................. 10,376,000 $10,000,000 20,376,000
Rehabilitation.................................................. 3,668,000 59,000,000 62,668,000
Research & Development.......................................... 22,265,000 5,000,000 27,265,000
Joint Fire Science.............................................. 8,000,000 .............. 8,000,000
Forest Health Management........................................ 11,974,000 .............. 11,974,000
Economic Action................................................. 12,472,000 .............. 12,472,000
State fire assistance........................................... 50,383,000 6,000,000 56,383,000
Volunteer fire assistance....................................... 8,262,000 .............. 8,262,000
-----------------------------------------------
Total other wildfire operations........................... 336,410,000 80,000,000 416,410,000
----------------------------------------------------------------------------------------------------------------
The conference agreement includes $209,010,000 for
hazardous fuels treatments as proposed by the Senate instead of
$227,010,000 as proposed by the House. The managers expect the
Forest Service to ensure that fuels treatments are accomplished
quickly and in an environmentally sound manner. In conducting
treatments, local contract personnel are to be used wherever
practical and efficient. The managers expect the agency to show
planned and actual funding and accomplishments for fuels
management activities in future budget requests to the
Congress. The managers understand that actual amounts may
differ from planned levels. The managers expect the agencies to
work closely with States and local communities in implementing
this program in an effective and efficient manner.
The managers have not included bill language proposed by
the Senate, which required that the Forest Service spend no
less than $125,000,000 on hazardous fuels reduction projects in
the wildland-urban interface. Instead, the managers expect that
the Forest Service will expend this amount, as stated in the
budget request, on projects in the wildland-urban interface. If
the agency does not attain such levels, it shall promptly
notify the House and Senate Committees on Appropriations and
provide a report explaining why the Forest Service was unable
to expend such sums. The managers continue to believe that an
emphasis on fuels reduction work in the wildland-urban
interface is critical to protecting the safety of rural
communities.
The managers have included bill language proposed by the
Senate providing that up to $15,000,000 in available funds may
be used on adjacent, non-Federal lands to reduce hazardous
fuels. The managers have not included bill language proposed by
the Senate concerning resource management and access issues on
the Chugach National Forest, AK. Instead, the managers have
included direction under the national forest system heading
regarding the upcoming Chugach National Forest plan. The
conference agreement includes the Senate proposal to provide
$5,000,000 for authorized Community Forest Restoration Act
activities. The managers have not provided Forest Service funds
for the Ecological Research Institute and its activities at Mt.
Trumbull. This issue is addressed under the Bureau of Land
Management. The conference agreement also includes hazardous
fuels funding of $16,000,000 for the Quincy Library group
activities, CA and $2,000,000 for the Lake Tahoe Basin as
indicated by the House, which is $500,000 above the request.
The managers direct the Forest Service to provide
technical assistance to the Tule River Tribal Reservation with
its ground fuels mitigation program, the acquisition of
appropriate fire suppression equipment, and the training of a
tribal hot-shot crew.
The conference agreement includes $20,376,000 for
wildfire management facilities as proposed by the Senate
instead of $38,000,000 as proposed by the House. Of these
funds, $10,000,000 are available as emergency funds.
The conference agreement includes $62,668,000 for
rehabilitation and restoration activities, including
$59,000,000 as emergency funds, instead of $81,000,000 as
proposed by the House and $3,913,000 as proposed by the Senate.
The managers have provided this funding to continue work on the
many areas impacted by the year 2000 fires as well as more
recent events. The managers direct the departments to continue
to implement the long-term program to manage and supply native
plant materials for use in various Federal land management
restoration and rehabilitation needs directed for fiscal year
2001.
The conference agreement includes $27,265,000 for
research and development activities as proposed by the House;
$5,000,000 of these funds are designated for emergency needs.
The research and development allocation consolidates funds,
which were requested within both the preparedness and fire
operations activities. It is vital that activities related to
wildfire management and natural resource management have a firm
scientific basis. To this end, the managers have also included
$8,000,000 for the joint fire science program as proposed by
the House instead of $4,000,000 as proposed by the Senate. The
joint fire program is matched with similar funding within the
Department of the Interior and this program should continue the
direction it has taken in fiscal year 2001. The managers have
designated $1,000,000 within the available, non-emergency
research and development funds for cooperative research and
technology development for the University of Montana National
Center for Landscape Fire Analysis. This replaces designations
for this project in the House and Senate recommended bills.
The managers note that devastating windstorms have caused
great damage on the Superior and Chippewa National Forests, MN.
The budget request for wildland fire management included
$8,000,000 to continue efforts to reduce the fuels
accumulation, continue reforestation, and rehabilitate the
wilderness and non-wilderness areas of these forests. The
managers expect the scheduled work to be completed
expeditiously with these funds.
The managers have included $56,383,000 for State fire
assistance instead of $50,383,000 as proposed by both the House
and the Senate. Of this total, $6,000,000 is designated as
emergency funds and this total includes $5,000,000 for
hazardous fuels work in Anchorage, AK instead of $6,000,000 as
proposed by the Senate, and $1,000,000 to continue hazardous
fuels work in the Kenai Borough, AK, as proposed by the Senate.
The Forest Service should follow Senate direction concerning
the distribution of these funds. State fire assistance includes
support for the FIREWISE program and the use of cost share
incentives. The conference agreement includes $12,472,000 for
economic action activities associated with the national fire
plan as proposed by both the House and the Senate. The managers
note that the State and private forestry appropriation includes
funds for the small diameter initiative so the House
instructions concerning this project need not be followed.
capital improvement and maintenance
The conference agreement provides $546,188,000 for
capital improvement and maintenance instead of $535,513,000 as
proposed by the House and $541,286,000 as proposed by the
Senate. This funding includes $61,000,000 as recommended by the
Senate for priority deferred maintenance and infrastructure
improvement within the conservation spending category. The
conference agreement provides for the following distribution of
funds:
Activity or project Conference
Facilities:
Maintenance......................................... $93,926,000
Capital improvement................................. 70,678,000
Congressional priorities:
Allegheny NF campgrounds, PA.................... 900,000
Allegheny NF Marienville RS, PA................. 975,000
Big Bear center, CA............................. 1,000,000
Cherokee NF recreation projects, TN............. 1,000,000
Cradle of Forestry volunteer facilities, NC..... 1,165,000
Franklin County Lake, MS........................ 1,400,000
Francis Marion NF, SC........................... 100,000
Gladie Creek center, KY......................... 718,000
Grey Towers NHS, PA............................. 500,000
Hardwood Tree Improvement & Regeneration Center
at Purdue, IN................................. 500,000
Inst. of Pacific Islands Forestry, HI........... 2,000,000
Lake Tahoe, restrooms & Tallic rehab............ 115,000
Midewin Nat. Tallgrass Prairie horticulture
building, IL.................................. 450,000
Mitchell Mill, Ozark NF AR...................... 350,000
Monongahela NF sanitation, WV................... 440,000
Mt. Tabor work center, VT....................... 650,000
Nantahala NF recreation projects, NC............ 850,000
Rapid City research lab, SD..................... 2,558,000
Timberline Lodge ADA rehab, OR.................. 1,240,000
Tuckerman Ravine, NH............................ 330,000
Waldo Lake rehab, OR............................ 500,000
Wayne NF SO, OH................................. 1,000,000
Wayne NF facilities improvements, OH............ 1,000,000
Winding Stair Mtn. NRA, OK...................... 1,102,000
--------------------------------------------------------
____________________________________________________
Total Congressional priorities.................... 20,843,000
========================================================
____________________________________________________
Total Facilities.................................. 185,447,000
Roads:
Maintenance......................................... 159,291,000
Capital improvement................................. 67,600,000
Congressional priorities:
Franklin County Lake, MS........................ 600,000
Lake Tahoe, Eagle Falls rehab................... 455,000
Lake Tahoe roads................................ 800,000
Monongahela NF, WV.............................. 920,000
--------------------------------------------------------
____________________________________________________
Total Congressional priorities.................... 2,775,000
========================================================
____________________________________________________
Total Roads....................................... 229,666,000
Trails:
Maintenance......................................... 40,434,000
Capital improvement................................. 26,955,000
Congressional priorities:
Continental Divide Trail........................ 1,000,000
FL National Scenic Trail........................ 500,000
Pinhoti Trail, GA............................... 186,000
National Scenic trails maintenance add-on....... 800,000
Pacific Crest Trail maintenance................. 200,000
--------------------------------------------------------
____________________________________________________
Total Congressional priorities.................... 2,686,000
========================================================
____________________________________________________
Total Trails...................................... 70,075,000
========================================================
____________________________________________________
Total Capital Improvement and Maintenance......... 485,188,000
Infrastructure improvement, conservation category..... 61,000,000
--------------------------------------------------------
____________________________________________________
Total with conservation category.................. 546,188,000
The conference agreement includes bill language proposed
by the Senate concerning a fiscal year 2001 appropriation for
improvements at the Hardwood Tree Improvement and Regeneration
Center at Purdue University, IN, and language transferring a
fiscal year 2001 appropriation for certain recreational
facilities near the Allegheny National Forest, PA.
The managers concur with the Senate in providing
$2,558,000 for the design, planning, and acquisition of
property to support the efficient collocation of the Mystic
Ranger District and the Rapid City Research Laboratory in South
Dakota. The managers have also included $500,000 for the
Hardwood Tree Improvement and Regeneration Center (HTIRC) at
Purdue University, IN. The managers emphasize that construction
of other facilities on the Black Hills National Forest and
further Federal funding for the Hardwood Tree Improvement and
Regeneration Center, IN, be proposed in the agency budget
justification using the normal process for ranking and
prioritizing facility needs. The Forest Service should submit
reports detailing all future funding needs for these two
projects no later than April 15, 2002. The conference agreement
does not provide $2,000,000 for the Pike's Peak Highway as
proposed by the Senate due to ongoing litigation directly
related to the project.
The managers encourage the Forest Service to establish a
suitable memorial for the four brave firefighters who lost
their lives July 10, 2001, at the Thirtymile fire near
Winthrop, WA.
land acquisition
The conference agreement provides $149,742,000 for land
acquisition instead of $130,877,000 as proposed by the House
and $128,877,000 as proposed by the Senate. Funds should be
distributed as follows:
Area (State) Amount
Allegheny NF (Allegheny Wild & Scenic Rivers) (PA)...... $220,000
Arapaho NF (Beaver Brook) (CO).......................... 6,600,000
Beaverhead-Deerlodge NF (Watershed, RY Timber) (MT)..... 7,000,000
Bonneville Shoreline Trail (UT)......................... 1,000,000
Bridger-Teton NF (Feuz conservation easements) (WY)..... 3,500,000
Chattahoochee NF (Mt. Yonah and Jacks River) (GA)....... 1,200,000
Chattooga W&SR/Watershed (NC/GA)........................ 3,600,000
Cheq-Nicolet NF (Wisconsin Wild Waterways) (WI)......... 2,500,000
Chippewa and Superior NF (MN Wilderness) (MN)........... 1,400,000
Cibola NF (La Madera) (NM).............................. 3,000,000
Coconino NF (Hancock Ranch) (AZ)........................ 4,000,000
Columbia River Gorge NSA (OR/WA)........................ 6,000,000
Dakota Prairie Grasslands (Griffin Ranch) (ND).......... 1,450,000
Daniel Boone NF (Red River Gorge) (KY).................. 2,037,000
Florida National Scenic Trail (FL)...................... 4,000,000
Francis Marion NF (SC).................................. 7,000,000
Gallatin NF (Greater Yellowstone Ecosystem) (MT)........ 3,500,000
Green Mtn. NF (including Prickly Hill, Blueberry Lake,
and Gomez tracts) (VT).............................. 1,250,000
Hoosier NF (Unique Areas) (IN).......................... 1,500,000
I-90 Corridor/Plum Creek (WA)........................... 4,000,000
Idaho Wilderness/W&S Rivers--Sulphur Creek Ranch (ID/MT) 2,200,000
Lake Tahoe Basin MU (High Meadows) (CA)................. 4,000,000
Lake Tahoe NF (Urban lots) (CA)......................... 2,600,000
Lewis and Clark Historic Trail (ID/MT).................. 1,500,000
Los Padres NF (Big Sur Ecosystem) (CA).................. 7,660,000
Mark Twain NF (Ozark Mtn. Streams & Rivers) (MO)........ 1,500,000
Midewin NTGP (IL)....................................... 500,000
Ouchita NF (Lake Winona) (AR)........................... 1,500,000
Pacific Crest Trail (CA/WA/OR).......................... 2,000,000
Pacific Northwest Streams (Drift Creek and Davidson)
(OR)................................................ 4,250,000
Payette NF (Thunder Mtn.)............................... 1,000,000
Pisgah NF (Lake James) (NC)............................. 2,500,000
San Bernardino NF (CA).................................. 1,500,000
Santa Fe NF (Santa Fe Watershed) (NM)................... 1,750,000
Sawtooth NF (easements--Sawtooth NRA) (ID).............. 5,000,000
St. Francis NF (Stumpy Point, Anderson Tulley) (AR)..... 1,500,000
Sumter NF (Broad River Corridor) (SC)................... 1,500,000
Swan Valley Conservation Project (MT)................... 7,000,000
Tahoe NF (North Fork Am. River) (CA).................... 1,700,000
Tongass NF, Admiralty NM (Favorite Bay, Mental Health
Lands) (AK)......................................... 5,225,000
Uncompahgre NF (Red Mountain) (CO)...................... 4,600,000
Wayne NF (OH)........................................... 1,000,000
White Mtn. NF (Jericho Lake) (NH)....................... 2,000,000
White Mtn. NF (NH)...................................... 1,500,000
Wild and Scenic Rivers PNW (Skagit River) (WA).......... 2,000,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 132,242,000
Wilderness Protection................................... 1,000,000
Critical Inholdings, Opportunities...................... 2,000,000
Cash Equalization....................................... 1,500,000
Acquisition Management.................................. 13,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 149,742,000
The managers direct the Forest Service to continue its
ongoing work to implement an acquisition program for the
Pacific Crest Trail as rapidly as possible, utilizing
assistance from the National Park Service, if desirable.
Acquisition efforts should focus on properties where access and
public service needs are the greatest. A progress report should
be submitted to the House and Senate Committees on
Appropriations no later than March 1, 2002.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The conference agreement provides $1,069,000 for the
acquisition of lands for national forests special acts as
recommended by both the House and the Senate.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The conference agreement provides an indefinite
appropriation estimated to be $234,000 for the acquisition of
lands to complete land exchanges as proposed by both the House
and the Senate.
RANGE BETTERMENT FUND
The conference agreement provides an indefinite
appropriation estimated to be $3,290,000 for the range
betterment fund as proposed by both the House and the Senate.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The conference agreement provides $92,000 for gifts,
donations and bequests for forest and rangeland research as
proposed by both the House and the Senate.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The conference agreement provides $5,488,000 for
management of national forest system lands for subsistence uses
in Alaska as proposed by both the House and the Senate.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
The managers have modified bill language proposed by the
Senate concerning the use of funds for land exchanges and have
included language recommended by the Senate allowing the Forest
Service to transfer any funds available to the Forest Service
to the wildland fire management account during wildfire
emergencies. The conference agreement also includes the House
language prohibiting transfers to the USDA working capital
funds in excess of the fiscal year 2000 level without advance
approval from the House and Senate Committees on
Appropriations. The managers have included the Senate proposed
funding level for the administrative funds of the National
Forest Foundation and the managers have included language
expanding the National Forest Foundation board of directors.
The conference agreement includes the House proposed bill
language concerning the National Fish and Wildlife Foundation.
The managers have not included the House proposed bill language
concerning the use and reimbursement of detailees who are used
for more than 30 days. Instead, the managers direct the
Secretary to provide written notification to the House and
Senate Committees on Appropriations of any employee to be
detailed or assigned from an agency or office funded by this
Act to any other agency or office of the Department for more
than 60 days if the receiving office is not going to reimburse
the donor office for detailee time in excess of 60 days. Such
notification should include the name of the employee to be
detailed, the location of the detail, the estimated length of
the detail, and a justification for the work to be performed
during the detail.
The managers have agreed to revise instructions proposed
by the House regarding the management of trust funds. In place
of items numbered two and three in the House report, the
managers agree to the following: (1) the Forest Service is
directed to submit a detailed display in all future budget
justifications of the anticipated program of work for these
funds; (2) the plan shall provide sufficient detail to explain
and justify the program of work and expected accomplishments in
each region; and (3) the plan shall contain a full explanation
of how planned improvement activities contribute to an
integrated approach to forest management in conjunction with
activities planned to be accomplished with discretionary funds.
Department of Energy
CLEAN COAL TECHNOLOGY
(DEFERRAL)
The conference agreement provides for the deferral of
$40,000,000 in previously appropriated funds for the clean coal
technology program. These funds will become available on
October 1, 2002, to complete the remaining projects in this
program.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $616,490,000 for fossil
energy research and development instead of $579,000,000 as
proposed by the House and $604,090,000 as proposed by the
Senate. Of the amount provided, $33,700,000 is derived by
transfer from previous clean coal technology appropriations as
proposed by the Senate. The numerical changes described below
are to the House recommended level.
There is a decrease of $33,700,000 for the clean coal
power initiative, which reflects the transfer of previously
appropriated funds in that amount from the clean coal
technology account. This transfer should not interfere with the
timely completion of the remaining, unfinished clean coal
technology projects. The funding provided for the clean coal
power initiative in fiscal year 2002 is $150,000,000.
In the innovations for existing plants activity, there is
an increase of $1,000,000 for materials research as part of the
vision 21 program. This increase originally was proposed by the
Senate under the advanced research account. Guidance on its use
is provided below.
In advanced systems, increases include $3,000,000 for ITM
oxygen research as part of the integrated gasification combined
cycle program, $3,000,000 for vision 21 advanced combustion
systems as part of the pressurized fluidized bed program, and
$3,000,000 for syngas applications in the advanced turbine
systems program. There is also a decrease of $3,000,000 in
general program activities in the turbine program.
In distributed generation, increases include $2,000,000
for electro-chemical engineering in the advanced research
program, $2,000,000 for systems development in the molten
carbonate fuel cells program, and $6,000,000 for the solid-
state energy conversion alliance in the innovative concepts
program.
In transportation fuels and chemicals, there is an
increase of $2,000,000 for the La Porte facility in Texas. The
managers expect the Department to continue existing projects in
the ultra clean fuels program. There is also an increase of
$1,000,000 in the ultra clean fuels program for a clean diesel
fuel program at the University of Alaska.
In solid fuels and feedstocks, there is an increase of
$3,000,000 for advanced separation technology.
In advanced fuels research, there are increases of
$500,000 for C-1 chemistry and $1,700,000 in advanced concepts
for advanced products from coal, and a decrease of $1,000,000
for advanced separation technology (which is addressed above
under solid fuels and feedstocks).
In advanced research, there is an increase of $2,000,000
in the technology crosscut program for the Computational Center
of Excellence at the National Energy Technology Laboratory.
For natural gas technologies, there is an increase of
$950,000 in exploration and production for coalbed methane
water filtration research and increases in infrastructure
programs of $1,000,000 for infrastructure technology and
$1,000,000 for storage technology. There is also an increase of
$2,000,000 in emerging processing technology for the coal mine
methane program.
For oil technology, there is an increase of $3,000,000 in
exploration and production for arctic research by the Office of
Arctic Energy in Alaska and a decrease of $1,000,000 for the
Oil Prime program in advanced research. There is also a
decrease of $1,000,000 in the reservoir life extension program
for reservoir field demonstrations.
In cooperative research and development, there is an
increase of $2,240,000 for existing programs. Arctic technology
research is addressed in the oil technology program above.
In general plant projects, there is a decrease of
$900,000 in general plant projects for the National Energy
Technology Laboratory and an increase of $11,000,000 for the
first year of a 7-year program to upgrade the infrastructure at
the National Energy Technology Laboratory. This upgrade is
discussed in more detail below.
Finally, there is a decrease of $6,000,000, which
reflects the one-time use of unobligated prior year funds that
are available from a coal project that has been substantially
reworked, with resultant cost savings. This amount should be
restored to the base program in fiscal year 2003.
The managers are very supportive of the clean coal power
initiative and expect the Department to ensure that the program
is based on competitively awarded government-industry
partnerships that demonstrate technologies that can strengthen
electricity reliability for the Nation in an environmentally
clean manner. The managers agree that industry will be required
to provide at least 50 percent of each project's cost and that
all projects must use U.S. coals, which must constitute at
least 75 percent of the fuel. Further, all co-production
projects must provide at least half of their output in the form
of electricity.
The managers expect the Department to ensure that the
solicitation for proposals is open to technologies that will:
(1) reduce emissions of criteria pollutants (including mercury)
from both existing and new plants, including management of
plant byproducts; (2) improve the generation efficiencies of
existing and new plants through such technologies as coal
gasification; and/or (3) cost-effectively manage carbon
emissions.
The managers agree to the following:
1. The $1,000,000 in the innovations for existing plants
program for vision 21/materials is to accelerate the
development of advanced alloys and materials for high
efficiency, ultra-supercritical steam plants, allowing ultra-
supercritical steam conditions to be used in a variety of fuel
flexible, highly efficient, zero emission plants.
2. Available funding balances from contract closeouts may
be used without reprogramming to minimize disruptions to
ongoing research and development projects. Follow-on research
areas consistent with plans and schedules developed in
cooperation with industry partners, include ultra-supercritical
materials, computational and fuels focus areas at the National
Energy Technology Laboratory, gas-to-liquids, advanced research
on coal-based fuels, solid-state energy conversion alliance
(planar solid oxide fuel cells), vision 21/oxygen-based
combustion, Wilsonville testing, power plant sensors and
controls, carbon dioxide capture and geologic sequestration
testing, and oil and gas offshore technology.
3. There is no earmark in the syngas ceramic membrane
funding for any specific program. The available funds should be
used to continue all existing projects as equitably as
possible.
4. The distribution of the increase above the budget
request for effective environmental protection programs in the
oil technology activity should be consistent with the House
recommendation.
5. The funding for risk assessment programs under the oil
technology activity assumes that the risk based data management
system will continue to be funded at the fiscal year 2001
level.
6. Within the funds provided in oil technology for the
Office of Arctic Energy $1,000,000 is to support oxygen
transport ceramic membrane research.
7. The Department should review the fuel flexibility for
industrial boilers program developed by Pennsylvania State
University and consider incorporating follow-on work in this
area into the fiscal year 2003 budget priorities.
8. The $2,000,000 increase above the budget request for
distributed generation/vision 21 hybrids, included in both the
House and Senate recommendations, is for the tubular solid
oxide fuel cell program.
9. The increase above the budget request for the solid-
state energy conversion alliance under distributed generation/
innovative concepts is to be added to the base funding for
planar solid oxide fuel cell programs and is to be used to
continue existing projects, consistent with program plans
developed in cooperation with industry partners. The managers
understand that base funding for this program will need to be
increased substantially in fiscal year 2003 to keep this
program on schedule to meet critical program goals.
10. Of the funds provided for turbine systems, $3,000,000
is for the industry/university consortium.
11. The Department should develop a five-year plan
reorienting the turbine program to support vision 21 and
focusing on the development of a technology base to increase
fuel flexibility (including coal) and efficiency as well as
reliability, availability, and maintainability, with low
emissions and low life cycle costs. The plan should be
submitted to the House and Senate Committees on Appropriations
no later than January 15, 2002.
12. In the carbon sequestration program, the Department
should continue and expand International Utility Efficiency
Partnerships as part of the U.S. Initiative on Joint
Implementation.
The conference agreement modifies bill language proposed
by the Senate earmarking $11,000,000 for planning and design of
an infrastructure upgrade at the National Energy Technology
Laboratory. The modification provides land acquisition
authority, which the managers understand will be used on a
limited basis. This funding represents the first year of a 7-
year improvement plan for the Laboratory and the managers
expect the Department to keep this amount in the base budget
for each of the next 6 years.
The conference agreement includes bill language proposed
by the Senate deriving $33,700,000 by transfer from the clean
coal technology program to offset new budget authority in
fiscal year 2002. The managers note that this is a one-time
transfer and this amount will need to be restored to the Fossil
Energy Research and Development base budget in fiscal year
2003.
The conference agreement also modifies language to extend
the proposal submission period for the Clean Coal Power
Initiative from 90 days to 150 days and to permit the combining
of fiscal year 2002 and fiscal year 2003 funds for contract
awards made in fiscal year 2003.
alternative fuels production
(rescission)
The conference agreement provides for the rescission of
$2,000,000 in unobligated balances from the alternative fuels
production account as proposed by the Senate instead of no
rescission as proposed by the House.
naval petroleum and oil shale reserves
The conference agreement provides $17,371,000 for the
naval petroleum and oil shale reserves as proposed by both the
House and the Senate.
elk hills school lands fund
The conference agreement provides $36,000,000 to become
available on October 1, 2002, for the Elk Hills school lands
fund as proposed by the Senate instead of $36,000,000 to be
derived by transfer from unobligated balances in the clean coal
technology account as proposed by the House.
energy conservation
The conference agreement provides $912,805,000 for energy
conservation instead of $940,805,000 as proposed by the House
and $870,805,000 as proposed by the Senate. The numerical
changes described below are to the House recommended level.
In building technology assistance, there are decreases of
$19,000,000 for the weatherization assistance program and
$17,000,000 for State energy conservation grants. There is also
an increase of $1,000,000 for the energy star program.
In industries of the future/crosscutting, there is an
increase of $2,000,000 for the innovations and inventions
program.
In transportation programs, there is a general increase
of $2,000,000 in technology deployment for the clean cities
program.
In policy and management, there is an increase of
$3,000,000 for the regional support offices.
The managers agree to the following:
1. The increase in funding for the regional support
offices is to restore base funding for these important
entities. The Department should do a better job of using these
offices to manage programs and projects and should not short-
fund these offices in future budget requests while protecting
funding for headquarters offices in Washington, DC. Funding
comparisons (prior year, current year, budget year) and
activity descriptions for each regional support office should
be included in the annual budget request beginning in fiscal
year 2003. The managers encourage the Department to consider
shifting resources from headquarters to the regional support
offices.
2. Consistent with the policy of fuel neutrality, no
funds are earmarked in the Clean Cities program for increasing
E-85 fueling capacity. The managers encourage the Department to
give careful consideration to proposals that would help
increase such capacity, consistent with the goals of the Clean
Cities program.
3. Within the funds provided, the managers understand
that the Northwest Alliance for Transportation Technologies
will be funded at a higher level than in fiscal year 2001.
4. Within the transportation sector hybrid program, the
Department should continue 3 contracts through completion of
phase I of the advanced power electronics program and should
down select to 2 contracts, as planned, prior to funding the
next phase of the program.
5. Within the increase provided above the budget request
for lightweight materials technology in transportation
programs, the Department should foster research aimed at
developing lightweight composites for heavy vehicles in
conjunction with MSE, Inc.'s High Performance Materials Group.
6. The Department should report to the House and Senate
Committees on Appropriations, within twelve months of the date
of enactment of this Act, on the technical and economic
barriers to the use of fuel cells in transportation, portable
power, stationary, and distributed generation applications. The
report should include recommendations on program adjustments
based on an assessment of the technical, economic, and
infrastructure requirements needed for the commercial use of
fuel cells for stationary and transportation applications by
2012. Within six months of the date of enactment of this Act,
the Department should also provide an interim assessment that
describes preliminary findings about the need for public and
private cooperative programs to demonstrate the use of fuel
cells in commercial scale applications.
The conference agreement earmarks $275,000,000 for energy
conservation grant programs instead of $311,000,000 as proposed
by the House and $251,000,000 as proposed by the Senate. Within
the funds provided, $230,000,000 is further earmarked for
weatherization assistance grants instead of $249,000,000 as
proposed by the House and $213,000,000 as proposed by the
Senate, and $45,000,000 is earmarked for State energy
conservation grants instead of $62,000,000 as proposed by the
House and $38,000,000 as proposed by the Senate.
No statutory language on cost sharing for weatherization
grants is included in the conference agreement but the managers
strongly urge the Department to pursue actively such cost
sharing from State and local governments and other entities.
Detailed cost-sharing information (and the amount of Federal
funds provided) should be included for each State or eligible
entity in the budget submission for fiscal year 2003 and in
future submissions.
The conference agreement includes statutory language
requiring that one-half of the funding made available in fiscal
year 2002 and thereafter for the energy efficiency science
initiative be managed by the fossil energy research and
development program. The managers expect the Department to
issue a single solicitation for this program that covers both
energy conservation and fossil energy programs.
economic regulation
The conference agreement provides $1,996,000 for economic
regulation as proposed by both the House and the Senate.
strategic petroleum reserve
The conference agreement provides $179,009,000 for the
strategic petroleum reserve as proposed by the House instead of
$169,009,000 as proposed by the Senate.
The conference agreement modifies statutory language
contained in both the House and Senate bills, specifying that
``not to exceed'' $8,000,000 is for the Northeast Heating Oil
Reserve. If the full $8,000,000 is not needed, the managers
encourage the Department to apply any excess funds to the
Strategic Petroleum Reserve vapor pressure project to remove
excess heat and gas from the oil in the reserve. Funds for this
critical project should be continued in the base for each of
the next 3 years (at least at the $12 million level provided in
fiscal year 2002) so that it can be completed no later than
fiscal year 2005.
ENERGY INFORMATION ADMINISTRATION
The conference agreement provides $78,499,000 for the
energy information administration as proposed by the House
instead of $75,499,000 as proposed by the Senate.
Department of Health and Human Services
Indian Health Service
INDIAN HEALTH SERVICES
The conference agreement provides $2,389,614,000 for
Indian health services instead of $2,390,014,000 as proposed by
the House and $2,388,614,000 as proposed by the Senate. The
numerical changes described below are to the House recommended
level.
For hospital and health clinic programs there are
decreases of $500,000 for Joslin diabetes programs and $500,000
for technology upgrades. For Indian health professions there
are increases of $50,000 for the InPsych program at the
University of North Dakota, $50,000 for the InPsych program at
the University of Montana, and $500,000 for the InMed program
at the University of North Dakota.
The managers agree to the following:
1. The additional contract health services funding
provided for fiscal year 2002 should be distributed following a
methodology developed in consultation with the tribes. The
managers have received expressions of concern from many
different tribes on this issue and ask that the Service base
the funding distribution on a methodology that considers the
needs of all eligible tribes at the same time as addressing
disparities in funding.
2. The Service should continue to follow last year's
direction on the level of need funded methodology and the
distribution of the Indian health care improvement fund.
The conference agreement provides the House proposed
statutory earmarks for contract health services and contract
support costs. As in past years, there is no specific earmark
for any individual tribe for contract support costs.
The managers have not agreed to statutory language
proposed by the House dealing with certain limitations on
contract support costs. The managers believe the disparities
between BIA and IHS in the funding of contract support costs
should be resolved. While there has been some discussion of
this issue by the two agencies over the past few years, no
resolution to these differences has resulted. The managers urge
the Office of Management and Budget to serve as a coordinator
for further discussion of the issue with the two agencies, with
the goal of resolving existing discrepancies. The Office of
Management and Budget should address this issue as part of the
fiscal year 2003 budget request.
INDIAN HEALTH FACILITIES
The conference agreement provides $369,487,000 for Indian
health facilities instead of $369,795,000 as proposed by the
House and $362,854,000 as proposed by the Senate. The changes
to the House level are all in the hospital and clinic
construction category. The managers agree to the following
distribution of facilities construction funds (excluding
sanitation facilities):
Project Conference agreement
Fort Defiance, AZ (hospital and staff quarters)......... $27,827,000
Pinon, AZ (clinic infrastructure)....................... 2,600,000
Winnebago, NE (hospital)................................ 15,000,000
Red Mesa, AZ (clinic infrastructure).................... 5,000,000
Pawnee, OK (clinic infrastructure)...................... 5,000,000
Sisseton, SD (clinic infrastructure).................... 2,333,000
St. Paul and Metlakatla, AK (clinics infrastructure).... 5,500,000
Bethel, AK quarters..................................... 5,000,000
Zuni, NM quarters....................................... 2,000,000
Dental units............................................ 1,000,000
Small ambulatory care facilities........................ 10,000,000
Joint ventures.......................................... 5,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. $86,260,000
The managers agree to the following:
1. The funds provided for the Portland Area AMEX program
should remain in the base in fiscal year 2003 for addressing
the nationwide need for maintenance funds, and the Service
should request an increase to the base maintenance funding in
fiscal year 2003 to enable the Service to keep pace with the
expanding facilities infrastructure for Federal and tribal
facilities, including Alaska village-built clinics.
2. Given the tremendous unmet need for new and
replacement hospitals and clinics in Indian country, the
managers urge that, beginning in fiscal year 2003, the
Department and the Office of Management and Budget establish a
recurring base budget for hospital and clinic facilities
construction rather than building from a zero-based budget each
year. The managers suggest that the base amount for fiscal year
2003 should be at least $90,000,000 (the fiscal year 2002 level
plus inflation) and projects should be identified based on the
established priority list (including hospitals, clinics, staff
quarters, dental units, small ambulatory care facilities, and
joint ventures) to total the base funding level.
3. The Service should use balances available from
completed construction projects to fund the additional site
work and infrastructure needs of the Pinon, AZ clinic and, to
the extent available, to fund additional site work and
infrastructure at the Red Mesa, AZ clinic.
4. The Service should continue funding for a new drinking
water system for the Shoshone-Bannock Tribes of the Fort Hall
reservation in Idaho to the extent such project is ranked
within the established sanitation facility priority ranking
system.
5. Rather than issuing a new solicitation for the small
ambulatory grant program in fiscal year 2002, the Service
should fund high priority, unfunded projects from the ranked
order list generated from the fiscal year 2001 application
process.
6. The Service should establish a reasonably low maximum
funding threshold for the small ambulatory grant program so
that several projects can be funded under that program each
fiscal year. The maximum amount should not be construed as the
amount available for each project, and the managers expect that
most projects will be funded well below the maximum funding
threshold.
7. The Service should ensure, in evaluating joint venture
proposals, that any needed staff quarters are included in
tribal construction proposals and that the cost of staff
quarters construction and all related costs are funded by the
tribe. Once constructed, staff quarters should be self-
supporting from revenues generated from rental fees. The
Service should not be responsible for any construction or
subsequent operating costs for staff quarters that are
associated with a joint venture.
The conference agreement includes statutory language that
modifies the Senate proposed language on the Bethel, AK
hospital staff quarters construction project. The modification
permits the use of funds for staff quarters construction for
sub-regional clinics in the Bethel area. The managers expect
that this authority will be used on a limited basis only to the
extent that such sub-regional staff quarters fit within the
agreed upon overall cost for the Bethel staff quarters project
and that there is no impact on the effort now underway to
provide an adequate number of staff quarters at the Bethel
hospital.
The conference agreement also includes statutory language
permitting the Service to accept donated land for the St. Paul,
AK clinic.
Other Related Agencies
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
The conference agreement provides $15,148,000 for
salaries and expenses of the Office of Navajo and Hopi Indian
Relocation as proposed by the House and the Senate.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
The conference agreement provides $4,490,000 for payment
to the institute as proposed by the House and the Senate.
Smithsonian Institution
SALARIES AND EXPENSES
The conference agreement provides $399,253,000 for
salaries and expenses at the Smithsonian Institution instead of
$396,200,000 as proposed by the House and $401,192,000 as
proposed by the Senate. Changes to the House proposed funding
levels for fiscal year 2002 are described below.
An increase of $1,497,000 is provided for the Smithsonian
Center for Materials Research and Education. Within this
amount, program funding for the Center is restored to the
fiscal year 2001 enacted level and an additional $128,000 is
included to meet anticipated annual pay costs. The managers
expect that no decision will be made on an earlier proposal by
Smithsonian management to eliminate this Center, as well as the
Conservation Research Center, until the Science Commission has
conducted a full evaluation of all science programs at the
Institution and reported their findings to the Committees.
An increase of $26,000 is provided to the National Zoo
for the hiring of a curator and preliminary operations and
maintenance of the permanent Farm Exhibit, which is scheduled
to open to the public in the spring of 2003.
An increase of $200,000 is provided for the Smithsonian
Institution Libraries. This amount was proposed for reduction
in the fiscal year 2002 budget estimate, but has been included
by the managers in order to maintain the library at the Museum
Support Center that supports the Center for Materials Research
and Education.
An amount of $7,200,000 is provided within the
Administration line item to continue the Institution's
technology initiative. The Senate included $6,000,000 for this
work. The House included $7,645,000 for this effort, but within
the line item for Institution-wide Programs. The managers
expect that the House and Senate Committees on Appropriations
will be provided with quarterly reports that detail the
Institution's progress with this initiative.
An increase of $58,000 is included to maintain existing
health clinics as proposed by the Senate.
An increase of $1,743,000 is included for the Office of
Protection Services. The budget estimate called for a reduction
of the guard force in this amount. In light of recent events,
the managers agree that it would not be appropriate to
implement this proposal.
A decrease of $7,645,000 has been taken to the
Institution-wide Programs line item. This amount was proposed
by the House to fund costs associated with the technology
initiative. As stated above, the managers recommend an amount
of $7,200,000, the budget estimate, for this activity and have
provided the funds within the Administration line item, which
includes the Office of Technology.
A general reduction of $26,000 to the House proposed
level has been taken to the Administration line item.
The conference report designates an amount of $37,508,000
to remain available until expended for the following
activities: the instrumentation program, collections
acquisition, exhibition reinstallation, the National Museum of
the American Indian and the repatriation of skeletal remains
program. The House proposal included no such designation for
these activities. The Senate proposal provided $43,713,000 to
remain available until expended for the activities listed
above, as well as security funding and institution-wide
programs.
The conference report includes bill language proposed by
both the House and Senate instructing the Smithsonian to adhere
to the reprogramming procedures described in House Report 105-
163. In addition, the managers direct the Smithsonian to submit
a quarterly report to the House and Senate Committees on
Appropriations that displays all redirections of Federal funds,
both above and below the reprogramming threshold, for each
quarter. By implementing this reporting process, the Committees
expect to gain a better and more timely understanding of the
Institution's spending priorities throughout the fiscal year.
Each of the Bureaus within the Department of the Interior
currently submits a similar report.
REPAIR, RESTORATION AND ALTERATION OF FACILITIES
The conference agreement provides $67,900,000 for repair,
restoration and alteration of facilities as proposed by the
House and the Senate.
The managers direct the Smithsonian to assess its
facility maintenance program as a result of the National
Academy of Public Administration's recommendations. The
Institution should identify the current program, describe the
desired state, and provide an implementation plan with resource
and organizational requirements needed to achieve the necessary
maintenance level. The plan should be reliability based with
preventive, predictive, proactive and reactive components
utilizing a computer-based maintenance management system. This
plan should be submitted to the House and Senate Committees on
Appropriations no later than December 15, 2001.
CONSTRUCTION
The conference agreement provides $30,000,000 for
construction of the National Museum of the American Indian as
proposed by the House, instead of $25,000,000 as proposed by
the Senate.
National Gallery of Art
SALARIES AND EXPENSES
The conference agreement provides $68,967,000 for
salaries and expenses of the National Gallery of Art as
proposed by both the House and the Senate.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
The conference agreement provides $14,220,000 for repair,
restoration and renovation of buildings as proposed by both the
House and the Senate.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
The conference agreement provides $15,000,000 for
operations and maintenance of the Kennedy Center as proposed by
the House and the Senate.
CONSTRUCTION
The conference agreement provides $19,000,000 for
construction as proposed by the House and the Senate.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
The conference agreement provides $7,796,000 for salaries
and expenses of the Woodrow Wilson International Center for
Scholars as proposed by the House and the Senate. Funds should
be distributed as follows:
Fellowship program...................................... $1,218,000
Scholar support......................................... 615,000
Public service.......................................... 2,164,000
General administration.................................. 1,656,000
Smithsonian fee......................................... 208,000
Conference planning..................................... 1,770,000
Space................................................... 165,000
--------------------------------------------------------
____________________________________________________
Total............................................. 7,796,000
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
The conference agreement includes $98,234,000 for grants
and administration of the National Endowment for the Arts as
proposed by both the House and the Senate. The Challenge
America Arts Fund, a separate appropriation administered by the
NEA, is funded at $17,000,000, as indicated later in the
statement of the managers.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
The conference agreement provides $108,382,000 for grants
and administration of the National Endowment for the Humanities
instead of $107,882,000 as proposed by the House and
$109,882,000 as proposed by the Senate. Increases above the
House funding level include $361,000 for Federal/State
partnerships, $217,000 for preservation and access, $155,000
for public programs, $145,000 for research programs, and
$150,000 for education programs. In agreement with the budget
estimate and the Senate proposal, the administration activity
is funded at $18,450,000, a reduction of $528,000 from the
House level. In addition to funds provided in this account,
further appropriations for the NEH are included in the matching
grants category below.
MATCHING GRANTS
The conference agreement provides $16,122,000 for
matching grants instead of $15,622,000 as proposed by the House
and the Senate. The agreement includes an increase of $500,000
for regional centers.
Institute of Museum and Library Services
OFFICE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
The conference agreement provides $26,899,000 for grants
and administration of the Office of Museum Services as proposed
by both the House and the Senate.
Challenge America Arts Fund
CHALLENGE AMERICA GRANTS
The conference agreement includes $17,000,000 for
Challenge America grants as proposed by both the House and the
Senate. This account is administered by the National Endowment
for the Arts according to all previously authorized
requirements and serves to provide additional funding for arts
education and outreach activities in rural and underserved
areas.
Commission of Fine Arts
SALARIES AND EXPENSES
The conference agreement provides $1,224,000 for salaries
and expenses of the Commission of Fine Arts instead of
$1,274,000 as proposed by the House and $1,174,000 as proposed
by the Senate. The conference agreement does not include
$100,000 for the management of a competitive grants program as
proposed in the budget estimate and proposed by the House. The
$50,000 increase above the Senate proposed funding level is
intended to meet the cost of technological improvements, such
as equipment and the development of a web page, that will
enable the Commission to have direct communication with the
public. Given the significant public projects that come before
the Commission, such as the World War II Memorial, the managers
believe it is in the public interest to provide better access
to the Commission's activities and decisions.
National Capital Arts and Cultural Affairs
The conference agreement provides $7,000,000 for National
Capital Arts and Cultural Affairs as proposed by both the House
and the Senate.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
The conference agreement provides $3,400,000 for salaries
and expenses of the Advisory Council on Historic Preservation
as proposed by the House instead of $3,310,000 as proposed by
the Senate.
National Capital Planning Commission
SALARIES AND EXPENSES
The conference agreement provides $7,253,000 for salaries
and expenses of the National Capital Planning Commission as
proposed by both the House and the Senate.
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
The conference agreement provides $36,028,000 for the
Holocaust Memorial Museum as proposed by the House and the
Senate.
Presidio Trust
PRESIDIO TRUST FUND
The conference agreement provides $23,125,000 for the
Presidio Trust Fund as proposed by the Senate instead of
$22,427,000 as proposed by the House.
TITLE III--GENERAL PROVISIONS
The conference agreement includes sections 301, and the
text of sections 314 through 317, and 320 through 322, which
were identical in both the House and the Senate bills, although
section numbers have been changed in some cases in the
conference agreement.
The conference agreement includes House sections 302
through 307, 309, 311, 318, 324, 325, and 330. Identical
language was proposed by the Senate in sections 303 through
308, 310, 312, 319, 325, 326, and 332.
Section 308 retains the text of section 309 as proposed
by the Senate concerning a pedestrian bridge between New Jersey
and Ellis Island. The House had similar language in section
308, but included text carried in last year's law.
Section 310 retains the text of section 311 as proposed
by the Senate, which limits payments for contract support costs
for the Bureau of Indian Affairs and the Indian Health Service.
The text of section 310 as proposed by the House is identical
except for the use of capitalization.
Section 312 modifies language in section 312 as proposed
by the House concerning an extension of the recreational fee
demonstration program. The managers have agreed to a two year
extension of this program through fiscal year 2004 rather than
the four year extension recommended by the House. The managers
have provided this extension to allow the authorizing
committees with jurisdiction to continue their assessment of
this program and to provide for a permanent solution to this
issue. The managers strongly encourage the authorizing
committees to address this matter forthwith so short-term
extensions via the appropriations process are no longer
germane. The managers have also modified the House language by
deleting subsection (e), which extended the program to certain
Forest Service special use permits. The managers recommend that
the authorizing committees examine various options in this
regard. The managers have retained language proposed by the
House and contained in Senate recommended section 313
concerning the use of receipts from this program to construct
permanent structures when the total cost of the facility
exceeds $500,000. The managers note that the recreational fee
demonstration program has generated substantial revenue, which
has made a major impact on many parks, forests, refuges and
public land units. By the end of fiscal year 2002, the program
will have generated $937 million for the four participating
agencies. The managers continue to believe that a user fee
program, which focuses the fees directly to local, on-the-
ground improvements, is an essential tool to help fund major
Federal recreational assets. The managers expect the agencies
implementing this program to focus on public service, to work
closely with local communities and the recreational industry,
and to use the receipts to enhance visitor services and reduce
the backlog in deferred maintenance.
Section 317 retains the text of section 318 as proposed
by the Senate prohibiting the Forest Service from expending or
obligating appropriations in the Act to complete and issue the
5-year program under the Forest and Rangeland Renewable
Resources Planning Act. The House had no similar provision.
Section 319 retains the text of section 319 as proposed
by the House prohibiting the use of funds in the Act for GSA
Telecommunication Centers. The Senate had no similar provision.
Section 323 retains the text of section 323 as proposed
by the Senate. The language as proposed by the House in section
323 differed only in reference to fiscal years.
Section 326 retains the text of section 326 as proposed
by the House which gives preference to dislocated workers for
certain restoration contracts in the Giant Sequoia National
Monument and the Sequoia National Forest. Section 329 as
proposed by the Senate consisted of virtually identical text,
except for language extending the length of authorization.
Section 327 modifies the text of section 327 as proposed
by the House which provides that 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 solely because more than fifteen years
have passed without revision of the plan, including its
accompanying documents, for a unit of the National Forest
System. It is the managers' intent that the passage of more
than 15 years without revision of a plan for a unit of the
National Forest System shall not, in and of itself, cause a
violation of the National Environmental Policy Act (NEPA) (43
U.S.C. 4332). Instead, the standards at 40 C.F.R. 1502.9(c) and
project-level NEPA requirements shall govern when a
supplemental or additional environmental impact statement is
required. It is the responsibility of the court to determine
whether the good faith requirement of this section has been met
and, if not, to order an accelerated schedule for plan
revision. The managers understand that all plans for units of
the National Forest System that will be revised during fiscal
year 2002 will be revised pursuant to current rules (36 C.F.R.
Part 219 and Part 217). Given the intense interest in the
Administration's ongoing revision of forest planning rules, the
managers intend that this section will be in effect for only
one year. It is the managers' understanding that the
authorizing Committees must consider legislation regarding this
issue in the near future. The managers direct the Forest
Service to provide a detailed report to the House and Senate
Committees on Appropriations by January 31, 2002, describing
the status and activities regarding each National forest unit
land management plan. The report shall also include a plan and
schedule, along with funding needs, to complete the forest plan
revision process. The Senate had no similar provision.
Section 328 retains the text of section 328 as proposed
by the House, which clarifies the requirement for mutually
significant benefits when the Forest Service conducts
cooperative agreements. The Senate had no similar provision.
Section 329 includes a minor technical modification of
section 329 as proposed by the House concerning the conveyance
of excess properties by the Forest Service. The Senate had no
similar provision.
Section 330 retains the text of section 331 as proposed
by the House which amends section 323 of the fiscal year 1999
Interior and Related Agencies Appropriations Act by extending
for four years the cooperative agreements authority, thereby
allowing the Forest Service to enter into cooperative
agreements with willing Federal, tribal, State, and local
governments, private and non-profit entities and landowners to
implement watershed restoration agreements both on and near
National forest system lands. Section 331 as proposed by the
Senate was composed of similar language, but differed in length
of authorization.
Section 331 retains the text of section 333 as proposed
by the House that prohibits oil, natural gas and mining related
activities within current National Monument boundaries. The
Senate proposed similar language in section 128 under General
Provisions, Department of the Interior.
Section 332 modifies the text of section 327 as proposed
by the Senate expanding the number of stewardship end result
contracts available to the Forest Service. The modified
language extends the duration of the contracts by two years.
The House had no similar provision.
Section 333 retains the text of section 328 as proposed
by the Senate requiring that regulations and policies issued by
the Departments of the Interior or Agriculture regarding cost
recovery for processing authorizations adhere and incorporate a
specific principle arising from Office of Management and Budget
Circular, A-25. The House had no similar provision.
Section 334 modifies section 330 as proposed by the
Senate regarding a cabin within the boundary of the Custer
National Forest. After considering the special and unique
circumstances surrounding the use of this facility, the
managers agree to a provision that requires issuance of a
special use permit to Montana State University--Billings for
use of this cabin for a 20-year term, with a proviso for a
review of the cabin's use after 10 years. The managers expect
the agency to administer the permit in a manner that allows the
University to utilize the cabin's location for suitable
educational programs while recognizing the ecological and
cultural values associated with the cabin's location and
historical significance. The permit shall restrict use of the
cabin to educational and scientific activities overseen by the
University and necessary maintenance related to these
activities consistent with the cabin's location. The managers
expect the Forest Service to oversee the special use permit
under current standards to ensure the cabin's use is consistent
with this provision. The managers note that the issuance of
this special use permit to bolster educational programs, while
providing an opportunity to further enhance resource management
in the area, shall not be deemed to set precedent for other
structures within the national forest system.
Section 336 retains the text of section 334 as proposed
by the Senate, which modifies the Steel Loan Guarantee program.
The House had no similar provision.
The conference agreement does not include language as
proposed by the Senate in section 302 concerning the leasing of
oil and natural gas on public lands within the Shawnee National
Forest, Illinois, or in section 324 prohibiting the use of
funds for the Kyoto Protocol, or in section 333 which exempted
residents within the boundaries of the White Mountain National
Forest from the recreation fee program. The House had no
similar provisions.
The conference agreement does not include language
proposed by the House in section 313 making a provision
permanent that exempts properties administered by the Presidio
Trust from certain taxes and assessments, since this provision
was made permanent in the fiscal year 2001 Interior
Appropriations Act, or in section 332 that prohibits funding
for anyone convicted of violating the ``Buy American Act,'' or
in section 334 that would have prohibited the use of funds to
execute a final lease agreement for oil and gas development in
the area of the Gulf of Mexico known as Lease Sale 181, or in
section 335 dealing with a limitation of funds for revising
hardrock mining regulation. The Senate had no similar
provisions.
CONFERENCE TOTAL--WITH COMPARISONS
The total new budget (obligational) authority for the
fiscal year 2002 recommended by the Committee of Conference,
with comparisons to the fiscal year 2001 amount, the 2002
budget estimates, and the House and Senate bills for 2002
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2001... $18,892,320
Budget estimates of new (obligational) authority, fiscal
year 2002........................................... 18,072,635
House bill, fiscal year 2002............................ 18,863,855
Senate bill, fiscal year 2002........................... 18,644,035
Conference agreement, fiscal year 2002.................. 19,078,220
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2001.............................................. +185,900
Budget estimates of new (obligational) authority,
fiscal year 2002.................................. +1,005,585
House bill, fiscal year 2002........................ +214,365
Senate bill, fiscal year 2002....................... +414,185
Joe Skeen,
Ralph Regula,
Jim Kolbe,
Charles H. Taylor,
George R. Nethercutt, Jr.,
Zach Wamp,
Jack Kingston,
John E. Peterson,
Bill Young,
Norman D. Dicks,
John P. Murtha,
James P. Moran,
Maurice Hinchey,
Martin Olav Sabo,
David Obey,
Managers on the Part of the House.
Robert Byrd,
Patrick Leahy,
Ernest F. Hollings,
Harry Reid,
Byron L. Dorgan,
Dianne Feinstein,
Patty Murray,
Daniel K. Inouye,
Conrad Burns,
Ted Stevens,
Thad Cochran,
Pete V. Domenici,
Robert F. Bennett,
Judd Gregg,
Ben Nighthorse Campbell,
Managers on the Part of the Senate.