    [House Report 108-330]
    [From the U.S. Government Publishing Office]

    108th Congress                                                   Report
                            HOUSE OF REPRESENTATIVES
     1st Session                                                    108-330
    ======================================================================

     MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR AND RELATED
     AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004, AND FOR OTHER
                                    PURPOSES

                                    _______

                    October 28, 2003.--Ordered to be printed

                                    _______

        Mr. Taylor of North Carolina, from the committee of conference,
                            submitted the following

                               CONFERENCE REPORT

                            [To accompany H.R. 2691]

          The committee of conference on the disagreeing votes of
    the two Houses on the amendment of the Senate to the bill (H.R.
    2691) ``making appropriations for the Department of the
    Interior and related agencies for the fiscal year ending
    September 30, 2004, and for other purposes'', having met, after
    full and free conference, have agreed to recommend and do
    recommend to their respective Houses as follows:
          That the House recede from its disagreement to the
    amendment of the Senate, and agree to the same with an
    amendment, as follows:
          In lieu of the matter stricken and inserted by said
    amendment, insert:
    That the following sums are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the Department of
    the Interior and related agencies for the fiscal year ending
    September 30, 2004, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF THE INTERIOR

                           Bureau of Land Management

                       management of lands and resources

        For necessary expenses for protection, use, improvement,
    development, disposal, cadastral surveying, classification,
    acquisition of easements and other interests in lands, and
    performance of other functions, including maintenance of
    facilities, as authorized by law, in the management of lands
    and their resources under the jurisdiction of the Bureau of
    Land Management, including the general administration of the
    Bureau, and assessment of mineral potential of public lands
    pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
    $850,321,000, to remain available until expended, of which
    $1,000,000 is for high priority projects, to be carried out by
    the Youth Conservation Corps; $2,484,000 is for assessment of
    the mineral potential of public lands in Alaska pursuant to
    section 1010 of Public Law 96-487; (16 U.S.C. 3150); and of
    which not to exceed $1,000,000 shall be derived from the
    special receipt account established by the Land and Water
    Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i));
    and of which $3,000,000 shall be available in fiscal year 2004
    subject to a match by at least an equal amount by the National
    Fish and Wildlife Foundation for cost-shared projects
    supporting conservation of Bureau lands; and such funds shall
    be advanced to the Foundation as a lump sum grant without
    regard to when expenses are incurred; in addition, $32,696,000
    is for Mining Law Administration program operations, including
    the cost of administering the mining claim fee program; to
    remain available until expended, to be reduced by amounts
    collected by the Bureau and credited to this appropriation from
    annual mining claim fees so as to result in a final
    appropriation estimated at not more than $850,321,000; and
    $2,000,000, to remain available until expended, from
    communication site rental fees established by the Bureau for
    the cost of administering communication site activities:
    Provided, That appropriations herein made shall not be
    available for the destruction of healthy, unadopted, wild
    horses and burros in the care of the Bureau or its contractors.

                            wildland fire management

        For necessary expenses for fire preparedness, suppression
    operations, fire science and research, emergency
    rehabilitation, hazardous fuels reduction, and rural fire
    assistance by the Department of the Interior, $792,725,000, to
    remain available until expended, of which not to exceed
    $12,374,000 shall be for the renovation or construction of fire
    facilities: Provided, That such funds are also available for
    repayment of advances to other appropriation accounts from
    which funds were previously transferred for such purposes:
    Provided further, That persons hired pursuant to 43 U.S.C. 1469
    may be furnished subsistence and lodging without cost from
    funds available from this appropriation: Provided further, That
    notwithstanding 42 U.S.C. 1856d, sums received by a bureau or
    office of the Department of the Interior for fire protection
    rendered pursuant to 42 U.S.C. 1856 et seq., protection of
    United States property, may be credited to the appropriation
    from which funds were expended to provide that protection, and
    are available without fiscal year limitation: Provided further,
    That of the funds provided, $99,000,000 is to repay prior year
    advances from other appropriations from which funds were
    transferred for wildfire suppression and emergency
    rehabilitation activities: Provided further, That this
    additional amount is designated by the Congress as an emergency
    requirement pursuant to section 502 of H. Con. Res. 95 (108th
    Congress), the concurrent resolution on the budget for fiscal
    year 2004: Provided further, That using the amounts designated
    under this title of this Act, the Secretary of the Interior may
    enter into procurement contracts, grants, or cooperative
    agreements, for hazardous fuels reduction activities, and for
    training and monitoring associated with such hazardous fuels
    reduction activities, on Federal land, or on adjacent non-
    Federal land for activities that benefit resources on Federal
    land: Provided further, That the costs of implementing any
    cooperative agreement between the Federal Government and any
    non-Federal entity may be shared, as mutually agreed on by the
    affected parties: Provided further, That notwithstanding
    requirements of the Competition in Contracting Act, the
    Secretary, for purposes of hazardous fuels reduction
    activities, may obtain maximum practicable competition among:
    (A) local private, nonprofit, or cooperative entities; (B)
    Youth Conservation Corps crews or related partnerships with
    state, local, or non-profit youth groups; (C) small or micro-
    businesses; or (D) other entities that will hire or train
    locally a significant percentage, defined as 50 percent or
    more, of the project workforce to complete such contracts:
    Provided further, That in implementing this section, the
    Secretary shall develop written guidance to field units to
    ensure accountability and consistent application of the
    authorities provided herein: Provided further, That funds
    appropriated under this head may be used to reimburse the
    United States Fish and Wildlife Service and the National Marine
    Fisheries Service for the costs of carrying out their
    responsibilities under the Endangered Species Act of 1973 (16
    U.S.C. 1531 et seq.) to consult and conference, as required by
    section 7 of such Act in connection with wildland fire
    management activities: Provided further, That the Secretary of
    the Interior may use wildland fireappropriations to enter into
    non-competitive sole source leases of real property with local
    governments, at or below fair market value, to construct capitalized
    improvements for fire facilities on such leased properties, including
    but not limited to fire guard stations, retardant stations, and other
    initial attack and fire support facilities, and to make advance
    payments for any such lease or for construction activity associated
    with the lease: Provided further, That the Secretary of the Interior
    and the Secretary of Agriculture may authorize the transfer of funds
    appropriated for wildland fire management, in an aggregate amount not
    to exceed $12,000,000, between the Departments when such transfers
    would facilitate and expedite jointly funded wildland fire management
    programs and projects: Provided further, That funds provided for
    wildfire suppression shall be available for support of Federal
    emergency response actions.

                        central hazardous materials fund

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

                                  construction

        For construction of buildings, recreation facilities,
    roads, trails, and appurtenant facilities, $13,976,000, to
    remain available until expended.

                                land acquisition

        For expenses necessary to carry out sections 205, 206, and
    318(d) of Public Law 94-579, including administrative expenses
    and acquisition of lands or waters, or interests therein,
    $18,600,000, to be derived from the Land and Water Conservation
    Fund and to remain available until expended.

                       oregon and california grant lands

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

                   forest ecosystems health and recovery fund

                       (REVOLVING FUND, SPECIAL ACCOUNT)

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

                               range improvements

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

                   service charges, deposits, and forfeitures

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

                           miscellaneous trust funds

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

                           administrative provisions

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

                    United States Fish and Wildlife Service

                              resource management

        For necessary expenses of the United States Fish and
    Wildlife Service, as authorized by law, and for scientific and
    economic studies, maintenance of the herd of long-horned cattle
    on the Wichita Mountains Wildlife Refuge, general
    administration, and for the performance of other authorized
    functions related to such resources by direct expenditure,
    contracts, grants, cooperative agreements and reimbursable
    agreements with public and private entities, $963,352,000, to
    remain available until September 30, 2005, except as otherwise
    provided herein: Provided, That not less than $2,000,000 shall
    be provided to local governments in southern California for
    planning associated with the Natural Communities Conservation
    Planning (NCCP) program and shall remain available until
    expended: Provided further, That $2,000,000 is for high
    priority projects, which shall be carried out by the Youth
    Conservation Corps: Provided further, That not to exceed
    $12,286,000 shall be used for implementing subsections (a),
    (b), (c), and (e) of section 4 of the Endangered Species Act,
    as amended, for species that are indigenous to the United
    States (except for processing petitions, developing and issuing
    proposed and final regulations, and taking any other steps to
    implement actions described in subsection (c)(2)(A),
    (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
    $8,900,000 shall be used for any activity regarding the
    designation of critical habitat, pursuant to subsection (a)(3),
    excluding litigation support, for species already listed
    pursuant to subsection (a)(1) as of the date of enactment this
    Act: Provided further, That of the amount available for law
    enforcement, up to $400,000 to remain available until expended,
    may at the discretion of the Secretary be used for payment for
    information, rewards, or evidence concerning violations of laws
    administered by the Service, and miscellaneous and emergency
    expenses of enforcement activity, authorized or approved by the
    Secretary and to be accounted for solely on her certificate:
    Provided further, That of the amount provided for environmental
    contaminants, up to $1,000,000 may remain available until
    expended for contaminant sample analyses.

                                  construction

        For construction, improvement, acquisition, or removal of
    buildings and other facilities required in the conservation,
    management, investigation, protection, and utilization of
    fishery and wildlife resources, and the acquisition of lands
    and interests therein; $60,554,000, to remain available until
    expended.

                                land acquisition

        For expenses necessary to carry out the Land and Water
    Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
    through 11), including administrative expenses, and for
    acquisition of land or waters, or interest therein, in
    accordance with statutory authority applicable to the United
    States Fish and Wildlife Service, $43,628,000, to be derived
    from the Land and Water Conservation Fund and to remain
    available until expended: Provided, That none of the funds
    appropriated for specific land acquisition projects can be used
    to pay for any administrative overhead, planning or other
    management costs.

                          landowner incentive program

        For expenses necessary to carry out the Land and Water
    Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
    through 11), including administrative expenses, and for private
    conservation efforts to be carried out on private lands,
    $30,000,000, to be derived from the Land and Water Conservation
    Fund, and to remain available until expended: Provided, That
    the amount provided herein is for a Landowner Incentive Program
    established by the Secretary that provides matching,
    competitively awarded grants to States, the District of
    Columbia, Tribes, Puerto Rico, Guam, the United States Virgin
    Islands, the Northern Mariana Islands, and American Samoa, to
    establish or supplement existing landowner incentive programs
    that provide technical and financial assistance, including
    habitat protection and restoration, to private landowners for
    the protection and management of habitat to benefit federally
    listed, proposed, candidate, or other at-risk species on
    private lands.

                               stewardship grants

        For expenses necessary to carry out the Land and Water
    Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
    through 11), including administrative expenses, and for private
    conservation efforts to be carried out on private lands,
    $7,500,000, to be derived from the Land and Water Conservation
    Fund, and to remain available until expended: Provided, That
    the amount provided herein is for a Stewardship Grants Program
    established by the Secretary to provide grants and other
    assistance to individuals and groups engaged in private
    conservation efforts that benefit federally listed, proposed,
    candidate, or other at-risk species.

                cooperative endangered species conservation fund

        For expenses necessary to carry out section 6 of the
    Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as
    amended, $82,614,000, of which $32,614,000 is to be derived
    from the Cooperative Endangered Species Conservation Fund and
    $50,000,000 is to be derived from the Land and Water
    Conservation Fund and to remain available until expended.

                         national wildlife refuge fund

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

                   north american wetlands conservation fund

        For expenses necessary to carry out the provisions of the
    North American Wetlands Conservation Act, Public Law 101-233,
    as amended, $38,000,000, to remain available until expended.

                    neotropical migratory bird conservation

        For financial assistance for projects to promote the
    conservation of neotropical migratory birds in accordance with
    the Neotropical Migratory Bird Conservation Act, Public Law
    106-247 (16 U.S.C. 6101-6109), $4,000,000, to remain available
    until expended.

                    multinational species conservation fund

        For expenses necessary to carry out the African Elephant
    Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
    4241-4245, and 1538), the Asian Elephant Conservation Act of
    1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros
    and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), and
    the Great Ape Conservation Act of 2000 (16 U.S.C. 6301),
    $5,600,000, to remain available until expended.

                        state and tribal wildlife grants

        For wildlife conservation grants to States and to the
    District of Columbia, Puerto Rico, Guam, the United States
    Virgin Islands, the Northern Mariana Islands, American Samoa,
    and federally recognized Indian tribes under the provisions of
    the Fish and Wildlife Act of 1956 and the Fish and Wildlife
    Coordination Act, for the development and implementation of
    programs for the benefit of wildlife and their habitat,
    including species that are not hunted or fished, $70,000,000 to
    be derived from the Land and Water Conservation Fund, and to
    remain available until expended: Provided, That of the amount
    provided herein, $6,000,000 is for a competitive grant program
    for Indian tribes not subject to the remaining provisions of
    this appropriation: Provided further, That the Secretary shall,
    after deducting said $6,000,000 and administrative expenses,
    apportion the amount provided herein in the following manner:
    (A) to the District of Columbia and to the Commonwealth of
    Puerto Rico, each a sum equal to not more than one-half of 1
    percent thereof; and (B) to Guam, American Samoa, the United
    States Virgin Islands, and the Commonwealth of the Northern
    Mariana Islands, each a sum equal to not more than one-fourth
    of 1 percent thereof: Provided further, That the Secretary
    shall apportion the remaining amount in the following manner:
    (A) one-third of which is based on the ratio to which the land
    area of such State bears to the total land area of all such
    States; and (B) two-thirds of which is based on the ratio to
    which the population of such State bears to the total
    population of all such States: Provided further, That the
    amounts apportioned under this paragraph shall be adjusted
    equitably so that no State shall be apportioned a sum which is
    less than 1 percent of the amount available for apportionment
    under this paragraph for any fiscal year or more than 5 percent
    of such amount: Provided further, That the Federal share of
    planning grants shall not exceed 75 percent of the total costs
    of such projects and the Federal share of implementation grants
    shall not exceed 50 percent of the total costs of such
    projects: Provided further, That the non-Federal share of such
    projects may not be derived from Federal grant programs:
    Provided further, That no State, territory, or other
    jurisdiction shall receive a grant unless it has developed, or
    committed to develop by October 1, 2005, a comprehensive
    wildlife conservation plan, consistent with criteria
    established by the Secretary of the Interior, that considers
    the broad range of the State, territory, or other
    jurisdiction's wildlife and associated habitats, with
    appropriate priority placed on those species with the greatest
    conservation need and taking into consideration the relative
    level of funding available for the conservation of those
    species: Provided further, That any amount apportioned in 2004
    to any State, territory, or other jurisdiction that remains
    unobligated as of September 30, 2005, shall be reapportioned,
    together with funds appropriated in 2006, in the manner
    provided herein: Provided further, That balances from amounts
    previously appropriated under the heading ``State Wildlife
    Grants'' shall be transferred to and merged with this
    appropriation and shall remain available until expended.

                           administrative provisions

        Appropriations and funds available to the United States
    Fish and Wildlife Service shall be available for purchase of
    not to exceed 157 passenger motor vehicles, of which 142 are
    for replacement only (including 33 for police-type use); repair
    of damage to public roads within and adjacent to reservation
    areas caused by operations of the Service; options for the
    purchase of land at not to exceed $1 for each option;
    facilities incident to such public recreational uses on
    conservation areas as are consistent with their primary
    purpose; and the maintenance and improvement of aquaria,
    buildings, and other facilities under the jurisdiction of the
    Service and to which the United States has title, and which are
    used pursuant to law in connection with management, and
    investigation of fish and wildlife resources: Provided, That
    notwithstanding 44 U.S.C. 501, the Service may, under
    cooperative cost sharing and partnership arrangements
    authorized by law, procure printing services from cooperators
    in connection with jointly produced publications for which the
    cooperators share at least one-half the cost of printing either
    in cash or services and the Service determines the cooperator
    is capable of meeting accepted quality standards: Provided
    further, That the Service may accept donated aircraft as
    replacements for existing aircraft: Provided further, That
    notwithstanding any other provision of law, the Secretary of
    the Interior may not spend any of the funds appropriated in
    this Act for the purchase of lands or interests in lands to be
    used in the establishment of any new unit of the National
    Wildlife Refuge System unless the purchase is approved in
    advance by the House and Senate Committees on Appropriations in
    compliance with the reprogramming procedures contained in the
    statement of the managers accompanying this Act.

                             National Park Service

                     operation of the national park system

        For expenses necessary for the management, operation, and
    maintenance of areas and facilities administered by the
    National Park Service (including special road maintenance
    service to trucking permittees on a reimbursable basis), and
    for the general administration of the National Park Service,
    $1,629,641,000, of which $10,887,000 is for planning and
    interagency coordination in support of Everglades restoration
    and shall remain available until expended; of which
    $96,480,000, to remain available until September 30, 2005, is
    for maintenance, repair or rehabilitation projects for
    constructed assets, operation of the National Park Service
    automated facility management software system, and
    comprehensive facility condition assessments; and of which
    $2,000,000 is for the Youth Conservation Corps for high
    priority projects: Provided, That the only funds in this
    account which may be made available to support United States
    Park Police are those funds approved for emergency law and
    order incidents pursuant to established National Park Service
    procedures, those funds needed to maintain and repair United
    States Park Police administrative facilities, and those funds
    necessary to reimburse the United States Park Police account
    for the unbudgeted overtime and travel costs associated with
    special events for an amount not to exceed $10,000 per event
    subject to the review and concurrence of the Washington
    headquarters office: Provided further, That notwithstanding
    sections 5(b)(7)(c) and 7(a)(2) of Public Law 105-58, the
    National Park Service may in fiscal year 2004 provide funding
    for uniformed personnel for visitor protection and
    interpretation of the outdoor symbolic site at the Oklahoma
    City Memorial without reimbursement or a requirement to match
    these funds with non-federal funds.

                           united states park police

        For expenses necessary to carry out the programs of the
    United States Park Police, $78,859,000.

                      national recreation and preservation

        For expenses necessary to carry out recreation programs,
    natural programs, cultural programs, heritage partnership
    programs, environmental compliance and review, international
    park affairs, statutory or contractual aid for other
    activities, and grant administration, not otherwise provided
    for, $62,544,000, of which $1,600,000 shall be available until
    expended for the Oklahoma City National Memorial Trust,
    notwithstanding the provisions contained in sections 7(a)(1)
    and (2) of Public Law 105-58.

                         urban park and recreation fund

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

                           historic preservation fund

        For expenses necessary in carrying out the Historic
    Preservation Act of 1966, as amended (16 U.S.C. 470), and the
    Omnibus Parks and Public Lands Management Act of 1996 (Public
    Law 104-333), $74,500,000, to be derived from the Historic
    Preservation Fund, to remain available until September 30,
    2005: Provided, That, of the amount provided herein, $500,000,
    to remain available until expended, is for a grant for the
    perpetual care and maintenance of National Trust Historic
    Sites, as authorized under 16 U.S.C. 470a(e)(2), to be made
    available in full upon signing of a grant agreement: Provided
    further, That, notwithstanding any other provision of law,
    these funds shall be available for investment with the proceeds
    to be used for the same purpose as set out herein: Provided
    further, That of the total amount provided, $33,000,000 shall
    be for Save America's Treasures for priority preservation
    projects, of nationally significant sites, structures, and
    artifacts: Provided further, That any individual Save America's
    Treasures grant shall be matched by non-Federal funds: Provided
    further, That individual projects shall only be eligible for
    one grant, and all projects to be funded shall be approved by
    the House and Senate Committees on Appropriations and the
    Secretary of the Interior in consultation with the President's
    Committee on the Arts and Humanities prior to the commitment of
    grant funds: Provided further, That Save America's Treasures
    funds allocated for Federal projects, following approval, shall
    be available by transfer to appropriate accounts of individual
    agencies.

                                  construction

        For construction, improvements, repair or replacement of
    physical facilities, including the modifications authorized by
    section 104 of the Everglades National Park Protection and
    Expansion Act of 1989, $333,995,000, to remain available until
    expended, of which $300,000 for the L.Q.C. Lamar House National
    Historic Landmark and $375,000 for the Sun Watch National
    Historic Landmark shall be derived from the Historic
    Preservation Fund pursuant to 16 U.S.C. 470a: Provided, That
    none of the funds in this or any other Act, may be used to pay
    the salaries and expenses of more than 160 Full Time Equivalent
    personnel working for the National Park Service's Denver
    Service Center funded under the construction program management
    and operations activity: Provided further, That none of the
    funds provided in this or any other Act may be used to pre-
    design, plan, or construct any new facility (including visitor
    centers, curatorial facilities, administrative buildings), for
    which appropriations have not been specifically provided if the
    net construction cost of such facility is in excess of
    $5,000,000, without prior approval of the House and Senate
    Committees on Appropriations: Provided further, That the
    restriction in the previous proviso applies to all funds
    available to the National Park Service, including partnership
    and fee demonstration projects: Provided further, That none of
    the funds provided in this or any other Act may be used for
    planning, design, or construction of any underground security
    screening or visitor contact facility at the Washington
    Monument until such facility has been approved in writing by
    the House and Senate Committees on Appropriations: Provided
    further, That funds appropriated in this Act and in any prior
    Acts for the purpose of implementing the Modified Water
    Deliveries to Everglades National Park Project shall be
    available for expenditure unless the joint report of the
    Secretary of the Interior, the Secretary of the Army, the
    Administrator of the Environmental Protection Agency, and the
    Attorney General which shall be filed within 90 days of
    enactment of this Act and by September 30 each year thereafter
    until December 31, 2006, to the House and Senate Committees on
    Appropriations, the House Committee on Transportation and
    Infrastructure, the House Committee on Resources and the Senate
    Committee on Environment and Public Works, indicates that the
    water entering A.R.M. Loxahatchee National Wildlife Refuge and
    Everglades National Park does not meet applicable State water
    quality standards and numeric criteria adopted for phosphorus
    throughout A.R.M. Loxahatchee National Wildlife Refuge and
    Everglades National Park, as well as water quality requirements
    set forth in the Consent Decree entered in United States v.
    South Florida Water Management District, and that the House and
    Senate Committees on Appropriations respond in writing
    disapproving the further expenditure of funds: Provided
    further, That not to exceed $800,000 of the funds provided for
    Dayton Aviation Heritage National Historical Park may be
    provided as grants to cooperating entities for projects to
    enhance public access to the park.

                        land and water conservation fund

                                  (RESCISSION)

        The contract authority provided for fiscal year 2004 by 16
    U.S.C. 460l-10a is rescinded.

                     land acquisition and state assistance

                         (INCLUDING TRANSFERS OF FUNDS)

        For expenses necessary to carry out the Land and Water
    Conservation Act of 1965, as amended (16 U.S.C. 460l-4 through
    11), including administrative expenses, and for acquisition of
    lands or waters, or interest therein, in accordance with the
    statutory authority applicable to the National Park Service,
    $142,350,000, to be derived from the Land and Water
    Conservation Fund and to remain available until expended, of
    which $95,000,000 is for the State assistance program including
    $2,500,000 to administer this program: Provided, That none of
    the funds provided for the State assistance program may be used
    to establish a contingency fund: Provided further, That
    notwithstanding any other provision of law, the Secretary of
    the Interior, using prior year unobligated funds made available
    under any Act enacted before the date of enactment of this Act
    for land acquisition assistance to the State of Florida for the
    acquisition of lands or water, or interests therein, within the
    Everglades watershed, shall transfer $5,000,000 to the United
    States Fish and Wildlife Service ``Resource Management''
    account for the purpose of funding water quality monitoring and
    eradication of invasive exotic plants at A.R.M. Loxahatchee
    National Wildlife Refuge, as well as recovery actions for any
    listed species in the South Florida ecosystem, and may transfer
    such sums as may be determined necessary by the Secretary of
    the Interior to the U.S. Army Corps of Engineers
    ``Construction, General'' account for the purpose of modifying
    the construction of Storm Water Treatment Area 1 East to
    include additional water quality improvement measures, such as
    additional compartmentalization, improved flow control,
    vegetation management, and other additional technologies based
    upon the recommendations of the Secretary of the Interior and
    the South Florida Water Management District, to maximize the
    treatment effectiveness of Storm Water Treatment Area 1 East so
    that water delivered by Storm Water Treatment Area 1 East to
    A.R.M. Loxahatchee National Wildlife Refuge achieves State
    water quality standards, including the numeric criterion for
    phosphorus, and that the cost sharing provisions of section 528
    of the Water Resources Development Act of 1996 (110 Stat. 3769)
    shall apply to any funds provided by the Secretary of the
    Interior to the U.S. Army Corps of Engineers for this purpose:
    Provided further, That, subsequent to the transfer of the
    $5,000,000 to the U.S. Fish and Wildlife Service and the
    transfer of funds, if any, to the U.S. Army Corps of Engineers
    to carry out water quality improvement measures for Storm Water
    Treatment Area 1 East, if any funds remain to be expended after
    the requirements of these provisions have been met, then the
    Secretary of the Interior may transfer, as appropriate, and use
    the remaining funds for Everglades restoration activities
    benefiting the lands and resources managed by the Department of
    the Interior in South Florida, subject to the approval by the
    House and Senate Committees on Appropriations of a
    reprogramming request by the Secretary detailing how the
    remaining funds will be expended for this purpose.

                           administrative provisions

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

                        United States Geological Survey

                     surveys, investigations, and research

        For expenses necessary for the United States Geological
    Survey to perform surveys, investigations, and research
    covering topography, geology, hydrology, biology, and the
    mineral and water resources of the United States, its
    territories and possessions, and other areas as authorized by
    43 U.S.C. 31, 1332, and 1340; classify lands as to their
    mineral and water resources; give engineering supervision to
    power permittees and Federal Energy Regulatory Commission
    licensees; administer the minerals exploration program (30
    U.S.C. 641); and publish and disseminate data relative to the
    foregoing activities; and to conduct inquiries into the
    economic conditions affecting mining and materials processing
    industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
    related purposes as authorized by law and to publish and
    disseminate data; $949,686,000, of which $64,536,000 shall be
    available only for cooperation with States or municipalities
    for water resources investigations; and of which $16,201,000
    shall remain available until expended for conducting inquiries
    into the economic conditions affecting mining and materials
    processing industries; and of which $8,000,000 shall remain
    available until expended for satellite operations; and of which
    $24,390,000 shall be available until September 30, 2005, for
    the operation and maintenance of facilities and deferred
    maintenance; and of which $176,099,000 shall be available until
    September 30, 2005, for the biological research activity and
    the operation of the Cooperative Research Units: Provided, That
    none of these funds provided for the biological research
    activity shall be used to conduct new surveys on private
    property, unless specifically authorized in writing by the
    property owner: Provided further, That no part of this
    appropriation shall be used to pay more than one-half the cost
    of topographic mapping or water resources data collection and
    investigations carried on in cooperation with States and
    municipalities.

                           administrative provisions

        The amount appropriated for the United States Geological
    Survey shall be available for the purchase of not to exceed 53
    passenger motor vehicles, of which 48 are for replacement only;
    reimbursement to the General Services Administration for
    security guard services; contracting for the furnishing of
    topographic maps and for the making of geophysical or other
    specialized surveys when it is administratively determined that
    such procedures are in the public interest; construction and
    maintenance of necessary buildings and appurtenant facilities;
    acquisition of lands for gauging stations and observation
    wells; expenses of the United States National Committee on
    Geology; and payment of compensation and expenses of persons on
    the rolls of the Survey duly appointed to represent the United
    States in the negotiation and administration of interstate
    compacts: Provided, That activities funded by appropriations
    herein made may be accomplished through the use of contracts,
    grants, or cooperative agreements as defined in 31 U.S.C. 6302
    et seq.: Provided further, That notwithstanding the provisions
    of the Federal Grant and Cooperative Agreement Act of 1977 (31
    U.S.C. 6301-6308), the U.S. Geological Survey is authorized to
    continue existing, and hereafter, to enter into new cooperative
    agreements directed towards a particular cooperator, in support
    of joint research and data collection activities with Federal,
    State, and academic partners funded by appropriations herein,
    including those that provide for space in cooperator
    facilities.

                          Minerals Management Service

                    royalty and offshore minerals management

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

                               oil spill research

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

              Office of Surface Mining Reclamation and Enforcement

                           regulation and technology

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

                        abandoned mine reclamation fund

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

                            Bureau of Indian Affairs

                          operation of indian programs

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

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

     indian land and water claim settlements and miscellaneous payments to
                                    indians

                         (INCLUDING TRANSFER OF FUNDS)

        For miscellaneous payments to Indian tribes and individuals
    and for necessary administrative expenses, $60,551,000, to
    remain available until expended; of which $31,766,000 shall be
    available for implementation of enacted Indian land and water
    claim settlements pursuant to Public Laws 101-618, 107-331, and
    102-575, and for implementation of other enacted water rights
    settlements; and of which $18,817,000 shall be available
    pursuant to Public Laws 99-264, 100-580, 106-425, and 106-554;
    and of which $9,968,000 shall be available for payment to the
    Quinault Indian Nation pursuant to the terms of the North
    Boundary Settlement Agreement dated July 14, 2000, providing
    for the acquisition of perpetual conservation easements from
    the Nation: Provided, That of the payment to the Quinault
    Indian Nation, $4,968,000 shall be derived from amounts
    provided under the heading ``United States Fish and Wildlife
    Service, Land Acquisition'' in Public Law 108-7.

                     indian guaranteed loan program account

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

                           administrative provisions

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

                              Departmental Offices

                                Insular Affairs

                           assistance to territories

        For expenses necessary for assistance to territories under
    the jurisdiction of the Department of the Interior,
    $76,343,000, of which: (1) $70,022,000 shall be available until
    expended for technical assistance, including maintenance
    assistance, disaster assistance, insular management controls,
    coral reef initiative activities, and brown tree snake control
    and research; grants to the judiciary in American Samoa for
    compensation and expenses, as authorized by law (48 U.S.C.
    1661(c)); grants to the Government of American Samoa, in
    addition to current local revenues, for construction and
    support of governmental functions; grants to the Government of
    the Virgin Islands as authorized by law; grants to the
    Government of Guam, as authorized by law; and grants to the
    Government of the Northern Mariana Islands as authorized by law
    (Public Law 94-241; 90 Stat. 272); and (2) $6,321,000 shall be
    available for salaries and expenses of the Office of Insular
    Affairs: Provided, That all financial transactions of the
    territorial and local governments herein provided for,
    including such transactions of all agencies or
    instrumentalities established or used by such governments, may
    be audited by the General Accounting Office, at its discretion,
    in accordance with chapter 35 of title 31, United States Code:
    Provided further, That Northern Mariana Islands Covenant grant
    funding shall be provided according to those terms of the
    Agreement of the Special Representatives on Future United
    States Financial Assistance for the Northern Mariana Islands
    approved by Public Law 104-134: Provided further, That of the
    amounts provided for technical assistance, sufficient funds
    shall be made available for a grant to the Pacific Basin
    Development Council: Provided further, That of the amounts
    provided for technical assistance, sufficient funding shall be
    made available for a grant to the Close Up Foundation: Provided
    further, That the funds for the program of operations and
    maintenance improvement are appropriated to institutionalize
    routine operations and maintenance improvement of capital
    infrastructure with territorial participation and cost sharing
    to be determined by the Secretary based on the grantee's
    commitment to timely maintenance of its capital assets:
    Provided further, That any appropriation for disaster
    assistance under this heading in this Act or previous
    appropriations Acts may be used as non-Federal matching funds
    for the purpose of hazard mitigation grants provided pursuant
    to section 404 of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5170c).

                          compact of free association

        For grants and necessary expenses, $6,434,000, as provided
    for in sections 221(a)(2), 221(b), and 233 of the Compact of
    Free Association for the Republic of Palau as authorized by
    Public Law 99-658; section 103(f)(2) of title I of H.J. Res. 63
    or S.J. Res. 16, (as introduced July 8, 2003, and July 14,
    2003, respectively); and section 221(a)(2) of the Compacts of
    Free Association and their related agreements between the
    Government of the United States and the Government of the
    Republic of the Marshall Islands (signed April 30, 2003), and
    between the Government of the United States and the Federated
    States of Micronesia (signed May 14, 2003); to remain available
    until expended. Further, $142,400,000 shall be available until
    expended, of which $76,700,000 shall be provided for the
    Federated States of Micronesia and shall be used for grants and
    necessary expenses as provided for (and in accordance with and
    subject to the terms, conditions, procedures, and requirements
    set forth in) sections 211, 212, 213, 214, and 216 of the
    Compact of Free Association and its related agreements between
    the Government of the United States and the Government of the
    Federated States of Micronesia (signed May 14, 2003);
    $50,700,000 shall be provided for the Republic of the Marshall
    Islands and shall be used for grants and necessary expenses as
    provided for (and in accordance with, and subject to the terms,
    conditions, procedures, and requirements set forth in) sections
    211, 212, 213, 214, 215, and 217 of the Compact of Free
    Association and its related agreements between the Government
    of the United States and the Government of the Republic of the
    Marshall Islands (signed April 30, 2003); and $15,000,000 shall
    be made available for the effect of U.S.-FSM Compact and U.S.-
    RMI Compact, in accordance with, and subject to the terms,
    conditions, procedures, and requirements set forth in section
    104(e) of title I of H.J. Res. 63, or S.J. Res. 16 (as
    introduced July 8, 2003, and July 14, 2003, respectively). The
    funding made available in this paragraph shall not be used to
    fund the Trust Funds of the Compacts of Free Association,
    however measures necessary to set up the Trust Funds in
    accordance with the agreement between the Government of the
    United States and the Government of the Federated States of
    Micronesia (signed May 14, 2003) and the agreement between the
    Government of the United States and the Government of the
    Republic of the Marshall Islands (signed April 30, 2003)
    implementing section 215 and section 216, respectively, of the
    Compacts regarding a Trust Fund are authorized and may
    commence. If the aforementioned H.J. Res. 63, S.J. Res. 16, or
    similar legislation as identified in the President's fiscal
    year 2004 budget to approve the Compacts of Free Association
    (dated April 30, 2003, and May 14, 2003) and their related
    agreements is enacted, any funding made available under this
    paragraph shall be considered to have been made available and
    expended for and under that enacted legislation purposes of
    funding for fiscal year 2004.
        Section 231 of Public Law 99-239 is amended by striking
    ``If these negotiations'' and all that follows through the
    final period and inserting the following: ``The period for the
    enactment of legislation approving the agreements resulting
    from such negotiations shall extend through the earlier of the
    date of the enactment of such legislation or September 30,
    2004, during which time the provisions of this Compact,
    including title three, shall remain in full force and
    effect.''.

                            Departmental Management

                             salaries and expenses

        For necessary expenses for management of the Department of
    the Interior, $78,933,000, of which not to exceed $8,500 may be
    for official reception and representation expenses, and of
    which up to $1,000,000 shall be available for workers
    compensation payments and unemployment compensation payments
    associated with the orderly closure of the United States Bureau
    of Mines: Provided, That of this amount, sufficient funds shall
    be available for the Secretary of the Interior, not later than
    60 days after the last day of the fiscal year, to submit to
    Congress a report on the amount of acquisitions made by the
    Department of the Interior during such fiscal year of articles,
    materials, or supplies that were manufactured outside the
    United States. Such report shall separately indicate the dollar
    value of any articles, materials, or supplies purchased by the
    Department of the Interior that were manufactured outside the
    United States, an itemized list of all waivers under the Buy
    American Act (41 U.S.C. 10a et seq.) that were granted with
    respect to such articles, materials, or supplies, and a summary
    of total procurement funds spent on goods manufactured in the
    United States versus funds spent on goods manufactured outside
    of the United States. The Secretary of the Interior shall make
    the report publicly available by posting the report on an
    Internet website: Provided further, That none of the funds in
    this or previous appropriations Acts may be used to establish
    any additional reserves in the Working Capital Fund account
    other than the two authorized reserves without prior approval
    of the House and Senate Committees on Appropriations.
        Of the unobligated balances in the Special Foreign Currency
    account, $1,400,000 are hereby canceled.

                              WORKING CAPITAL FUND

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

                           payments in lieu of taxes

        For expenses necessary to implement the Act of October 20,
    1976, as amended (31 U.S.C. 6901-6907), $227,500,000, of which
    not to exceed $400,000 shall be available for administrative
    expenses: Provided, That no payment shall be made to otherwise
    eligible units of local government if the computed amount of
    the payment is less than $100.

                            Office of the Solicitor

                             salaries and expenses

        For necessary expenses of the Office of the Solicitor,
    $50,374,000.

                          Office of Inspector General

                             salaries and expenses

        For necessary expenses of the Office of Inspector General,
    $38,749,000, of which $3,812,000 shall be for procurement by
    contract of independent auditing services to audit the
    consolidated Department of the Interior annual financial
    statement and the annual financial statement of the Department
    of the Interior bureaus and offices funded in this Act.

                 Office of Special Trustee for American Indians

                             federal trust programs

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

                           indian land consolidation

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

               Natural Resource Damage Assessment and Restoration

                    natural resource damage assessment fund

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

                           administrative provisions

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

                 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

        Sec. 101. Appropriations made in this title shall be
    available for expenditure or transfer (within each bureau or
    office), with the approval of the Secretary, for the emergency
    reconstruction, replacement, or repair of aircraft, buildings,
    utilities, or other facilities or equipment damaged or
    destroyed by fire, flood, storm, or other unavoidable causes:
    Provided, That no funds shall be made available under this
    authority until funds specifically made available to the
    Department of the Interior for emergencies shall have been
    exhausted: Provided further, That all funds used pursuant to
    this section are hereby designated by Congress to be
    ``emergency requirements'' pursuant to section 502 of H. Con.
    Res. 95, the concurrent resolution on the budget for fiscal
    year 2004, and must be replenished by a supplemental
    appropriation which must be requested as promptly as possible.
        Sec. 102. The Secretary may authorize the expenditure or
    transfer of any no year appropriation in this title, in
    addition to the amounts included in the budget programs of the
    several agencies, for the suppression or emergency prevention
    of wildland fires on or threatening lands under the
    jurisdiction of the Department of the Interior; for the
    emergency rehabilitation of burned-over lands under its
    jurisdiction; for emergency actions related to potential or
    actual earthquakes, floods, volcanoes, storms, or other
    unavoidable causes; for contingency planning subsequent to
    actual oil spills; for response and natural resource damage
    assessment activities related to actual oil spills; for the
    prevention, suppression, and control of actual or potential
    grasshopper and Mormon cricket outbreaks on lands under the
    jurisdiction of the Secretary, pursuant to the authority in
    section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
    emergency reclamation projects under section 410 of Public Law
    95-87; and shall transfer, from any no year funds available to
    the Office of Surface Mining Reclamation and Enforcement, such
    funds as may be necessary to permit assumption of regulatory
    authority in the event a primacy State is not carrying out the
    regulatory provisions of the Surface Mining Act: Provided, That
    appropriations made in this title for wildland fire operations
    shall be available for the payment of obligations incurred
    during the preceding fiscal year, and for reimbursement to
    other Federal agencies for destruction of vehicles, aircraft,
    or other equipment in connection with their use for wildland
    fire operations, such reimbursement to be credited to
    appropriations currently available at the time of receipt
    thereof: Provided further, That for wildland fire operations,
    no funds shall be made available under this authority until the
    Secretary determines that funds appropriated for ``wildland
    fire operations'' shall be exhausted within 30 days: Provided
    further, That all funds used pursuant to this section are
    hereby designated by Congress to be ``emergency requirements''
    pursuant to section 502 of H. Con. Res. 95, the concurrent
    resolution on the budget for fiscal year 2004, and must be
    replenished by a supplemental appropriation which must be
    requested as promptly as possible: Provided further, That such
    replenishment funds shall be used to reimburse, on a pro rata
    basis, accounts from which emergency funds were transferred.
        Sec. 103. Appropriations made in this title shall be
    available for operation of warehouses, garages, shops, and
    similar facilities, wherever consolidation of activities will
    contribute to efficiency or economy, and said appropriations
    shall be reimbursed for services rendered to any other activity
    in the same manner as authorized by sections 1535 and 1536 of
    title 31, United States Code: Provided, That reimbursements for
    costs and supplies, materials, equipment, and for services
    rendered may be credited to the appropriation current at the
    time such reimbursements are received.
        Sec. 104. Appropriations made to the Department of the
    Interior in this title shall be available for services as
    authorized by 5 U.S.C. 3109, when authorized by the Secretary,
    in total amount not to exceed $500,000; hire, maintenance, and
    operation of aircraft; hire of passenger motor vehicles;
    purchase of reprints; payment for telephone service in private
    residences in the field, when authorized under regulations
    approved by the Secretary; and the payment of dues, when
    authorized by the Secretary, for library membership in
    societies or associations which issue publications to members
    only or at a price to members lower than to subscribers who are
    not members.
        Sec. 105. Appropriations available to the Department of the
    Interior for salaries and expenses shall be available for
    uniforms or allowances therefor, as authorized by law (5 U.S.C.
    5901-5902 and D.C. Code 4-204).
        Sec. 106. Annual appropriations made in this title shall be
    available for obligation in connection with contracts issued
    for services or rentals for periods not in excess of 12 months
    beginning at any time during the fiscal year.
        Sec. 107. No funds provided in this title may be expended
    by the Department of the Interior for the conduct of offshore
    preleasing, leasing and related activities placed under
    restriction in the President's moratorium statement of June 12,
    1998, in the areas of northern, central, and southern
    California; the North Atlantic; Washington and Oregon; and the
    eastern Gulf of Mexico south of 26 degrees north latitude and
    east of 86 degrees west longitude.
        Sec. 108. No funds provided in this title may be expended
    by the Department of the Interior to conduct offshore oil and
    natural gas preleasing, leasing and related activities in the
    eastern Gulf of Mexico planning area for any lands located
    outside Sale 181, as identified in thefinal Outer Continental
    Shelf 5-Year Oil and Gas Leasing Program, 1997-2002.
        Sec. 109. No funds provided in this title may be expended
    by the Department of the Interior to conduct oil and natural
    gas preleasing, leasing and related activities in the Mid-
    Atlantic and South Atlantic planning areas.
        Sec. 110. Notwithstanding any other provisions of law, the
    National Park Service shall not develop or implement a reduced
    entrance fee program to accommodate non-local travel through a
    unit. The Secretary may provide for and regulate local non-
    recreational passage through units of the National Park System,
    allowing each unit to develop guidelines and permits for such
    activity appropriate to that unit.
        Sec. 111. Advance payments made under this title to Indian
    tribes, tribal organizations, and tribal consortia pursuant to
    the Indian Self-Determination and Education Assistance Act (25
    U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of
    1988 (25 U.S.C. 2501 et seq.) may be invested by the Indian
    tribe, tribal organization, or consortium before such funds are
    expended for the purposes of the grant, compact, or annual
    funding agreement so long as such funds are--
                (1) invested by the Indian tribe, tribal
            organization, or consortium only in obligations of the
            United States, or in obligations or securities that are
            guaranteed or insured by the United States, or mutual
            (or other) funds registered with the Securities and
            Exchange Commission and which only invest in
            obligations of the United States or securities that are
            guaranteed or insured by the United States; or
                (2) deposited only into accounts that are insured
            by an agency or instrumentality of the United States,
            or are fully collateralized to ensure protection of the
            funds, even in the event of a bank failure.
        Sec. 112. Appropriations made in this Act under the
    headings Bureau of Indian Affairs and Office of Special Trustee
    for American Indians and any unobligated balances from prior
    appropriations Acts made under the same headings shall be
    available for expenditure or transfer for Indian trust
    management and reform activities, except that total funding for
    historical accounting activities shall not exceed amounts
    specifically designated in this Act for such purpose.
        Sec. 113. Notwithstanding any other provision of law, for
    the purpose of reducing the backlog of Indian probate cases in
    the Department of the Interior, the hearing requirements of
    chapter 10 of title 25, United States Code, are deemed
    satisfied by a proceeding conducted by an Indian probate judge,
    appointed by the Secretary without regard to the provisions of
    title 5, United States Code, governing the appointments in the
    competitive service, for such period of time as the Secretary
    determines necessary: Provided, That the basic pay of an Indian
    probate judge so appointed may be fixed by the Secretary
    without regard to the provisions of chapter 51, and subchapter
    III of chapter 53 of title 5, United States Code, governing the
    classification and pay of General Schedule employees, except
    that no such Indian probate judge may be paid at a level which
    exceeds the maximum rate payable for the highest grade of the
    General Schedule, including locality pay.
        Sec. 114. Notwithstanding any other provision of law, the
    Secretary of the Interior is authorized to redistribute any
    Tribal Priority Allocation funds, including tribal base funds,
    to alleviate tribal funding inequities by transferring funds to
    address identified, unmet needs, dual enrollment, overlapping
    service areas or inaccurate distribution methodologies. No
    tribe shall receive a reduction in Tribal Priority Allocation
    funds of more than 10 percent in fiscal year 2004. Under
    circumstances of dual enrollment, overlapping service areas or
    inaccurate distribution methodologies, the 10 percent
    limitation does not apply.
        Sec. 115. Funds appropriated for the Bureau of Indian
    Affairs for postsecondary schools for fiscal year 2004 shall be
    allocated among the schools proportionate to the unmet need of
    the schools as determined by the Postsecondary Funding Formula
    adopted by the Office of Indian Education Programs.
        Sec. 116. (a) The Secretary of the Interior shall take such
    action as may be necessary to ensure that the lands comprising
    the Huron Cemetery in Kansas City, Kansas (as described in
    section 123 of Public Law 106-291) are used only in accordance
    with this section.
        (b) The lands of the Huron Cemetery shall be used only: (1)
    for religious and cultural uses that are compatible with the
    use of the lands as a cemetery; and (2) as a burial ground.
        Sec. 117. Notwithstanding any other provision of law, in
    conveying the Twin Cities Research Center under the authority
    provided by Public Law 104-134, as amended by Public Law 104-
    208, the Secretary may accept and retain land and other forms
    of reimbursement: Provided, That the Secretary may retain and
    use any such reimbursement until expended and without further
    appropriation: (1) for the benefit of the National Wildlife
    Refuge System within the State of Minnesota; and (2) for all
    activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
        Sec. 118. Notwithstanding other provisions of law, the
    National Park Service hereafter may authorize, through
    cooperative agreement, the Golden Gate National Parks
    Association to provide fee-based education, interpretive and
    visitor service functions within the Crissy Field and Fort
    Point areas of the Presidio.
        Sec. 119. Notwithstanding 31 U.S.C. 3302(b), sums received
    by the Bureau of Land Management for the sale of seeds or
    seedlings including those collected in fiscal year 2003, may be
    credited to the appropriation from which funds were expended to
    acquire or grow the seeds or seedlings and are available
    without fiscal year limitation.
        Sec. 120. Subject to the terms and conditions of section
    126 of the Department of the Interior and Related Agencies Act,
    2002, the Administrator of General Services shall sell all
    right, title, and interest of the United States in and to the
    improvements and equipment of the White River Oil Shale Mine.
        Sec. 121. The Secretary of the Interior may use or contract
    for the use of helicopters or motor vehicles on the Sheldon and
    Hart National Wildlife Refuges for the purpose of capturing and
    transporting horses and burros. The provisions of subsection
    (a) of the Act of September 8, 1959(18 U.S.C. 47(a)) shall not
    be applicable to such use. Such use shall be in accordance with humane
    procedures prescribed by the Secretary.
        Sec. 122. Of the funds made available under the heading
    ``Bureau of Land Management, Land Acquisition'' in title I of
    the Department of the Interior and Related Agencies
    Appropriation Act, 2002 (115 Stat. 420), the Secretary of the
    Interior shall grant $500,000 to the City of St. George, Utah,
    for the purchase of the land as provided in the Virgin River
    Dinosaur Footprint Preserve Act (116 Stat. 2896), with any
    surplus funds available after the purchase to be available for
    the purpose of the preservation of the land and the
    paleontological resources on the land.
        Sec. 123. Funds provided in this Act for Federal land
    acquisition by the National Park Service for Shenandoah Valley
    Battlefields National Historic District, New Jersey Pinelands
    Preserve, and Ice Age National Scenic Trail may be used for a
    grant to a State, a local government, or any other governmental
    land management entity for the acquisition of lands without
    regard to any restriction on the use of Federal land
    acquisition funds provided through the Land and Water
    Conservation Fund Act of 1965 as amended.
        Sec. 124. None of the funds made available by this Act may
    be obligated or expended by the National Park Service to enter
    into or implement a concession contract which permits or
    requires the removal of the underground lunchroom at the
    Carlsbad Caverns National Park.
        Sec. 125. None of the funds made available in this Act may
    be used: (1) to demolish the bridge between Jersey City, New
    Jersey, and Ellis Island; or (2) to prevent pedestrian use of
    such bridge, when such pedestrian use is consistent with
    generally accepted safety standards.
        Sec. 126. None of the funds made available in this or any
    other Act for any fiscal year may be used to designate, or to
    post any sign designating, any portion of Canaveral National
    Seashore in Brevard County, Florida, as a clothing-optional
    area or as an area in which public nudity is permitted, if such
    designation would be contrary to county ordinance.
        Sec. 127. None of the funds in this or any other Act can be
    used to compensate the Special Master and the Special Master-
    Monitor, and all variations thereto, appointed by the United
    States District Court for the District of Columbia in the
    Cobell v. Norton litigation at an annual rate that exceeds 200
    percent of the highest Senior Executive Service rate of pay for
    the Washington-Baltimore locality pay area.
        Sec. 128. The Secretary of the Interior may use
    discretionary funds to pay private attorneys fees and costs for
    employees and former employees of the Department of the
    Interior reasonably incurred in connection with Cobell v.
    Norton to the extent that such fees and costs are not paid by
    the Department of Justice or by private insurance. In no case
    shall the Secretary make payments under this section that would
    result in payment of hourly fees in excess of the highest
    hourly rate approved by the District Court for the District of
    Columbia for counsel in Cobell v. Norton.
        Sec. 129. The United States Fish and Wildlife Service
    shall, in carrying out its responsibilities to protect
    threatened and endangered species of salmon, implement a system
    of mass marking of salmonid stocks, intended for harvest, that
    are released from Federally operated or Federally financed
    hatcheries including but not limited to fish releases of coho,
    chinook, and steelhead species. Marked fish must have a visible
    mark that can be readily identified by commercial and
    recreational fishers.
        Sec. 130. Such sums as may be necessary from ``Departmental
    Management, Salaries and Expenses'', may be transferred to
    ``United States Fish and Wildlife Service, Resource
    Management'' for operational needs at the Midway Atoll National
    Wildlife Refuge airport.
        Sec. 131. (a) In General.--Nothing in section 134 of the
    Department of the Interior and Related Agencies Appropriations
    Act, 2002 (115 Stat. 443) affects the decision of the United
    States Court of Appeals for the 10th Circuit in Sac and Fox
    Nation v. Norton, 240 F.3d 1250 (2001).
        (b) Use of Certain Indian Land.--Nothing in this section
    permits the conduct of gaming under the Indian Gaming
    Regulatory Act (25 U.S.C. 2701 et seq.) on land described in
    section 123 of the Department of the Interior and Related
    Agencies Appropriations Act, 2001 (114 Stat. 944), or land that
    is contiguous to that land, regardless of whether the land or
    contiguous land has been taken into trust by the Secretary of
    the Interior.
        Sec. 132. No funds appropriated for the Department of the
    Interior by this Act or any other Act shall be used to study or
    implement any plan to drain Lake Powell or to reduce the water
    level of the lake below the range of water levels required for
    the operation of the Glen Canyon Dam.
        Sec. 133. Notwithstanding the limitation in subparagraph
    (2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25
    U.S.C. 2717(a)), the total amount of all fees imposed by the
    National Indian Gaming Commission for fiscal year 2005 shall
    not exceed $12,000,000.
        Sec. 134. The State of Utah's contribution requirement
    pursuant to Public Law 105-363 shall be deemed to have been
    satisfied and within thirty days of enactment of this Act, the
    Secretary of the Interior shall transfer to the State of Utah
    all right, title, and interest of the United States in and to
    the Wilcox Ranch lands acquired under section 2(b) of Public
    Law 105-363, for management by the Utah Division of Wildlife
    Resources for wildlife habitat and public access to the Ranch
    as well as to adjacent lands managed by the Bureau of Land
    Management.
        Sec. 135. Upon enactment of this Act, the Congaree Swamp
    National Monument shall be designated the Congaree National
    Park.
        Sec. 136. (a) Section 122 of division F of Public Law 108-7
    is amended as follows:
                (1) Paragraph 122(a)(4) is amended to read--
                ``(4) Tribally controlled school.--The term
            `tribally controlled school' means a school that
            currently receives a grant under the Tribally
            Controlled Schools Act of 1988, as amended (25 U.S.C.
            2501 et seq.) or is determined by the Secretary to meet
            the eligibility criteria of section 5205 of the
            Tribally Controlled Schools Act of 1988, as amended (25
            U.S.C. 2504).''.
                (2) Paragraph 122(b)(1) is amended by striking the
            second sentence and inserting: ``The Secretary shall
            ensure that applications for funding to replace schools
            currently receiving funding for facility operation and
            maintenance from the Bureau of Indian Affairs receive
            the highest priority for grants under this section.
            Among such applications, the Secretary shall give
            priority to applications of Indian tribes that agree to
            fund all future facility operation and maintenance
            costs of the tribally controlled school funded under
            the demonstration program from other than Federal
            funds.''.
                (3) Subsection (c) is amended by inserting after
            ``Effect of Grant.--'' the following: ``(1) Except as
            provided in paragraph (2) of this subsection,'' and is
            further amended by adding the following new paragraph:
                ``(2) A tribe receiving a grant for construction of
            a tribally controlled school under this section shall
            not be eligible to receive funding from the Bureau of
            Indian Affairs for that school for education operations
            or facility operation and maintenance if the school
            that was not at the time of the grant: (i) a school
            receiving funding for education operations or facility
            operation and maintenance under the Tribally Controlled
            Schools Act or the Indian Self-Determination and
            Education Assistance Act or (ii) a school operated by
            the Bureau of Indian Affairs.''.
        (b) Notwithstanding the provisions of paragraph (b)(1) of
    section 122 of division F of Public Law 108-7, as amended by
    this Act, the Saginaw-Chippewa tribal school and the Redwater
    Elementary School shall receive priority for funding available
    in fiscal year 2004. The Saginaw-Chippewa tribal school shall
    receive $3,000,000 from prior year funds, and the Redwater
    Elementary School shall receive $6,000,000 available in fiscal
    year 2004.
        Sec. 137. The Secretary shall have no more than one hundred
    and eighty days from October 1, 2003, to prepare and submit to
    the Congress, in a manner otherwise consistent with the Indian
    Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401
    et seq.), plans for the use and distribution of the Mescalero
    Apache Tribe's Judgment Funds from Docket 92-403L, the Pueblo
    of Isleta's Judgment Funds from Docket 98-166L, and the
    Assiniboine and Sioux Tribes of the Fort Peck Reservation's
    Judgment Funds in Docket No. 773-87-L of the United States
    Court of Federal Claims; each plan shall become effective upon
    the expiration of a sixty day period beginning on the day each
    plan is submitted to the Congress.
        Sec. 138. (a) Short Title.--This section may be cited as
    the ``Eastern Band of Cherokee Indians Land Exchange Act of
    2003''.
        (b) Findings and Purposes.--
                (1) Findings.--Congress finds the following:
                        (A) Since time immemorial, the ancestors of
                    the Eastern Band of Cherokee Indians have lived
                    in the Great Smoky Mountains of North Carolina.
                    The Eastern Band's ancestral homeland includes
                    substantial parts of seven eastern States and
                    the land that now constitutes the Great Smoky
                    Mountains National Park.
                        (B) The Eastern Band has proposed a land
                    exchange with the National Park Service and has
                    spent over $1,500,000 for studies to thoroughly
                    inventory the environmental and cultural
                    resources of the proposed land exchange
                    parcels.
                        (C) Such land exchange would benefit the
                    American public by enabling the National Park
                    Service to acquire the Yellow Face tract,
                    comprising 218 acres of land adjacent to the
                    Blue Ridge Parkway.
                        (D) Acquisition of the Yellow Face tract
                    for protection by the National Park Service
                    would serve the public interest by preserving
                    important views for Blue Ridge Parkway
                    visitors, preserving habitat for endangered
                    species and threatened species including the
                    northern flying squirrel and the rock gnome
                    lichen, preserving valuable high altitude
                    wetland seeps, and preserving the property from
                    rapidly advancing residential development.
                        (E) The proposed land exchange would also
                    benefit the Eastern Band by allowing it to
                    acquire the Ravensford tract, comprising 143
                    acres adjacent to the Tribe's trust territory
                    in Cherokee, North Carolina, and currently
                    within the Great Smoky Mountains National Park
                    and Blue Ridge Parkway. The Ravensford tract is
                    part of the Tribe's ancestral homeland as
                    evidenced by archaeological finds dating back
                    no less than 6,000 years.
                        (F) The Eastern Band has a critical need to
                    replace the current Cherokee Elementary School,
                    which was built by the Department of the
                    Interior over 40 years ago with a capacity of
                    480 students. The school now hosts 794 students
                    in dilapidated buildings and mobile classrooms
                    at a dangerous highway intersection in downtown
                    Cherokee, North Carolina.
                        (G) The Eastern Band ultimately intends to
                    build a new three-school campus to serve as an
                    environmental, cultural, and educational
                    ``village,'' where Cherokee language and
                    culture can be taught alongside the standard
                    curriculum.
                        (H) The land exchange and construction of
                    this educational village will benefit the
                    American public by preserving Cherokee
                    traditions and fostering a vibrant, modern, and
                    well-educated Indian nation.
                        (I) The land exchange will also reunify
                    tribal reservation lands now separated between
                    the Big Cove Community and the balance of the
                    Qualla Boundary, reestablishing the territorial
                    integrity of the Eastern Band.
                        (J) The Ravensford tract contains no
                    threatened species or endangered species listed
                    pursuant to the Endangered Species Act of 1973.
                    The 218-acre Yellow Face tract has a number of
                    listed threatened species and endangered
                    species and a higher appraised value than the
                    143-acre Ravensford tract.
                        (K) The American public will benefit from
                    the Eastern Band's commitment to mitigate any
                    impacts on natural and cultural resources on
                    the Ravensford tract, by among other things
                    reducing the requested acreage from 168 to 143
                    acres.
                        (L) The Congress and the Department of the
                    Interior have approved land exchanges in the
                    past when the benefits to the public and
                    requesting party are clear, as they are in this
                    case.
                (2) Purposes.--The purposes of this section are the
            following:
                        (A) To acquire the Yellow Face tract for
                    protection by the National Park Service, in
                    order to preserve the Waterrock Knob area's
                    spectacular views, endangered species and high
                    altitude wetland seeps from encroachment by
                    housing development, for the benefit and
                    enjoyment of the American public.
                        (B) To transfer the Ravensford tract, to be
                    held in trust by the United States for the
                    benefit of the Eastern Band of Cherokee
                    Indians, in order to provide for an education
                    facility that promotes the cultural integrity
                    of the Eastern Band and to reunify two Cherokee
                    communities that were historically contiguous,
                    while mitigating any impacts on natural and
                    cultural resources on the tract.
                        (C) To promote cooperative activities and
                    partnerships between the Eastern band and
    theNational Park Service within the Eastern Band's ancestral homelands.
        (c) Land Exchange.--
                (1) In general.--The Secretary of the Interior
            (``Secretary'') shall exchange the Ravensford tract,
            currently in the Great Smoky Mountains National Park
            and the Blue Ridge Parkway, for the Yellow Face tract
            adjacent to the Waterrock Knob Visitor Center on the
            Blue Ridge Parkway.
                (2) Treatment of exchanged lands.--Effective upon
            receipt by the Secretary of a deed or deeds
            satisfactory to the Secretary for the lands comprising
            the Yellow Face tract (as described in subsection (3))
            to the United States, all right, title, and interest of
            the United States in and to the Ravensford tract (as
            described in subsection (4)), including all
            improvements and appurtenances, are declared to be held
            in trust by the United States for the benefit of the
            Eastern Band of Cherokee Indians as part of the
            Cherokee Indian Reservation.
                (3) Yellow face tract.--The Yellow Face tract shall
            contain Parcels 88 and 89 of the Hornbuckle Tract,
            Yellow Face Section, Qualla Township, Jackson County,
            North Carolina, which consist altogether of
            approximately 218 acres and are depicted as the
            ``Yellow Face Tract'' on the map entitled ``Land
            Exchange Between the National Park Service and the
            Eastern Band of Cherokee Indians,'' numbered 133/
            80020A, and dated November 2002. The map shall be on
            file and available for public inspection in the
            appropriate offices of the National Park Service and
            the Bureau of Indian Affairs. Upon completion of the
            land exchange, the Secretary shall adjust the boundary
            of the Blue Ridge Parkway to include such lands and
            shall manage the lands as part of the parkway.
                (4) Ravensford tract.--The lands declared by
            subsection (2) to be held in trust for the Eastern Band
            of Cherokee Indians shall consist of approximately 143
            acres depicted as the ``Ravensford Tract'' on the map
            identified in subsection (3). Upon completion of the
            land exchange, the Secretary shall adjust the
            boundaries of Great Smoky Mountains National Park and
            the Blue Ridge Parkway to exclude such lands.
                (5) Legal descriptions.--Not later than 1 year
            after the date of enactment of this section, the
            Secretary of the Interior shall file a legal
            description of the areas described in subsections (3)
            and (4) with the Committee on Resources of the House of
            Representatives and the Committee on Indian Affairs and
            the Committee on Energy and Natural Resources of the
            Senate. Such legal descriptions shall have the same
            force and effect as if the information contained in the
            description were included in those subsections except
            that the Secretary may correct clerical and
            typographical errors in such legal descriptions. The
            legal descriptions shall be on file and available for
            public inspection in the offices of the National Park
            Service and the Bureau of Indian Affairs.
        (d) Implementation Process.--
                (1) Government-to-government agreements.--In order
            to fulfill the purposes of this section and to
            establish cooperative partnerships for purposes of this
            section the Director of the National Park Service and
            the Eastern Band of Cherokee Indians shall enter into
            government-to-government consultations and shall
            develop protocols to review planned construction on the
            Ravensford tract. The Director of the National Park
            Service is authorized to enter into cooperative
            agreements with the Eastern Band for the purpose of
            providing training, management, protection,
            preservation, and interpretation of the natural and
            cultural resources on the Ravensford tract.
                (2) Construction standards.--Recognizing the mutual
            interests and responsibilities of the Eastern Band of
            Cherokee Indians and the National Park Service for the
            conservation and protection of the resources on the
            Ravensford tract, the National Park Service and the
            Eastern Band shall develop mutually agreed upon
            standards for size, impact, and design of construction
            consistent with the purposes of this section on the
            Ravensford tract. The standards shall be consistent
            with the Eastern Band's need to develop educational
            facilities and support infrastructure adequate for
            current and future generations and shall otherwise
            minimize or mitigate any adverse impacts on natural or
            cultural resources. The standards shall be based on
            recognized best practices for environmental
            sustainability and shall be reviewed periodically and
            revised as necessary. Development of the tract shall be
            limited to a road and utility corridor, an educational
            campus, and the infrastructure necessary to support
            such development. No new structures shall be
            constructed on the part of the Ravensford tract
            depicted as the ``No New Construction'' area on the map
            referred to in subsection (c)(3), which is generally
            the area north of the point where Big Cove Road crosses
            the Raven Fork River. All development on the Ravensford
            tract shall be conducted in a manner consistent with
            this section and such development standards.
        (e) Gaming Prohibition.--Gaming as defined and regulated by
    the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall
    be prohibited on the Ravensford tract.
        Sec. 139. Notwithstanding any implementation of the
    Department of the Interior's trust reorganization plan within
    fiscal years 2003 or 2004, funds appropriated for fiscal year
    2004 shall be available to the tribes within the California
    Tribal Trust Reform Consortium and to the Salt River Pima
    Maricopa Indian Community, the Confederated Salish-Kootenai
    Tribes of the Flathead Reservation and the Chippewa Cree Tribe
    of the Rocky Boys Reservation on the same basis as funds were
    distributed in fiscal year 2003. This Demonstration Project
    shall operate separate and apart from the Department of the
    Interior's trust reform reorganization, and the Department
    shall not impose its trust management infrastructure upon or
    alter the existing trust resource management systems of the
    above referenced tribes having a self-governance compact and
    operating in accordance with the Tribal Self-Governance Program
    set forth in 25 U.S.C. Sections 458aa-458hh: Provided, That the
    California Trust Reform Consortium and any other participating
    tribe agree to carry out their responsibilites under the same
    fiduciary standards as those to which the Secretary of the
    Interior is held: Provided further, That they demonstrate to
    the satisfaction of the Secretary that they have the capability
    to do so.
        Sec. 140. (a) Short Title.--This section may be cited as
    the ``Blue Ridge National Heritage Area Act of 2003''.
        (b) Findings and Purpose.--
                (1) Findings.--Congress finds that:
                        (A) The Blue Ridge Mountains and the
                    extensive cultural and natural resources of the
                    Blue Ridge Mountains have played a significant
                    role in the history of the United States and
                    the State of North Carolina.
                        (B) Archaeological evidence indicates that
                    the Blue Ridge Mountains have been inhabited by
                    humans since the last retreat of the glaciers,
                    with the Native Americans living in the area at
                    the time of European discovery being primarily
                    of Cherokee descent.
                        (C) The Blue Ridge Mountains of western
                    North Carolina, including the Great Smoky
                    Mountains, played a unique and significant role
                    in the establishment and development of the
                    culture of the United States through several
                    distinct legacies, including--
                                (i) the craft heritage that--
                                        (I) was first influenced by
                                    the Cherokee Indians;
                                        (II) was the origin of the
                                    traditional craft movement
                                    starting in 1900 and the
                                    contemporary craft movement
                                    starting in the 1940's; and
                                        (III) is carried out by
                                    over 4,000 craftspeople in the
                                    Blue Ridge Mountains of western
                                    North Carolina, the third
                                    largest concentration of such
                                    people in the United States;
                                (ii) a musical heritage comprised
                            of distinctive instrumental and vocal
                            traditions that--
                                        (I) includes stringband
                                    music, bluegrass, ballad
                                    singing, blues, and sacred
                                    music;
                                        (II) has received national
                                    recognition; and
                                        (III) has made the region
                                    one of the richest repositories
                                    of traditional music and
                                    folklife in the United States;
                                (iii) the Cherokee heritage--
                                        (I) dating back thousands
                                    of years; and
                                        (II) offering--
                                                (aa) nationally
                                            significant cultural
                                            traditions practiced by
                                            the Eastern Band of
                                            Cherokee Indians;
                                                (bb) authentic
                                            tradition bearers;
                                                (cc) historic
                                            sites; and
                                                (dd) historically
                                            important collections
                                            of Cherokee artifacts;
                                            and
                                (iv) the agricultural heritage
                            established by the Cherokee Indians,
                            including medicinal and ceremonial food
                            crops, combined with the historic
                            European patterns of raising livestock,
                            culminating in the largest number of
                            specialty crop farms in North Carolina.
                        (D) The artifacts and structures associated
                    with those legacies are unusually well-
                    preserved.
                        (E) The Blue Ridge Mountains are recognized
                    as having one of the richest collections of
                    historical resources in North America.
                        (F) The history and cultural heritage of
                    the Blue Ridge Mountains are shared with the
                    States of Virginia, Tennessee, and Georgia.
                        (G) there are significant cultural,
                    economic, and educational benefits in
                    celebrating and promoting this mutual heritage.
                        (H) according to the 2002 reports entitled
                    ``The Blue Ridge Heritage and Cultural
                    Partnership'' and ``Western North Carolina
                    National Heritage Area Feasibility Study and
                    Plan'', the Blue Ridge Mountains contain
                    numerous resources that are of outstanding
                    importance to the history of the United States.
                        (I) it is in the interest of the United
                    States to preserve and interpret the cultural
                    and historical resources of the Blue Ridge
                    Mountains for the education and benefit of
                    present and future generations.
                (2) Purpose.--The purpose of this section is to
            foster a close working relationship with, and to
            assist, all levels of government, the private sector,
            and local communities in the State in managing,
            preserving, protecting, and interpreting the cultural,
            historical, and natural resources of the Heritage Area
            while continuing to develop economic opportunities.
        (c) Definitions.--
                (1) In this section:
                        (A) Heritage area.--The term ``Heritage
                    Area'' means the Blue Ridge National Heritage
                    Area established by subsection (d).
                        (B) Management entity.--The term
                    ``management entity'' means the management
                    entity for the Heritage Area designated by
                    subsection (d)(3).
                        (C) Management plan.--The term ``management
                    plan'' means the management plan for the
                    Heritage Area approved under subsection (e).
                        (D) Secretary.--The term ``Secretary''
                    means the Secretary of the Interior.
                        (E) State.--The term ``State'' means the
                    State of North Carolina.
        (d) Blue Ridge National Heritage Area.--
                (1) Establishment.--There is established the Blue
            Ridge National Heritage Area in the State.
                (2) Boundaries.--The Heritage Area shall consist of
            the counties of Alleghany, Ashe, Avery, Buncombe,
            Burke, Caldwell, Cherokee, Clay, Graham, Haywood,
            Henderson, Jackson, McDowell, Macon, Madison, Mitchell,
            Polk, Rutherford, Surry, Swain, Transylvania, Watauga,
            Wilkes, Yadkin, and Yancey in the State.
                (3) Management entity.--
                        (A) In general.--As a condition of the
                    receipt of funds made available under
                    subsection (i), the Blue Ridge National
                    Heritage Area Partnership shall be the
                    management entity for the Heritage Area.
                        (B) Board of directors.--
                                (i) Composition.--The management
                            entity shall be governed by a board of
                            directors composed of nine members, of
                            whom--
                                        (I) two members shall be
                                    appointed by AdvantageWest;
                                        (II) two members shall be
                                    appointed by HandMade In
                                    America, Inc.;
                                        (III) one member shall be
                                    appointed by the Education
                                    Research Consortium of Western
                                    North Carolina;
                                        (IV) one member shall be
                                    appointed by the Eastern Band
                                    of the Cherokee Indians; and
                                        (V) three members shall be
                                    appointed by the Governor of
                                    North Carolina and shall--
                                                (aa) reside in
                                            geographically diverse
                                            regions of the Heritage
                                            Area;
                                                (bb) be a
                                            representative of State
                                            or local governments or
                                            the private sector; and
                                                (cc) have knowledge
                                            of tourism, economic
                                            and community
                                            development, regional
                                            planning, historic
                                            preservation, cultural
                                            or natural resources
                                            development, regional
                                            planning, conservation,
                                            recreational services,
                                            education, or museum
                                            services.
        (e) Management Plan.--
                (1) In general.--Not later than 3 years after the
            date of enactment of this section, the management
            entity shall submit to the Secretary for approval a
            management plan for the Heritage Area.
                (2) Consideration of other plans and actions.--In
            developing the management plan, the management entity
            shall--
                        (A) for the purpose of presenting a unified
                    preservation and interpretation plan, take into
                    consideration Federal, State, and local plans;
                    and
                        (B) provide for the participation of
                    residents, public agencies, and private
                    organizations in the Heritage Area.
                (3) Contents.--The management plan shall--
                        (A) present comprehensive recommendations
                    and strategies for the conservation, funding,
                    management, and development of the Heritage
                    Area;
                        (B) identify existing and potential sources
                    of Federal and non-Federal funding for the
                    conservation, management, and development of
                    the Heritage Area; and
                        (C) include--
                                (i) an inventory of the cultural,
                            historical, natural, and recreational
                            resources of the Heritage Area,
                            including a list of property that--
                                        (I) relates to the purposes
                                    of the Heritage Area; and
                                        (II) should be conserved,
                                    restored, managed, developed,
                                    or maintained because of the
                                    significance of the property;
                                (ii) a program of strategies and
                            actions for the implementation of the
                            management plan that identifies the
                            roles of agencies and organizations
                            that are involved in the implementation
                            of the management plan;
                                (iii) an interpretive and
                            educational plan for the Heritage Area;
                                (iv) a recommendation of policies
                            for resource management and protection
                            that develop intergovernmental
                            cooperative agreements to manage and
                            protect the cultural, historical,
                            natural, and recreational resources of
                            the Heritage Area; and
                                (v) an analysis of ways in which
                            Federal, State, and local programs may
                            best be coordinated to promote the
                            purposes of this section.
                (4) Effect of failure to submit.--If a management
            plan is not submitted to the Secretary by the date
            described in paragraph (1), the Secretary shall not
            provide any additional funding under this section until
            a management plan is submitted to the Secretary.
                (5) Approval or disapproval of management plan.--
                        (A) In general.--Not later than 90 days
                    after receiving the management plan submitted
                    under paragraph (1), the Secretary shall
                    approve or disapprove the management plan.
                        (B) Criteria.--In determining whether to
                    approve the management plan, the Secretary
                    shall consider whether the management plan--
                                (i) has strong local support from
                            landowners, business interests,
                            nonprofit organizations, and
                            governments in the Heritage Area; and
                                (ii) has a high potential for
                            effective partnership mechanisms.
                        (C) Action following disapproval.--If the
                    Secretary disapproves a management plan under
                    subparagraph (A), the Secretary shall--
                                (i) advise the management entity in
                            writing of the reasons for the
                            disapproval;
                                (ii) make recommendations for
                            revisions to the management plan; and
                                (iii) allow the management entity
                            to submit to the Secretary revisions to
                            the management plan.
                        (D) Deadline for approval of revision.--Not
                    later than 60 days after the date on which a
                    revision is submitted under subparagraph
                    (C)(iii), the Secretary shall approve or
                    disapprove the proposed revision.
                (6) Amendment of approved management plan.--
                        (A) In general.--After approval by the
                    Secretary of a management plan, the management
                    entity shall periodically--
                                (i) review the management plan; and
                                (ii) submit to the Secretary, for
                            review and approval, the recommendation
                            of the management entity for any
                            amendments to the management plan.
                        (B) Use of funds.--No funds made available
                    under subsection (i) shall be used to implement
                    any amendment proposed by the management entity
                    under subparagraph (A) until the Secretary
                    approves the amendment.
        (f) Authorities and Duties of the Management Entity.--
                (1) Authorities.--For the purposes of developing
            and implementing the management plan, the management
            entity may use funds made available under subsection
            (i) to--
                        (A) make grants to, and enter into
                    cooperative agreements with, the State
                    (including a political subdivision), nonprofit
                    organizations, or persons;
                        (B) hire and compensate staff; and
                        (C) enter into contracts for goods and
                    services.
                (2) Duties.--In addition to developing the
            management plan, the management entity shall--
                        (A) develop and implement the management
                    plan while considering the interests of diverse
                    units of government, businesses, private
                    property owners, and nonprofit groups in the
                    Heritage Area;
                        (B) conduct public meetings in the Heritage
                    Area at least semiannually on the development
                    and implementation of the management plan;
                        (C) give priority to the implementation of
                    actions, goals, and strategies in the
                    management plan, including providing assistance
                    to units of government, nonprofit
                    organizations, and persons in--
                                (i) carrying out the programs that
                            protect resources in the Heritage Area;
                                (ii) encouraging economic viability
                            in the Heritage Area in accordance with
                            the goals of the management plan;
                                (iii) establishing and maintaining
                            interpretive exhibits in the Heritage
                            Area;
                                (iv) developing recreational and
                            educational opportunities in the
                            Heritage Area; and
                                (v) increasing public awareness of
                            and appreciation for the cultural,
                            historical, and natural resources of
                            the Heritage Area; and
                        (D) for any fiscal year for which Federal
                    funds are received under subsection (i)--
                                (i) submit to the Secretary a
                            report that describes, for the fiscal
                            year--
                                        (I) the accomplishments of
                                    the management entity;
                                        (II) the expenses and
                                    income of the management
                                    entity; and
                                        (III) each entity to which
                                    a grant was made;
                                (ii) make available for audit by
                            Congress, the Secretary, and
                            appropriate units of government, all
                            records relating to the expenditure of
                            funds and any matching funds; and
                                (iii) require, for all agreements
                            authorizing expenditure of Federal
                            funds by any entity, that the receiving
                            entity make available for audit all
                            records relating to the expenditure of
                            funds.
                (3) Prohibition on the acquisition of real
            property.--The management entity shall not use Federal
            funds received under subsection (i) to acquire real
            property or an interest in real property.
        (g) Technical and Financial Assistance.--
                (1) In general.--The Secretary may provide to the
            management entity technical assistance and, subject to
            the availability of appropriations, financial
            assistance, for use in developing and implementing the
            management plan.
                (2) Priority for assistance.--In providing
            assistance under subsection (a), the Secretary shall
            give priority to actions that facilitate--
                        (A) the preservation of the significant
                    cultural, historical, natural, and recreational
                    resources of the Heritage Area; and
                        (B) the provision of educational,
                    interpretive, and recreational opportunities
                    that are consistent with the resources of the
                    Heritage Area.
        (h) Land Use Regulation.--
                (1) In general.--Nothing in this section--
                        (A) grants any power of zoning or land use
                    to the management entity; or
                        (B) modifies, enlarges, or diminishes any
                    authority of the Federal Government or any
                    State or local government to regulate any use
                    of land under any law (including regulations).
                (2) Private property.--Nothing in this section--
                        (A) abridges the rights of any person with
                    respect to private property;
                        (B) affects the authority of the State or
                    local government with respect to private
                    property; or
                        (C) imposes any additional burden on any
                    property owner.
        (i) Authorization of Appropriations.--
                (1) In general.--There is authorized to be
            appropriated to carry out this section $10,000,000, of
            which not more than $1,000,000 shall be made available
            for any fiscal year.
                (2) Non-federal share.--The non-Federal share of
            the cost of any activities carried out using Federal
            funds made available under subsection (a) shall be not
            less than 50 percent.
        (j) Termination of Authority.--The authority of the
    Secretary to provide assistance under this section terminates
    on the date that is 15 years after the date of enactment of
    this section.
        Sec. 141. (a) Payment to the Harriet Tubman Home, Auburn,
    New York, Authorized.--(1) The Secretary of the Interior may,
    using amounts appropriated or otherwise made available by this
    title, make a payment to the Harriet Tubman Home in Auburn, New
    York, in the amount of $11,750.
        (2) The amount specified in paragraph (1) is the amount of
    widow's pension that Harriet Tubman should have received from
    January 1899 to March 1913 under various laws authorizing
    pension for the death of her husband, Nelson Davis, a deceased
    veteran of the Civil War, but did not receive, adjusted for
    inflation since March 1913.
        (b) Use of Amounts.--The Harriet Tubman Home shall use
    amounts paid under subsection (a) for the purposes of--
                (1) preserving and maintaining the Harriet Tubman
            Home; and
                (2) honoring the memory of Harriet Tubman.
        Sec. 142. Nonrenewable grazing permits authorized in the
    Jarbidge Field Office, Bureau of Land Management within the
    past seven years shall be renewed under section 402 of the
    Federal Land Policy and Management Act of 1976, as amended (43
    U.S.C. 1752) and under section 3 of the Taylor Grazing Act of
    1934, as amended (43 U.S.C. 315b). The terms and conditions
    contained in the most recently expired nonrenewable grazing
    permit shall continue in effect under the renewed permit. Upon
    completion of any required analysis or documentation, the
    permit may be canceled, suspended or modified, in whole or in
    part, to meet the requirements of applicable laws and
    regulations. Nothing in this section shall be deemed to extend
    the nonrenewable permits beyond the standard one-year term.
        Sec. 143. Interim Compensation Payments.--Section 2303(b)
    of Public Law 106-246 (114 Stat. 549) is amended by inserting
    before the period at the end the following: ``, unless the
    amount of the interim compensation exceeds the amount of the
    final compensation''.
        Sec. 144. Pursuant to section 10101f(d)(3) of the Omnibus
    Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3), the
    following claims shall be given notice of defect and the
    opportunity to cure: AKFF054162-AKFF054163, AKFF054165-
    AKFF054166, and AKFF054170-AKFF054171.
        Sec. 145. None of the funds appropriated or otherwise made
    available by this or any other Act, hereafter enacted, may be
    used to permit the use of the National Mall for a special
    event, unless the permit expressly prohibits the erection,
    placement, or use of structures and signs bearing commercial
    advertising. The Secretary may allow for recognition of
    sponsors of special events: Provided, That the size and form of
    the recognition shall be consistent with the special nature and
    sanctity of the Mall and any lettering or design identifying
    the sponsor shall be no larger than one-third the size of the
    lettering or design identifying the special event. In approving
    special events, the Secretary shall ensure, to the maximum
    extent practicable, that public use of, and access to the Mall
    is not restricted. For purposes of this section, the term
    ``special event'' shall have the meaning given to it by section
    7.96(g)(1)(ii) of title 36, Code of Federal Regulations.
        Sec. 146. In addition to amounts provided to the Department
    of the Interior in this Act, $5,000,000 is provided for a grant
    to Kendall County, Illinois.
        Sec. 147. Conveyance to the City of Las Vegas, Nevada.--
    Section 705(b) of the Clark County Conservation of Public Land
    and Natural Resources Act of 2002 (116 Stat. 2015) is amended
    by inserting after ``map'' the following: ``and the
    approximately 10 acres of land in Clark County, Nevada,
    described as the NW\1/4\ SE\1/4\ SW\1/4\ of section 28, T. 20
    S., R. 60 E., Mount Diablo Base and Meridian''.
        Sec. 148.  Congaree Swamp National Monument Boundary
    Revision.--The first section of Public Law 94-545 (90 Stat.
    2517; 102 Stat. 2607) is amended--
                (1) in subsection (b), by striking the last
            sentence; and
                (2) by adding at the end the following:
        ``(c) Acquisition of Additional Land.--
                ``(1) In general.--The Secretary may acquire by
            donation, by purchase from a willing seller with
            donated or appropriated funds, by transfer, or by
            exchange, land or an interest in land described in
            paragraph (2) for inclusion in the monument.
                ``(2) Description of land.--The land referred to in
            paragraph (1) is the approximately 4,576 acres of land
            adjacent to the Monument, as depicted on the map
            entitled ``Congaree National Park Boundary Map'',
            numbered 178/80015, and dated August 2003.
                ``(3) Availability of map.--The map referred to in
            paragraph (2) shall be on file and available for public
            inspection in the appropriate offices of the National
            Park Service.
                ``(4) Boundary revision.--On acquisition of the
            land or an interest in land under paragraph (1), the
            Secretary shall revise the boundary of the monument to
            reflect the acquisition.
                ``(5) Administration.--Any land acquired by the
            Secretary under paragraph (1) shall be administered by
            the Secretary as part of the monument.
                ``(6) Effect.--Nothing in this section--
                        ``(A) affects the use of private land
                    adjacent to the monument;
                        ``(B) preempts the authority of the State
                    with respect to the regulation of hunting,
                    fishing, boating, and wildlife management on
                    private land or water outside the boundaries of
                    the monument; or
                        ``(C) negatively affects the economic
                    development of the areas surrounding the
                    monument.
        ``(d) Acreage Limitation.--The total acreage of the
    monument shall not exceed 26,776 acres.''.
        Sec. 149. Section 104 (16 U.S.C. 1374) is amended in
    subsection (c)(5)(D) by striking ``the date of the enactment of
    the Marine Mammal Protection Act Amendments of 1994'' and
    inserting ``February 18, 1997''.
        Sec. 150. The National Park Service shall issue a special
    regulation concerning continued hunting at New River Gorge
    National River in compliance with the requirements of the
    Administrative Procedures Act, with opportunity for public
    comment, and shall also comply with the National Environmental
    Policy Act as appropriate. Notwithstanding any other provision
    of law, the September 25, 2003 interim final rule authorizing
    continued hunting at New River Gorge National River shall be in
    effect until the final special regulation supercedes it.

                           TITLE II--RELATED AGENCIES

                           DEPARTMENT OF AGRICULTURE

                                 Forest Service

                         FOREST AND RANGELAND RESEARCH

        For necessary expenses of forest and rangeland research as
    authorized by law, $269,710,000, to remain available until
    expended: Provided, That of the funds provided, $52,359,000 is
    for the forest inventory and analysis program.

                           state and private forestry

        For necessary expenses of cooperating with and providing
    technical and financial assistance to States, territories,
    possessions, and others, and for forest health management,
    including treatments of pests, pathogens, and invasive or
    noxious plants and for restoring and rehabilitating forests
    damaged by pests or invasive plants, cooperative forestry, and
    education and land conservation activities and conducting an
    international program as authorized, $308,140,000, to remain
    available until expended, as authorized by law of which
    $64,934,000 is to be derived from the Land and Water
    Conservation Fund: Provided, That none of the funds provided
    under this heading for the acquisition of lands or interests in
    lands shall be available until the Forest Service notifies the
    House Committee on Appropriations and the Senate Committee on
    Appropriations, in writing, of specific contractual and grant
    details including the non-Federal cost share of each project,
    related to the acquisition of lands or interests in lands to be
    undertaken with such funds: Provided further, That each forest
    legacy grant shall be for a specific project or set of specific
    tasks: Provided further, That grants for acquisition of lands
    or conservation easements shall require that the State
    demonstrates that 25 percent of the total value of the project
    is comprised of a non-Federal cost share: Provided further,
    That notwithstanding any other provision of law, of the funds
    provided under this heading, $500,000 shall be made available
    to Kake Tribal Corporation as an advance direct lump sum
    payment to implement the Kake Tribal Corporation Land Transfer
    Act (Public Law 106-283).

                             national forest system

        For necessary expenses of the Forest Service, not otherwise
    provided for, for management, protection, improvement, and
    utilization of the National Forest System, $1,382,916,000, to
    remain available until expended, which shall include 50 percent
    of all moneys received during prior fiscal years as fees
    collected under the Land and Water Conservation Fund Act of
    1965, as amended, in accordance with section 4 of the Act (16
    U.S.C. 460l-6a(i)): Provided, That unobligated balances
    available at the start of fiscal year 2004 shall be displayed
    by budget line item in the fiscal year 2005 budget
    justification: Provided further, That the Secretary may
    authorize the expenditure or transfer of such sums as necessary
    to the Department of the Interior, Bureau of Land Management,
    for removal, preparation, and adoption of excess wild horses
    and burros from National Forest System lands, and for the
    performance of cadastral surveys to designate the boundaries of
    such lands: Provided further, That of the funds provided under
    this heading for Forest Products, $5,000,000 shall be allocated
    to the Alaska Region, in addition to its normal allocation for
    the purposes of preparing additional timber for sale, to
    establish a 3-year timber supply and such funds may be
    transferred to other appropriations accounts as necessary to
    maximize accomplishment: Provided further, That of the funds
    provided under this heading, $3,150,000 is for expenses
    required to implement title I of Public Law 106-248, to be
    segregated in a separate fund established by the Secretary of
    Agriculture: Provided further, That within funds available for
    the purpose of implementing the Valles Caldera Preservation
    Act, notwithstanding the limitations of section 107(e)(2) of
    the Valles Caldera Preservation Act (Public Law 106-248), for
    fiscal year 2004, the Chair of the Board of Trustees of the
    Valles Caldera Trust may receive, upon request, compensation
    for each day (including travel time) that the Chair is engaged
    in the performance of the functions of the Board, except that
    compensation shall not exceed the daily equivalent of the
    annual rate in effect for members of the Senior Executive
    Service at the ES-1 level, and shall be in addition to any
    reimbursement for travel, subsistence and other necessary
    expenses incurred by the Chair in the performance of the
    Chair's duties.
        For an additional amount to reimburse the Judgment Fund as
    required by 41 U.S.C. 612(c) for judgment liabilities
    previously incurred, $188,405,000.

                            wildland fire management

        For necessary expenses for forest fire presuppression
    activities on National Forest System lands, for emergency fire
    suppression on or adjacent to such lands or other lands under
    fire protection agreement, hazardous fuels reduction on or
    adjacent to such lands, and for emergency rehabilitation of
    burned-over National Forest System lands and water,
    $1,643,212,000, to remain available until expended: Provided,
    That such funds including unobligated balances under this head,
    are available for repayment of advances from other
    appropriations accounts previously transferred for such
    purposes: Provided further, That such funds shall be available
    to reimburse State and other cooperating entities for services
    provided in response to wildfire and other emergencies or
    disasters to the extent such reimbursements by the Forest
    Service for non-fire emergencies are fully repaid by the
    responsible emergency management agency: Provided further, That
    not less than 50 percent of any unobligated balances remaining
    (exclusive of amounts for hazardous fuels reduction) at the end
    of fiscal year 2003 shall be transferred, as repayment for past
    advances that have not been repaid, to the fund established
    pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et
    seq.): Provided further, That notwithstanding any other
    provision of law, $8,000,000 of funds appropriated under this
    appropriation shall be used for Fire Science Research in
    support of the Joint Fire Science Program: Provided further,
    That all authorities for the use of funds, including the use of
    contracts, grants, and cooperative agreements, available to
    execute the Forest and Rangeland Research appropriation, are
    also available in the utilization of these funds for Fire
    Science Research: Provided further, That funds provided shall
    be available for emergency rehabilitation and restoration,
    hazardous fuels reduction activities in the urban-wildland
    interface, support to Federal emergency response, and wildfire
    suppression activities of the Forest Service: Provided further,
    That of the funds provided, $236,392,000 is for hazardous fuels
    reduction activities, $7,000,000 is for rehabilitation and
    restoration, $22,300,000 is for research activities and to make
    competitive research grants pursuant to the Forest and
    Rangeland Renewable Resources Research Act, as amended (16
    U.S.C. 1641 et seq.), $51,700,000 is for State fire assistance,
    $8,240,000 is for volunteer fire assistance, $25,000,000 is for
    forest health activities on State, private, and Federal lands:
    Provided further, That amounts in this paragraph may be
    transferred to the ``State and Private Forestry'', ``National
    Forest System'', and ``Forest and Rangeland Research'' accounts
    to fund State fire assistance, volunteer fire assistance,
    forest health management, forest and rangeland research,
    vegetation and watershed management, heritage site
    rehabilitation, and wildlife and fish habitat management and
    restoration: Provided further, That transfers of any amounts in
    excess of those authorized in this paragraph, shall require
    approval of the House and Senate Committees on Appropriations
    in compliance with reprogramming procedures contained in the
    statement of managers accompanying this Act: Provided further,
    That the costs of implementing any cooperative agreement
    between the Federal Government and any non-Federal entity may
    be shared, as mutually agreed on by the affected parties:
    Provided further, That in addition to funds provided for State
    Fire Assistance programs, and subject to all authorities
    available to the Forest Service under the State and Private
    Forestry Appropriations, up to $15,000,000 may be used on
    adjacent non-Federal lands for the purpose of protecting
    communities when hazard reduction activities are planned on
    national forest lands that have the potential to place such
    communities at risk: Provided further, That included in funding
    for hazardous fuel reduction is $5,000,000 for implementing the
    Community Forest Restoration Act, Public Law 106-393, title VI,
    and any portion of such funds shall be available for use on
    non-Federal lands in accordance with authorities available to
    the Forest Service under the State and Private Forestry
    Appropriation: Provided further, That in using the funds
    provided in this Act for hazardous fuels reduction activities,
    the Secretary of Agriculture may conduct fuel reduction
    treatments on Federal lands using all contracting and hiring
    authorities available to the Secretary applicable to hazardous
    fuel reduction activities under the wildland fire management
    accounts: Provided further, That notwithstanding Federal
    Government procurement and contracting laws, the Secretaries
    may conduct fuel reduction treatments, rehabilitation and
    restoration, and other activities authorized under this heading
    on and adjacent to Federal lands using grants and cooperative
    agreements: Provided further, That notwithstanding Federal
    Government procurement and contracting laws, in order to
    provide employment and training opportunities to people in
    rural communities, the Secretaries may award contracts,
    including contracts for monitoring activities, to local
    private, non-profit, or cooperative entities; Youth
    Conservation Corps crews or related partnerships, with State,
    local and non-profit youth groups; small or micro-businesses;
    or other entities that will hire or train a significant
    percentage of local people to complete such contracts: Provided
    further, That the authorities described above relating to
    contracts, grants, and cooperative agreements are available
    until all funds provided in this title for hazardous fuels
    reduction activities in the urban wildland interface are
    obligated: Provided further, That the Secretary of the Interior
    and the Secretary of Agriculture may authorize the transfer of
    funds appropriated for wildland fire management, in an
    aggregate amount not to exceed $12,000,000, between the
    Departments when such transfers would facilitate and expedite
    jointly funded wildland fire management programs and projects.
        For an additional amount, $301,000,000, to repay prior year
    advances from other appropriations from which funds were
    transferred for wildfire suppression and emergency
    rehabilitation activities: Provided, That this additional
    amount is designated by the Congress as an emergency
    requirement pursuant to section 502 of H. Con. Res. 95 (108th
    Congress), the concurrent resolution on the budget for fiscal
    year 2004: Provided further, That this additional amount and
    $253,000,000 of the funds appropriated to the Forest Service
    for the repayment of advances for fire suppression in Public
    Law 108-83, shall be transferred to the following Forest
    Service accounts: $96,000,000 to the Land Acquisition account,
    $95,000,000 to the Capital Improvement and Maintenance account,
    $9,000,000 to theWorking Capital Fund, $52,000,000 to the
    National Forest System account, $31,000,000 to the State and Private
    Forestry account, $10,000,000 to the Forest and Rangeland Research
    account, $35,000,000 to the Salvage Sale fund, $28,000,000 to the
    Timber Purchaser Election account, $154,000,000 to the Knutson
    Vandenburg fund, $20,000,000 to the Brush Disposal account, $14,000,000
    to the Forest Service Recreation Fee Demonstration fund, and
    $10,000,000 to the Forest Land Enhancement Program account.

                      capital improvement and maintenance

        For necessary expenses of the Forest Service, not otherwise
    provided for, $562,154,000, to remain available until expended
    for construction, reconstruction, maintenance and acquisition
    of buildings and other facilities, and for construction,
    reconstruction, repair, decommissioning, and maintenance of
    forest roads and trails by the Forest Service as authorized by
    16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That up
    to $15,000,000 of the funds provided herein for road
    maintenance shall be available for the decommissioning of
    roads, including unauthorized roads not part of the
    transportation system, which are no longer needed: Provided
    further, That no funds shall be expended to decommission any
    system road until notice and an opportunity for public comment
    has been provided on each decommissioning project: Provided
    further, That the Forest Service shall transfer $350,000
    appropriated in Public Law 108-7 within the Capital Improvement
    and Maintenance appropriation to the State and Private Forestry
    appropriation, and shall provide these funds for planning and
    construction of backcountry huts in Alaska.

                                land acquisition

        For expenses necessary to carry out the provisions of the
    Land and Water Conservation Fund Act of 1965, as amended (16
    U.S.C. 460l-4 through 11), including administrative expenses,
    and for acquisition of land or waters, or interest therein, in
    accordance with statutory authority applicable to the Forest
    Service, $67,191,000, to be derived from the Land and Water
    Conservation Fund and to remain available until expended:
    Provided, That notwithstanding any limitations of the Land and
    Water Conservation Fund Act (16 U.S.C. 460l-9), the Secretary
    of Agriculture is henceforth authorized to utilize any funds
    appropriated under this heading from the Land and Water
    Conservation Fund to acquire Mental Health Trust lands in
    Alaska and, upon Federal acquisition, the boundaries of the
    Tongass National Forest shall be deemed modified to include
    such lands.

             acquisition of lands for national forests special acts

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

                acquisition of lands to complete land exchanges

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

                             range betterment fund

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

        gifts, donations and bequests for forest and rangeland research

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

            management of national forest lands for subsistence uses

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

                   administrative provisions, forest service

        Appropriations to the Forest Service for the current fiscal
    year shall be available for: (1) purchase of not to exceed 124
    passenger motor vehicles of which 21 will be used primarily for
    law enforcement purposes and of which 124 shall be for
    replacement; acquisition of 25 passenger motor vehicles from
    excess sources, and hire of such vehicles; operation and
    maintenance of aircraft to maintain the operable fleet at 195
    aircraft for use in Forest Service wildland fire programs and
    other Forest Service programs; notwithstanding other provisions
    of law, existing aircraft being replaced may be sold, with
    proceeds derived or trade-in value used to offset the purchase
    price for the replacement aircraft; (2) services pursuant to 7
    U.S.C. 2225, and not to exceed $100,000 for employment under 5
    U.S.C. 3109; (3) purchase, erection, and alteration of
    buildings and other public improvements (7 U.S.C. 2250); (4)
    acquisition of land, waters, and interests therein pursuant to
    7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in
    the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a
    note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901-
    5902; and (7) for debt collection contracts in accordance with
    31 U.S.C. 3718(c).
        None of the funds made available under this Act shall be
    obligated or expended to abolish any region, to move or close
    any regional office for National Forest System administration
    of the Forest Service, Department of Agriculture without the
    consent of the House and Senate Committees on Appropriations.
        Any appropriations or funds available to the Forest Service
    may be transferred to the Wildland Fire Management
    appropriation for forest firefighting, emergency rehabilitation
    of burned-over or damaged lands or waters under its
    jurisdiction, and fire preparedness due to severe burning
    conditions if and only if all previously appropriated emergency
    contingent funds under the heading``Wildland Fire Management''
    have been released by the President and apportioned and all wildfire
    suppression funds under the heading ``Wildland Fire Management'' are
    obligated.
        The first transfer of funds into the Wildland Fire
    Management account shall include unobligated funds, if
    available, from the Land Acquisition account and the Forest
    Legacy program within the State and Private Forestry account.
        Funds appropriated to the Forest Service shall be available
    for assistance to or through the Agency for International
    Development and the Foreign Agricultural Service in connection
    with forest and rangeland research, technical information, and
    assistance in foreign countries, and shall be available to
    support forestry and related natural resource activities
    outside the United States and its territories and possessions,
    including technical assistance, education and training, and
    cooperation with United States and international organizations.
        None of the funds made available to the Forest Service
    under this Act shall be subject to transfer under the
    provisions of section 702(b) of the Department of Agriculture
    Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless the
    proposed transfer is approved in advance by the House and
    Senate Committees on Appropriations in compliance with the
    reprogramming procedures contained in the statement of managers
    accompanying this Act.
        None of the funds available to the Forest Service may be
    reprogrammed without the advance approval of the House and
    Senate Committees on Appropriations in accordance with the
    reprogramming procedures contained in the statement of managers
    accompanying this Act.
        No funds available to the Forest Service shall be
    transferred to the Working Capital Fund of the Department of
    Agriculture that exceed the total amount transferred during
    fiscal year 2000 for such purposes without the advance approval
    of the House and Senate Committees on Appropriations.
        Funds available to the Forest Service shall be available to
    conduct a program of not less than $2,000,000 for high priority
    projects within the scope of the approved budget which shall be
    carried out by the Youth Conservation Corps.
        Of the funds available to the Forest Service, $2,500 is
    available to the Chief of the Forest Service for official
    reception and representation expenses.
        Pursuant to sections 405(b) and 410(b) of Public Law 101-
    593, of the funds available to the Forest Service, $3,000,000
    may be advanced in a lump sum to the National Forest Foundation
    to aid conservation partnership projects in support of the
    Forest Service mission, without regard to when the Foundation
    incurs expenses, for administrative expenses or projects on or
    benefitting National Forest System lands or related to Forest
    Service programs: Provided, That of the Federal funds made
    available to the Foundation, no more than $350,000 shall be
    available for administrative expenses: Provided further, That
    the Foundation shall obtain, by the end of the period of
    Federal financial assistance, private contributions to match on
    at least one-for-one basis funds made available by the Forest
    Service: Provided further, That the Foundation may transfer
    Federal funds to a non-Federal recipient for a project at the
    same rate that the recipient has obtained the non-Federal
    matching funds: Provided further, That authorized investments
    of Federal funds held by the Foundation may be made only in
    interest-bearing obligations of the United States or in
    obligations guaranteed as to both principal and interest by the
    United States.
        Pursuant to section 2(b)(2) of Public Law 98-244,
    $2,650,000 of the funds available to the Forest Service shall
    be available for matching funds to the National Fish and
    Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, and
    may be advanced in a lump sum to aid conservation partnership
    projects in support of the Forest Service mission, without
    regard to when expenses are incurred, for projects on or
    benefitting National Forest System lands or related to Forest
    Service programs: Provided, That the Foundation shall obtain,
    by the end of the period of Federal financial assistance,
    private contributions to match on at least one-for-one basis
    funds advanced by the Forest Service: Provided further, That
    the Foundation may transfer Federal funds to a non-Federal
    recipient for a project at the same rate that the recipient has
    obtained the non-Federal matching funds.
        Funds appropriated to the Forest Service shall be available
    for interactions with and providing technical assistance to
    rural communities for sustainable rural development purposes.
        Funds appropriated to the Forest Service shall be available
    for payments to counties within the Columbia River Gorge
    National Scenic Area, pursuant to sections 14(c)(1) and (2),
    and section 16(a)(2) of Public Law 99-663.
        Not later than 60 days after the date of the enactment of
    this Act, the Secretary of Agriculture shall submit to
    Congress, and make available to interested persons, a report
    containing the results of a management review of outfitter and
    guiding operations in the John Muir, Ansel Adams, and Dinkey
    Lakes Wilderness Areas of the Inyo and Sierra National Forests,
    California. The report shall include information regarding: (1)
    how the Secretary intends to minimize adverse impacts on the
    historic access rights of special use permittees in these three
    wilderness areas; and (2) how the Secretary intends to ensure
    timely compliance with the requirements of the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
        Notwithstanding any other provision of law, any
    appropriations or funds available to the Forest Service not to
    exceed $500,000 may be used to reimburse the Office of the
    General Counsel (OGC), Department of Agriculture, for travel
    and related expenses incurred as a result of OGC assistance or
    participation requested by the Forest Service at meetings,
    training sessions, management reviews, land purchase
    negotiations and similar non-litigation related matters. Future
    budget justifications for both the Forest Service and the
    Department of Agriculture should clearly display the sums
    previously transferred and the requested funding transfers.
        Any appropriations or funds available to the Forest Service
    may be used for necessary expenses in the event of law
    enforcement emergencies as necessary to protect natural
    resources and public or employee safety: Provided, That such
    amounts shall not exceed $1,000,000.
        From funds available to the Forest Service in this Act for
    payment of costs in accordance with subsection 413(d) of Title
    IV, Public Law 108-7, $3,000,000 shall be transferred by the
    Secretary of Agriculture to the Secretary of the Treasury to
    make reimbursement payments as provided in such subsection.
        The Secretary of Agriculture may authorize the sale of
    excess buildings, facilities, and other properties owned by the
    Forest Service and located on the Green Mountain National
    Forest, the revenues of which shall be retained by the Forest
    Service and available to the Secretary without further
    appropriation and until expended for maintenance and
    rehabilitation activities on the Green Mountain National
    Forest.
        The Secretary of Agriculture may transfer or reimburse
    funds available to the Forest Service, not to exceed
    $15,000,000, to the Secretary of the Interior or the Secretary
    of Commerce to expedite conferencing and consultations as
    required under section 7 of the Endangered Species Act, 16
    U.S.C. 1536. The amount of the transfer or reimbursement shall
    be as mutually agreed by the Secretary of Agriculture and the
    Secretary of the Interior or Secretary of Commerce, as
    applicable, or their designees. The amount shall in no case
    exceed the actual costs of consultation and conferencing.
        Beginning on June 30, 2001 and concluding on December 31,
    2004, an eligible individual who is employedin any project
    funded under Title V of the Older American Act of 1965 (42 U.S.C. 3056
    et seq.) and administered by the Forest Service shall be considered to
    be a Federal employee for purposes of chapter 171 of title 28, United
    States Code.
        Any funds appropriated to the Forest Service may be used to
    meet the non-Federal share requirement in section 502(c) of the
    Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
        The Secretary of Agriculture may authorize the sale of
    excess buildings, facilities, and other properties owned by the
    Forest Service and located on the Wasatch-Cache National
    Forest, the revenues of which shall be retained by the Forest
    Service and available to the Secretary without further
    appropriation and until expended for acquisition and
    construction of administrative sites on the Wasatch-Cache
    National Forest.

                              DEPARTMENT OF ENERGY

                             clean coal technology

                           (DEFERRAL AND RESCISSION)

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

                     fossil energy research and development

        For necessary expenses in carrying out fossil energy
    research and development activities, under the authority of the
    Department of Energy Organization Act (Public Law 95-91),
    including the acquisition of interest, including defeasible and
    equitable interests in any real property or any facility or for
    plant or facility acquisition or expansion, and for conducting
    inquiries, technological investigations and research concerning
    the extraction, processing, use, and disposal of mineral
    substances without objectionable social and environmental costs
    (30 U.S.C. 3, 1602, and 1603), $681,163,000, to remain
    available until expended, of which $4,000,000 is to continue a
    multi-year project for construction, renovation, furnishing,
    and demolition or removal of buildings at National Energy
    Technology Laboratory facilities in Morgantown, West Virginia
    and Pittsburgh, Pennsylvania; of which not to exceed $536,000
    may be utilized for travel and travel-related expenses incurred
    by the headquarters staff of the Office of Fossil Energy; and
    of which $172,000,000 are to be made available, after
    coordination with the private sector, for a request for
    proposals for a Clean Coal Power Initiative providing for
    competitively-awarded research, development, and demonstration
    projects to reduce the barriers to continued and expanded coal
    use: Provided, That no project may be selected for which
    sufficient funding is not available to provide for the total
    project: Provided further, That funds shall be expended in
    accordance with the provisions governing the use of funds
    contained under the heading ``Clean Coal Technology'' in 42
    U.S.C. 5903d: Provided further, That the Department may include
    provisions for repayment of Government contributions to
    individual projects in an amount up to the Government
    contribution to the project on terms and conditions that are
    acceptable to the Department including repayments from sale and
    licensing of technologies from both domestic and foreign
    transactions: Provided further, That such repayments shall be
    retained by the Department for future coal-related research,
    development and demonstration projects: Provided further, That
    any technology selected under this program shall be considered
    a Clean Coal Technology, and any project selected under this
    program shall be considered a Clean Coal Technology Project,
    for the purposes of 42 U.S.C. 7651n, and Chapters 51, 52, and
    60 of title 40 of the Code of Federal Regulations: Provided
    further, That no part of the sum herein made available shall be
    used for the field testing of nuclear explosives in the
    recovery of oil and gas: Provided further, That up to 4 percent
    of program direction funds available to the National Energy
    Technology Laboratory may be used to support Department of
    Energy activities not included in this account.

                     naval petroleum and oil shale reserves

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

                          elk hills school lands fund

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

                              ENERGY CONSERVATION

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

                              economic regulation

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

                          strategic petroleum reserve

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

                       northeast home heating oil reserve

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

                       energy information administration

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

                administrative provisions, department of energy

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

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                             Indian Health Service

                             indian health services

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

                            indian health facilities

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

                administrative provisions, indian health service

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

                             OTHER RELATED AGENCIES

                  Office of Navajo and Hopi Indian Relocation

                             salaries and expenses

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

        Institute of American Indian and Alaska Native Culture and Arts
                                  Development

                            payment to the institute

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

                            Smithsonian Institution

                             salaries and expenses

        For necessary expenses of the Smithsonian Institution, as
    authorized by law, including research in the fields of art,
    science, and history; development, preservation, and
    documentation of the National Collections; presentation of
    public exhibits and performances; collection, preparation,
    dissemination, and exchange of information and publications;
    conduct of education, training, and museum assistance programs;
    maintenance, alteration, operation, lease (for terms not to
    exceed 30 years), and protection of buildings, facilities, and
    approaches; not to exceed $100,000 for services as authorized
    by 5 U.S.C. 3109; up to five replacement passenger vehicles;
    purchase, rental, repair, and cleaning of uniforms for
    employees, $494,748,000, of which not to exceed $46,903,000 for
    the instrumentation program, collections acquisition,
    exhibition reinstallation, the National Museum of the American
    Indian, and the repatriation of skeletal remains program shall
    remain available until expended; and of which $828,000 for
    fellowships and scholarly awards shall remain available until
    September 30, 2005; and including such funds as may be
    necessary to support American overseas research centers and a
    total of $125,000 for the Council of American Overseas Research
    Centers: Provided, That funds appropriated herein are available
    for advance payments to independent contractors performing
    research services or participating in official Smithsonian
    presentations: Provided further, That the Smithsonian
    Institution may expend Federal appropriations designated in
    this Act for lease or rent payments for long term and swing
    space, as rent payable to the Smithsonian Institution, and such
    rent payments may be deposited into the general trust funds of
    the Institution to the extent that federally supported
    activities are housed in the 900 H Street, N.W. building in the
    District of Columbia: Provided further, That this use of
    Federal appropriations shall not be construed as debt service,
    a Federal guarantee of, a transfer of risk to, or an obligation
    of, the Federal Government: Provided further, That no
    appropriated funds may be used to service debt which is
    incurred to finance the costs of acquiring the 900 H Street
    building or of planning, designing, and constructing
    improvements to such building.

                               facilities capital

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

               administrative provisions, smithsonian institution

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

                            National Gallery of Art

                             salaries and expenses

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

                repair, restoration and renovation of buildings

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

                 John F. Kennedy Center for the Performing Arts

                           operations and maintenance

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

                                  construction

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

                Woodrow Wilson International Center for Scholars

                             salaries and expenses

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

               National Foundation on the Arts and the Humanities

                        National Endowment for the Arts

                           grants and administration

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

                     National Endowment for the Humanities

                           grants and administration

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

                                matching grants

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

                           Administrative Provisions

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

                            Commission of Fine Arts

                             salaries and expenses

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

                   national capital arts and cultural affairs

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

                   Advisory Council on Historic Preservation

                             salaries and expenses

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

                      National Capital Planning Commission

                             salaries and expenses

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

                    United States Holocaust Memorial Museum

                           holocaust memorial museum

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

                                 Presidio Trust

                              PRESIDIO TRUST FUND

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

                         TITLE III--GENERAL PROVISIONS

        Sec. 301. The expenditure of any appropriation under this
    Act for any consulting service through procurement contract,
    pursuant to 5 U.S.C. 3109, shall be limited to those contracts
    where such expenditures are a matter of public record and
    available for public inspection, except where otherwise
    provided under existing law, or under existing Executive Order
    issued pursuant to existing law.
        Sec. 302. No part of any appropriation contained in this
    Act shall be available for any activity or the publication or
    distribution of literature that in any way tends to promote
    public support or opposition to any legislative proposal on
    which congressional action is not complete.
        Sec. 303. No part of any appropriation contained in this
    Act shall remain available for obligation beyond the current
    fiscal year unless expressly so provided herein.
        Sec. 304. None of the funds provided in this Act to any
    department or agency shall be obligated or expended to provide
    a personal cook, chauffeur, or other personal servants to any
    officer or employee of such department or agency except as
    otherwise provided by law.
        Sec. 305. No assessments may be levied against any program,
    budget activity, subactivity, or project funded by this Act
    unless notice of such assessments and the basis therefor are
    presented to the Committees on Appropriations and are approved
    by such committees.
        Sec. 306. None of the funds in this Act may be used to
    plan, prepare, or offer for sale timber from trees classified
    as giant sequoia (Sequoiadendron giganteum) whichare located on
    National Forest System or Bureau of Land Management lands in a manner
    different than such sales were conducted in fiscal year 2003.
        Sec. 307. (a) Limitation of Funds.--None of the funds
    appropriated or otherwise made available pursuant to this Act
    shall be obligated or expended to accept or process
    applications for a patent for any mining or mill site claim
    located under the general mining laws.
        (b) Exceptions.--The provisions of subsection (a) shall not
    apply if the Secretary of the Interior determines that, for the
    claim concerned: (1) a patent application was filed with the
    Secretary on or before September 30, 1994; and (2) all
    requirements established under sections 2325 and 2326 of the
    Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims
    and sections 2329, 2330, 2331, and 2333 of the Revised Statutes
    (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
    of the Revised Statutes (30 U.S.C. 42) for mill site claims, as
    the case may be, were fully complied with by the applicant by
    that date.
        (c) Report.--On September 30, 2004, the Secretary of the
    Interior shall file with the House and Senate Committees on
    Appropriations and the Committee on Resources of the House of
    Representatives and the Committee on Energy and Natural
    Resources of the Senate a report on actions taken by the
    Department under the plan submitted pursuant to section 314(c)
    of the Department of the Interior and Related Agencies
    Appropriations Act, 1997 (Public Law 104-208).
        (d) Mineral Examinations.--In order to process patent
    applications in a timely and responsible manner, upon the
    request of a patent applicant, the Secretary of the Interior
    shall allow the applicant to fund a qualified third-party
    contractor to be selected by the Bureau of Land Management to
    conduct a mineral examination of the mining claims or mill
    sites contained in a patent application as set forth in
    subsection (b). The Bureau of Land Management shall have the
    sole responsibility to choose and pay the third-party
    contractor in accordance with the standard procedures employed
    by the Bureau of Land Management in the retention of third-
    party contractors.
        Sec. 308. Notwithstanding any other provision of law,
    amounts appropriated to or earmarked in committee reports for
    the Bureau of Indian Affairs and the Indian Health Service by
    Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
    277, 106-113, 106-291, 107-63, and 108-7 for payments to tribes
    and tribal organizations for contract support costs associated
    with self-determination or self-governance contracts, grants,
    compacts, or annual funding agreements with the Bureau of
    Indian Affairs or the Indian Health Service as funded by such
    Acts, are the total amounts available for fiscal years 1994
    through 2003 for such purposes, except that, for the Bureau of
    Indian Affairs, tribes and tribal organizations may use their
    tribal priority allocations for unmet indirect costs of ongoing
    contracts, grants, self-governance compacts or annual funding
    agreements.
        Sec. 309. Of the funds provided to the National Endowment
    for the Arts--
                (1) The Chairperson shall only award a grant to an
            individual if such grant is awarded to such individual
            for a literature fellowship, National Heritage
            Fellowship, or American Jazz Masters Fellowship.
                (2) The Chairperson shall establish procedures to
            ensure that no funding provided through a grant, except
            a grant made to a State or local arts agency, or
            regional group, may be used to make a grant to any
            other organization or individual to conduct activity
            independent of the direct grant recipient. Nothing in
            this subsection shall prohibit payments made in
            exchange for goods and services.
                (3) No grant shall be used for seasonal support to
            a group, unless the application is specific to the
            contents of the season, including identified programs
            and/or projects.
        Sec. 310. The National Endowment for the Arts and the
    National Endowment for the Humanities are authorized to
    solicit, accept, receive, and invest in the name of the United
    States, gifts, bequests, or devises of money and other property
    or services and to use such in furtherance of the functions of
    the National Endowment for the Arts and the National Endowment
    for the Humanities. Any proceeds from such gifts, bequests, or
    devises, after acceptance by the National Endowment for the
    Arts or the National Endowment for the Humanities, shall be
    paid by the donor or the representative of the donor to the
    Chairman. The Chairman shall enter the proceeds in a special
    interest-bearing account to the credit of the appropriate
    endowment for the purposes specified in each case.
        Sec. 311. (a) In providing services or awarding financial
    assistance under the National Foundation on the Arts and the
    Humanities Act of 1965 from funds appropriated under this Act,
    the Chairperson of the National Endowment for the Arts shall
    ensure that priority is given to providing services or awarding
    financial assistance for projects, productions, workshops, or
    programs that serve underserved populations.
        (b) In this section:
                (1) The term ``underserved population'' means a
            population of individuals, including urban minorities,
            who have historically been outside the purview of arts
            and humanities programs due to factors such as a high
            incidence of income below the poverty line or to
            geographic isolation.
                (2) The term ``poverty line'' means the poverty
            line (as defined by the Office of Management and
            Budget, and revised annually in accordance with section
            673(2) of the Community Services Block Grant Act (42
            U.S.C. 9902(2)) (applicable to a family of the size
            involved.
        (c) In providing services and awarding financial assistance
    under the National Foundation on the Arts and Humanities Act of
    1965 with funds appropriated by this Act, the Chairperson of
    the National Endowment for the Arts shall ensure that priority
    is given to providing services or awarding financial assistance
    for projects, productions, workshops, or programs that will
    encourage public knowledge, education, understanding, and
    appreciation of the arts.
        (d) With funds appropriated by this Act to carry out
    section 5 of the National Foundation on the Arts and Humanities
    Act of 1965--
                (1) the Chairperson shall establish a grant
            category for projects, productions, workshops, or
            programs that are of national impact or availability or
            are able to tour several States;
                (2) the Chairperson shall not make grants exceeding
            15 percent, in the aggregate, of such funds to any
            single State, excluding grants made under the authority
            of paragraph (1);
                (3) the Chairperson shall report to the Congress
            annually and by State, on grants awarded by the
            Chairperson in each grant category under section 5 of
            such Act; and
                (4) the Chairperson shall encourage the use of
            grants to improve and support community-based music
            performance and education.
        Sec. 312. No part of any appropriation contained in this
    Act shall be expended or obligated to complete and issue the 5-
    year program under the Forest and Rangeland Renewable Resources
    Planning Act.
        Sec. 313. None of the funds in this Act may be used to
    support Government-wide administrative functions unless such
    functions are justified in the budget process and funding is
    approved by the House and Senate Committees on Appropriations.
        Sec. 314. Notwithstanding any other provision of law, none
    of the funds in this Act may be used for GSA Telecommunication
    Centers.
        Sec. 315. Notwithstanding any other provision of law, for
    fiscal year 2004 the Secretaries of Agriculture and the
    Interior are authorized to limit competition for watershed
    restoration project contracts as part of the ``Jobs in the
    Woods'' Program established in Region 10 of the Forest Service
    to individuals and entities in historically timber-dependent
    areas in the States of Washington, Oregon, northern California,
    Idaho, Montana, and Alaska that have been affected by reduced
    timber harvesting on Federal lands. The Secretaries shall
    consider the benefits to the local economy in evaluating bids
    and designing procurements which create economic opportunities
    for local contractors.
        Sec. 316. Amounts deposited during fiscal year 2003 in the
    roads and trails fund provided for in the 14th paragraph under
    the heading ``FOREST SERVICE'' of the Act of March 4, 1913 (37
    Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of
    Agriculture, without regard to the State in which the amounts
    were derived, to repair or reconstruct roads, bridges, and
    trails on National Forest System lands or to carry out and
    administer projects to improve forest health conditions, which
    may include the repair or reconstruction of roads, bridges, and
    trails on National Forest System lands in the wildland-
    community interface where there is an abnormally high risk of
    fire. The projects shall emphasize reducing risks to human
    safety and public health and property and enhancing ecological
    functions, long-term forest productivity, and biological
    integrity. The projects may be completed in a subsequent fiscal
    year. Funds shall not be expended under this section to replace
    funds which would otherwise appropriately be expended from the
    timber salvage sale fund. Nothing in this section shall be
    construed to exempt any project from any environmental law.
        Sec. 317. Other than in emergency situations, none of the
    funds in this Act may be used to operate telephone answering
    machines during core business hours unless such answering
    machines include an option that enables callers to reach
    promptly an individual on-duty with the agency being contacted.
        Sec. 318. No timber sale in Region 10 shall be advertised
    if the indicated rate is deficit when appraised using a
    residual value approach that assigns domestic Alaska values for
    western redcedar. Program accomplishments shall be based on
    volume sold. Should Region 10 sell, in fiscal year 2004, the
    annual average portion of the decadal allowable sale quantity
    called for in the current Tongass Land Management Plan in sales
    which are not deficit when appraised using a residual value
    approach that assigns domestic Alaska values for western
    redcedar, all of the western redcedar timber from those sales
    which is surplus to the needs of domestic processors in Alaska,
    shall be made available to domestic processors in the
    contiguous 48 United States at prevailing domestic prices.
    Should Region 10 sell, in fiscal year 2003, less than the
    annual average portion of the decadal allowable sale quantity
    called for in the Tongass Land Management Plan in sales which
    are not deficit when appraised using a residual value approach
    that assigns domestic Alaska values for western redcedar, the
    volume of western redcedar timber available to domestic
    processors at prevailing domestic prices in the contiguous 48
    United States shall be that volume: (i) which is surplus to the
    needs of domestic processors in Alaska, and (ii) is that
    percent of the surplus western redcedar volume determined by
    calculating the ratio of the total timber volume which has been
    sold on the Tongass to the annual average portion of the
    decadal allowable sale quantity called for in the current
    Tongass Land Management Plan. The percentage shall be
    calculated by Region 10 on a rolling basis as each sale is sold
    (for purposes of this amendment, a ``rolling basis'' shall mean
    that the determination of how much western redcedar is eligible
    for sale to various markets shall be made at the time each sale
    is awarded). Western redcedar shall be deemed ``surplus to the
    needs of domestic processors in Alaska'' when the timber sale
    holder has presented to the Forest Service documentation of the
    inability to sell western redcedar logs from a given sale to
    domestic Alaska processors at a price equal to or greater than
    the log selling value stated in the contract. All additional
    western redcedar volume not sold to Alaska or contiguous 48
    United States domestic processors may be exported to foreign
    markets at the election of the timber sale holder. All Alaska
    yellow cedar may be sold at prevailing export prices at the
    election of the timber sale holder.
        Sec. 319. A project undertaken by the Forest Service under
    the Recreation Fee Demonstration Program as authorized by
    section 315 of the Department of the Interior and Related
    Agencies Appropriations Act for Fiscal Year 1996, as amended,
    shall not result in--
                (1) displacement of the holder of an authorization
            to provide commercial recreation services on Federal
            lands. Prior to initiating any project, the Secretary
            shall consult with potentially affected holders to
            determine what impacts the project may have on the
            holders. Any modifications to the authorization shall
            be made within the terms and conditions of the
            authorization and authorities of the impacted agency;
                (2) the return of a commercial recreation service
            to the Secretary for operation when such services have
            been provided in the past by a private sector provider,
            except when--
                        (A) the private sector provider fails to
                    bid on such opportunities;
                        (B) the private sector provider terminates
                    its relationship with the agency; or
                        (C) the agency revokes the permit for non-
                    compliance with the terms and conditions of the
                    authorization.

    In such cases, the agency may use the Recreation Fee
    Demonstration Program to provide for operations until a
    subsequent operator can be found through the offering of a new
    prospectus.
        Sec. 320. Prior to October 1, 2004, the Secretary of
    Agriculture shall not be considered to be in violation of
    subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable
    Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely
    because more than 15 years have passed without revision of the
    plan for a unit of the National Forest System. Nothing in this
    section exempts the Secretary from any other requirement of the
    Forest and Rangeland Renewable Resources Planning Act (16
    U.S.C. 1600 et seq.) or any other law: Provided, That if the
    Secretary is not acting expeditiously and in good faith, within
    the funding available, to revise a plan for a unit of the
    National Forest System, this section shall be void with respect
    to such plan and a court of proper jurisdiction may order
    completion of the plan on an accelerated basis.
        Sec. 321. No funds provided in this Act may be expended to
    conduct preleasing, leasing and related activities under either
    the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
    Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
    boundaries of a National Monument established pursuant to the
    Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
    existed on January 20, 2001, except where such activities are
    allowed under the Presidential proclamation establishing such
    monument.
        Sec. 322. Extension of Forest Service Conveyances Pilot
    Program.--Section 329 of the Department of the Interior and
    Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note;
    Public Law 107-63) is amended--
                (1) in subsection (b), by striking ``20'' and
            inserting ``30'';
                (2) in subsection (c) by striking ``3'' and
            inserting ``8''; and
                (3) in subsection (d), by striking ``2006'' and
            inserting ``2007''.
        Sec. 323. Employees of the foundations established by Acts
    of Congress to solicit private sector funds on behalfof Federal
    land management agencies shall, in fiscal year 2005, qualify for
    General Service Administration contract airfares.
        Sec. 324. In entering into agreements with foreign
    countries pursuant to the Wildfire Suppression Assistance Act
    (42 U.S.C. 1856m) the Secretary of Agriculture and the
    Secretary of the Interior are authorized to enter into
    reciprocal agreements in which the individuals furnished under
    said agreements to provide wildfire services are considered,
    for purposes of tort liability, employees of the country
    receiving said services when the individuals are engaged in
    fire suppression: Provided, That the Secretary of Agriculture
    or the Secretary of the Interior shall not enter into any
    agreement under this provision unless the foreign country
    (either directly or through its fire organization) agrees to
    assume any and all liability for the acts or omissions of
    American firefighters engaged in firefighting in a foreign
    country: Provided further, That when an agreement is reached
    for furnishing fire fighting services, the only remedies for
    acts or omissions committed while fighting fires shall be those
    provided under the laws of the host country, and those remedies
    shall be the exclusive remedies for any claim arising out of
    fighting fires in a foreign country: Provided further, That
    neither the sending country nor any legal organization
    associated with the firefighter shall be subject to any legal
    action whatsoever pertaining to or arising out of the
    firefighter's role in fire suppression.
        Sec. 325. A grazing permit or lease issued by the Secretary
    of the Interior or a grazing permit issued by the Secretary of
    Agriculture where National Forest System lands are involved
    that expires, is transferred, or waived during fiscal years
    2004-2008 shall be renewed under section 402 of the Federal
    Land Policy and Management Act of 1976, as amended (43 U.S.C.
    1752), section 19 of the Granger-Thye Act, as amended (16
    U.S.C. 5801), title III of the Bankhead-Jones Farm Tenant Act
    (7 U.S.C. 1010 et seq.), or, if applicable, section 510 of the
    California Desert Protection Act (16 U.S.C. 410aaa-50). The
    terms and conditions contained in the expired, transferred, or
    waived permit or lease shall continue in effect under the
    renewed permit or lease until such time as the Secretary of the
    Interior or Secretary of Agriculture as appropriate completes
    processing of such permit or lease in compliance with all
    applicable laws and regulations, at which time such permit or
    lease may be canceled, suspended or modified, in whole or in
    part, to meet the requirements of such applicable laws and
    regulations. Nothing in this section shall be deemed to alter
    the statutory authority of the Secretary of the Interior or the
    Secretary of Agriculture: Provided, That where National Forest
    System lands are involved and the Secretary of Agriculture has
    renewed an expired or waived grazing permit prior to fiscal
    year 2004, the terms and conditions of the renewed grazing
    permit shall remain in effect until such time as the Secretary
    of Agriculture completes processing of the renewed permit in
    compliance with all applicable laws and regulations or until
    the expiration of the renewed permit, whichever comes first.
    Upon completion of the processing, the permit may be canceled,
    suspended or modified, in whole or in part, to meet the
    requirements of applicable laws and regulations: Provided
    further, That beginning in November 2004, and every year
    thereafter, the Secretaries of the Interior and Agriculture
    shall report to Congress the extent to which they are
    completing analysis required under applicable laws prior to the
    expiration of grazing permits, and beginning in May 2004, and
    every two years thereafter, the Secretaries shall provide
    Congress recommendations for legislative provisions necessary
    to ensure all permit renewals are completed in a timely manner.
    The legislative recommendations provided shall be consistent
    with the funding levels requested in the Secretaries' budget
    proposals: Provided further, That notwithstanding section 504
    of the Rescissions Act (109 Stat. 212), the Secretaries in
    their sole discretion determine the priority and timing for
    completing required environmental analysis of grazing
    allotments based on the environmental significance of the
    allotments and funding available to the Secretaries for this
    purpose: Provided further, That any Federal lands included
    within the boundary of Lake Roosevelt National Recreation Area,
    as designated by the Secretary of the Interior on April 5, 1990
    (Lake Roosevelt Cooperative Management Agreement), that were
    utilized as of March 31, 1997, for grazing purposes pursuant to
    a permit issued by the National Park Service, the person or
    persons so utilizing such lands as of March 31, 1997, shall be
    entitled to renew said permit under such terms and conditions
    as the Secretary may prescribe, for the lifetime of the
    permittee or 20 years, whichever is less.
        Sec. 326. Notwithstanding any other provision of law or
    regulation, to promote the more efficient use of the health
    care funding allocation for fiscal year 2004, the Eagle Butte
    Service Unit of the Indian Health Service, at the request of
    the Cheyenne River Sioux Tribe, may pay base salary rates to
    health professionals up to the highest grade and step available
    to a physician, pharmacist, or other health professional and
    may pay a recruitment or retention bonus of up to 25 percent
    above the base pay rate.
        Sec. 327. None of the funds made available in this Act may
    be transferred to any department, agency, or instrumentality of
    the United States Government except pursuant to a transfer made
    by, or transfer authority provided in, this Act or any other
    appropriations Act.
        Sec. 328. None of the funds in this Act may be used to
    prepare or issue a permit or lease for oil or gas drilling in
    the Finger Lakes National Forest, New York, during fiscal year
    2004.
        Sec. 329. None of the funds made available in this Act may
    be used for the planning, design, or construction of
    improvements to Pennsylvania Avenue in front of the White House
    without the advance approval of the Committees on
    Appropriations.
        Sec. 330. In awarding a Federal Contract with funds made
    available by this Act, the Secretary of Agriculture and the
    Secretary of the Interior (the ``Secretaries'') may, in
    evaluating bids and proposals, give consideration to local
    contractors who are from, and who provide employment and
    training for, dislocated and displaced workers in an
    economically disadvantaged rural community, including those
    historically timber-dependent areas that have been affected by
    reduced timber harvesting on Federal lands and other forest-
    dependent rural communities isolated from significant
    alternative employment opportunities: Provided, That the
    Secretaries may award grants or cooperative agreements to local
    non-profit entities, Youth Conservation Corps or related
    partnerships with State, local or non-profit youth groups, or
    small or disadvantaged business: Provided further, That the
    contract, grant, or cooperative agreement is for forest
    hazardous fuels reduction, watershed or water quality
    monitoring or restoration, wildlife or fish population
    monitoring, or habitat restoration or management: Provided
    further, That the terms ``rural community'' and ``economically
    disadvantaged'' shall have the same meanings as in section 2374
    of Public Law 101-624: Provided further, That the Secretaries
    shall develop guidance to implement this section: Provided
    further, That nothing in this section shall be construed as
    relieving the Secretaries of any duty under applicable
    procurement laws, except as provided in this section.
        Sec. 331. No funds appropriated in this Act for the
    acquisition of lands or interests in lands may be expended for
    the filing of declarations of taking or complaints in
    condemnation without the approval of the House and Senate
    Committees on Appropriations: Provided, That this provision
    shall not apply to funds appropriated to implement the
    Everglades National Park Protection and Expansion Act of 1989,
    or to funds appropriated for federal assistance to the State of
    Florida to acquire lands for Everglades restoration purposes.
        Sec. 332. Section 315(f) of the Department of the Interior
    and Related Agencies Appropriations Act, 1996 (as contained in
    section 101(c) of Public Law 104-134; 110 Stat. 1321-200; 16
    U.S.C. 460l-6a note), is amended--
                (1) by striking ``September 30, 2004'' and
            inserting ``December 31, 2005''; and
                (2) by striking ``2007'' and inserting ``2008''.
        Sec. 333. Implementation of Gallatin Land Consolidation Act
    of 1998. (a) Definitions.--For purposes of this section:
                (1) ``Gallatin Land Consolidation Act of 1998''
            means Public Law 105-267 (112 Stat. 2371).
                (2) ``Option Agreement'' has the same meaning as
            defined in section 3(6) of the Gallatin Land
            Consolidation Act of 1998.
                (3) ``Secretary'' means the Secretary of
            Agriculture.
                (4) ``Excess receipts'' means National Forest Fund
            receipts from the National Forests in Montana, which
            are identified and adjusted by the Forest Service
            within the fiscal year, and which are in excess of
            funds retained for: the Salvage Sale Fund; the Knutson-
            Vandenberg Fund; the Purchaser Road/Specified Road
            Credits; the Twenty-Five Percent Fund, as amended; the
            Ten Percent Road and Trail Fund; the Timber Sale
            Pipeline Restoration Fund; the Fifty Percent Grazing
            Class A Receipts Fund; and the Land and Water
            Conservation Fund Recreation User Fees Receipts--Class
            A Fund.
                (5) ``Special Account'' means the special account
            referenced in section 4(c)(2) of the Gallatin Land
            Consolidation Act of 1998.
                (6) ``Eastside National Forests'' has the same
            meaning as in section 3(4) of the Gallatin Land
            Consolidation Act of 1998.
        (b) Special Account.--
                (1) The Secretary is authorized and directed,
            without further appropriation or reprogramming of
            funds, to transfer to the Special Account these
            enumerated funds and receipts in the following order:
                        (A) timber sale receipts from the Gallatin
                    National Forest and other Eastside National
                    Forests, as such receipts are referenced in
                    section 4(a)(2)(C) of the Gallatin Land
                    Consolidation Act of 1998;
                        (B) any available funds heretofore
                    appropriated for the acquisition of lands for
                    National Forest purposes in the State of
                    Montana through fiscal year 2003;
                        (C) net receipts from the conveyance of
                    lands on the Gallatin National Forest as
                    authorized by subsection (c); and,
                        (D) excess receipts for fiscal years 2003
                    through 2008.
                (2) All funds in the Special Account shall be
            available to the Secretary until expended, without
            further appropriation, and will be expended prior to
            the end of fiscal year 2008 for the following purposes:
                        (A) the completion of the land acquisitions
                    authorized by the Gallatin Land Consolidation
                    Act of 1998 and fulfillment of the Option
                    Agreement, as may be amended from time to time;
                    and,
                        (B) the acquisition of lands for which
                    acquisition funds were transferred to the
                    Special Account pursuant to subsection
                    (b)(1)(B).
                (3) The Special Account shall be closed at the end
            of fiscal year 2008 and any monies remaining in the
            Special Account shall be transferred to the fund
            established under Public Law 90-171 (commonly known as
            the ``Sisk Act'', 16 U.S.C. Sec. 484a) to remain
            available, until expended, for the acquisition oflands
    for National Forest purposes in the State of Montana.
                (4) Funds deposited in the Special Account or
            eligible for deposit shall not be subject to transfer
            or reprogramming for wildland fire management or any
            other emergency purposes.
        (c) Land Conveyances Within the Gallatin National Forest.--
                (1) Conveyance authority.--The Secretary is
            authorized, under such terms and conditions as the
            Secretary may prescribe and without requirements for
            further administrative or environmental analyses or
            examination, to sell or exchange any or all rights,
            title, and interests of the United States in the
            following lands within the Gallatin National Forest in
            the State of Montana:
                        (A) SMC East Boulder Mine Portal Tract:
                    Principal Meridian, T.3S., R.11E., Section 4,
                    lots 3 to 4 inclusive, W\1/2\SE\1/4\NW\1/4\,
                    containing 76.27 acres more or less.
                        (B) Forest Service West Yellowstone
                    Administrative Site: U.S. Forest Service
                    Administrative Site located within the NE\1/4\
                    of Block 17 of the Townsite of West Yellowstone
                    which is situated in the N\1/2\ of Section 34,
                    T.13S., R.5E., Principal Meridian, Gallatin
                    County, Montana, containing 1.04 acres more or
                    less.
                        (C) Mill Fork Mission Creek Tract:
                    Principal Meridian, T.13S., R.5E., Section 34,
                    NW\1/4\SW\1/4\, containing 40 acres more or
                    less.
                        (D) West Yellowstone Town Expansion Tract
                    #1: Principal Meridian, T.13S., R.5E., Section
                    33, E\1/2\E\1/2\NE\1/4\, containing 40 acres
                    more or less.
                        (E) West Yellowstone Town Expansion Tract
                    #2: Principal Meridian, T.13S., R.5E., Section
                    33, NE\1/4\SE\1/4\, containing 40 acres more or
                    less.
                (2) Descriptions.--The Secretary may modify the
            descriptions in subsection (c)(1) to correct errors or
            to reconfigure the properties in order to facilitate a
            conveyance.
                (3) Consideration.--Consideration for a sale or
            exchange of land under this subsection may include
            cash, land, or a combination of both.
                (4) Valuation.--Any appraisals of land deemed
            necessary or desirable by the Secretary to carry out
            the purposes of this section shall conform to the
            Uniform Appraisal Standards for Federal Land
            Acquisitions.
                (5) Cash equalization.--Notwithstanding any other
            provision of law, the Secretary may accept a cash
            equalization payment in excess of 25 percent of the
            value of any land exchanged under this subsection.
                (6) Solicitations of offers.--The Secretary may:
                        (A) solicit offers for sale or exchange of
                    land under this subsection on such terms and
                    conditions as the Secretary may prescribe, or
                        (B) reject any offer made under this
                    subsection if the Secretary determines that the
                    offer is not adequate or not in the public
                    interest.
                (7) Methods of sale.--The Secretary may sell land
            at public or private sale, including competitive sale
            by auction, bid, or otherwise, in accordance with such
            terms, conditions, and procedures as the Secretary
            determines will be in the best interests of the United
            States.
                (8) Brokers.--The Secretary may utilize brokers or
            other third parties in the disposition of the land
            authorized by this subsection and, from the proceeds of
            the sale, may pay reasonable commissions or fees on the
            sale or sales.
                (9) Receipts from sale or exchange.--The Secretary
            shall deposit the net receipts of a sale or exchange
            under this subsection in the Special Account.
        (d) Miscellaneous Provisions.--
                (1) Receipts from any sale or exchange pursuant to
            subsection (c) of this section:
                        (A) shall not be deemed excess receipts for
                    purposes of this section;
                        (B) shall not be paid or distributed to the
                    State or counties under any provision of law,
                    or otherwise deemed as moneys received from the
                    National Forest for purposes of the Act of May
                    23, 1908 or the Act of March 1, 1911 (16 U.S.C.
                    Sec. 500, as amended), or the Act of March 4,
                    1913 (16 U.S.C. Sec. 501, as amended).
                (2) As of the date of enactment of this section,
            any public land order withdrawing land described in
            subsection (c)(1) from all forms of appropriation under
            the public land laws is revoked with respect to any
            portion of the land conveyed by the Secretary under
            this section.
                (3) Subject to valid existing rights, all lands
            described in section (c)(1) are withdrawn from
            location, entry, and patent under the mining laws of
            the United States.
                (4) The Agriculture Property Management Regulations
            shall not apply to any action taken pursuant to this
            section.
        (e) Option Agreement Amendment.--The Amendment No. 1 to the
    Option Agreement is hereby ratified as a matter of Federal law
    and the parties to it are authorized to effect the terms and
    conditions thereof.
        Sec. 334. Subsection (c) of section 551 of the Land Between
    the Lakes Protection Act of 1998 (16 U.S.C. 460lll-61) is
    amended to read as follows:
        ``(c) Use of Funds.--The Secretary of Agriculture may
    expend amounts appropriated or otherwise made available to
    carry out this title in a manner consistent with the
    authorities exercised by the Tennessee Valley Authority before
    the transfer of the Recreation Area to the administrative
    jurisdiction of the Secretary, including campground management
    and visitor services, paid advertisement, and procurement of
    food and supplies for resale purposes.''.
        Sec. 335. Section 339 of the Department of the Interior and
    Related Agencies Appropriations Act, 2000, as enacted into law
    by section 1000(a)(3) of Public Law 106-113 (113 Stat. 1501A-
    204; 16 U.S.C. 528 note), is amended--
                (1) in subsection (b)--
                        (A) in the first sentence, by striking
                    ``not less than the fair market value'' and
                    inserting ``fees under subsection (c)''; and
                        (B) by striking the second sentence and
                    inserting the following: ``The Secretary shall
                    establish appraisal methods and bidding
                    procedures to determine the fair market value
                    of forest botanical products harvested under
                    the pilot program.'';
                (2) in subsection (c), by striking paragraph (1)
            and inserting the following new paragraph (1):
                ``(1) Imposition and collection.--Under the pilot
            program, the Secretary of Agriculture shall charge and
            collect from a person who harvests forest botanical
            products on National Forest System lands a fee in an
            amount established by the Secretary to recover at least
            a portion of the fair market value of the harvested
            forest botanical products and a portion of the costs
            incurred by the Department of Agriculture associated
            with granting, modifying, or monitoring the
            authorization for harvest of the forest botanical
            products, including the costs of any environmental or
            other analysis.'';
                (3) in subsection (d)(1), by striking ``charges and
            fees under subsections (b) and'' and inserting ``a fee
            under subsection'';
                (4) in subsection (f)--
                        (A) in paragraph (1), by striking
                    ``subsections (b) and'' and inserting
                    ``subsection'';
                        (B) in paragraph (2), by striking ``in
                    excess of the amounts collected for forest
                    botanical products during fiscal year 1999'';
                        (C) in paragraph (3), by striking ``charges
                    and fees collected at that unit under the pilot
                    program to pay for'' and all that follows
                    through the period at the end and inserting
                    ``fees collected at that unit under subsection
                    (c) to pay for the costs of conducting
                    inventories of forest botanical products,
                    determining sustainable levels of harvest,
                    monitoring and assessing the impacts of harvest
                    levels and methods, conducting restoration
                    activities, including any necessary vegetation,
                    and covering costs of the Department of
                    Agriculture described in subsection (c)(1).'';
                    and
                        (D) in paragraph (4), by striking
                    ``subsections (b) and'' and inserting
                    ``subsection'';
                (5) in subsection (g)--
                        (A) by striking ``charges and fees under
                    subsections (b) and'' and inserting ``fees
                    under subsection''; and
                        (B) by striking ``subsections (b) and'' the
                    second place it appears and inserting
                    ``subsection''; and
                (6) in subsection (h), by striking paragraph (1)
            and inserting the following new paragraph (1):
                ``(1) Collection of fees.--The Secretary of
            Agriculture may collect fees under the authority of
            subsection (c) until September 30, 2009.''.
        Sec. 336. Transfer of Forest Legacy Program Land. Section
    7(l) of the Cooperative Forestry Assistance Act of 1978 (16
    U.S.C. 2103c(l)) is amended by inserting after paragraph (2)
    the following:
                ``(3) Transfer of forest legacy program land--
                        ``(A) In general.--Subject to any terms and
                    conditions that the Secretary may require
                    (including the requirements described in
                    subparagraph (B)), the Secretary may, at the
                    request of the State of Vermont, convey to the
                    State, by quitclaim deed, without
                    consideration, any land or interest in land
                    acquired in the State under the Forest Legacy
                    Program.
                        ``(B) Requirements.--In conveying land or
                    an interest in land under subparagraph (A), the
                    Secretary may require that--
                                ``(i) the deed conveying the land
                            or interest in land include
                            requirements for the management of the
                            land in a manner that--
                                        ``(I) conserves the land or
                                    interest in land; and
                                        ``(II) is consistent with
                                    any other Forest Legacy Program
                                    purposes for which the land or
                                    interest in land was acquired;
                                ``(ii) if the land or interest in
                            land is subsequently sold, exchanged,
                            or otherwise disposed of by the State
                            of Vermont, the State shall--
                                        ``(I) reimburse the
                                    Secretary in an amount that is
                                    based on the current market
                                    value of the land or interest
                                    in land in proportion to the
                                    amount of consideration paid by
                                    the United States for the land
                                    or interest in land; or
                                        ``(II) convey to the
                                    Secretary land or an interest
                                    in land that is equal in value
                                    to the land or interest in land
                                    conveyed.
                        ``(C) Disposition of funds.--Amounts
                    received by the Secretary under subparagraph
                    (B)(ii) shall be credited to the Wildland Fire
                    Management account, to remain available until
                    expended.''.
        Sec. 337. Notwithstanding section 9(b) of Public Law 106-
    506, funds hereinafter appropriated under Public Law 106-506
    shall require matching funds from non-Federal sources on the
    basis of aggregate contribution to the Environmental
    Improvement Program, as defined in Public Law 106-506, rather
    than on a project-by-project basis, except for those activities
    provided under section 9(c) of that Act, to which this
    amendment shall not apply.
        Sec. 338. Any application for judicial review of a Record
    of Decision for any timber sale in Region 10 of the Forest
    Service that had a Notice of Intent prepared on or before
    January 1, 2003 shall--
                (1) be filed in the Alaska District of the Federal
            District Court within 30 days after exhaustion of the
            Forest Service administrative appeals process (36
            C.F.R. 215) or within 30 days of enactment of this Act
            if the administrative appeals process has been
            exhausted prior to enactment of this Act, and the
            Forest Service shall strictly comply with the schedule
            for completion of administrative action;
                (2) be completed and a decision rendered by the
            court not later than 180 days from the date such
            request for review is filed; if a decision is not
            rendered by the court within 180 days as required by
            this subsection, the Secretary of Agriculture shall
            petition the court to proceed with the action.
        Sec. 339. (a) In General.--The Secretary of Agriculture may
    cancel, with the consent of the timber purchaser, a maximum of
    70 contracts for the sale of timber awarded between October 1,
    1995 and January 1, 2002 on the Tongass National Forest in
    Alaska if--
                (1) the Secretary determines, in the Secretary's
            sole discretion, that the sale would result in a
            financial loss to the purchaser and the costs to the
            government of seeking a legal remedy against the
            purchaser would likely exceed the cost of terminating
            the contract; and
                (2) the timber purchaser agrees to--
                        (A) terminate its rights under the
                    contract; and
                        (B) release the United States from all
                    liability, including further consideration or
                    compensation resulting from such cancellation.
        (b) Effect of Cancellation.--
                (1) In general.--The United States shall not
            surrender any claim against a timber purchaser that
            arose under a contract before cancellation under this
            section not in connection with the cancellation.
                (2) Limitation.--Cancellation of a contract under
            this section shall release the timber purchaser from
            liability for any damages resulting from cancellation
            of such contract.
        (c) Timber Available for Resale.--Timber included in a
    contract cancelled under this section shall be available for
    resale by the Secretary of Agriculture.
        Sec. 340. (a) Justification of Competitive Sourcing
    Activities.--(1) In each budget submitted by the President to
    Congress under section 1105 of title 31, United States Code,
    for a fiscal year, beginning with fiscal year 2005, amounts
    requested to perform competitive sourcing studies for programs,
    projects, and activities listed in paragraph (2) shall be set
    forth separately from other amounts requested.
        (2) Paragraph (1) applies to programs, projects, and
    activities--
                (A) of the Department of the Interior for which
            funds are appropriated by this Act;
                (B) of the Forest Service; and
                (C) of the Department of Energy for which funds are
            appropriated by this Act.
        (b) Annual Reporting Requirements on Competitive Sourcing
    Activities.--(1) Not later than December 31 of each year,
    beginning with December 31, 2003, the Secretary concerned shall
    submit to the Committees on Appropriations of the Senate and
    the House of Representatives a report, covering the preceding
    fiscal year, on the competitive sourcing studies conducted by
    the Department of the Interior, the Forest Service, or the
    Department of Energy, as appropriate, and the costs and cost
    savings to the citizens of the United States of such studies.
        (2) In this subsection, the term ``Secretary concerned''
    means--
                (A) the Secretary of the Interior, with respect to
            the Department of the Interior programs, projects, and
            activities for which funds are appropriated by this
            Act;
                (B) the Secretary of Agriculture, with respect to
            the Forest Service; and
                (C) the Secretary of Energy, with respect to the
            Department of Energy programs, projects, and activities
            for which funds are appropriated by this Act.
        (3) The report under this subsection shall include, for the
    fiscal year covered--
                (A) the total number of competitions completed;
                (B) the total number of competitions announced,
            together with a list of the activities covered by such
            competitions;
                (C) the total number of full-time equivalent
            Federal employees studied under completed competitions;
                (D) the total number of full-time equivalent
            Federal employees being studied under competitions
            announced, but not completed;
                (E) the incremental cost directly attributable to
            conducting the competitions identified under
            subparagraphs (A) and (B), including costs attributable
            to paying outside consultants and contractors;
                (F) an estimate of the total anticipated savings,
            or a quantifiable description of improvements in
            service or performance, derived from completed
            competitions;
                (G) actual savings, or a quantifiable description
            of improvements in service or performance, derived from
            the implementation of competitions;
                (H) the total projected number of full-time
            equivalent Federal employees covered by competitions
            scheduled to be announced in the fiscal year; and
                (I) a description of how the competitive sourcing
            decision making processes are aligned with strategic
            workforce plans.
        (c) Declaration of Competitive Sourcing Studies.--For
    fiscal year 2004, each of the Secretaries of executive
    departments referred to in subsection (b)(2) shall submit a
    detailed competitive sourcing proposal to the Committees on
    Appropriations of the Senate and the House of Representatives
    not later than 60 days after the date of the enactment of this
    Act. The proposal shall include, for each competitive sourcing
    study proposed to be carried out by or for the Secretary
    concerned, the number of positions to be studied, the amount of
    funds needed for the study, and the program, project, and
    activity from which the funds will be expended.
        (d) Limitation on Competitive Sourcing Studies.--(1) Of the
    funds made available by this or any other Act to the Department
    of Energy or the Department of the Interior for fiscal year
    2004, not more than the maximum amount specified in paragraph
    (2)(A) may be used by the Secretary of Energy or the Secretary
    of the Interior to initiate or continue competitive sourcing
    studies in fiscal year 2004 for programs, projects, and
    activities for which funds are appropriated by this Act until
    such time as the Secretary concerned submits a reprogramming
    proposal to the Committees on Appropriations of the Senate and
    the House of Representatives, and such proposal has been
    processed consistent with the fiscal year 2004 reprogramming
    guidelines.
        (2) For the purposes of paragraph (1)--
                (A) the maximum amount--
                        (i) with respect to the Department of
                    Energy is $500,000; and
                        (ii) with respect to the Department of the
                    Interior is $2,500,000; and
                (B) the fiscal year 2004 reprogramming guidelines
            referred to in such paragraph are the reprogramming
            guidelines set forth in the joint explanatory statement
            accompanying the Act (H.R. 2691, 108th Congress, 1st
            session), making appropriations for the Department of
            the Interior and related agencies for the fiscal year
            ending September 30, 2004, and for other purposes.
        (3) Of the funds appropriated by this Act, not more than
    $5,000,000 may be used in fiscal year 2004 for competitive
    sourcing studies and related activities by the Forest Service.
        (e) Limitation on Conversion to Contractor Performance.--
    (1) None of the funds made available in this or any other Act
    may be used to convert to contractor performance an activity or
    function of the Forest Service, an activity or function of the
    Department of the Interior performed under programs, projects,
    and activities for which funds are appropriated by this Act, or
    an activity or function of the Department of Energy performed
    under programs, projects, and activities for which funds are
    appropriated by this Act, if such activity or function is
    performed on or after the date of the enactment of this Act by
    more than 10 Federal employees unless--
                (A) the conversion is based on the result of a
            public-private competition that includes a more
            efficient and cost effective organization plan
            developed by such activity or function; and
                (B) the Competitive Sourcing Official determines
            that, over all performance periods stated in the
            solicitation of offers for performance of the activity
            or function, the cost of performance of the activity or
            function by a contractor would be less costly to the
            Federal Government by an amount that equals or exceeds
            the lesser of--
                        (i) 10 percent of the more efficient
                    organization's personnel-related costs for
                    performance of that activity or function by
                    Federal employees; or
                        (ii) $10,000,000.
        (2) This subsection shall not apply to a commercial or
    industrial type function that--
                (A) is included on the procurement list established
            pursuant to section 2 of the Javits-Wagner-O'Day Act
            (41 U.S.C. 47);
                (B) is planned to be converted to performance by a
            qualified nonprofit agency for the blind or by a
            qualified nonprofit agency for other severely
            handicapped individuals in accordance with that Act; or
                (C) is planned to be converted to performance by a
            qualified firm under at least 51 percent ownership by
            an Indian tribe, as defined in section 4(e) of the
            Indian Self-Determination and Education Assistance Act
            (25 U.S.C. 450b(e)), or a Native Hawaiian Organization,
            as defined in section 8(a)(15) of the Small Business
            Act (15 U.S.C. 637(a)(15)).
        (3) The conversion of any activity or function under the
    authority provided by this subsection shall be credited toward
    any competitive or outsourcing goal, target, or measurement
    that may be established by statute, regulation, or policy.
        (f) Competitive Sourcing Study Defined.--In this
    subsection, the term ``competitive sourcing study'' means a
    study on subjecting work performed by Federal Government
    employees or private contractors to public-private competition
    or on converting the Federal Government employees or the work
    performed by such employees to private contractor performance
    under the Office of Management and Budget Circular A-76 or any
    other administrative regulation, directive, or policy.
        Sec. 341. Section 4(e)(3)(A)(vi) of the Southern Nevada
    Public Land Management Act of 1998 (112 Stat. 2346; 116 Stat.
    2007) is amended by striking ``under this Act'' and inserting
    ``under this Act, including costs incurred under paragraph
    (2)(A)''.
        Sec. 342. Lake Tahoe Restoration Projects. Section
    4(e)(3)(A) of the Southern Nevada Public Land Management Act of
    1998 (112 Stat. 2346; 116 Stat. 2007) is further amended--
                (1) in clause (v), by striking ``and'' at the end;
                (2) by redesignating clause (vi) as clause (vii);
            and
                (3) by inserting after clause (v) the following:
                                ``(vi) transfer to the Secretary of
                            Agriculture, or, if the Secretary of
                            Agriculture enters into a cooperative
                            agreement with the head of another
                            Federal agency, the head of the Federal
                            agency, for Federal environmental
                            restoration projects under sections 6
                            and 7 of the Lake Tahoe Restoration Act
                            (114 Stat. 2354), environmental
                            improvement payments under section 2(g)
                            of Public Law 96-586 (94 Stat. 3382),
                            and any Federal environmental
                            restoration project included in the
                            environmental improvement program
                            adopted by the Tahoe Regional Planning
                            Agency in February 1998 (as amended),
                            in an amount equal to the cumulative
                            amounts authorized to be appropriated
                            for such projects under those Acts, in
                            accordance with a revision to the
                            Southern Nevada Public Land Management
                            Act of 1998 Implementation Agreement to
                            implement this section, which shall
                            include a mechanism to ensure
                            appropriate stakeholders from the
                            States of California and Nevada
                            participate in the process to recommend
                            projects for funding; and''.
        Sec. 343. Estimated overhead charges, deductions, reserves
    or holdbacks from programs, projects and activities to support
    governmentwide, departmental, agency or bureau administrative
    functions or headquarters, regional or central office
    operations shall be presented in annual budget justifications.
    Changes to such estimates shall be presented to the Committees
    on Appropriations for approval.
        Sec. 344. (a) Across-the-Board Rescissions.--There is
    hereby rescinded an amount equal to 0.646 percent of--
                (1) the budget authority provided for fiscal year
            2004 for any discretionary account in this Act; and
                (2) the budget authority provided in any advance
            appropriation for fiscal year 2004 for any
            discretionary account in the Department of the Interior
            and Related Agencies Appropriations Act, 2003.
        (b) Proportionate Application.--Any rescission made by
    subsection (a) shall be applied proportionately--
                (1) to each discretionary account and each item of
            budget authority described in subsection (a); and
                (2) within each such account and item, to each
            program, project, and activity (with programs,
            projects, and activities as delineated in the
            appropriation Act or accompanying reports for the
            relevant fiscal year covering such account or item, or
            for accounts and items not included in appropriation
            Acts, as delineated in the most recently submitted
            President's budget).

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

        Sec. 401. Short Title. This title may be cited as the
    ``Flathead and Kootenai National Forest Rehabilitation Act of
    2003''.
        Sec. 402. Findings and Purpose. (a) Findings.--Congress
    finds that--
                (1) the Robert Fire and Wedge Fire of 2003 caused
            extensive resource damage in the Flathead National
            Forest;
                (2) the fires of 2000 caused extensive resource
            damage on the Kootenai National Forest and
            implementation of rehabilitation and recovery projects
            developed by the agency for the Forest is critical;
                (3) the environmental planning and analysis to
            restore areas affected by the Robert Fire and Wedge
            Fire will be completed through a collaborative
            community process;
                (4) the rehabilitation of burned areas needs to be
            completed in a timely manner in order to reduce the
            long-term environmental impacts; and
                (5) wildlife and watershed resource values will be
            maintained in areas affected by the Robert Fire and
            Wedge Fire while exempting the rehabilitation effort
            from certain applications of the National Environmental
            Policy Act (NEPA) and the Clean Water Act (CWA).
        (b) The purpose of this title is to accomplish in a
    collaborative environment, the planning and rehabilitation of
    the Robert Fire and Wedge Fire and to ensure timely
    implementation of recovery and rehabilitation projects on the
    Kootenai National Forest.
        Sec. 403. Rehabilitation Projects. (a) In General.--The
    Secretary of Agriculture (in this title referred to as the
    ``Secretary'') may conduct projects that the Secretary
    determines are necessary to rehabilitate and restore, and may
    conduct salvage harvests on, National Forest System lands in
    the North Fork drainage on the Flathead National Forest, as
    generally depicted on a map entitled ``North Fork Drainage''
    which shall be on file and available for public inspection in
    the Office of Chief, Forest Service, Washington, D.C.
        (b) Procedure.--
                (1) In General.--Except as otherwise provided by
            this title, the Secretary shall conduct projects under
            this title in accordance with--
                        (A) the National Environmental Policy Act
                    (42 U.S.C. 4321 et seq.); and
                        (B) other applicable laws.
                (2) Environmental assessment or impact statement.--
            If an environmental assessment or an environmental
            impact statement (pursuant to section 102(2) of the
            National Environmental Policy Act (42 U.S.C. 4332(2))
            is required for a project under this title, the
            Secretary shall not be required to study, develop, or
            describe any alternative to the proposed agency action
            in the environmental assessment or the environmental
            impact statement.
                (3) Public collaboration.--To encourage meaningful
            participation during preparation of a project under
            this title, the Secretary shall facilitate
            collaboration among the State of Montana, local
            governments, and Indian tribes, and participation of
            interested persons, during the preparation of each
            project in a manner consistent with the Implementation
            Plan for the 10-year Comprehensive Strategy of a
            Collaborative Approach for Reducing Wildland Fire Risks
            to Communities and the Environment, dated May 2002,
            which was developed pursuant to the conference report
            for the Department of the Interior and Related Agencies
            Appropriations Act, 2001 (House Report 106-646).
                (4) Compliance with clean water act.--Consistent
            with the Clean Water Act (33 U.S.C. 1251 et seq.) and
            Montana Code 75-5-703(10)(b), the Secretary is not
            prohibited from implementing projects under this title
            due to the lack of a Total Maximum Daily Load as
            provided for under section 303(d) of the Clean Water
            Act (33 U.S.C. 1313(d)), except that the Secretary
            shall comply with any best management practices
            required by the State of Montana.
                (5) Endangered species act consultation.--If a
            consultation is required under section 7 of the
            Endangered Species Act (16 U.S.C. 1536) for a project
            under this title, the Secretary of the Interior shall
            expedite and give precedence to such consultation over
            any similar requests for consultation by the Secretary.
                (6) Administrative appeals.--Section 322 of the
            Department of the Interior and Related Agencies
            Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C.
            1612 note) and section 215 of title 36, Code of Federal
            Regulations shall apply to projects under this title.
        Sec. 404. Contracting and Cooperative Agreements. (a) In
    General.--Notwithstanding chapter 63 of title 31, United States
    Code, the Secretary may enter into contract or cooperative
    agreements to carry out a project under this title.
        (b) Exemption.--Notwithstanding any other provisions of
    law, the Secretary may limit competition for a contract or a
    cooperative agreement under subsection (a).
        Sec. 405. Monitoring Requirements. (a) In General.--The
    Secretary shall establish a multiparty monitoring group
    consisting of a representative number of interested parties, as
    determined by the Secretary, to monitor the performance and
    effectiveness of projects conducted under this title.
        (b) Reporting Requirements.--The multiparty monitoring
    group shall prepare annually a report to the Secretary on the
    progress of the projects conducted under this title in
    rehabilitating and restoring the North Fork drainage. The
    Secretary shall submit the report to the Senate Subcommittee on
    Interior Appropriations of the Senate Committee on
    Appropriations.
        Sec. 406. Sunset. The authority for the Secretary to issue
    a decision to carry out a project under this title shall expire
    5 years from the date of enactment.
        Sec. 407. Implementation of Records of Decision. The
    Secretary of Agriculture shall publish new information
    regarding forest wide estimates of old growth from volume 103
    of the administrative record in the case captioned Ecology
    Center v. Castaneda, CV-02-200-M-DWM (D. Mont.) for public
    comment for a 30-day period. The Secretary shall review any
    comments received during the comment period and decide whether
    to modify the Records of Decision (hereinafter referred to as
    the ``ROD's'') for the Pinkham, White Pine, Kelsey-Beaver,
    Gold/Boulder/Sullivan, and Pink Stone projects on the Kootenai
    National Forest. The ROD's, whether modified or not, shall not
    be deemed arbitrary and capricious under the NFMA, NEPA or
    other applicable law as long as each project area retains 10
    percent designated old growth below 5,500 feet elevation in
    third order watersheds in which the project is located as
    specified in the forest plan.
        This Act may be cited as the ``Department of the Interior
    and Related Agencies Appropriations Act, 2004''.
        And the Senate agree to the same.

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

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

           JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

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

                            Reprogramming Guidelines

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

                              Competitive Sourcing

          The managers support the underlying principle of the
    Administration's competitive sourcing initiative, which is that
    the government must continually strive to improve the
    efficiency of its operations and the delivery of the services
    it provides to the citizens of the United States. The managers
    are concerned that this far-reaching initiative appears to be
    on such a fast track that the Congress and the public are
    neither able to participate nor understand the costs and
    implications of the decisions being made. The managers remain
    concerned that the Administration has failed to budget
    adequately for the cost of the initiative and to justify such
    costs in budget documents. As a result, significant sums are
    being expended in violation of reprogramming guidelines and at
    the expense of critical, on-the-ground work such as the
    maintenance of Federal facilities. While millions have been
    spent to date, reprogramming letters have not been forwarded to
    the House and Senate Committees on Appropriations and funds
    have been diverted from important programs.
          The managers have included bill language in Title III,
    General Provisions, outlining specific spending limits and
    reporting requirements for each program, project, and activity
    affected by the competitive sourcing initiative. These fiscal
    year 2004 funding instructions apply to all studies for which
    work has not yet begun, even though a department or agency may
    have previously announced plans to conduct such studies. The
    managers note that these requirements should not be construed
    as opposition to the careful and considered conduct of a
    competitive sourcing program. The managers want to ensure that
    there is full disclosure on the use of appropriated funds in
    order to enable Congress and the public to evaluate the costs
    and tradeoffs involved in an initiative of this magnitude.

                      TITLE I--DEPARTMENT OF THE INTERIOR

                           Bureau of Land Management

                       MANAGEMENT OF LANDS AND RESOURCES

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

                            WILDLAND FIRE MANAGEMENT

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

                        CENTRAL HAZARDOUS MATERIALS FUND

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

                                  CONSTRUCTION

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

                                LAND ACQUISITION

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

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

                       OREGON AND CALIFORNIA GRANT LANDS

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

                               RANGE IMPROVEMENTS

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

                   SERVICE CHARGES, DEPOSITS, AND FORFEITURES

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

                           MISCELLANEOUS TRUST FUNDS

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

                    United States Fish and Wildlife Service

                              RESOURCE MANAGEMENT

          The conference agreement provides $963,352,000 for
    resource management instead of $959,901,000 as proposed by the
    House and $942,244,000 as proposed by the Senate. The numerical
    changes described below are to the House recommended level.
          In endangered species programs, there are increases in
    candidate conservation of $150,000 for Alaska sea otter and
    walrus and $10,000 for slickspot peppergrass. In recovery,
    there are increases of $100,000 for wolf recovery efforts of
    the Nez Perce Tribe, $100,000 for the Service's Snake River
    Basin office wolf recovery efforts, $460,000 for the Idaho
    Office of Species Conservation wolf recovery efforts,
    $2,000,000 for Atlantic salmon grants administered by the
    National Fish and Wildlife Foundation, $500,000 for Lahontan
    cutthroat trout, $150,000 for fresh water mussels at the White
    Sulphur Springs NFH, WV, and $900,000 for Eider recovery
    through the Alaska SeaLife Center. There is also an increase in
    recovery of $15,000 for wolf monitoring in Montana and Wyoming,
    which provides a total of $515,000 for efforts in those two
    States.
          In habitat conservation, increases for the partners for
    fish and wildlife program include $500,000 for the Montana
    Water Center wild fish habitat initiative, $1,250,000 for
    Nevada biodiversity research, $100,000 for bald eagle
    restoration through the Vermont natural heritage partners
    program, $750,000 for Hawaii endangered species, $700,000 for
    Hawaii invasive species control, $500,000 for ferret
    reintroduction on Rosebud Sioux tribal lands, $850,000 for
    wildlife enhancement in Starkville, MS, and $50,000 for
    technical assistance at the New Jersey Meadowlands. There are
    also decreases in the partners program of $500,000 for Walla
    Walla Basin fish passage and salmon recovery, $250,000 for
    restoration in the Tunkhannock and Bowman's Creek watersheds in
    Pennsylvania, and a general decrease of $4,000,000. There is an
    increase in project planning of $550,000 for Middle Rio Grande/
    Bosque research.
          In refuge operations and maintenance there are general
    decreases of $3,000,000 for refuge operations and $3,000,000
    for refuge maintenance.
          In migratory birds programs, increases include $575,000
    for seabird bycatch reduction and $800,000 for management of
    albatross in the north Pacific.
          In law enforcement operations, increases include $700,000
    for a Louisville, KY port of entry and $700,000 for a Memphis,
    TN port of entry. There are also decreases of $1,000,000 for
    wildlife inspectors along the northern and southern borders and
    $450,000 for the Atlanta, GA port of entry.
          In fishery programs, there is a decrease of $312,000 for
    hatchery operations. In fish and wildlife management, increases
    include $250,000 for the Connecticut River Commission, $300,000
    for whirling disease research through the National Partnership
    on Management of Wild and Native Coldwater Fisheries, $100,000
    for resistant trout research with the Whirling Disease
    Foundation Health Center in Montana, $400,000 for the Wildlife
    Health Center in Montana, $403,000 for Yukon River salmon
    treaty implementation, $150,000 for fish passage adjacent to
    railroads in Alaska, $250,000 for the Regional Mark Processing
    Center, and $1,000,000 for marine mammal population surveys in
    Alaska.
          In general administration, increases include $450,000 for
    operations and maintenance at the National Conservation
    Training Center, WV, and $400,000 for the Caddo Lake Ramsar
    Center in Texas.
          Bill Language.--The conference agreement includes the
    House earmark of $2,000,000 for Natural Communities
    Conservation Planning, as provided in past years, rather than
    suggesting that this program compete for funds through the
    cooperative endangered species program as proposed in Senate
    report language. The conference agreement does not include
    Senate language on economic development in Starkville, MS, but
    $850,000 is included under the partners for fish and wildlife
    program for wildlife enhancement in Starkville, MS.
          The managers continue to be concerned about the Service's
    cost allocation methodology. The Inspector General is currently
    examining this issue. The Service should work closely with the
    Inspector General and the House and Senate Committees on
    Appropriations to resolve the current problems in CAM. The
    managers agree that CAM needs to be reformed so that it is
    clearly justified and transparent. It is inappropriate to
    supplement shortfall funding in headquarters and regional
    office budgets using CAM. The Service should realign its budget
    justification line items to budget accurately for the costs of
    headquarters and regional offices and clearly explain what
    costs are included in CAM and why.
          The managers agree to the following:
          1. There is up to $15,000,000 in the Forest Service
    budget for ESA consultation work associated with fuels
    reduction projects but these funds have not been fully utilized
    by the Service. The Service should work more closely with the
    Forest Service to see that those funds are released in a timely
    manner to address critical fuels reduction needs in Montana and
    elsewhere.
          2. Sixty percent of the funding provided for wolf
    monitoring in Montana and Wyoming is for work in Montana and 40
    percent is for work in Wyoming.
          3. The partners for fish and wildlife program has been
    very successful and any increase in base program funding should
    be used by the Service to fund additional projects within the
    context of the existing program.
          4. While appreciating the merits of an oyster
    revitalization program in Delaware Bay, no funding is included
    because this program should be under the jurisdiction of the
    National Marine Fisheries Service rather than the U.S. Fish and
    Wildlife Service.
          5. The $50,000 provided for the New Jersey Meadowlands
    project in the partners for fish and wildlife program should be
    used together with unobligated balances available from fiscal
    year 2003, and the appropriate amount needed for the project in
    fiscal year 2005 should be included in the budget request for
    fiscal year 2005.
          6. None of the funds provided for the Caddo Lake Ramsar
    Center in Texas may be used for infrastructure or construction-
    related projects.
          7. The Service may use a portion of the funds provided
    for fish passage to continue its effort to develop a
    computerized fish passage decision support system.
          8. With the increase provided for the National
    Partnership on Management of Wild and Native Coldwater
    Fisheries whirling disease program, there is a total of $1
    million for that program in fiscal year 2004.
          9. With the increase provided for resistant trout
    research with the Whirling Disease Foundation, there is a total
    of $350,000 for that program in fiscal year 2004.
          10. The reprogramming request for expansion of the
    Service's California/Nevada Office is approved with the
    understanding that the Service will keep the House and Senate
    Committees on Appropriations advised on at least a semi-annual
    basis of progress in phasing-in the additional staffing for the
    office.
          11. Within the funds provided for refuge operations and
    maintenance, $450,000 should be used for rodent control at the
    Alaska Maritime NWR.
          12. There is no earmark within available funds in the
    refuge operations and maintenance budget for spartina grass
    control at the Willapa NWR, WA, because the conference
    agreement provides an increase of $300,000 for that program as
    proposed by the House.
          13. The Service should work closely with the office of
    aircraft services to develop a plan for replacement of
    aircraft. Increased payments to the OAS reserve account will
    need to be phased in over time and the necessary increases
    should be included in future budgets as uncontrollable cost
    increases and should not be funded at the expense of the base
    budget.
          14. While the managers have accepted the travel
    reductions proposed in the budget request, mission essential
    travel, including travel associated with mandatory or Service-
    critical training requirements, should not be reduced.
          15. The managers are aware that the U.S. Fish and
    Wildlife Service has provided assistance to private entities
    attempting to remove cattle from Chirikof Island in the Alaska
    Maritime NWR. Given that these efforts have not been entirely
    successful, the managers urge the Service to work with the
    State and interested stakeholders on alternative strategies for
    cattle management. The managers further encourage the State to
    consider making range available on nearby State-owned islands.
          16. In 2003, the Don Edwards National Wildlife refuge
    expanded by 10,000 acres as a result of acquisition of the
    former Cargill Salt Ponds, which was financed mainly by non-
    federal sources. The managers recognize that this expansion may
    require an increase in the operating budget for the refuge.

                                  CONSTRUCTION

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

                             [Dollars in thousands]
    ------------------------------------------------------------------------
                  Project                    Description        Disposition
    ------------------------------------------------------------------------
    Alaska Maritime NWR, AK...........  Equip visitor center            $400
    Anchorage Int'l Airport, AK.......  Hangar--Phase II               5,000
                                         [cc].
    Audubon Center for Research of      Whooping Crane                 1,200
     Endangered. Species, LA.            Breeding Facility
                                         [cc].
    Bear River NWR, UT................  Water mgmt.                      500
                                         improvements.
    Bitter Lake NWR, NM...............  Joe Skeen Visitors             1,400
                                         Center [cc].
    Bozeman Fish Technology Center, MT  Laboratory/                    1,887
                                         Administration
                                         Building--Phase V
                                         [cc].
    Cabo Rojo NWR, PR.................  Replace Office                 3,700
                                         Building (Seismic)--
                                         Phase II [cc].
    Canaan Valley NWR, WV.............  Visitor improvements/            600
                                         law enforcement
                                         housing.
    Cape Romain, NWR, SC..............  Dike/Water control               500
                                         structures [c].
    Clark R. Bavin Forensics            Security upgrades                765
     Laboratory, OR.                     (not funded in
                                         2003).
    Crab Orchard NWR, IL..............  Devil's Kitchen Dam--            500
                                         Phase I [d].
    Dam Safety........................  Structural Studies               660
                                         (not funded in
                                         2003).
    Entiat NFH, WA....................  Seismic Safety                   120
                                         Rehabilitation of
                                         Four Buildings--
                                         Phase I [p/d].
    Garrison Dam, ND..................  Fish pond                        300
                                         improvements.
    Iron River NFH, WI................  Replace Domes at                 600
                                         Schacte Creek with
                                         Buildings--Phase
                                         III [cc].
    Jordan River NFH, MI..............  Replace Great Lakes            5,500
                                         Fish Stocking
                                         Vessel, M/V Togue--
                                         Phase III [cc].
    Kenai NWR, AK.....................  Cabins, trails,                1,000
                                         campgrounds.
    Kodiak NWR, AK....................  Visitor Center [c]..           1,000
    Kofa NWR, AZ......................  Seismic Safety                   350
                                         Rehabilitation--Pha
                                         se I [p/d].
    Lacreek NWR, SD...................  Little White River               730
                                         Dam--Phase II [d].
    Lahontan NFH, NV..................  Seismic Safety                    70
                                         Rehabilitation of
                                         Two Buildings--
                                         Phase I [p/d].
    Makah NFH, WA.....................  Seismic Safety                    80
                                         Rehabilitation of
                                         One Building--Phase
                                         I [p/d].
    Mammoth Springs NFH, AR...........  Visitor center                 1,000
                                         renovation [c].
    National Eagle Repository, CO.....  Repository                       110
                                         incinerator [p/d/
                                         cc].
    Neosho NFH, MO....................  Office and Visitors            1,000
                                         Center [c].
    Northeast Fishery Center Complex,   Laboratory                     1,150
     PA.                                 expansion,
                                         accessible fishing,
                                         etc.
    Northwest Power Planning Area.....  Fish screens, etc...           3,000
    Ohio River Islands NWR, WV........  Visitors Center,               1,561
                                         office space &
                                         equipment [cc].
    Okeefenokee Concession, GA........  Concession facility.             525
    Puerto Rican Parrot, PR...........  Replace/Relocate               1,700
                                         Aviary.
    Security Upgrades.................  Servicewide (not                 700
                                         funded in 2003).
    Servicewide.......................  Bridge Safety                    575
                                         Inspections.
    Servicewide.......................  Dam Safety Programs              730
                                         and Inspections.
    Servicewide.......................  Replace Survey                 1,000
                                         Aircraft.
    Servicewide.......................  Initial inspections            1,291
                                         for recently
                                         acquired dams.
    Sevilleta NWR, NM.................  Laboratory                     1,000
                                         construction.
    Silvio O. Conte NWR, VT...........  Nulhegan Div.                    450
                                         visitor contact
                                         station, office &
                                         maintenance
                                         buildings [p/d].
    Visitor Contact Facilities........  Servicewide.........           3,000
    White Sulphur Springs NFH, WV.....  Equipment upgrades..              50
    Winthrop NFH, WA..................  Seismic Safety                   130
                                         Rehabilitation of
                                         Four Buildings--
                                         Phase I [p/d].
    Wolf Creek NFH, KY................  Visitors Center [cc]           2,100
    World Birding Ctr., TX............  Construction........           1,300
                                                             ---------------
        Subtotal, Line Item             ....................          49,234
         Construction.
                                                             ===============
      Nationwide Engineering Services:  ....................  ..............
    Cost Allocation Methodology.......  ....................           3,058
    Environmental Compliance..........  ....................           1,650
    Other, non-project specific         ....................           6,262
     Nationwide Engineering Services.
    Seismic Safety Program............  ....................             200
    Waste Prevention, Recycling         ....................             150
     Environmental Mgmt.
                                                             ---------------
        Subtotal, Nationwide            ....................          11,320
         Engineering Services.
                                                             ---------------
        Total.........................  ....................          60,554
    ------------------------------------------------------------------------

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

                                LAND ACQUISITION

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

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

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

                          LANDOWNER INCENTIVE PROGRAM

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

                               STEWARDSHIP GRANTS

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

                COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

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

                         NATIONAL WILDLIFE REFUGE FUND

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

                   NORTH AMERICAN WETLANDS CONSERVATION FUND

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

                    NEOTROPICAL MIGRATORY BIRD CONSERVATION

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

                    MULTINATIONAL SPECIES CONSERVATION FUND

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

                        STATE AND TRIBAL WILDLIFE GRANTS

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

                           ADMINISTRATIVE PROVISIONS

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

                             National Park Service

                     OPERATION OF THE NATIONAL PARK SYSTEM

          The conference agreement provides $1,629,641,000 for the
    operation of the national park system instead of $1,630,882,000
    as proposed by the House and $1,636,299,000 as proposed by the
    Senate.
          The conference agreement provides $340,114,000 for
    resource stewardship. Changes to the House level include a
    reduction of $1,106,000 to restore half of the fiscal year 2003
    across the board reduction, an increase of $3,102,000 for park
    specific increases, a reduction of $2,924,000 for inventory and
    monitoring programs, an increase of $225,000 for Cumberland
    Piedmont Network, and an increase of $375,000 for Vanishing
    Treasures.
          The conference agreement provides $324,348,000 for
    Visitor Services. Changes to the House level include a decrease
    of $1,031,000 to restore half of the fiscal year 2003 across
    the board reduction, and an increase of $649,000 for park
    specific increases.
          The conference agreement provides $567,230,000 for
    maintenance. Changes to the House level include a reduction of
    $1,701,000 to restore half of the fiscal year 2003 across the
    board reduction, an increase of $1,765,000 for park specific
    increases, and a reduction of $2,000,000 for facility condition
    assessments.
          The conference agreement provides $286,378,000 for park
    support. Changes to the House level include reductions of
    $516,000 for park specific increases, $500,000 for management
    accountability review, and $927,000 to restore half of the
    fiscal year 2003 across the board reduction and increases of
    $300,000 for partnership wild and scenic rivers programs and
    $400,000 to expand the volunteers in parks programs.
          The conference agreement provides $114,571,000 for
    external administrative costs. This is a reduction of $352,000
    from the House level.
          There is a general reduction of $3,000,000.
          Within the maintenance account, the managers direct the
    following: $300,000 for landscape improvements at Gettysburg
    NMP, $550,000 for improvements to comfort stations and the
    North Shore Cemetery at Great Smoky Mountains NP in North
    Carolina, $210,000 for a water connection at Indiana Dunes NL,
    $250,000 for access improvements at Apostle Islands NL,
    $200,000 for rehabilitation at Valley Forge NMP, $300,000 for
    Ocmulgee NM repairs, and $250,000 for a boundary survey and
    $200,000 for building stabilization and demolition work at New
    River Gorge NR, West Virginia. Up to $1 million of funds
    appropriated for repair and rehabilitation should be used for
    maintenance work associated with the First Flight Centennial
    Celebration at the Wright Brothers National Memorial, North
    Carolina.
          In addition to the statutory requirements and limitations
    agreed to in this bill, the managers believe that the National
    Park Service in reviewing requests for use of the Mall for
    special events should ensure that event organizers have
    addressed the requirements which such events may impose on
    public transportation systems and, when events involve very
    large numbers of visitors or unusual times, ensure that these
    needs have been coordinated with the Washington Metropolitan
    Transportation Authority.
          The managers urge the Service to provide, to the extent
    possible, the necessary support for the administration of the
    National Historic Lighthouse Preservation Act. Within the
    increases provided above the request for base operations,
    $500,000 is provided for nationally designated trails.

                           UNITED STATES PARK POLICE

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

                      NATIONAL RECREATION AND PRESERVATION

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

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

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

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

          Funds provided for the Office of Arctic Studies are for
    work in cooperation with the Anchorage Museum Foundation and
    funds provided for Sleeping Rainbow Ranch are for work in
    cooperation with the Utah Valley State College. The $175,000
    provided in the Senate bill for activities to commemorate the
    Louisiana Purchase at the Jean Lafitte NHP&P in Louisiana will
    be provided from within the additional funds provided to the
    Service for park operations.
          The managers are aware that the Oklahoma City Trust and
    the National Park Service are cooperatively exploring a
    proposal to make changes to the law establishing the Oklahoma
    City Memorial. In the interim, the managers have included bill
    language that will allow the Service to establish an operating
    base to conduct ongoing protection and interpretation
    activities at the site without the requirement for
    reimbursement or a non-federal match. Also included is a one-
    time grant to the Trust of $1,600,000.
          The managers have not included bill language as proposed
    by the House regarding the use of cooperative agreements. This
    issue has been addressed under natural programs. The Service is
    directed to continue its support for the Northern Forest Canoe
    Trail through the challenge cost share program at $250,000.

                         URBAN PARK AND RECREATION FUND

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

                           HISTORIC PRESERVATION FUND

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

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

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

                                  CONSTRUCTION

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

            Project                                                   Amount
    Acadia NP, ME (rehabilitation)..........................      $7,017,000
    American Memorial Park, Saipan (upgrade water delivery).         892,000
    Badlands NP, SD (safety/ADA deficiencies)...............       3,996,000
    Big Bend NP, TX (plan curatorial facility)..............         268,000
    Big Cypress NPres, FL (complete rehabilitation of ORV
        trails).............................................         500,000
    Blue Ridge Pkwy (historic guard walls)..................       3,186,000
    Blue Ridge Pkwy, NC (visitor center)....................       1,000,000
    Boston Harbor Islands NRA, MA (George's Island).........         727,000
    Boston NHP, MA (USS Constitution, maintenance facility).       2,408,000
    Bryce Canyon NP, UT (renovation)........................         859,000
    Chesapeake and Ohio Canal NHP, MD (stabilize towpath
        wall, construct footbridge).........................       1,538,000
    Colonial NHP, VA (visitor center & Jamestown
        collections)........................................       7,611,000
    Colonial NHP, VA (Yorktown museum collection)...........         725,000
    Crater Lake NP, OR (restore historic residence).........         999,000
    Craters of the Moon NM, ID (upgrade visitor center).....       1,334,000
    Cuyahoga NRA, OH (rehabilitation).......................       2,500,000
    Dayton Aviation NHP, OH (various).......................       1,550,000
    Delaware Water Gap NRA, PA (cabin replacement)..........         300,000
    Denali NP & Pres, AK....................................         750,000
    Eleanor Roosevelt NHS, NY (restoration).................       2,750,000
    Everglades NP, FL (water system)........................      12,990,000
    Fort Washington Park, MD (rehabilitation)...............       2,724,000
    Frederick Douglass NHS, DC (rehabilitation).............         955,000
    Fredericksburg & Spotsylvania County Battlefields
        Memorial NMP, VA (stabilization)....................       1,560,000
    Gateway NRA, NY (rehabilitation)........................       2,416,000
    General Grant NMem, NY (rehabilitation).................       1,732,000
    George Washington Carver NM, MO (rehab/expand visitor
        center).............................................       2,000,000
    George Washington Memorial Pkwy, VA.....................         400,000
    George Washington Memorial Pkwy, VA (Marine Corps War
        Memorial)...........................................       3,383,000
    Gettysburg NMP, PA (conservation).......................       2,000,000
    Grand Teton NP, WY (visitor center).....................       3,000,000
    Great Smoky Mountains NP, TN (rehabilitate comfort
        stations & picnic areas)............................         525,000
    Harpers Ferry NHP, WV (rehabilitate buildings,
        transportation system)..............................       3,200,000
    Homestead NM of America, NE (plan visitor facility).....          50,000
    Horace M. Albright Training Center, AZ (rehabilitation).       7,437,000
    Hot Springs NP, AR......................................       1,012,000
    Independence NHP, PA (Independence Square, site rehab)..       1,750,000
    Independence NHP, PA (Independence Mall improvements)...       1,250,000
    Indiana Dunes NL, IN (cultural/historic reports)........         225,000
    Jefferson National Expansion Memorial, MO (security)....       4,339,000
    John H. Chafee Blackstone River Valley NHC, RI/MA.......         750,000
    L.Q.C. Lamar House NHL, MS..............................         300,000
    Lake Mead NRA, NV (wastewater system)...................       3,514,000
    Lincoln Library, IL.....................................       5,000,000
    Lowell NHP, MA (stabilize/rehabilitate railroad tunnel).         674,000
    Mammoth Cave NP, KY (electrical system).................       3,593,000
    Mammoth Cave NP, KY (water system)......................       6,014,000
    Marsh-Billings-Rockefeller NHP, VT (rehabilitate barn)..         750,000
    Mesa Verde NP, CO (design curatorial facility)..........         600,000
    Mesa Verde NP, CO (HVAC systems)........................       1,207,000
    Minute Man NHP, MA (protect resources, access)..........       1,365,000
    Moccasin Bend NAD, TN (erosion control).................         500,000
    Morris Thompson Visitor and Cultural Center, AK.........       2,250,000
    Morristown NHP, NJ (rehabilitation).....................       1,789,000
    Mount Rainier NP, WA (electrical system)................       4,000,000
    Natchez Trace Parkway (resurfacing).....................       1,000,000
    National Capital Parks-Central (Jefferson Memorial
        Security)...........................................       4,858,000
    National Capital Parks-Central (Washington Monument
        Security-vehicle barrier)...........................      15,100,000
    New Bedford Whaling NHP, MA (Corson Building)...........       2,500,000
    New River Gorge NR, WV..................................       2,691,000
    Olympic NP, WA (Elwha River restoration)................      12,950,000
    Organ Pipe Cactus NM, AZ (vehicle barrier)..............       4,405,000
    Pacific Coast Immigration Museum, CA....................         385,000
    Petersburg NB, VA (Appomattox Manor)....................         881,000
    Petrified Forest NP, AZ (rehabilitation)................       3,124,000
    Puukohola Heiau NHS, HI (re-establish historic scene)...       3,046,000
    Rock Creek Park, DC (Fitzgerald rehabilitation).........       1,400,000
    San Francisco Maritime NHP, CA (C.A. Thayer)............       4,177,000
    Sequoia and Kings Canyon NP, CA (water tanks, fire
        suppression)........................................       2,210,000
    Southwest Pennsylvania Heritage Comm., PA...............       2,500,000
    St. Croix NSR, WI (complete administrative building)....       4,900,000
    Stones River NB, TN (trails)............................         300,000
    Sun Watch NHL, OH.......................................         375,000
    Tallgrass Prairie NPres, KS (design resource center)....         500,000
    Thomas Stone NHS, MD (restrooms, kiosk, office space)...         500,000
    Timucuan Ecological and Historic Reserve, FL (structural
        analysis, improvements).............................         765,000
    Tuskegee Airmen NHS, AL (continue planning).............         500,000
    Utah Public Lands Artifact Preservation Act, UT.........       3,000,000
    Western Arctic National Parklands, AK (heritage and
        administrative center)..............................         700,000
    White House, DC (rehabilitation)........................       3,443,000
    Wind Cave NP, SD (wastewater treatment).................       3,909,000
    Wrangell-St. Elias NP & Pres, AK (rehabilitation).......         933,000
    Yellowstone NP, WY (Old House and Old Faithful Inn).....       5,973,000
    Yellowstone NP, WY (snowcoaches and support
        infrastructure).....................................       1,892,000
    Yellowstone NP, WY (west entrance station)..............       1,888,000
                        --------------------------------------------------------
                        ____________________________________________________
          Subtotal..........................................     216,969,000
    Emergency/Unscheduled Projects..........................       5,500,000
    Housing replacement.....................................       8,000,000
    Dam safety..............................................       2,700,000
    Equipment replacement...................................      35,460,000
    Construction planning...................................      24,480,000
    Construction program management.........................      27,466,000
    General management planning.............................      13,420,000
                        --------------------------------------------------------
                        ____________________________________________________
          Total.............................................     333,995,000

          The National Park Service has developed a planning model
    for visitor facilities that can be a very useful tool for parks
    contemplating visitor centers and other improvements. The model
    was developed after extensive research into visitor facilities
    across the nation, including NPS examples, and visitor
    facilities developed by other public (Federal, State, local)
    agencies as well as private museums. The managers expect any
    proposal for park visitor centers improvements to be run
    through the model. Project proposals that exceed the model's
    baseline will receive significant scrutiny.
          The model is a predictive tool. Its results on a
    facility-by-facility basis must be weighed by senior Service
    officials to determine whether the investment proposed could be
    justified in light of the tremendous infrastructure and
    operational needs facing the Service, even if the project is
    within the model's parameters. The managers remain concerned
    about the scope and cost of proposed NPS capital improvements,
    especially visitor and other centers, and will work with the
    Service to continue addressing this issue. The Service must
    expand its efforts to manage expectations about future funding,
    especially very early in the conceptual stages, both for NPS
    and partnership projects.
          Funding is not proposed at this time for further work on
    the proposed visitor center at Assateague Island National
    Seashore. In fiscal year 2002, the managers expressed concerns
    about the scope and cost of the project and directed the
    Service to provide a report analyzing the costs of the proposed
    visitor and learning centers. The managers expect the requested
    report byFebruary 1, 2004, and expect it to include an analysis
    of the proposed visitor center as compared with the facility-planning
    model for visitor centers developed by the NPS.
          Little Rock Central High School NHS was authorized in
    1998. A general management plan, completed in 2002, recommends
    a visitor facility. The Service has not yet prioritized this
    project through the line-item construction five-year planning
    process. While the managers recognize the importance of
    addressing the most critical deferred maintenance needs of the
    Service, important mission and resource projects should also be
    considered in the establishment of construction priorities. The
    Service should work to analyze the appropriate level of visitor
    services for this park using the facility-planning model for
    visitor centers. The park should be aware that recent actions
    by the managers regarding visitor centers at other small park
    units have capped facilities in the $3-$4 million range.
          No funding is provided for security improvements at
    Independence National Historical Park in Philadelphia. The
    managers have deferred funding in light of the unresolved
    issues between the National Park Service, the Department of the
    Interior, the Department of Homeland Security, and local
    interests. The project presented in the budget assumed the
    closure of Chestnut Street. Because that closure decision was
    reversed earlier this year, the managers await a revised plan
    and cost estimate.
          The managers have included $1,750,000 requested in the
    budget for completion of the site rehabilitation of
    Independence Square. In addition, $1,250,000 is provided as a
    Federal contribution toward landscaping improvements for
    Independence Mall between Independence Hall and the National
    Constitution Center. The managers are aware of a $17,000,000
    estimate to complete the rehabilitation of Independence Mall,
    and strongly encourage the continued use of partnerships to
    leverage this Federal investment.
          Funding provided for Mesa Verde National Park is to begin
    planning for the proposed curatorial facility. The managers
    understand that the concept for the proposed partnership
    project at Mesa Verde assumes non-Federal funding for the
    cultural center component of the project. The managers are
    concerned about the Federal costs of phases 1 (curatorial) and
    2 (operations) and expect the Service to examine the scope and
    costs of these components and to explore opportunities for
    partnership.
          The managers have provided $300,000 to improve lodging
    conditions at the Pocono Environmental Education Center at
    Delaware Water Gap NRA, PA. The managers understand the
    estimated cost of these facility improvements is $2,500,000,
    and encourage the park and its partner to complete the site
    development plan before initiating detailed project design. A
    value analysis of alternatives should be conducted so that the
    entire project can be completed within the $2,500,000 estimate.
          The managers have provided $3,000,000 towards the Federal
    share of a joint partnership for a proposed new visitor center
    at Grand Teton National Park. With the deferred maintenance
    challenges facing the Service, the managers expect parks and
    partners to seek cost-effective design solutions that address
    visitor and resource protection needs while recognizing the
    significant costs needed to address problems across the
    Service. The managers are concerned about the size and cost of
    the proposed facility at Grand Teton National Park, which is
    currently estimated in excess of 29,000 square feet. The
    managers understand that the current visitor facility at this
    location is approximately 3,000 square feet, and does not
    adequately serve the needs of today's visitors. The managers
    expect the project to be downsized to remain within the
    parameters of the facility planning model, which is about a
    23,000 square foot facility. The managers do not intend for the
    Federal contribution towards this visitor facility to exceed
    $8,000,000. Any costs associated with a facility larger than
    the benchmark should be 100 percent non-Federal.
          Funding has been reduced for the security improvements to
    the Washington Monument consistent with the recent decision by
    the Department of the Interior to proceed with the vehicle
    barrier proposal, and not to pursue the underground screening
    and visitor facility and tunnel. The current approach includes
    the construction of the vehicle barriers, improvements to the
    plaza, and landscaping on the mall grounds.
          Tallgrass Prairie National Preserve was established in
    1996. A general management plan, completed in 2000, recommends
    a visitor facility. The Service has not yet prioritized this
    project through the line-item construction five-year planning
    process. While the managers recognize the importance of
    addressing the most critical deferred maintenance needs of the
    Service, important mission and resource projects should also be
    considered in the establishment of construction priorities. The
    Service should work to analyze the appropriate level of visitor
    services for this park using the facility-planning model for
    visitor centers. The park should be aware that recent actions
    by the managers regarding visitor centers at other small park
    units have capped facilities in the $3-$4 million range.
          Funding of $500,000 is recommended to complete
    enhancements at Thomas Stone NHS. Funds provided in fiscal year
    2003 allow for renovation of the east wing and improvements to
    the parking lot. The managers understand that these funds have
    not yet been obligated. Funding provided this year allows for
    office improvements to move staff out of the historic home as
    well as to expand the existing visitor contact station to allow
    for larger group events. Given the limited visitation to this
    site, the managers do not recommend significant visitor
    education space expansion. Progress to complete planning for
    this project should proceed so that all the work can be
    accomplished with the funds provided in fiscal years 2003 and
    2004.
          The managers have not provided funds for the following
    projects due to a delay in the project construction schedule:
    Big Bend NP (Chisos Basin water supply), Boston Harbor Islands
    NRA (Commandant's House), Dry Tortugas NP (stabilize fort),
    Petersburg NB (maintenance facility), and Rock Creek Park
    (Meridian Hill Park).
          Additional funding is not recommended for Lincoln Home
    NHS because previously appropriated funds remain unobligated.
    The managers understand that nearly $700,000 remains from funds
    appropriated in fiscal years 1994 and 2000.
          The managers have provided $1,550,000 for Dayton Aviation
    NHP for the following projects: $600,000 for interpretive film
    and wayside exhibits, $800,000 for a parking lot and $150,000
    for a historic sites report on 26 South Williams Street. Funds
    provided in the Senate bill under the construction account for
    the Harry S Truman statue have been moved to the National
    Recreation and Preservation account. Funds provided for the
    Pacific Coast Immigration Museum in California complete the
    federal investment. Within available funds, the managers direct
    the Service to complete rehabilitation of the Saratoga
    Monument.
          The managers are concerned that the Department has failed
    to complete the study authorized in section 7 of Public Law
    106-271, the ``Corinth Battlefield Preservation Act of 2000''.
    The managers direct the Department to complete this study no
    later than 90 days after the enactment of this Act.
          Bill language is included authorizing funds from the
    historic preservation fund for L.Q.C. Lamar House NHL and Sun
    Watch NHL. Also included is Senate proposed language
    prohibiting the use of funds for planning, design or
    construction of an underground security screening or visitor
    contact facility at the Washington Monument.
          The managers have included language contained in the
    House bill, conditioning release of Modified Water Deliveries
    money to annual reports from the Secretary of the Interior, the
    Administrator of EPA and the Attorney General, which guarantees
    that the State of Florida is meeting water quality standards.
          Funds for the Oklahoma City Memorial are provided in the
    National Recreation and Preservation account. Within available
    funds, the Service is directed to conduct a heritage area study
    for Muscle Shoals and a watershed study for San Gabriel. The
    House report contained language directing a study on the SW
    Campaign. The managers have been made aware that this study has
    not been authorized therefore this study is not included in the
    conference agreement.
          The managers are aware that the U.S. Army will be
    relocating some of its fire and emergency services personnel
    currently located in Hawaii. This relocation will severely
    undercut the availability of vital services at Hawaii Volcanoes
    National Park. The managers understand, and greatly appreciate,
    that the County of Hawaii is willing to provide these services
    and direct the Service to provide the county with $250,000 in
    transition funding.
          The managers strongly urge the Service to accelerate the
    General Management Plan for Cedar Creek and Belle Grove NHP.

                     LAND ACQUISITION AND STATE ASSISTANCE

                         (INCLUDING TRANSFERS OF FUNDS)

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

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

          The conference agreement includes bill language under the
    Park Service land acquisition account dealing with unobligated
    balances for South Florida Restoration as proposed by the
    House.
          The managers recommend $2,000,000 for matching grants
    pursuant to the Civil War Battlefield Protection Act of 2002.
    The managers are aware that many of the lands identified by the
    Civil War Sites Advisory Commission as high priorities for
    protection are located within or adjacent to national park
    boundaries. This has led to questions about the relationship
    between the battlefield grant program and the national park
    system. In no case should battlefield grants be used for the
    acquisition of lands within the existing boundaries of a park
    unit. The process for the acquisition of lands within park
    boundaries is well established, and should not be complicated
    by the introduction of a separate Federal program. With regard
    to lands adjacent to park boundaries, the managers are
    concerned that the acquisition of such lands using battlefield
    grant funds could ultimately increase pressures to include
    those lands in the national park system. The Service should
    make clear to all recipients of battlefield grants that the
    award of funds for acquisition of lands adjacent to park units
    should in no way be construed as an indication of Service or
    Congressional support for the ultimate inclusion of such lands
    in the park system. The process for the expansion of park
    boundaries is well established, and involves consideration of
    many factors that are beyond the scope of the battlefield
    grants program. These considerations include the cost to the
    Service of maintaining and interpreting lands to be acquired,
    consistency of proposed expansions with a park's general
    management plan, and the priority of a given park expansion
    relative to other needs in the park system. While the managers
    do not propose a prohibition on the use of battlefield grants
    to acquire lands adjacent to park boundaries, grant recipients
    and park managers should be aware of these concerns. The
    managers will reevaluate program guidelines in the event
    battlefield grants lead to a flood of proposed park boundary
    expansions.
          The managers agree to the following revisions to the
    reprogramming guidelines for the National Park Service only.
    Lands shall not be acquired for more than the approved
    appraised value (as addressed in section 301(3) of Public Law
    91-646) except for condemnations, declarations of taking, and
    tracts with an appraised value of $500,000 or less, unless such
    acquisitions are submitted to the House and Senate Committees
    on Appropriations for approval in compliance with established
    procedures.
          The managers are aware that the Service recently released
    a Finding of No Significant Impact (FONSI) for the acquisition
    of lands near Theodore Roosevelt's historic Elkhorn Ranch in
    North Dakota. While the finding did recommend acquisition of
    lands within the viewshed of the existing Elkhorn Unit and
    associated river lands, it did not offer specific information
    on the number of acres that should be acquired or the cost of
    such an acquisition. The managers therefore direct the Service
    to submit a report to the House and Senate Appropriations
    Committees by January 1, 2004, outlining the number of acres
    the Service recommends be acquired and the anticipated cost of
    the acquisition.
          The managers note that the funding for Valley Forge NHP
    completes the project.

                           ADMINISTRATIVE PROVISIONS

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

                        United States Geological Survey

                     SURVEYS, INVESTIGATIONS, AND RESEARCH

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

                           ADMINISTRATIVE PROVISIONS

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

                          Minerals Management Service

                    ROYALTY AND OFFSHORE MINERALS MANAGEMENT

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

                               OIL SPILL RESEARCH

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

              Office of Surface Mining Reclamation and Enforcement

                           REGULATION AND TECHNOLOGY

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

                        ABANDONED MINE RECLAMATION FUND

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

                            Bureau of Indian Affairs

                          OPERATION OF INDIAN PROGRAMS

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

                                  CONSTRUCTION

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

     INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
                                    INDIANS

                         (INCLUDING TRANSFER OF FUNDS)

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

                     INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

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

                              DEPARTMENTAL OFFICES

                                Insular Affairs

                           ASSISTANCE TO TERRITORIES

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

                          Compact of Free Association

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

                            Departmental Management

                             SALARIES AND EXPENSES

          The conference agreement provides $78,933,000 for
    departmental management instead of $76,027,000 as proposed by
    the House and $78,433,000 as proposed by the Senate. Changes to
    the House include increases of $3,000,000 to restore funds cut
    on the House floor and $6,000 for worker compensation, and a
    decrease of $100,000 for the public lands volunteers program.
    This total is offset partially by the cancellation of
    $1,400,000 in unobligated balances in the special foreign
    currency account as proposed by the Senate.
          The conference agreement retains bill language contained
    in the Senate bill concerning the Buy American Act.
          The conference agreement retains bill language contained
    in the House bill restricting the number of reserve accounts in
    the Working Capital Fund.
          The managers agree that benefiting parties should pay for
    operation of the airport at Midway Atoll National Wildlife
    Refuge if it remains open and note that the airport is not
    critical for U.S. Fish and Wildlife Service refuge operations
    and maintenance.
          The managers expect the Office of Aircraft Safety to move
    forward with the replacement of the Fish and Wildlife Service
    survey aircraft using funds from the replacement reserves and,
    at a minimum, to match the funding included in the FWS
    construction account. The Fish and Wildlife Service should work
    with OAS to repay the reserves over time to minimize the
    impacts to other programs.
          The managers expect OAS to develop a plan for all bureaus
    that considers options for recovering the full cost of
    replacing aircraft, with inflationary increases, for all new
    aircraft as they enter the fleet. This plan can consider
    options that allow the Department to raise fees over time to
    reduce the impacts to ongoing programs. The managers remain
    concerned that the process for funding aircraft replacement is
    being subsidized by programmatic funding.
          The managers reluctantly approve the consolidation of
    realty appraisal functions within the Department. The managers
    are particularly concerned about the effect of the
    consolidation on the small easement acquisition program within
    the Fish and Wildlife Service. The Department should take
    special consideration to ensure the ongoing success of the
    small easement program. The managers direct the Department to
    report to the Committees on Appropriations on consolidation
    implementation within six months of enactment of this Act. The
    report should demonstrate that the consolidation has not harmed
    agencies' realty programs, and it should also note cost savings
    and efficiencies gained by the consolidation of appraisal
    functions. The managers will revisit this issue in fiscal year
    2005 should the report prove unsatisfactory. Given that the
    reasons for this proposal were partly to provide consistency
    between agencies and realize cost savings to the government,
    the managers strongly urge the Department not to charge any
    surcharges or assessments for services provided by the National
    Business Center to this office.
          The managers are aware of the Department's initiatives to
    make the resources of electronic-based geographic information
    systems widely available to federal, state, and local
    governments, and the public through the Geospatial One-Stop
    Initiative (GOS). An important component of this effort is the
    GOS Web Port Version 2.0. The managers believe that the entire
    system must be built upon widely accepted industry standards
    for interoperability in order to ensure that the GOS program
    can efficiently and broadly access the maximum available
    governmental and private sector geospatial data, exclusive of
    National security information. The managers expect the
    Department to move the GOS initiative in a direction that is
    consistent with such widely accepted interoperability
    standards. To that end, the managers direct the Department to
    submit to the House and Senate Committees on Appropriations a
    brief report detailing the actions that have been taken thus
    far with respect to the electronic-based geographic information
    systems, the GOS initiative and related initiatives. This
    report should include the Department's plans for follow-on
    procurement and any interoperability requirements for existing
    and future GOS initiatives and when it expects to begin a
    competitive procurement. This report should be submitted no
    later than January 30, 2004.

                              WORKING CAPITAL FUND

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

                           PAYMENTS IN LIEU OF TAXES

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

                            Office of the Solicitor

                             SALARIES AND EXPENSES

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

                          Office of Inspector General

                             SALARIES AND EXPENSES

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

                 Office of Special Trustee for American Indians

                             FEDERAL TRUST PROGRAMS

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

                           INDIAN LAND CONSOLIDATION

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

               Natural Resource Damage Assessment and Restoration

                    NATURAL RESOURCE DAMAGE ASSESSMENT FUND

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

                           ADMINISTRATIVE PROVISIONS

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

                 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

                           TITLE II--RELATED AGENCIES

                           Department of Agriculture

                                 Forest Service

                         FOREST AND RANGELAND RESEARCH

          The conference agreement provides $269,710,000 for forest
    and rangeland research instead of $267,230,000 as proposed by
    the House and $266,180,000 as proposed by the Senate. The
    managers agree to the following changes to the House
    recommendations as proposed by the Senate:
          1. There is a general reduction of $3,384,000.
          2. The forest inventory and analysis program (FIA) is
    increased by $2,911,000. The managers note that with the
    additional $5,000,000 provided for the forest resource
    information and analysis activity within the State and Private
    Forestry appropriation below, the FIA program is provided a
    total of $57,359,000, the same total as proposed by the Senate.
          3. The allocation of $500,000 for global climate change
    work in the Northeast is not provided.
          4. The administrative cost adjustment for the Pacific NW
    station is not provided.
          5. Baltimore urban watershed research is allocated
    $200,000.
          6. The Northeast States research cooperative is provided
    $2,000,000.
          7. The hardwood tree improvement program, IN, is
    allocated $921,000.
          8. The Sitka, AK lab is allocated $1,130,000.
          The managers agree to the following additional changes to
    the House recommendations:
          1. Funding for the advanced housing research consortium
    is reduced by $300,000 for a total of $1,200,000.
          2. Research on adelgids and insects in the east is
    provided $1,500,000 as proposed by the House, but the $500,000
    described by the Senate for pest and pathogen research in
    Morgantown, WV, should come from this allocation.
          3. The invasive species initiative is reduced $650,000
    from the House recommendation.
          4. The conference agreement includes $250,000 for the Joe
    Skeen Institute for Range Research in New Mexico and $250,000
    for the Joe Skeen Institute at Montana State University.
          5. The Forest Products Lab, WI, research on salvage
    lumber is allocated $450,000.
          6. A total of $230,000, transferred from the State and
    Private Forestry account where it was proposed by the Senate,
    is provided for the Fernow Experimental Forest, WV, flood
    modeling and associated research.
          7. Bill language is included which specifies that
    $52,359,000 is available for the FIA program.

                           STATE AND PRIVATE FORESTRY

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

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

          The conference agreement retains bill language proposed
    by the House requiring notification of the Appropriations
    Committees when the Forest Service makes funds available for
    specific forest legacy projects and the conference agreement
    includes the Senate proposal to derive the forest legacy
    program funding from the Land and Water Conservation Fund.
          Urban and Community Forestry.--The conference agreement
    includes $35,299,000 for the urban and community forestry
    program instead of $36,000,000 as proposed by the House and
    $35,999,000 as proposed by the Senate. Changes from the House
    proposal for this activity include a decrease of $100,000 for
    northeast PA community forestry and a total of $200,000 for the
    Chicago greenstreets program, $200,000 for Cook County forest
    preserve, IL, and $150,000 for the People and Parks Fund for
    work on Baltimore, MD urban watershed activities and a
    $1,151,000 general decrease.
          The managers do not concur with the House proposal
    concerning the implementation of a new methodology for the
    allocation of urban and community forestry funds prior to the
    disbursal of funds in fiscal year 2004. The managers believe
    that before a new allocation methodology is adopted by the
    agency, additional information is needed so the Committees can
    fully evaluate the consequences of such a change on the
    program. Accordingly, the managers direct the agency to present
    to the House and Senate Committees on Appropriations, by April
    1, 2004, a report describing the current allocation methodology
    and one or more alternative methodologies that focus additional
    emphasis on program performance. The report must include at
    least one methodology which considers both State and large
    urban area populations, and this methodology should propose
    increasing allocations to States with large urban centers. The
    report may also include other allocation methodologies which do
    not increase allocations to more populated States but instead
    focus on means to enhance program performance. At least one of
    the proposed methodologies should include competitive funding
    for nationally or regionally significant projects. The report
    shall also include an analysis of whether it is still necessary
    to require certain specific staffing levels by a State as a
    condition for obtaining grants through the program. The
    managers expect that this report shall be done in collaboration
    with participating State and non-governmental partners and with
    public input.
          Economic Action Programs.--The conference agreement
    includes $25,925,000 for the economic action programs instead
    of $17,400,000 as proposed by the House and $24,020,000 as
    proposed by the Senate. The managers have provided $1,000,000
    for the wood in transportation program with the understanding
    that this will be the final year of Federal assistance. The
    conference agreement does not include the specific allocation
    of $2,000,000 for the Northeast-Midwest in the rural
    development through forestry program. The conference agreement
    includes bill language concerning a $500,000 direct payment for
    the Kake land exchange, AK. The allocation for Cradle of
    Forestry conservation education, NC, includes $250,000 for the
    Pisgah Forest Institute and $300,000 for the Cradle of
    Forestry, USDA. The allocation of $750,000 for the education
    and research consortium of western North Carolina includes
    $250,000 for the new educational program at Pisgah Forest
    Institute, $250,000 for expanding this educational program in
    northeastern Pennsylvania, and $250,000 for the landscape
    management system program. The Senate instructions on the
    disbursal of funds for the Chugach Avalanche Center and
    Ketchikan Wood Technology Center should be followed.
          The conference agreement includes the following
    distribution of funds for the economic action programs:

            Program/Project                                           Amount
    Economic recovery base program..........................      $5,000,000
    Rural development base program..........................       4,000,000
    Forest products, conservation & recycling...............       1,300,000
    Wood in transportation..................................       1,000,000
                        --------------------------------------------------------
                        ____________________________________________________
          Subtotal, Programs................................      11,300,000
                        ========================================================
                        ____________________________________________________
    Special projects:
        Alabama rural economic action.......................         500,000
        Arid Lands Research Consortium......................         400,000
        Cradle of Forestry conservation education, NC.......         550,000
        Gonzaga Univ. Inland NW Natural Resources Center, WA         600,000
        KY mine waste reforestation.........................       1,000,000
        Lake Tahoe erosion control grants, CA, NV...........       1,750,000
        Education & research consortium of western NC.......         750,000
        Rural forestry technology, Univ. WA and WA St. U....         625,000
        Woody biomass applications, SUNY, Syracuse, NY......         750,000
        Wood Education & Resource Center, WV................       2,700,000
        Chugach avalanche center, AK........................         200,000
        Ketchikan wood technology Center, AK................         750,000
        Mountain studies institute, CO......................         500,000
        Environmental Science & public policy research, ID..         250,000
        Missouri forest foundation biomass project..........       1,000,000
        Fuels-in-schools biomass program, MT................       1,250,000
        Univ. of Idaho collaborative working forests........         350,000
        Northern forests partnership program................         100,000
        Fontana Lake, Swain county econ. development Study,
          NC................................................         100,000
        Kake land exchange, AK..............................         500,000
                        --------------------------------------------------------
                        ____________________________________________________
          Subtotal, Special Projects........................      14,625,000
                        ========================================================
                        ____________________________________________________
          Total, Economic Action............................      25,925,000

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

                             NATIONAL FOREST SYSTEM

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

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

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

                            WILDLAND FIRE MANAGEMENT

          The conference agreement provides $1,944,212,000 for
    wildland fire management instead of $1,624,632,000 as proposed
    by the House and $1,543,072,000 as proposed by the Senate. This
    total includes $301,000,000 in emergency funds, as requested by
    the Administration, to repay costs incurred during wildfire
    suppression emergencies. This emergency amount replaces the
    funds recommended in Title IV of the Senate bill.
          Wildfire Suppression Operations.--The conference
    agreement includes $604,580,000 for suppression operations,
    instead of $520,000,000 as proposed by the House and
    $514,327,000 as proposed by the Senate. The managers have
    provided the full amount requested by the administration for
    wildfire suppression, an increase of $252,616,000 above the
    fiscal year 2003 funding level. The conference agreement
    retains the bill language in administrative provisions, which
    allows funds from other Forest Service accounts to be
    transferred for suppression during emergencies if appropriated
    funds in this account are exhausted, but the language has been
    modified to require the Forest Service to first transfer some
    portion of funds not immediately needed for project completion
    from the land acquisition and forest legacy programs. The
    wildfire borrowing has caused serious program disruption
    throughout the Forest Service during the past two years. The
    managers implore the Administration to work with the Congress
    to create a more reasoned approach to funding these vital
    wildfire suppression activities, while implementing new,
    substantial measures to control costs of large wildfire events.
          The conference agreement has modified bill language
    proposed by the Senate concerning reimbursements to States for
    non-fire related costs incurred during national emergencies.
    The new language allows these reimbursements if it is clear
    that the funds would be derived from Federal emergency
    agencies, not the Forest Service. The managers agree with the
    Senate direction concerning the use of a private contract with
    commercial providers of off-duty or trained personnel with law
    enforcement backgrounds to provide security services in
    firefighting camps. The managers expect the Forest Service to
    develop the mechanisms, plans, and procedures for consistent,
    efficient, and cost-effective fire camp security and develop a
    business analysis of the costs and benefits of such a contract
    compared with the costs and benefits of providing such services
    using comparable Federal personnel. The managers are pleased
    with the progress of the first two phases of the Incident
    Qualification and Certification System project. The managers
    recognize the importance of this interagency effort in relation
    to firefighter safety and fire resource management and look
    forward to its national implementation.
          Wildfire Preparedness.--The agreement includes
    $680,000,000 for preparedness, a reduction of $18,000,000 from
    the House recommendation and $20,000,000 below the Senate
    recommendation. The managers note that funds provided in this
    Act are at a level that approximates the amount used by the
    agency in fiscal year 2003 to achieve a consistent level of
    readiness and enable the agency to promptly execute initial
    attack operations. The managers direct the agency to generate
    appropriate programming efficiencies that will result in a
    similar level of on-the-ground resources being available for
    initial attack operations. The managers expect the agency to
    maximize efforts to reduce expenses in program management
    functions to ensure priority is given to maintaining the level
    of on-the-ground resources that is consistent with levels of
    the past two years. The managers also direct the agency to
    evaluate further actions that may be necessary to maintain this
    level of readiness and to inform the subcommittees of such
    actions that are planned for implementation.
          Other Wildfire Operations.--The conference agreement
    includes $358,632,000 for other fire operation activities
    instead of $406,632,000 as proposed by the House and
    $328,745,000 as proposed by the Senate. The allocation of this
    funding is as follows:

            Program                                                   Amount
    Hazardous Fuels.........................................    $236,392,000
    Rehabilitation & restoration............................       7,000,000
    Research & Development..................................      22,300,000
    Joint Fire Science......................................       8,000,000
    Forest Health Management federal........................      15,000,000
    Forest Health Management cooperative....................      10,000,000
    State and community fire assistance.....................      51,700,000
    Volunteer fire assistance...............................       8,240,000
                        --------------------------------------------------------
                        ____________________________________________________
          Total other wildfire operations...................     358,632,000

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

                      CAPITAL IMPROVEMENT AND MAINTENANCE

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

            Activity/Project                                          Amount
    Facilities:
        Maintenance.........................................     $98,342,000
        Capital Improvement.................................      93,993,000
        Congressional Priorities:
            Allegheny NF recreation projects, PA............         975,000
            Bradford RD office completion, PA...............         190,000
            Cherokee NF, Chilhowee rec area I & II, TN......         674,000
            Cradle Forestry rehab & exhibits, NC............         175,000
            D. Boone NF, recreation improvements, KY........         795,000
            Nantahala NF Santeetlah Lake boat ramp
              improvements, NC..............................       1,250,000
            Nantahala NF Jackrabbit rec area, NC............       1,030,000
            Pisgah NF, Lake Powhatan cmpgrd rehab, NC.......       1,660,000
            Pisgah NF, Mortimer Recreation Area, NC.........         200,000
            San Bernardino NF sanitation rehab, CA..........         725,000
            Waldo Lake rec rehab, OR........................         450,000
            Tongass Juneau housing phase I, AK..............       1,051,000
            Tongass Juneau housing phase II, AK.............         552,000
            Tongass Admir. NM/Juneau RD admin phase I, AK...         619,000
            Tongass Admir. NM/Juneau RD admin phase II, AK..       2,419,000
            Black Hills Mystic Lab/common area, SD..........       4,300,000
            Monongahela NF facilities, WV...................       1,190,000
            University of Montana planning, MT..............         150,000
            Smith County lake feasibility study, MS.........         300,000
            Inst. Pacific Islands Forestry, HI..............       2,500,000
            Forest Products lab durability facility, WI.....         500,000
            Camp Ouachita, AR...............................       1,000,000
            Tongass NF log transfer facilities, AK..........       1,500,000
            Chugach NF Russian River visitor center
              planning, AK..................................         500,000
                        --------------------------------------------------------
                        ____________________________________________________
              Subtotal, Congressional Priorities............      24,705,000
                        --------------------------------------------------------
                        ____________________________________________________
              Subtotal, Facilities..........................     217,040,000
                        ========================================================
                        ____________________________________________________
    Roads:
        Maintenance.........................................    $153,000,000
        Capital Improvement.................................      75,500,000
        Congressional Priorities:
            Caribbean NF emergency repairs, PR..............         325,000
            Chattahooche NF Rich Mtn rd, GA.................         318,000
            Coweeta research center improvements, NC........         125,000
            Lake Tahoe basin, rehab & decommissioning, CA NV       2,000,000
            Mt. Hood NF, Cloud Cap & Hood River Meadows, OR.         396,000
            Highland Scenic Hwy, Williams River, WV.........         800,000
            Tongass NF, AK..................................       5,000,000
                        --------------------------------------------------------
                        ____________________________________________________
              Subtotal, Congressional Priorities............       8,964,000
                        --------------------------------------------------------
                        ____________________________________________________
              Subtotal, Roads...............................     237,464,000
                        ========================================================
                        ____________________________________________________
    Trails:
        Maintenance.........................................     $37,750,000
        Capital Improvement.................................      32,000,000
        Congressional Priorities:
            D. Boone NF, Cave Run & Laurel Lake horse
              trails, KY....................................         500,000
            FL National scenic trail........................         500,000
            Pacific Crest trail improvements, CA OR WA......         850,000
            Mount Yonah & Pinhoti Trails, GA................         350,000
            Continental Divide Trail........................       1,000,000
            Pulaski trail, ID...............................         300,000
            Fernwood Park, Wasatch-Cache NF, UT.............         500,000
            National trails, national responsibility........       1,500,000
            National trails, national responsibility........         400,000
                        --------------------------------------------------------
                        ____________________________________________________
              Subtotal, Congressional Priorities............       5,900,000
                        --------------------------------------------------------
                        ____________________________________________________
              Subtotal, Trails..............................      75,650,000
                        ========================================================
                        ____________________________________________________
    Infrastructure Improvement:
        Fish Passage Barriers...............................       7,200,000
        Deferred Maintenance................................      24,800,000
                        --------------------------------------------------------
                        ____________________________________________________
              Subtotal, Infrastructure Improvement..........      32,000,000
                        ========================================================
                        ____________________________________________________
          Total, Capital Improvement and Maintenance........     562,154,000

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

                                LAND ACQUISITION

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

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

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

             ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

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

                ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

                             RANGE BETTERMENT FUND

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

        GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH

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

            MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

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

                   ADMINISTRATIVE PROVISIONS, FOREST SERVICE

          The managers have retained the Senate bill language
    concerning aircraft for replacement. The conference agreement
    includes the Senate bill language concerning the transfer
    authority during wildfire emergencies after all fire
    suppression funds are obligated, but the agreement also
    specifies that the Forest Service will first transfer some
    portion of the funds from the land acquisition and forest
    legacy programs when available. The conference agreement allows
    the Forest Service to advance $3,000,000 to the National Forest
    Foundation and permits the Foundation up to $350,000 for
    administrative costs. The conference agreement includes the
    House proposed bill language for the National Fish and Wildlife
    Foundation. The conference agreement does not include specific
    direction concerning Jobs in the Woods grants in the State of
    Washington. The House language concerning High Sierra packers,
    CA is retained as is the Senate proposal concerning transfers
    of funds to implement the T'uf Shur Bien Preservation Trust Act
    in New Mexico. The conference agreement includes the Senate
    proposal for the Older Americans Act matching funds and the
    Senate proposal concerning sale of excess buildings on the
    Wasatch-Cache NF, UT.
          The managers are very concerned about USDA working
    capital fund charges levied against Forest Service accounts
    that far exceed anticipated levels. Bill language in section
    342 of this Act requires greater clarity from all the agencies
    funded in this Act in their use of assessments.
          Both the House and the Senate Committee reports expressed
    serious concern for the manner in which the Forest Service has
    implemented competitive sourcing studies. The managers remain
    very concerned and have provided instructions for the Forest
    Service and other agencies in section 340 of this Act, which
    replace the earlier instructions. The managers understand that
    last year the Forest Service spent at least $18,000,000 on this
    effort without any prior notification of, or approval by, the
    Committees on Appropriations. The managers understand that this
    effort will go forward during fiscal year 2004, but the
    Administration will provide more timely information to Congress
    and the public when undertaking competitive sourcing
    activities.
          The managers encourage the Departments of the Interior
    and Agriculture to resume settlement negotiations regarding the
    new license for the Box Canyon Project (P-2042) with Public
    Utility District No. 1 of Pend Oreille County, WA, the Kalispel
    Tribe of Indians, and others. The goal of these negotiations
    should be a comprehensive settlement that addresses the power
    needs of the utility while ensuring reasonable measures are
    taken to address the environmental impacts of the project.

                              Department of Energy

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

                             CLEAN COAL TECHNOLOGY

                           (DEFERRAL AND RESCISSION)

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

                     FOSSIL ENERGY RESEARCH AND DEVELOPMENT

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

                     NAVAL PETROLEUM AND OIL SHALE RESERVES

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

                          ELK HILLS SCHOOL LANDS FUND

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

                              ENERGY CONSERVATION

          The conference agreement provides $888,937,000 for energy
    conservation instead of $879,487,000 as proposed by the House
    and $861,645,000 as proposed by the Senate. The numerical
    changes described below are to the House recommended level.
          In vehicle technologies, there is a decrease of $500,000
    in innovative concepts for the graduate automotive technology
    education program. There is an increase of $1,000,000 in
    subsystem integration and development for heavy vehicle
    propulsion and ancillary subsystems to fund an application
    specific refuse vehicle demonstration. There are decreases for
    advanced combustion engine research of $1,000,000 for
    combustion and emissions control for light and heavy-duty
    vehicles, $1,000,000 for heavy truck engine, and $500,000 for
    health impacts. Thereis also an increase in advanced combustion
    engine research of $2,000,000 for waste heat recovery.
          Also in vehicle technologies, there is a decrease of
    $1,000,000 in materials technology for automotive lightweight
    materials research. In fuels technology, there are decreases of
    $3,000,000 for advanced petroleum based fuels and $1,000,000
    for environmental impacts and an increase of $400,000 in non-
    petroleum fuels and lubes for renewable and synthetic fuels. In
    technology introduction, there is an increase of $500,000 in
    testing and evaluation for vehicle evaluation. Finally, there
    is a decrease of $100,000 for the biennial FreedomCAR peer
    review.
          In fuel cell technology, increases include $1,000,000 for
    transportation systems, $2,500,000 for stack component research
    and development, and $10,000,000 for technology validation.
    There is a decrease of $4,000,000 for fuel processor research
    and development.
          In weatherization and intergovernmental, there are
    increases of $500,000 for the clean cities program and $500,000
    for the inventions and innovations program and decreases of
    $10,000,000 for weatherization assistance, $500,000 for State
    energy programs, and $500,000 for the rebuild America program.
          In distributed energy resources, there are decreases of
    $500,000 for industrial gas turbines, $1,000,000 for
    reciprocating engines (with the understanding that Argonne
    National Laboratory will provide technical support for this
    program), and $2,000,000 for advanced materials and sensors and
    an increase of $1,000,000 in distributed energy systems
    applications integration for the National Accounts Energy
    Alliance. The oil heat research program has been moved to the
    building technologies activity.
          In building technologies, there are increases of $500,000
    for oil heat research for residential buildings, $1,250,000 in
    emerging technologies for lighting research and development,
    and $500,000 in equipment and analysis for appliance standards
    and decreases in emerging technologies of $350,000 for space
    conditioning and refrigeration and $250,000 for appliances and
    emerging technology research and development.
          In industrial technologies there are decreases of
    $2,500,000 for the black liquor gasification program and
    $1,000,000 for industrial assessment centers.
          In biomass and biorefinery systems, there is an increase
    of $7,600,000 to restore partially the base budget. The
    Department should keep the House and Senate Committees on
    Appropriations advised on how these funds will be used and
    should ensure that these programs have a direct relationship to
    programs historically funded in the Interior bill and are
    clearly distinct from biomass programs funded in the Energy and
    Water bill.
          In program management, there is a decrease of $5,000,000
    for the energy efficiency science initiative and an increase of
    $900,000 for management of the distributed energy resources
    program, including additional staffing and program management
    support through the National Energy Technology Laboratory.
          Finally, there is an increase of $15,000,000 because the
    managers have not agreed to the general decrease adopted in
    House floor action.
          Bill Language.--The conference agreement earmarks
    $274,500,000 for energy conservation grant programs instead of
    $285,000,000 as proposed by the House and $274,000,000 as
    proposed by the Senate. The conference agreement earmarks
    $230,000,000 for weatherization assistance as proposed by the
    Senate instead of $240,000,000 as proposed by the House. The
    conference agreement earmarks $44,500,000 for State energy
    programs instead of $45,000,000 as proposed by the House and
    $44,000,000 as proposed by the Senate.
          The managers agree to the following:
          1. The budget justification for fiscal year 2005 should
    include a program specific table like the one provided
    separately to the House and Senate Committees on Appropriations
    for fiscal year 2004. The Department should also clearly
    indicate, in the budget justification for the program
    management account, the amount of management funds and staffing
    for each program area. The official budget detail table should
    contain stub entries for sub-activities within each program
    area. The Department should consult with the House and Senate
    Committees on Appropriations on the Congressional budget
    justification presentation for fiscal year 2005 as soon as
    possible but no later than November 25, 2003.
          2. The managers support the goals of the national climate
    change technology initiative--reducing greenhouse gas emissions
    and sequestering greenhouse gases--and encourage the Department
    to propose funding in future budgets within the context of
    existing programs in energy conservation and fossil energy
    research and development.
          3. The funds available for health impacts research in the
    vehicle technologies program should be used to continue
    existing projects.
          4. Of the funds provided for waste heat recovery
    research, $500,000 is to continue the base program and
    $2,000,000 is for engine turbocharger research.
          5. Within the amount provided in vehicle technologies for
    materials research, the Department should continue work on
    metal matrix composites and should work on predictive
    engineering for lightweight materials.
          6. With the increased funds provided above the budget
    request for medium duty trucks in the non-petroleum fuels and
    lubes program, the managers understand that the Department will
    partner with industry to design/engineer at least two
    additional medium duty vehicle platforms with fully integrated
    natural gas engine and fuel systems to serve critical market
    niche applications; improve understanding and acceptance of
    natural gas vehicle technologies among fire, safety, and code
    officials; and conduct on-road evaluations of natural gas
    vehicles to determine their performance and identify technology
    development needs.
          7. With the increased funds provided above the budget
    request for heavy duty trucks in the non-petroleum fuels and
    lubes program, the managers understand that the Department will
    develop heavy duty engines to operate on natural gas feedstock
    fuels used as either neat fuels or as blend stocks with
    conventional diesel fuels; develop engine and vehicle systems
    that use liquefied natural gas for optimal use in class eight
    trucks; and conduct on-road evaluations of liquefied natural
    gas vehicles to determine their performance and identify
    technology development needs.
          8. With the increased funds provided above the budget
    request for fueling infrastructure in the non-petroleum fuels
    and lubes program, the managers understand that the Department
    will conduct research on a fueling station that could dispense
    compressed natural gas, liquefied natural gas, and compressed
    hydrogen; obtain exhaust samples and complete emissions
    characterization of emissions from natural gas vehicles using
    various after-treatment devices and ascertain the toxicity of
    resulting emissions; and complete development of particulate
    measurement technologies capable of obtaining and
    characterizing nanometer-scale samples.
          9. The amount provided for lighting research includes
    $7,750,000 for the solid-state lighting program (also known as
    the next generation lighting initiative).
          10. Funding for the National Fenestration Rating Council
    should continue at the same level as in fiscal year 2003.
          11. Not less than $1,000,000 in the distributed energy
    systems applications integration program shall be used for the
    National Accounts Energy Alliance. The Department should
    complete its existing contracts; keep the funds provided in
    fiscal year 2004 in the base budget for future years; and add
    new projects as the current ones are completed.
          12. Within the funds provided for the black liquor
    gasification program, research should continue on the low
    temperature Kraft process.
          13. The managers are aware that under current law the
    Secretary of Energy can qualify additional energy-conservation
    devices for grants under the weatherization assistance program.
    The Senate bill included a provision to make electrothermal
    storage technology explicitly eligible for funds provided under
    this program. The managers expect the Secretary to consider
    including electrothermal storage technology as an eligible
    energy conserving device.
          14. There is no funding provided in fiscal year 2004 for
    the energy efficiency science initiative.
          15. The managers encourage the use of the National Energy
    Technology Laboratory for energy conservation program
    management support. However, to the maximum extent possible,
    funds for NETL support should come from the program management
    activity. The managers agreed, in approving the energy
    efficiency and renewable energy reorganization, to transfer
    program management funds from individual programs to a single
    account. Programs should not be asked to pay additional
    management costs for NETL. Those costs should already be
    factored into the program management activity. If sufficient
    funds are not available in the program management activity, a
    reprogramming should immediately be submitted to the House and
    Senate Committees on Appropriations clearly explaining why
    additional funds are needed and fully justifying any use of
    program funds for management. Under no circumstances should
    funds provided in the Interior bill for program management be
    used to support programs funded in the Energy and Water bill.
          The managers agree that the $3,000,000 provided for
    cooperative programs on technology transfer from National
    Laboratories with the Education and Research Consortium of the
    Western Carolinas is for technology maturation research to
    improve the cost-performance of technologies including late-
    stage engineering and high-performance computing support, when
    appropriate, as well as database development and data mining
    and monitored field evaluations of novel technologies.
          The DOE National Laboratories have developed numerous new
    energy conservation technologies that have the potential to
    reduce the energy required to heat and cool buildings in
    southeastern climates. Their micro sensors, controls, and
    wireless communications inventions can significantly improve
    the energy efficiency and economic competitiveness of
    industrial processes such as the pulping and drying of forest
    products. The National Laboratories also have developed fuel
    cell devices and engine emission control systems that have
    significant commercial appeal, can improve air quality, and can
    strengthen the energy security of the nation. A concerted
    technology transfer effort will help translate these and other
    National Laboratory-developed technology concepts into
    marketable products that have significant potential for
    reducing both energy usage and energy costs.

                              ECONOMIC REGULATION

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

                          STRATEGIC PETROLEUM RESERVE

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

                       NORTHEAST HOME HEATING OIL RESERVE

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

                       ENERGY INFORMATION ADMINISTRATION

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

                    Department of Health and Human Services

                             Indian Health Service

                             INDIAN HEALTH SERVICES

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

                            INDIAN HEALTH FACILITIES

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

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

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

                ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

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

                             OTHER RELATED AGENCIES

                  Office of Navajo and Hopi Indian Relocation

                             SALARIES AND EXPENSES

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

        Institute of American Indian and Alaska Native Culture and Arts
                                  Development

                            PAYMENT TO THE INSTITUTE

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

                            Smithsonian Institution

                             SALARIES AND EXPENSES

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

                               FACILITIES CAPITAL

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

               ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

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

                            National Gallery of Art

                             SALARIES AND EXPENSES

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

                REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

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

                 John F. Kennedy Center for the Performing Arts

                           OPERATIONS AND MAINTENANCE

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

                                  CONSTRUCTION

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

                Woodrow Wilson International Center for Scholars

                             SALARIES AND EXPENSES

          The conference agreement provides $8,604,000 for salaries
    and expenses of the Woodrow Wilson International Center for
    Scholars as proposed by both the House and the Senate.

               National Foundation on the Arts and the Humanities

                        National Endowment for the Arts

                           GRANTS AND ADMINISTRATION

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

                     National Endowment for the Humanities

                           GRANTS AND ADMINISTRATION

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

                                MATCHING GRANTS

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

                            Commission of Fine Arts

                             SALARIES AND EXPENSES

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

                   National Capital Arts and Cultural Affairs

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

                   Advisory Council on Historic Preservation

                             SALARIES AND EXPENSES

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

                      National Capital Planning Commission

                             SALARIES AND EXPENSES

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

                    United States Holocaust Memorial Museum

                           HOLOCAUST MEMORIAL MUSEUM

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

                                 Presidio Trust

                              PRESIDIO TRUST FUND

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

                         TITLE III--GENERAL PROVISIONS

          The conference agreement includes sections 301-304, 307,
    309-317, and 319-321 which were identical in both the House and
    Senate bills.
          The conference agreement includes the text of the
    following sections in the House bill, which contained identical
    text in the Senate bill, but had different section numbers in
    the Senate bill. The House section numbers were 326, 327, and
    329.
          Section 305--The conference agreement retains Senate
    section 305 continuing a provision restricting departmental
    assessments unless approved by the Committees on
    Appropriations. The House had a similar provision.
          Section 306--The conference agreement retains Senate
    section 306 continuing a provision limiting the actions of the
    Forest Service and the Bureau of Land Management with regard to
    the sale of giant sequoia trees. The House had a similar
    provision.
          Section 308--The conference agreement retains House
    section 308 dealing with contract support costs in the Bureau
    of Indian Affairs and the Indian Health Service.
          Section 318--The conference agreement retains House
    section 318 continuing a provision regulating the export of
    Western Red Cedar from the national forest system in Alaska.
    The Senate had a similar provision.
          Section 322--The conference agreement retains House
    section 322 extending the Forest Service Conveyances Pilot
    Program.
          Section 323--The conference agreement retains Senate
    section 322 continuing for one year a provision providing
    authority for the staff of Congressionally established
    foundations to use GSA contract air and hotel rates. The House
    proposed to make this provision permanent.
          Section 324--The conference agreement retains Senate
    section 323 providing the Secretary of Agriculture and the
    Secretary of the Interior the authority to enter into
    reciprocal agreements with foreign nations concerning the
    personal liability of firefighters. The House had a similar
    provision.
          Section 325--The conference agreement modifies Senate
    section 324 continuing a provision dealing with processing
    expired grazing permits by the Bureau of Land Management and
    the Forest Service. The House had a similar provision.
          Section 328--The conference agreement retains House
    section 328 continuing a legislative provision limiting funds
    for oil or gas leasing or permitting on the Finger Lakes
    National Forest, NY.
          The conference agreement does not include Senate section
    329 allowing for a local exemption from the Forest Service fee
    demonstration program.
          Section 330--The conference agreement retains Senate
    section 328 continuing a provision authorizing the Secretary of
    the Interior and the Secretary of Agriculture to give
    consideration to rural communities and non-profit groups for
    hazardous fuels reduction contracts. The House had a similar
    provision.
          Section 333--The conference agreement retains Senate
    section 330 modifying the Gallatin Land Consolidation Act of
    1998.
          Section 331--The conference agreement retains House
    section 331 limiting the use of funds for filing declarations
    of takings or condemnations. This provision does not apply to
    the Everglades National Park Protection and Environmental Act.
          Section 336--The conference agreement modifies Senate
    section 331 allowing the Secretary of Agriculture to convey
    land acquired under the Forest Legacy program; the new
    provision applies only to the State of Vermont, and if the
    conveyed lands or interests in lands are ever sold in the
    future by the State of Vermont, the State must reimburse the
    Secretary of Agriculture and this funding would be credited to
    the Forest Service wildfire management account.
          Section 332--The conference agreement modifies House
    section 332 to extend the Recreation Fee Demonstration Program
    for 15 months instead of a two-year extension as proposed by
    the House.
          Section 337--The conference agreement retains Senate
    section 332 amending the Lake Tahoe Restoration Act to modify
    cost sharing requirements.
          Section 334--The conference agreement retains House
    section 333 making permanent existing procurement authorities
    for the Land Between the Lakes NRA, KY and TN.
          Section 338--The conference agreement retains Senate
    section 333 concerning legal challenges to timber sales on the
    Tongass National Forest.
          Section 335--The conference agreement retains House
    section 334 amending and extending the pilot program for the
    harvest of botanical products on Forest Service lands.
          Section 339--The conference agreement modifies Senate
    section 334 concerning cancellation of certain timber sale
    contracts in Alaska by removing the first clause, and by adding
    language so that the authority to terminate a contract under
    this section shall apply to a maximum number of 70 timber sale
    contracts on the Tongass National forest awarded between
    October 1, 1995 and January 1, 2002; and the Secretary of
    Agriculture must determine that the cost to the government of
    seeking a legal remedy against a purchaser would likely exceed
    the cost of terminating the contract.
          Section 340--The conference agreement modifies House
    section 335 requiring full accounting of the funding
    requirements of competitive sourcing studies and limiting the
    use of funds for competitive sourcing studies under certain
    situations.
          The managers have modified the House language to require
    that funding levels for competitive sourcing studies be
    displayed in annual budget justifications for the programs
    funded in this bill for the Department of the Interior, the
    Department of Energy, and the Forest Service. This section also
    requires these agencies to provide detailed reporting on the
    results of past competitive sourcing studies by December 31,
    2003. In addition, for fiscal year 2004, these agencies and
    programs are required to submit to the House and Senate
    Committees on Appropriations, within 60 days of enactment of
    this Act, a detailed program of work for competitive sourcing
    activities planned for fiscal year 2004.
          The total amounts that may be spent by the Department of
    the Interior and the Department of Energy for competitive
    sourcing activities initiated or continued in fiscal year 2004,
    without obtaining approval through the reprogramming process,
    are $2,500,000 and $500,000, respectively. If additional funds
    are required over and above these amounts, the Department of
    the Interior and the Department of Energy should follow
    established reprogramming guidelines. The Forest Service may,
    on the other hand, spend a maximum of $5,000,000 on competitive
    sourcing activities initiated or continued in fiscal year 2004.
          Each competitive sourcing study involving more than ten
    Federal employees must be based on a most cost efficient and
    cost effective organization plan and the contracted function
    must be less costly to the government by ten percent or
    $10,000,000. Certain types of procurements and businesses
    involving non-profit handicap organizations, Indian tribes, and
    Hawaiian natives are exempt from the most effective and cost
    efficient organization plan requirement and the ten percent or
    $10,000,000 threshold.
          The conference agreement does not include Senate section
    335 permitting use of previously appropriated funds and other
    funds for acquisition of land in the Blueberry Lake area in
    Green Mountain NF, Vermont.
          The conference agreement does not include House section
    336 limiting the use of funds for implementing competitive
    sourcing studies at Archeological Centers in Nebraska and
    Florida. This issue is addressed in General Provisions,
    Department of the Interior at the end of Title I.
          The conference agreement does not include Senate section
    336 dealing with electrothermal storage technology. This issue
    is addressed under the energy conservation account.
          The conference agreement does not include House section
    337 limiting funds to implement amendments to Bureau of Land
    Management regulations on recordable Disclaimers of Interest.
          The conference agreement does not include Senate section
    337 establishing a Zortman/Landusky mine reclamation trust fund
    with annual deposits from the Treasury of $2,250,000.
          Sections 341 and 342--The conference agreement modifies
    Senate section 338 amending the Southern Nevada Public Land
    Management Act, and includes an additional amendment to the
    same Act regarding land exchanges.
          The conference agreement does not include Senate section
    339 authorizing the acquisition of land by donation in Nye
    County, NV, for administrative and visitor facilities for Death
    Valley NP.
          The conference agreement modifies Senate section 341
    dealing with the conveyance of lands to Las Vegas, NV. This
    issue is also addressed in General Provisions, Department of
    the Interior at the end of Title I.
          The conference agreement does not include Senate section
    342 requiring a report detailing the scenarios under which the
    Northeast Home Heating Oil Reserve will be drawn down.
          The conference agreement retains Senate section 343
    amending a previous act regarding a boundary revision at
    Congaree Swamp NM, SC. This issue is addressed in General
    Provisions, Department of the Interior at the end of Title I.
          The conference agreement retains Senate section 344
    amending the Marine Mammal Protection Act. This issue is
    addressed in General Provisions, Department of the Interior at
    the end of Title I.
          The conference agreement does not include Senate section
    345 exempting business size restrictions for rural business
    enterprise grants for Oakridge, Oregon.
          Section 343--The conference agreement includes language
    requiring Departmental assessments to be displayed in the
    budget justification and requiring approval of the Committees
    on Appropriations for any changes to the assessments.
          The conference agreement does not include a separate
    Title IV dealing with wildland fire emergency appropriations as
    proposed by the Senate. However, $99,000,000 in emergency fire
    funds for repayment of monies borrowed from other accounts is
    included in the Bureau of Land Management, Wildland Fire
    Management account. An additional $301,000,000 for a similar
    purpose is included in the Forest Service Wildland Fire
    Management account. These amounts were requested by the
    Administration.
          Section 344--The conference agreement includes an across
    the board reduction of 0.646 percent. This reduction should be
    applied to each program, project, and activity.

       TITLE IV--FLATHEAD AND KOOTENAI NATIONAL FOREST REHABILITATION ACT

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

                       Conference Total--With Comparisons

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

                            [In thousands of dollars]

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

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

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

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