[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
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____________________________________________________
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
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____________________________________________________
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.