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



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-330
======================================================================
 
 MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR AND RELATED 
 AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004, AND FOR OTHER 
                                PURPOSES

                                _______
                                

                October 28, 2003.--Ordered to be printed

                                _______
                                

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

                           CONFERENCE REPORT

                        [To accompany H.R. 2691]

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

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

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

                        wildland fire management

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

                    central hazardous materials fund

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

                              construction

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

                            land acquisition

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

                   oregon and california grant lands

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

               forest ecosystems health and recovery fund

                   (REVOLVING FUND, SPECIAL ACCOUNT)

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

                           range improvements

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

               service charges, deposits, and forfeitures

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

                       miscellaneous trust funds

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

                       administrative provisions

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

                United States Fish and Wildlife Service

                          resource management

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

                              construction

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

                            land acquisition

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

                      landowner incentive program

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

                           stewardship grants

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

            cooperative endangered species conservation fund

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

                     national wildlife refuge fund

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

               north american wetlands conservation fund

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

                neotropical migratory bird conservation

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

                multinational species conservation fund

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

                    state and tribal wildlife grants

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

                       administrative provisions

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

                         National Park Service

                 operation of the national park system

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

                       united states park police

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

                  national recreation and preservation

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

                     urban park and recreation fund

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

                       historic preservation fund

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

                              construction

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

                    land and water conservation fund

                              (RESCISSION)

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

                 land acquisition and state assistance

                     (INCLUDING TRANSFERS OF FUNDS)

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

                       administrative provisions

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

                    United States Geological Survey

                 surveys, investigations, and research

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

                       administrative provisions

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

                      Minerals Management Service

                royalty and offshore minerals management

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

                           oil spill research

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

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

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

                    abandoned mine reclamation fund

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

                        Bureau of Indian Affairs

                      operation of indian programs

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

                              construction

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

 indian land and water claim settlements and miscellaneous payments to 
                                indians

                     (INCLUDING TRANSFER OF FUNDS)

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

                 indian guaranteed loan program account

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

                       administrative provisions

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

                          Departmental Offices

                            Insular Affairs

                       assistance to territories

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

                      compact of free association

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

                        Departmental Management

                         salaries and expenses

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

                          WORKING CAPITAL FUND

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

                       payments in lieu of taxes

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

                        Office of the Solicitor

                         salaries and expenses

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

                      Office of Inspector General

                         salaries and expenses

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

             Office of Special Trustee for American Indians

                         federal trust programs

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

                       indian land consolidation

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

           Natural Resource Damage Assessment and Restoration

                natural resource damage assessment fund

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

                       administrative provisions

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

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     FOREST AND RANGELAND RESEARCH

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

                       state and private forestry

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

                         national forest system

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

                        wildland fire management

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

                  capital improvement and maintenance

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

                            land acquisition

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

         acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

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

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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

        management of national forest lands for subsistence uses

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

               administrative provisions, forest service

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

                          DEPARTMENT OF ENERGY

                         clean coal technology

                       (DEFERRAL AND RESCISSION)

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

                 fossil energy research and development

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

                 naval petroleum and oil shale reserves

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

                      elk hills school lands fund

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

                          ENERGY CONSERVATION

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

                          economic regulation

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

                      strategic petroleum reserve

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

                   northeast home heating oil reserve

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

                   energy information administration

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

            administrative provisions, department of energy

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

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

                        indian health facilities

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

            administrative provisions, indian health service

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

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

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

                        Smithsonian Institution

                         salaries and expenses

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

                           facilities capital

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

           administrative provisions, smithsonian institution

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

                        National Gallery of Art

                         salaries and expenses

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

            repair, restoration and renovation of buildings

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

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

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

                              construction

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

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

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

                 National Endowment for the Humanities

                       grants and administration

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

                            matching grants

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

                       Administrative Provisions

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

                        Commission of Fine Arts

                         salaries and expenses

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

               national capital arts and cultural affairs

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

               Advisory Council on Historic Preservation

                         salaries and expenses

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

                  National Capital Planning Commission

                         salaries and expenses

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

                United States Holocaust Memorial Museum

                       holocaust memorial museum

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

                             Presidio Trust

                          PRESIDIO TRUST FUND

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

                     TITLE III--GENERAL PROVISIONS

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

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

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

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

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

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

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

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

                        Reprogramming Guidelines

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

                          Competitive Sourcing

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

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   MANAGEMENT OF LANDS AND RESOURCES

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

                        WILDLAND FIRE MANAGEMENT

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

                    CENTRAL HAZARDOUS MATERIALS FUND

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

                              CONSTRUCTION

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

                            LAND ACQUISITION

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

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

                   OREGON AND CALIFORNIA GRANT LANDS

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

                           RANGE IMPROVEMENTS

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

               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

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

                       MISCELLANEOUS TRUST FUNDS

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

                United States Fish and Wildlife Service

                          RESOURCE MANAGEMENT

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

                              CONSTRUCTION

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

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

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

                            LAND ACQUISITION

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

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

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

                      LANDOWNER INCENTIVE PROGRAM

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

                           STEWARDSHIP GRANTS

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

            COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

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

                     NATIONAL WILDLIFE REFUGE FUND

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

               NORTH AMERICAN WETLANDS CONSERVATION FUND

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

                NEOTROPICAL MIGRATORY BIRD CONSERVATION

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

                MULTINATIONAL SPECIES CONSERVATION FUND

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

                    STATE AND TRIBAL WILDLIFE GRANTS

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

                       ADMINISTRATIVE PROVISIONS

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

                         National Park Service

                 OPERATION OF THE NATIONAL PARK SYSTEM

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

                       UNITED STATES PARK POLICE

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

                  NATIONAL RECREATION AND PRESERVATION

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

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

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

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

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

                     URBAN PARK AND RECREATION FUND

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

                       HISTORIC PRESERVATION FUND

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

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


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

                              CONSTRUCTION

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

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

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

                 LAND ACQUISITION AND STATE ASSISTANCE

                     (INCLUDING TRANSFERS OF FUNDS)

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

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

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

                       ADMINISTRATIVE PROVISIONS

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

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

                       ADMINISTRATIVE PROVISIONS

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

                      Minerals Management Service

                ROYALTY AND OFFSHORE MINERALS MANAGEMENT

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

                           OIL SPILL RESEARCH

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

          Office of Surface Mining Reclamation and Enforcement

                       REGULATION AND TECHNOLOGY

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

                    ABANDONED MINE RECLAMATION FUND

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

                        Bureau of Indian Affairs

                      OPERATION OF INDIAN PROGRAMS

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

                              CONSTRUCTION

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

 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO 
                                INDIANS

                     (INCLUDING TRANSFER OF FUNDS)

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

                 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

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

                          DEPARTMENTAL OFFICES

                            Insular Affairs

                       ASSISTANCE TO TERRITORIES

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

                      Compact of Free Association

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

                        Departmental Management

                         SALARIES AND EXPENSES

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

                          WORKING CAPITAL FUND

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

                       PAYMENTS IN LIEU OF TAXES

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

                        Office of the Solicitor

                         SALARIES AND EXPENSES

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

                      Office of Inspector General

                         SALARIES AND EXPENSES

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

             Office of Special Trustee for American Indians

                         FEDERAL TRUST PROGRAMS

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

                       INDIAN LAND CONSOLIDATION

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

           Natural Resource Damage Assessment and Restoration

                NATURAL RESOURCE DAMAGE ASSESSMENT FUND

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

                       ADMINISTRATIVE PROVISIONS

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

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

                       TITLE II--RELATED AGENCIES

                       Department of Agriculture

                             Forest Service

                     FOREST AND RANGELAND RESEARCH

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

                       STATE AND PRIVATE FORESTRY

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

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

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

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

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

                         NATIONAL FOREST SYSTEM

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

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

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

                        WILDLAND FIRE MANAGEMENT

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

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

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

                  CAPITAL IMPROVEMENT AND MAINTENANCE

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

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

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

                            LAND ACQUISITION

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

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

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

         ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

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

            ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

                         RANGE BETTERMENT FUND

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

    GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH

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

        MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

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

               ADMINISTRATIVE PROVISIONS, FOREST SERVICE

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

                          Department of Energy

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

                         CLEAN COAL TECHNOLOGY

                       (DEFERRAL AND RESCISSION)

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

                 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

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

                 NAVAL PETROLEUM AND OIL SHALE RESERVES

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

                      ELK HILLS SCHOOL LANDS FUND

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

                          ENERGY CONSERVATION

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

                          ECONOMIC REGULATION

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

                      STRATEGIC PETROLEUM RESERVE

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

                   NORTHEAST HOME HEATING OIL RESERVE

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

                   ENERGY INFORMATION ADMINISTRATION

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

                Department of Health and Human Services

                         Indian Health Service

                         INDIAN HEALTH SERVICES

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

                        INDIAN HEALTH FACILITIES

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

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

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

            ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

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

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation

                         SALARIES AND EXPENSES

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        PAYMENT TO THE INSTITUTE

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

                        Smithsonian Institution

                         SALARIES AND EXPENSES

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

                           FACILITIES CAPITAL

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

           ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

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

                        National Gallery of Art

                         SALARIES AND EXPENSES

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

            REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

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

             John F. Kennedy Center for the Performing Arts

                       OPERATIONS AND MAINTENANCE

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

                              CONSTRUCTION

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

            Woodrow Wilson International Center for Scholars

                         SALARIES AND EXPENSES

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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       GRANTS AND ADMINISTRATION

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

                 National Endowment for the Humanities

                       GRANTS AND ADMINISTRATION

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

                            MATCHING GRANTS

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

                        Commission of Fine Arts

                         SALARIES AND EXPENSES

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

               National Capital Arts and Cultural Affairs

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

               Advisory Council on Historic Preservation

                         SALARIES AND EXPENSES

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

                  National Capital Planning Commission

                         SALARIES AND EXPENSES

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

                United States Holocaust Memorial Museum

                       HOLOCAUST MEMORIAL MUSEUM

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

                             Presidio Trust

                          PRESIDIO TRUST FUND

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

                     TITLE III--GENERAL PROVISIONS

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

   TITLE IV--FLATHEAD AND KOOTENAI NATIONAL FOREST REHABILITATION ACT

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


                   Conference Total--With Comparisons

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

                        [In thousands of dollars]

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

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

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

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

                                
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