    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 1241

    Public Law 108-108
    108th Congress

    An Act

    Making appropriations for the Department of the Interior and related
    agencies for the fiscal year ending September 30, 2004, and for other
    purposes. [NOTE: Nov. 10, 2003 -  [H.R. 2691]]

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, [NOTE: Department of
    the Interior and Related Agencies Appropriations Act, 2004.] 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

    [[Page 1242]]
    117 STAT. 1242

    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

    [[Page 1243]]
    117 STAT. 1243

    fire management activities: Provided further, That the Secretary of the
    Interior may use wildland fire appropriations to enter into non-
    competitive sole source leases of real property with local governments,
    at or below fair market value, to construct capitalized improvements for
    fire facilities on such leased properties, including but not limited to
    fire guard stations, retardant stations, and other initial attack and
    fire support facilities, and to make advance payments for any such lease
    or for construction activity associated with the lease: 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

    [[Page 1244]]
    117 STAT. 1244

    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, [NOTE: 43 USC 1735 note.] 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

    [[Page 1245]]
    117 STAT. 1245

    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

    [[Page 1246]]
    117 STAT. 1246

    $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

    [[Page 1247]]
    117 STAT. 1247

    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.

    [[Page 1248]]
    117 STAT. 1248

    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

    [[Page 1249]]
    117 STAT. 1249

    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

    [[Page 1250]]
    117 STAT. 1250

    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

    [[Page 1251]]
    117 STAT. 1251

    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, [NOTE: Deadlines.] 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 [NOTE: 16 USC 460l-10a note.] is rescinded.

    [[Page 1252]]
    117 STAT. 1252

    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 United States 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 United States
    Army Corps of Engineers for this purpose: Provided further, That,
    subsequent to the transfer of the $5,000,000 to the United States Fish
    and Wildlife Service and the transfer of funds, if any, to the United
    States 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.

    [[Page 1253]]
    117 STAT. 1253

    administrative provisions

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

    United States Geological Survey

    surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to
    perform surveys, investigations, and research covering topography,
    geology, hydrology, biology, and the mineral and water resources of the
    United States, its territories and possessions, and other areas as
    authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
    mineral and water resources; give engineering supervision to power
    permittees and Federal Energy Regulatory Commission licensees;
    administer the minerals exploration program (30 U.S.C. 641); and publish
    and disseminate data relative to the foregoing activities; and to
    conduct inquiries into the economic conditions affecting mining and
    materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
    98g(1)) and related purposes as authorized by law and to publish and
    disseminate data;

    [[Page 1254]]
    117 STAT. 1254

    $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, [NOTE: 43 USC 50.] 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, [NOTE: 43 USC 36d.] That notwithstanding the provisions of
    the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301-
    6308), the United States 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

    [[Page 1255]]
    117 STAT. 1255

    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

    [[Page 1256]]
    117 STAT. 1256

    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, [NOTE: 30 USC 1211 note.] 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.),

    [[Page 1257]]
    117 STAT. 1257

    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, [NOTE: Expiration date.] 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
    for construction of the Navajo Indian Irrigation Project pursuant to
    Public Law 87-483, $351,154,000, to remain available until expended:
    Provided, That such amounts as may be available for the construction of
    the Navajo Indian Irrigation Project may be transferred to the Bureau of
    Reclamation: Provided further, That not to exceed 6 percent of contract
    authority available to the Bureau of Indian Affairs from the Federal
    Highway Trust Fund may be used to cover the road program management
    costs of the Bureau: Provided further, That any funds provided for the
    Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available
    on a nonreimbursable basis: Provided further, That for

    [[Page 1258]]
    117 STAT. 1258

    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. 2507(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.

    [[Page 1259]]
    117 STAT. 1259

    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), the funds of the charter
    school are kept separate and apart from Bureau funds, and the Bureau
    does not assume any obligation for charter school programs of the State
    in which the school is located if the charter school loses such funding.
    Employees of Bureau-funded schools sharing a campus with a charter
    school and performing functions related to the charter school's
    operation and employees of a charter school shall not be treated as
    Federal

    [[Page 1260]]
    117 STAT. 1260

    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 [NOTE: 48 USC
    1469b.] 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

    [[Page 1261]]
    117 STAT. 1261

    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 [NOTE: 48 USC 1901 note.] 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

    [[Page 1262]]
    117 STAT. 1262

    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 [NOTE: Deadline. Reports.] 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

    [[Page 1263]]
    117 STAT. 1263

    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, [NOTE: 25 USC 4011 note.] 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.

    [[Page 1264]]
    117 STAT. 1264

    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 available until
    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,

    [[Page 1265]]
    117 STAT. 1265

    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,

    [[Page 1266]]
    117 STAT. 1266

    and for services rendered may be credited to the appropriation current
    at the time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the Interior in
    this title shall be available for services as authorized by 5 U.S.C.
    3109, when authorized by the Secretary, in total amount not to exceed
    $500,000; hire, maintenance, and operation of aircraft; hire of
    passenger motor vehicles; purchase of reprints; payment for telephone
    service in private residences in the field, when authorized under
    regulations approved by the Secretary; and the payment of dues, when
    authorized by the Secretary, for library membership in societies or
    associations which issue publications to members only or at a price to
    members lower than to subscribers who are not members.
    Sec. 105. Appropriations available to the Department of the Interior
    for salaries and expenses shall be available for uniforms or allowances
    therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
    Sec. 106. Annual appropriations made in this title shall be
    available for obligation in connection with contracts issued for
    services or rentals for periods not in excess of 12 months beginning at
    any time during the fiscal year.
    Sec. 107. No funds provided in this title may be expended by the
    Department of the Interior for the conduct of offshore preleasing,
    leasing and related activities placed under restriction in the
    President's moratorium statement of June 12, 1998, in the areas of
    northern, central, and southern California; the North Atlantic;
    Washington and Oregon; and the eastern Gulf of Mexico south of 26
    degrees north latitude and east of 86 degrees west longitude.
    Sec. 108. No funds provided in this title may be expended by the
    Department of the Interior to conduct offshore oil and natural gas
    preleasing, leasing and related activities in the eastern Gulf of Mexico
    planning area for any lands located outside Sale 181, as identified in
    the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program,
    1997-2002.
    Sec. 109. No funds provided in this title may be expended by the
    Department of the Interior to conduct oil and natural gas preleasing,
    leasing and related activities in the Mid-Atlantic and South Atlantic
    planning areas.
    Sec. 110. Notwithstanding any other provisions of law, the National
    Park Service shall not develop or implement a reduced entrance fee
    program to accommodate non-local travel through a unit. The Secretary
    may provide for and regulate local non-recreational passage through
    units of the National Park System, allowing each unit to develop
    guidelines and permits for such activity appropriate to that unit.
    Sec. 111. Advance payments made under this title to Indian tribes,
    tribal organizations, and tribal consortia pursuant to the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or
    the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
    be invested by the Indian tribe, tribal organization, or consortium
    before such funds are expended for the purposes of the grant, compact,
    or annual funding agreement so long as such funds are--
    (1) invested by the Indian tribe, tribal organization, or
    consortium only in obligations of the United States, or in
    obligations or securities that are guaranteed or insured by the
    United

    [[Page 1267]]
    117 STAT. 1267

    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-

    [[Page 1268]]
    117 STAT. 1268

    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. [NOTE: 16 USC 460bb note.] 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.

    [[Page 1269]]
    117 STAT. 1269

    Sec. 126. [NOTE: 16 USC 459j-4 note.] 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.

    [[Page 1270]]
    117 STAT. 1270

    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. [NOTE: Congaree National Park, designation. 16 USC 410jjj
    note.] 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) [NOTE: 25 USC 2501 note.] 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. [NOTE: Deadline.] The Secretary shall have no more than
    180 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

    [[Page 1271]]
    117 STAT. 1271

    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 [NOTE: Effective dates.] United States Court of Federal Claims;
    each plan shall become effective upon the expiration of a 60-day period
    beginning on the day each plan is submitted to the Congress.

    Sec. 138. (a) Short Title.--This [NOTE: Eastern Band of Cherokee
    Indians Land Exchange Act of 2003. 16 USC 460a-5 note.] 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.

    [[Page 1272]]
    117 STAT. 1272

    (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 the National
    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.

    [[Page 1273]]
    117 STAT. 1273

    (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 [NOTE: Deadline.] 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

    [[Page 1274]]
    117 STAT. 1274

    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 [NOTE: Blue Ridge National
    Heritage Area Act of 2003. 16 USC 461 note.] 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;

    [[Page 1275]]
    117 STAT. 1275

    (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.

    [[Page 1276]]
    117 STAT. 1276

    (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 [NOTE: Deadline.] later than 3 years
    after the date of enactment of this section, the management
    entity shall

    [[Page 1277]]
    117 STAT. 1277

    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 [NOTE: Deadline.] 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

    [[Page 1278]]
    117 STAT. 1278

    (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;

    [[Page 1279]]
    117 STAT. 1279

    (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.--

    [[Page 1280]]
    117 STAT. 1280

    (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
    1-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. [NOTE: 16 USC 1a-1 note.] 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

    [[Page 1281]]
    117 STAT. 1281

    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) [NOTE: 16 USC 431 note.] 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. [NOTE: Regulations. 16 USC 460m-20 note.] The National
    Park Service shall issue a special regulation concerning continued
    hunting at New River Gorge National

    [[Page 1282]]
    117 STAT. 1282

    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, [NOTE: Notification.] 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, [NOTE: Grants.] 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

    [[Page 1283]]
    117 STAT. 1283

    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-

    [[Page 1284]]
    117 STAT. 1284

    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

    [[Page 1285]]
    117 STAT. 1285

    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 the Working 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

    [[Page 1286]]
    117 STAT. 1286

    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.

    [[Page 1287]]
    117 STAT. 1287

    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

    [[Page 1288]]
    117 STAT. 1288

    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, [NOTE: 16
    USC 583j-9 note.] 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.

    [[Page 1289]]
    117 STAT. 1289

    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 [NOTE: Deadline. Reports.] 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 [NOTE: Effective date. Termination
    date.] and concluding on December 31, 2004, an eligible individual who
    is employed in any project funded

    [[Page 1290]]
    117 STAT. 1290

    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

    [[Page 1291]]
    117 STAT. 1291

    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.

    [[Page 1292]]
    117 STAT. 1292

    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, [NOTE: Contracts. Reports.] 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.

    [[Page 1293]]
    117 STAT. 1293

    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, [NOTE: Reports. Records.] 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, [NOTE: Contracts. Grants.] 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

    [[Page 1294]]
    117 STAT. 1294

    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, [NOTE: Alaska.] 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

    [[Page 1295]]
    117 STAT. 1295

    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.

    [[Page 1296]]
    117 STAT. 1296

    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

    [[Page 1297]]
    117 STAT. 1297

    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

    [[Page 1298]]
    117 STAT. 1298

    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.

    [[Page 1299]]
    117 STAT. 1299

    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.

    [[Page 1300]]
    117 STAT. 1300

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

    National Endowment for the Humanities

    grants and administration

    For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $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

    [[Page 1301]]
    117 STAT. 1301

    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, [NOTE: 40 USC 8711
    note.] 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

    [[Page 1302]]
    117 STAT. 1302

    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. [NOTE: Contracts. Public information.] The expenditure
    of any appropriation under this Act for any consulting service through
    procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to
    those contracts where such expenditures are a matter of public record
    and available for public inspection, except where otherwise provided
    under existing law, or under existing Executive order issued pursuant to
    existing law.

    Sec. 302. No part of any appropriation contained in this Act shall
    be available for any activity or the publication or distribution of
    literature that in any way tends to promote public support or opposition
    to any legislative proposal on which congressional action is not
    complete.
    Sec. 303. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
    Sec. 304. None of the funds provided in this Act to any department
    or agency shall be obligated or expended to provide a personal cook,
    chauffeur, or other personal servants to any officer or employee of such
    department or agency except as otherwise provided by law.
    Sec. 305. No assessments may be levied against any program, budget
    activity, subactivity, or project funded by this Act unless notice of
    such assessments and the basis therefor are presented to the Committees
    on Appropriations and are approved by such committees.
    Sec. 306. None of the funds in this Act may be used to plan,
    prepare, or offer for sale timber from trees classified as giant sequoia
    (Sequoiadendron giganteum) which are located on National Forest System
    or Bureau of Land Management lands in a manner different than such sales
    were conducted in fiscal year 2003.
    Sec. 307. (a) Limitation of Funds.--None of the funds appropriated
    or otherwise made available pursuant to this Act shall be obligated or
    expended to accept or process applications for a patent for any mining
    or mill site claim located under the general mining laws.
    (b) Exceptions.--The provisions of subsection (a) shall not apply if
    the Secretary of the Interior determines that, for the claim concerned:
    (1) a patent application was filed with the Secretary on or before
    September 30, 1994; and (2) all requirements established under sections
    2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
    lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
    Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
    of the Revised Statutes

    [[Page 1303]]
    117 STAT. 1303

    (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, [NOTE: Deadline.] 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. [NOTE: Grants.] 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) [NOTE: Procedures.] 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.

    [[Page 1304]]
    117 STAT. 1304

    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) [NOTE: Grants.] 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) [NOTE: Reports.] 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.

    [[Page 1305]]
    117 STAT. 1305

    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

    [[Page 1306]]
    117 STAT. 1306

    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. [NOTE: 16 USC 460l-6a note.] 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; and
    (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. [NOTE: 16 USC 1604 note.] 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.

    [[Page 1307]]
    117 STAT. 1307

    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 behalf of Federal land
    management agencies shall, in fiscal year 2005, qualify for General
    Service Administration contract airfares.
    Sec. 324. [NOTE: Contracts. Wildfires.] 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

    [[Page 1308]]
    117 STAT. 1308

    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, [NOTE: Deadline. Reports. 43 USC 1752 note.] 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.

    [[Page 1309]]
    117 STAT. 1309

    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, [NOTE: Guidelines.] 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

    [[Page 1310]]
    117 STAT. 1310

    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. 484a) to remain
    available, until expended, for the acquisition of lands for
    National Forest purposes in the State of Montana.
    (4) Funds deposited in the Special Account or eligible for
    deposit shall not be subject to transfer or reprogramming for
    wildland fire management or any other emergency purposes.

    (c) Land Conveyances Within the Gallatin National Forest.--
    (1) Conveyance authority.--The Secretary is authorized,
    under such terms and conditions as the Secretary may prescribe
    and without requirements for further administrative or
    environmental analyses or examination, to sell or exchange any
    or all rights, title, and interests of the United States in the
    following lands within the Gallatin National Forest in the State
    of Montana:
    (A) SMC East Boulder Mine Portal Tract: Principal
    Meridian, T.3S., R.11E., Section 4, lots 3 to 4
    inclusive, W\1/2\SE\1/4\NW\1/4\, containing 76.27 acres
    more or less.

    [[Page 1311]]
    117 STAT. 1311

    (B) Forest Service West Yellowstone Administrative
    Site: United States 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

    [[Page 1312]]
    117 STAT. 1312

    (16 U.S.C. 500, as amended), or the Act of March 4, 1913
    (16 U.S.C. 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 [NOTE: Procedures.] 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'';

    [[Page 1313]]
    117 STAT. 1313

    (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 [NOTE: Termination
    date.] 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

    [[Page 1314]]
    117 STAT. 1314

    ``(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. [NOTE: Deadlines. Alaska. Timber.] 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 CFR 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; and
    (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.

    [[Page 1315]]
    117 STAT. 1315

    Sec. 340. (a) Justification [NOTE: 31 USC 501 note.] 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) [NOTE: Applicability.] 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) [NOTE: Deadline. 31 USC 501 note.] 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.

    [[Page 1316]]
    117 STAT. 1316

    (c) Declaration [NOTE: Deadline.] 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

    [[Page 1317]]
    117 STAT. 1317

    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 [NOTE: 31 USC 501 note.] 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

    [[Page 1318]]
    117 STAT. 1318

    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 [NOTE: Flathead and Kootenai National Forest
    Rehabilitation Act of 2003. Wildfires. Montana.] 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).

    [[Page 1319]]
    117 STAT. 1319

    (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 [NOTE: Applicability.] 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

    [[Page 1320]]
    117 STAT. 1320

    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 [NOTE: Establishment.] 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 [NOTE: Publication. Public
    information.] 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.

    [[Page 1321]]
    117 STAT. 1321

    This Act may be cited as the ``Department of the Interior and
    Related Agencies Appropriations Act, 2004''.

    Approved November 10, 2003.

    LEGISLATIVE HISTORY--H.R. 2691 (S. 1391):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: Nos. 108-195 (Comm. on Appropriations) and 108-330 (Comm.
    of Conference).
    SENATE REPORTS: No. 108-89 accompanying S. 1391 (Comm. on
    Appropriations).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    July 16, 17, considered and passed House.
    Sept. 17, 18, 22, 23, considered and passed Senate, amended.
    Oct. 30, House agreed to conference report.
    Nov. 3, Senate agreed to conference report.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
    Nov. 10, Presidential statement.