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107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–234

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR AND

RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30,

2002, AND FOR OTHER PURPOSES

OCTOBER 11, 2001.—Ordered to be printed

Mr. SKEEN, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 2217]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R. 2217)

‘‘making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 2002, and

for other purposes’’, having met, after full and free conference, have

agreed to recommend and do recommend to their respective Houses

as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as

follows:

In lieu of the matter stricken and inserted by said amendment,

insert:

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the Department of the Interior and related agencies for the fiscal year ending September 30,

2002, and for other purposes, namely:

TITLE I—DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of

easements and other interests in lands, and performance of other

functions, including maintenance of facilities, as authorized by law,

in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of

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public lands pursuant to Public Law 96–487 (16 U.S.C. 3150(a)),

$775,632,000, to remain available until expended, of which

$1,000,000 is for high priority projects which shall be carried out

by the Youth Conservation Corps, defined in section 250(c)(4)(E) of

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, for the purposes of such Act; of which $4,000,000 shall be

available for assessment of the mineral potential of public lands in

Alaska pursuant to section 1010 of Public Law 96–487 (16 U.S.C.

3150); and of which not to exceed $1,000,000 shall be derived from

the special receipt account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–6a(i)); and of which $3,000,000 shall be available in fiscal year 2002 subject to

a match by at least an equal amount by the National Fish and

Wildlife Foundation, to such Foundation for cost-shared projects

supporting conservation of Bureau lands and such funds shall be

advanced to the Foundation as a lump sum grant without regard

to when expenses are incurred; in addition, $32,298,000 for Mining

Law Administration program operations, including the cost of administering the mining claim fee program; to remain available until

expended, to be reduced by amounts collected by the Bureau and

credited to this appropriation from annual mining claim fees so as

to result in a final appropriation estimated at not more than

$775,632,000, and $2,000,000, to remain available until expended,

from communication site rental fees established by the Bureau for

the cost of administering communication site activities: Provided,

That appropriations herein made shall not be available for the destruction of healthy, unadopted, wild horses and burros in the care

of the Bureau or its contractors: Provided further, That of the

amount provided, $28,000,000 is for the conservation activities defined in section 250(c)(4)(E) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, for the purposes of such

Act: Provided further, That fiscal year 2001 balances in the Federal

Infrastructure Improvement account for the Bureau of Land Management shall be transferred to and merged with this appropriation,

and shall remain available until expended.

WILDLAND FIRE MANAGEMENT

For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department

of the Interior, $624,421,000, to remain available until expended, of

which not to exceed $19,774,000 shall be for the renovation or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from

which funds were previously transferred for such purposes: Provided further, That unobligated balances of amounts previously appropriated to the ‘‘Fire Protection’’ and ‘‘Emergency Department of

the Interior Firefighting Fund’’ may be transferred and merged with

this appropriation: Provided further, That persons hired pursuant

to 43 U.S.C. 1469 may be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of the Department of the Interior for fire protection

rendered pursuant to 42 U.S.C. 1856 et seq., protection of United

States property, may be credited to the appropriation from which

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funds were expended to provide that protection, and are available

without fiscal year limitation: Provided further, That using the

amounts designated under this title of this Act, the Secretary of the

Interior may enter into procurement contracts, grants, or cooperative

agreements, for hazardous fuels reduction activities, and for training and monitoring associated with such hazardous fuels reduction

activities, on Federal land, or on adjacent non-Federal land for activities that benefit resources on Federal land: Provided further,

That the costs of implementing any cooperative agreement between

the Federal government and any non-Federal entity may be shared,

as mutually agreed on by the affected parties: Provided further,

That in entering into such grants or cooperative agreements, the

Secretary may consider the enhancement of local and small business

employment opportunities for rural communities, and that in entering into procurement contracts under this section on a best value

basis, the Secretary may take into account the ability of an entity

to enhance local and small business employment opportunities in

rural communities, and that the Secretary may award procurement

contracts, grants, or cooperative agreements under this section to entities that include local non-profit entities, Youth Conservation

Corps or related partnerships, or small or disadvantaged businesses: Provided further, That funds appropriated under this head

may be used to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of

1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required

by section 7 of such Act in connection with wildland fire management activities.

For an additional amount to cover necessary expenses for

burned areas rehabilitation and fire suppression by the Department

of the Interior, $54,000,000, to remain available until expended, of

which $34,000,000 is for wildfire suppression and $20,000,000 is for

burned areas rehabilitation: Provided, That the Congress designates

the entire amount as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That $54,000,000 shall

be available only to the extent an official budget request, that includes designation of the $54,000,000 as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the Congress.

CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and

any of its component offices and bureaus for the remedial action, including associated activities, of hazardous waste substances, pollutants, or contaminants pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42

U.S.C. 9601 et seq.), $9,978,000, to remain available until expended:

Provided, That notwithstanding 31 U.S.C. 3302, sums recovered

from or paid by a party in advance of or as reimbursement for remedial action or response activities conducted by the Department

pursuant to section 107 or 113(f) of such Act, shall be credited to

this account to be available until expended without further appropriation: Provided further, That such sums recovered from or paid

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by any party are not limited to monetary payments and may include

stocks, bonds or other personal or real property, which may be retained, liquidated, or otherwise disposed of by the Secretary and

which shall be credited to this account.

CONSTRUCTION

For construction of buildings, recreation facilities, roads, trails,

and appurtenant facilities, $13,076,000, to remain available until

expended.

PAYMENTS IN LIEU OF TAXES

For expenses necessary to implement the Act of October 20,

1976, as amended (31 U.S.C. 6901–6907), $210,000,000, of which

not to exceed $400,000 shall be available for administrative expenses and of which $50,000,000 is for the conservation activities

defined in section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, for the purposes of

such Act: Provided, That no payment shall be made to otherwise eligible units of local government if the computed amount of the payment is less than $100.

LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and

318(d) of Public Law 94–579, including administrative expenses

and acquisition of lands or waters, or interests therein, $49,920,000,

to be derived from the Land and Water Conservation Fund, to remain available until expended, and to be for the conservation activities defined in section 250(c)(4)(E) of the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended, for the purposes of such Act.

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the

revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein including existing connecting roads on or adjacent to

such grant lands; $105,165,000, to remain available until expended:

Provided, That 25 percent of the aggregate of all receipts during the

current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and

California land-grant fund and shall be transferred to the General

Fund in the Treasury in accordance with the second paragraph of

subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876).

FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND

(REVOLVING FUND, SPECIAL ACCOUNT)

In addition to the purposes authorized in Public Law 102–381,

funds made available in the Forest Ecosystem Health and Recovery

Fund can be used for the purpose of planning, preparing, and monitoring salvage timber sales and forest ecosystem health and recovery

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activities such as release from competing vegetation and density

control treatments. The Federal share of receipts (defined as the portion of salvage timber receipts not paid to the counties under 43

U.S.C. 1181f and 43 U.S.C. 1181–1 et seq., and Public Law 103–

66) derived from treatments funded by this account shall be deposited into the Forest Ecosystem Health and Recovery Fund.

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to

section 401 of the Federal Land Policy and Management Act of 1976

(43 U.S.C. 1701), notwithstanding any other Act, sums equal to 50

percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and

the amount designated for range improvements from grazing fees

and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not

less than $10,000,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses.

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and

disposal of public lands and resources, for costs of providing copies

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts

as may be collected under Public Law 94–579, as amended, and

Public Law 93–153, to remain available until expended: Provided,

That notwithstanding any provision to the contrary of section 305(a)

of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have

been or will be received pursuant to that section, whether as a result

of forfeiture, compromise, or settlement, if not appropriate for refund

pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be

available and may be expended under the authority of this Act by

the Secretary to improve, protect, or rehabilitate any public lands

administered through the Bureau of Land Management which have

been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all

moneys collected from each such action are used on the exact lands

damaged which led to the action: Provided further, That any such

moneys that are in excess of amounts needed to repair damage to

the exact land for which funds were collected may be used to repair

other damaged public lands.

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C.

1701), and such amounts as may be advanced for administrative

costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act, to remain available until

expended.

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ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be

available for purchase, erection, and dismantlement of temporary

structures, and alteration and maintenance of necessary buildings

and appurtenant facilities to which the United States has title; up

to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by

the Bureau; miscellaneous and emergency expenses of enforcement

activities authorized or approved by the Secretary and to be accounted for solely on her certificate, not to exceed $10,000: Provided,

That notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by

law, procure printing services from cooperators in connection with

jointly produced publications for which the cooperators share the

cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards: Provided further, That section 28f(a) of title 30, United States

Code, is amended:

(1) In section 28f(a), by striking the first sentence and inserting, ‘‘The holder of each unpatented mining claim, mill, or

tunnel site, located pursuant to the mining laws of the United

States, whether located before, on or after the enactment of this

Act, shall pay to the Secretary of the Interior, on or before September 1 of each year for years 2002 through 2003, a claim

maintenance fee of $100 per claim or site’’; and

(2) In section 28g, by striking ‘‘and before September 30,

2001’’ and inserting in lieu thereof ‘‘and before September 30,

2003’’.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife

Service, for scientific and economic studies, conservation, management, investigations, protection, and utilization of fishery and wildlife resources, except whales, seals, and sea lions, maintenance of

the herd of long-horned cattle on the Wichita Mountains Wildlife

Refuge, general administration, and for the performance of other

authorized functions related to such resources by direct expenditure,

contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, $850,597,000, to remain

available until September 30, 2003, except as otherwise provided

herein, of which $29,000,000 is for conservation activities defined in

section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, for the purposes of such Act: Provided, That fiscal year 2001 balances in the Federal Infrastructure

Improvement account for the United States Fish and Wildlife Service shall be transferred to and merged with this appropriation, and

shall remain available until expended: Provided further, That not

less than $2,000,000 shall be provided to local governments in

southern California for planning associated with the Natural Communities Conservation Planning (NCCP) program and shall remain

available until expended: Provided further, That $2,000,000 is for

high priority projects which shall be carried out by the Youth ConVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00006 Fmt 6659 Sfmt 6603 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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servation Corps, defined in section 250(c)(4)(E) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, for

the purposes of such Act: Provided further, That not to exceed

$9,000,000 shall be used for implementing subsections (a), (b), (c),

and (e) of section 4 of the Endangered Species Act, as amended, for

species that are indigenous to the United States (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in

subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $6,000,000 shall be used for any activity regarding the designation of critical habitat, pursuant to subsection (a)(3), excluding

litigation support, for species already listed pursuant to subsection

(a)(1) as of the date of enactment this Act: Provided further, That

of the amount available for law enforcement, up to $400,000 to remain available until expended, may at the discretion of the Secretary, be used for payment for information, rewards, or evidence

concerning violations of laws administered by the Service, and miscellaneous and emergency expenses of enforcement activity, authorized or approved by the Secretary and to be accounted for solely on

her certificate: Provided further, That of the amount provided for

environmental contaminants, up to $1,000,000 may remain available until expended for contaminant sample analyses.

CONSTRUCTION

For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management,

investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein;

$55,543,000, to remain available until expended.

LAND ACQUISITION

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through

11), including administrative expenses, and for acquisition of land

or waters, or interest therein, in accordance with statutory authority

applicable to the United States Fish and Wildlife Service,

$99,135,000, to be derived from the Land and Water Conservation

Fund, to remain available until expended, and to be for the conservation activities defined in section 250(c)(4)(E) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, for

the purposes of such Act: Provided, That none of the funds appropriated for specific land acquisition projects can be used to pay for

any administrative overhead, planning or other management costs

except that, in fiscal year 2002 only, not to exceed $2,500,000 may

be used consistent with the Service’s cost allocation methodology:

Provided further, That the United States Fish and Wildlife Service

is authorized to purchase the common stock of Yauhannah Properties, Inc. for the purposes of inclusion of real property owned by

that corporation into the Waccamaw National Wildlife Refuge.

LANDOWNER INCENTIVE PROGRAM

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through

11), including administrative expenses, and for private conservation

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efforts to be carried out on private lands, $40,000,000, to be derived

from the Land and Water Conservation Fund, to remain available

until expended, and to be for conservation spending category activities pursuant to section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, for the purposes of

discretionary spending limits: Provided, That the amount provided

herein is for a Landowner Incentive Program established by the Secretary that provides matching, competitively awarded grants to

States, the District of Columbia, Tribes, Puerto Rico, Guam, the

United States Virgin Islands, the Northern Mariana Islands, and

American Samoa, to establish, or supplement existing, landowner

incentive programs that provide technical and financial assistance,

including habitat protection and restoration, to private landowners

for the protection and management of habitat to benefit federally

listed, proposed, or candidate species, or other at-risk species on private lands.

STEWARDSHIP GRANTS

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through

11), including administrative expenses, and for private conservation

efforts to be carried out on private lands, $10,000,000, to be derived

from the Land and Water Conservation Fund, to remain available

until expended, and to be for conservation spending category activities pursuant to section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, for the purposes of

discretionary spending limits: Provided, That the amount provided

herein is for the Secretary to establish a Private Stewardship

Grants Program to provide grants and other assistance to individuals and groups engaged in private conservation efforts that benefit

federally listed, proposed, or candidate species, or other at-risk species.

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out section 6 of the Endangered

Species Act of 1973 (16 U.S.C. 1531–1543), as amended,

$96,235,000, to be derived from the Cooperative Endangered Species

Conservation Fund, to remain available until expended, and to be

for the conservation activities defined in section 250(c)(4)(E) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, for the purposes of such Act.

NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17, 1978

(16 U.S.C. 715s), $14,414,000.

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North

American Wetlands Conservation Act, Public Law 101–233, as

amended, $43,500,000, to remain available until expended and to be

for the conservation activities defined in section 250(c)(4)(E) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, for the purposes of such Act: Provided, That, notwithstanding any other provision of law, amounts in excess of funds proVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00008 Fmt 6659 Sfmt 6603 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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vided in fiscal year 2001 shall be used only for projects in the

United States.

NEOTROPICAL MIGRATORY BIRD CONSERVATION

For financial assistance for projects to promote the conservation

of neotropical migratory birds in accordance with the Neotropical

Migratory Bird Conservation Act, Public Law 106–247 (16 U.S.C.

6101–6109), $3,000,000, to remain available until expended.

MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201– 4203, 4211–4213, 4221–4225, 4241– 4245, and 1538), the Asian Elephant Conservation Act of 1997

(Public Law 105–96; 16 U.S.C. 4261–4266), the Rhinoceros and

Tiger Conservation Act of 1994 (16 U.S.C. 5301–5306), and the

Great Ape Conservation Act of 2000 (16 U.S.C. 6301), $4,000,000,

to remain available until expended: Provided, That funds made

available under this Act, Public Law 106–291, and Public Law 106– 554 and hereafter in annual appropriations Acts for rhinoceros,

tiger, Asian elephant, and great ape conservation programs are exempt from any sanctions imposed against any country under section

102 of the Arms Export Control Act (22 U.S.C. 2799aa–1).

STATE WILDLIFE GRANTS

(INCLUDING RESCISSION OF FUNDS)

For wildlife conservation grants to States and to the District of

Columbia, Puerto Rico, Guam, the United States Virgin Islands, the

Northern Mariana Islands, American Samoa, and federally recognized Indian tribes under the provisions of the Fish and Wildlife

Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or

fished, $85,000,000, to be derived from the Land and Water Conservation Fund, to remain available until expended, and to be for

the conservation activities defined in section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, for the purposes of such Act: Provided, That of the

amount provided herein, $5,000,000 is for a competitive grant program for Indian tribes not subject to the remaining provisions of

this appropriation: Provided further, That the Secretary shall, after

deducting said $5,000,000 and administrative expenses, apportion

the amount provided herein in the following manner: (A) to the District of Columbia and to the Commonwealth of Puerto Rico, each a

sum equal to not more than one-half of 1 percent thereof: and (B)

to Guam, American Samoa, the United States Virgin Islands, and

the Commonwealth of the Northern Mariana Islands, each a sum

equal to not more than one-fourth of 1 percent thereof: Provided further, That the Secretary shall apportion the remaining amount in

the following manner: (A) one-third of which is based on the ratio

to which the land area of such State bears to the total land area

of all such States; and (B) two-thirds of which is based on the ratio

to which the population of such State bears to the total population

of all such States: Provided further, That the amounts apportioned

under this paragraph shall be adjusted equitably so that no State

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shall be apportioned a sum which is less than 1 percent of the

amount available for apportionment under this paragraph for any

fiscal year or more than 5 percent of such amount: Provided further,

That the Federal share of planning grants shall not exceed 75 percent of the total costs of such projects and the Federal share of implementation grants shall not exceed 50 percent of the total costs of

such projects: Provided further, That the non-Federal share of such

projects may not be derived from Federal grant programs: Provided

further, That no State, territory, or other jurisdiction shall receive

a grant unless it has developed, or committed to develop by October

1, 2005, a comprehensive wildlife conservation plan, consistent with

criteria established by the Secretary of the Interior, that considers

the broad range of the State, territory, or other jurisdiction’s wildlife

and associated habitats, with appropriate priority placed on those

species with the greatest conservation need and taking into consideration the relative level of funding available for the conservation of

those species: Provided further, That any amount apportioned in

2002 to any State, territory, or other jurisdiction that remains unobligated as of September 30, 2003, shall be reapportioned, together

with funds appropriated in 2004, in the manner provided herein.

Of the amounts appropriated in title VIII of Public Law 106–

291, $25,000,000 for State Wildlife Grants are rescinded.

ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish

and Wildlife Service shall be available for purchase of not to exceed

74 passenger motor vehicles, of which 69 are for replacement only

(including 32 for police-type use); repair of damage to public roads

within and adjacent to reservation areas caused by operations of the

Service; options for the purchase of land at not to exceed $1 for each

option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and

the maintenance and improvement of aquaria, buildings, and other

facilities under the jurisdiction of the Service and to which the

United States has title, and which are used pursuant to law in connection with management and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service

may, under cooperative cost sharing and partnership arrangements

authorized by law, procure printing services from cooperators in

connection with jointly produced publications for which the cooperators share at least one-half the cost of printing either in cash or

services and the Service determines the cooperator is capable of

meeting accepted quality standards: Provided further, That the

Service may accept donated aircraft as replacements for existing aircraft: Provided further, That notwithstanding any other provision of

law, the Secretary of the Interior may not spend any of the funds

appropriated in this Act for the purchase of lands or interests in

lands to be used in the establishment of any new unit of the National Wildlife Refuge System unless the purchase is approved in

advance by the House and Senate Committees on Appropriations in

compliance with the reprogramming procedures contained in Senate

Report 105–56.

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NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and

maintenance of areas and facilities administered by the National

Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), and for the general administration of the National Park Service, $1,476,977,000, of which

$10,869,000 for research, planning and interagency coordination in

support of land acquisition for Everglades restoration shall remain

available until expended; and of which $72,640,000, to remain

available until September 30, 2003, is for maintenance repair or rehabilitation projects for constructed assets, operation of the National

Park Service automated facility management software system, and

comprehensive facility condition assessments; and of which

$2,000,000 is for the Youth Conservation Corps, defined in section

250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, for the purposes of such Act, for high priority projects: Provided, That the only funds in this account which

may be made available to support United States Park Police are

those funds approved for emergency law and order incidents pursuant to established National Park Service procedures, those funds

needed to maintain and repair United States Park Police administrative facilities, and those funds necessary to reimburse the United

States Park Police account for the unbudgeted overtime and travel

costs associated with special events for an amount not to exceed

$10,000 per event subject to the review and concurrence of the

Washington headquarters office: Provided further, That none of the

funds in this or any other Act may be used to fund a new Associate

Director position for Partnerships.

UNITED STATES PARK POLICE

For expenses necessary to carry out the programs of the United

States Park Police, $65,260,000.

CONTRIBUTION FOR ANNUITY BENEFITS

For reimbursement (not heretofore made), pursuant to provisions of Public Law 85–157, to the District of Columbia on a monthly basis for benefit payments by the District of Columbia to United

States Park Police annuitants under the provisions of the Policeman

and Fireman’s Retirement and Disability Act (Act), to the extent

those payments exceed contributions made by active Park Police

members covered under the Act, such amounts as hereafter may be

necessary: Provided, That hereafter the appropriations made to the

National Park Service shall not be available for this purpose.

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs,

environmental compliance and review, international park affairs,

statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $66,159,000, of which $500,000

are for grants pursuant to the National Underground Railroad Network to Freedom Act of 1988 (16 U.S.C. 469l, as amended).

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URBAN PARK AND RECREATION FUND

For expenses necessary to carry out the provisions of the Urban

Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.),

$30,000,000, to remain available until expended and to be for the

conservation activities defined in section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, for the purposes of such Act.

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the Historic Preservation

Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks

and Public Lands Management Act of 1996 (Public Law 104–333),

$74,500,000, to be derived from the Historic Preservation Fund, to

remain available until September 30, 2003, and to be for the conservation activities defined in section 250(c)(4)(E) of the Balanced

Budget and Emergency Deficit Control Control Act of 1985, as

amended, for the purposes of such Act: Provided, That, of the

amount provided herein, $2,500,000, to remain available until expended, is for a grant for the perpetual care and maintenance of

National Trust Historic Sites, as authorized under 16 U.S.C.

470a(e)(2), to be made available in full upon signing of a grant

agreement: Provided further, That, notwithstanding any other provision of law, these funds shall be available for investment with the

proceeds to be used for the same purpose as set out herein: Provided

further, That of the total amount provided, $30,000,000 shall be for

Save America’s Treasures for priority preservation projects, including preservation of intellectual and cultural artifacts, preservation

of historic structures and sites, and buildings to house cultural and

historic resources and to provide educational opportunities: Provided further, That any individual Save America’s Treasures grant

shall be matched by non-Federal funds: Provided further, That individual projects shall only be eligible for one grant, and all projects

to be funded shall be approved by the House and Senate Committees

on Appropriations prior to the commitment of grant funds: Provided

further, That Save America’s Treasures funds allocated for Federal

projects shall be available by transfer to appropriate accounts of individual agencies, after approval of such projects by the Secretary

of the Interior: Provided further, That none of the funds provided

for Save America’s Treasures may be used for administrative expenses, and staffing for the program shall be available from the existing staffing levels in the National Park Service.

CONSTRUCTION

For construction, improvements, repair or replacement of physical facilities, including the modifications authorized by section 104

of the Everglades National Park Protection and Expansion Act of

1989, $366,044,000, to remain available until expended, of which

$66,851,000 is for conservation activities defined in section

250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, for the purposes of such Act: Provided,

That of the amount provided for Cuyahoga National Park, $200,000

may be used for the Cuyahoga Valley Scenic Railroad platform and

station in Canton, Ohio.

13

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The contract authority provided for fiscal year 2002 by 16

U.S.C. 460l–10a is rescinded.

LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11),

including administrative expenses, and for acquisition of lands or

waters, or interest therein, in accordance with the statutory authority applicable to the National Park Service, $274,117,000, to be derived from the Land and Water Conservation Fund, to remain

available until expended, and to be for the conservation activities

defined in section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control of 1985, as amended, for the purposes of such

Act, of which $144,000,000 is for the State assistance program including $4,000,000 to administer the State assistance program, and

of which $11,000,000 shall be for grants, not covering more than 50

percent of the total cost of any acquisition to be made with such

funds, to States and local communities for purposes of acquiring

lands or interests in lands to preserve and protect Civil War battlefield sites identified in the July 1993 Report on the Nation’s Civil

War Battlefields prepared by the Civil War Sites Advisory Commission: Provided, That lands or interests in land acquired with Civil

War battlefield grants shall be subject to the requirements of paragraph 6(f)(3) of the Land and Water Conservation Fund Act of 1965

(16 U.S.C. 460l–8(f)(3)): Provided further, That of the amounts provided under this heading, $15,000,000 may be for Federal grants to

the State of Florida for the acquisition of lands or waters, or interests therein, within the Everglades watershed (consisting of lands

and waters within the boundaries of the South Florida Water Management District, Florida Bay and the Florida Keys, including the

areas known as the Frog Pond, the Rocky Glades and the Eight and

One-Half Square Mile Area) under terms and conditions deemed

necessary by the Secretary to improve and restore the hydrological

function of the Everglades watershed; and $16,000,000 may be for

project modifications authorized by section 104 of the Everglades

National Park Protection and Expansion Act: Provided further,

That funds provided under this heading for assistance to the State

of Florida to acquire lands within the Everglades watershed are

contingent upon new matching non-Federal funds by the State and

shall be subject to an agreement that the lands to be acquired will

be managed in perpetuity for the restoration of the Everglades: Provided further, That none of the funds provided for the State Assistance program may be used to establish a contingency fund.

ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available

for the purchase of not to exceed 315 passenger motor vehicles, of

which 256 shall be for replacement only, including not to exceed 237

for police-type use, 11 buses, and 8 ambulances: Provided, That

none of the funds appropriated to the National Park Service may be

used to process any grant or contract documents which do not inVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00013 Fmt 6659 Sfmt 6603 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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clude the text of 18 U.S.C. 1913: Provided further, That none of the

funds appropriated to the National Park Service may be used to implement an agreement for the redevelopment of the southern end of

Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) from the receipt by the Speaker of the

House of Representatives and the President of the Senate of a full

and comprehensive report on the development of the southern end

of Ellis Island, including the facts and circumstances relied upon

in support of the proposed project.

None of the funds in this Act may be spent by the National

Park Service for activities taken in direct response to the United Nations Biodiversity Convention.

The National Park Service may distribute to operating units

based on the safety record of each unit the costs of programs designed to improve workplace and employee safety, and to encourage

employees receiving workers’ compensation benefits pursuant to

chapter 81 of title 5, United States Code, to return to appropriate

positions for which they are medically able.

Notwithstanding any other provision of law, the National Park

Service may convey a leasehold or freehold interest in Cuyahoga NP

to allow for the development of utilities and parking needed to support the historic Everett Church in the village of Everett, Ohio.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey

to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and

other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify

lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30

U.S.C. 641); and publish and disseminate data relative to the foregoing activities; and to conduct inquiries into the economic conditions affecting mining and materials processing industries (30

U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as

authorized by law and to publish and disseminate data;

$914,002,000, of which $64,318,000 shall be available only for cooperation with States or municipalities for water resources investigations; and of which $16,400,000 shall remain available until expended for conducting inquiries into the economic conditions affecting mining and materials processing industries; and of which

$8,000,000 shall remain available until expended for satellite operations; and of which $26,374,000 shall be available until September

30, 2003 for the operation and maintenance of facilities and deferred maintenance; and of which $166,389,000 shall be available

until September 30, 2003 for the biological research activity and the

operation of the Cooperative Research Units: Provided, That none of

these funds provided for the biological research activity shall be

used to conduct new surveys on private property, unless specifically

15

authorized in writing by the property owner: Provided further, That

of the amount provided herein, $25,000,000 is for the conservation

activities defined in section 250(c)(4)(E) of the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended, for the purposes of such Act: Provided further, That no part of this appropriation shall be used to pay more than one-half the cost of topographic

mapping or water resources data collection and investigations carried on in cooperation with States and municipalities.

ADMINISTRATIVE PROVISIONS

The amount appropriated for the United States Geological Survey shall be available for the purchase of not to exceed 53 passenger

motor vehicles, of which 48 are for replacement only; reimbursement

to the General Services Administration for security guard services;

contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest;

construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations and observation wells; expenses of the United States National Committee on

Geology; and payment of compensation and expenses of persons on

the rolls of the Survey duly appointed to represent the United States

in the negotiation and administration of interstate compacts: Provided, That activities funded by appropriations herein made may be

accomplished through the use of contracts, grants, or cooperative

agreements as defined in 31 U.S.C. 6302 et seq.

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental

studies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements; including the purchase of not to exceed eight passenger

motor vehicles for replacement only, $150,667,000, of which

$83,344,000, shall be available for royalty management activities;

and an amount not to exceed $102,730,000, to be credited to this appropriation and to remain available until expended, from additions

to receipts resulting from increases to rates in effect on August 5,

1993, from rate increases to fee collections for Outer Continental

Shelf administrative activities performed by the Minerals Management Service over and above the rates in effect on September 30,

1993, and from additional fees for Outer Continental Shelf administrative activities established after September 30, 1993: Provided,

That to the extent $102,730,000 in additions to receipts are not realized from the sources of receipts stated above, the amount needed to

reach $102,730,000 shall be credited to this appropriation from receipts resulting from rental rates for Outer Continental Shelf leases

in effect before August 5, 1993: Provided further, That $3,000,000

for computer acquisitions shall remain available until September

30, 2003: Provided further, That funds appropriated under this Act

shall be available for the payment of interest in accordance with 30

U.S.C. 1721(b) and (d): Provided further, That not to exceed $3,000

16

shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities: Provided further, That

notwithstanding any other provision of law, $15,000 under this

heading shall be available for refunds of overpayments in connection with certain Indian leases in which the Director of the Minerals

Management Service (MMS) concurred with the claimed refund due,

to pay amounts owed to Indian allottees or tribes, or to correct prior

unrecoverable erroneous payments: Provided further, That MMS

may under the royalty-in-kind pilot program use a portion of the

revenues from royalty-in-kind sales, without regard to fiscal year

limitation, to pay for transportation to wholesale market centers or

upstream pooling points, and to process or otherwise dispose of royalty production taken in kind: Provided further, That MMS shall

analyze and document the expected return in advance of any royalty-in-kind sales to assure to the maximum extent practicable that

royalty income under the pilot program is equal to or greater than

royalty income recognized under a comparable royalty-in-value program.

OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title IV,

sections 4202 and 4303, title VII, and title VIII, section 8201 of the

Oil Pollution Act of 1990, $6,105,000, which shall be derived from

the Oil Spill Liability Trust Fund, to remain available until expended.

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface

Mining Control and Reclamation Act of 1977, Public Law 95–87, as

amended, including the purchase of not to exceed 10 passenger

motor vehicles, for replacement only; $102,800,000: Provided, That

the Secretary of the Interior, pursuant to regulations, may use directly or through grants to States, moneys collected in fiscal year

2002 for civil penalties assessed under section 518 of the Surface

Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to

reclaim lands adversely affected by coal mining practices after August 3, 1977, to remain available until expended: Provided further,

That appropriations for the Office of Surface Mining Reclamation

and Enforcement may provide for the travel and per diem expenses

of State and tribal personnel attending Office of Surface Mining

Reclamation and Enforcement sponsored training.

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, as

amended, including the purchase of not more than 10 passenger

motor vehicles for replacement only, $203,455,000, to be derived

from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended; of which up to $10,000,000, to be derived from the Federal Expenses Share of the Fund, shall be for

supplemental grants to States for the reclamation of abandoned

sites with acid mine rock drainage from coal mines, and for associated activities, through the Appalachian Clean Streams Initiative:

17

Provided, That grants to minimum program States will be

$1,500,000 per State in fiscal year 2002: Provided further, That of

the funds herein provided up to $18,000,000 may be used for the

emergency program authorized by section 410 of Public Law 95–87,

as amended, of which no more than 25 percent shall be used for

emergency reclamation projects in any one State and funds for federally administered emergency reclamation projects under this proviso shall not exceed $11,000,000: Provided further, That prior year

unobligated funds appropriated for the emergency reclamation program shall not be subject to the 25 percent limitation per State and

may be used without fiscal year limitation for emergency projects:

Provided further, That pursuant to Public Law 97–365, the Department of the Interior is authorized to use up to 20 percent from the

recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further,

That funds made available under title IV of Public Law 95–87 may

be used for any required non-Federal share of the cost of projects

funded by the Federal Government for the purpose of environmental

restoration related to treatment or abatement of acid mine drainage

from abandoned mines: Provided further, That such projects must

be consistent with the purposes and priorities of the Surface Mining

Control and Reclamation Act: Provided further, That, in addition to

the amount granted to the Commonwealth of Pennsylvania under

sections 402(g)(1) and 402(g)(5) of the Surface Mining Control and

Reclamation Act (Act), an additional $500,000 will be specifically

used for the purpose of conducting a demonstration project in accordance with section 401(c)(6) of the Act to determine the efficacy

of improving water quality by removing metals from eligible waters

polluted by acid mine drainage: Provided further, That the State of

Maryland may set aside the greater of $1,000,000 or 10 percent of

the total of the grants made available to the State under title IV of

the Surface Mining Control and Reclamation Act of 1977, as

amended (30 U.S.C. 1231 et seq.), if the amount set aside is deposited in an acid mine drainage abatement and treatment fund established under a State law, pursuant to which law the amount (together with all interest earned on the amount) is expended by the

State to undertake acid mine drainage abatement and treatment

projects, except that before any amounts greater than 10 percent of

its title IV grants are deposited in an acid mine drainage abatement

and treatment fund, the State of Maryland must first complete all

Surface Mining Control and Reclamation Act priority one projects.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For expenses necessary for the operation of Indian programs, as

authorized by law, including the Snyder Act of November 2, 1921

(25 U.S.C. 13), the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the Education

Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended,

$1,799,809,000, to remain available until September 30, 2003 except

as otherwise provided herein, of which not to exceed $89,864,000

shall be for welfare assistance payments and notwithstanding any

other provision of law, including but not limited to the Indian SelfVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00017 Fmt 6659 Sfmt 6603 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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Determination Act of 1975, as amended, not to exceed $130,209,000

shall be available for payments to tribes and tribal organizations

for contract support costs associated with ongoing contracts, grants,

compacts, or annual funding agreements entered into with the Bureau prior to or during fiscal year 2002, as authorized by such Act,

except that tribes and tribal organizations may use their tribal priority allocations for unmet indirect costs of ongoing contracts,

grants, or compacts, or annual funding agreements and for unmet

welfare assistance costs; and up to $3,000,000 shall be for the Indian Self-Determination Fund which shall be available for the transitional cost of initial or expanded tribal contracts, grants, compacts

or cooperative agreements with the Bureau under such Act; and of

which not to exceed $436,427,000 for school operations costs of Bureau-funded schools and other education programs shall become

available on July 1, 2002, and shall remain available until September 30, 2003; and of which not to exceed $58,540,000 shall remain available until expended for housing improvement, road

maintenance, attorney fees, litigation support, the Indian Self-Determination Fund, land records improvement, and the Navajo-Hopi

Settlement Program: Provided, That notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed $43,065,000 within and only from such amounts made available for school operations shall be available to tribes and tribal organizations for administrative cost grants associated with the operation of Bureau-funded schools: Provided further, That any forestry

funds allocated to a tribe which remain unobligated as of September 30, 2003, may be transferred during fiscal year 2004 to an

Indian forest land assistance account established for the benefit of

such tribe within the tribe’s trust fund account: Provided further,

That any such unobligated balances not so transferred shall expire

on September 30, 2004.

CONSTRUCTION

For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities,

including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for

farming, and for construction of the Navajo Indian Irrigation

Project pursuant to Public Law 87–483, $357,132,000, to remain

available until expended: Provided, That such amounts as may be

available for the construction of the Navajo Indian Irrigation

Project may be transferred to the Bureau of Reclamation: Provided

further, That not to exceed 6 percent of contract authority available

to the Bureau of Indian Affairs from the Federal Highway Trust

Fund may be used to cover the road program management costs of

the Bureau: Provided further, That any funds provided for the Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable basis: Provided further, That for fiscal

year 2002, in implementing new construction or facilities improvement and repair project grants in excess of $100,000 that are provided to tribally controlled grant schools under Public Law 100–

297, as amended, the Secretary of the Interior shall use the Administrative and Audit Requirements and Cost Principles for Assistance

Programs contained in 43 CFR part 12 as the regulatory requireVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00018 Fmt 6659 Sfmt 6603 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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ments: Provided further, That such grants shall not be subject to

section 12.61 of 43 CFR; the Secretary and the grantee shall negotiate and determine a schedule of payments for the work to be performed: Provided further, That in considering applications, the Secretary shall consider whether the Indian tribe or tribal organization

would be deficient in assuring that the construction projects conform to applicable building standards and codes and Federal, tribal, or State health and safety standards as required by 25 U.S.C.

2005(a), with respect to organizational and financial management

capabilities: Provided further, That if the Secretary declines an application, the Secretary shall follow the requirements contained in

25 U.S.C. 2505(f): Provided further, That any disputes between the

Secretary and any grantee concerning a grant shall be subject to the

disputes provision in 25 U.S.C. 2508(e): Provided further, That notwithstanding any other provision of law, not to exceed $450,000 in

collections from settlements between the United States and contractors concerning the Dunseith Day School are to be made available

for school construction in fiscal year 2002 and thereafter.

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For miscellaneous payments to Indian tribes and individuals

and for necessary administrative expenses, $60,949,000, to remain

available until expended; of which $24,870,000 shall be available

for implementation of enacted Indian land and water claim settlements pursuant to Public Laws 101–618 and 102–575, and for implementation of other enacted water rights settlements; of which

$7,950,000 shall be available for future water supplies facilities

under Public Law 106–163; of which $21,875,000 shall be available

pursuant to Public Laws 99–264, 100–580, 106–263, 106–425, 106–

554, and 106–568; and of which $6,254,000 shall be available for

the consent decree entered by the U.S. District Court, Western District of Michigan in United States v. Michigan, Case No. 2:73 CV

26.

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed loans, $4,500,000, as authorized by

the Indian Financing Act of 1974, as amended: Provided, That such

costs, including the cost of modifying such loans, shall be as defined

in section 502 of the Congressional Budget Act of 1974: Provided

further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed

$75,000,000.

In addition, for administrative expenses to carry out the guaranteed loan programs, $486,000.

ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts and grants, either directly or in cooperation with

States and other organizations.

Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans, the Indian loan guarantee and insurance

fund, and the Indian Guaranteed Loan Program account) shall be

20

available for expenses of exhibits, and purchase of not to exceed 229

passenger motor vehicles, of which not to exceed 187 shall be for replacement only.

Notwithstanding any other provision of law, no funds available

to the Bureau of Indian Affairs for central office operations, pooled

overhead general administration (except facilities operations and

maintenance), or provided to implement the recommendations of the

National Academy of Public Administration’s August 1999 report

shall be available for tribal contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413).

In the event any tribe returns appropriations made available by

this Act to the Bureau of Indian Affairs for distribution to other

tribes, this action shall not diminish the Federal Government’s trust

responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe’s

ability to access future appropriations.

Notwithstanding any other provision of law, no funds available

to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available to support the operation of any elementary or secondary school

in the State of Alaska.

Appropriations made available in this or any other Act for

schools funded by the Bureau shall be available only to the schools

in the Bureau school system as of September 1, 1996. No funds

available to the Bureau shall be used to support expanded grades

for any school or dormitory beyond the grade structure in place or

approved by the Secretary of the Interior at each school in the Bureau school system as of October 1, 1995. Funds made available

under this Act may not be used to establish a charter school at a

Bureau-funded school (as that term is defined in section 1146 of the

Education Amendments of 1978 (25 U.S.C. 2026)), except that a

charter school that is in existence on the date of the enactment of

this Act and that has operated at a Bureau-funded school before

September 1, 1999, may continue to operate during that period, but

only if the charter school pays to the Bureau a pro rata share of

funds to reimburse the Bureau for the use of the real and personal

property (including buses and vans), the funds of the charter school

are kept separate and apart from Bureau funds, and the Bureau

does not assume any obligation for charter school programs of the

State in which the school is located if the charter school loses such

funding. Employees of Bureau-funded schools sharing a campus

with a charter school and performing functions related to the charter school’s operation and employees of a charter school shall not be

treated as Federal employees for purposes of chapter 171 of title 28,

United States Code (commonly known as the ‘‘Federal Tort Claims

Act’’).

21

DEPARTMENTAL OFFICES

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior, $78,950,000, of which:

(1) $74,422,000 shall be available until expended for technical assistance, including maintenance assistance, disaster assistance, insular management controls, coral reef initiative activities, and

brown tree snake control and research; grants to the judiciary in

American Samoa for compensation and expenses, as authorized by

law (48 U.S.C. 1661(c)); grants to the Government of American

Samoa, in addition to current local revenues, for construction and

support of governmental functions; grants to the Government of the

Virgin Islands as authorized by law; grants to the Government of

Guam, as authorized by law; and grants to the Government of the

Northern Mariana Islands as authorized by law (Public Law 94–

241; 90 Stat. 272); and (2) $4,528,000 shall be available for salaries

and expenses of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein

provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the General Accounting Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided further, That Northern Mariana Islands Covenant grant funding shall

be provided according to those terms of the Agreement of the Special

Representatives on Future United States Financial Assistance for

the Northern Mariana Islands approved by Public Law 104–134:

Provided further, That of the funds provided herein for American

Samoa government operations, the Secretary is directed to use up to

$20,000 to increase compensation of the American Samoa High

Court Justices: Provided further, That of the amounts provided for

technical assistance, not to exceed $2,000,000 shall be made available for transfer to the Disaster Assistance Direct Loan Financing

Account of the Federal Emergency Management Agency for the purpose of covering the cost of forgiving the repayment obligation of the

Government of the Virgin Islands on Community Disaster Loan

841, as required by section 504 of the Congressional Budget Act of

1974, as amended (2 U.S.C. 661c): Provided further, That of the

amounts provided for technical assistance, sufficient funding shall

be made available for a grant to the Close Up Foundation: Provided

further, That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure

(with territorial participation and cost sharing to be determined by

the Secretary based on the grantees commitment to timely maintenance of its capital assets): Provided further, That any appropriation for disaster assistance under this heading in this Act or previous appropriations Acts may be used as non-Federal matching

funds for the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C. 5170c).

22

COMPACT OF FREE ASSOCIATION

For economic assistance and necessary expenses for the Federated States of Micronesia and the Republic of the Marshall Islands as provided for in sections 122, 221, 223, 232, and 233 of the

Compact of Free Association, and for economic assistance and necessary expenses for the Republic of Palau as provided for in sections

122, 221, 223, 232, and 233 of the Compact of Free Association,

$23,245,000, to remain available until expended, as authorized by

Public Law 99–239 and Public Law 99–658.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for management of the Department of

the Interior, $67,741,000, of which not to exceed $8,500 may be for

official reception and representation expenses, and of which up to

$1,000,000 shall be available for workers compensation payments

and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines.

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor,

$45,000,000.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General,

$34,302,000, of which $3,812,000 shall be for procurement by contract of independent auditing services to audit the consolidated Department of the Interior annual financial statement and the annual

financial statement of the Department of the Interior bureaus and

offices funded in this Act.

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants,

$99,224,000, to remain available until expended: Provided, That

funds for trust management improvements may be transferred, as

needed, to the Bureau of Indian Affairs ‘‘Operation of Indian Programs’’ account and to the Departmental Management ‘‘Salaries

and Expenses’’ account: Provided further, That funds made available to Tribes and Tribal organizations through contracts or grants

obligated during fiscal year 2002, as authorized by the Indian SelfDetermination 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

23

affected tribe or individual Indian has been furnished with an accounting of such funds from which the beneficiary can determine

whether there has been a loss: Provided further, That notwithstanding any other provision of law, the Secretary shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for at least 18 months

and has a balance of $1.00 or less: Provided further, That the Secretary shall issue an annual account statement and maintain a

record of any such accounts and shall permit the balance in each

such account to be withdrawn upon the express written request of

the account holder.

INDIAN LAND CONSOLIDATION

For consolidation of fractional interests in Indian lands and expenses associated with redetermining and redistributing escheated

interests in allotted lands, and for necessary expenses to carry out

the Indian Land Consolidation Act of 1983, as amended, by direct

expenditure or cooperative agreement, $10,980,000, to remain available until expended and which may be transferred to the Bureau of

Indian Affairs and Departmental Management.

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment activities by

the Department of the Interior necessary to carry out the provisions

of the Comprehensive Environmental Response, Compensation, and

Liability Act, as amended (42 U.S.C. 9601 et seq.), Federal Water

Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil

Pollution Act of 1990 (Public Law 101–380) (33 U.S.C. 2701 et seq.),

and Public Law 101–337, as amended (16 U.S.C. 19jj et seq.),

$5,497,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition from available resources within the Working Capital Fund, 15 aircraft, 10 of which

shall be for replacement and which may be obtained by donation,

purchase or through available excess surplus property: Provided,

That notwithstanding any other provision of law, existing aircraft

being replaced may be sold, with proceeds derived or trade-in value

used to offset the purchase price for the replacement aircraft: Provided further, That no programs funded with appropriated funds in

the ‘‘Departmental Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of Inspector General’’ may be augmented through the Working

Capital Fund or the Consolidated Working Fund.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

SEC. 101. Appropriations made in this title shall be available

for expenditure or transfer (within each bureau or office), with the

approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or

equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available

under this authority until funds specifically made available to the

24

Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section are hereby designated by Congress to be ‘‘emergency requirements’’ pursuant to section 251(b)(2)(A) of the Balanced Budget and

Emergency Deficit Control Act of 1985, and must be replenished by

a supplemental appropriation which must be requested as promptly

as possible.

SEC. 102. The Secretary may authorize the expenditure or

transfer of any no year appropriation in this title, in addition to the

amounts included in the budget programs of the several agencies,

for the suppression or emergency prevention of wildland fires on or

threatening lands under the jurisdiction of the Department of the

Interior; for the emergency rehabilitation of burned-over lands

under its jurisdiction; for emergency actions related to potential or

actual earthquakes, floods, volcanoes, storms, or other unavoidable

causes; for contingency planning subsequent to actual oil spills; for

response and natural resource damage assessment activities related

to actual oil spills; for the prevention, suppression, and control of

actual or potential grasshopper and Mormon cricket outbreaks on

lands under the jurisdiction of the Secretary, pursuant to the authority in section 1773(b) of Public Law 99–198 (99 Stat. 1658); for

emergency reclamation projects under section 410 of Public Law 95– 87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as

may be necessary to permit assumption of regulatory authority in

the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations

made in this title for wildland fire operations shall be available for

the payment of obligations incurred during the preceding fiscal

year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their

use for wildland fire operations, such reimbursement to be credited

to appropriations currently available at the time of receipt thereof:

Provided further, That for wildland fire operations, no funds shall

be made available under this authority until the Secretary determines that funds appropriated for ‘‘wildland fire operations’’ shall

be exhausted within 30 days: Provided further, That all funds used

pursuant to this section are hereby designated by Congress to be

‘‘emergency requirements’’ pursuant to section 251(b)(2)(A) of the

Balanced Budget and Emergency Deficit Control Act of 1985, and

must be replenished by a supplemental appropriation which must

be requested as promptly as possible: Provided further, That such

replenishment funds shall be used to reimburse, on a pro rata basis,

accounts from which emergency funds were transferred.

SEC. 103. Appropriations made in this title shall be available

for operation of warehouses, garages, shops, and similar facilities,

wherever consolidation of activities will contribute to efficiency or

economy, and said appropriations shall be reimbursed for services

rendered to any other activity in the same manner as authorized by

sections 1535 and 1536 of title 31, United States Code: Provided,

That reimbursements for costs and supplies, materials, equipment,

and for services rendered may be credited to the appropriation current at the time such reimbursements are received.

SEC. 104. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by 5

25

U.S.C. 3109, when authorized by the Secretary, in total amount not

to exceed $500,000; hire, maintenance, and operation of aircraft;

hire of passenger motor vehicles; purchase of reprints; payment for

telephone service in private residences in the field, when authorized

under regulations approved by the Secretary; and the payment of

dues, when authorized by the Secretary, for library membership in

societies or associations which issue publications to members only

or at a price to members lower than to subscribers who are not

members.

SEC. 105. Appropriations available to the Department of the Interior for salaries and expenses shall be available for uniforms or

allowances therefor, as authorized by law (5 U.S.C. 5901–5902 and

D.C. Code 4–204).

SEC. 106. Annual appropriations made in this title shall be

available for obligation in connection with contracts issued for services or rentals for periods not in excess of 12 months beginning at

any time during the fiscal year.

SEC. 107. No funds provided in this title may be expended by

the Department of the Interior for the conduct of offshore preleasing,

leasing and related activities placed under restriction in the President’s moratorium statement of June 12, 1998, in the areas of

northern, central, and southern California; the North Atlantic;

Washington and Oregon; and the eastern Gulf of Mexico south of 26

degrees north latitude and east of 86 degrees west longitude.

SEC. 108. No funds provided in this title may be expended by

the Department of the Interior for the conduct of offshore oil and

natural gas preleasing, leasing, and related activities, on lands

within the North Aleutian Basin planning area.

SEC. 109. No funds provided in this title may be expended by

the Department of the Interior to conduct offshore oil and natural

gas preleasing, leasing and related activities in the eastern Gulf of

Mexico planning area for any lands located outside Sale 181, as

identified in the final Outer Continental Shelf 5-Year Oil and Gas

Leasing Program, 1997–2002.

SEC. 110. No funds provided in this title may be expended by

the Department of the Interior to conduct oil and natural gas

preleasing, leasing and related activities in the Mid-Atlantic and

South Atlantic planning areas.

SEC. 111. Advance payments made under this title to Indian

tribes, tribal organizations, and tribal consortia pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C.

450 et seq.) or the Tribally Controlled Schools Act of 1988 (25

U.S.C. 2501 et seq.) may be invested by the Indian tribe, tribal organization, or consortium before such funds are expended for the purposes of the grant, compact, or annual funding agreement so long

as such funds are— (1) invested by the Indian tribe, tribal organization, or consortium only in obligations of the United States, or in obligations or securities that are guaranteed or insured by the United

States, or mutual (or other) funds registered with the Securities

and Exchange Commission and which only invest in obligations

of the United States or securities that are guaranteed or insured

by the United States; or

(2) deposited only into accounts that are insured by an

agency or instrumentality of the United States, or are fully

26

collateralized to ensure protection of the funds, even in the event

of a bank failure.

SEC. 112. Notwithstanding any other provisions of law, the National Park Service shall not develop or implement a reduced entrance fee program to accommodate non-local travel through a unit.

The Secretary may provide for and regulate local non-recreational

passage through units of the National Park System, allowing each

unit to develop guidelines and permits for such activity appropriate

to that unit.

SEC. 113. Appropriations made in this Act under the headings

Bureau of Indian Affairs and Office of Special Trustee for American

Indians and any available unobligated balances from prior appropriations Acts made under the same headings, shall be available for

expenditure or transfer for Indian trust management activities pursuant to the Trust Management Improvement Project High Level

Implementation Plan.

SEC. 114. A grazing permit or lease that expires (or is transferred) during fiscal year 2002 shall be renewed under section 402

of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1752) or if applicable, section 510 of the California

Desert Protection Act (16 U.S.C. 410aaa–50). The terms and conditions contained in the expiring permit or lease shall continue in effect under the new permit or lease until such time as the Secretary

of the Interior completes processing of such permit or lease in compliance with all applicable laws and regulations, at which time

such permit or lease may be canceled, suspended or modified, in

whole or in part, to meet the requirements of such applicable laws

and regulations. Nothing in this section shall be deemed to alter the

Secretary’s statutory authority: Provided, That any Federal lands

included within the boundary of Lake Roosevelt National Recreation

Area, as designated by the Secretary of the Interior on April 5, 1990,

(Lake Roosevelt Cooperative Management Agreement) that were utilized as of March 31, 1997, for grazing purposes pursuant to a permit issued by the National Park Service, the person or persons so

utilizing such lands as of March 31, 1997, shall be entitled to renew

said permit under such terms and conditions as the Secretary may

prescribe, for the lifetime of the permittee or 20 years, whichever is

less.

SEC. 115. Notwithstanding any other provision of law, for the

purpose of reducing the backlog of Indian probate cases in the Department of the Interior, the hearing requirements of chapter 10 of

title 25, United States Code, are deemed satisfied by a proceeding

conducted by an Indian probate judge, appointed by the Secretary

without regard to the provisions of title 5, United States Code, governing the appointments in the competitive service, for such period

of time as the Secretary determines necessary: Provided, That the

basic pay of an Indian probate judge so appointed may be fixed by

the Secretary without regard to the provisions of chapter 51, and

subchapter III of chapter 53 of title 5, United States Code, governing the classification and pay of General Schedule employees, except that no such Indian probate judge may be paid at a level which

exceeds the maximum rate payable for the highest grade of the General Schedule, including locality pay.

SEC. 116. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal PriVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00026 Fmt 6659 Sfmt 6603 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
27

ority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified,

unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction

in Tribal Priority Allocation funds of more than 10 percent in fiscal

year 2002. Under circumstances of dual enrollment, overlapping

service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply.

SEC. 117. None of the funds in this Act may be used to establish

a new National Wildlife Refuge in the Kankakee River basin that

is inconsistent with the United States Army Corps of Engineers’ efforts to control flooding and siltation in that area. Written certification of consistency shall be submitted to the House and Senate

Committees on Appropriations prior to refuge establishment.

SEC. 118. Funds appropriated for the Bureau of Indian Affairs

for postsecondary schools for fiscal year 2002 shall be allocated

among the schools proportionate to the unmet need of the schools as

determined by the Postsecondary Funding Formula adopted by the

Office of Indian Education Programs.

SEC. 119. (a) The Secretary of the Interior shall take such action as may be necessary to ensure that the lands comprising the

Huron Cemetery in Kansas City, Kansas (as described in section

123 of Public Law 106–291) are used only in accordance with this

section.

(b) The lands of the Huron Cemetery shall be used only: (1) for

religious and cultural uses that are compatible with the use of the

lands as a cemetery; and (2) as a burial ground.

SEC. 120. No funds appropriated for the Department of the Interior by this Act or any other Act shall be used to study or implement

any plan to drain Lake Powell or to reduce the water level of the

lake below the range of water levels required for the operation of the

Glen Canyon Dam.

SEC. 121. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104–134, as amended by Public Law 104–208,

the Secretary may accept and retain land and other forms of reimbursement: Provided, That the Secretary may retain and use any

such reimbursement until expended and without further appropriation: (1) for the benefit of the National Wildlife Refuge System within the State of Minnesota; and (2) for all activities authorized by

Public Law 100–696; 16 U.S.C. 460zz.

SEC. 122. Section 412(b) of the National Parks Omnibus Management Act of 1998, as amended (16 U.S.C. 5961) is amended by

striking ‘‘2001’’ and inserting ‘‘2002’’.

SEC. 123. Notwithstanding other provisions of law, the National Park Service may authorize, through cooperative agreement,

the Golden Gate National Parks Association to provide fee-based

education, interpretive and visitor service functions within the

Crissy Field and Fort Point areas of the Presidio.

SEC. 124. Notwithstanding 31 U.S.C. 3302(b), sums received by

the Bureau of Land Management for the sale of seeds or seedlings

including those collected in fiscal year 2001, may be credited to the

appropriation from which funds were expended to acquire or grow

the seeds or seedlings and are available without fiscal year limitation.

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SEC. 125. TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION

PROGRAM. (a) DEFINITIONS.—In this section:

(1) CONSTRUCTION.—The term ‘‘construction’’, with respect

to a tribally controlled school, includes the construction or renovation of that school.

(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(4) TRIBALLY CONTROLLED SCHOOL.—The term ‘‘tribally

controlled school’’ has the meaning given that term in section

5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C.

2511).

(5) DEPARTMENT.—The term ‘‘Department’’ means the Department of the Interior.

(6) DEMONSTRATION PROGRAM.—The term ‘‘demonstration

program’’ means the Tribal School Construction Demonstration

Program.

(b) IN GENERAL.—The Secretary shall carry out a demonstration program to provide grants to Indian tribes for the construction

of tribally controlled schools.

(1) IN GENERAL.—Subject to the availability of appropriations, in carrying out the demonstration program under subsection (b), the Secretary shall award a grant to each Indian

tribe that submits an application that is approved by the Secretary under paragraph (2). The Secretary shall ensure that an

eligible Indian tribe currently on the Department’s priority list

for construction of replacement educational facilities receives

the highest priority for a grant under this section.

(2) GRANT APPLICATIONS.—An application for a grant

under the section shall— (A) include a proposal for the construction of a tribally

controlled school of the Indian tribe that submits the application; and

(B) be in such form as the Secretary determines appropriate.

(3) GRANT AGREEMENT.—As a condition to receiving a

grant under this section, the Indian tribe shall enter into an

agreement with the Secretary that specifies— (A) the costs of construction under the grant;

(B) that the Indian tribe shall be required to contribute

towards the cost of the construction a tribal share equal to

50 percent of the costs; and

(C) any other term or condition that the Secretary determines to be appropriate.

(4) ELIGIBILITY.—Grants awarded under the demonstration

program shall only be for construction of replacement tribally

controlled schools.

(c) EFFECT OF GRANT.—A grant received under this section

shall be in addition to any other funds received by an Indian tribe

under any other provision of law. The receipt of a grant under this

section shall not affect the eligibility of an Indian tribe receiving

funding, or the amount of funding received by the Indian tribe,

under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501

29

et seq.) or the Indian Self-Determination and Education Assistance

Act (25 U.S.C. 450 et seq.).

SEC. 126. WHITE RIVER OIL SHALE MINE, UTAH. (a) SALE.—The

Administrator of General Services (referred to in this section as the

‘‘Administrator’’) shall sell all right, title, and interest of the United

States in and to the improvements and equipment described in subsection (b) that are situated on the land described in subsection (c)

(referred to in this section as the ‘‘Mine’’).

(b) DESCRIPTION OF IMPROVEMENTS AND EQUIPMENT.—The improvements and equipment referred to in subsection (a) are the following improvements and equipment associated with the Mine:

(1) Mine Service Building.

(2) Sewage Treatment Building.

(3) Electrical Switchgear Building.

(4) Water Treatment Building/Plant.

(5) Ventilation/Fan Building.

(6) Water Storage Tanks.

(7) Mine Hoist Cage and Headframe.

(8) Miscellaneous Mine-related equipment.

(c) DESCRIPTION OF LAND.—The land referred to in subsection

(a) is the land located in Uintah County, Utah, known as the ‘‘White

River Oil Shale Mine’’ and described as follows:

(1) T. 10 S., R. 24 E., Salt Lake Meridian, sections 12

through 14, 19 through 30, 33, and 34.

(2) T. 10 S., R. 25 E., Salt Lake Meridian, sections 18 and

19.

(d) USE OF PROCEEDS.—The proceeds of the sale under subsection (a)—

(1) shall be deposited in a special account in the Treasury

of the United States; and

(2) shall be available until expended, without further Act of

appropriation— (A) first, to reimburse the Administrator for the direct

costs of the sale; and

(B) second, to reimburse the Bureau of Land Management Utah State Office for the costs of closing and rehabilitating the Mine.

(e) MINE CLOSURE AND REHABILITATION.—The closing and rehabilitation of the Mine (including closing of the mine shafts, site

grading, and surface revegetation) shall be conducted in accordance

with— (1) the regulatory requirements of the State of Utah, the

Mine Safety and Health Administration, and the Occupational

Safety and Health Administration; and

(2) other applicable law.

SEC. 127. The Secretary of the Interior may use or contract for

the use of helicopters or motor vehicles on the Sheldon and Hart

National Wildlife Refuges for the purpose of capturing and transporting horses and burros. The provisions of subsection (a) of the

Act of September 8, 1959 (73 Stat. 470; 18 U.S.C. 47(a)) shall not

be applicable to such use. Such use shall be in accordance with humane procedures prescribed by the Secretary.

SEC. 128. The Lytton Rancheria of California shall not conduct

Class III gaming as defined in Public Law 100–497 on land taken

into trust for the tribe pursuant to Public Law 106–568 except in

30

compliance with all required compact provisions of section 2710(d)

of Public Law 100–497 or any relevant Class III gaming procedures.

SEC. 129. Moore’s Landing at the Cape Romain National Wildlife Refuge in South Carolina is hereby named for George Garris

and shall hereafter be referred to in any law, document, or records

of the United States as ‘‘Garris Landing’’. SEC. 130. From within funds available to the National Park

Service, such sums as may be necessary shall be used for expenses

necessary to complete and issue, no later than January 1, 2004, an

Environmental Impact Statement (EIS) to identify and analyze the

possible effects of the 1996 increases in the number of vessel entries

issued for Glacier Bay National Park and Preserve: Provided, That

such EIS, upon its completion, shall be used by the Secretary to set

the maximum level of vessel entries: Provided further, That until the

Secretary sets the level of vessel entries based on the new EIS, the

number of vessel entries into the Park shall be the same as that in

effect during the 2000 calendar year and the National Park Service

approval of modified Alternative 5 and promulgation of the final

rule issued on May 30, 1996, relating to vessel entries, including the

number of such entries, for Glacier Bay National Park and Preserve

are hereby approved and shall be in effect notwithstanding any

other provision of law until the Secretary sets the maximum level

of vessel entries consistent with this section: Provided further, That

nothing in this section shall preclude the Secretary from suspending

or revoking any vessel entry if the Secretary determines that it is

necessary to protect Park resources.

SEC. 131. No funds contained in this Act shall be used to approve the transfer of lands on South Fox Island, Michigan until

Congress has authorized such transfer.

SEC. 132. Funds provided in this Act for Federal land acquisition by the National Park Service for Brandywine Battlefield, Mississippi National River and Recreation Area, Shenandoah Valley

Battlefields National Historic District, and Ice Age National Scenic

Trail may be used for a grant to a State, a local government, or any

other governmental land management entity for the acquisition of

lands without regard to any restriction on the use of Federal land

acquisition funds provided through the Land and Water Conservation Fund Act of 1965 as amended.

SEC. 133. Section 902(b)(5) of Public Law 106–568 is hereby

amended by inserting a comma after ‘‘N1⁄2’’.

SEC. 134. CLARIFICATION OF THE SECRETARY OF THE INTERIOR’S

AUTHORITY UNDER SECTIONS 2701–2721 OF TITLE 25, UNITED

STATES CODE. The authority to determine whether a specific area of

land is a ‘‘reservation’’ for purposes of sections 2701–2721 of title 25,

United States Code, was delegated to the Secretary of the Interior

on October 17, 1988: Provided, That nothing in this section shall be

construed to permit gaming under the Indian Gaming Regulatory

Act on the lands described in section 123 of Public Law 106–291 or

any lands contiguous to such lands that have not been taken into

trust by the Secretary of the Interior.

SEC. 135. BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT

TRAILS NATIONAL CONSERVATION AREA. (a) AREAS INCLUDED.—The

Black Rock Desert-High Rock Canyon Emigrant Trails National

Conservation Area Act of 2000 is amended in sections 4(b) (16

U.S.C. 460ppp–2(b)) and 8(a) (16 U.S.C. 460ppp–6(a)) by striking

31

‘‘July 19, 2000’’ each place it appears and inserting ‘‘October 3,

2001’’.

(b) ROAD MAINTENANCE.—Section 5 of the Black Rock DesertHigh Rock Canyon Emigrant Trails National Conservation Area Act

of 2000 (16 U.S.C. 460ppp–3) is amended by adding at the end the

following:

‘‘(h) ROAD MAINTENANCE.—Within the conservation area the

Secretary may permit the use of gravel pits for the maintenance of

roads within the conservation area under the Materials Act of 1947

(30 U.S.C. 601 et seq.) to the extent consistent with this Act and

subject to such regulations, policies, and practices as the Secretary

considers necessary.’’.

(c) HUNTING, TRAPPING, AND FISHING.—Section 8 of the Black

Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area Act of 2000 (16 U.S.C. 460ppp–6) is amended by

adding at the end the following:

‘‘(e) HUNTING, TRAPPING, AND FISHING.—

‘‘(1) IN GENERAL.—Nothing in this Act diminishes the jurisdiction of the State of Nevada with respect to fish and wildlife

management, including regulation of hunting and fishing on

public land in the areas designated as wilderness under subsection (a).

‘‘(2) APPLICABLE LAW.—Any action in the areas designated

as wilderness under subsection (a) shall be consistent with the

Wilderness Act (16 U.S.C. 1131 et seq.).’’.

(d) WILDLAND FIRE PROTECTION.—Section 8 of the Black Rock

Desert-High Rock Canyon Emigrant Trails National Conservation

Area Act of 2000 (16 U.S.C. 460ppp–6) (as amended by subsection

(c)) is amended by adding at the end the following:

‘‘(f) WILDLAND FIRE PROTECTION.—Nothing in this Act or the

Wilderness Act (16 U.S.C. 1131 et seq.) precludes a Federal, State,

or local agency from conducting wildland fire management operations (including prescribed burns) within the areas designated as

wilderness under subsection (a), subject to any conditions that the

Secretary considers appropriate.’’.

(e) WILDERNESS STUDY RELEASE.—Section 8 of the Black Rock

Desert-High Rock Canyon Emigrant Trails National Conservation

Area Act of 2000 (16 U.S.C. 460ppp–6) (as amended by subsection

(d)) is amended by adding at the end the following:

‘‘(g) WILDERNESS STUDY RELEASE.—Congress—

‘‘(1) finds that the parcels of land in the wilderness study

areas referred to in subsection (a) that are not designated as

wilderness by subsection (a) have been adequately studied for

wilderness designation under section 603 of the Federal Land

Policy and Management Act of 1976 (43 U.S.C. 1782); and

‘‘(2) declares that those parcels are no longer subject to the

requirement of subsection (c) of that section pertaining to the

management of wilderness study areas in a manner that does

not impair the suitability of such areas for preservation as wilderness.’’.

32

TITLE II—RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as authorized by law, $241,304,000, to remain available until expended.

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, and

others, and for forest health management, cooperative forestry, and

education and land conservation activities and conducting an international program as authorized, $291,221,000, to remain available

until expended, as authorized by law, of which $65,000,000 is for

the Forest Legacy Program, and $36,000,000 is for the Urban and

Community Forestry Program, defined in section 250(c)(4)(E) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, for the purposes of such Act: Provided, That none of the

funds provided under this heading for the acquisition of lands or

interests in lands shall be available until the Forest Service notifies

the House Committee on Appropriations and the Senate Committee

on Appropriations, in writing, of specific acquisition of lands or interests in lands to be undertaken with such funds: Provided further,

That notwithstanding any other provision of law, of the funds provided under this heading, $4,500,000 shall be made available to

Kake Tribal Corporation as an advanced direct lump sum payment

to implement the Kake Tribal Corporation Land Transfer Act (Public Law 106–283).

NATIONAL FOREST SYSTEM

For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization

of the National Forest System, $1,331,439,000, to remain available

until expended, which shall include 50 percent of all moneys received during prior fiscal years as fees collected under the Land and

Water Conservation Fund Act of 1965, as amended, in accordance

with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided, That unobligated balances available at the start of fiscal year 2002 shall be

displayed by budget line item in the fiscal year 2003 budget justification: Provided further, That the Secretary may authorize the

expenditure or transfer of such sums as necessary to the Department

of the Interior, Bureau of Land Management for removal, preparation, and adoption of excess wild horses and burros from National

Forest System lands: Provided further, That of the funds provided

under this heading for Forest Products, $5,000,000 shall be allocated to the Alaska Region, in addition to its normal allocation for

the purposes of preparing additional timber for sale, to establish a

3-year timber supply and such funds may be transferred to other

appropriations accounts as necessary to maximize accomplishment.

33

WILDLAND FIRE MANAGEMENT

For necessary expenses for forest fire presuppression activities

on National Forest System lands, for emergency fire suppression on

or adjacent to such lands or other lands under fire protection agreement, hazardous fuel reduction on or adjacent to such lands, and

for emergency rehabilitation of burned-over National Forest System

lands and water, $1,214,349,000, to remain available until expended: Provided, That such funds including unobligated balances

under this head, are available for repayment of advances from other

appropriations accounts previously transferred for such purposes:

Provided further, That not less than 50 percent of any unobligated

balances remaining (exclusive of amounts for hazardous fuels reduction) at the end of fiscal year 2001 shall be transferred, as repayment for past advances that have not been repaid, to the fund established pursuant to section 3 of Public Law 71–319 (16 U.S.C. 576

et seq.): Provided further, That notwithstanding any other provision

of law, $8,000,000 of funds appropriated under this appropriation

shall be used for Fire Science Research in support of the Joint Fire

Science Program: Provided further, That all authorities for the use

of funds, including the use of contracts, grants, and cooperative

agreements, available to execute the Forest and Rangeland Research

appropriation, are also available in the utilization of these funds for

Fire Science Research: Provided further, That funds provided shall

be available for emergency rehabilitation and restoration, hazard

reduction activities in the urban-wildland interface, support to Federal emergency response, and wildfire suppression activities of the

Forest Service; Provided further, That of the funds provided,

$209,010,000 is for hazardous fuel treatment, $3,668,000 is for rehabilitation and restoration, $10,376,000 is for capital improvement

and maintenance of fire facilities, $22,265,000 is for research activities and to make competitive research grants pursuant to the Forest

and Rangeland Renewable Resources Research Act, as amended (16

U.S.C. 1641 et seq.), $50,383,000 is for state fire assistance,

$8,262,000 is for volunteer fire assistance, $11,974,000 is for forest

health activities on state, private, and Federal lands, and

$12,472,000 is for economic action programs: Provided further, That

amounts in this paragraph may be transferred to the ‘‘State and

Private Forestry’’, ‘‘National Forest System’’, ‘‘Forest and Rangeland

Research’’, and ‘‘Capital Improvement and Maintenance’’ accounts

to fund state fire assistance, volunteer fire assistance, and forest

health management, vegetation and watershed management, heritage site rehabilitation, wildlife and fish habitat management, trails

and facilities maintenance and restoration: Provided further, That

transfers of any amounts in excess of those authorized in this paragraph, shall require approval of the House and Senate Committees

on Appropriations in compliance with reprogramming procedures

contained in House Report No. 105–163: Provided further, That the

costs of implementing any cooperative agreement between the Federal government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That in

entering into such grants or cooperative agreements, the Secretary

may consider the enhancement of local and small business employment opportunities for rural communities, and that in entering into

procurement contracts under this section on a best value basis, the

34

Secretary may take into account the ability of an entity to enhance

local and small business employment opportunities in rural communities, and that the Secretary may award procurement contracts,

grants, or cooperative agreements under this section to entities that

include local non-profit entities, Youth Conservation Corps or related partnerships with State, local or non-profit youth groups, or

small or disadvantaged businesses: Provided further, That in addition to funds provided for State Fire Assistance programs, and subject to all authorities available to the Forest Service under the State

and Private Forestry Appropriation, up to $15,000,000 may be used

on adjacent non-Federal lands for the purpose of protecting communities when hazard reduction activities are planned on national forest lands that have the potential to place such communities at risk:

Provided further, That included in funding for hazardous fuel reduction is $5,000,000 for implementing the Community Forest Restoration Act, Public Law 106–393, title VI, and any portion of such

funds shall be available for use on non-Federal lands in accordance

with authorities available to the Forest Service under the State and

Private Forestry Appropriation: Provided further, That:

(1) In expending the funds provided with respect to this Act

for hazardous fuels reduction, the Secretary of the Interior and

the Secretary of Agriculture may conduct fuel reduction treatments on Federal lands using all contracting and hiring authorities available to the Secretaries applicable to hazardous

fuel reduction activities under the wildland fire management

accounts. Notwithstanding Federal government procurement

and contracting laws, the Secretaries may conduct fuel reduction treatments on Federal lands using grants and cooperative

agreements. Notwithstanding Federal government procurement

and contracting laws, in order to provide employment and

training opportunities to people in rural communities, the Secretaries may award contracts, including contracts for monitoring activities, to—

(A) local private, nonprofit, or cooperative entities;

(B) Youth Conservation Corps crews or related partnerships, with State, local and non-profit youth groups;

(C) small or micro-businesses; or

(D) other entities that will hire or train a significant

percentage of local people to complete such contracts. The

authorities described above relating to contracts, grants,

and cooperative agreements are available until all funds

provided in this title for hazardous fuels reduction activities in the urban wildland interface are obligated.

(2)(A) The Secretary of Agriculture may transfer or reimburse funds to the United States Fish and Wildlife Service of

the Department of the Interior, or the National Marine Fisheries Service of the Department of Commerce, for the costs of

carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference as required by section 7 of such Act in connection with

wildland fire management activities in fiscal years 2001 and

2002.

(B) Only those funds appropriated for fiscal years 2001 and

2002 to Forest Service (USDA) for wildland fire management

35

are available to the Secretary of Agriculture for such transfer

or reimbursement.

(C) The amount of the transfer or reimbursement shall be

as mutually agreed by the Secretary of Agriculture and the Secretary of the Interior or Secretary of Commerce, as applicable,

or their designees. The amount shall in no case exceed the actual costs of consultation and conferencing in connection with

wildland fire management activities affecting National Forest

System lands.

For an additional amount to cover necessary expenses for emergency rehabilitation, wildfire suppression and other fire operations

of the Forest Service, $346,000,000, to remain available until expended, of which $200,000,000 is for repayment of prior year advances from other appropriations and accounts within the Wildland

Fire appropriation previously transferred for fire suppression,

$66,000,000 is for wildfire suppression operations, $59,000,000 is

for land rehabilitation and restoration, $5,000,000 is for research

activities and to make competitive research grants pursuant to the

Forest and Rangeland Renewable Resources Research Act, as

amended (16 U.S.C. 1641 et seq.), $10,000,000 is for capital improvement and maintenance of fire facilities, $6,000,000 is for state

fire assistance: Provided, That the Congress designates the entire

amount as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That $346,000,000 shall

be available only to the extent that an official budget request, that

includes designation of the $346,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President to

the Congress.

For an additional amount, to liquidate obligations previously incurred, $274,147,000.

CAPITAL IMPROVEMENT AND MAINTENANCE

For necessary expenses of the Forest Service, not otherwise pro- vided for, $546,188,000, to remain available until expended for construction, reconstruction, maintenance and acquisition of buildings

and other facilities, and for construction, reconstruction, repair and

maintenance of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205, of which, $61,000,000 is for conservation activities defined in section

250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, for the purposes of such Act: Provided,

That fiscal year 2001 balances in the Federal Infrastructure Improvement account for the Forest Service shall be transferred to and

merged with this appropriation and shall remain available until expended: Provided further, That up to $15,000,000 of the funds provided herein for road maintenance shall be available for the decommissioning of roads, including unauthorized roads not part of the

transportation system, which are no longer needed: Provided further, That no funds shall be expended to decommission any system

road until notice and an opportunity for public comment has been

provided on each decommissioning project: Provided further, That

the Forest Service shall transfer $300,000, appropriated in Public

Law 106–291 within the Capital Improvement and Maintenance apVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00035 Fmt 6659 Sfmt 6603 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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propriation, to the State and Private Forestry appropriation, and

shall provide these funds in an advance direct lump sum payment

to Purdue University for planning and construction of a hardwood

tree improvement and generation facility: Provided further, That

from funds provided to the Forest Service in Public Law 106–291,

$500,000 is hereby transferred from the Capital Improvement and

Maintenance appropriation to the State and Private Forestry appropriation.

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land

and Water Conservation Fund Act of 1965, as amended (16 U.S.C.

460l–4 through 11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with

statutory authority applicable to the Forest Service, $149,742,000 to

be derived from the Land and Water Conservation Fund, to remain

available until expended, and to be for the conservation activities

defined in section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, for the purposes of

such Act.

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,

and Cleveland National Forests, California, as authorized by law,

$1,069,000, to be derived from forest receipts.

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds

deposited by State, county, or municipal governments, public school

districts, or other public school authorities pursuant to the Act of

December 4, 1967, as amended (16 U.S.C. 484a), to remain available until expended.

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and

improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National

Forests in the 16 Western States, pursuant to section 401(b)(1) of

Public Law 94–579, as amended, to remain available until expended, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements.

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

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

37

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage federal

lands in Alaska for subsistence uses under title VIII of the Alaska

National Interest Lands Conservation Act (Public Law 96–487),

$5,488,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year

shall be available for: (1) purchase of not to exceed 132 passenger

motor vehicles of which eight will be used primarily for law enforcement purposes and of which 130 shall be for replacement; acquisition of 25 passenger motor vehicles from excess sources, and hire of

such vehicles; operation and maintenance of aircraft, the purchase

of not to exceed seven for replacement only, and acquisition of sufficient aircraft from excess sources to maintain the operable fleet at

195 aircraft for use in Forest Service wildland fire programs and

other Forest Service programs; notwithstanding other provisions of

law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not

to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and interests therein; (5) for expenses pursuant to the Volunteers in the

National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note);

(6) the cost of uniforms as authorized by 5 U.S.C. 5901–5902; and

(7) for debt collection contracts in accordance with 31 U.S.C.

3718(c).

None of the funds made available under this Act shall be obligated or expended to abolish any region, to move or close any regional office for National Forest System administration of the Forest Service, Department of Agriculture without the consent of the

House and Senate Committees on Appropriations.

Any appropriations or funds available to the Forest Service may

be transferred to the Wildland Fire Management appropriation for

forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness

due to severe burning conditions if and only if all previously appropriated emergency contingent funds under the heading ‘‘Wildland

Fire Management’’ have been released by the President and apportioned.

Funds appropriated to the Forest Service shall be available for

assistance to or through the Agency for International Development

and the Foreign Agricultural Service in connection with forest and

rangeland research, technical information, and assistance in foreign

countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories

and possessions, including technical assistance, education and

training, and cooperation with United States and international organizations.

None of the funds made available to the Forest Service under

this Act shall be subject to transfer under the provisions of section

702(b) of the Department of Agriculture Organic Act of 1944 (7

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proved in advance by the House and Senate Committees on Appropriations in compliance with the reprogramming procedures contained in House Report No. 105–163.

None of the funds available to the Forest Service may be reprogrammed without the advance approval of the House and Senate

Committees on Appropriations in accordance with the procedures

contained in House Report No. 105–163.

No funds available to the Forest Service shall be transferred to

the Working Capital Fund of the Department of Agriculture that exceed the total amount transferred during fiscal year 2000 for such

purposes without the advance approval of the House and Senate

Committees on Appropriations.

Funds available to the Forest Service shall be available to conduct a program of not less than $2,000,000 for high priority projects

within the scope of the approved budget which shall be carried out

by the Youth Conservation Corps, defined in section 250(c)(4)(E) of

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, for the purposes of such Act. Of the funds available to the Forest Service, $2,500 is available

to the Chief of the Forest Service for official reception and representation expenses.

Pursuant to sections 405(b) and 410(b) of Public Law 101–593,

of the funds available to the Forest Service, up to $2,250,000 may

be advanced in a lump sum as Federal financial assistance to the

National Forest Foundation, without regard to when the Foundation incurs expenses, for administrative expenses or projects on or

benefitting National Forest System lands or related to Forest Service programs: Provided, That of the Federal funds made available

to the Foundation, no more than $400,000 shall be available for administrative expenses: Provided further, That section 403(a) of the

National Forest Foundation Act (16 U.S.C. 583j–1(a)) is amended

by inserting after the first sentence the following new sentence: ‘‘At

the discretion of the Secretary of Agriculture, the Secretary may increase the number of Directors to not more than twenty.’’: Provided

further, That the Foundation shall obtain, by the end of the period

of Federal financial assistance, private contributions to match on at

least one-for-one basis funds made available by the Forest Service:

Provided further, That the Foundation may transfer Federal funds

to a non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds: Provided further, That hereafter, the National Forest Foundation may hold Federal funds made available but not immediately disbursed and may

use any interest or other investment income earned (before, on, or

after the date of the enactment of this Act) on Federal funds to carry

out the purposes of Public Law 101–593: Provided further, That

such investments may be made only in interest-bearing obligations

of the United States or in obligations guaranteed as to both principal and interest by the United States.

Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000 of

the funds available to the Forest Service shall be available for

matching funds to the National Fish and Wildlife Foundation, as

authorized by 16 U.S.C. 3701–3709, and may be advanced in a

lump sum as Federal financial assistance, without regard to when

expenses are incurred, for projects on or benefitting National Forest

System lands or related to Forest Service programs: Provided, That

39

the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match on at least onefor-one basis funds advanced by the Forest Service: Provided further, That the Foundation may transfer Federal funds to a non-Federal recipient for a project at the same rate that the recipient has

obtained the non-Federal matching funds.

Funds appropriated to the Forest Service shall be available for

interactions with and providing technical assistance to rural communities for sustainable rural development purposes.

Notwithstanding any other provision of law, 80 percent of the

funds appropriated to the Forest Service in the ‘‘National Forest

System’’ and ‘‘Capital Improvement and Maintenance’’ accounts and

planned to be allocated to activities under the ‘‘Jobs in the Woods’’

program for projects on National Forest land in the State of Washington may be granted directly to the Washington State Department

of Fish and Wildlife for accomplishment of planned projects. Twenty

percent of said funds shall be retained by the Forest Service for

planning and administering projects. Project selection and

prioritization shall be accomplished by the Forest Service with such

consultation with the State of Washington as the Forest Service

deems appropriate.

Funds appropriated to the Forest Service shall be available for

payments to counties within the Columbia River Gorge National

Scenic Area, pursuant to sections 14(c)(1) and (2), and section

16(a)(2) of Public Law 99–663.

The Secretary of Agriculture is authorized to enter into grants,

contracts, and cooperative agreements as appropriate with the Pinchot Institute for Conservation, as well as with public and other private agencies, organizations, institutions, and individuals, to provide for the development, administration, maintenance, or restoration of land, facilities, or Forest Service programs, at the Grey Towers National Historic Landmark: Provided, That, subject to such

terms and conditions as the Secretary of Agriculture may prescribe,

any such public or private agency, organization, institution, or individual may solicit, accept, and administer private gifts of money

and real or personal property for the benefit of, or in connection

with, the activities and services at the Grey Towers National Historic Landmark: Provided further, That such gifts may be accepted

notwithstanding the fact that a donor conducts business with the

Department of Agriculture in any capacity.

Funds appropriated to the Forest Service shall be available, as

determined by the Secretary, for payments to Del Norte County,

California, pursuant to sections 13(e) and 14 of the Smith River National Recreation Area Act (Public Law 101–612).

Notwithstanding any other provision of law, any appropriations

or funds available to the Forest Service not to exceed $500,000 may

be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as

a result of OGC assistance or participation requested by the Forest

Service at meetings, training sessions, management reviews, land

purchase negotiations and similar non-litigation related matters.

Future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously

transferred and the requested funding transfers.

40

The Forest Service shall fund indirect expenses, that is expenses

not directly related to specific programs or to the accomplishment

of specific work on-the-ground, from any funds available to the Forest Service: Provided, That the Forest Service shall implement and

adhere to the definitions of indirect expenditures established pursuant to Public Law 105–277 on a nationwide basis without flexibility

for modification by any organizational level except the Washington

Office, and when changed by the Washington Office, such changes

in definition shall be reported in budget requests submitted by the

Forest Service: Provided further, That the Forest Service shall provide in all future budget justifications, planned indirect expenditures in accordance with the definitions, summarized and displayed

to the Regional, Station, Area, and detached unit office level. The

justification shall display the estimated source and amount of indirect expenditures, by expanded budget line item, of funds in the

agency’s annual budget justification. The display shall include appropriated funds and the Knutson-Vandenberg, Brush Disposal, Cooperative Work-Other, and Salvage Sale funds. Changes between estimated and actual indirect expenditures shall be reported in subsequent budget justifications: Provided, That during fiscal year 2002

the Secretary shall limit total annual indirect obligations from the

Brush Disposal, Knutson-Vandenberg, Reforestation, Salvage Sale,

and Roads and Trails funds to 20 percent of the total obligations

from each fund. Obligations in excess of 20 percent which would

otherwise be charged to the above funds may be charged to appropriated funds available to the Forest Service subject to notification

of the Committees on Appropriations of the House and Senate.

Any appropriations or funds available to the Forest Service may

be used for necessary expenses in the event of law enforcement emergencies as necessary to protect natural resources and public or employee safety: Provided, That such amounts shall not exceed

$750,000.

The Secretary of Agriculture may authorize the sale of excess

buildings, facilities, and other properties owned by the Forest Service and located on the Green Mountain National Forest, the revenues of which shall be retained by the Forest Service and available

to the Secretary without further appropriation and until expended

for maintenance and rehabilitation activities on the Green Mountain National Forest.

DEPARTMENT OF ENERGY

CLEAN COAL TECHNOLOGY

(DEFERRAL)

Of the funds made available under this heading for obligation

in prior years, $40,000,000 shall not be available until October 1,

2002: Provided, That funds made available in previous appropriations Acts shall be available for any ongoing project regardless of

the separate request for proposal under which the project was selected.

41

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in carrying out fossil energy research

and development activities, under the authority of the Department

of Energy Organization Act (Public Law 95–91), including the acquisition of interest, including defeasible and equitable interests in

any real property or any facility or for plant or facility acquisition

or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and

disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $616,490,000, to

remain available until expended, of which $11,000,000 is to begin

a 7-year project for construction, renovation, furnishing, and demolition or removal of buildings at National Energy Technology Laboratory facilities in Morgantown, West Virginia and Pittsburgh,

Pennsylvania; and for acquisition of lands, and interests therein, in

proximity to the National Energy Technology Laboratory, and of

which $33,700,000 shall be derived by transfer from funds appropriated in prior years under the heading ‘‘Clean Coal Technology’’, and of which $150,000,000 and such sums as may be appropriated

in fiscal year 2003 are to be made available, after coordination with

the private sector, for a request for proposals for a Clean Coal

Power Initiative providing for competitively-awarded demonstrations of commercial scale technologies to reduce the barriers to continued and expanded coal use: Provided, That the request for proposals shall be issued no later than 120 days following enactment

of this Act, proposals shall be submitted no later than 150 days

after the issuance of the request for proposals, and the Department

of Energy shall make project selections no later than 160 days after

the receipt of proposals: Provided further, That no project may be

selected for which sufficient funding is not available to provide for

the total project: Provided further, That funds shall be expended in

accordance with the provisions governing the use of funds contained

under the heading ‘‘Clean Coal Technology’’ in prior appropriations:

Provided further, That the Department may include provisions for

repayment of Government contributions to individual projects in an

amount up to the Government contribution to the project on terms

and conditions that are acceptable to the Department including repayments from sale and licensing of technologies from both domestic

and foreign transactions: Provided further, That such repayments

shall be retained by the Department for future coal-related research,

development and demonstration projects: Provided further, That

any technology selected under this program shall be considered a

Clean Coal Technology, and any project selected under this program

shall be considered a Clean Coal Technology Project, for the purposes of 42 U.S.C. § 7651n, and Chapters 51, 52, and 60 of title 40

of the Code of Federal Regulations: Provided further, That funds excess to the needs of the Power Plant Improvement Initiative procurement provided for under this heading in Public Law 106–291 shall

be made available for the Clean Coal Power Initiative provided for

under this heading in this Act: Provided further, That no part of

the sum herein made available shall be used for the field testing of

nuclear explosives in the recovery of oil and gas: Provided further,

That up to 4 percent of program direction funds available to the NaVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00041 Fmt 6659 Sfmt 6603 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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tional Energy Technology Laboratory may be used to support Department of Energy activities not included in this account.

ALTERNATIVE FUELS PRODUCTION

(RESCISSION)

Of the unobligated balances under this heading, $2,000,000 are

rescinded.

NAVAL PETROLEUM AND OIL SHALE RESERVES

For expenses necessary to carry out naval petroleum and oil

shale reserve activities, $17,371,000, to remain available until expended: Provided, That, notwithstanding any other provision of

law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities.

ELK HILLS SCHOOL LANDS FUND

For necessary expenses in fulfilling installment payments under

the Settlement Agreement entered into by the United States and the

State of California on October 11, 1996, as authorized by section

3415 of Public Law 104–106, $36,000,000, to become available on

October 1, 2002 for payment to the State of California for the State

Teachers’ Retirement Fund from the Elk Hills School Lands Fund.

ENERGY CONSERVATION

For necessary expenses in carrying out energy conservation activities, $912,805,000, to remain available until expended: Provided,

That $275,000,000 shall be for use in energy conservation grant programs as defined in section 3008(3) of Public Law 99–509 (15

U.S.C. 4507): Provided further, That notwithstanding section

3003(d)(2) of Public Law 99–509, such sums shall be allocated to

the eligible programs as follows: $230,000,000 for weatherization

assistance grants and $45,000,000 for State energy conservation

grants: Provided further, That 50 percent of the funds provided for

the Energy Efficiency Science Initiative for fiscal year 2002 and

thereafter shall be made available to the Fossil Energy Research

and Development account.

ECONOMIC REGULATION

For necessary expenses in carrying out the activities of the Office of Hearings and Appeals, $1,996,000, to remain available until

expended.

STRATEGIC PETROLEUM RESERVE

For necessary expenses for Strategic Petroleum Reserve facility

development and operations and program management activities

pursuant to the Energy Policy and Conservation Act of 1975, as

amended (42 U.S.C. 6201 et seq.), $179,009,000, to remain available

until expended, of which not to exceed $8,000,000 shall be available

for maintenance of a Northeast Home Heating Oil Reserve.

43

ENERGY INFORMATION ADMINISTRATION

For necessary expenses in carrying out the activities of the Energy Information Administration, $78,499,000, to remain available

until expended.

ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

Appropriations under this Act for the current fiscal year shall

be available for hire of passenger motor vehicles; hire, maintenance,

and operation of aircraft; purchase, repair, and cleaning of uniforms; and reimbursement to the General Services Administration

for security guard services.

From appropriations under this Act, transfers of sums may be

made to other agencies of the Government for the performance of

work for which the appropriation is made.

None of the funds made available to the Department of Energy

under this Act shall be used to implement or finance authorized

price support or loan guarantee programs unless specific provision

is made for such programs in an appropriations Act.

The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and

to prosecute projects in cooperation with other agencies, Federal,

State, private or foreign: Provided, That revenues and other moneys

received by or for the account of the Department of Energy or otherwise generated by sale of products in connection with projects of the

Department appropriated under this Act may be retained by the

Secretary of Energy, to be available until expended, and used only

for plant construction, operation, costs, and payments to cost-sharing entities as provided in appropriate cost-sharing contracts or

agreements: Provided further, That the remainder of revenues after

the making of such payments shall be covered into the Treasury as

miscellaneous receipts: Provided further, That any contract, agreement, or provision thereof entered into by the Secretary pursuant to

this authority shall not be executed prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) from the receipt by the Speaker of the

House of Representatives and the President of the Senate of a full

comprehensive report on such project, including the facts and circumstances relied upon in support of the proposed project.

No funds provided in this Act may be expended by the Department of Energy to prepare, issue, or process procurement documents

for programs or projects for which appropriations have not been

made.

In addition to other authorities set forth in this Act, the Secretary may accept fees and contributions from public and private

sources, to be deposited in a contributed funds account, and prosecute projects using such fees and contributions in cooperation with

other Federal, State or private agencies or concerns.

44

DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health

Care Improvement Act, and titles II and III of the Public Health

Service Act with respect to the Indian Health Service,

$2,389,614,000, together with payments received during the fiscal

year pursuant to 42 U.S.C. 238(b) for services furnished by the Indian Health Service: Provided, That funds made available to tribes

and tribal organizations through contracts, grant agreements, or

any other agreements or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450),

shall be deemed to be obligated at the time of the grant or contract

award and thereafter shall remain available to the tribe or tribal

organization without fiscal year limitation: Provided further, That

$15,000,000 shall remain available until expended, for the Indian

Catastrophic Health Emergency Fund: Provided further, That

$445,776,000 for contract medical care shall remain available for

obligation until September 30, 2003: Provided further, That of the

funds provided, up to $22,000,000 shall be used to carry out the

loan repayment program under section 108 of the Indian Health

Care Improvement Act: Provided further, That funds provided in

this Act may be used for 1-year contracts and grants which are to

be performed in 2 fiscal years, so long as the total obligation is recorded in the year for which the funds are appropriated: Provided

further, That the amounts collected by the Secretary of Health and

Human Services under the authority of title IV of the Indian Health

Care Improvement Act shall remain available until expended for the

purpose of achieving compliance with the applicable conditions and

requirements of titles XVIII and XIX of the Social Security Act (exclusive of planning, design, or construction of new facilities): Provided further, That funding contained herein, and in any earlier appropriations Acts for scholarship programs under the Indian Health

Care Improvement Act (25 U.S.C. 1613) shall remain available for

obligation until September 30, 2003: Provided further, That

amounts received by tribes and tribal organizations under title IV

of the Indian Health Care Improvement Act shall be reported and

accounted for and available to the receiving tribes and tribal organizations until expended: Provided further, That, notwithstanding

any other provision of law, of the amounts provided herein, not to

exceed $268,234,000 shall be for payments to tribes and tribal organizations for contract or grant support costs associated with contracts, grants, self-governance compacts or annual funding agreements between the Indian Health Service and a tribe or tribal organization pursuant to the Indian Self-Determination Act of 1975, as

amended, prior to or during fiscal year 2002, of which not to exceed

$20,000,000 may be used for contract support costs associated with

new or expanded self-determination contracts, grants, self-governance compacts or annual funding agreements: Provided further,

That funds available for the Indian Health Care Improvement Fund

may be used, as needed, to carry out activities typically funded

under the Indian Health Facilities account.

45

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters

for personnel; preparation of plans, specifications, and drawings;

acquisition of sites, purchase and erection of modular buildings,

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, and the Indian Health Care Improvement Act, and

for expenses necessary to carry out such Acts and titles II and III

of the Public Health Service Act with respect to environmental

health and facilities support activities of the Indian Health Service,

$369,487,000, to remain available until expended: Provided, That

notwithstanding any other provision of law, funds appropriated for

the planning, design, construction or renovation of health facilities

for the benefit of an Indian tribe or tribes may be used to purchase

land for sites to construct, improve, or enlarge health or related facilities: Provided further, That from the funds appropriated herein,

$5,000,000 shall be designated by the Indian Health Service as a

contribution to the Yukon-Kuskokwim Health Corporation (YKHC)

to continue a priority project for the acquisition of land, planning,

design and construction of 79 staff quarters in the Bethel service

area, pursuant to the negotiated project agreement between the

YKHC and the Indian Health Service: Provided further, That this

project shall not be subject to the construction provisions of the Indian Self-Determination and Education Assistance Act and shall be

removed from the Indian Health Service priority list upon completion: Provided further, That the Federal Government shall not be

liable for any property damages or other construction claims that

may arise from YKHC undertaking this project: Provided further,

That the land shall be owned or leased by the YKHC and title to

quarters shall remain vested with the YKHC: Provided further,

That $5,000,000 shall remain available until expended for the purpose of funding up to two joint venture health care facility projects

authorized under the Indian Health Care Improvement Act, as

amended: Provided further, That priority, by rank order, shall be

given to tribes with outpatient projects on the existing Indian

Health Services priority list that have Service-approved planning

documents, and can demonstrate by March 1, 2002, the financial

capability necessary to provide an appropriate facility: Provided further, That joint venture funds unallocated after March 1, 2002,

shall be made available for joint venture projects on a competitive

basis giving priority to tribes that currently have no existing Federally-owned health care facility, have planning documents meeting

Indian Health Service requirements prepared for approval by the

Service and can demonstrate the financial capability needed to provide an appropriate facility: Provided further, That the Indian

Health Service shall request additional staffing, operation and

maintenance funds for these facilities in future budget requests: Provided further, That not to exceed $500,000 shall be used by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service

and tribal facilities: Provided further, That not to exceed $500,000

shall be used by the Indian Health Service to obtain ambulances for

46

the Indian Health Service and tribal facilities in conjunction with

an existing interagency agreement between the Indian Health Service and the General Services Administration: Provided further, That

not to exceed $500,000 shall be placed in a Demolition Fund, available until expended, to be used by the Indian Health Service for

demolition of Federal buildings: Provided further, That notwithstanding the provisions of title III, section 306, of the Indian Health

Care Improvement Act (Public Law 94–437, as amended), construction contracts authorized under title I of the Indian Self-Determination and Education Assistance Act of 1975, as amended, may be

used rather than grants to fund small ambulatory facility construction projects: Provided further, That if a contract is used, the IHS

is authorized to improve municipal, private, or tribal lands, and

that at no time, during construction or after completion of the

project will the Federal Government have any rights or title to any

real or personal property acquired as a part of the contract: Provided further, That notwithstanding any other provision of law or

regulation, for purposes of acquiring sites for a new clinic and staff

quarters in St. Paul Island, Alaska, the Secretary of Health and

Human Services may accept land donated by the Tanadgusix Corporation.

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations in this Act to the Indian Health Service shall be

available for services as authorized by 5 U.S.C. 3109 but at rates

not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376; hire of passenger

motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of modular

buildings and renovation of existing facilities; payments for telephone service in private residences in the field, when authorized

under regulations approved by the Secretary; and for uniforms or

allowances therefore as authorized by 5 U.S.C. 5901–5902; and for

expenses of attendance at meetings which are concerned with the

functions or activities for which the appropriation is made or which

will contribute to improved conduct, supervision, or management of

those functions or activities.

In accordance with the provisions of the Indian Health Care

Improvement Act, non-Indian patients may be extended health care

at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under

the Federal Medical Care Recovery Act (42 U.S.C. 2651–2653) shall

be credited to the account of the facility providing the service and

shall be available without fiscal year limitation. Notwithstanding

any other law or regulation, funds transferred from the Department

of Housing and Urban Development to the Indian Health Service

shall be administered under Public Law 86–121 (the Indian Sanitation Facilities Act) and Public Law 93–638, as amended.

Funds appropriated to the Indian Health Service in this Act,

except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation.

Notwithstanding any other provision of law, funds previously or

herein made available to a tribe or tribal organization through a

contract, grant, or agreement authorized by title I or title III of the

47

Indian Self-Determination and Education Assistance Act of 1975

(25 U.S.C. 450), may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement

under title III of such Act and thereafter shall remain available to

the tribe or tribal organization without fiscal year limitation.

None of the funds made available to the Indian Health Service

in this Act shall be used to implement the final rule published in

the Federal Register on September 16, 1987, by the Department of

Health and Human Services, relating to the eligibility for the health

care services of the Indian Health Service until the Indian Health

Service has submitted a budget request reflecting the increased costs

associated with the proposed final rule, and such request has been

included in an appropriations Act and enacted into law.

Funds made available in this Act are to be apportioned to the

Indian Health Service as appropriated in this Act, and accounted

for in the appropriation structure set forth in this Act.

With respect to functions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities, on a reimbursable basis, including payment in advance with subsequent adjustment. The reimbursements received therefrom, along with the

funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account which provided the funding. Such amounts shall remain available until expended.

Reimbursements for training, technical assistance, or services

provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead associated with the

provision of goods, services, or technical assistance.

The appropriation structure for the Indian Health Service may

not be altered without advance approval of the House and Senate

Committees on Appropriations.

OTHER RELATED AGENCIES

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian

Relocation as authorized by Public Law 93–531, $15,148,000, to remain available until expended: Provided, That funds provided in

this or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopipartitioned 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 resiVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00047 Fmt 6659 Sfmt 6603 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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dence off the Navajo reservation or on the land acquired pursuant

to 25 U.S.C. 640d–10.

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska

Native Culture and Arts Development, as authorized by title XV of

Public Law 99–498, as amended (20 U.S.C. 56 part A), $4,490,000.

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and

history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances;

collection, preparation, dissemination, and exchange of information

and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease (for

terms not to exceed 30 years), and protection of buildings, facilities,

and approaches; not to exceed $100,000 for services as authorized

by 5 U.S.C. 3109; up to five replacement passenger vehicles; purchase, rental, repair, and cleaning of uniforms for employees,

$399,253,000, of which not to exceed $37,508,000 for the instrumentation program, collections acquisition, exhibition reinstallation, the

National Museum of the American Indian, and the repatriation of

skeletal remains program shall remain available until expended,

and including such funds as may be necessary to support American

overseas research centers and a total of $125,000 for the Council of

American Overseas Research Centers: Provided, That funds appropriated herein are available for advance payments to independent

contractors performing research services or participating in official

Smithsonian presentations: Provided further, That the Smithsonian

Institution may expend Federal appropriations designated in this

Act for lease or rent payments for long term and swing space, as

rent payable to the Smithsonian Institution, and such rent payments may be deposited into the general trust funds of the Institution to the extent that federally supported activities are housed in

the 900 H Street, N.W. building in the District of Columbia: Provided further, That this use of Federal appropriations shall not be

construed as debt service, a Federal guarantee of, a transfer of risk

to, or an obligation of, the Federal Government: Provided further,

That no appropriated funds may be used to service debt which is

incurred to finance the costs of acquiring the 900 H Street building

or of planning, designing, and constructing improvements to such

building.

REPAIR, RESTORATION AND ALTERATION OF FACILITIES

For necessary expenses of maintenance, repair, restoration, and

alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act

of August 22, 1949 (63 Stat. 623), including not to exceed $10,000

for services as authorized by 5 U.S.C. 3109, $67,900,000, to remain

49

available until expended, of which $10,000,000 is provided for

maintenance, repair, rehabilitation and alteration of facilities at the

National Zoological Park: Provided, That contracts awarded for environmental systems, protection systems, and repair or restoration of

facilities of the Smithsonian Institution may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price.

CONSTRUCTION

For necessary expenses for construction, $30,000,000, to remain

available until expended.

ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

None of the funds in this or any other Act may be used to make

any changes to the existing Smithsonian science programs including

closure of facilities, relocation of staff or redirection of functions and

programs without approval by the Board of Regents of recommendations received from the Science Commission.

None of the funds in this or any other Act may be used to initiate the design for any proposed expansion of current space or new

facility without consultation with the House and Senate Appropriations Committees.

None of the funds in this or any other Act may be used for the

Holt House located at the National Zoological Park in Washington,

D.C., unless identified as repairs to minimize water damage, monitor structure movement, or provide interim structural support.

None of the funds available to the Smithsonian may be reprogrammed without the advance written approval of the House and

Senate Committees on Appropriations in accordance with the procedures contained in House Report No. 105–163.

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art,

the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24,

1937 (50 Stat. 51), as amended by the public resolution of April 13,

1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library,

museum, and art associations or societies whose publications or

services are available to members only, or to members at a price

lower than to the general public; purchase, repair, and cleaning of

uniforms for guards, and uniforms, or allowances therefor, for other

employees as authorized by law (5 U.S.C. 5901–5902); purchase or

rental of devices and services for protecting buildings and contents

thereof, and maintenance, alteration, improvement, and repair of

buildings, approaches, and grounds; and purchase of services for

restoration and repair of works of art for the National Gallery of

Art by contracts made, without advertising, with individuals, firms,

or organizations at such rates or prices and under such terms and

conditions as the Gallery may deem proper, $68,967,000, of which

not to exceed $3,026,000 for the special exhibition program shall remain available until expended.

50

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation of

buildings, grounds and facilities owned or occupied by the National

Gallery of Art, by contract or otherwise, as authorized, $14,220,000,

to remain available until expended: Provided, That contracts

awarded for environmental systems, protection systems, and exterior

repair or renovation of buildings of the National Gallery of Art may

be negotiated with selected contractors and awarded on the basis of

contractor qualifications as well as price.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

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

$15,000,000.

CONSTRUCTION

For necessary expenses for capital repair and restoration of the

existing features of the building and site of the John F. Kennedy

Center for the Performing Arts, $19,000,000, to remain available

until expended.

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including

hire of passenger vehicles and services as authorized by 5 U.S.C.

3109, $7,796,000.

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation on

the Arts and the Humanities Act of 1965, as amended, $98,234,000,

shall be available to the National Endowment for the Arts for the

support of projects and productions in the arts through assistance

to organizations and individuals pursuant to sections 5(c) and 5(g)

of the Act, for program support, and for administering the functions

of the Act, to remain available until expended: Provided, That funds

previously appropriated to the National Endowment for the Arts

‘‘Matching Grants’’ account may be transferred to and merged with

this account.

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation on

the Arts and the Humanities Act of 1965, as amended,

$108,382,000, shall be available to the National Endowment for the

Humanities for support of activities in the humanities, pursuant to

51

section 7(c) of the Act, and for administering the functions of the

Act, to remain available until expended.

MATCHING GRANTS

To carry out the provisions of section 10(a)(2) of the National

Foundation on the Arts and the Humanities Act of 1965, as amended, $16,122,000, to remain available until expended, of which

$12,122,000 shall be available to the National Endowment for the

Humanities for the purposes of section 7(h): Provided, That this appropriation shall be available for obligation only in such amounts

as may be equal to the total amounts of gifts, bequests, and devises

of money, and other property accepted by the chairman or by grantees of the Endowment under the provisions of subsections

11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal

years for which equal amounts have not previously been appropriated.

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM SERVICES

GRANTS AND ADMINISTRATION

For carrying out subtitle C of the Museum and Library Services

Act of 1996, as amended, $26,899,000, to remain available until expended.

CHALLENGE AMERICA ARTS FUND

CHALLENGE AMERICA GRANTS

For necessary expenses as authorized by Public Law 89–209, as

amended, $17,000,000, for support for arts education and public

outreach activities to be administered by the National Endowment

for the Arts, to remain available until expended.

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation on

the Arts and the Humanities may be used to process any grant or

contract documents which do not include the text of 18 U.S.C. 1913:

Provided, That none of the funds appropriated to the National

Foundation on the Arts and the Humanities may be used for official

reception and representation expenses: Provided further, That funds

from nonappropriated sources may be used as necessary for official

reception and representation expenses.

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $1,224,000: Provided, That the

Commission is authorized to charge fees to cover the full costs of its

publications, and such fees shall be credited to this account as an

offsetting collection, to remain available until expended without further appropriation.

52

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190 (20

U.S.C. 956(a)), as amended, $7,000,000.

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic

Preservation (Public Law 89–665, as amended), $3,400,000: Provided, That none of these funds shall be available for compensation

of level V of the Executive Schedule or higher positions.

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital

Planning Act of 1952 (40 U.S.C. 71–71i), including services as authorized by 5 U.S.C. 3109, $7,253,000: Provided, That all appointed

members of the Commission will be compensated at a rate not to exceed the daily equivalent of the annual rate of pay for positions at

level IV of the Executive Schedule for each day such member is engaged in the actual performance of duties.

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized

by Public Law 106–292 (36 U.S.C. 2301–2310), $36,028,000, of

which $1,900,000 for the museum’s repair and rehabilitation program and $1,264,000 for the museum’s exhibitions program shall

remain available until expended.

PRESIDIO TRUST

PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus Parks

and Public Lands Management Act of 1996, $23,125,000 shall be

available to the Presidio Trust, to remain available until expended.

TITLE III—GENERAL PROVISIONS

SEC. 301. The expenditure of any appropriation under this Act

for any consulting service through procurement contract, pursuant

to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or

under existing Executive Order issued pursuant to existing law.

SEC. 302. No part of any appropriation contained in this Act

shall be available for any activity or the publication or distribution

of literature that in any way tends to promote public support or opposition to any legislative proposal on which congressional action is

not complete.

SEC. 303. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

53

SEC. 304. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal

cook, chauffeur, or other personal servants to any officer or employee

of such department or agency except as otherwise provided by law.

SEC. 305. No assessments may be levied against any program,

budget activity, subactivity, or project funded by this Act unless advance notice of such assessments and the basis therefor are presented to the Committees on Appropriations and are approved by

such committees.

SEC. 306. None of the funds in this Act may be used to plan,

prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National

Forest System or Bureau of Land Management lands in a manner

different than such sales were conducted in fiscal year 2001.

SEC. 307. None of the funds made available by this Act may be

obligated or expended by the National Park Service to enter into or

implement a concession contract which permits or requires the removal of the underground lunchroom at the Carlsbad Caverns National Park.

SEC. 308. None of the funds made available in this Act may be

used: (1) to demolish the bridge between Jersey City, New Jersey,

and Ellis Island; or (2) to prevent pedestrian use of such bridge,

when such pedestrian use is consistent with generally accepted safety standards.

SEC. 309. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall be

obligated or expended to accept or process applications for a patent

for any mining or mill site claim located under the general mining

laws.

(b) EXCEPTIONS.—The provisions of subsection (a) shall not

apply if the Secretary of the Interior determines that, for the claim

concerned: (1) a patent application was filed with the Secretary on

or before September 30, 1994; and (2) all requirements established

under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29

and 30) for vein or lode claims and sections 2329, 2330, 2331, and

2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer

claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for

mill site claims, as the case may be, were fully complied with by the

applicant by that date.

(c) REPORT.—On September 30, 2002, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the

Senate a report on actions taken by the Department under the plan

submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (Public Law

104–208).

(d) MINERAL EXAMINATIONS.—In order to process patent applications in a timely and responsible manner, upon the request of a

patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the

Bureau of Land Management to conduct a mineral examination of

the mining claims or mill sites contained in a patent application as

set forth in subsection (b). The Bureau of Land Management shall

have the sole responsibility to choose and pay the third-party conVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00053 Fmt 6659 Sfmt 6603 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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tractor in accordance with the standard procedures employed by the

Bureau of Land Management in the retention of third-party contractors.

SEC. 310. Notwithstanding any other provision of law, amounts

appropriated to or earmarked in committee reports for the Bureau

of Indian Affairs and the Indian Health Service by Public Laws

103–138, 103–332, 104–134, 104–208, 105–83, 105–277, 106–113,

and 106–291 for payments to tribes and tribal organizations for

contract support costs associated with self-determination or self-governance contracts, grants, compacts, or annual funding agreements

with the Bureau of Indian Affairs or the Indian Health Service as

funded by such Acts, are the total amounts available for fiscal years

1994 through 2001 for such purposes, except that, for the Bureau of

Indian Affairs, tribes and tribal organizations may use their tribal

priority allocations for unmet indirect costs of ongoing contracts,

grants, self-governance compacts or annual funding agreements.

SEC. 311. Notwithstanding any other provision of law, for fiscal

year 2002 the Secretaries of Agriculture and the Interior are authorized to limit competition for watershed restoration project contracts

as part of the ‘‘Jobs in the Woods’’ Program established in Region

10 of the Forest Service to individuals and entities in historically

timber-dependent areas in the States of Washington, Oregon, northern California and Alaska that have been affected by reduced timber harvesting on Federal lands. The Secretaries shall consider the

benefits to the local economy in evaluating bids and designing procurements which create economic opportunities for local contractors.

SEC. 312. (a) RECREATIONAL FEE DEMONSTRATION PROGRAM.—

Subsection (f) of section 315 of the Department of the Interior and

Related Agencies Appropriations Act, 1996 (as contained in section

101(c) of Public Law 104–134; 110 Stat. 1321–200; 16 U.S.C. 460l–

6a note), is amended—

(1) by striking ‘‘commence on October 1, 1995, and end on

September 30, 2002’’ and inserting ‘‘end on September 30,

2004’’; and

(2) by striking ‘‘September 30, 2005’’ and inserting ‘‘September 30, 2007’’.

(b) EXPANSION OF PROGRAM.—Subsection (b) of such section is

amended by striking ‘‘no fewer than 10, but as many as 100,’’.

(c) REVENUE SHARING.—Subsection (d)(1) of such section is

amended by inserting ‘‘the Secure Rural Schools and Community

Self-Determination Act of 2000 (Public Law 106–393; 16 U.S.C. 500

note),’’ before ‘‘and any other provision’’.

(d) DISCOUNTED FEES.—Subsection (b)(2) of such section is

amended by inserting after ‘‘testing’’ the following: ‘‘, including the

provision of discounted or free admission or use as the Secretary

considers appropriate’’.

(e) CAPITAL PROJECTS.—Subsection (c)(2) of such section is

amended by adding at the end the following new subparagraph:

‘‘(D) None of the funds collected under this section may be used

to plan, design, or construct a visitor center or any other permanent

structure without prior approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate if the estimated total cost of the structure exceeds $500,000.’’.

55

SEC. 313. None of the funds made available in this or any other

Act for any fiscal year may be used to designate, or to post any sign

designating, any portion of Canaveral National Seashore in

Brevard County, Florida, as a clothing-optional area or as an area

in which public nudity is permitted, if such designation would be

contrary to county ordinance.

SEC. 314. Of the funds provided to the National Endowment for

the Arts—

(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American

Jazz Masters Fellowship.

(2) The Chairperson shall establish procedures to ensure

that no funding provided through a grant, except a grant made

to a State or local arts agency, or regional group, may be used

to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing

in this subsection shall prohibit payments made in exchange for

goods and services.

(3) No grant shall be used for seasonal support to a group,

unless the application is specific to the contents of the season,

including identified programs and/or projects.

SEC. 315. The National Endowment for the Arts and the National Endowment for the Humanities are authorized to solicit, accept, receive, and invest in the name of the United States, gifts, bequests, or devises of money and other property or services and to use

such in furtherance of the functions of the National Endowment for

the Arts and the National Endowment for the Humanities. Any proceeds from such gifts, bequests, or devises, after acceptance by the

National Endowment for the Arts or the National Endowment for

the Humanities, shall be paid by the donor or the representative of

the donor to the Chairman. The Chairman shall enter the proceeds

in a special interest-bearing account to the credit of the appropriate

endowment for the purposes specified in each case.

SEC. 316. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that

priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve

underserved populations.

(b) In this section:

(1) The term ‘‘underserved population’’ means a population

of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs

due to factors such as a high incidence of income below the poverty line or to geographic isolation.

(2) The term ‘‘poverty line’’ means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community

Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a

family of the size involved.

(c) In providing services and awarding financial assistance

under the National Foundation on the Arts and Humanities Act of

1965 with funds appropriated by this Act, the Chairperson of the

56

National Endowment for the Arts shall ensure that priority is given

to providing services or awarding financial assistance for projects,

productions, workshops, or programs that will encourage public

knowledge, education, understanding, and appreciation of the arts.

(d) With funds appropriated by this Act to carry out section 5

of the National Foundation on the Arts and Humanities Act of

1965— (1) the Chairperson shall establish a grant category for

projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States;

(2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1);

(3) the Chairperson shall report to the Congress annually

and by State, on grants awarded by the Chairperson in each

grant category under section 5 of such Act; and

(4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and

education.

SEC. 317. No part of any appropriation contained in this Act

shall be expended or obligated to complete and issue the 5-year program under the Forest and Rangeland Renewable Resources Planning Act.

SEC. 318. None of the funds in this Act may be used to support

Government-wide administrative functions unless such functions

are justified in the budget process and funding is approved by the

House and Senate Committees on Appropriations.

SEC. 319. Notwithstanding any other provision of law, none of

the funds in this Act may be used for GSA Telecommunication Centers.

SEC. 320. None of the funds in this Act may be used for planning, design or construction of improvements to Pennsylvania Avenue in front of the White House without the advance approval of the

House and Senate Committees on Appropriations.

SEC. 321. Amounts deposited during fiscal year 2001 in the

roads and trails fund provided for in the 14th paragraph under the

heading ‘‘FOREST SERVICE’’ of the Act of March 4, 1913 (37 Stat.

843; 16 U.S.C. 501), shall be used by the Secretary of Agriculture,

without regard to the State in which the amounts were derived, to

repair or reconstruct roads, bridges, and trails on National Forest

System lands or to carry out and administer projects to improve forest health conditions, which may include the repair or reconstruction of roads, bridges, and trails on National Forest System lands

in the wildland-community interface where there is an abnormally

high risk of fire. The projects shall emphasize reducing risks to

human safety and public health and property and enhancing ecological functions, long-term forest productivity, and biological integrity. The projects may be completed in a subsequent fiscal year.

Funds shall not be expended under this section to replace funds

which would otherwise appropriately be expended from the timber

salvage sale fund. Nothing in this section shall be construed to exempt any project from any environmental law.

SEC. 322. Other than in emergency situations, none of the funds

in this Act may be used to operate telephone answering machines

during core business hours unless such answering machines include

57

an option that enables callers to reach promptly an individual onduty with the agency being contacted.

SEC. 323. No timber sale in Region 10 shall be advertised if the

indicated rate is deficit when appraised under the transaction evidence appraisal system using domestic Alaska values for western

red cedar: Provided, That sales which are deficit when appraised

under the transaction evidence appraisal system using domestic

Alaska values for western red cedar may be advertised upon receipt

of a written request by a prospective, informed bidder, who has the

opportunity to review the Forest Service’s cruise and harvest cost estimate for that timber. Program accomplishments shall be based on

volume sold. Should Region 10 sell, in fiscal year 2002, the annual

average portion of the decadal allowable sale quantity called for in

the current Tongass Land Management Plan in sales which are not

deficit when appraised under the transaction evidence appraisal

system using domestic Alaska values for western red cedar, all of

the western red cedar timber from those sales which is surplus to

the needs of domestic processors in Alaska, shall be made available

to domestic processors in the contiguous 48 United States at prevailing domestic prices. Should Region 10 sell, in fiscal year 2002,

less than the annual average portion of the decadal allowable sale

quantity called for in the current Tongass Land Management Plan

in sales which are not deficit when appraised under the transaction

evidence appraisal system using domestic Alaska values for western

red cedar, the volume of western red cedar timber available to domestic processors at prevailing domestic prices in the contiguous 48

United States shall be that volume: (i) which is surplus to the needs

of domestic processors in Alaska; and (ii) is that percent of the surplus western red cedar volume determined by calculating the ratio

of the total timber volume which has been sold on the Tongass to

the annual average portion of the decadal allowable sale quantity

called for in the current Tongass Land Management Plan. The percentage shall be calculated by Region 10 on a rolling basis as each

sale is sold (for purposes of this amendment, a ‘‘rolling basis’’ shall

mean that the determination of how much western red cedar is eligible for sale to various markets shall be made at the time each sale

is awarded). Western red cedar shall be deemed ‘‘surplus to the

needs of domestic processors in Alaska’’ when the timber sale holder

has presented to the Forest Service documentation of the inability

to sell western red cedar logs from a given sale to domestic Alaska

processors at price equal to or greater than the log selling value

stated in the contract. All additional western red cedar volume not

sold to Alaska or contiguous 48 United States domestic processors

may be exported to foreign markets at the election of the timber sale

holder. All Alaska yellow cedar may be sold at prevailing export

prices at the election of the timber sale holder.

SEC. 324. The Forest Service, in consultation with the Department of Labor, shall review Forest Service campground concessions

policy to determine if modifications can be made to Forest Service

contracts for campgrounds so that such concessions fall within the

regulatory exemption of 29 CFR 4.122(b). The Forest Service shall

offer in fiscal year 2002 such concession prospectuses under the regulatory exemption, except that, any prospectus that does not meet

the requirements of the regulatory exemption shall be offered as a

58

service contract in accordance with the requirements of 41 U.S.C.

351–358.

SEC. 325. A project undertaken by the Forest Service under the

Recreation Fee Demonstration Program as authorized by section 315

of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1996, as amended, shall not result in— (1) displacement of the holder of an authorization to provide commercial recreation services on Federal lands. Prior to

initiating any project, the Secretary shall consult with potentially affected holders to determine what impacts the project

may have on the holders. Any modifications to the authorization shall be made within the terms and conditions of the authorization and authorities of the impacted agency.

(2) the return of a commercial recreation service to the Secretary for operation when such services have been provided in

the past by a private sector provider, except when— (A) the private sector provider fails to bid on such opportunities;

(B) the private sector provider terminates its relationship with the agency; or

(C) the agency revokes the permit for non-compliance

with the terms and conditions of the authorization.

In such cases, the agency may use the Recreation Fee Demonstration Program to provide for operations until a subsequent operator can be found through the offering of a new prospectus.

SEC. 326. For fiscal years 2002 and 2003, the Secretary of Agriculture is authorized to limit competition for fire and fuel treatment

and watershed restoration contracts in the Giant Sequoia National

Monument and the Sequoia National Forest. Preference for employment shall be given to dislocated and displaced workers in Tulare,

Kern and Fresno Counties, California, for work associated with the

establishment of the Giant Sequoia National Monument.

SEC. 327. REVISION OF FOREST PLANS. Prior to October 1, 2002,

the Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely

because more than 15 years have passed without revision of the

plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest

and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600

et seq.) or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available,

to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper

jurisdiction may order completion of the plan on an accelerated

basis.

SEC. 328. Until September 30, 2003, the authority of the Secretary of Agriculture to enter into a cooperative agreement under the

first section of Public Law 94–148 (16 U.S.C. 565a–1) for a purpose

described in such section includes the authority to use that legal instrument when the principal purpose of the resulting relationship is

to the mutually significant benefit of the Forest Service and the

other party or parties to the agreement, including nonprofit entities.

SEC. 329. (a) PILOT PROGRAM AUTHORIZING CONVEYANCE OF

EXCESS FOREST SERVICE STRUCTURES.—The Secretary of AgriVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00058 Fmt 6659 Sfmt 6603 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
59

culture may convey, by sale or exchange, any or all right, title, and

interest of the United States in and to excess buildings and other

structures located on National Forest System lands and under the

jurisdiction of the Forest Service. The conveyance may include the

land on which the building or other structure is located and such

other land immediately adjacent to the building or structure as the

Secretary considers necessary.

(b) LIMITATION.—Conveyances on not more than 10 sites may be

made under the authority of this section, and the Secretary of Agriculture shall obtain the concurrence of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate in advance of each conveyance.

(c) USE OF PROCEEDS.—The proceeds derived from the sale of

a building or other structure under this section shall be retained by

the Secretary of Agriculture and shall be available to the Secretary,

without further appropriation until expended, for maintenance and

rehabilitation activities within the Forest Service Region in which

the building or structure is located.

(d) DURATION OF AUTHORITY.—The authority provided by this

section expires on September 30, 2005.

SEC. 330. Section 323(a) of the Department of the Interior and

Related Agencies Appropriations Act, 1999, as included in Public

Law 105–277, Div. A, section 101(e) is amended by inserting ‘‘and

fiscal years 2002 through 2005,’’ before ‘‘to the extent funds are otherwise available’’. SEC. 331. No funds provided in this Act may be expended to

conduct preleasing, leasing and related activities under either the

Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of

June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on

January 20, 2001, except where such activities are allowed under

the Presidential proclamation establishing such monument.

SEC. 332. Section 347(a) of the Department of the Interior and

Related Agencies Appropriations Act, 1999, as included in Public

Law 105–277, is amended by striking ‘‘2002’’ and inserting ‘‘2004’’.

The authority to enter into stewardship and end result contracts

provided to the Forest Service in accordance with section 347 of title

III of section 101(e) of division A of Public Law 105–277 is hereby

expanded to authorize the Forest Service to enter into an additional

28 contracts subject to the same terms and conditions as provided

in that section: Provided, That of the additional contracts authorized by this section at least 9 shall be allocated to Region 1 and at

least 3 to Region 6.

SEC. 333. Any regulations or policies promulgated or adopted

by the Departments of Agriculture or the Interior regarding recovery

of costs for processing authorizations to occupy and use Federal

lands under their control shall adhere to and incorporate the following principle arising from Office of Management and Budget

Circular, A–25; no charge should be made for a service when the

identification of the specific beneficiary is obscure, and the service

can be considered primarily as benefiting broadly the general public.

SEC. 334. The Chief of the Forest Service shall issue a special

use permit for the Sioux Charlie Cabin within the boundary of the

60

Custer National Forest, Montana, to Montana State University-Billings, for a term of 20 years for educational purposes compatible

with the cabin’s location. The permit shall be administered under

normal national forest system authorities and regulations, with an

additional review after 10 years to ensure the facility is being used

for educational purposes.

SEC. 335. Section 551(c) of the Land Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll–61(c)) is amended by striking ‘‘2002’’ and inserting ‘‘2004’’. SEC. 336. MODIFICATION TO STEEL LOAN GUARANTEE PROGRAM. (a) IN GENERAL.—Section 101 of the Emergency Steel Loan Guarantee Act of 1999 (Public Law 106–51; 15 U.S.C. 1841 note) is

amended as follows:

(1) TERMS AND CONDITIONS.—Subsection (h) is amended— (A) in paragraph (1), by striking ‘‘2005’’ and inserting ‘‘2015’’; and

(B) by amending paragraph (4) to read as follows: ‘‘(4) GUARANTEE LEVEL.— ‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), any loan guarantee provided under this

section shall not exceed 85 percent of the amount of principal of the loan. ‘‘(B) INCREASED LEVEL ONE.—A loan guarantee may be

provided under this section in excess of 85 percent, but not

more than 90 percent, of the amount of principal of the

loan, if—

‘‘(i) the aggregate amount of loans guaranteed at

such percentage and outstanding under this section at

any one time does not exceed $100,000,000; and ‘‘(ii) the aggregate amount of loans guaranteed at

such percentage under this section with respect to a

single qualified steel company does not exceed

$50,000,000.

‘‘(C) INCREASED LEVEL TWO.—A loan guarantee may be

provided under this section in excess of 85 percent, but not

more than 95 percent, of the amount of principal of the

loan, if—

‘‘(i) the aggregate amount of loans guaranteed at

such percentage and outstanding under this section at

any one time does not exceed $100,000,000; and

‘‘(ii) the aggregate amount of loans guaranteed at

such percentage under this section with respect to a

single qualified steel company does not exceed

$50,000,000.’’.

(2) TERMINATION OF GUARANTEE AUTHORITY.—Subsection

(k) is amended by striking ‘‘2001’’ and inserting ‘‘2003’’.

(b) APPLICABILITY.—The amendments made by this section shall

apply only with respect to any guarantee issued on or after the date

of the enactment of this Act.

61

This Act may be cited as the ‘‘Department of the Interior and

Related Agencies Appropriations Act, 2002’’. And the Senate agree to the same.

JOE SKEEN, RALPH REGULA, JIM KOLBE, CHARLES H. TAYLOR, GEORGE R. NETHERCUTT, Jr.,

ZACH WAMP, JACK KINGSTON, JOHN E. PETERSON, BILL YOUNG, NORMAN D. DICKS, JOHN P. MURTHA, JAMES P. MORAN, MAURICE HINCHEY, MARTIN OLAV SABO, DAVID OBEY, Managers on the Part of the House.

ROBERT BYRD,

PATRICK LEAHY,

ERNEST F. HOLLINGS,

HARRY REID,

BYRON L. DORGAN,

DIANNE FEINSTEIN,

PATTY MURRAY,

DANIEL K. INOUYE,

CONRAD BURNS,

TED STEVENS,

THAD COCHRAN,

PETE V. DOMENICI,

ROBERT F. BENNETT,

JUDD GREGG,

BEN NIGHTHORSE CAMPBELL,

Managers on the Part of the Senate.

(63)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 2217), making appropriations for the Department of the Interior and Related Agencies

for the fiscal year ending September 30, 2002, and for other purposes, submit the following joint statement to the House and the

Senate in explanation of the effect of the action agreed upon by the

managers and recommended in the accompanying conference report.

The conference agreement on H.R. 2217 incorporates some of

the provisions of both the House and the Senate versions of the

bill. Report language and allocations set forth in either House Report 107–103 or Senate Report 107–36 that are not changed by the

conference are approved by the committee of conference. The statement of the managers, while repeating some report language for

emphasis, does not negate the language referenced above unless expressly provided herein.

REPROGRAMMING GUIDELINES

The Interior and Related Agencies Appropriations reprogramming guidelines were last published in the House and Senate reports accompanying the FY 1998 Interior and Related Agencies Appropriations Act (H. Rep. 105–163, S. Rep. 105–56). While the managers have agreed to only one minor change to these guidelines for

the National Park Service (addressed under the land acquisition

and State assistance account), recent dealings with several agencies suggest that the following clarifications are needed to prevent

any future misunderstandings regarding the applicability of reprogramming procedures in certain situations.

Though a reprogramming is in part defined in the guidelines

as a reallocation of funds from one budget activity (or other applicable level of detail) to another, the guidelines also state that any

significant departure from the program described in the agency’s

budget justification shall be considered a reprogramming. This latter portion of the definition encompasses the reallocation of funds

within a budget activity, if such reallocation represents a ‘‘significant departure’’ from the description provided in the relevant budget justification. In this regard, the managers would view as a ‘‘significant departure’’ any reallocation of funds within a budget activity for programs or contracts involving out-year mortgages that are

not discussed in detail in the budget justification. Multi-year and

no-year funds do not lose their program identities when carried

over to subsequent years and a reprogramming is required if such

carry-over funds are to be used for purposes other than those originally directed.

64

CONSERVATION SPENDING CATEGORY

The conservation spending category created in title VIII of the

fiscal year 2001 Interior and Related Agencies Appropriations Act,

provided that up to $1,320,000,000 could be appropriated for conservation related activities, in addition to ongoing activities funded

in this bill. The conference agreement fully funds the conservation

spending category at $1,320,000,000. The distribution of funds as

agreed to by the managers is shown in the table below.

SUMMARY OF CONSERVATION SPENDING CATEGORY

[In thousands of dollars]

Subcategory/appropriation account Budget request House Senate Conference

Federal, State and Other LWCF Programs:

BLM Federal Land Acquisition .............................. 47,686 47,686 45,686 49,920

FWS Federal Land Acquisition .............................. 104,401 104,401 108,401 99,135

NPS Federal Land Acquisition ............................... 107,036 107,036 123,036 130,117

FS Federal Land Acquisition ................................. 130,877 130,877 128,877 149,742

Subtotal, Federal Land Acquisition .................. 390,000 390,000 406,000 428,914

Stateside Grants (Recreation and Wildlife) .......... 450,000 0 0 ........................

NPS Stateside Grants (and Administration) 0 154,000 164,000 144,000

State Wildlife Grants ................................... 0 100,000 100,000 85,000

Competitive Grants for Indian Tribes 0 5,000 0 1 0

FWS Incentive Grant Programs ............................. 60,000 60,000 60,000 50,000

Subtotal, State and Other Grant Programs ..... 510,000 319,000 324,000 279,000

Total LWCF ........................................................ 900,000 709,000 730,000 707,914

State and Other Conservation Programs:

FWS Coop. Endangered Species Conserv. Fund ... 54,694 107,000 91,000 96,235

FWS North American Wetlands Conserv. Fund ..... 14,912 45,000 42,000 43,500

FWS Neotropical Migratory Birds .......................... 0 5,000 0 2 0

USGS State Planning Partnerships ....................... 0 25,000 25,000 25,000

FS, Forest Legacy .................................................. 30,079 60,000 65,000 65,000

FS, Stewardship Incentives Program .................... 0 8,000 0 3 0

Subtotal ............................................................ 99,685 250,000 223,000 229,735

Urban and Historic Preservation Programs:

NPS Historic Preservation Fund ............................ 67,055 77,000 74,000 74,500

NPS Urban Parks and Recreation Recovery

Grants ............................................................... 0 30,000 20,000 30,000

FS Urban and Community Forestry ....................... 31,804 36,000 36,000 36,000

BLM Youth Conservation Corps ............................ 1,000 1,000 1,000 1,000

FWS Youth Conservation Corps ............................ 2,000 2,000 2,000 2,000

NPS Youth Conservation Corps ............................. 2,000 2,000 2,000 2,000

FS Youth Conservation Corps ............................... 2,000 2,000 2,000 2,000

Subtotal ............................................................ 105,859 150,000 137,000 147,500

National Wildlife Refuge Fund—FWS ............................ 0 5,000 0 4 0

Payments in Lieu of Taxes—BLM ................................. 0 50,000 50,000 50,000

Federal Infrastructure Improvement Programs:

BLM—Management of Lands & Resources ......... 25,000 28,000 28,000 28,000

FWS—Resource Management ............................... 25,000 28,000 31,000 29,000

NSP—Construction ............................................... 50,000 50,000 60,000 66,851

FS—Capital Improvement and Maintenance ....... 50,497 50,000 61,000 61,000

Subtotal ............................................................ 150,497 156,000 180,000 184,851

FS Total .......................................................................... 245,257 286,877 292,877 313,742

65

SUMMARY OF CONSERVATION SPENDING CATEGORY—Continued

[In thousands of dollars]

Subcategory/appropriation account Budget request House Senate Conference

DOI Total ........................................................................ 1,010,784 1,033,123 1,027,123 1,006,258

Total, Conservation Spending Category ........... 1,256,041 1,320,000 1,320,000 1,320,000

1 $5,000,000 for Tribal grants included in State Wildlife grants category.

2 $3,000,000 in FWS, but not charged to the conservation spending category (CSC).

3 $3,000,000 in FS, but not charged to CSC.

4 $3,000,000 above budget request in FWS, but not charged to CSC.

TITLE I—DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

The conference agreement provides $775,632,000 for manage- ment of lands and resources instead of $768,711,000 as proposed by

the House and $775,962,000 as proposed by the Senate. Within this

amount, $29,000,000 is from the conservation spending category. Increases above the House for land resources include $501,000

for noxious weeds for the Montana State University weed program,

$500,000 for Idaho weed control, and $400,000 for the Headwaters

Forest reserve and a decrease of $1,000,000 for the natural resource challenge program.

Increases above the House for recreation management include $1,000,000 for Missouri River undaunted stewardship.

Increases above the House for energy and minerals include $45,000 for management reforms, $2,000,000 for the National Petroleum Reserve/Alaska, and $1,775,000 for Alaska minerals for

the continued development of an interagency geological database

that was initiated in fiscal year 2001. The managers have provided $6,000,000 to address the Bureau’s increased operational workload for oil and gas permitting

and related activities, with an emphasis on expediting permit applications for coalbed methane development. The managers direct

the Bureau to focus all possible efforts towards completion of environmental reviews that are necessary to proceed with further leasing. The managers did not agree with the $700,000 earmark included in the Senate version of the bill to address the oil and gas

permit backlog in the State of Utah. However, the managers did

provide a significant increase for oil and gas permitting activities,

a portion of which should be used to address the Utah backlog.

Increases above the House for realty and ownership manage- ment include $350,000 for the Montana cadastral project, $300,000

for the Utah geographic reference project, and $1,500,000 for Alaska conveyance to establish a public lands database.

The managers note that the increase provided for the Montana

cadastral project fully funds the Federal share of this effort, however, the Bureau is encouraged to continue working with the State

of Montana to finalize the project and facilitate data sharing.

Decreases below the House for resource protection and mainte- nance include $200,000 for desert rangers, for a total increase of

$400,000 in fiscal year 2002.

66

There is an increase above the House level for transportation and facilities maintenance of $250,000 for the Iditarod National

Historic Trail.

There is a decrease of $500,000 below the House level for

workforce organizational support, which reflects a transfer to the

Inspector General for Bureau audits.

The managers agree to the following:

1. The managers note that both the House and Senate included

the Bureau’s request of $3,000,000 to identify and evaluate oil and

gas resources and reserves on public lands. In light of recent attacks on the United States that have underscored the potential for

disruptions to America’s energy supply, the managers believe this

project should be considered a top priority for the Department. Additionally, the managers direct the Bureau to provide the House

and Senate Committees on Appropriations biannual reports on the

progress of this effort and a final report detailing the findings of

this review.

2. The managers wish to clarify the language dealing with the

allocation of funds from the conservation spending category. Funding included in the management of lands and resources appropriation for the conservation spending category can be used for infrastructure improvements on all public lands including Oregon and

California grant lands.

3. The managers are aware of the significant success the military services have had in utilizing pulse technology in their vehicles and other equipment to reduce costs and increase environmental benefits through the extension of the service life of batteries. The managers urge the Department as a whole, and specifically the Bureau of Land Management, the National Park Service,

and the U.S. Fish and Wildlife Service to examine the opportunity

for cost savings and associated environmental benefits of using

pulse technology for battery management programs. The managers

believe that this technology, if adopted by the Department, will directly benefit the Bureaus.

4. The managers urge the Department and the Bureau to place

the highest possible priority on completion of the Imperial Sand

Dunes Recreation Management Plan.

5. The managers have not provided $300,000 for the Southwest

Strategy as proposed by the Senate.

Bill Language:

1. Language is included under the Bureau’s administrative

provisions reauthorizing the hard rock mining holding fee for 2

years.

2. The managers have earmarked $700,000 for the Rio Puerco

watershed project, which is $300,000 above the budget request. The

increase above the request shall be used for projects and initiatives

developed by the Rio Puerco Management Committee (section 401

of Public Law 104–333).

3. The managers have earmarked $4,000,000 for the assessment of mineral potential in Alaska as proposed by the Senate instead of $2,225,000 as proposed by the House.

4. The conference agreement includes a technical correction to

the conservation spending category statutory language as proposed

by the Senate.

67

WILDLAND FIRE MANAGEMENT

The conference agreement provides $678,421,000 for wildland

fire management instead of $700,806,000 as proposed by the House

and $659,421,000 as proposed by the Senate.

The managers have provided $280,807,000 for preparedness,

$161,424,000 for fire suppression of which $34,000,000 is a contingent emergency appropriation, and $236,190,000 for other operations of which $20,000,000 is a contingent emergency appropriation for the rehabilitation and restoration program. The bureau

may allocate up to an additional $2,838,000 for the Ecological Restoration Institute, Arizona for fuels reduction work including work

at Mt. Trumbull.

The managers have not earmarked funds in bill language for

hazardous fuels reduction work in the wildland-urban interface as

proposed by the Senate. Instead, the managers direct the Department of the Interior to allocate the funding level proposed in the

Administration’s budget request of $111,255,000 on projects in the

wildland-urban interface. If for any reason the Department is unable to attain the proposed levels, it shall promptly notify the

House and Senate Committees on Appropriations explaining why

the Department was unable to expend such sums. The managers

continue to believe that an emphasis on fuels reduction work in the

wildland-urban interface is critical to protecting the safety of rural

communities.

Within the funds provided for other operations, $1,000,000 is

for the National Center for Landscape Fire Analysis at Montana

State University including funding for the purchase of a

hyperspectral digital camera.

Non-emergency Emergency Total

Preparedness ............................................................................................... $280,807,000 ........................ $280,807,000

Suppression ................................................................................................. 127,424,000 $34,000,000 161,424,000

Other Operations:

Hazardous Fuels ................................................................................. 186,190,000 ........................ 186,190,000

Rehabilitation ..................................................................................... 20,000,000 20,000,000 40,000,000

Rural Fire Assistance ......................................................................... 10,000,000 ........................ 10,000,000

Other Operations Subtotal ............................................................. 216,190,000 20,000,000 236,190,000

Total Fire Funding ....................................................................................... 624,421,000 54,000,000 678,421,000

The managers believe that the full, integrated national fire

plan effort needs to be sustained in future years in order to reduce

the risks of catastrophic fire in many areas of the Nation. The

managers note that the Administration, working along with governors and local communities, have submitted a framework for a

ten-year national fire plan. However, after reviewing the plan, the

managers are concerned that the plan does not lay out clear funding requirements for various aspects of this important endeavor.

Therefore, the managers direct the Secretaries of Agriculture and

the Interior to provide to the House and Senate Committees on Appropriations by March 15, 2002, an updated fire plan that includes

detailed schedules of activities and funding requirements. The

managers understand that funding requirements for wildfire activities include considerable year-to-year uncertainty depending on

weather and fire circumstances and therefore the managers view

68

the funding requirements for the national fire plan as being an

iterative process, which requires annual updates. The managers direct the Departments of the Interior and Agriculture to continue to

work together to formulate complementary budget requests that reflect the same principles and a similar budget organization and

submit a cross-cutting budget request to the Committees, which

covers all federal wildfire responsibilities. In addition, the managers expect the agencies to seek the advice of governors, and local

and tribal government representatives in setting priorities for fuels

treatments, burned area rehabilitation, and public outreach and

education.

The managers remain concerned about the variation in methods by which the Departments calculate wildfire fighting readiness

and how the Departments plan their distribution of firefighting resources to attain efficiency. The managers direct the two Departments to develop and implement a coordinated and common system

for calculating readiness which includes provisions for working

with the shared fire fighting resources of the States and other cooperators and considers values of various resources on both Federal

and other lands.

The managers are also concerned about the fire suppression

costs during major incidents and therefore the Forest Service and

the Department of the Interior are directed to contract for a thorough, independent review of wildfire suppression costs and strategies. The Departments should equally share the cost of the review

and a preliminary report should be issued by May 31, 2002 and the

final report should be delivered to the House and Senate Committees on Appropriations by September 30, 2002.

CENTRAL HAZARDOUS MATERIALS FUND

The conference agreement provides $9,978,000 for the central

hazardous materials fund as proposed by the House and Senate.

CONSTRUCTION

The conference agreement provides $13,076,000 for construc- tion instead of $11,076,000 as proposed by the House and

$12,976,000 as proposed by the Senate. Funds should be distributed as follows:

Program/Area Amount

Pompey’s Pillar visitor center, MT ....................................................... $2,900,000

California Trail Interpretive Center, NV ............................................. 2,000,000

Fort Benton Visitor Center, MT ........................................................... 2,500,000

Rock Springs admin. Building, WY ...................................................... 2,500,000

Caliente warehouse building, NV ......................................................... 200,000

Hult Pond Dam repair, OR ................................................................... 582,000

Wildwood/Fisherman’s Bend Sewer systems, OR ............................... 1,214,000

NHOTIC water treatment system, OR ................................................ 103,000

North Sand Hills road & sanitation, CO ............................................. 212,000

Blackwell Island recreation site, ID ..................................................... 765,000

Lone Pine visitor center, CA ................................................................. 100,000

Total ............................................................................................. 13,076,000

PAYMENTS IN LIEU OF TAXES

The conference agreement provides $210,000,000 for payments

in lieu of taxes instead of $200,000,000 as proposed by the House

69

and $220,000,000 as proposed by the Senate. Within this amount,

$50,000,000 is from the conservation spending category.

LAND ACQUISITION

The conference agreement provides $49,920,000 for land acquisition instead of $47,686,000 as proposed by the House and

$45,686,000 as proposed by the Senate. Funds should be distributed as follows:

Area (State) Amount

Beaver Creek NWSR/White Mountains National Recreation Area

(AK) ..................................................................................................... $300,000

Catellus (CA) .......................................................................................... 3,100,000

Continental Divide National Scenic Trail (WY) .................................. 320,000

Cosumnes River Preserve (CA) ............................................................. 650,000

Douglas Point (MD) ............................................................................... 2,000,000

El Dorado (rare plants) (CA) ................................................................. 3,000,000

El Malpais National Conservation Area (NM) .................................... 700,000

Garnet Ghost Town (MT) ...................................................................... 650,000

Grande Ronde National Wild and Scenic River (OR/WA) .................. 500,000

Gunnison Basin ACEC (CO) ................................................................. 2,500,000

King Range National Conservation Area (CA) .................................... 1,900,000

Lewis and Clark National Historic Trail (ID) ..................................... 1,000,000

Lower Salmon River ACEC (ID) ........................................................... 2,000,000

Organ Mtns. (NM) ................................................................................. 2,000,000

Otay Mountain/Kuchamaa HCP (CA) .................................................. 2,000,000

Rio Grande National Wild and Scenic River (NM) ............................. 4,500,000

San Pedro Ecosystem (Gap/Borderlands—easements) (AZ) ............... 2,000,000

Sandy River (OR) ................................................................................... 3,000,000

Santa Rosa and San Jacinto Mtns. National Monument (CA) .......... 1,000,000

Snake River Birds of Prey National Conservation Area (ID) ............ 2,400,000

Soda Springs Hills (ID) ......................................................................... 900,000

St. George (Johnson tract) (UT) ........................................................... 500,000

Upper Arkansas River Basin (CO) ....................................................... 1,500,000

Upper Crab Creek/Rock Creek (WA) .................................................... 1,000,000

Upper Snake/South Fork Snake River (ID) ......................................... 2,500,000

West Eugene Wetlands (OR) ................................................................ 1,500,000

Subtotal ........................................................................................ 43,420,000

Emergency/hardship/inholding ............................................................. 1,000,000

Land Exchange Equalization Payments .............................................. 500,000

Acquisition Management ....................................................................... 5,000,000

Total ............................................................................................. 49,920,000

Of the $650,000 included for the Garnet Ghost Town, $400,000

shall be used for the Blackfoot Challenge.

Of the $5,000,000 provided for acquisition management,

$1,000,000 shall be used for land exchanges in eastern Washington

State including, but not limited to, the Moses Coulee, Rock Creek,

and Upper Crab Creek projects.

OREGON AND CALIFORNIA GRANT LANDS

The conference agreement provides $105,165,000 for Oregon

and California grant lands as proposed by the House instead of

$106,061,000 as proposed by the Senate.

RANGE IMPROVEMENTS

The conference agreement provides an indefinite appropriation for range improvements of not less than $10,000,000 as proposed

by the House and Senate.

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SERVICE CHARGES, DEPOSITS, AND FORFEITURES

The conference agreement provides an indefinite appropriation

for service charges, deposits, and forfeitures, which is estimated to

be $8,000,000 as proposed by the House and Senate.

MISCELLANEOUS TRUST FUNDS

The conference agreement provides an indefinite appropriation

of $11,000,000 for miscellaneous trust funds as proposed by the

House and Senate.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

The conference agreement provides $850,597,000 for resource

management instead of $839,852,000 as proposed by the House and

$845,814,000 as proposed by the Senate. The numerical changes

described below are to the House recommended level.

In endangered species programs there are increases of

$400,000 in candidate conservation for the Idaho sage grouse management plan, $524,000 for the listing program, and $250,000 in

consultation for the Central Valley and Southern California habitat

conservation plan. There is also a decrease of $1,500,000 for the

consultation program backlog.

Changes in the endangered species recovery program include

increases of $800,000 for eider recovery at the Alaska Sealife Center, $200,000 for wolf monitoring in Idaho, $500,000 for the

Preble’s meadow jumping mouse in Colorado, $700,000 for Upper

Colorado River endangered fish recovery, $600,000 for Lahonton

cutthroat trout in Nevada, and $1,100,000 for Atlantic salmon of

which $1,000,000 is for grants through the National Fish and Wildlife Foundation and $100,000 is for Service activities. There is also

a decrease of $1,000,000 for the recovery program backlog.

Changes to habitat conservation programs include increases in

partners for fish and wildlife of $750,000 for the Hawaii ESA community conservation plan, $1,250,000 for Reno biodiversity research and conservation in Nevada, $400,000 for the Montana

Water Center wild fish habitat initiative, and $100,000 for landowner assistance at the Fairfield Marsh Waterfowl Production Area

in Wisconsin. For project planning, there is an increase of $250,000

for Middle Rio Grande/Bosque research and a decrease of $500,000

for the CALFED program. In coastal programs, there are increases

of $1,000,000 for the Cook Inlet Aquaculture Association king salmon program in Alaska and $200,000 for the Regional Aquaculture

Association king salmon program in Alaska. There is also an increase of $9,000 for the environmental contaminants program. Cormorant work at the National Aquaculture Center in Arkansas and

alternative habitat and food sources for Idaho terns are addressed

in the migratory bird program.

In refuge operations and maintenance, there are decreases of

$700,000 for refuge maintenance and $1,000,000 for the natural resource challenge program. There are no refuge-specific earmarks.

Ohio River Islands NWR, WV equipment replacement and Canaan

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Valley NWR, WV maintenance are addressed in the construction

account.

In migratory bird management, there are increases of $575,000

to reduce seabird bycatch in Alaska, $1,000,000 for the Canada

geese depredation program, $200,000 for the National Aquaculture

Center in Arkansas to address cormorant depredation problems,

and $250,000 to address alternative habitat and food sources for

terns in Idaho. There is also a decrease of $68,000 for joint venture

programs, which reflects the elimination of the ‘‘general program

activities’’ category. The funding level for each joint venture is

identical to that shown in the House report.

There are no refuge-specific earmarks for law enforcement.

Canaan Valley NWR, WV law enforcement maintenance needs are

addressed in the construction account.

Changes to fisheries programs include an increase of

$1,500,000 in hatchery operations and maintenance for Leadville

NFH, CO trout (alternative 2), and increases in fish and wildlife

management of $100,000 for Great Lakes fish and wildlife restoration, $850,000 for wildlife enhancement in Starkville, Mississippi,

$100,000 for Yukon River escapement monitoring in Alaska,

$200,000 for Yukon River management studies in Alaska, $160,000

for Yukon River public education on the salmon treaty in Alaska,

$1,000,000 for Yukon River treaty implementation, $1,270,000 for

marine mammal protection in Alaska, $250,000 for whirling disease research in Montana, and $100,000 for salmon and trout recovery work on the Columbia and Snake Rivers by the University

of Idaho. Sewer replacement for the White Sulphur Springs NFH,

WV is addressed in the construction account. Atlantic salmon recovery is addressed in the Endangered Species Act recovery program.

In general administration, there is an increase of $750,000 for

travel and decreases of $1,000,000 for the National Fish and Wildlife Foundation and $825,000 for audits (which are funded under

the Office of Inspector General salaries and expenses account).

Grants for Atlantic salmon (Gulf of Maine) through the National

Fish and Wildlife Foundation are addressed in the Endangered

Species Act recovery program.

The managers agree to the following:

1. A total of $29,000,000 for infrastructure improvement is

charged against the conservation spending category.

2. $850,000 is allocated to the Service for the Pima County, Arizona, regional multi-species habitat conservation planning effort

that will result in Endangered Species Act Section 10 permits and

is developed in cooperation with the following entities: the municipalities in Pima County (to include at least the City of Tucson,

Town of Marana, and Town of Oro Valley) through a Cooperative

Agreement by and among the County and participating municipalities based on the Service’s Habitat Conservation Planning Handbook HCP MOU, and with the State of Arizona, Pima County interest groups, and Pima County citizens.

3. The $200,000 increase for wolf monitoring activities in Idaho

is to be managed by the Service’s Snake River Basin Office in

Boise, Idaho.

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4. The Service is strongly encouraged to work with the Idaho

Office of Species Conservation and Bruneau Hot Springs Snail Conservation Committee in support of the Bruneau Hot Springs snail

program, including conservation easement financing and water conservation practices, using appropriate grant programs administered

by the Service.

5. The Service should place a high priority on the staffing and

planning needs at the Hanford Reach National Monument, WA and

on the unmet need for invasive plant control at the Loxahatchee

NWR, FL.

6. The additional funds in hatchery operations and maintenance for the Leadville NFH, CO are provided with the expectation

that the Department will ensure that the Bureau of Reclamation

provides its share of funds for the project, consistent with the Bureau’s mitigation responsibility.

7. Work by the Service to mitigate the adverse effects of water

resource development projects conducted by other Federal agencies

should be performed on a cost reimbursable basis and the Service

should receive full and fair compensation for such work.

8. Funding for the wildlife enhancement program in Starkville,

Mississippi is provided to assist in the establishment of an educational program to assist private landowners. There is no commitment to future funding. 9. Of the $2,246,000 provided for the continuation of activities

begun in fiscal year 1997 to combat whirling disease and related

fish health issues, $700,000 is for the National Partnership on the

Management of Wild and Native Cold Water Fisheries, $250,000 is

for the purpose of resistant trout research to be coordinated

through the Whirling Disease Foundation, and $1,296,000 is to continue the National Wild Fish Health Survey, to expand whirling

disease investigations, and to recruit and train health professionals.

10. The U.S. Army Corps of Engineers is currently conducting

a major review of different approaches to preserving the

Meadowlands wetlands area in northern New Jersey. The managers understand that the Service has no plan to establish a new

National Wildlife Refuge System unit in this area but believes that

the Service can be a helpful partner in this review by adding its

unique expertise on the elements of the study that pertain to conservation of wildlife, particularly migratory birds. The managers

have deleted without prejudice the earmark in the Senate bill for

a separate U.S. Fish and Wildlife Service Meadowlands study. Instead, the managers direct the Service to provide in-depth advice

and consultation to the Corps to ensure that the study reflects the

most appropriate recommendations for the support of wildlife in

any future Meadowlands plans. The managers believe this will involve a substantial commitment of Fish and Wildlife Service resources to the Corps’ effort, approximately equal to the $140,000

specified in the Senate bill.

11. The Service is encouraged to work with Marion County, Oregon and other stakeholders to address the long-term preservation

of critical wetlands and wildlife habitat in the Lake Labish Basin.

The managers have agreed to a technical change to the conservation spending category bill language as proposed by the SenVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00072 Fmt 6601 Sfmt 6601 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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ate, and a technical change as proposed by the House on merging

prior year funds for infrastructure improvement under the conservation spending category.

The House proposed bill language designating specific amounts

for the endangered species listing program and for critical habitat

designations has been modified to adopt the Senate funding level

for the listing program and to specify that the critical habitat designation limitation is exclusive of funds needed for litigation support.

Senate proposed earmarks for a study of the Hackensack

Meadowlands in New Jersey, for Atlantic salmon grants in Maine,

and for University of Idaho research on salmon and trout recovery

are not retained in statutory language. Each of these items is addressed above.

CONSTRUCTION

The conference agreement provides $55,543,000 for construction instead of $48,849,000 as proposed by the House and

$55,526,000 as proposed by the Senate. Funds are to be distributed

as follows:

Project Description Amount

Anahuac NWR, TX ....................................................... Bridge Rehabilitation/Replacement—Phase II (c) .... 330,000

Bear River NWR, UT .................................................... Dikes and related facilities ....................................... 500,000

Bear River NWR, UT .................................................... Maintenance facility .................................................. 500,000

Big Branch NWR, LA ................................................... Facilities renovation ................................................... 400,000

Big Muddy NWR, MO .................................................. Headquarters design (p) ............................................ 250,000

Blackwater NWR, MD .................................................. Renovation of existing facility ................................... 899,000

Bozeman Fish Technology Center, MT ........................ Construction of Laboratory/Administration Building 2,556,000

Bridge Safety Inspections ........................................... .................................................................................... 545,000

Canaan Valley NWR, WV ............................................. Maintenance ............................................................... 875,000

Chincoteague NWR, VA ............................................... Herbert H. Bateman Education & Admin. Center—

Phase III (c).

3,400,000

Condor Facilities, CA & ID ......................................... Recovery facility construction and renovation .......... 1,750,000

Creston NFH, MT ......................................................... Jessup Mill Dam—Phase III (c) ................................ 1,900,000

Crystal River NWR, FL ................................................ Office renovation (p/d) .............................................. 125,000

Dam Safety Program and Inspections ....................... .................................................................................... 650,000

Eufala NWR, AL .......................................................... Environmental learning center (p) ............................ 100,000

Hagerman NWR, TX .................................................... Bridge Rehabilitation—Phase II (c) .......................... 1,800,000

Humboldt Bay NWR, CA .............................................. Seismic Safety Rehabilitation—Phase I (p/d) .......... 190,000

Iron River NFH, WI ...................................................... Replace Domes at Schacte Creek with Building ...... 740,000

John Hay NWR, NH ...................................................... Barn rehabilitation ..................................................... 150,000

John Heinz NWR, PA ................................................... Complete/equipment furnish admin. Wing ................ 600,000

Jordan River NFH, MI .................................................. Replace Great Lakes Fish Stocking Vessel ............... 200,000

Kealia Pond NWR, HI .................................................. Mitigation (c) ............................................................. 750,000

Klamath Basin Complex, OR ...................................... Water Supply and Management—Phase III .............. 1,700,000

Kodiak NWR, AK .......................................................... Visitor Center (p) ....................................................... 500,000

Leavenworth NFH, WA ................................................. Seismic Safety Rehabilitation—Phase I (p/d) .......... 170,000

Mammoth Springs NFH, AR ........................................ Water supply & management—Phase II .................. 60,000

Mattamuskeet NWR, NC ............................................. Lodge renovation ........................................................ 3,500,000

Midway Atoll NWR ....................................................... Hangar roof replacement ........................................... 650,000

Montezuma NWR, NY .................................................. Crusoe Conservation Center (c) ................................. 400,000

National Black-Footed Ferret Conservation Center,

CO.

New Endangered Species Facility—Phase III (c) ...... 2,260,000

Necedah NWR, WI ....................................................... Rynearson #1 Dam—Phase II (c) ............................. 2,725,000

Northwest Power Planning Area ................................. Fish screens, etc. ....................................................... 4,000,000

Ohio River Islands NWR, WV ...................................... Equipment replacement ............................................. 50,000

Quinault NFH, WA ....................................................... Replace Quarters ....................................................... 290,000

Red Rock Lakes NWR, MT .......................................... Seismic Safety Rehabilitation—Phase I (p/d) .......... 135,000

San Pablo Bay NWR, CA ............................................. Renovate Office—Phase II (c) .................................. 2,500,000

Silvio O. Conte NWR, VT ............................................. Education center (completes construction) ............... 750,000

Six NFHs in New England ........................................... Water Treatment Improvements—Phase III (c) ........ 2,630,000

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Project Description Amount

Ted Stevens Anchorage Int’l Airport, AK .................... Hangar—Phase I (p/d) .............................................. 536,000

Waccamaw NWR, SC .................................................. Visitor and Education Center (p) .............................. 400,000

White Sulphur Springs NFH, WV ................................. Sewer replacement and maintenance needs ............ 185,000

Wolf Creek NFH, KY .................................................... Visitor and Education Center (p/d) ........................... 400,000

Subtotal: Line Item Construction .................. .................................................................................... 43,051,000

Nationwide Engineering Services:

Demolition Fund ................................................. .................................................................................... 1,000,000

Environmental Compliance ................................ .................................................................................... 1,856,000

Seismic Safety Program .................................... .................................................................................... 180,000

Waste Prevention and Recycling ....................... .................................................................................... 150,000

Other Engineering Services ............................... .................................................................................... 9,306,000

Total .............................................................. .................................................................................... 55,543,000

The managers are concerned that the Service’s construction

program is not based on a sound strategic plan that clearly identifies priorities for the construction of headquarters, maintenance,

visitor, and education facilities. For the past few years, construction budget requests have been inadequate and limited, almost exclusively, to health and safety-related projects. As a result, construction priorities outside that narrow scope have been set by the

Congress. Management personnel within the Service have taken

advantage of Congressional earmarks by attempting to convert a

large number of Congressionally earmarked projects, including

basic repair projects, into proposals for large, expensive visitor and

education centers. The managers believe that the Service needs to

take control of the priority setting process for construction and to

set fair and reasonable priorities for construction outside the health

and safety arena. Further, funding for the highest priority refuge

and hatchery headquarters, visitor/education center construction

projects, and visitor contact stations should be justified and requested in annual budget submissions.

The managers expect the Service to focus on providing on-theground refuge experiences for visitors and modest visitor/education

centers and visitor contact stations. The Service should develop

standardized designs for education and visitor centers and for visitor contact stations. The managers suggest that the maximum cost

for any visitor center should not exceed $3 million unless there are

extreme, extenuating circumstances, such as the high cost of materials transport and construction in Alaska. The managers expect

the Service to treat the maximum amount as a true ceiling and not

as the amount that every visitor center will receive. Also, visitor

contact stations should have a much lower maximum funding level.

The managers expect the Service to pursue cost sharing, including in-kind services and contributions, in establishing priorities

for construction. Further, the size of visitor centers and headquarters buildings should be related to current visitation and currently established ‘‘minimum staffing levels’’ and not based on comprehensive conservation plan or other projections. The guidelines

and specifications developed by the Service should address size and

function, sustainability, energy efficiency, people flow, and operating costs. The managers also expect the Service to develop unified outreach materials for visitor facilities.

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The Service should report to the House and Senate Committees on Appropriations no later than February 1, 2002, on its priority setting and evaluation process for construction projects. Supervisory and management personnel within the Service should be

held accountable for implementing Service construction priorities

and should be clearly directed to refrain from operating as ‘‘free

agents’’ in support of specific construction proposals outside that

process.

Finally, the managers caution the Service that its refuge-specific comprehensive conservation plans are raising unrealistic expectations, both within and outside the Service, with respect to

construction, land acquisition, and operations and maintenance

funding availability. The managers expect the Service to place a

clear and realistic statement in the front of each comprehensive

conservation plan stating that such plans detail program planning

levels that are substantially above current budget allocations and,

as such, are for Service strategic planning and program

prioritization purposes only. Such plans do not constitute a commitment for refuge boundary expansions, staffing increases, or funding

for future refuge-specific land acquisitions, construction projects or

operational and maintenance increases.

The managers agree to the following:

1. The funds provided for the Northwest Power Planning Area

are for construction of fish screens, fish passage devices, and related features, pursuant to Public Law 106–502.

2. No funds are provided for an administrative center and visitor facility at Pelican Island NWR, FL. The Service should identify

a site for, and justify the cost of, such a facility in future budget

requests.

3. The Crusoe Conservation Center at the Montezuma NWR,

NY is being funded largely with State and local funding from the

State of New York, the local school district, Ducks Unlimited, and

the Audubon Society. The managers encourage the Service to pursue such cost sharing for construction projects on other refuges.

4. The Service should pursue potential cost-sharing arrangements for construction of the Waccamaw NWR, SC visitor and education center.

5. No funds are included for planning and design of a research

facility at the Sevilleta NWR, NM. The Service should consider

such a facility in the context of its construction priorities for fiscal

year 2003.

6. Further funding for barn rehabilitation at John Hay NWR,

NH, if needed, should be provided from other sources such as historic preservation groups.

LAND ACQUISITION

The conference agreement provides $99,135,000 for land acquisition instead of $104,401,000 as proposed by the House and

$108,401,000 as proposed by the Senate. Funds should be distributed as follows:

Area (State) Amount

Back Bay NWR (VA) ............................................................................. $3,900,000

Big Muddy NFWR (MO) ........................................................................ 2,000,000

Bon Secour NWR (AL) ........................................................................... 1,000,000

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Area (State) Amount

Cahaba NWR (AL) ................................................................................. 2,500,000

Canaan Valley NWR (WV) .................................................................... 7,800,000

Cape May NWR (NJ) ............................................................................. 1,100,000

Cat Island NWR (LA) ............................................................................ 4,000,000

Charles M. Russell NWR (MT) ............................................................. 1,000,000

Clarks River NWR (KY) ........................................................................ 1,500,000

Dakota Tallgrass Prairie WMA (ND/SD) ............................................. 2,500,000

Edwin B. Forsythe NWR (NJ) .............................................................. 2,500,000

Fairfield Marsh Waterfowl Production Area (WI) .............................. 1,000,000

Florida Panther NWR (FL) ................................................................... 500,000

Great Bay NWR (NH) ........................................................................... 1,200,000

Great Meadows NWR (MA) .................................................................. 1,000,000

Great Salt Pond NWR (RI) ................................................................... 500,000

Great Swamp NWR (NJ) ....................................................................... 1,000,000

Iron River Fish Hatchery (Glacial Springs) (WI) ................................ 285,000

J.N. Ding Darling NWR Complex (FL) ................................................ 3,000,000

James Campbell NWR (HI) .................................................................. 2,000,000

Kenai NWR (Point Possession) (AK) .................................................... 3,300,000

Laguna Atascosa NWR (TX) ................................................................. 5,000,000

Louisiana Black Bear Complex—Black Bayou NWR (LA) ................. 500,000

Neal Smith NWR (IA) ........................................................................... 1,000,000

Nisqually NWR Complex (WA) ............................................................. 1,000,000

Northern Tallgrass Prairie NWR (MN/IA) .......................................... 550,000

Pelican Island NWR (Completes Lear and Michael tracts) (FL) ....... 5,000,000

Petit Manan NWR (ME) ........................................................................ 750,000

Rachel Carson NWR (ME) .................................................................... 1,000,000

Rappahannock River Valley NWR (VA) ............................................... 2,000,000

Red River NWR (LA) ............................................................................. 1,000,000

Red Rocks Lakes NWR (MT) ................................................................ 500,000

Reelfoot NWR Complex (TN) ................................................................ 1,000,000

Rhode Island NWR Complex (RI) ......................................................... 1,000,000

San Diego NWR (CA) ............................................................................ 5,000,000

Silvio O. Conte NFWR ........................................................................... 1,100,000

Southeast Louisiana NWR Complex (LA) ............................................ 500,000

Stewart B. McKinney NWR (CT) ......................................................... 2,000,000

Waccamaw NWR (SC) ........................................................................... 2,000,000

Wallkill River NWR (NJ) ...................................................................... 2,000,000

Western Montana Project (MT) ............................................................ 3,000,000

White Sulphur Springs NFH (WV) ...................................................... 150,000

Whittlesey Creek NWR (WI) ................................................................. 500,000

Subtotal .................................................................................... 80,135,000

Emergency & Hardship ......................................................................... 1,500,000

Inholdings ............................................................................................... 1,500,000

Exchanges ............................................................................................... 1,000,000

Acquisition Management ....................................................................... 15,000,000

Total ......................................................................................... 99,135,000

The funds included for the Great Salt Pond NWR, RI are subject to authorization.

The managers direct the Service to make land acquisition requests for individual refuge units, rather than the current practice

of making requests at the refuge complex level.

None of the funding provided for land acquisition shall be used

to acquire land for the placement of a visitor/interpretive center,

without specifically identifying this purpose in the budget justification for both the land acquisition and construction accounts.

The managers have included bill language authorizing the purchase of common stock of Yauhannah Properties, Inc. The managers understand that the Yauhannah Properties, Inc. sole holding

is property within the boundary of the Waccamaw National Wildlife Refuge, and they are only making the property available

through the sale of common stock. Therefore, the managers are

77

aware that it may be necessary for the Service to acquire this parcel by purchasing the common stock. The managers note that this

purchase presents a number of complexities outside the Service’s

expertise, including potential tax implications. The managers expect that the Service should not assume any Federal, State, or

other jurisdiction tax liability by acquiring this property through

the purchase of common stock. The managers also expect that the

purchase of common stock should only occur if the United States

does not assume any material unanticipated liabilities or assume

any additional liability or expense than it would otherwise assume

if the underlying property were acquired.

The managers continue to be concerned about the Service’s

land acquisition budgeting and its land acquisition policy. In response to continuing oversight by the Appropriations Committees,

the Service has developed a proposal to streamline staffing and to

reform its approach to land acquisition budgeting and program implementation. The managers expect the Service to implement its

proposal to reduce staffing from the current FTE level of 198 to 156

FTEs by October 1, 2003. The Service should make much greater

use of contract resources for appraisals, cartography and surveying

associated with land acquisition. The practice of refuge personnel

and endangered species personnel charging costs to land acquisition should be terminated unless there are reimbursable agreements in place.

The managers have agreed to bill language to permit the limited use of project funding for overhead cost allocation consistent

with the Service’s cost allocation methodology during fiscal year

2002 only. The maximum amount that can be assessed against all

land acquisition projects in fiscal year 2002 is $2,500,000 and the

managers urge the Service to use savings from staffing attrition

and other streamlining efforts to reduce, to the greatest extent possible, the amount assessed to a number well below the maximum

allowable level.

The managers expect the Service to identify clearly its land acquisition planning requirements in the fiscal year 2003 and future

budget requests and to justify fully those requirements as a separate line item in the land acquisition or resource management account. Likewise, any overhead cost allocation should be minimized

and justified fully as a separate ‘‘cost allocation methodology’’ line

item in the land acquisition account.

The managers expect the Service to report semi-annually on

progress in implementing its land acquisition streamlining proposal

and to achieve the October 1, 2003 staffing goals sooner than that

date to the maximum extent practicable. The first progress report

is due no later than February 1, 2002. Also, the managers strongly

support the policy requiring Director approval of any refuge boundary expansion and expect the Service to justify any such approvals

in the semi-annual report.

Land acquisition reform should be incorporated as a critical

performance element in the Service’s supervisory performance

standards at the highest levels in headquarters, regional offices

and the field. This performance element should be taken very seriously within the Service and the semi-annual reports to the House

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cally management performance on this element. The managers remind the Service that land acquisition reform should not be limited

to implementing the Service’s streamlining proposal. It should also

apply to the individual manager’s responsibility to adhere to the

Service’s land acquisition prioritization process and not operate as

a ‘‘free agent’’ in support of specific land acquisition proposals outside that process.

Finally, the managers caution the Service that its refuge-specific comprehensive conservation plans are raising unrealistic expectations, both within and outside the Service, with respect to future land acquisition, construction, and operations and maintenance funding availability. The managers expect the Service to

place a clear and realistic statement in the front of each comprehensive conservation plan stating that such plans detail program planning levels that are substantially above current budget

allocations and, as such, are for Service strategic planning and program prioritization purposes only. Such plans do not constitute a

commitment for refuge boundary expansions, staffing increases, or

funding for future refuge-specific land acquisitions, construction

projects or operational and maintenance increases.

LANDOWNER INCENTIVE PROGRAM

The conference agreement provides $40,000,000 for the landowner incentive program instead of $50,000,000 as proposed by

both the House and the Senate.

STEWARDSHIP GRANTS

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

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

The conference agreement provides $96,235,000 for the cooperative endangered species conservation fund instead of $107,000,000

as proposed by the House and $91,000,000 as proposed by the Senate. Changes to the House level include a decrease of $12,000,000

for habitat conservation plan land acquisition and an increase of

$1,235,000 for program administration.

NATIONAL WILDLIFE REFUGE FUND

The conference agreement provides $14,414,000 for the national wildlife refuge fund as proposed by the Senate instead of

$16,414,000 as proposed by the House. None of these funds are

charged against the conservation spending category.

NORTH AMERICAN WETLANDS CONSERVATION FUND

The conference agreement provides $43,500,000 for the North

American wetlands conservation fund instead of $45,000,000 as

proposed by the House and $42,000,000 as proposed by the Senate.

Decreases to the House level include $1,440,000 for wetlands conservation grants and $60,000 for program administration.

The managers understand that the Caddo Lake Institute in

partnership with the Division of International Conservation and

the National Wetlands Research Center in Lafayette, Louisiana are

79

interested in pursuing a RAMSAR-based wetlands science, site

management and education program. The managers strongly encourage the Service to work with these groups to explore the possibility of funding such an activity through a North American Wetlands Conservation Act grant or another Service program.

The managers have agreed to bill language, as proposed by the

House, limiting increased grant funding above the fiscal year 2001

level to projects in the United States. The Senate had no similar

provision.

NEOTROPICAL MIGRATORY BIRD CONSERVATION

The conference agreement provides $3,000,000 for the

neotropical migratory bird conservation program instead of

$5,000,000 as proposed by the House and no funding as proposed

by the Senate. None of these funds are charged against the conservation spending category.

The managers expect the program to be administered by the

division of bird habitat conservation but the Service should incorporate international program staff expertise into the oversight and

administration of the program.

MULTINATIONAL SPECIES CONSERVATION FUND

The conference agreement provides $4,000,000 for the multinational species conservation fund as proposed by both the House

and the Senate.

The managers have agreed to bill language, as proposed by the

House, specifying the public law citations for the Asian elephant

and the rhino and tiger funds.

STATE WILDLIFE GRANTS

(INCLUDING RESCISSION OF FUNDS)

The conference agreement provides $85,000,000 for State wildlife grants in fiscal year 2002 instead of $100,000,000 as proposed

by both the House and the Senate. Within this amount, $5,000,000

is for a competitive grant program for Indian tribes. The agreement

also provides for the rescission of $25,000,000 from the fiscal year

2001 appropriation rather than a rescission of $49,890,000 as proposed by the Senate and no rescission as proposed by the House.

The managers agree to the clarification of the ‘‘full array’’ of

wildlife requirement for planning contained in the House report.

The managers have agreed to the distribution formula in bill

language proposed by the Senate rather than the formula proposed

by the House. The managers have also agreed to a technical change

to the conservation spending category bill language proposed by the

Senate.

TRIBAL WILDLIFE GRANTS

The conference agreement provides no funding under this

heading for tribal wildlife grants; however, $5,000,000 is earmarked under the State wildlife grant program for this purpose.

80

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

The conference agreement provides $1,476,977,000 for the op- eration of the National park system instead of $1,480,336,000 as

proposed by the House and $1,473,128,000 as proposed by the Senate. Of this amount, $2,000,000 for the Youth Conservation Corps

program is derived from the conservation spending category. The agreement provides $318,827,000 for resource stewardship as proposed by the House instead of $317,996,000 as proposed by

the Senate. The agreement provides $297,543,000 for visitor services as proposed by the House instead of $298,343,000 as proposed

by the Senate. The agreement provides $481,088,000 for maintenance instead of $483,197,000 as proposed by the House and $478,701,000 as proposed by the Senate. Changes to the House level include increases

totaling $600,000 for the New River Gorge National River to hire

local crews to improve visitor access and facilities, remove structures posing hazards to visitors, and provide technical support and

maintenance for the parkway. There is a reduction of $2,709,000

for the repair and rehabilitation program. Within the total for repair and rehabilitation the following projects should be funded:

$675,000 for the Great Smoky Mountains National Park including

$375,000 to repair the historic log cabins and a $300,000 general

increase for maintenance needs, $400,000 for the George Washington Memorial Parkway, $175,000 for the Klondike Goldrush National Historic Park, and $400,000 for the Indiana Dunes National

Lakeshore.

The conference agreement provides $272,921,000 for park support instead of $271,371,000 as proposed by the House and

$271,490,000 as proposed by the Senate. Changes to the House

level include increases of $200,000 for Wild and Scenic Partnership

Rivers, $2,000,000 for Lewis and Clark Challenge Cost Share program grants and a decrease of $650,000 for financial audits, which

have been funded under the Inspector General account. The entire

$200,000 increase for Wild and Scenic Partnerships Rivers should

be allocated directly to the eight partnership rivers through the

Northeast Regional Office. The funds should be equally divided

among the areas. The managers direct that no overhead costs may

be charged to this money including the hiring of new staff. Any

technical assistance should be provided by the existing rivers, trails

and conservation assistance regional staff.

The agreement provides $104,598,000 for external administrative costs as proposed by the Senate instead of $107,398,000 as proposed by the House. The change to the House level is a reduction

of $2,800,000 for bandwidth needs.

Following enactment of this Act, the National Park Service

should make the necessary adjustments to align the additional operation funds for the purposes approved by the House and Senate

Committees on Appropriations with the proper budget subactivities.

The managers remain supportive of the parks and programs of

the Service. Each year, efforts are made to provide additional operational increases, over and above the request, to keep pace with the

81

growing demands on the system and the Service. While some additional hiring may be necessary, the managers strongly encourage

the Service to consider carefully the outyear implications of hiring

decisions being made with available funds. Inflationary adjustments, pay cost requirements, and other dollars necessary to support employees grow over time. At a time of budget uncertainty,

NPS managers should be cautious in committing to the hiring of

additional personnel that may not be sustainable over time if budget increases are not forthcoming in future years.

The managers reinforce the direction in the House report regarding the cost and size of visitor centers, heritage centers and

environmental education centers. Nearly five years ago, the Service

was cautioned to be more realistic about the development of General Management Plans, which, in many cases, have become unrealistic documents which tend to include expensive, oversized buildings and other projects that are not essential or central to the mission of the park. In many instances, superintendents, working outside the National Park Service’s budget process, put forward proposals for visitor centers that are oversized and do not take into

account the location, current visitation and staffing levels of the

specific unit. These projects often compete directly against backlog

maintenance projects and other construction priority needs of the

Service.

The managers direct the Director to take these repeated concerns seriously and prepare a response by February 1, 2002, which

proposes a new National policy regarding the preparation of General Management Plans, addresses the issue of oversized structures, establishes appropriate scope for new proposed facilities, and

establishes cost and planning parameters to be followed by all

parks.

The managers expect the Director and the Regional Directors

to be familiar with the scope of projects proposed, and to withhold

approval of plans and projects that are not consistent with the policy to be articulated. This applies to proposals that are being officially considered through the budget process and proposals that are

being considered independently. The managers understand that

lines of authority flow from the Director through the Regional Directors to the parks, and greater discipline must be imposed in

complying with established policy.

The managers also suggest that there should be a priority

process for proposing new visitor facilities, when needed, and that

the Service consider seriously the inclusion of this type of facility

in the budget process when it meets a priority need of the Park

System. The managers are concerned that priority systems for lineitem construction which rely solely on backlog maintenance as a

determining factor for funding will exacerbate the trend towards

bypassing the established budget process for visitor services facilities. The National Park Service and the Department of the Interior

are encouraged to agree on one common priority system that reflects the breadth of the Service’s mission, with a strong emphasis

on addressing backlog issues while responding to the emerging

challenges facing the Service.

The managers have agreed to the Senate bill language providing two-year availability for maintenance, repair or rehabilitaVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00081 Fmt 6601 Sfmt 6601 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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tion projects, an automated facility management software system,

and comprehensive facility condition assessments.

The managers have retained language, proposed by the House,

which precludes the Service from establishing a new associate director position for business practices and partnerships. The managers agree that the Service needs to enhance its capacities in

these areas, particularly with regard to strategic direction in the

areas of concessions and fee management. Rather than reorganizing and creating more positions, at a time when the Administration is requiring agencies to review their workforces and streamline

their organizations, the managers expect the Service to focus on increasing the technical and financial expertise needed to improve

and protect the financial interests of parks on behalf of the taxpayers. Not all of these skills need to be hired on a permanent

basis. Contracts and consultants should be used as appropriate. In

filling positions in the concessions and fee areas, the managers expect the Service to abandon the traditional position descriptions

and job screening criteria, and recruit for new employees who possess the necessary financial and strategic backgrounds. The managers have supported most of the business plans developed to date,

and recommend that the types of skills used in that project be put

to greater use within the National Park Service.

The managers have agreed to modify the Senate language regarding the Lewis and Clark Challenge Cost Share program to

limit single awards to no more than $250,000 instead of $100,000

as proposed by the Senate. The managers also want to make clear

that the competitive funds may be used for signature events, planning, visitor services and safety information.

The managers are aware of work that has been done at Glacier

National Park to make several boat docks and trails accessible to

park visitors with disabilities. The managers applaud these efforts,

and urge the Service to allocate the funds necessary to complete

similar work at the heavily used dock at Lake McDonald Lodge.

The managers commend the Service for beginning to include

the role of slavery in its interpretations at Civil War Battlefields

and Monuments along with other factors such as State sovereignty

rights, economics including trade and tariffs, and broader cultural

differences. The managers encourage the Service to continue to diversify and expand its interpretations so that all of these complex

factors can be better understood.

The managers are supportive of efforts by the Service to expand diversity, not only in the workforce but also in the types of

parks that comprise the system and in the outreach that is done

to attract a broader spectrum of visitors to the resources of the

Service. The managers are supportive of the cultural resources diversity initiative and encourage the Service to build on the successes of this effort in support of greater progress across all programs. The managers direct the Service to have an interdisciplinary team representing headquarters and the field prepare a comprehensive report on its various diversity initiatives, especially as

they affect visitation and employment, and report back to the Committees on these findings by March 31, 2002. The report should incorporate those aspects of the Service’s diversity action plan, which

are targeted at improving performance, as well as the Director’s

83

plan for communicating internally and externally to the Service on

the importance of these issues. The report should then be updated

annually. The Service is encouraged to pursue opportunities to extend its outreach efforts in ways that do not require increased

funding.

The managers are aware of efforts by the Department of the

Interior to work with State and local authorities to prepare land

use plans for the former Bureau of Mines property near Fort

Snelling, Minnesota. The managers have deferred consideration of

funding for this project pending conclusion of these discussions and

presentation to the Committees of a land use plan which clarifies

the total cost of the project, the Federal share of such costs, and

more precise details regarding the role to be played by the Federal

government. The managers are hopeful that a formal proposal can

be considered prior to conference on the fiscal year 2003 bill.

UNITED STATES PARK POLICE

The conference agreement provides $65,260,000 for the United

States Park Police as proposed by the House, instead of

$66,106,000 as proposed by the Senate.

The managers have been concerned for several years about fiscal management and accountability of the U.S. Park Police. As a

result, the Committees directed the National Academy of Public

Administration (NAPA) to conduct a review of the USPP’s goals,

mission, financial management and accountability as well as its

staffing, equipment, and other needs. The Academy completed its

review in August and made extensive recommendations on needed

improvements.

The managers direct the Department, in cooperation with the

National Park Service and the United States Park Police, to develop a detailed plan to implement the comprehensive recommendations of NAPA described in the August 2001 report. The

Department should forward its implementation plan to the House

and Senate Committees on Appropriations no later than December

15, 2001.

NATIONAL RECREATION AND PRESERVATION

The conference agreement provides $66,159,000 for National

recreation and preservation instead of $51,804,000 as proposed by

the House and $66,287,000 as proposed by the Senate. The agreement provides $549,000 for recreation programs as proposed by the

House instead of $555,000 as proposed by the Senate.

The agreement provides $10,930,000 for natural programs as

proposed by the House instead of $11,595,000 as proposed by the

Senate. Within the amount provided for the Rivers and Trails Conservation Assistance program, $250,000 is earmarked for work establishing a 740-mile Northern Forest Canoe Trail through the

States of Vermont, New York, Maine, and New Hampshire. The

managers urge the program to give priority consideration to the

Eightmile River, the Washington-Rochambeau National Historic

Trail and Clark County, Nevada. The managers are concerned with

National Park Service decisions to continue Rivers and Trails Conservation Assistance earmarks as permanent increases to base

84

funding. If the National Park Service wishes to continue an earmark it should be identified as a continuing project in the budget

justification. The agreement provides $20,769,000 for cultural programs in- stead of $20,019,000 as proposed by the House and $20,451,000 as

proposed by the Senate. Changes to the House level include an increase of $250,000 for the Heritage Education Model and $500,000

for the newly authorized Underground Railroad grant program, of

which $250,000 is for a grant to the Underground Railroad Coalition of Delaware. This program should be managed by the same

grants staff as the Underground Railroad technical assistance program. This entire amount should be used for grants. The $250,000

earmarked in the House report to continue development of a model

Heritage Education Initiative is in cooperation with Northwestern

State University of Louisiana. Within available funds, the managers direct that $300,000 be available for Heritage Preservation,

Inc.

The conference agreement provides $1,718,000 for international park affairs as proposed by the House instead of

$1,732,000 as proposed by the Senate. The agreement provides $397,000 for environmental compli- ance and review as proposed by the House instead of $401,000 as

proposed by the Senate. Also provided is $1,582,000 for grant administration as proposed by the House instead of $1,605,000 as

proposed by the Senate. The conference agreement provides $13,209,000 for heritage partnership programs instead of $12,458,000 as proposed by the

House and $13,368,000 as proposed by the Senate. This total includes $13,092,000 for individual heritage areas and $117,000 for

administrative support. Funds are to be distributed as follows:

America’s Agricultural Heritage Partnership ..................................... $700,000

Augusta Canal National Heritage Area ............................................... 492,000

Automobile National Heritage Area ..................................................... 500,000

Cache La Poudre River Corridor .......................................................... 50,000

Cane River National Heritage Area ..................................................... 650,000

Delaware and Lehigh National Heritage Corridor ............................. 700,000

Erie Canalway National Heritage Corridor ......................................... 210,000

Essex National Heritage Area .............................................................. 1,000,000

Hudson River Valley National Heritage Area ..................................... 900,000

Illinois and Michigan Canal National Heritage Corridor ................... 500,000

John H. Chafee Blackstone River Valley National Heritage Corridor ..................................................................................................... 800,000

Lackawanna Valley National Heritage Area ....................................... 500,000

National Coal Heritage Area ................................................................ 210,000

Ohio and Erie Canal National Heritage Corridor ............................... 1,000,000

Quinebaug and Shetucket Rivers Valley National Heritage Corridor ..................................................................................................... 750,000

Rivers of Steel National Heritage Area ............................................... 1,000,000

Schuykill National Heritage Area ........................................................ 210,000

Shenandoah River Valley Battlefields National Historic District ..... 500,000

South Carolina National Heritage Corridor ........................................ 1,000,000

Tennessee Civil War Heritage Area ..................................................... 210,000

Wheeling National Heritage Area ........................................................ 1,000,000

Yuma Crossing National Heritage Area .............................................. 210,000

Project total ..................................................................................... 13,092,000

Administrative ....................................................................................... 117,000

Total ................................................................................................. 13,209,000

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The managers reiterate that previously appropriated technical

assistance money for heritage areas is to be used to assist local

governments and partner organizations implement locally supported projects consistent with the overall plans for these congressionally designated areas.

The conference agreement provides $17,005,000 for statutory

or contractual aid instead of $4,151,000 as proposed by the House

and $16,580,000 as proposed by the Senate. The funds are to be

distributed as follows:

Anchorage Museum ............................................................................... $2,500,000

Barnanoff Museum/Erksin House ........................................................ 250,000

Bishop Museum’s Falls of Clyde ........................................................... 300,000

Brown Foundation ................................................................................. 101,000

Chesapeake Bay Gateways ................................................................... 1,200,000

Dayton Aviation Heritage Commission ................................................ 299,000

Denver Natural History and Science Museum .................................... 750,000

Ice Age National Scientific Reserve ..................................................... 806,000

Independence Mine ................................................................................ 1,500,000

Jamestown 2007 .................................................................................... 200,000

Johnstown Area Heritage Association ................................................. 49,000

Lake Roosevelt Forum ........................................................................... 50,000

Lamprey River ....................................................................................... 500,000

Mandan On-a-Slant Village .................................................................. 750,000

Martin Luther King, Jr. Center ........................................................... 528,000

Morris Thomson Cultural and Visitor Center ..................................... 750,000

National Constitution Center ............................................................... 500,000

Native Hawaiian Culture and Arts Program ...................................... 740,000

New Orleans Jazz Commission ............................................................ 66,000

Penn Center National Landmark ......................................................... 1,000,000

Roosevelt Campobello International Park Commission ..................... 766,000

Sewall-Belmont House .......................................................................... 500,000

St. Charles Interpretive Center ............................................................ 500,000

Vancouver National Historic Reserve .................................................. 400,000

Vulcan Monument ................................................................................. 2,000,000

Total ............................................................................................. $17,005,000

The managers have included $750,000 for the Denver Natural

History and Science Museum, $500,000 for the St. Charles Interpretive Center, and $750,000 for Mandan-on-a-Slant Village. This

completes the Federal commitment to these projects.

URBAN PARK AND RECREATION FUND

The conference agreement provides $30,000,000 for the urban

park and recreation fund as proposed by the House instead of

$20,000,000 as proposed by the Senate. This program is funded

under the conservation spending initiative.

HISTORIC PRESERVATION FUND

The conference agreement provides $74,500,000 for the historic

preservation fund instead of $77,000,000 as proposed by the House

and $74,000,000 as proposed by the Senate. The change to the

House is a reduction of $2,500,000 for a grant to the National

Trust for Historic Preservation for its historic sites program.

Included in the total is $30,000,000 to continue the Save America’s Treasures program. Save America’s Treasures funds are subject to a fifty percent cost share, and no single project may receive

more than one grant from this program. A total of $15,000,000 is

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provided for competitive grants and the remaining $15,000,000 is

to be distributed as follows:

Project/State Amount

1901 Pan Am Building, NY ................................................................... $100,000

Academy of Music, Philadelphia Orchestra, PA ................................. 200,000

Akron Civic Theatre, OH ...................................................................... 500,000

Alaska Moving Image Preservation Association, AK .......................... 500,000

Amer. Air Power Museum (hangar restoration & Tuskegee Airmen

exhibits), NY ....................................................................................... 200,000

Arthurdale Historic Community (restoration), WV ............................ 300,000

B&O Railroad/Vanadalia Corridor Restoration, WV .......................... 200,000

Bailly Chapel House, IN ....................................................................... 200,000

Belknap Mill, NH .................................................................................. 250,000

Biltmore School, NC .............................................................................. 300,000

Bishop Museum Moving Image Collection, HI .................................... 50,000

Camp Ouachita, AR ............................................................................... 365,000

Charles Washington Hall, WV .............................................................. 200,000

City Hall, Taunton, MA ........................................................................ 250,000

Documentation of the Immigrant Experience, MN ............................. 250,000

Eagle Block rehabilitation, NH ............................................................ 250,000

Englert Theatre, Iowa City, IA ............................................................. 365,000

Florence Griswold Museum, Old Lyme, CT ........................................ 100,000

Fort Mitchell, AL ................................................................................... 300,000

Fort Nisqually, WA ................................................................................ 250,000

Fort Pike, LA ......................................................................................... 200,000

Franklin House, NY .............................................................................. 100,000

Frederick Douglass Junior and Senior High School, Huntington,

WV ....................................................................................................... 270,000

George Ohr Museum and Cultural Center, MS .................................. 425,000

Harborview (Great Lakes Historical Society), OH .............................. 100,000

Harrison Brothers Hardware, AL ........................................................ 100,000

Hegeler-Carus Mansion, IL ................................................................... 200,000

Hill Stead Museum, CT ......................................................................... 115,000

Lewis and Clark College (artifact preservation), OR .......................... 400,000

Lincoln Courthouse, WI ........................................................................ 280,000

Lincoln Historic Building, NM ............................................................. 1,000,000

Lion House at the Bronx Zoo, NY ........................................................ 200,000

Lloyd House, VA .................................................................................... 125,000

Mahaiwe Theater, MA ........................................................................... 250,000

Masonic Temple, PA .............................................................................. 200,000

McDowell House, KY ............................................................................. 150,000

Moss Mansion, MT ................................................................................ 70,000

Orpheum Theatre, KS ........................................................................... 200,000

Paducah-McCracken County River Heritage Museum, KY ............... 250,000

Paul Robeson House, PA ....................................................................... 200,000

Pawtucket Armory, RI ........................................................................... 250,000

Peter Augustus Jay House, NY ............................................................ 100,000

Pickens County Courthouse, AL ........................................................... 100,000

Prairie Churches, ND ............................................................................ 100,000

Quarry Pond Farm Barn, OH ............................................................... 200,000

Quindaro Archaelogical Site Preservation, KS ................................... 200,000

Robert Mills Courthouse, Camden, SC ................................................ 330,000

Rose Hill Farm, VA ............................................................................... 100,000

Scarsdale National Historic Railroad Station, NY .............................. 100,000

Scranton Cultural Center, PA .............................................................. 250,000

Shreveport Oakland Cemetery, LA ...................................................... 365,000

Sotterly Plantation (Manor House), MD .............................................. 220,000

Squire Earick House, KY ...................................................................... 150,000

State Theatre, NY .................................................................................. 150,000

Tinner Hill, VA ...................................................................................... 125,000

U.S. Air Force Museum (restoration of XC–99 aircraft), OH ............. 200,000

University of Missouri (Audubon’s ‘‘Birds of America’’), MO ............. 155,000

University of South Dakota Old Women’s Gym/Original Armory,

SD ........................................................................................................ 365,000

University of Vermont Morgan Horse Farm, VT ................................ 365,000

USS Alabama, AL .................................................................................. 250,000

Vermont Historical Society, Spaulding Grade School, Barre, VT ...... 365,000

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Project/State Amount

West Virginia State Museum—Civil War Regimental Flag Collection, WV .............................................................................................. 95,000

Wooster City Schools Administrative Building, OH ........................... 500,000

Total ............................................................................................. 15,000,000

CONSTRUCTION

The conference agreement provides $366,044,000 for construction instead of $349,249,000 as proposed by the House and

$338,585,000 as proposed by the Senate. Of this total, $66,851,000

is funded under the conservation spending category. The funds are

to be distributed as follows:

[In thousands of dollars]

Project Planning Construction

Abraham Lincoln Library, IL ............................................................................................................ .................... 8,000

Apostle Islands NL, WI (utility systems) ......................................................................................... .................... 436

Arches NP, UT (visitor center planning) ......................................................................................... 680 ....................

Assateague Island NS, MD (upgrade water treatment plant) ........................................................ .................... 550

Assateague Island NS, MD (Coastal Barrier Island Education Center environmental assessment) ........................................................................................................................................... 500 ....................

Big Bend NP, TX (sewer planning) ................................................................................................. 400 ....................

Big Cypress NPres, FL (rehabilitate trails) ..................................................................................... .................... 3,000

Blue Ridge Parkway, NC (rehabilitate/replace guardrails) ............................................................. .................... 3,796

Blue Ridge Parkway, Fisher Peak, VA ............................................................................................. .................... 1,000

Boston NHP, MA (rehabilitate Bunker Hill monument) ................................................................... .................... 3,751

Brown v. Board of Education NHS, KS (rehabilitate Monroe School) ............................................. .................... 2,475

Cane River Creole NHP, LA (Oakland Plantation stabilization and preservation) ......................... .................... 1,983

Cape Cod NS, MA (complete Salt Pond visitor center) .................................................................. .................... 710

Cape Cod NS, MA (Highlands Center water, fire, and septic systems) ......................................... .................... 775

Cape Hatteras NS, NC (complete lighthouse relocation project) ................................................... .................... 1,173

Chesapeake and Ohio Canal NHP, MD (stabilize Monocacy Aqueduct) ......................................... .................... 6,415

Chesapeake and Ohio Canal NHP, DC (preserve Georgetown waterfront masonry walls) ............. .................... 1,838

Colonial NHP, VA (preserve Poor Potter archaeological site) ......................................................... .................... 718

Cumberland Island NS, GA (restore chimneys) ............................................................................... .................... 450

Cuyahoga Valley NP, OH (rehabilitation and restoration) .............................................................. .................... 3,000

Dayton Aviation Heritage NHP, OH (Huffman & west exhibits) ...................................................... .................... 3,100

Delaware Water Gap NRA, PA (planning) ....................................................................................... 67 ....................

Denali NP&P, AK (entrance visitor facilities) .................................................................................. .................... 7,000

Downeast Heritage Center, ME (completion) .................................................................................. .................... 2,000

Everglades NP, FL (modified water delivery system) ...................................................................... .................... 19,199

Everglades NP, FL (Flamingo wastewater system) ......................................................................... .................... 4,192

Fort McHenry NM & HS, MD (repair historic seawall) .................................................................... .................... 1,480

Fort Washington Park, MD (repair masonry wall) ........................................................................... .................... 700

Franklin D. Roosevelt NHS, NY (construct FDR Library visitor center) ........................................... .................... 5,630

Gateway NRA, NJ (Sandy Hook access) ........................................................................................... .................... 2,346

Gateway NRA, NY (complete Jacob Riis Park rehabilitation) ......................................................... .................... 4,130

Gateway NRA, NY (Jacob Riis Park natatorium study) ................................................................... 200 ....................

George Washington Memorial Parkway, MD (complete rehabilitation of Glen Echo facilities) ...... .................... 2,400

George Washington Memorial Parkway, VA (rehab. Arlington House, outbuildings and grounds) .................... 1,562

Gettysburg NMP, PA (restore Cyclorama) ........................................................................................ .................... 2,500

Glacier NP, MT (Many Glacier Hotel emergency stabilization) ....................................................... .................... 4,500

Glacier NP, MT (Lake McDonald wastewater treatment) ................................................................ .................... 1,500

Glacier NP, MT (reconstruct Apgar District and Headquarters water system) .............................. .................... 5,485

Glacier Bay NP&P, AK (construct maintenance support facility) ................................................... .................... 4,233

Glen Canyon NRA, UT (Wahweap sewage system) ......................................................................... .................... 5,138

Golden Gate NRA, CA (Immigration Museum studies) ................................................................... 450 ....................

Golden Gate NRA, CA (Pier 2 seismic) ........................................................................................... .................... 13,000

Grand Canyon NP, AZ (rehabilitate South Rim comfort stations) .................................................. .................... 987

Great Basin NP, NV (visitor learning center planning and design) ............................................... 500 ....................

Great Smoky Mountains NP, TN (replace science facilities) .......................................................... .................... 4,703

Harpers Ferry NHP, WV (restoration and rehabilitation of train station) ....................................... .................... 1,890

Hispanic Cultural Center, NM (construction) .................................................................................. .................... 1,800

Hot Springs NP, AR (rehabilitation) ................................................................................................ .................... 2,000

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[In thousands of dollars]

Project Planning Construction

Independence NHP, PA (replace walkways) .................................................................................... .................... 966

Independence NHP, PA (utilities and exhibits at 2nd Bank) ......................................................... .................... 6,583

Jamestown NHS, VA (DCP/EIS, storage for collections) .................................................................. 795 ....................

Jean Lafitte NHP&P, LA (rehabilitate Decatur House & Chalmette Battlefield) ............................ .................... 500

John Adams Presidential Memorial, DC (planning) ........................................................................ 1,000 ....................

John Day Fossil Beds NM, OR (construct paleontological center and rehabilitate headquarters) .................... 8,421

John H. Chafee Blackstone River Valley NHC, RI & MA ................................................................. .................... 1,000

Keweenaw NHP, MI (restore historic Union Building) ..................................................................... .................... 2,500

Lava Beds NM, CA (replace visitor center) ..................................................................................... .................... 4,131

Little Bighorn Battlefield National Indian Memorial, MT ................................................................ .................... 2,300

Mesa Verde NP, CO (water systems) .............................................................................................. .................... 4,037

Mojave NPres, CA (Kelso exhibits) .................................................................................................. .................... 750

Morris Thomson Visitor and Native Cultural Center, AK ................................................................ .................... 1,500

Morristown NHP, NJ (rehabilitation) ................................................................................................ .................... 600

Mt. Rainier NP, WA (Guide House) .................................................................................................. 56 1,590

National Capital Parks-Central, DC (complete Jefferson Memorial rehabilitation) ........................ .................... 2,600

National Capital Parks-Central, DC (upgrade Ford’s Theater and Petersen’s House) ................... .................... 1,562

National Capital Parks-Central, DC (capitol concert canopy) ........................................................ .................... 950

National Center for the American Revolution, PA (development concept planning) ..................... 350 ....................

National Underground Railroad Freedom Center, OH ..................................................................... .................... 3,000

New River Gorge NR, WV (upgrade water system) ......................................................................... .................... 556

Niagara River & Gorge, NY (special resource study) ..................................................................... 300 ....................

Olympic NP, WA (Elwha River restoration) ...................................................................................... .................... 25,847

Palace of the Governors, NM (complete federal contribution to annex) ........................................ .................... 5,000

Petrified Forest NP, AZ (replace water line) ................................................................................... .................... 5,929

Point Reyes NS, CA (lighthouse access, utilities) .......................................................................... .................... 1,285

Puukohola Heiau NHS, HI (relocate maintenance facilities) .......................................................... .................... 837

Redwood NP, CA (remove failing roads) ......................................................................................... .................... 2,552

Saint Croix Island IHS, ME (provide basic facilities) ..................................................................... .................... 713

Saint Croix NSR, WI (visitor center planning) ................................................................................ 360 ....................

San Francisco Maritime NHP, CA (rehabilitate C.A. Thayer) .......................................................... .................... 4,639

Sequoia NP, CA (complete restoration of Giant Forest) ................................................................. .................... 1,480

Shiloh NMP Corinth Civil War Interpretive Center, MS (complete construction) ............................ .................... 3,062

Southwestern Pennsylvania IHR, PA (rehabilitation) ...................................................................... .................... 3,000

Statue of Liberty NM, (Ellis Island, NJ seawall repair planning) ................................................... 600 ....................

Stones River NB, TN (rehabilitation) ............................................................................................... .................... 2,900

Timucuan Ecological and Historic Reserve, FL (visitor access, signs and exhibits) ..................... .................... 500

Tumacacori NHP, AZ (relocate maintenance and administrative facilities) .................................. .................... 944

Tuskegee Airmen NHS, AL (Moton Field rehabilitation and restoration) ........................................ 1,000 ....................

Ulysses S. Grant NHS, (restore historic structures) ........................................................................ .................... 5,200

Vancouver NHR, WA (Barracks repairs) .......................................................................................... .................... 1,500

Vicksburg NMP, MS (Mint Spring stabilization) .............................................................................. .................... 920

White House, DC (structural and utility rehabilitation) .................................................................. .................... 6,500

Wilson’s Creek NB, MO (rehabilitation) ........................................................................................... .................... 250

Wrangell St. Elias NP&P, AK (exhibits) ........................................................................................... .................... 700

Yellowstone NP, WY (replace Norris water and wastewater treatment facilities) ......................... .................... 2,008

Yellowstone NP, WY (replace deficient collections storage & build collections management facility) ........................................................................................................................................... .................... 7,224

Subtotal .............................................................................................................................. 7,258 268,081

Grand Subtotal, planning and construction ...................................................................... .................... 275,339

Emergency and Unscheduled Projects ............................................................................................ .................... 3,500

Housing Replacement ...................................................................................................................... .................... 12,500

Dam Safety ...................................................................................................................................... .................... 2,700

Equipment Replacement .................................................................................................................. .................... 17,960

Construction Planning, Pre-design and Supplementary Services ................................................... .................... 25,400

Construction Program Management and Operations ...................................................................... .................... 17,405

General Management Planning ....................................................................................................... .................... 11,240

Subtotal .............................................................................................................................. .................... 90,705

Total, NPS Construction ................................................................................................................... .................... 366,044

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The managers have not included the $4,972,000 for utilities

and campground replacement at Acadia National Park because the

funds cannot be obligated until 2003. However, the managers are

strongly supportive of this project and intend to provide these

funds in fiscal year 2003. The managers have included $680,000 to

initiate planning for a visitor center at Arches National Park in

Utah. The Service is directed to complete this project for

$6,800,000 including all design, construction and exhibits. The

funds provided for a memorial commemorating President John

Adams are for planning and design, in cooperation with non-Federal partners. The managers have included $500,000 in planning to complete

an environmental assessment for proposed visitor education centers

at Assateague Island National Seashore. The managers are aware

of proposals for two separate facilities that would be constructed in

close proximity to one another at this location. The park has advocated for a new 7,000 square foot Barrier Island Education Center;

and the State of Maryland, in partnership with the park, has proposed an 11,000 square foot Coastal Ecology Learning Center. The

managers are concerned about the potential duplication of efforts

in these proposed facilities, as well as both the construction and

operational costs. The preliminary cost estimate for the proposed

park facility alone is $9,500,000. The managers strongly encourage

the park and its partners to develop a comprehensive program that

addresses and prioritizes the proposed program requirements and

reduces the overall scope and cost of the consolidated project. Combining these two efforts into one facility will save both Federal and

State resources. The managers expect the Service to report to the

House and Senate Committees on Appropriations prior to the obligation of any funds for construction of this project. This is not a

commitment to fund this project in the future.

Although the conference agreement contains no specific funding for the Stiltsville project in Biscayne National Park, as soon as

the Service assumes direct responsibility for the structures the

managers expect the Service to allocate such repair and rehabilitation funds as are necessary to maintain properly the structures in

a manner consistent with the management policy that is adopted.

The managers have included $775,000 for the Highlands Center in the Cape Cod National Seashore to accomplish core utility

system replacement at the closed North Truro Air Force Station.

The potable water and fire suppression systems will be repaired

and the septic facilities will be replaced to prepare for the conversion of the station into the Highlands Center. The Center is a cooperative effort between the National Park Service and other public

and private groups and will serve as the focal point for environmental sciences, traditional Cape Cod culture, and the arts for the

public on Cape Cod. The total Federal investment for infrastructure improvements will be $2,500,000; the balance will be raised

through private sources.

The managers have agreed to provide $1,000,000 towards the

construction of a music center at Fisher Peak in the Blue Ridge

Parkway. The managers direct that the $500,000 in unobligated

balances from the Fisher Peak amphitheater funding, appropriated

by the Committees in fiscal year 1998, be reprogrammed to this

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project. These funds complete the National Park Service commitment to this project. Both the House and Senate bills included $6,000,000 for stabilization of the Many Glacier Hotel at Glacier National Park. The

managers have agreed to reallocate $1,500,000 of these funds to

complete the wastewater treatment system at Lake McDonald, the

cost of which is higher than original estimates due to design modifications required to comply with State and Federal treatment requirements. The remaining $4,500,000 provided for Many Glacier

stabilization are sufficient to complete the most urgently needed repairs. The managers note that this reallocation of funds will have

no impact on the expected ability of the Hotel to open for the 2002

season, and will in no way enhance the concessionaire’s possessory

interest in the Hotel. The managers encourage the Service to continue working with interested parties to resolve the question of

possessory interest, and to address other issues that require resolution in order to ensure the restoration and continued operation of

the Hotel.

The managers have included $2,000,000 for the Downeast Heritage Center in Maine. This completes the Federal commitment to

this project. The managers have provided $700,000 for restoration

work at Fort Washington Park in Maryland. The managers direct

that the balance of the funds to complete this project be provided

from unobligated 2001 funds available to the park. Included in the conference report is $4,130,000 to complete the

Jacob Riis Park bathhouse facilities at Gateway NRA in New York.

The conference report includes $200,000 for a feasibility study at

Gateway NRA that should: (1) evaluate the demand for a yearround swimming pool at Jacob Riis Park; (2) determine the costs

of constructing and operating such a facility; (3) identify viable

funding options for the project (including concessions, third party

contributions, partnerships, leasing opportunities etc.); and (4) assess the economic impact of alternative development sites at Riis

Park. The managers remind the Service that funding for the feasibility study is not a commitment for future construction.

The managers have included $795,000 in planning for improvements associated with the upcoming 400th anniversary of the settlement at Jamestown, VA. These funds are to be used to complete

the development concept plan and environmental impact statement

initiated with funding provided in fiscal year 2001, and to conduct

planning for the proposed collections storage building for the NPS

collection and the associated access road. None of the funds are to

be used to initiate planning associated with demolition or rehabilitation of the existing visitor center nor with planning for any other

new facilities, which might be envisioned for Jamestown. The Service should report to the House and Senate Committees on Appropriations by April 1, 2002 on the private fundraising effort.

The managers have included $500,000 for the planning and design of a visitor learning center at Great Basin National Park, NV.

The total Federal share for the center is not to exceed $4,200,000,

including the planning and design funds.

The conference report includes $1,500,000 for the construction

of the Morris Thomson Visitor and Native Cultural Center in Alaska. It is the intent of the managers that the National Park Service

91

commitment to this project will not exceed $10,000,000 including

planning, construction, furnishings and exhibits. The managers have included $600,000 to complete planning at Morristown NHP in New Jersey. A total of $3,200,000 will be required in fiscal year 2003 to complete the Federal share of this

project. Also included is $350,000 to develop a concept plan for the National Center for the American Revolution. This funding is not a

guarantee of a future Federal commitment, and it is the intent of

the managers that the Center be mostly funded through private

sources.

The $300,000 included for a Niagara River and Gorge special

resource study is subject to authorization. The managers have included $5,000,000 for the Palace of the Governors. This completes

the Federal commitment to this project. The conference agreement

provides $3,062,000 to complete the Shiloh NMP visitor facility. The conference agreement provides $1,000,000 for planning the

rehabilitation of Moton Field at the Tuskegee Airmen National Historic Site. Before making these funds available for obligation, the

managers direct the Service to consult with the House and Senate

Committees on Appropriations in order to define better the overall

scope, cost and timing of the project. The managers note that the $1,500,000 appropriation for preservation of the barracks at the Vancouver National Historic Reserve exceeds the currently authorized amount. Further appropriations for this project will not be considered unless the authorization

is increased.

The managers have included $250,000 to complete the Wilson’s

Creek National Battlefield. This completes federal funding for this

project.

The managers direct the National Park Service to contract

with the National Academy of Public Administration to conduct a

review of how effectively the Service has implemented the recommendations of the Academy’s 1998 report on reforms to the

Service’s construction program, including the Denver Service Center operations.

The managers have consolidated the pre-design, supplementary services, and planning activities into one activity. The

managers understand that the National Park Service will still

track spending in each of these categories separately to ensure that

the NAPA guidelines are followed. This consolidation will not affect

the planning requirements of projects that will be worked on, but

rather, contribute to the appropriate accounting of funds in support

of projects appropriated or scheduled in the five year construction

plan, while allowing sufficient flexibility to direct funds to the appropriate planning category.

The managers urge the NPS to include sufficient funds in the

fiscal year 2003 budget request for necessary repairs and improvement of facilities at the Wright Brothers National Memorial in

North Carolina in preparation for the First Flight Centennial Celebration.

Within the amount provided for Cuyahoga National Park, the

managers have provided $200,000 for a platform and station at the

south terminus of the Cuyahoga Valley Scenic Railroad. TwentyVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00091 Fmt 6601 Sfmt 6601 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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four miles of the railroad run through the national park and addition of the platform and station will enhance the experience of park

visitors.

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The conference agreement rescinds the contract authority provided for fiscal year 2002 by 16 U.S.C. 460l–10a as proposed by

both the House and the Senate.

LAND ACQUISITION AND STATE ASSISTANCE

The conference agreement provides $274,117,000 for land ac- quisition and State assistance instead of $261,036,000 as proposed

by the House and $287,036,000 as proposed by the Senate. Funds

should be distributed as follows:

Area (State) Amount

Adams National Historic Park (MA) .................................................... $2,000,000

Blue Ridge Parkway (NC/VA) ............................................................... 1,000,000

Brandywine Battlefield (PA) ................................................................. 1,500,000

Civil War Battlefields ............................................................................ 11,000,000

Cumberland Gap NHP (Fern Lake) (KY/VA) ...................................... 500,000

Cumberland Gap NHP (KY/VA) ........................................................... 100,000

Cuyahoga Valley NP (OH) .................................................................... 1,000,000

Dayton Aviation Heritage NHP (OH) .................................................. 750,000

Delaware Water Gap NRA (PA/NJ) ..................................................... 700,000

Denali NP & P (AK) .............................................................................. 1,200,000

Ebey’s Landing NHR (WA) ................................................................... 1,000,000

Everglades—Grant to the State of Florida .......................................... 15,000,000

Everglades—Modified Water Delivery Project .................................... 16,000,000

Fort Smith NHS (AR/OK) ..................................................................... 850,000

Fort Sumter NM (SC) ............................................................................ 1,750,000

Fort Union Trading Post NHS (ND) .................................................... 100,000

Fredericksburg & Spotsylvania County Battlefields Memorial NMP

(VA) ..................................................................................................... 2,000,000

Golden Gate NRA (Mori Point) (CA) .................................................... 2,500,000

Grand Teton NP (Resor Ranch) (WY) .................................................. 3,500,000

Great Sand Dunes NM&P (CO) ............................................................ 2,000,000

Greenbelt Park (Jaeger Tract) (MD) .................................................... 1,000,000

Guilford Courthouse NMP (NC) ........................................................... 800,000

Gulf Islands NS (Cat Island) (MS) ....................................................... 9,000,000

Hawaii Volcanoes NP (HI) .................................................................... 6,000,000

Ice Age NST (WI) ................................................................................... 3,000,000

Indiana Dunes NL (IN) ......................................................................... 2,000,000

Keweenaw NHP (MI) ............................................................................. 800,000

Lowell NHP (MA) .................................................................................. 857,000

Mississippi NRRA (Riverview) (MN) .................................................... 850,000

Moccasin Bend (Rock-Tenn and Serodino tracts) (TN) ....................... 1,000,000

Morristown NHS (NJ) ........................................................................... 750,000

New River Gorge NR (WV) ................................................................... 6,800,000

Nez Perce NHP (Canoe Camp and Weippe Prairie) (ID) ................... 1,500,000

Olympic NP (WA) .................................................................................. 1,210,000

Puuhonua O Honaunau NHP (HI) ....................................................... 500,000

Saguaro NP (AZ) .................................................................................... 4,000,000

Sand Creek Massacre NHS (CO) .......................................................... 800,000

Santa Monica Mtns. NRA (Upper Ramirez Canyon) (CA) ................. 1,000,000

Shenandoah Valley Battlefields NHD (VA) ......................................... 1,200,000

Sleeping Bear Dunes NL (MI) .............................................................. 1,100,000

Timucuan Ecological and Historic Preserve (FL) ................................ 1,000,000

Vicksburg NMP (Pemberton HQ) (MS) ................................................ 500,000

Subtotal ........................................................................................ 110,117,000

Emergency & Hardship ......................................................................... 4,000,000

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Area (State) Amount

Inholdings & Exchanges ....................................................................... 4,000,000

Acquisition Management ....................................................................... 12,000,000

Stateside Grants .................................................................................... 140,000,000

Administrative Assistance to States .................................................... 4,000,000

Total ............................................................................................. 274,117,000

The managers agree to the following revision to the reprogramming guidelines for the National Park Service only. Lands shall not

be acquired for more than the approved appraised value (as addressed in section 301(3) of Public Law 91–646) except for condemnations and declarations of taking and tracts with an appraised value of $500,000 or less, unless such acquisitions are submitted to the Committees on Appropriations for approval in compliance with established procedures.

The managers have not provided funding for Fuez conservation

easements at the Grand Teton NP, as proposed by the Senate. Instead, the managers have provided funding for the Fuez conservation easements in the Forest Service land acquisition account

under the Bridger-Teton NF.

The managers have provided $1,200,000 for the acquisition of

the Weiler property at Denali NP. The National Park Service is directed to use the Bureau of Land Management as the appraiser of

the property. The appraisal shall take into consideration the value

of surface and subsurface rights, mineral rights, and any other development rights attendant with the property in accordance with

applicable appraisal standards.

The funds included for Cumberland Gap NHP (Fern Lake),

Moccasion Bend NHS, Puuhonua o Honaunau NHP and Vicksburg

NMP are subject to authorization.

The conference agreement provides $1,000,000 for the Ebey’s

Landing National Historical Reserve. The managers direct that

this sum, together with any unexpended funds from the fiscal year

2001 appropriation for Ebey’s Landing, shall first be used to complete the purchase of the Pratt Estate properties. If any funds remain after the Pratt Estate properties have been acquired by the

National Park Service, they may be used for acquisition of such

other properties as the Service finds desirable.

The funds included for Greenbelt Park are subject to a nonFederal match.

The managers direct that $400,000 of the unobligated

$2,400,000 currently available at the Petroglyph NM be used to

conduct a boundary survey of that monument. The managers understand that this may ultimately mean that additional funds are

required to complete acquisitions at Petroglyph NM.

ADMINISTRATIVE PROVISIONS

The managers have agreed to language contained in the House

bill, which allows the Service to convey a leasehold or freehold interest in Cuyahoga NP, OH to allow for the development of utilities

and parking needed by Everett Church within the national park.

94

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The conference agreement provides $914,002,000 for surveys, investigations, and research instead of $900,489,000 as proposed by

the House and $892,474,000 as proposed by the Senate. Within this

amount, $25,000,000 is from the conservation spending category.

Changes to the House for the national mapping programs in- clude increases of $3,000,000 for Landsat 5 operations, $300,000 for

the civil applications program, and $300,000 for urban dynamics,

and a decrease of $996,000 for internet access.

Changes to the House for geology programs include increases of $1,000,000 for volcanic hazard equipment in Shemya, Alaska,

$1,500,000 for the minerals at risk program, $500,000 for coastal

erosion in North Carolina, $500,000 for land subsidence in Louisiana, $299,000 for Lake Mead studies, $450,000 for geologic mapping for Lake Mojave, and $474,000 for Yukon Flats geology surveys, and a decrease of $100,000 for the advanced seismic network.

Changes to the House for water resources include increases of $200,000 for a Berkley Pit study in Montana, $299,000 for the

Lake Champlain toxic study, $499,000 for Hawaiian water monitoring, $5,000 for the Southern Maryland aquifer study, and

$195,000 for the Noyes Slough study in Alaska, and decreases of

$596,000 for the National Water Quality Assessment program, and

$296,000 for water information and delivery.

The managers concur with the House direction to contract with

the National Academy of Sciences to examine water resources research funded by all Federal agencies and by significant non-Federal organizations. Based on information that the managers have

received, it appears that water resources research is not well coordinated. The managers therefore direct that the Academy primarily consider the level and allocation of resources that are currently deployed in water research programs, both Federal and nonFederal, and provide recommendations for a national research program that maximizes the efficiency and effectiveness of existing

programs. While the primary focus of this study deals with the existing research agenda, the managers would like an answer to the

question of whether the Nation is making an adequate level of investment in water resources research.

Increases above the House for biological research include

$400,000 for the Leetown science center, $300,000 for the Columbia

environmental research center for pallid sturgeon studies, $250,000

for Chesapeake Bay terrapin research, $500,000 for a NBII Hawaii

node, $180,000 for a Yukon River chum salmon study, $500,000 for

biological information management and delivery, $50,000 for an Atlantic Salmon restoration study at the Tunison laboratory, and

$748,000 for the continuation of the Mark Twain National Forest

mining study to be accomplished in cooperation with the water resources division and the Forest Service.

Changes to the House for facilities include increases of

$2,000,000 for phase one of the Leetown research center expansion,

and $2,250,000 for the Center for Coastal Geology in Florida, and

decreases of $300,000 for Leetown research center design and

$898,000 for uncontrollable costs.

95

The funding provided for the construction of the Center for

Coastal Geology in St. Petersburg, Florida is for a cooperative effort between the Survey and the St. Petersburg Downtown Partnership. The Partnership is providing a two-to-one match for the costs

of constructing this science facility.

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

The conference agreement provides $150,667,000 for royalty and offshore minerals management instead of $149,867,000 as proposed by the House and $151,933,000 as proposed by the Senate.

Changes to the House for royalty and offshore minerals man- agement include increases of $800,000 for the Center for Marine

Resources, and $800,000 for the Marine Mineral Technology Center

in Alaska, and a decrease of $800,000 as a transfer to the Inspector

General for Bureau audits.

The managers have again provided $1,400,000 to the Offshore

Technology Research Center to perform research for MMS through

the cooperative agreement dated June 18, 1999.

The managers have agreed to the Senate proposed language

for the royalty-in-kind program instead of the House language. The

House language requiring that revenues be equal to or greater

than royalty-in-value as determined by the regulations of March

15, 2000 has been dropped.

OIL SPILL RESEARCH

The conference agreement provides $6,105,000 for oil spill re- search as proposed by the House instead of $6,118,000 as proposed

by the Senate.

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

The conference agreement provides $102,800,000 for regulation and technology instead of $102,900,000 as proposed by the House

and $102,144,000 as proposed by the Senate. Funding for the activities should follow the House recommendation except that the

conference agreement reduces executive direction funding by

$100,000 as proposed by the Senate; this transfers funds for external audits to the Inspector General’s office. The Senate proposal to include $98,000 for fixed costs is not included. An additional

$275,000 is estimated to be available for use from performance

bond forfeitures.

ABANDONED MINE RECLAMATION FUND

The conference agreement provides $203,455,000 for the abandoned mine reclamation fund instead of $203,554,000 as proposed

by the House and $203,171,000 as proposed by the Senate. Funding

for the activities should follow the House recommendation except

that the conference agreement reduces executive direction funding

by $99,000 as proposed by the Senate; this transfers funds for external audits to the Inspector General’s office. The Senate proposal

to include $57,000 for fixed costs is not included. The managers

96

have also included the House proposed bill language for minimum

program States and the Senate proposed bill language continuing

language carried in previous years dealing with certain aspects of

the State of Maryland program.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

The conference agreement provides $1,799,809,000 for the op- eration of Indian programs instead of $1,790,781,000 as proposed

by the House and $1,804,322,000 as proposed by the Senate.

There is a decrease below the House for tribal priority alloca- tions of $1,675,000 for self-governance compacts.

Changes to the House level for other recurring programs in- clude increases of $2,000,000 for tribally controlled community colleges, $500,000 for Washington shellfish, and $150,000 for the Nez

Perce rare species program, and a decrease of $45,000 for tribal

management and development programs. None of the funds for

Washington shellfish can be used to support access onto private

lands by tribal fishers for their harvest purposes.

Increases above the House for non-recurring programs include $1,700,000 for the distance learning program in Montana, $500,000

for the Cheiron Foundation physician training program for rural

and underserved education and outreach, $500,000 for a rural Alaska fire program, $350,000 for oil and gas permitting for the Uintah

and Ouray agency, $400,000 for the tribal guiding program in Alaska, $326,000 for Cheyenne River Sioux prairie management, and

$146,000 for Alaska legal services.

The managers believe that the aim of the Cheiron Foundation

to utilize distance learning technology to train physicians’ assistants and nurses to serve Native American communities is extremely promising. The managers expect the Foundation to focus

the funding provided from this account on the aspects of the project

that will bring the most benefit to Native American students and

tribal communities, while pursuing other sources of funding to enhance the overall project.

There is an increase above the House for central office operations of $1,000 for general administration/policy.

Increases above the House for special programs and pooled

overhead include $250,000 for enhancements to the Pomo Indian

exhibits at the Grace Hudson Museum in Ukiah, California,

$250,000 for the Alaska market access program, $509,000 for the

United Tribes Technical College, $250,000 for the United Sioux

Tribe Development Corporation, $100,000 for the Ponca Tribe development plan, $1,200,000 for the Crownpoint Institute,

$1,000,000 for the Yuut Elitnauviate, and $1,000,000 for an Alaska

native aviation training program. The Bureau is directed to report

to the Committees regularly regarding the expenditure of the funds

provided for the native aviation training program and development

of the program, including the partners involved, the number of pilots to be trained, out-year financing alternatives and other pertinent information.

The managers are concerned that the Bureau has shown little

progress in addressing the land issues of the Canoncito Band of

97

Navajos. The managers direct the Bureau to accelerate its efforts

to open, at least, a part time office at Canoncito, New Mexico.

CONSTRUCTION

The conference agreement provides $357,132,000 for construc- tion as proposed by the House instead of $360,132,000 as proposed

by the Senate. The managers have not provided $3,000,000 for the

tribal school construction demonstration program as proposed by

the Senate. The managers support the goal of this demonstration

program and have been approached by a number of tribes regarding additional funding following the demonstration’s success in removing schools from the BIA priority list. While budgetary constraints have forced the managers to adopt the House proposal, the

managers recommend that the Bureau of Indian Affairs continue

the demonstration project as part of the President’s fiscal year

2003 budget request.

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

The conference agreement provides $60,949,000 for Indian land

and water claim settlements and miscellaneous payments to Indians as proposed by the House and the Senate.

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

The conference agreement provides $4,986,000 for the Indian

guaranteed loan program as proposed by the House and the Senate.

DEPARTMENTAL OFFICES

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

The conference agreement provides $78,950,000 for assistance

to territories instead of $72,289,000 as proposed by the House and

$76,450,000 as proposed by the Senate. The managers have agreed

to Compact impact assistance funding increases above the levels

proposed by the House of $4,000,000 for Hawaii and $1,000,000

each for Guam and the Commonwealth of the Northern Mariana

Islands. The managers acknowledge the May 30, 2001, letter and

report by the Secretary of the Interior concerning compact impact

and therefore the Administration is encouraged to see that negotiations on the continuation of the Compacts are concluded in a timely

fashion and to provide for future compact impact payments out of

the available mandatory compact payments. The managers agree

that the Secretary should ensure that representatives of Hawaii

are consulted during the upcoming Compact renegotiations process

so the impact to Hawaii of migrating citizens from the freely associated states is appropriately considered. The conference agreement

also includes the $200,000 for a utility privatization study in the

U.S. Virgin Islands as proposed by the House, and the full funding

level and bill language proposed by the Senate for the U.S. Virgin

Islands FEMA loan repayment. The conference agreement retains

the House proposed bill language concerning compensation for

98

American Samoa High Court Justices and the House proposed report language concerning potential withholding of American Samoa

operations funding.

COMPACT OF FREE ASSOCIATION

The conference agreement provides $23,245,000 for the Compact of Free Association as proposed by both the House and the

Senate.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The conference agreement provides $67,741,000 for salaries

and expenses for departmental management, instead of

$55,177,000 as proposed by the House and $67,541,000 as proposed

by the Senate. Funds should be distributed as follows:

Departmental direction ......................................................................... $12,964,000

Management and coordination ............................................................. 24,905,000

Hearings and appeals ............................................................................ 8,559,000

Central services ..................................................................................... 20,425,000

Bureau of Mines workers compensation/unemployment .................... 888,000

Total ............................................................................................. 67,741,000

The managers concur with the concerns expressed in the Senate report regarding the capability, capacity, accuracy and security

of departmental information systems. The managers are particularly concerned about information security weaknesses that have

been identified by both the Inspector General and the General Accounting Office, and believe the Department should take immediate

steps to address these weaknesses. The most efficient and effective

means of improving information security will likely be through department-wide solutions, but individual program managers should

also work in conjunction with the Department’s Chief Information

Officer to develop short and long term plans to address

vulnerabilities that have been identified. Program managers must

also be held accountable for ensuring that computer security is adequately implemented within their areas of responsibility. Methods

to establish this accountability should include performance reviews,

administrative sanctions for non-compliance, or adjustments in program funding if necessary.

The managers direct the Department of the Interior to study

the viability of establishing an Enterprise Management Center to

facilitate the Department’s objective for budget and performance

integration using financial information technology within the bureaus. As part of the review, the Department should consider which

bureaus might benefit from being part of an initial pilot project.

The managers expect this report to be forwarded to the House and

Senate Committees on Appropriations by March 1, 2002.

The managers note that they have received numerous budget

requests and reprogramming requests from the Federal land management agencies to purchase updated wireless communication infrastructure. In light of the Federal Communication Commission’s

ongoing review of spectrum allocations for wireless technologies,

and the Government Accounting Office’s current compilation of information for reports to Congress on this subject, the managers are

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concerned that substantial investments in wireless technologies

may become obsolete due to imminent policy decisions regarding

spectrum reallocation. The managers urge the agencies, whenever

possible, to purchase equipment that can be reprogrammed to meet

future spectrum allocations, and to purchase equipment that does

not interfere with current emergency radio and GPS based systems.

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

The conference agreement provides $45,000,000 for salaries

and expenses of the Office of the Solicitor as proposed by the House

instead of $44,074,000 as proposed by the Senate. Funds should be

distributed as follows:

Legal services ......................................................................................... $37,276,000

General administration ......................................................................... 7,724,000

Total ............................................................................................. 45,000,000

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The conference agreement provides $34,302,000 as proposed by the Senate instead of $30,490,000 as proposed by the House. Funds

should be distributed as follows:

Audit ....................................................................................................... $18,680,000

Investigations ......................................................................................... 6,763,000

Policy & Management ........................................................................... 7,402,000

Program Integrity .................................................................................. 1,457,000

Total ............................................................................................. 34,302,000

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

The conference agreement provides $99,224,000 for Federal

trust programs as proposed by the House and Senate.

The managers wish to clarify the language included in the

House report with respect to funding for an historical accounting.

The managers note that both the House and Senate have provided

the funds requested by the Administration for an historical accounting. However, the managers remain very concerned about the

costs associated with such an accounting. Therefore, these funds

may not be allocated prior to the report requested by the Committees detailing the methods and costs associated with an historical

accounting.

The managers reiterate the position that they will not appropriate hundreds of millions of dollars for an historical accounting

that provides funds for a protracted reconciliation process whose

outcome is unlikely to be successful. If the Department, working

with the plaintiffs and the Court, cannot find a cost effective method for an historical accounting, the Congress may have to consider

a legislative remedy to resolve this and other litigation related

issues.

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INDIAN LAND CONSOLIDATION

The conference agreement provides $10,980,000 for Indian land

consolidation programs as proposed by the House and the Senate.

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

The conference agreement provides $5,497,000 for the natural

resource damage assessment fund as proposed by the House instead of $5,872,000 as proposed by the Senate. The managers agree

that, to the extent a national data management system is needed,

funding for such a system should be addressed within the context

of the fiscal year 2003 budget.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

The conference agreement includes sections 101, 103 through

106, and 108 through 111, which were identical in both the House

and the Senate bills.

The conference agreement includes sections 113, 115, 116, 118,

121, 122, 123, 124, 125, and 126, which contained identical text in

both the House and Senate bills, but the section numbers were different in the Senate bill.

Section 102 retains the text of section 102 as proposed by the

Senate. Section 102 as proposed by the House had identical language as the Senate except for a grammatical difference of not

spelling out ‘‘thirty days’’. Section 107 retains the text of Senate section 107, which prohibits the Department of the Interior from using funds to conduct

offshore preleasing, leasing and related activities in those areas

under the June 12, 1998, moratorium. House section 107 had identical language except for omitting the term ‘‘preleasing’’. Section 112 retains the language of House section 112 that prohibits the National Park Service from developing a reduced entrance fee program to accommodate non-local travel through a unit

of the Park system. The Senate had no similar provision.

Section 114 modifies language proposed by the House and by

the Senate (in section 113 of the Senate bill) dealing with grazing

on BLM lands. The modification extends traditional grazing use on

Federal lands managed by the National Park Service at Lake Roosevelt National Recreation Area in eastern Washington.

Section 117 retains the language of House section 117 continuing a provision carried in previous years placing a limitation on

establishment of a Kankakee NWR in Indiana and Illinois that is

inconsistent with the U.S. Army Corp of Engineers’ efforts to control flooding and siltation. The Senate had no similar provision.

The managers understand that this issue will be resolved shortly

and this provision will not be carried in future years.

Section 119 retains the text of House section 119, which provides for the protection of lands at Huron Cemetery, KS. Section

117 as proposed by the Senate has identical text, with the exception of a difference in the use of punctuation.

Section 120 retains the text of section 120 as proposed by the

House which continues a provision carried last year prohibiting the

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study or implementation of a plan to drain Lake Powell, or to reduce the water below that required to operate Glen Canyon Dam.

The Senate had no similar provision.

Section 127 retains the text of section 124 as proposed by the

Senate, which authorizes the Secretary of the Interior to use helicopters or motor vehicles to capture and transport horses and burros at the Sheldon and Hart NWRs. The House had no similar provision.

Section 128 modifies the text of section 126 as proposed by the

Senate clarifying that the lands taken into trust for the Lytton

Rancheria of California are still subject to all of the provisions of

Public Law 100–497 and, in particular with respect to Class III

gaming, the compact provisions of section 2710(d) or any relevant

Class III gaming procedures. The managers further recognize that

nothing in section 819 of Public Law 106–568 should be construed

as permitting off reservation gaming by Indian tribes except in

compliance with all relevant provisions of Public Law 100–497.

Section 129 retains the text of section 127 as proposed by the

Senate, which renames Moore’s Landing at the Cape Romain NWR

in South Carolina as ‘‘Garris Landing.’’ The House had no similar

provision.

Section 130 makes technical modifications to language proposed by the Senate in section 130 regarding cruise ship entries at

Glacier Bay National Park and Preserve.

Section 131 retains the text of Senate section 131, which prevents the use of funds for the transfer of land on South Fox Island,

Michigan without Congressional approval. The House had no similar provision. This section allows the Department of the Interior to

continue working on processes pursuant to NEPA, including preparation of an EIS on the proposed land exchange, analysis of the

State’s proposal and a range of alternatives, and consideration of

public input. Absent a showing that the agencies have not complied

with NEPA, the managers, at this time, do not intend to include

this or similar restrictions next year. This language affects current

regulatory and legal processes, which are sufficient to protect the

environment and the public’s interests, by unnecessarily preventing

the U.S. Fish and Wildlife Service and the National Park Service

from releasing a record of decision on the proposed land exchange

until Congress passes a law authorizing the exchange.

Section 132 includes language, agreed to in previous years, authorizing the transfer of Federal land acquisition funds for Brandywine Battlefield, Mississippi National River and Recreational Area,

Shenandoah Valley National Historic District, and Ice Age National Scenic Trail.

Section 133 makes a technical change to Public Law 106–568

regarding land transfer boundaries.

Section 134 clarifies that the Secretary of the Interior has the

authority to determine whether Indian lands constitute a reservation. Nothing in this section shall be construed to permit gaming

on the lands described in section 123 of Public Law 106–291.

Section 135 makes a technical correction to the Black Rock

Desert-High Rock Canyon Emigrant Trails National Conservation

Area Act, Public Law 106–554.

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The conference agreement does not include language proposed

by the Senate in section 125 permitting the transfer of funds between State grant programs managed by the U.S. Fish and Wildlife

Service and the National Park Service.

The conference agreement does not include the text of Senate

section 128, which prevents the use of funds for mineral leasing

and related activities in national monuments. This issue is addressed in Title III where the House language addressing this issue

is retained.

The conference agreement does not include language proposed

by the Senate in section 129 that would have expanded the special

resource study area for Loess Hills in Iowa, or in section 132 dealing with the Pechanga Band of Indians, or in section 133 regarding

Coastal Impact Assistance.

TITLE II—RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

The conference agreement provides $241,304,000 for forest and

rangeland research instead of $236,979,000 as proposed by the

House and $242,822,000 as proposed by the Senate. Changes from

the House bill include $475,000 for the Forest Products Lab lumber

salvage research, WI, $500,000 for the Center for Bottomlands research, MS, $175,000 for applied research in the hardwood region

of Pennsylvania and nearby areas, and $4,000,000 for Forest Inventory and Analysis (FIA). The conference agreement does not include

the House proposed increase of $1,250,000 above the request for

FIA and the managers agree that the Forest Service should not follow the House report instructions concerning the FIA program

under this heading or under the national forest system heading.

The conference agreement does not include the Senate proposal to

add funds for fixed costs but it does include the Senate proposed

general reduction below the House of $175,000. The conference

agreement includes the House proposed increases for Bent Creek,

NC, urban forestry research at Syracuse, NY, and Davis, CA, and

Coweeta watershed research, NC. The conference agreement provides that the Northeastern States Research Cooperative, as authorized in Public Law 105–185, receive $2,000,000, $600,000 above

the request. Of this amount, $1,000,000 should go to ecosystem research at the Hubbard Brook Project of the Forest Service Northeastern research station, NH, and $1,000,000 should go to the

Vermont George Aiken School of Natural Resources for collaborative research with Forest Service scientists and other cooperators

on economic development, forest management, and forest product

research. The managers direct the Forest Service to maintain the

research related presence at the former Intermountain Research

Station at, or above, the current level, including the position of Assistant Station Director.

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STATE AND PRIVATE FORESTRY

The conference agreement provides $291,221,000 for State and private forestry instead of $277,771,000 as proposed by the House

and $287,331,000 as proposed by the Senate. These funds include

$101,000,000 within the conservation spending category for forest

legacy, and urban and community forestry as proposed by the Senate instead of $104,000,000 as proposed by the House. The conference agreement provides $43,304,000 for Federal

lands forest health management as proposed by the House,

$25,000,000 for cooperative lands forest health management as proposed by the Senate, $25,310,000 for State fire assistance as proposed by the House, and $5,053,000 for volunteer fire assistance as

proposed by both the House and the Senate. The conference agreement also includes additional funds for State fire and volunteer fire

assistance as part of the national fire plan funding within the

wildland fire management account. The conference agreement includes $33,171,000 for forest stew- ardship instead of $32,941,000 as proposed by the House and

$33,268,000 as proposed by the Senate. The only change from the

House proposal for forest stewardship is the addition of $230,000

for the Chesapeake Bay program as proposed by the Senate. The

conference agreement also includes $3,000,000 for the stewardship

incentives program instead of $8,000,000 as proposed by the House.

This allocation is not derived from the conservation spending category as proposed by the House. The managers direct the Forest

Service to target the stewardship incentives program funds for nonFederal forestlands impacted by, or at immediate risk from, major

forest pests such as gypsy moth and the southern pine beetle. The

managers intend the stewardship incentives program to be administered by the Forest Service with cost-share payments to landowners to be provided by the State foresters or an equivalent State

official.

The conference agreement includes $65,000,000 for the forest

legacy program as proposed by the Senate instead of $60,000,000

as proposed by the House. This allocation is derived from the conservation spending category. The conference agreement provides

specific funding levels for high priority projects and also provides

$22,135,000 for the Forest Service to allocate to other projects and

to cover the costs of Forest Service technical assistance, program

administration, and State needs assessments and planning. The

conference agreement has modified bill language proposed by the

House and the Senate concerning approval of the Forest Service

project selection. The conference agreement now requires the Forest Service to notify the House and Senate Committees on Appropriations in advance of undertaking specific forest legacy projects.

The managers note the recent revision to the Puerto Rico forest

legacy program standards and accordingly direct the Forest Service

not to follow the House direction concerning this program in Puerto

Rico. The conference agreement includes the following distribution

of funds for the forest legacy program:

Project/State Conference

Adirondack Lakes, NY .......................................................................... $2,000,000

Anderson-Tully, TN ............................................................................... 3,500,000

Bar-J tract, phase III, UT ..................................................................... 780,000

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Project/State Conference

Castle Rock, UT ..................................................................................... 1,000,000

Catawba-Wateree Forest, SC ................................................................ 2,950,000

Chateaugay, VT ..................................................................................... 500,000

Coastal Forest ecosystem restoration, SC ........................................... 650,000

Connecticut Lakes, NH ......................................................................... 3,600,000

Howe Creek Ranch, CA ......................................................................... 500,000

Kimball Pond, NH ................................................................................. 700,000

McCandless Ranch, HI .......................................................................... 1,000,000

Melvin Valley, NH ................................................................................. 500,000

Mt. Washington, Hi-Rock Camp, MA ................................................... 500,000

Nanejoy, MD .......................................................................................... 450,000

NJ Highlands, Newark watershed, NJ ................................................ 5,000,000

North Chickamauga, TN ....................................................................... 500,000

NY City watershed, NY ......................................................................... 500,000

Range Creek Headwaters, UT .............................................................. 500,000

Thompson-Fisher phase II, MT ............................................................ 7,000,000

TN River Gorge, Cummings Cove, TN ................................................. 1,000,000

TN small projects, TN ........................................................................... 135,000

Tomahawk Northwoods phase II, WI ................................................... 4,000,000

Treetops, CT ........................................................................................... 1,000,000

Tumbledown/Mt. Blue, ME ................................................................... 600,000

West Branch phase II, ME .................................................................... 4,000,000

Project subtotal ........................................................................... 42,865,000

Unallocated projects & administration ................................................ 22,135,000

Total Forest Legacy ........................................................................ 65,000,000

The conference agreement includes $36,000,000 for the urban

and community forestry program as proposed by both the House

and the Senate. This allocation is derived from the conservation

spending category. The managers agree to the House proposal for

this activity plus $50,000 for the West Virginia partnership coordinator, $350,000 for the Chicago, IL wilderness program, and

$200,000 for the Cook County forest preserve, IL. The managers

agree to the Senate proposed $600,000 general decrease. The managers are aware of Treepeople’s proposed Center for Community

Forestry in Los Angeles, CA, and its value as a national resource.

The managers encourage the Forest Service to consider supporting

this important urban forestry program. The managers encourage

the Forest Service to participate in developing living memorials

using trees, that will recognize the tragic losses that occurred on

September 11, 2001 in New York City, the Pentagon area, and

southwest Pennsylvania.

The conference agreement includes the following distribution of

funds for the economic action programs:

Program or project Conference

Economic Recovery program: ................................................................

Economic recovery base program .................................................. $3,685,000

Overhill regional economic development, TN ............................... 200,000

Graham & Swain Counties, NC .................................................... 75,000

Total economic recovery .......................................................... 3,960,000

Rural development program:

Rural development base program ................................................. 2,400,000

NE & Midwest allocation ............................................................... 2,500,000

N Rockies Heritage Center, MT .................................................... 350,000

Four Corners Sustainable Forestry ............................................... 1,000,000

Hawaii forestry initiative ............................................................... 200,000

NY City watershed rural development ......................................... 300,000

NY City watershed enhancement .................................................. 500,000

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Kiski Basin economic development, PA ........................................ 200,000

Total rural development ......................................................... 7,450,000

Forest products conservation & recycling program ............................ 1,300,000

Small diameter initiative ...................................................................... 2,000,000

Wood in transportation program .......................................................... 1,920,000

Programs total ............................................................................. 16,630,000

Special projects:

Wood Education & Resource Center, WV ..................................... 2,700,000

Lake Tahoe erosion control grants, CA, NV ................................. 3,500,000

Cradle of forestry conservation education, NC ............................ 250,000

KY mine waste reforestation ......................................................... 1,000,000

Envir. Sci. & Public Policy Research Inst., ID ............................. 250,000

Kake Land Exchange, AK .............................................................. 4,500,000

Ketchikan Public Utilities, right-of-way clear, AK ...................... 2,500,000

Kilns in SE and SC Alaska ............................................................ 2,000,000

Navaho County, AZ biomass energy ............................................. 350,000

Tillamook State Forest Interpretive Center, OR ......................... 500,000

South Lake Tahoe MTBE study .................................................... 500,000

Cordova visitor center, AK ............................................................. 300,000

Allegheny NF area tourism, PA .................................................... 200,000

State of Alaska expedited envir. studies ...................................... 500,000

Total special projects .................................................................. 18,850,000

Total Economic Action Programs ........................................... 35,680,000

The conference agreement includes the bill language proposed

by the Senate concerning a direct lump sum payment to the Kake

Tribal Corporation, AK, but the funding total is $4,500,000. The

managers understand that this is the final year of funding for kilns

in Alaska. The Forest Service shall follow Senate instructions concerning the distribution of funds for the Ketchikan public utilities

right-of-way clearing project. The managers have provided

$500,000 for the Tahoe Regional Planning Authority and the South

Lake Tahoe public utility to conduct the study of MTBE contamination authorized in the Lake Tahoe Restoration Act. The managers

stress that subsequent funding to remedy this MTBE problem is

not authorized by that Act and must come from sources other than

Interior and related agencies appropriations acts, such as within

the Environmental Protection Agency funding. The Cradle of Forestry conservation education funds include $100,000 for activities

at the Cradle of Forestry in America in the Pisgah National Forest

and $150,000 for the Education and Research Consortium of North

Carolina to continue its cooperative environmental education activities with the Cradle of Forestry in the Pisgah National Forest.

The conference agreement includes $9,425,000 for Pacific

Northwest Assistance instead of $9,200,000 as proposed by the

House and $9,625,000 as proposed by the Senate. This funding includes House-proposed allocations plus an additional $225,000 for

the base program. The conference agreement includes $5,015,000

for forest resource information and analysis as proposed by the

Senate; the Forest Service should follow Senate directions concerning this program. The conference agreement also includes

$5,263,000 for the international forestry program.

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NATIONAL FOREST SYSTEM

The conference agreement provides $1,331,439,000 for the National forest system instead of $1,320,445,000 as proposed by the

House and $1,324,491,000 as proposed by the Senate. Funds should

be distributed as follows:

Land management planning ................................................................. $70,358,000

Inventory and monitoring ..................................................................... 173,266,000

Recreation, heritage & wilderness ....................................................... 245,500,000

Wildlife & fish habitat management .................................................... 131,847,000

Grazing management ............................................................................ 34,775,000

Forest products ...................................................................................... 266,340,000

Vegetation & watershed management ................................................. 190,113,000

Minerals and geology management ...................................................... 48,956,000

Landownership management ................................................................ 88,434,000

Law enforcement operations ................................................................. 79,000,000

Valles Caldera National Preserve, NM ................................................ 2,800,000

Total ............................................................................................. 1,331,439,000

The following discussion describes funding changes from the

House passed bill. The inventory and monitoring activity does not

include the funding for the Lake Tahoe basin watershed assessment. The wildlife and fish habitat management activity does not

include any funds, as proposed by the Senate, for the State of Alaska to conduct monitoring on the Tongass National Forest. The

recreation, heritage and wilderness activity has a general program

increase of $3,500,000 and it does not include a special allocation

for the fee demo program revolving account, although this could be

pursued at agency discretion. Funds for national scenic trails operations and Pacific Crest Trail maintenance are not included in the

recreation activity but have been transferred to the capital improvement and maintenance appropriation account. Wildlife and

fish habitat management includes $200,000 for work on the Batten

Kill River, VT as proposed by the Senate and a general program

reduction of $400,000. The grazing management activity is funded

at the Senate proposed level. Changes from the House in the vegetation and watershed management activity include, for the Lake

Tahoe basin, increases of $150,000 for watershed improvement activities, $400,000 for adaptive management, and $450,000 for the

management of urban lots. The managers allow the Forest Service,

upon notification of the House and Senate Committees on Appropriations, to reprogram national forest system funds within the

Lake Tahoe basin.

The conference agreement also includes $200,000 for Dakota

Prairie grasslands weed control. The Forest Service should maintain the noxious weed program at the Okanogan National Forest,

WA, at $300,000 as in fiscal year 2001. The managers revise the

House direction concerning the full time lands team working on the

Pacific Crest Trail to direct the full time team to continue its functions but allow work on other high priority land projects as well as

the Pacific Crest Trail. Funding for the law enforcement activity includes a general increase of $2,000,000. The managers have not

agreed to the Senate proposal to provide $200,000 for the Southwest strategy. The managers direct the report required by both the

House and the Senate concerning the budget formulation and execution system be due March 15, 2002.

107

The managers direct the Forest Service, in their completion of

the Chugach National Forest and land resource management plan,

to analyze the impact that restrictions proposed within the plan regarding mechanical fuel treatments and forest access will have on

the level of prescribed burning and the implementation of the national fire plan on the Chugach National Forest. The managers direct that this analysis be completed before the release of the Chugach forest plan and that it shall be included in the plan.

The managers understand that the budget request for land management planning included $2,500,000 for the Chippewa and

Superior National Forests, MN, to continue work on forest plans.

The managers expect such funds shall be used to continue work in

an expeditious manner.

Funding for the newly established Valles Caldera National Preserve, NM, is increased by $1,789,000 above the House level;

much of this increase is for one-time infrastructure improvements

to facilitate public access to this unique part of the national forest

system. The managers expect the Valles Caldera directors to use

these funds efficiently; they should begin the revenue generating

activities authorized for this area and submit to the House and

Senate Committees on Appropriations a plan and schedule, including cost estimates, for its management that is consistent with National funding priorities. The conference agreement does not include the general reduction to the national forest system account

adopted in House floor action.

The managers have revised House report language concerning

the management of urban lots in the Lake Tahoe basin. The managers note that the Forest Service faces significant challenges in

order to manage and care for urban properties. The intensive effort

required for management of these properties must be evaluated in

light of the need for the agency to manage the large portions of the

basin under its jurisdiction. The managers request that the Forest

Service report to the House and Senate Committees on Appropriations no later than October 1, 2003 on the adaptive management

practices that are suitable for urban lots acquired under the

Santini-Burton program in the Lake Tahoe basin, and make recommendations as to those practices that are most effective in meeting the goals of the Lake Tahoe Restoration Act (P.L. 106–506).

The managers expect that this analysis will consider the role and

function of urban lots relative to water quality and watershed protection, biological diversity, recreation, public access, and forest

vegetation management for wildfire control. The managers expect

the Forest Service and partners in the basin to evaluate alternatives to continued urban lot purchases and to develop alternative

methods of managing Federal urban lots, and to implement monitoring and research regarding the function that the lots play in

supporting ecological integrity in the basin.

WILDLAND FIRE MANAGEMENT

The conference agreement provides $1,560,349,000 for wildland

fire management instead of $1,402,305,000 as proposed by the

House and $1,280,594,000 as proposed by the Senate. The managers note that this funding total includes $346,000,000 in contingent emergency appropriations instead of $165,000,000 as proposed

108

by the Senate and no emergency funding proposed by the House,

and that $200,000,000 is to pay back emergency wildfire expenditures of fiscal year 2001. This emergency funding should be used

to repay sums previously advanced for fiscal year 2001 wildfire

emergencies as well as to fund various components of the national

fire plan as discussed below.

The managers believe that the full, integrated national fire

plan effort needs to be sustained in future years in order to reduce

the risks of catastrophic fire in many areas of the Nation. The

managers note that the Administration, working along with governors and local communities, have submitted a framework for a

ten-year national fire plan. However, after reviewing the plan, the

managers are concerned that the plan does not lay-out clear funding requirements for various aspects of this important endeavor.

Therefore, the managers direct the Secretaries of Agriculture and

the Interior to provide to the House and Senate Committees on Appropriations by March 15, 2002, an updated fire plan that includes

detailed schedules of activities and funding requirements. The

managers understand that funding requirements for wildfire activities include considerable year-to-year uncertainty depending on

weather and fire circumstances and therefore the managers view

the funding requirements for the national fire plan as being an

iterative process, which requires annual updates. The managers direct the Departments of the Interior and Agriculture to continue to

work together to formulate complementary budget requests that reflect the same principles and a similar budget organization and

submit a cross-cutting budget request to the Committees, which

covers all federal wildfire responsibilities. The managers expect the

Forest Service to emphasize the use of cooperative agreements and

grants to a wide-range of interests to help meet the national fire

plan goals and objectives on all lands, including information compilation and analysis, public education, and applied research. In

addition, the managers expect the agencies to seek the advice of

governors, and local and tribal government representatives in setting priorities for fuels treatments, burned area rehabilitation, and

public outreach and education.

Wildfire preparedness

The conference agreement includes $622,618,000 for preparedness as proposed by the Senate instead of $616,618,000 as proposed

by the House. The $6,000,000 in fire technology development included within the Senate proposal for preparedness has been transferred to the other fire operations activity and base funding for preparedness has been increased accordingly. The managers reiterate

the House direction concerning the need for completed fire plans

for all forest service units and the managers direct that a schedule

for this implementation be included in the next budget request.

The managers also remain concerned about the variation in methods by which the departments calculate wildfire fighting readiness

and how the departments plan their distribution of firefighting resources to attain efficiency. The managers direct the Secretaries of

Agriculture and the Interior to develop and implement a coordinated and common system for calculating readiness which includes

provisions for working with the shared fire fighting resources of the

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States and other cooperators and considers values of various resources on both Federal and other lands.

Wildfire suppression operations

The conference agreement includes $521,321,000 for wildfire suppression activities instead of $321,321,000 proposed by both the

House and Senate. This includes $255,321,000 for non-emergency

wildfire suppression activities instead of $321,321,000 proposed by

the House and $221,321,000 as proposed by the Senate. The agreement also includes $266,000,000 in emergency wildfire suppression

funding instead of no emergency funding proposed by the House

and $100,000,000 as proposed by the Senate. The managers direct

the Forest Service to use $200,000,000 in emergency contingency

funding to repay funds advanced for emergency wildfire suppression activities in fiscal year 2001 from other activities, trust funds,

and other appropriation accounts.

The managers are very concerned about fire fighter safety

issues in light of the tragic Thirty Mile fire in northern Washington. The managers direct the Forest Service to continue development and testing of a new fire shelter for the protection and safety

of fire fighters. The testing shall include products being advanced

by private industry. The Forest Service should submit a report to

the House and Senate Committees on Appropriations on the results

of these tests by September 30, 2002.

The managers are concerned about fire suppression costs during major incidents and therefore the Forest Service and the Department of the Interior are directed to contract for a thorough,

independent review of wildfire suppression costs and strategies.

The Departments should equally share the cost of the review and

a preliminary report should be issued by May 31, 2002, and the

final report be delivered to the House and Senate Committees on

Appropriations by September 30, 2002.

The managers note that even after enactment of this bill the KV reforestation trust fund will lack $320,000,000, which has not

been repaid but which was advanced for emergency wildfires during previous years. The Administration should strive to repay these

funds.

Other wildfire operations

The conference agreement includes $416,410,000 for other fire

operation activities instead of $464,366,000 as proposed by the

House and $336,655,000 as proposed by the Senate. Of this allocation, $80,000,000 is designated as emergency funds instead of

$65,000,000 as proposed by the Senate. The allocation of this funding is as follows:

Non-emergency Emergency Total

Hazardous Fuels .......................................................................................... $209,010,000 ........................ $209,010,000

Fire Facilities .............................................................................................. 10,376,000 $10,000,000 20,376,000

Rehabilitation .............................................................................................. 3,668,000 59,000,000 62,668,000

Research & Development ............................................................................ 22,265,000 5,000,000 27,265,000

Joint Fire Science ........................................................................................ 8,000,000 ........................ 8,000,000

Forest Health Management ......................................................................... 11,974,000 ........................ 11,974,000

Economic Action .......................................................................................... 12,472,000 ........................ 12,472,000

State fire assistance .................................................................................. 50,383,000 6,000,000 56,383,000

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Non-emergency Emergency Total

Volunteer fire assistance ............................................................................ 8,262,000 ........................ 8,262,000

Total other wildfire operations ...................................................... 336,410,000 80,000,000 416,410,000

The conference agreement includes $209,010,000 for hazardous

fuels treatments as proposed by the Senate instead of $227,010,000

as proposed by the House. The managers expect the Forest Service

to ensure that fuels treatments are accomplished quickly and in an

environmentally sound manner. In conducting treatments, local

contract personnel are to be used wherever practical and efficient.

The managers expect the agency to show planned and actual funding and accomplishments for fuels management activities in future

budget requests to the Congress. The managers understand that

actual amounts may differ from planned levels. The managers expect the agencies to work closely with States and local communities

in implementing this program in an effective and efficient manner.

The managers have not included bill language proposed by the

Senate, which required that the Forest Service spend no less than

$125,000,000 on hazardous fuels reduction projects in the wildlandurban interface. Instead, the managers expect that the Forest Service will expend this amount, as stated in the budget request, on

projects in the wildland-urban interface. If the agency does not attain such levels, it shall promptly notify the House and Senate

Committees on Appropriations and provide a report explaining why

the Forest Service was unable to expend such sums. The managers

continue to believe that an emphasis on fuels reduction work in the

wildland-urban interface is critical to protecting the safety of rural

communities.

The managers have included bill language proposed by the

Senate providing that up to $15,000,000 in available funds may be

used on adjacent, non-Federal lands to reduce hazardous fuels. The

managers have not included bill language proposed by the Senate

concerning resource management and access issues on the Chugach

National Forest, AK. Instead, the managers have included direction

under the national forest system heading regarding the upcoming

Chugach National Forest plan. The conference agreement includes

the Senate proposal to provide $5,000,000 for authorized Community Forest Restoration Act activities. The managers have not provided Forest Service funds for the Ecological Research Institute

and its activities at Mt. Trumbull. This issue is addressed under

the Bureau of Land Management. The conference agreement also

includes hazardous fuels funding of $16,000,000 for the Quincy Library group activities, CA and $2,000,000 for the Lake Tahoe Basin

as indicated by the House, which is $500,000 above the request.

The managers direct the Forest Service to provide technical assistance to the Tule River Tribal Reservation with its ground fuels

mitigation program, the acquisition of appropriate fire suppression

equipment, and the training of a tribal hot-shot crew.

The conference agreement includes $20,376,000 for wildfire

management facilities as proposed by the Senate instead of

$38,000,000 as proposed by the House. Of these funds, $10,000,000

are available as emergency funds.

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The conference agreement includes $62,668,000 for rehabilita- tion and restoration activities, including $59,000,000 as emergency

funds, instead of $81,000,000 as proposed by the House and

$3,913,000 as proposed by the Senate. The managers have provided

this funding to continue work on the many areas impacted by the

year 2000 fires as well as more recent events. The managers direct

the departments to continue to implement the long-term program

to manage and supply native plant materials for use in various

Federal land management restoration and rehabilitation needs directed for fiscal year 2001. The conference agreement includes $27,265,000 for research and development activities as proposed by the House; $5,000,000 of

these funds are designated for emergency needs. The research and

development allocation consolidates funds, which were requested

within both the preparedness and fire operations activities. It is

vital that activities related to wildfire management and natural resource management have a firm scientific basis. To this end, the

managers have also included $8,000,000 for the joint fire science

program as proposed by the House instead of $4,000,000 as proposed by the Senate. The joint fire program is matched with similar funding within the Department of the Interior and this program

should continue the direction it has taken in fiscal year 2001. The

managers have designated $1,000,000 within the available, nonemergency research and development funds for cooperative research and technology development for the University of Montana

National Center for Landscape Fire Analysis. This replaces designations for this project in the House and Senate recommended

bills.

The managers note that devastating windstorms have caused

great damage on the Superior and Chippewa National Forests,

MN. The budget request for wildland fire management included

$8,000,000 to continue efforts to reduce the fuels accumulation,

continue reforestation, and rehabilitate the wilderness and non-wilderness areas of these forests. The managers expect the scheduled

work to be completed expeditiously with these funds. The managers have included $56,383,000 for State fire assist- ance instead of $50,383,000 as proposed by both the House and the

Senate. Of this total, $6,000,000 is designated as emergency funds

and this total includes $5,000,000 for hazardous fuels work in Anchorage, AK instead of $6,000,000 as proposed by the Senate, and

$1,000,000 to continue hazardous fuels work in the Kenai Borough,

AK, as proposed by the Senate. The Forest Service should follow

Senate direction concerning the distribution of these funds. State

fire assistance includes support for the FIREWISE program and

the use of cost share incentives. The conference agreement includes

$12,472,000 for economic action activities associated with the national fire plan as proposed by both the House and the Senate. The

managers note that the State and private forestry appropriation includes funds for the small diameter initiative so the House instructions concerning this project need not be followed.

CAPITAL IMPROVEMENT AND MAINTENANCE

The conference agreement provides $546,188,000 for capital

improvement and maintenance instead of $535,513,000 as proposed

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by the House and $541,286,000 as proposed by the Senate. This

funding includes $61,000,000 as recommended by the Senate for

priority deferred maintenance and infrastructure improvement

within the conservation spending category. The conference agreement provides for the following distribution of funds:

Activity or project Conference

Facilities:

Maintenance .................................................................................... $93,926,000

Capital improvement ...................................................................... 70,678,000

Congressional priorities:

Allegheny NF campgrounds, PA ............................................ 900,000

Allegheny NF Marienville RS, PA ......................................... 975,000

Big Bear center, CA ................................................................ 1,000,000

Cherokee NF recreation projects, TN .................................... 1,000,000

Cradle of Forestry volunteer facilities, NC ........................... 1,165,000

Franklin County Lake, MS ..................................................... 1,400,000

Francis Marion NF, SC ........................................................... 100,000

Gladie Creek center, KY ......................................................... 718,000

Grey Towers NHS, PA ............................................................ 500,000

Hardwood Tree Improvement & Regeneration Center at

Purdue, IN ............................................................................ 500,000

Inst. of Pacific Islands Forestry, HI ....................................... 2,000,000

Lake Tahoe, restrooms & Tallic rehab .................................. 115,000

Midewin Nat. Tallgrass Prairie horticulture building, IL ... 450,000

Mitchell Mill, Ozark NF AR ................................................... 350,000

Monongahela NF sanitation, WV ........................................... 440,000

Mt. Tabor work center, VT ..................................................... 650,000

Nantahala NF recreation projects, NC .................................. 850,000

Rapid City research lab, SD ................................................... 2,558,000

Timberline Lodge ADA rehab, OR ......................................... 1,240,000

Tuckerman Ravine, NH .......................................................... 330,000

Waldo Lake rehab, OR ............................................................ 500,000

Wayne NF SO, OH .................................................................. 1,000,000

Wayne NF facilities improvements, OH ................................ 1,000,000

Winding Stair Mtn. NRA, OK ................................................ 1,102,000

Total Congressional priorities .................................................... 20,843,000

Total Facilities ............................................................................ 185,447,000

Roads:

Maintenance .................................................................................... 159,291,000

Capital improvement ...................................................................... 67,600,000

Congressional priorities:

Franklin County Lake, MS ..................................................... 600,000

Lake Tahoe, Eagle Falls rehab .............................................. 455,000

Lake Tahoe roads .................................................................... 800,000

Monongahela NF, WV ............................................................. 920,000

Total Congressional priorities .................................................... 2,775,000

Total Roads .................................................................................. 229,666,000

Trails:

Maintenance .................................................................................... 40,434,000

Capital improvement ...................................................................... 26,955,000

Congressional priorities:

Continental Divide Trail ......................................................... 1,000,000

FL National Scenic Trail ........................................................ 500,000

Pinhoti Trail, GA ..................................................................... 186,000

National Scenic trails maintenance add-on .......................... 800,000

Pacific Crest Trail maintenance ............................................. 200,000

Total Congressional priorities .................................................... 2,686,000

Total Trails .................................................................................. 70,075,000

Total Capital Improvement and Maintenance ......................... 485,188,000

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Activity or project Conference

Infrastructure improvement, conservation category ....................... 61,000,000

Total with conservation category ............................................... 546,188,000

The conference agreement includes bill language proposed by

the Senate concerning a fiscal year 2001 appropriation for improvements at the Hardwood Tree Improvement and Regeneration Center at Purdue University, IN, and language transferring a fiscal

year 2001 appropriation for certain recreational facilities near the

Allegheny National Forest, PA.

The managers concur with the Senate in providing $2,558,000

for the design, planning, and acquisition of property to support the

efficient collocation of the Mystic Ranger District and the Rapid

City Research Laboratory in South Dakota. The managers have

also included $500,000 for the Hardwood Tree Improvement and

Regeneration Center (HTIRC) at Purdue University, IN. The managers emphasize that construction of other facilities on the Black

Hills National Forest and further Federal funding for the Hardwood Tree Improvement and Regeneration Center, IN, be proposed

in the agency budget justification using the normal process for

ranking and prioritizing facility needs. The Forest Service should

submit reports detailing all future funding needs for these two

projects no later than April 15, 2002. The conference agreement

does not provide $2,000,000 for the Pike’s Peak Highway as proposed by the Senate due to ongoing litigation directly related to the

project.

The managers encourage the Forest Service to establish a suitable memorial for the four brave firefighters who lost their lives

July 10, 2001, at the Thirtymile fire near Winthrop, WA.

LAND ACQUISITION

The conference agreement provides $149,742,000 for land acquisition instead of $130,877,000 as proposed by the House and

$128,877,000 as proposed by the Senate. Funds should be distributed as follows:

Area (State) Amount

Allegheny NF (Allegheny Wild & Scenic Rivers) (PA) ........................ $220,000

Arapaho NF (Beaver Brook) (CO) ........................................................ 6,600,000

Beaverhead-Deerlodge NF (Watershed, RY Timber) (MT) ................. 7,000,000

Bonneville Shoreline Trail (UT) ........................................................... 1,000,000

Bridger-Teton NF (Feuz conservation easements) (WY) .................... 3,500,000

Chattahoochee NF (Mt. Yonah and Jacks River) (GA) ....................... 1,200,000

Chattooga W&SR/Watershed (NC/GA) ................................................ 3,600,000

Cheq-Nicolet NF (Wisconsin Wild Waterways) (WI) .......................... 2,500,000

Chippewa and Superior NF (MN Wilderness) (MN) ........................... 1,400,000

Cibola NF (La Madera) (NM) ............................................................... 3,000,000

Coconino NF (Hancock Ranch) (AZ) ..................................................... 4,000,000

Columbia River Gorge NSA (OR/WA) .................................................. 6,000,000

Dakota Prairie Grasslands (Griffin Ranch) (ND) ................................ 1,450,000

Daniel Boone NF (Red River Gorge) (KY) ........................................... 2,037,000

Florida National Scenic Trail (FL) ....................................................... 4,000,000

Francis Marion NF (SC) ........................................................................ 7,000,000

Gallatin NF (Greater Yellowstone Ecosystem) (MT) .......................... 3,500,000

Green Mtn. NF (including Prickly Hill, Blueberry Lake, and Gomez

tracts) (VT) ......................................................................................... 1,250,000

Hoosier NF (Unique Areas) (IN) ........................................................... 1,500,000

I–90 Corridor/Plum Creek (WA) ........................................................... 4,000,000

Idaho Wilderness/W&S Rivers—Sulphur Creek Ranch (ID/MT) ....... 2,200,000

Lake Tahoe Basin MU (High Meadows) (CA) ..................................... 4,000,000

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Area (State) Amount

Lake Tahoe NF (Urban lots) (CA) ........................................................ 2,600,000

Lewis and Clark Historic Trail (ID/MT) .............................................. 1,500,000

Los Padres NF (Big Sur Ecosystem) (CA) ........................................... 7,660,000

Mark Twain NF (Ozark Mtn. Streams & Rivers) (MO) ..................... 1,500,000

Midewin NTGP (IL) ............................................................................... 500,000

Ouchita NF (Lake Winona) (AR) .......................................................... 1,500,000

Pacific Crest Trail (CA/WA/OR) ........................................................... 2,000,000

Pacific Northwest Streams (Drift Creek and Davidson) (OR) ............ 4,250,000

Payette NF (Thunder Mtn.) .................................................................. 1,000,000

Pisgah NF (Lake James) (NC) .............................................................. 2,500,000

San Bernardino NF (CA) ....................................................................... 1,500,000

Santa Fe NF (Santa Fe Watershed) (NM) ........................................... 1,750,000

Sawtooth NF (easements—Sawtooth NRA) (ID) ................................. 5,000,000

St. Francis NF (Stumpy Point, Anderson Tulley) (AR) ...................... 1,500,000

Sumter NF (Broad River Corridor) (SC) .............................................. 1,500,000

Swan Valley Conservation Project (MT) .............................................. 7,000,000

Tahoe NF (North Fork Am. River) (CA) .............................................. 1,700,000

Tongass NF, Admiralty NM (Favorite Bay, Mental Health Lands)

(AK) ..................................................................................................... 5,225,000

Uncompahgre NF (Red Mountain) (CO) .............................................. 4,600,000

Wayne NF (OH) ..................................................................................... 1,000,000

White Mtn. NF (Jericho Lake) (NH) .................................................... 2,000,000

White Mtn. NF (NH) ............................................................................. 1,500,000

Wild and Scenic Rivers PNW (Skagit River) (WA) ............................. 2,000,000

Subtotal ........................................................................................ 132,242,000

Wilderness Protection ............................................................................ 1,000,000

Critical Inholdings, Opportunities ........................................................ 2,000,000

Cash Equalization .................................................................................. 1,500,000

Acquisition Management ....................................................................... 13,000,000

Total ............................................................................................. 149,742,000

The managers direct the Forest Service to continue its ongoing

work to implement an acquisition program for the Pacific Crest

Trail as rapidly as possible, utilizing assistance from the National

Park Service, if desirable. Acquisition efforts should focus on properties where access and public service needs are the greatest. A

progress report should be submitted to the House and Senate Committees on Appropriations no later than March 1, 2002.

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

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

both the House and the Senate.

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

The conference agreement provides an indefinite appropriation

estimated to be $234,000 for the acquisition of lands to complete

land exchanges as proposed by both the House and the Senate.

RANGE BETTERMENT FUND

The conference agreement provides an indefinite appropriation

estimated to be $3,290,000 for the range betterment fund as proposed by both the House and the Senate.

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GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

The conference agreement provides $92,000 for gifts, donations

and bequests for forest and rangeland research as proposed by both

the House and the Senate.

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

The conference agreement provides $5,488,000 for management

of national forest system lands for subsistence uses in Alaska as

proposed by both the House and the Senate.

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

The managers have modified bill language proposed by the

Senate concerning the use of funds for land exchanges and have included language recommended by the Senate allowing the Forest

Service to transfer any funds available to the Forest Service to the

wildland fire management account during wildfire emergencies.

The conference agreement also includes the House language prohibiting transfers to the USDA working capital funds in excess of

the fiscal year 2000 level without advance approval from the House

and Senate Committees on Appropriations. The managers have included the Senate proposed funding level for the administrative

funds of the National Forest Foundation and the managers have

included language expanding the National Forest Foundation board

of directors. The conference agreement includes the House proposed

bill language concerning the National Fish and Wildlife Foundation. The managers have not included the House proposed bill language concerning the use and reimbursement of detailees who are

used for more than 30 days. Instead, the managers direct the Secretary to provide written notification to the House and Senate

Committees on Appropriations of any employee to be detailed or assigned from an agency or office funded by this Act to any other

agency or office of the Department for more than 60 days if the receiving office is not going to reimburse the donor office for detailee

time in excess of 60 days. Such notification should include the

name of the employee to be detailed, the location of the detail, the

estimated length of the detail, and a justification for the work to

be performed during the detail.

The managers have agreed to revise instructions proposed by

the House regarding the management of trust funds. In place of

items numbered two and three in the House report, the managers

agree to the following: (1) the Forest Service is directed to submit

a detailed display in all future budget justifications of the anticipated program of work for these funds; (2) the plan shall provide

sufficient detail to explain and justify the program of work and expected accomplishments in each region; and (3) the plan shall contain a full explanation of how planned improvement activities contribute to an integrated approach to forest management in conjunction with activities planned to be accomplished with discretionary

funds.

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DEPARTMENT OF ENERGY

CLEAN COAL TECHNOLOGY

(DEFERRAL)

The conference agreement provides for the deferral of

$40,000,000 in previously appropriated funds for the clean coal

technology program. These funds will become available on October

1, 2002, to complete the remaining projects in this program.

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $616,490,000 for fossil energy research and development instead of $579,000,000 as proposed

by the House and $604,090,000 as proposed by the Senate. Of the

amount provided, $33,700,000 is derived by transfer from previous

clean coal technology appropriations as proposed by the Senate.

The numerical changes described below are to the House recommended level.

There is a decrease of $33,700,000 for the clean coal power initiative, which reflects the transfer of previously appropriated funds

in that amount from the clean coal technology account. This transfer should not interfere with the timely completion of the remaining, unfinished clean coal technology projects. The funding provided

for the clean coal power initiative in fiscal year 2002 is

$150,000,000.

In the innovations for existing plants activity, there is an increase of $1,000,000 for materials research as part of the vision 21

program. This increase originally was proposed by the Senate

under the advanced research account. Guidance on its use is provided below.

In advanced systems, increases include $3,000,000 for ITM oxygen research as part of the integrated gasification combined cycle

program, $3,000,000 for vision 21 advanced combustion systems as

part of the pressurized fluidized bed program, and $3,000,000 for

syngas applications in the advanced turbine systems program.

There is also a decrease of $3,000,000 in general program activities

in the turbine program.

In distributed generation, increases include $2,000,000 for

electro-chemical engineering in the advanced research program,

$2,000,000 for systems development in the molten carbonate fuel

cells program, and $6,000,000 for the solid-state energy conversion

alliance in the innovative concepts program.

In transportation fuels and chemicals, there is an increase of

$2,000,000 for the La Porte facility in Texas. The managers expect

the Department to continue existing projects in the ultra clean

fuels program. There is also an increase of $1,000,000 in the ultra

clean fuels program for a clean diesel fuel program at the University of Alaska.

In solid fuels and feedstocks, there is an increase of $3,000,000

for advanced separation technology.

In advanced fuels research, there are increases of $500,000 for

C–1 chemistry and $1,700,000 in advanced concepts for advanced

117

products from coal, and a decrease of $1,000,000 for advanced separation technology (which is addressed above under solid fuels and

feedstocks).

In advanced research, there is an increase of $2,000,000 in the

technology crosscut program for the Computational Center of Excellence at the National Energy Technology Laboratory. For natural gas technologies, there is an increase of $950,000

in exploration and production for coalbed methane water filtration

research and increases in infrastructure programs of $1,000,000 for

infrastructure technology and $1,000,000 for storage technology.

There is also an increase of $2,000,000 in emerging processing

technology for the coal mine methane program. For oil technology, there is an increase of $3,000,000 in exploration and production for arctic research by the Office of Arctic Energy in Alaska and a decrease of $1,000,000 for the Oil Prime program in advanced research. There is also a decrease of $1,000,000

in the reservoir life extension program for reservoir field demonstrations.

In cooperative research and development, there is an increase of $2,240,000 for existing programs. Arctic technology research is

addressed in the oil technology program above. In general plant projects, there is a decrease of $900,000 in

general plant projects for the National Energy Technology Laboratory and an increase of $11,000,000 for the first year of a 7-year

program to upgrade the infrastructure at the National Energy

Technology Laboratory. This upgrade is discussed in more detail

below.

Finally, there is a decrease of $6,000,000, which reflects the

one-time use of unobligated prior year funds that are available

from a coal project that has been substantially reworked, with resultant cost savings. This amount should be restored to the base

program in fiscal year 2003.

The managers are very supportive of the clean coal power initiative and expect the Department to ensure that the program is

based on competitively awarded government-industry partnerships

that demonstrate technologies that can strengthen electricity reliability for the Nation in an environmentally clean manner. The

managers agree that industry will be required to provide at least

50 percent of each project’s cost and that all projects must use U.S.

coals, which must constitute at least 75 percent of the fuel. Further, all co-production projects must provide at least half of their

output in the form of electricity.

The managers expect the Department to ensure that the solicitation for proposals is open to technologies that will: (1) reduce

emissions of criteria pollutants (including mercury) from both existing and new plants, including management of plant byproducts; (2)

improve the generation efficiencies of existing and new plants

through such technologies as coal gasification; and/or (3) cost-effectively manage carbon emissions.

The managers agree to the following:

1. The $1,000,000 in the innovations for existing plants program for vision 21/materials is to accelerate the development of advanced alloys and materials for high efficiency, ultra-supercritical

steam plants, allowing ultra-supercritical steam conditions to be

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used in a variety of fuel flexible, highly efficient, zero emission

plants.

2. Available funding balances from contract closeouts may be

used without reprogramming to minimize disruptions to ongoing

research and development projects. Follow-on research areas consistent with plans and schedules developed in cooperation with industry partners, include ultra-supercritical materials, computational and fuels focus areas at the National Energy Technology

Laboratory, gas-to-liquids, advanced research on coal-based fuels,

solid-state energy conversion alliance (planar solid oxide fuel cells),

vision 21/oxygen-based combustion, Wilsonville testing, power plant

sensors and controls, carbon dioxide capture and geologic sequestration testing, and oil and gas offshore technology.

3. There is no earmark in the syngas ceramic membrane funding for any specific program. The available funds should be used

to continue all existing projects as equitably as possible.

4. The distribution of the increase above the budget request for

effective environmental protection programs in the oil technology

activity should be consistent with the House recommendation.

5. The funding for risk assessment programs under the oil

technology activity assumes that the risk based data management

system will continue to be funded at the fiscal year 2001 level.

6. Within the funds provided in oil technology for the Office of

Arctic Energy $1,000,000 is to support oxygen transport ceramic

membrane research.

7. The Department should review the fuel flexibility for industrial boilers program developed by Pennsylvania State University

and consider incorporating follow-on work in this area into the fiscal year 2003 budget priorities.

8. The $2,000,000 increase above the budget request for distributed generation/vision 21 hybrids, included in both the House

and Senate recommendations, is for the tubular solid oxide fuel cell

program.

9. The increase above the budget request for the solid-state energy conversion alliance under distributed generation/innovative

concepts is to be added to the base funding for planar solid oxide

fuel cell programs and is to be used to continue existing projects,

consistent with program plans developed in cooperation with industry partners. The managers understand that base funding for this

program will need to be increased substantially in fiscal year 2003

to keep this program on schedule to meet critical program goals.

10. Of the funds provided for turbine systems, $3,000,000 is for

the industry/university consortium.

11. The Department should develop a five-year plan reorienting the turbine program to support vision 21 and focusing on

the development of a technology base to increase fuel flexibility (including coal) and efficiency as well as reliability, availability, and

maintainability, with low emissions and low life cycle costs. The

plan should be submitted to the House and Senate Committees on

Appropriations no later than January 15, 2002.

12. In the carbon sequestration program, the Department

should continue and expand International Utility Efficiency Partnerships as part of the U.S. Initiative on Joint Implementation.

119

The conference agreement modifies bill language proposed by

the Senate earmarking $11,000,000 for planning and design of an

infrastructure upgrade at the National Energy Technology Laboratory. The modification provides land acquisition authority, which

the managers understand will be used on a limited basis. This

funding represents the first year of a 7-year improvement plan for

the Laboratory and the managers expect the Department to keep

this amount in the base budget for each of the next 6 years.

The conference agreement includes bill language proposed by

the Senate deriving $33,700,000 by transfer from the clean coal

technology program to offset new budget authority in fiscal year

2002. The managers note that this is a one-time transfer and this

amount will need to be restored to the Fossil Energy Research and

Development base budget in fiscal year 2003.

The conference agreement also modifies language to extend the

proposal submission period for the Clean Coal Power Initiative

from 90 days to 150 days and to permit the combining of fiscal year

2002 and fiscal year 2003 funds for contract awards made in fiscal

year 2003.

ALTERNATIVE FUELS PRODUCTION

(RESCISSION)

The conference agreement provides for the rescission of

$2,000,000 in unobligated balances from the alternative fuels production account as proposed by the Senate instead of no rescission

as proposed by the House.

NAVAL PETROLEUM AND OIL SHALE RESERVES

The conference agreement provides $17,371,000 for the naval

petroleum and oil shale reserves as proposed by both the House

and the Senate.

ELK HILLS SCHOOL LANDS FUND

The conference agreement provides $36,000,000 to become

available on October 1, 2002, for the Elk Hills school lands fund

as proposed by the Senate instead of $36,000,000 to be derived by

transfer from unobligated balances in the clean coal technology account as proposed by the House.

ENERGY CONSERVATION

The conference agreement provides $912,805,000 for energy

conservation instead of $940,805,000 as proposed by the House and

$870,805,000 as proposed by the Senate. The numerical changes

described below are to the House recommended level.

In building technology assistance, there are decreases of

$19,000,000 for the weatherization assistance program and

$17,000,000 for State energy conservation grants. There is also an

increase of $1,000,000 for the energy star program.

In industries of the future/crosscutting, there is an increase of

$2,000,000 for the innovations and inventions program.

In transportation programs, there is a general increase of

$2,000,000 in technology deployment for the clean cities program.

120

In policy and management, there is an increase of $3,000,000

for the regional support offices.

The managers agree to the following:

1. The increase in funding for the regional support offices is to

restore base funding for these important entities. The Department

should do a better job of using these offices to manage programs

and projects and should not short-fund these offices in future budget requests while protecting funding for headquarters offices in

Washington, DC. Funding comparisons (prior year, current year,

budget year) and activity descriptions for each regional support office should be included in the annual budget request beginning in

fiscal year 2003. The managers encourage the Department to consider shifting resources from headquarters to the regional support

offices.

2. Consistent with the policy of fuel neutrality, no funds are

earmarked in the Clean Cities program for increasing E–85 fueling

capacity. The managers encourage the Department to give careful

consideration to proposals that would help increase such capacity,

consistent with the goals of the Clean Cities program.

3. Within the funds provided, the managers understand that

the Northwest Alliance for Transportation Technologies will be

funded at a higher level than in fiscal year 2001.

4. Within the transportation sector hybrid program, the Department should continue 3 contracts through completion of phase

I of the advanced power electronics program and should down select to 2 contracts, as planned, prior to funding the next phase of

the program.

5. Within the increase provided above the budget request for

lightweight materials technology in transportation programs, the

Department should foster research aimed at developing lightweight

composites for heavy vehicles in conjunction with MSE, Inc.’s High

Performance Materials Group.

6. The Department should report to the House and Senate

Committees on Appropriations, within twelve months of the date of

enactment of this Act, on the technical and economic barriers to

the use of fuel cells in transportation, portable power, stationary,

and distributed generation applications. The report should include

recommendations on program adjustments based on an assessment

of the technical, economic, and infrastructure requirements needed

for the commercial use of fuel cells for stationary and transportation applications by 2012. Within six months of the date of enactment of this Act, the Department should also provide an interim

assessment that describes preliminary findings about the need for

public and private cooperative programs to demonstrate the use of

fuel cells in commercial scale applications.

The conference agreement earmarks $275,000,000 for energy

conservation grant programs instead of $311,000,000 as proposed

by the House and $251,000,000 as proposed by the Senate. Within

the funds provided, $230,000,000 is further earmarked for weatherization assistance grants instead of $249,000,000 as proposed by

the House and $213,000,000 as proposed by the Senate, and

$45,000,000 is earmarked for State energy conservation grants instead of $62,000,000 as proposed by the House and $38,000,000 as

proposed by the Senate.

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No statutory language on cost sharing for weatherization

grants is included in the conference agreement but the managers

strongly urge the Department to pursue actively such cost sharing

from State and local governments and other entities. Detailed costsharing information (and the amount of Federal funds provided)

should be included for each State or eligible entity in the budget

submission for fiscal year 2003 and in future submissions.

The conference agreement includes statutory language requiring that one-half of the funding made available in fiscal year 2002

and thereafter for the energy efficiency science initiative be managed by the fossil energy research and development program. The

managers expect the Department to issue a single solicitation for

this program that covers both energy conservation and fossil energy programs.

ECONOMIC REGULATION

The conference agreement provides $1,996,000 for economic

regulation as proposed by both the House and the Senate.

STRATEGIC PETROLEUM RESERVE

The conference agreement provides $179,009,000 for the strategic petroleum reserve as proposed by the House instead of

$169,009,000 as proposed by the Senate.

The conference agreement modifies statutory language contained in both the House and Senate bills, specifying that ‘‘not to

exceed’’ $8,000,000 is for the Northeast Heating Oil Reserve. If the

full $8,000,000 is not needed, the managers encourage the Department to apply any excess funds to the Strategic Petroleum Reserve

vapor pressure project to remove excess heat and gas from the oil

in the reserve. Funds for this critical project should be continued

in the base for each of the next 3 years (at least at the $12 million

level provided in fiscal year 2002) so that it can be completed no

later than fiscal year 2005.

ENERGY INFORMATION ADMINISTRATION

The conference agreement provides $78,499,000 for the energy

information administration as proposed by the House instead of

$75,499,000 as proposed by the Senate.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

The conference agreement provides $2,389,614,000 for Indian

health services instead of $2,390,014,000 as proposed by the House

and $2,388,614,000 as proposed by the Senate. The numerical

changes described below are to the House recommended level.

For hospital and health clinic programs there are decreases of

$500,000 for Joslin diabetes programs and $500,000 for technology

upgrades. For Indian health professions there are increases of

$50,000 for the InPsych program at the University of North Dakota, $50,000 for the InPsych program at the University of MonVerDate 11-MAY-2000 23:09 Oct 24, 2001 Jkt 075796 PO 00000 Frm 00121 Fmt 6601 Sfmt 6601 E:\HR\OC\HR234.XXX pfrm01 PsN: HR234
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tana, and $500,000 for the InMed program at the University of

North Dakota.

The managers agree to the following:

1. The additional contract health services funding provided for

fiscal year 2002 should be distributed following a methodology developed in consultation with the tribes. The managers have received expressions of concern from many different tribes on this

issue and ask that the Service base the funding distribution on a

methodology that considers the needs of all eligible tribes at the

same time as addressing disparities in funding.

2. The Service should continue to follow last year’s direction on

the level of need funded methodology and the distribution of the Indian health care improvement fund.

The conference agreement provides the House proposed statutory earmarks for contract health services and contract support

costs. As in past years, there is no specific earmark for any individual tribe for contract support costs.

The managers have not agreed to statutory language proposed

by the House dealing with certain limitations on contract support

costs. The managers believe the disparities between BIA and IHS

in the funding of contract support costs should be resolved. While

there has been some discussion of this issue by the two agencies

over the past few years, no resolution to these differences has resulted. The managers urge the Office of Management and Budget

to serve as a coordinator for further discussion of the issue with the

two agencies, with the goal of resolving existing discrepancies. The

Office of Management and Budget should address this issue as part

of the fiscal year 2003 budget request.

INDIAN HEALTH FACILITIES

The conference agreement provides $369,487,000 for Indian

health facilities instead of $369,795,000 as proposed by the House

and $362,854,000 as proposed by the Senate. The changes to the

House level are all in the hospital and clinic construction category.

The managers agree to the following distribution of facilities construction funds (excluding sanitation facilities):

Project Conference agreement

Fort Defiance, AZ (hospital and staff quarters) .................................. $27,827,000

Pinon, AZ (clinic infrastructure) ........................................................... 2,600,000

Winnebago, NE (hospital) ..................................................................... 15,000,000

Red Mesa, AZ (clinic infrastructure) .................................................... 5,000,000

Pawnee, OK (clinic infrastructure) ....................................................... 5,000,000

Sisseton, SD (clinic infrastructure) ...................................................... 2,333,000

St. Paul and Metlakatla, AK (clinics infrastructure) .......................... 5,500,000

Bethel, AK quarters ............................................................................... 5,000,000

Zuni, NM quarters ................................................................................. 2,000,000

Dental units ........................................................................................... 1,000,000

Small ambulatory care facilities ........................................................... 10,000,000

Joint ventures ........................................................................................ 5,000,000

Total ............................................................................................. $86,260,000

The managers agree to the following:

1. The funds provided for the Portland Area AMEX program

should remain in the base in fiscal year 2003 for addressing the nationwide need for maintenance funds, and the Service should request an increase to the base maintenance funding in fiscal year

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2003 to enable the Service to keep pace with the expanding facilities infrastructure for Federal and tribal facilities, including Alaska

village-built clinics.

2. Given the tremendous unmet need for new and replacement

hospitals and clinics in Indian country, the managers urge that, beginning in fiscal year 2003, the Department and the Office of Management and Budget establish a recurring base budget for hospital

and clinic facilities construction rather than building from a zerobased budget each year. The managers suggest that the base

amount for fiscal year 2003 should be at least $90,000,000 (the fiscal year 2002 level plus inflation) and projects should be identified

based on the established priority list (including hospitals, clinics,

staff quarters, dental units, small ambulatory care facilities, and

joint ventures) to total the base funding level.

3. The Service should use balances available from completed

construction projects to fund the additional site work and infrastructure needs of the Pinon, AZ clinic and, to the extent available,

to fund additional site work and infrastructure at the Red Mesa,

AZ clinic.

4. The Service should continue funding for a new drinking

water system for the Shoshone-Bannock Tribes of the Fort Hall

reservation in Idaho to the extent such project is ranked within the

established sanitation facility priority ranking system.

5. Rather than issuing a new solicitation for the small ambulatory grant program in fiscal year 2002, the Service should fund

high priority, unfunded projects from the ranked order list generated from the fiscal year 2001 application process.

6. The Service should establish a reasonably low maximum

funding threshold for the small ambulatory grant program so that

several projects can be funded under that program each fiscal year.

The maximum amount should not be construed as the amount

available for each project, and the managers expect that most

projects will be funded well below the maximum funding threshold.

7. The Service should ensure, in evaluating joint venture proposals, that any needed staff quarters are included in tribal construction proposals and that the cost of staff quarters construction

and all related costs are funded by the tribe. Once constructed,

staff quarters should be self-supporting from revenues generated

from rental fees. The Service should not be responsible for any construction or subsequent operating costs for staff quarters that are

associated with a joint venture.

The conference agreement includes statutory language that

modifies the Senate proposed language on the Bethel, AK hospital

staff quarters construction project. The modification permits the

use of funds for staff quarters construction for sub-regional clinics

in the Bethel area. The managers expect that this authority will

be used on a limited basis only to the extent that such sub-regional

staff quarters fit within the agreed upon overall cost for the Bethel

staff quarters project and that there is no impact on the effort now

underway to provide an adequate number of staff quarters at the

Bethel hospital.

The conference agreement also includes statutory language

permitting the Service to accept donated land for the St. Paul, AK

clinic.

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OTHER RELATED AGENCIES

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

The conference agreement provides $15,148,000 for salaries

and expenses of the Office of Navajo and Hopi Indian Relocation

as proposed by the House and the Senate.

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

The conference agreement provides $4,490,000 for payment to

the institute as proposed by the House and the Senate.

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

The conference agreement provides $399,253,000 for salaries

and expenses at the Smithsonian Institution instead of

$396,200,000 as proposed by the House and $401,192,000 as proposed by the Senate. Changes to the House proposed funding levels

for fiscal year 2002 are described below. An increase of $1,497,000 is provided for the Smithsonian Center for Materials Research and Education. Within this amount, program funding for the Center is restored to the fiscal year 2001 enacted level and an additional $128,000 is included to meet anticipated annual pay costs. The managers expect that no decision will

be made on an earlier proposal by Smithsonian management to

eliminate this Center, as well as the Conservation Research Center, until the Science Commission has conducted a full evaluation

of all science programs at the Institution and reported their findings to the Committees.

An increase of $26,000 is provided to the National Zoo for the

hiring of a curator and preliminary operations and maintenance of

the permanent Farm Exhibit, which is scheduled to open to the

public in the spring of 2003.

An increase of $200,000 is provided for the Smithsonian Institution Libraries. This amount was proposed for reduction in the fiscal year 2002 budget estimate, but has been included by the managers in order to maintain the library at the Museum Support Center that supports the Center for Materials Research and Education.

An amount of $7,200,000 is provided within the Administration

line item to continue the Institution’s technology initiative. The

Senate included $6,000,000 for this work. The House included

$7,645,000 for this effort, but within the line item for Institutionwide Programs. The managers expect that the House and Senate

Committees on Appropriations will be provided with quarterly reports that detail the Institution’s progress with this initiative.

An increase of $58,000 is included to maintain existing health

clinics as proposed by the Senate.

An increase of $1,743,000 is included for the Office of Protection Services. The budget estimate called for a reduction of the

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guard force in this amount. In light of recent events, the managers

agree that it would not be appropriate to implement this proposal.

A decrease of $7,645,000 has been taken to the Institutionwide Programs line item. This amount was proposed by the House

to fund costs associated with the technology initiative. As stated

above, the managers recommend an amount of $7,200,000, the

budget estimate, for this activity and have provided the funds within the Administration line item, which includes the Office of Technology.

A general reduction of $26,000 to the House proposed level has

been taken to the Administration line item.

The conference report designates an amount of $37,508,000 to

remain available until expended for the following activities: the instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of the American Indian and the

repatriation of skeletal remains program. The House proposal included no such designation for these activities. The Senate proposal

provided $43,713,000 to remain available until expended for the activities listed above, as well as security funding and institutionwide programs.

The conference report includes bill language proposed by both

the House and Senate instructing the Smithsonian to adhere to the

reprogramming procedures described in House Report 105–163. In

addition, the managers direct the Smithsonian to submit a quarterly report to the House and Senate Committees on Appropriations that displays all redirections of Federal funds, both above and

below the reprogramming threshold, for each quarter. By implementing this reporting process, the Committees expect to gain a

better and more timely understanding of the Institution’s spending

priorities throughout the fiscal year. Each of the Bureaus within

the Department of the Interior currently submits a similar report.

REPAIR, RESTORATION AND ALTERATION OF FACILITIES

The conference agreement provides $67,900,000 for repair, restoration and alteration of facilities as proposed by the House and

the Senate.

The managers direct the Smithsonian to assess its facility

maintenance program as a result of the National Academy of Public Administration’s recommendations. The Institution should identify the current program, describe the desired state, and provide an

implementation plan with resource and organizational requirements needed to achieve the necessary maintenance level. The plan

should be reliability based with preventive, predictive, proactive

and reactive components utilizing a computer-based maintenance

management system. This plan should be submitted to the House

and Senate Committees on Appropriations no later than December

15, 2001.

CONSTRUCTION

The conference agreement provides $30,000,000 for construction of the National Museum of the American Indian as proposed

by the House, instead of $25,000,000 as proposed by the Senate.

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NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

The conference agreement provides $68,967,000 for salaries

and expenses of the National Gallery of Art as proposed by both

the House and the Senate.

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

The conference agreement provides $14,220,000 for repair, restoration and renovation of buildings as proposed by both the House

and the Senate.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

The conference agreement provides $15,000,000 for operations

and maintenance of the Kennedy Center as proposed by the House

and the Senate.

CONSTRUCTION

The conference agreement provides $19,000,000 for construction as proposed by the House and the Senate.

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

The conference agreement provides $7,796,000 for salaries and

expenses of the Woodrow Wilson International Center for Scholars

as proposed by the House and the Senate. Funds should be distributed as follows:

Fellowship program ............................................................................... $1,218,000

Scholar support ...................................................................................... 615,000

Public service ......................................................................................... 2,164,000

General administration ......................................................................... 1,656,000

Smithsonian fee ..................................................................................... 208,000

Conference planning .............................................................................. 1,770,000

Space ....................................................................................................... 165,000

Total ............................................................................................. 7,796,000

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

The conference agreement includes $98,234,000 for grants and

administration of the National Endowment for the Arts as proposed

by both the House and the Senate. The Challenge America Arts

Fund, a separate appropriation administered by the NEA, is funded at $17,000,000, as indicated later in the statement of the managers.

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NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

The conference agreement provides $108,382,000 for grants

and administration of the National Endowment for the Humanities

instead of $107,882,000 as proposed by the House and

$109,882,000 as proposed by the Senate. Increases above the House

funding level include $361,000 for Federal/State partnerships,

$217,000 for preservation and access, $155,000 for public programs,

$145,000 for research programs, and $150,000 for education programs. In agreement with the budget estimate and the Senate proposal, the administration activity is funded at $18,450,000, a reduction of $528,000 from the House level. In addition to funds provided in this account, further appropriations for the NEH are included in the matching grants category below.

MATCHING GRANTS

The conference agreement provides $16,122,000 for matching

grants instead of $15,622,000 as proposed by the House and the

Senate. The agreement includes an increase of $500,000 for regional centers.

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM SERVICES

GRANTS AND ADMINISTRATION

The conference agreement provides $26,899,000 for grants and

administration of the Office of Museum Services as proposed by

both the House and the Senate.

CHALLENGE AMERICA ARTS FUND

CHALLENGE AMERICA GRANTS

The conference agreement includes $17,000,000 for Challenge

America grants as proposed by both the House and the Senate.

This account is administered by the National Endowment for the

Arts according to all previously authorized requirements and serves

to provide additional funding for arts education and outreach activities in rural and underserved areas.

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

The conference agreement provides $1,224,000 for salaries and

expenses of the Commission of Fine Arts instead of $1,274,000 as

proposed by the House and $1,174,000 as proposed by the Senate.

The conference agreement does not include $100,000 for the management of a competitive grants program as proposed in the budget

estimate and proposed by the House. The $50,000 increase above

the Senate proposed funding level is intended to meet the cost of

technological improvements, such as equipment and the development of a web page, that will enable the Commission to have direct

communication with the public. Given the significant public

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projects that come before the Commission, such as the World War

II Memorial, the managers believe it is in the public interest to

provide better access to the Commission’s activities and decisions.

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

The conference agreement provides $7,000,000 for National

Capital Arts and Cultural Affairs as proposed by both the House

and the Senate.

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

The conference agreement provides $3,400,000 for salaries and

expenses of the Advisory Council on Historic Preservation as proposed by the House instead of $3,310,000 as proposed by the Senate.

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

The conference agreement provides $7,253,000 for salaries and

expenses of the National Capital Planning Commission as proposed

by both the House and the Senate.

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

The conference agreement provides $36,028,000 for the Holocaust Memorial Museum as proposed by the House and the Senate.

PRESIDIO TRUST

PRESIDIO TRUST FUND

The conference agreement provides $23,125,000 for the Presidio Trust Fund as proposed by the Senate instead of $22,427,000

as proposed by the House.

TITLE III—GENERAL PROVISIONS

The conference agreement includes sections 301, and the text

of sections 314 through 317, and 320 through 322, which were

identical in both the House and the Senate bills, although section

numbers have been changed in some cases in the conference agreement.

The conference agreement includes House sections 302 through

307, 309, 311, 318, 324, 325, and 330. Identical language was proposed by the Senate in sections 303 through 308, 310, 312, 319,

325, 326, and 332.

Section 308 retains the text of section 309 as proposed by the

Senate concerning a pedestrian bridge between New Jersey and

Ellis Island. The House had similar language in section 308, but

included text carried in last year’s law.

Section 310 retains the text of section 311 as proposed by the

Senate, which limits payments for contract support costs for the

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Bureau of Indian Affairs and the Indian Health Service. The text

of section 310 as proposed by the House is identical except for the

use of capitalization.

Section 312 modifies language in section 312 as proposed by

the House concerning an extension of the recreational fee demonstration program. The managers have agreed to a two year extension of this program through fiscal year 2004 rather than the

four year extension recommended by the House. The managers

have provided this extension to allow the authorizing committees

with jurisdiction to continue their assessment of this program and

to provide for a permanent solution to this issue. The managers

strongly encourage the authorizing committees to address this matter forthwith so short-term extensions via the appropriations process are no longer germane. The managers have also modified the

House language by deleting subsection (e), which extended the program to certain Forest Service special use permits. The managers

recommend that the authorizing committees examine various options in this regard. The managers have retained language proposed by the House and contained in Senate recommended section

313 concerning the use of receipts from this program to construct

permanent structures when the total cost of the facility exceeds

$500,000. The managers note that the recreational fee demonstration program has generated substantial revenue, which has made

a major impact on many parks, forests, refuges and public land

units. By the end of fiscal year 2002, the program will have generated $937 million for the four participating agencies. The managers continue to believe that a user fee program, which focuses

the fees directly to local, on-the-ground improvements, is an essential tool to help fund major Federal recreational assets. The managers expect the agencies implementing this program to focus on

public service, to work closely with local communities and the recreational industry, and to use the receipts to enhance visitor services and reduce the backlog in deferred maintenance.

Section 317 retains the text of section 318 as proposed by the

Senate prohibiting the Forest Service from expending or obligating

appropriations in the Act to complete and issue the 5-year program

under the Forest and Rangeland Renewable Resources Planning

Act. The House had no similar provision.

Section 319 retains the text of section 319 as proposed by the

House prohibiting the use of funds in the Act for GSA Telecommunication Centers. The Senate had no similar provision.

Section 323 retains the text of section 323 as proposed by the

Senate. The language as proposed by the House in section 323 differed only in reference to fiscal years.

Section 326 retains the text of section 326 as proposed by the

House which gives preference to dislocated workers for certain restoration contracts in the Giant Sequoia National Monument and

the Sequoia National Forest. Section 329 as proposed by the Senate

consisted of virtually identical text, except for language extending

the length of authorization.

Section 327 modifies the text of section 327 as proposed by the

House which provides that the Secretary of Agriculture shall not

be considered to be in violation of subparagraph 6(f)(5)(A) of the

Forest and Rangeland Renewable Resources Planning Act of 1974

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solely because more than fifteen years have passed without revision of the plan, including its accompanying documents, for a unit

of the National Forest System. It is the managers’ intent that the

passage of more than 15 years without revision of a plan for a unit

of the National Forest System shall not, in and of itself, cause a

violation of the National Environmental Policy Act (NEPA) (43

U.S.C. 4332). Instead, the standards at 40 C.F.R. 1502.9(c) and

project-level NEPA requirements shall govern when a supplemental or additional environmental impact statement is required.

It is the responsibility of the court to determine whether the good

faith requirement of this section has been met and, if not, to order

an accelerated schedule for plan revision. The managers understand that all plans for units of the National Forest System that

will be revised during fiscal year 2002 will be revised pursuant to

current rules (36 C.F.R. Part 219 and Part 217). Given the intense

interest in the Administration’s ongoing revision of forest planning

rules, the managers intend that this section will be in effect for

only one year. It is the managers’ understanding that the authorizing Committees must consider legislation regarding this issue in

the near future. The managers direct the Forest Service to provide

a detailed report to the House and Senate Committees on Appropriations by January 31, 2002, describing the status and activities

regarding each National forest unit land management plan. The report shall also include a plan and schedule, along with funding

needs, to complete the forest plan revision process. The Senate had

no similar provision.

Section 328 retains the text of section 328 as proposed by the

House, which clarifies the requirement for mutually significant

benefits when the Forest Service conducts cooperative agreements.

The Senate had no similar provision.

Section 329 includes a minor technical modification of section

329 as proposed by the House concerning the conveyance of excess

properties by the Forest Service. The Senate had no similar provision.

Section 330 retains the text of section 331 as proposed by the

House which amends section 323 of the fiscal year 1999 Interior

and Related Agencies Appropriations Act by extending for four

years the cooperative agreements authority, thereby allowing the

Forest Service to enter into cooperative agreements with willing

Federal, tribal, State, and local governments, private and non-profit entities and landowners to implement watershed restoration

agreements both on and near National forest system lands. Section

331 as proposed by the Senate was composed of similar language,

but differed in length of authorization.

Section 331 retains the text of section 333 as proposed by the

House that prohibits oil, natural gas and mining related activities

within current National Monument boundaries. The Senate proposed similar language in section 128 under General Provisions,

Department of the Interior.

Section 332 modifies the text of section 327 as proposed by the

Senate expanding the number of stewardship end result contracts

available to the Forest Service. The modified language extends the

duration of the contracts by two years. The House had no similar

provision.

131

Section 333 retains the text of section 328 as proposed by the

Senate requiring that regulations and policies issued by the Departments of the Interior or Agriculture regarding cost recovery for

processing authorizations adhere and incorporate a specific principle arising from Office of Management and Budget Circular, A– 25. The House had no similar provision.

Section 334 modifies section 330 as proposed by the Senate regarding a cabin within the boundary of the Custer National Forest.

After considering the special and unique circumstances surrounding the use of this facility, the managers agree to a provision

that requires issuance of a special use permit to Montana State

University—Billings for use of this cabin for a 20-year term, with

a proviso for a review of the cabin’s use after 10 years. The managers expect the agency to administer the permit in a manner that

allows the University to utilize the cabin’s location for suitable educational programs while recognizing the ecological and cultural values associated with the cabin’s location and historical significance.

The permit shall restrict use of the cabin to educational and scientific activities overseen by the University and necessary maintenance related to these activities consistent with the cabin’s location. The managers expect the Forest Service to oversee the special

use permit under current standards to ensure the cabin’s use is

consistent with this provision. The managers note that the issuance

of this special use permit to bolster educational programs, while

providing an opportunity to further enhance resource management

in the area, shall not be deemed to set precedent for other structures within the national forest system.

Section 336 retains the text of section 334 as proposed by the

Senate, which modifies the Steel Loan Guarantee program. The

House had no similar provision.

The conference agreement does not include language as proposed by the Senate in section 302 concerning the leasing of oil and

natural gas on public lands within the Shawnee National Forest,

Illinois, or in section 324 prohibiting the use of funds for the Kyoto

Protocol, or in section 333 which exempted residents within the

boundaries of the White Mountain National Forest from the recreation fee program. The House had no similar provisions.

The conference agreement does not include language proposed

by the House in section 313 making a provision permanent that exempts properties administered by the Presidio Trust from certain

taxes and assessments, since this provision was made permanent

in the fiscal year 2001 Interior Appropriations Act, or in section

332 that prohibits funding for anyone convicted of violating the

‘‘Buy American Act,’’ or in section 334 that would have prohibited

the use of funds to execute a final lease agreement for oil and gas

development in the area of the Gulf of Mexico known as Lease Sale

181, or in section 335 dealing with a limitation of funds for revising

hardrock mining regulation. The Senate had no similar provisions.

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year

2002 recommended by the Committee of Conference, with comparisons to the fiscal year 2001 amount, the 2002 budget estimates,

and the House and Senate bills for 2002 follow:

[In thousands of dollars]

New budget (obligational) authority, fiscal year 2001 ........................ $18,892,320

Budget estimates of new (obligational) authority, fiscal year 2002 18,072,635

House bill, fiscal year 2002 ................................................................... 18,863,855

Senate bill, fiscal year 2002 .................................................................. 18,644,035

Conference agreement, fiscal year 2002 .............................................. 19,078,220

Conference agreement compared with:

New budget (obligational) authority, fiscal year 2001 ................ +185,900

Budget estimates of new (obligational) authority, fiscal year

2002 .............................................................................................. +1,005,585

House bill, fiscal year 2002 ............................................................ +214,365

Senate bill, fiscal year 2002 ........................................................... +414,185

JOE SKEEN,

RALPH REGULA,

JIM KOLBE,

CHARLES H. TAYLOR,

GEORGE R. NETHERCUTT, Jr.,

ZACH WAMP,

JACK KINGSTON,

JOHN E. PETERSON,

BILL YOUNG,

NORMAN D. DICKS,

JOHN P. MURTHA,

JAMES P. MORAN,

MAURICE HINCHEY,

MARTIN OLAV SABO,

DAVID OBEY, Managers on the Part of the House.

ROBERT BYRD,

PATRICK LEAHY,

ERNEST F. HOLLINGS,

HARRY REID,

BYRON L. DORGAN,

DIANNE FEINSTEIN,

PATTY MURRAY,

DANIEL K. INOUYE,

CONRAD BURNS,

TED STEVENS,

THAD COCHRAN,

PETE V. DOMENICI,

ROBERT F. BENNETT,

JUDD GREGG,

BEN NIGHTHORSE CAMPBELL,

Managers on the Part of the Senate.

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