PUBLIC LAW 107–63—NOV. 5, 2001

DEPARTMENT OF THE INTERIOR AND

RELATED AGENCIES APPROPRIATIONS ACT,

2002

115 STAT. 414 PUBLIC LAW 107–63—NOV. 5, 2001

Public Law 107–63

107th Congress

An Act

Making appropriations for the Department of the Interior and related agencies

for the fiscal year ending September 30, 2002, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, 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 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

Department of

the Interior and

Related Agencies

Appropriations

Act, 2002.

Nov. 5, 2001

[H.R. 2217]

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 415

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 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 nonFederal 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

115 STAT. 416 PUBLIC LAW 107–63—NOV. 5, 2001

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 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.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 417

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 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 BankheadJones 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.

115 STAT. 418 PUBLIC LAW 107–63—NOV. 5, 2001

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

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

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

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use

authorizations, and for rehabilitation of damaged property, such

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

and Public Law 93–153, to remain available until expended: Provided, That notwithstanding any provision to the contrary of section

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

have been or will be received pursuant to that section, whether

as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C.

1735(c)), shall be available and may be expended under the

authority of this Act by the Secretary to improve, protect, or

rehabilitate any public lands administered through the Bureau

of Land Management which have been damaged by the action

of a resource developer, purchaser, permittee, or any unauthorized

person, without regard to whether all moneys collected from each

such action are used on the exact lands damaged which led to

the action: Provided further, That any such moneys that are in

excess of amounts needed to repair damage to the exact land

for which funds were collected may be used to repair other damaged

public lands.

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under

existing laws, there is hereby appropriated such amounts as may

be contributed under section 307 of the Act of October 21, 1976

(43 U.S.C. 1701), and such amounts as may be advanced for

administrative costs, surveys, appraisals, and costs of making

conveyances of omitted lands under section 211(b) of that Act,

to remain available until expended.

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be

available for purchase, erection, and dismantlement of temporary

structures, and alteration and maintenance of necessary buildings

and appurtenant facilities to which the United States has title;

up to $100,000 for payments, at the discretion of the Secretary,

for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of

enforcement activities authorized or approved by the Secretary and

to be accounted for solely on her certificate, not to exceed $10,000:

Provided, That notwithstanding 44 U.S.C. 501, the Bureau may,

under cooperative cost-sharing and partnership arrangements

authorized by law, procure printing services from cooperators in

connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and

the Bureau determines the cooperator is capable of meeting accepted

quality standards: Provided further, That section 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,

30 USC 28f.

43 USC 1735

note.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 419

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 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: 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.

30 USC 28g.

115 STAT. 420 PUBLIC LAW 107–63—NOV. 5, 2001

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

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

16 USC 668dd

note.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 421

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

provided 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).

22 USC 2799aa–

1 note.

115 STAT. 422 PUBLIC LAW 107–63—NOV. 5, 2001

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 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.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 423

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.

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

115 STAT. 424 PUBLIC LAW 107–63—NOV. 5, 2001

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).

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

16 USC 14e.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 425

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.

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

16 USC 460l–10a

note.

115 STAT. 426 PUBLIC LAW 107–63—NOV. 5, 2001

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 include the text of 18 U.S.C. 1913: Provided further, That

none of the funds appropriated to the National Park Service may

be used to implement an agreement for the redevelopment of the

southern end of Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to

the expiration of 30 calendar days (not including any day in which

either House of Congress is not in session because of adjournment

of more than 3 calendar days to a day certain) from the receipt

by the Speaker of the House of Representatives and the President

of the Senate of a full and comprehensive report on the development

of the southern end of Ellis Island, including the facts and circumstances relied upon in support of the proposed project.

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.

Reports.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 427

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 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.

43 USC 50.

115 STAT. 428 PUBLIC LAW 107–63—NOV. 5, 2001

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 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.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 429

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: 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 nonFederal 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

30 USC 1211

note.

115 STAT. 430 PUBLIC LAW 107–63—NOV. 5, 2001

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 Self-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

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 431

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

requirements: Provided further, That such grants shall not be subject to section 12.61 of 43 CFR; the Secretary and the grantee

shall negotiate and determine a schedule of payments for the work

to be performed: Provided further, That in considering applications,

the Secretary shall consider whether the Indian tribe or tribal

organization would be deficient in assuring that the construction

projects conform to applicable building standards and codes and

Federal, tribal, or State health and safety standards as required

by 25 U.S.C. 2005(a), with respect to organizational and financial

management capabilities: Provided further, That if the Secretary

declines an application, the Secretary shall follow the requirements

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

between the Secretary and any grantee concerning a grant shall

be subject to the disputes provision in 25 U.S.C. 2508(e): 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

Expiration date.

115 STAT. 432 PUBLIC LAW 107–63—NOV. 5, 2001

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 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

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 433

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 Bureaufunded 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’’).

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

48 USC 1469b.

115 STAT. 434 PUBLIC LAW 107–63—NOV. 5, 2001

$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).

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

Grants.

Close Up

Foundation.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 435

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

Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain

available until expended by the contractor or grantee: Provided

further, That notwithstanding any other provision of law, the

statute of limitations shall not commence to run on any claim,

including any claim in litigation pending on the date of the enactment of this Act, concerning losses to or mismanagement of trust

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

can determine whether there has been a loss: Provided further,

That notwithstanding any other provision of law, the Secretary

shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for

at least 18 months and has a balance of $1.00 or less: Provided

further, That the Secretary shall issue an annual account statement

and maintain a record of any such accounts and shall permit

the balance in each such account to be withdrawn upon the express

written request of the account holder.

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.

Records.

25 USC 4011

note.

115 STAT. 436 PUBLIC LAW 107–63—NOV. 5, 2001

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 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 burnedover 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

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 437

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 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.

115 STAT. 438 PUBLIC LAW 107–63—NOV. 5, 2001

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

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

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 439

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

Priority Allocation funds, including tribal base funds, to alleviate

tribal funding inequities by transferring funds to address identified,

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

in Tribal Priority Allocation funds of more than 10 percent in

fiscal year 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

115 STAT. 440 PUBLIC LAW 107–63—NOV. 5, 2001

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.

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—

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 441

(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 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—

115 STAT. 442 PUBLIC LAW 107–63—NOV. 5, 2001

(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 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

114 Stat. 2922.

Deadline.

16 USC 410hh–2

note.

National Wildlife

Refuge.

South Carolina.

16 USC 668dd

note.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 443

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 ‘‘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

16 USC 1132

note.

115 STAT. 444 PUBLIC LAW 107–63—NOV. 5, 2001

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.’’.

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

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 445

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.

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

115 STAT. 446 PUBLIC LAW 107–63—NOV. 5, 2001

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 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

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 447

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 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

provided 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:

115 STAT. 448 PUBLIC LAW 107–63—NOV. 5, 2001

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 appropriation, 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.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 449

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $92,000, to

remain available until expended, to be derived from the fund established pursuant to the above Act.

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage federal

lands in Alaska for subsistence uses under title VIII of the Alaska

National Interest Lands Conservation Act (Public Law 96–487),

$5,488,000, 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

115 STAT. 450 PUBLIC LAW 107–63—NOV. 5, 2001

its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations.

None of the funds made available to the Forest Service under

this Act shall be subject to transfer under the provisions of section

702(b) of the Department of Agriculture Organic Act of 1944 (7

U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is

approved in advance by the House and Senate Committees on

Appropriations in compliance with the reprogramming procedures

contained in 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.

16 USC 583j–9.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 451

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 the Foundation shall obtain, by the end of the period

of Federal financial assistance, private contributions to match on

at least one-for-one basis funds advanced by the Forest Service:

Provided further, That the Foundation may transfer Federal funds

to a non-Federal recipient for a project at the same rate that

the recipient has obtained the non-Federal matching funds.

Funds appropriated to the Forest Service shall be available

for interactions with and providing technical assistance to rural

communities for sustainable rural development purposes.

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,

115 STAT. 452 PUBLIC LAW 107–63—NOV. 5, 2001

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.

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 KnutsonVandenberg, 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, KnutsonVandenberg, 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.

16 USC 579d.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 453

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

Deadlines.

115 STAT. 454 PUBLIC LAW 107–63—NOV. 5, 2001

National 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.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 455

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.

Reports.

115 STAT. 456 PUBLIC LAW 107–63—NOV. 5, 2001

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 selfdetermination 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.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 457

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 SelfDetermination 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 the Indian Health Service

and tribal facilities in conjunction with an existing interagency

115 STAT. 458 PUBLIC LAW 107–63—NOV. 5, 2001

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 Indian Self-Determination and Education Assistance Act

of 1975 (25 U.S.C. 450), may be deobligated and reobligated to

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 459

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,

Hopi-partitioned lands residents, those in significantly substandard

housing, and all others certified as eligible and not included in

the preceding categories: Provided further, That none of the funds

contained in this or any other Act may be used by the Office

of Navajo and Hopi Indian Relocation to evict any single Navajo

or Navajo family who, as of November 30, 1985, was physically

domiciled on the lands partitioned to the Hopi Tribe unless a

new or replacement home is provided for such household: Provided

further, That no relocatee will be provided with more than one

new or replacement home: Provided further, That the Office shall

relocate any certified eligible relocatees who have selected and

received an approved homesite on the Navajo reservation or selected

a replacement residence off the Navajo reservation or on the land

acquired pursuant to 25 U.S.C. 640d–10.

115 STAT. 460 PUBLIC LAW 107–63—NOV. 5, 2001

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 available until expended, of which

$10,000,000 is provided for maintenance, repair, rehabilitation and

alteration of facilities at the National Zoological Park: Provided,

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 461

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.

115 STAT. 462 PUBLIC LAW 107–63—NOV. 5, 2001

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

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 463

to section 7(c) of the Act, and for administering the functions

of the Act, to remain available until expended.

MATCHING GRANTS

To carry out the provisions of section 10(a)(2) of the National

Foundation on the Arts and the Humanities Act of 1965, as

amended, $16,122,000, to remain available until expended, of which

$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.

115 STAT. 464 PUBLIC LAW 107–63—NOV. 5, 2001

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.

Contracts.

Public

information.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 465

SEC. 303. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 304. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal

cook, chauffeur, or other personal servants to any officer or

employee of such department or agency except as otherwise provided

by law.

SEC. 305. No assessments may be levied against any program,

budget activity, subactivity, or project funded by this Act unless

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

115 STAT. 466 PUBLIC LAW 107–63—NOV. 5, 2001

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 thirdparty contractor 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 selfgovernance 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

16 USC 460l–6a

note.

16 USC 460l–6a

note.

16 USC 460l–6a

note.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 467

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.’’.

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.

16 USC 459j–4

note.

115 STAT. 468 PUBLIC LAW 107–63—NOV. 5, 2001

(c) In providing services and awarding financial assistance

under the National Foundation on the Arts and Humanities Act

of 1965 with funds appropriated by this Act, the Chairperson of

the National Endowment for the Arts shall ensure that priority

is given to providing services or awarding financial assistance for

projects, productions, workshops, or programs that will encourage

public knowledge, education, understanding, and appreciation of

the arts.

(d) With funds appropriated by this Act to carry out section

5 of the National Foundation on the Arts and Humanities Act

of 1965—

(1) the Chairperson shall establish a grant category for

projects, productions, workshops, or programs that are of

national impact or availability or are able to tour several States;

(2) the Chairperson shall not make grants exceeding 15

percent, in the aggregate, of such funds to any single State,

excluding grants made under the authority of paragraph (1);

(3) the Chairperson shall report to the Congress annually

and by State, on grants awarded by the Chairperson in each

grant category under section 5 of such Act; and

(4) the Chairperson shall encourage the use of grants to

improve and support community-based music performance and

education.

SEC. 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.

Reports.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 469

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 an option that enables callers to reach promptly

an individual on-duty 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

115 STAT. 470 PUBLIC LAW 107–63—NOV. 5, 2001

not meet the requirements of the regulatory exemption shall be

offered as a 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.

16 USC 565a–1

note.

16 USC 1604

note.

16 USC 460l–6a

note.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 471

SEC. 329. (a) PILOT PROGRAM AUTHORIZING CONVEYANCE OF

EXCESS FOREST SERVICE STRUCTURES.—The Secretary of Agriculture 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

Permits.

16 USC 2104

note.

16 USC 2104

note.

16 USC 1011

note.

16 USC 580d

note.

115 STAT. 472 PUBLIC LAW 107–63—NOV. 5, 2001

the Custer National Forest, Montana, to Montana State UniversityBillings, 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.

15 USC 1841

note.

PUBLIC LAW 107–63—NOV. 5, 2001 115 STAT. 473

LEGISLATIVE HISTORY—H.R. 2217:

HOUSE REPORTS: No. 107–103 (Comm. on Appropriations) and 107–234

(Comm. of Conference).

SENATE REPORTS: No. 107–36 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 147 (2001):

June 21, considered and passed House.

July 11, 12, considered and passed Senate, amended.

Oct. 17, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):

Nov. 5, Presidential statement.

Æ

This Act may be cited as the ‘‘Department of the Interior

and Related Agencies Appropriations Act, 2002’’.

Approved November 5, 2001.