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[107th Congress Public Law 63]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ063.107]

[[Page 413]]

DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 2002

[[Page 115 STAT. 414]]

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. <<NOTE: Nov. 5, 2001 -  [H.R. 2217]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
the Interior and Related Agencies Appropriations Act, 2002.>> 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

[[Page 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 non-Federal 
entity may be shared, as mutually agreed on by the affected parties: 
Provided further, That in entering into such grants or cooperative 
agreements, the Secretary may consider the enhancement of local and 
small business employment opportunities for rural communities, and that 
in entering into procurement contracts under this section on a best 
value basis, the Secretary may take into account the ability of an 
entity to enhance local and small business employment opportunities in 
rural communities, and that the Secretary may award procurement 
contracts, grants, or cooperative agreements under this section to 
entities that include local non-profit entities, Youth Conservation 
Corps or related partnerships, or small or disadvantaged businesses: 
Provided further, That

[[Page 115 STAT. 416]]

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.

[[Page 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 Bankhead-Jones lands transferred to the Department of the 
Interior pursuant to law, but not less than $10,000,000, to remain 
available until expended: Provided, That not to exceed $600,000 shall be 
available for administrative expenses.

[[Page 115 STAT. 418]]

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579, as amended, and Public Law 93-153, to remain 
available until expended: Provided, <<NOTE: 43 USC 1735 note.>> That 
notwithstanding any provision to the contrary of section 305(a) of 
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will 
be received pursuant to that section, whether as a result of forfeiture, 
compromise, or settlement, if not appropriate for refund pursuant to 
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and 
may be expended under the authority of this Act by the Secretary to 
improve, protect, or 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: <<NOTE: 30 USC 
28f.>> 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,

[[Page 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) <<NOTE: 30 USC 28g.>> 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.

[[Page 115 STAT. 420]]

                              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: <<NOTE: 16 USC 668dd note.>> 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

[[Page 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: <<NOTE: 22 USC 2799aa-1 note.>> 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).

[[Page 115 STAT. 422]]

                          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.

[[Page 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

[[Page 115 STAT. 424]]

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 <<NOTE: 16 USC 14e.>> 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

[[Page 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 <<NOTE: 16 USC 460l-10a note.>> 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

[[Page 115 STAT. 426]]

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: <<NOTE: Reports.>> 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.

[[Page 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: <<NOTE: 43 USC 
50.>> 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.

[[Page 115 STAT. 428]]

                       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.

[[Page 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, <<NOTE: 30 USC 1211 
note.>> That appropriations for the Office of Surface Mining Reclamation 
and Enforcement may provide for the travel and per diem expenses of 
State and tribal personnel attending Office of Surface Mining 
Reclamation and Enforcement sponsored training.

                     abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
including the purchase of not more than 10 passenger motor vehicles for 
replacement only, $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 non-Federal share of the 
cost of projects funded by the Federal Government for the purpose of 
environmental restoration related to treatment or abatement of acid mine 
drainage from abandoned mines: Provided further, That such projects must 
be consistent with the purposes and priorities of the Surface Mining 
Control and Reclamation Act: Provided further, That, in addition to the 
amount granted to the Commonwealth of Pennsylvania under sections 402 
(g)(1) and 402(g)(5) of the Surface Mining Control and Reclamation Act 
(Act), an additional $500,000 will be specifically used for the purpose

[[Page 115 STAT. 430]]

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

[[Page 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: <<NOTE: Expiration date.>> 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

[[Page 115 STAT. 432]]

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

[[Page 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 Bureau-
funded school before September 1, 1999, may continue to operate during 
that period, but only if the charter school pays to the Bureau a pro 
rata share of funds to reimburse the Bureau for the use of the real and 
personal property (including buses and vans), the funds of the charter 
school are kept separate and apart from Bureau funds, and the Bureau 
does not assume any obligation for charter school programs of the State 
in which the school is located if the charter school loses such funding. 
Employees of Bureau-funded schools sharing a campus with a charter 
school and performing functions related to the charter school's 
operation and employees of a charter school shall not be treated as 
Federal employees for purposes of chapter 171 of title 28, United States 
Code (commonly known as the ``Federal Tort Claims Act'').

                          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 <<NOTE: 48 USC 1469b.>> 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

[[Page 115 STAT. 434]]

$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, <<NOTE: Grants. Close Up Foundation.>> 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

[[Page 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 <<NOTE: 25 USC 
4011 note.>> 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, <<NOTE: Records.>> 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.

[[Page 115 STAT. 436]]

                        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 burned-over lands under its jurisdiction; 
for emergency actions related to potential or actual earthquakes, 
floods, volcanoes, storms, or other unavoidable causes; for contingency 
planning subsequent to actual oil spills; for response and natural 
resource damage assessment activities related to actual oil spills; for 
the prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the jurisdiction 
of the Secretary, pursuant to the authority in section 1773(b) of Public 
Law 99-198 (99 Stat. 1658); for emergency reclamation projects under 
section 410 of Public Law 95-87; and shall transfer, from any no year 
funds available to the Office of Surface Mining Reclamation and 
Enforcement, such funds as may be necessary to permit assumption of 
regulatory authority in the event a primacy State is not carrying out 
the regulatory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for wildland fire operations shall be 
available for the payment of obligations incurred during the preceding 
fiscal year, and for reimbursement to other Federal agencies for 
destruction of vehicles, aircraft, or other equipment in connection with 
their use for wildland fire operations, such reimbursement to be 
credited to appropriations currently available at the time of receipt 
thereof: Provided further, That for wildland fire operations, no funds 
shall be made available

[[Page 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.

[[Page 115 STAT. 438]]

    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

[[Page 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

[[Page 115 STAT. 440]]

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--

[[Page 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--

[[Page 115 STAT. 442]]

            (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. <<NOTE: National Wildlife Refuge. South Carolina. 16 USC 
668dd note.>> 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. <<NOTE: Deadline. 16 USC 410hh-2 note.>> 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. <<NOTE: 114 Stat. 2922.>> Section 902(b)(5) of Public Law 
106-568 is hereby amended by inserting a comma after ``N\1/2\''.

    Sec. 134. Clarification of the Secretary of the Interior's Authority 
Under Sections 2701-2721 of Title 25, United

[[Page 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. <<NOTE: 16 USC 1132 note.>>  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 Desert-High 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

[[Page 115 STAT. 444]]

        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

[[Page 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

[[Page 115 STAT. 446]]

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

[[Page 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:

[[Page 115 STAT. 448]]

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.

[[Page 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

[[Page 115 STAT. 450]]

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: <<NOTE: 16 USC 583j-9.>> 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.

[[Page 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,

[[Page 115 STAT. 452]]

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: <<NOTE: 16 USC 579d.>> Provided, That the Forest Service shall 
implement and adhere to the definitions of indirect expenditures 
established pursuant to Public Law 105-277 on a nationwide basis without 
flexibility for modification by any organizational level except the 
Washington Office, and when changed by the Washington Office, such 
changes in definition shall be reported in budget requests submitted by 
the Forest Service: Provided further, That the Forest Service shall 
provide in all future budget justifications, planned indirect 
expenditures in accordance with the definitions, summarized and 
displayed to the Regional, Station, Area, and detached unit office 
level. The justification shall display the estimated source and amount 
of indirect expenditures, by expanded budget line item, of funds in the 
agency's annual budget justification. The display shall include 
appropriated funds and the Knutson-Vandenberg, Brush Disposal, 
Cooperative Work-Other, and Salvage Sale funds. Changes between 
estimated and actual indirect expenditures shall be reported in 
subsequent budget justifications: Provided, That during fiscal year 2002 
the Secretary shall limit total annual indirect obligations from the 
Brush Disposal, Knutson-Vandenberg, Reforestation, Salvage Sale, and 
Roads and Trails funds to 20 percent of the total obligations from each 
fund. Obligations in excess of 20 percent which would otherwise be 
charged to the above funds may be charged to appropriated funds 
available to the Forest Service subject to notification of the 
Committees on Appropriations of the House and Senate.

    Any appropriations or funds available to the Forest Service may be 
used for necessary expenses in the event of law enforcement emergencies 
as necessary to protect natural resources and public or employee safety: 
Provided, That such amounts shall not exceed $750,000.
    The Secretary of Agriculture may authorize the sale of excess 
buildings, facilities, and other properties owned by the Forest Service 
and located on the Green Mountain National Forest, the revenues of which 
shall be retained by the Forest Service and available to the Secretary 
without further appropriation and until expended for maintenance and 
rehabilitation activities on the Green Mountain National Forest.

                          DEPARTMENT OF ENERGY

                          clean coal technology

                               (deferral)

    Of the funds made available under this heading for obligation in 
prior years, $40,000,000 shall not be available until October 1, 2002: 
Provided, That funds made available in previous appropriations Acts 
shall be available for any ongoing project regardless of the separate 
request for proposal under which the project was selected.

[[Page 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: <<NOTE: Deadlines.>> 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. Sec. 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

[[Page 115 STAT. 454]]

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.

[[Page 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: <<NOTE: Reports.>> 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.

[[Page 115 STAT. 456]]

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $2,389,614,000, together with 
payments received during the fiscal year pursuant to 42 U.S.C. 238(b) 
for services furnished by the Indian Health Service: Provided, That 
funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of 
the grant or contract award and thereafter shall remain available to the 
tribe or tribal organization without fiscal year limitation: Provided 
further, That $15,000,000 shall remain available until expended, for the 
Indian Catastrophic Health Emergency Fund: Provided further, That 
$445,776,000 for contract medical care shall remain available for 
obligation until September 30, 2003: Provided further, That of the funds 
provided, up to $22,000,000 shall be used to carry out the loan 
repayment program under section 108 of the Indian Health Care 
Improvement Act: Provided further, That funds provided in this Act may 
be used for 1-year contracts and grants which are to be performed in 2 
fiscal years, so long as the total obligation is recorded in the year 
for which the funds are appropriated: Provided further, That the amounts 
collected by the Secretary of Health and Human Services under the 
authority of title IV of the Indian Health Care Improvement Act shall 
remain available until expended for the purpose of achieving compliance 
with the applicable conditions and requirements of titles XVIII and XIX 
of the Social Security Act (exclusive of planning, design, or 
construction of new facilities): Provided further, That funding 
contained herein, and in any earlier appropriations Acts for scholarship 
programs under the Indian Health Care Improvement Act (25 U.S.C. 1613) 
shall remain available for obligation until September 30, 2003: Provided 
further, That amounts received by tribes and tribal organizations under 
title IV of the Indian Health Care Improvement Act shall be reported and 
accounted for and available to the receiving tribes and tribal 
organizations until expended: Provided further, That, notwithstanding 
any other provision of law, of the amounts provided herein, not to 
exceed $268,234,000 shall be for payments to tribes and tribal 
organizations for contract or grant support costs associated with 
contracts, grants, self-governance compacts or annual funding agreements 
between the Indian Health Service and a tribe or tribal organization 
pursuant to the Indian Self-Determination Act of 1975, as amended, prior 
to or during fiscal year 2002, of which not to exceed $20,000,000 may be 
used for contract support costs associated with new or expanded self-
determination contracts, grants, self-governance compacts or annual 
funding agreements: Provided further, That funds available for the 
Indian Health Care Improvement Fund may be used, as needed, to carry out 
activities typically funded under the Indian Health Facilities account.

[[Page 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 Self-Determination Act, 
and the Indian Health Care Improvement Act, and for expenses necessary 
to carry out such Acts and titles II and III of the Public Health 
Service Act with respect to environmental health and facilities support 
activities of the Indian Health Service, $369,487,000, to remain 
available until expended: Provided, That notwithstanding any other 
provision of law, funds appropriated for the planning, design, 
construction or renovation of health facilities for the benefit of an 
Indian tribe or tribes may be used to purchase land for sites to 
construct, improve, or enlarge health or related facilities: Provided 
further, That from the funds appropriated herein, $5,000,000 shall be 
designated by the Indian Health Service as a contribution to the Yukon-
Kuskokwim Health Corporation (YKHC) to continue a priority project for 
the acquisition of land, planning, design and construction of 79 staff 
quarters in the Bethel service area, pursuant to the negotiated project 
agreement between the YKHC and the Indian Health Service: Provided 
further, That this project shall not be subject to the construction 
provisions of the Indian Self-Determination and Education Assistance Act 
and shall be removed from the Indian Health Service priority list upon 
completion: Provided further, That the Federal Government shall not be 
liable for any property damages or other construction claims that may 
arise from YKHC undertaking this project: Provided further, That the 
land shall be owned or leased by the YKHC and title to quarters shall 
remain vested with the YKHC: Provided further, That $5,000,000 shall 
remain available until expended for the purpose of funding up to two 
joint venture health care facility projects authorized under the Indian 
Health Care Improvement Act, as amended: Provided further, That 
priority, by rank order, shall be given to tribes with outpatient 
projects on the existing Indian Health Services priority list that have 
Service-approved planning documents, and can demonstrate by March 1, 
2002, the financial capability necessary to provide an appropriate 
facility: Provided further, That joint venture funds unallocated after 
March 1, 2002, shall be made available for joint venture projects on a 
competitive basis giving priority to tribes that currently have no 
existing Federally-owned health care facility, have planning documents 
meeting Indian Health Service requirements prepared for approval by the 
Service and can demonstrate the financial capability needed to provide 
an appropriate facility: Provided further, That the Indian Health 
Service shall request additional staffing, operation and maintenance 
funds for these facilities in future budget requests: Provided further, 
That not to exceed $500,000 shall be used by the Indian Health Service 
to purchase TRANSAM equipment from the Department of Defense for 
distribution to the Indian Health Service and tribal facilities: 
Provided further, That not to exceed $500,000 shall be used by the 
Indian Health Service to obtain ambulances for the Indian Health Service 
and tribal facilities in conjunction with an existing interagency

[[Page 115 STAT. 458]]

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

[[Page 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.

[[Page 115 STAT. 460]]

    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,

[[Page 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.

[[Page 115 STAT. 462]]

             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

[[Page 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.

[[Page 115 STAT. 464]]

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

    Sec. 302. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or opposition 
to any legislative proposal on which congressional action is not 
complete.

[[Page 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

[[Page 115 STAT. 466]]

by the Bureau of Land Management to conduct a mineral examination of the 
mining claims or mill sites contained in a patent application as set 
forth in subsection (b). The Bureau of Land Management shall have the 
sole responsibility to choose and pay the third-party contractor in 
accordance with the standard procedures employed by the Bureau of Land 
Management in the retention of third-party contractors.
    Sec. 310. Notwithstanding any other provision of law, amounts 
appropriated to or earmarked in committee reports for the Bureau of 
Indian Affairs and the Indian Health Service by Public Laws 103-138, 
103-332, 104-134, 104-208, 105-83, 105-277, 106-113, and 106-291 for 
payments to tribes and tribal organizations for contract support costs 
associated with self-determination or self-governance contracts, grants, 
compacts, or annual funding agreements with the Bureau of Indian Affairs 
or the Indian Health Service as funded by such Acts, are the total 
amounts available for fiscal years 1994 through 2001 for such purposes, 
except that, for the Bureau of Indian Affairs, tribes and tribal 
organizations may use their tribal priority allocations for unmet 
indirect costs of ongoing contracts, grants, self-governance compacts or 
annual funding agreements.
    Sec. 311. Notwithstanding any other provision of law, for fiscal 
year 2002 the Secretaries of Agriculture and the Interior are authorized 
to limit competition for watershed restoration project contracts as part 
of the ``Jobs in the Woods'' Program established in Region 10 of the 
Forest Service to individuals and entities in historically timber-
dependent areas in the States of Washington, Oregon, northern California 
and Alaska that have been affected by reduced timber harvesting on 
Federal lands. The Secretaries shall consider the benefits to the local 
economy in evaluating bids and designing procurements which create 
economic opportunities for local contractors.
    Sec. 312. (a) Recreational Fee Demonstration Program.--Subsection 
(f) of section 315 of the Department of the Interior and Related 
Agencies Appropriations Act, 1996 (as contained in section 101(c) of 
Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a note), is 
amended--
            (1) by striking ``commence on October 1, 1995, and end on 
        September 30, 2002'' and inserting ``end on September 30, 
        2004''; and
            (2) by striking ``September 30, 2005'' and inserting 
        ``September 30, 2007''.

    (b) <<NOTE: 16 USC 460l-6a note.>> Expansion of Program.--Subsection 
(b) of such section is amended by striking ``no fewer than 10, but as 
many as 100,''.

    (c) <<NOTE: 16 USC 460l-6a note.>> 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) <<NOTE: 16 USC 460l-6a note.>> 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

[[Page 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. <<NOTE: 16 USC 459j-4 note.>> None of the funds made 
available in this or any other Act for any fiscal year may be used to 
designate, or to post any sign designating, any portion of Canaveral 
National Seashore in Brevard County, Florida, as a clothing-optional 
area or as an area in which public nudity is permitted, if such 
designation would be contrary to county ordinance.

    Sec. 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.

[[Page 115 STAT. 468]]

    (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) <<NOTE: Reports.>> the Chairperson shall report to the 
        Congress annually and by State, on grants awarded by the 
        Chairperson in each grant category under section 5 of such Act; 
        and
            (4) the Chairperson shall encourage the use of grants to 
        improve and support community-based music performance and 
        education.

    Sec. 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.

[[Page 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

[[Page 115 STAT. 470]]

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. <<NOTE: 16 USC 460l-6a note.>> A project undertaken by the 
Forest Service under the Recreation Fee Demonstration Program as 
authorized by section 315 of the Department of the Interior and Related 
Agencies Appropriations Act for Fiscal Year 1996, as amended, shall not 
result in--
            (1) displacement of the holder of an authorization to 
        provide commercial recreation services on Federal lands. Prior 
        to initiating any project, the Secretary shall consult with 
        potentially affected holders to determine what impacts the 
        project may have on the holders. Any modifications to the 
        authorization shall be made within the terms and conditions of 
        the authorization and authorities of the impacted agency.
            (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. <<NOTE: 16 USC 1604 note.>> 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. <<NOTE: 16 USC 565a-1 note.>> 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.

[[Page 115 STAT. 471]]

    Sec. <<NOTE: 16 USC 580d note.>> 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) <<NOTE: 16 USC 1011 note.>> 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, <<NOTE: 16 USC 2104 note.>> is amended by striking ``2002'' and 
inserting ``2004''. <<NOTE: 16 USC 2104 note.>> 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. <<NOTE: Permits.>> 334. The Chief of the Forest Service shall 
issue a special use permit for the Sioux Charlie Cabin within the 
boundary of

[[Page 115 STAT. 472]]

the Custer National Forest, Montana, to Montana State University-
Billings, for a term of 20 years for educational purposes compatible 
with the cabin's location. The permit shall be administered under normal 
national forest system authorities and regulations, with an additional 
review after 10 years to ensure the facility is being used for 
educational purposes.

    Sec. 335. Section 551(c) of the Land Between the Lakes Protection 
Act of 1998 (16 U.S.C. 460lll-61(c)) is amended by striking ``2002'' and 
inserting ``2004''.
    Sec. 336. Modification to Steel Loan Guarantee Program. (a) In 
General.--Section 101 of the Emergency Steel Loan Guarantee Act of 1999 
(Public Law 106-51; 15 U.S.C. 1841 note) is amended as follows:
            (1) Terms and conditions.--Subsection (h) is amended--
                    (A) in paragraph (1), by striking ``2005'' and 
                inserting ``2015''; and
                    (B) by amending paragraph (4) to read as follows:
            ``(4) Guarantee level.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), any loan guarantee provided 
                under this section shall not exceed 85 percent of the 
                amount of principal of the loan.
                    ``(B) Increased level one.--A loan guarantee may be 
                provided under this section in excess of 85 percent, but 
                not more than 90 percent, of the amount of principal of 
                the loan, if--
                          ``(i) the aggregate amount of loans guaranteed 
                      at such percentage and outstanding under this 
                      section at any one time does not exceed 
                      $100,000,000; and
                          ``(ii) the aggregate amount of loans 
                      guaranteed at such percentage under this section 
                      with respect to a single qualified steel company 
                      does not exceed $50,000,000.
                    ``(C) Increased level two.--A loan guarantee may be 
                provided under this section in excess of 85 percent, but 
                not more than 95 percent, of the amount of principal of 
                the loan, if--
                          ``(i) the aggregate amount of loans guaranteed 
                      at such percentage and outstanding under this 
                      section at any one time does not exceed 
                      $100,000,000; and
                          ``(ii) the aggregate amount of loans 
                      guaranteed at such percentage under this section 
                      with respect to a single qualified steel company 
                      does not exceed $50,000,000.''.
            (2) Termination of guarantee authority.--Subsection (k) is 
        amended by striking ``2001'' and inserting ``2003''.

    (b) <<NOTE: 15 USC 1841 note.>> 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.

[[Page 115 STAT. 473]]

    This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 2002''.

    Approved November 5, 2001.

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.

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