IB 

108TH CONGRESS 

1ST SESSION H. R. 2691

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2003

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT

Making appropriations for the Department of the Interior 

and related agencies for the fiscal year ending September 

30, 2004, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Interior and related agencies for the 

6 fiscal year ending September 30, 2004, and for other pur7 poses, namely:
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1 TITLE I—DEPARTMENT OF THE INTERIOR 

2 BUREAU OF LAND MANAGEMENT

3 MANAGEMENT OF LANDS AND RESOURCES

4 For necessary expenses for protection, use, improve5 ment, development, disposal, cadastral surveying, classi6 fication, acquisition of easements and other interests in 

7 lands, and performance of other functions, including main8 tenance of facilities, as authorized by law, in the manage9 ment of lands and their resources under the jurisdiction 

10 of the Bureau of Land Management, including the general 

11 administration of the Bureau, and assessment of mineral 

12 potential of public lands pursuant to Public Law 96–487 

13 (16 U.S.C. 3150(a)), $834,088,000, to remain available 

14 until expended, of which $1,000,000 is for high priority 

15 projects, to be carried out by the Youth Conservation 

16 Corps; $2,222,000 is for assessment of the mineral poten17 tial of public lands in Alaska pursuant to section 1010 

18 of Public Law 96–487; (16 U.S.C. 3150); and of which 

19 not to exceed $1,000,000 shall be derived from the special 

20 receipt account established by the Land and Water Con21 servation Act of 1965, as amended (16 U.S.C. 460l–6a(i)); 

22 and $3,000,000 shall be available in fiscal year 2004 sub23 ject to a match by at least an equal amount by the Na24 tional Fish and Wildlife Foundation for cost-shared 

25 projects supporting conservation of Bureau lands; and 
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1 such funds shall be advanced to the Foundation as a lump 

2 sum grant without regard to when expenses are incurred; 

3 in addition, $32,696,000 is for Mining Law Administra4 tion program operations, including the cost of admin5 istering the mining claim fee program; to remain available 

6 until expended, to be reduced by amounts collected by the 

7 Bureau and credited to this appropriation from annual 

8 mining claim fees so as to result in a final appropriation 

9 estimated at not more than $834,088,000, and 

10 $2,000,000, to remain available until expended, from com11 munication site rental fees established by the Bureau for 

12 the cost of administering communication site activities: 

13 Provided, That appropriations herein made shall not be 

14 available for the destruction of healthy, unadopted, wild 

15 horses and burros in the care of the Bureau or its contrac16 tors. 

17 WILDLAND FIRE MANAGEMENT

18 For necessary expenses for fire preparedness, sup19 pression operations, fire science and research, emergency 

20 rehabilitation, hazardous fuels reduction, and rural fire as21 sistance by the Department of the Interior, $698,725,000, 

22 to remain available until expended, of which not to exceed 

23 $12,374,000 shall be for the renovation or construction 

24 of fire facilities: Provided, That such funds are also avail25 able for repayment of advances to other appropriation ac-
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1 counts from which funds were previously transferred for 

2 such purposes: Provided further, That persons hired pur3 suant to 43 U.S.C. 1469 may be furnished subsistence and 

4 lodging without cost from funds available from this appro5 priation: Provided further, That notwithstanding 42 

6 U.S.C. 1856d, sums received by a bureau or office of the 

7 Department of the Interior for fire protection rendered 

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

9 States property, may be credited to the appropriation from 

10 which funds were expended to provide that protection, and 

11 are available without fiscal year limitation: Provided fur12 ther, That using the amounts designated under this title 

13 of this Act, the Secretary of the Interior may enter into 

14 procurement contracts, grants, or cooperative agreements, 

15 for hazardous fuels reduction activities, and for training 

16 and monitoring associated with such hazardous fuels re17 duction activities, on Federal land, or on adjacent non18 Federal land for activities that benefit resources on Fed19 eral land: Provided further, That the costs of implementing 

20 any cooperative agreement between the Federal Govern21 ment and any non-Federal entity may be shared, as mutu22 ally agreed on by the affected parties: Provided further,

23 That in entering into such grants or cooperative agree24 ments, the Secretary may consider the enhancement of 

25 local and small business employment opportunities for 
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1 rural communities, and that in entering into procurement 

2 contracts under this heading on a best value basis, the 

3 Secretary may take into account the ability of an entity 

4 to enhance local and small business employment opportu5 nities in rural communities, and that the Secretary may 

6 award procurement contracts, grants, or cooperative 

7 agreements under this heading to entities that include 

8 local non-profit entities, Youth Conservation Corps or re9 lated partnerships, or small or disadvantaged businesses: 

10 Provided further, That funds appropriated under this head 

11 may be used to reimburse the United States Fish and 

12 Wildlife Service and the National Marine Fisheries Service 

13 for the costs of carrying out their responsibilities under 

14 the Endangered Species Act of 1973 (16 U.S.C. 1531 et 

15 seq.) to consult and conference, as required by section 7 

16 of such Act in connection with wildland fire management 

17 activities: Provided further, That the Secretary of the Inte18 rior may use wildland fire appropriations to enter into 

19 non-competitive sole source leases of real property with 

20 local governments, at or below fair market value, to con21 struct capitalized improvements for fire facilities on such 

22 leased properties, including but not limited to fire guard 

23 stations, retardant stations, and other initial attack and 

24 fire support facilities, and to make advance payments for 

25 any such lease or for construction activity associated with 
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1 the lease: Provided further, That the Secretary of the Inte2 rior and the Secretary of Agriculture may authorize the 

3 transfer of funds appropriated for wildland fire manage4 ment, in an aggregate amount not to exceed $12,000,000, 

5 between the Departments when such transfers would fa6 cilitate and expedite jointly funded wildland fire manage7 ment programs and projects: Provided further, That funds 

8 provided for wildfire suppression shall be available for sup9 port of Federal emergency response actions. 

10 CENTRAL HAZARDOUS MATERIALS FUND

11 For necessary expenses of the Department of the In12 terior and any of its component offices and bureaus for 

13 the remedial action, including associated activities, of haz14 ardous waste substances, pollutants, or contaminants pur15 suant to the Comprehensive Environmental Response, 

16 Compensation, and Liability Act, as amended (42 U.S.C. 

17 9601 et seq.), $9,978,000, to remain available until ex18 pended: Provided, That notwithstanding 31 U.S.C. 3302, 

19 sums recovered from or paid by a party in advance of or 

20 as reimbursement for remedial action or response activi21 ties conducted by the Department pursuant to section 107 

22 or 113(f) of such Act, shall be credited to this account, 

23 to be available until expended without further appropria24 tion: Provided further, That such sums recovered from or 

25 paid by any party are not limited to monetary payments 
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1 and may include stocks, bonds or other personal or real 

2 property, which may be retained, liquidated, or otherwise 

3 disposed of by the Secretary and which shall be credited 

4 to this account. 

5 CONSTRUCTION

6 For construction of buildings, recreation facilities, 

7 roads, trails, and appurtenant facilities, $10,976,000, to 

8 remain available until expended. 

9 LAND ACQUISITION

10 For expenses necessary to carry out sections 205, 

11 206, and 318(d) of Public Law 94–579, including admin12 istrative expenses and acquisition of lands or waters, or 

13 interests therein, $14,000,000, to be derived from the 

14 Land and Water Conservation Fund, and to remain avail15 able until expended. 

16 OREGON AND CALIFORNIA GRANT LANDS

17 For expenses necessary for management, protection, 

18 and development of resources and for construction, oper19 ation, and maintenance of access roads, reforestation, and 

20 other improvements on the revested Oregon and California 

21 Railroad grant lands, on other Federal lands in the Or22 egon and California land-grant counties of Oregon, and 

23 on adjacent rights-of-way; and acquisition of lands or in24 terests therein, including existing connecting roads on or 

25 adjacent to such grant lands; $106,672,000 to remain 
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1 available until expended: Provided, That 25 percent of the 

2 aggregate of all receipts during the current fiscal year 

3 from the revested Oregon and California Railroad grant 

4 lands is hereby made a charge against the Oregon and 

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

6 General Fund in the Treasury in accordance with the sec7 ond paragraph of subsection (b) of title II of the Act of 

8 August 28, 1937 (50 Stat. 876). 

9 FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND

10 (REVOLVING FUND, SPECIAL ACCOUNT) 

11 In addition to the purposes authorized in Public Law 

12 102–381, funds made available in the Forest Ecosystem 

13 Health and Recovery Fund can be used for the purpose 

14 of planning, preparing, implementing and monitoring sal15 vage timber sales and forest ecosystem health and recovery 

16 activities, such as release from competing vegetation and 

17 density control treatments. The Federal share of receipts 

18 (defined as the portion of salvage timber receipts not paid 

19 to the counties under 43 U.S.C. 1181f and 43 U.S.C. 

20 1181f–1 et seq., and Public Law 106–393) derived from 

21 treatments funded by this account shall be deposited into 

22 the Forest Ecosystem Health and Recovery Fund. 

23 RANGE IMPROVEMENTS

24 For rehabilitation, protection, and acquisition of 

25 lands and interests therein, and improvement of Federal 
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1 rangelands pursuant to section 401 of the Federal Land 

2 Policy and Management Act of 1976 (43 U.S.C. 1701), 

3 notwithstanding any other Act, sums equal to 50 percent 

4 of all moneys received during the prior fiscal year under 

5 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

6 315 et seq.) and the amount designated for range improve7 ments from grazing fees and mineral leasing receipts from 

8 Bankhead-Jones lands transferred to the Department of 

9 the Interior pursuant to law, but not less than 

10 $10,000,000, to remain available until expended: Pro11 vided, That not to exceed $600,000 shall be available for 

12 administrative expenses. 

13 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

14 For administrative expenses and other costs related 

15 to processing application documents and other authoriza16 tions for use and disposal of public lands and resources, 

17 for costs of providing copies of official public land docu18 ments, for monitoring construction, operation, and termi19 nation of facilities in conjunction with use authorizations, 

20 and for rehabilitation of damaged property, such amounts 

21 as may be collected under Public Law 94–579, as amend22 ed, and Public Law 93–153, to remain available until ex23 pended: Provided, That notwithstanding any provision to 

24 the contrary of section 305(a) of Public Law 94–579 (43 

25 U.S.C. 1735(a)), any moneys that have been or will be 
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1 received pursuant to that section, whether as a result of 

2 forfeiture, compromise, or settlement, if not appropriate 

3 for refund pursuant to section 305(c) of that Act (43 

4 U.S.C. 1735(c)), shall be available and may be expended 

5 under the authority of this Act by the Secretary to im6 prove, protect, or rehabilitate any public lands adminis7 tered through the Bureau of Land Management which 

8 have been damaged by the action of a resource developer, 

9 purchaser, permittee, or any unauthorized person, without 

10 regard to whether all moneys collected from each such ac11 tion are used on the exact lands damaged which led to 

12 the action: Provided further, That any such moneys that 

13 are in excess of amounts needed to repair damage to the 

14 exact land for which funds were collected may be used to 

15 repair other damaged public lands. 

16 MISCELLANEOUS TRUST FUNDS

17 In addition to amounts authorized to be expended 

18 under existing laws, there is hereby appropriated such 

19 amounts as may be contributed under section 307 of the 

20 Act of October 21, 1976 (43 U.S.C. 1701), and such 

21 amounts as may be advanced for administrative costs, sur22 veys, appraisals, and costs of making conveyances of omit23 ted lands under section 211(b) of that Act, to remain 

24 available until expended. 
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1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the Bureau of Land Management 

3 shall be available for purchase, erection, and dismantle4 ment of temporary structures, and alteration and mainte5 nance of necessary buildings and appurtenant facilities to 

6 which the United States has title; up to $100,000 for pay7 ments, at the discretion of the Secretary, for information 

8 or evidence concerning violations of laws administered by 

9 the Bureau; miscellaneous and emergency expenses of en10 forcement activities authorized or approved by the Sec11 retary and to be accounted for solely on her certificate, 

12 not to exceed $10,000: Provided, That notwithstanding 44 

13 U.S.C. 501, the Bureau may, under cooperative cost-shar14 ing and partnership arrangements authorized by law, pro15 cure printing services from cooperators in connection with 

16 jointly produced publications for which the cooperators 

17 share the cost of printing either in cash or in services, 

18 and the Bureau determines the cooperator is capable of 

19 meeting accepted quality standards: Provided further,

20 That section 28 of title 30, United States Code, is amend21 ed: (1) in section 28f(a), by striking ‘‘for years 2002 

22 through 2003’’ and inserting in lieu thereof ‘‘for years 

23 2004 through 2008’’; and (2) in section 28g, by striking 

24 ‘‘and before September 30, 2003’’ and inserting in lieu 

25 thereof ‘‘and before September 30, 2008’’. 
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1 UNITED STATES FISH AND WILDLIFE SERVICE

2 RESOURCE MANAGEMENT

3 For necessary expenses of the United States Fish and 

4 Wildlife Service, as authorized by law, and for scientific 

5 and economic studies, maintenance of the herd of long6 horned cattle on the Wichita Mountains Wildlife Refuge, 

7 general administration, and for the performance of other 

8 authorized functions related to such resources by direct 

9 expenditure, contracts, grants, cooperative agreements 

10 and reimbursable agreements with public and private enti11 ties, $959,901,000, to remain available until September 

12 30, 2005, except as otherwise provided herein: Provided,

13 That not less than $2,000,000 shall be provided to local 

14 governments in southern California for planning associ15 ated with the Natural Communities Conservation Plan16 ning (NCCP) program and shall remain available until ex17 pended: Provided further, That $2,000,000 is for high pri18 ority projects, which shall be carried out by the Youth 

19 Conservation Corps: Provided further, That not to exceed 

20 $12,286,000 shall be used for implementing subsections 

21 (a), (b), (c), and (e) of section 4 of the Endangered Spe22 cies Act, as amended, for species that are indigenous to 

23 the United States (except for processing petitions, devel24 oping and issuing proposed and final regulations, and tak25 ing any other steps to implement actions described in sub-
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1 section (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which 

2 not to exceed $8,900,000 shall be used for any activity 

3 regarding the designation of critical habitat, pursuant to 

4 subsection (a)(3), excluding litigation support, for species 

5 already listed pursuant to subsection (a)(1) as of the date 

6 of enactment this Act: Provided further, That of the 

7 amount available for law enforcement, up to $400,000 to 

8 remain available until expended, may at the discretion of 

9 the Secretary be used for payment for information, re10 wards, or evidence concerning violations of laws adminis11 tered by the Service, and miscellaneous and emergency ex12 penses of enforcement activity, authorized or approved by 

13 the Secretary and to be accounted for solely on her certifi14 cate: Provided further, That of the amount provided for 

15 environmental contaminants, up to $1,000,000 may re16 main available until expended for contaminant sample 

17 analyses. 

18 CONSTRUCTION

19 For construction, improvement, acquisition, or re20 moval of buildings and other facilities required in the con21 servation, management, investigation, protection, and uti22 lization of fishery and wildlife resources, and the acquisi23 tion of lands and interests therein; $52,718,000, to remain 

24 available until expended. 
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1 LAND ACQUISITION

2 For expenses necessary to carry out the Land and 

3 Water Conservation Fund Act of 1965, as amended (16 

4 U.S.C. 460l–4 through 11), including administrative ex5 penses, and for acquisition of land or waters, or interest 

6 therein, in accordance with statutory authority applicable 

7 to the United States Fish and Wildlife Service, 

8 $23,058,000, to be derived from the Land and Water Con9 servation Fund, and to remain available until expended: 

10 Provided, That none of the funds appropriated for specific 

11 land acquisition projects can be used to pay for any ad12 ministrative overhead, planning or other management 

13 costs. 

14 LANDOWNER INCENTIVE PROGRAM

15 For expenses necessary to carry out the Land and 

16 Water Conservation Fund Act of 1965, as amended (16 

17 U.S.C. 460l–4 through 11), including administrative ex18 penses, and for private conservation efforts to be carried 

19 out on private lands, $40,000,000, to be derived from the 

20 Land and Water Conservation Fund, and to remain avail21 able until expended: Provided, That the amount provided 

22 herein is for a Landowner Incentive Program established 

23 by the Secretary that provides matching, competitively 

24 awarded grants to States, the District of Columbia, 

25 Tribes, Puerto Rico, Guam, the United States Virgin Is-
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1 lands, the Northern Mariana Islands, and American 

2 Samoa, to establish or supplement existing landowner in3 centive programs that provide technical and financial as4 sistance, including habitat protection and restoration, to 

5 private landowners for the protection and management of 

6 habitat to benefit federally listed, proposed, candidate, or 

7 other at-risk species on private lands. 

8 STEWARDSHIP GRANTS

9 For expenses necessary to carry out the Land and 

10 Water Conservation Fund Act of 1965, as amended (16 

11 U.S.C. 460l–4 through 11), including administrative ex12 penses, and for private conservation efforts to be carried 

13 out on private lands, $10,000,000, to be derived from the 

14 Land and Water Conservation Fund, and to remain avail15 able until expended: Provided, That the amount provided 

16 herein is for a Stewardship Grants Program established 

17 by the Secretary to provide grants and other assistance 

18 to individuals and groups engaged in private conservation 

19 efforts that benefit federally listed, proposed, candidate, 

20 or other at-risk species. 

21 COOPERATIVE ENDANGERED SPECIES CONSERVATION

22 FUND

23 For expenses necessary to carry out section 6 of the 

24 Endangered Species Act of 1973 (16 U.S.C. 1531–1543), 

25 as amended, $86,614,000, of which $36,614,000 is to be 
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1 derived from the Cooperative Endangered Species Con2 servation Fund and $50,000,000 is to be derived from the 

3 Land and Water Conservation Fund and to remain avail4 able until expended. 

5 NATIONAL WILDLIFE REFUGE FUND

6 For expenses necessary to implement the Act of Octo7 ber 17, 1978 (16 U.S.C. 715s), $14,414,000. 

8 NORTH AMERICAN WETLANDS CONSERVATION FUND

9 For expenses necessary to carry out the provisions 

10 of the North American Wetlands Conservation Act, Public 

11 Law 101–233, as amended, $24,560,000, to remain avail12 able until expended. 

13 NEOTROPICAL MIGRATORY BIRD CONSERVATION

14 For financial assistance for projects to promote the 

15 conservation of neotropical migratory birds in accordance 

16 with the Neotropical Migratory Bird Conservation Act, 

17 Public Law 106–247 (16 U.S.C. 6101–6109), $5,000,000, 

18 to remain available until expended. 

19 MULTINATIONAL SPECIES CONSERVATION FUND

20 For expenses necessary to carry out the African Ele21 phant Conservation Act (16 U.S.C. 4201–4203, 4211–

22 4213, 4221–4225, 4241–4245, and 1538), the Asian Ele23 phant Conservation Act of 1997 (Public Law 105–96; 16 

24 U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva25 tion Act of 1994 (16 U.S.C. 5301–5306), and the Great 
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1 Ape Conservation Act of 2000 (16 U.S.C. 6301), 

2 $5,000,000, to remain available until expended. 

3 STATE AND TRIBAL WILDLIFE GRANTS

4 For wildlife conservation grants to States and to the 

5 District of Columbia, Puerto Rico, Guam, the United 

6 States Virgin Islands, the Northern Mariana Islands, 

7 American Samoa, and federally recognized Indian tribes 

8 under the provisions of the Fish and Wildlife Act of 1956 

9 and the Fish and Wildlife Coordination Act, for the devel10 opment and implementation of programs for the benefit 

11 of wildlife and their habitat, including species that are not 

12 hunted or fished, $75,000,000 to be derived from the 

13 Land and Water Conservation Fund, and to remain avail14 able until expended: Provided, That of the amount pro15 vided herein, $6,000,000 is for a competitive grant pro16 gram for Indian tribes not subject to the remaining provi17 sions of this appropriation: Provided further, That the Sec18 retary shall, after deducting said $6,000,000 and adminis19 trative expenses, apportion the amount provided herein in 

20 the following manner: (A) to the District of Columbia and 

21 to the Commonwealth of Puerto Rico, each a sum equal 

22 to not more than one-half of 1 percent thereof; and (B) 

23 to Guam, American Samoa, the United States Virgin Is24 lands, and the Commonwealth of the Northern Mariana 

25 Islands, each a sum equal to not more than one-fourth 
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1 of 1 percent thereof: Provided further, That the Secretary 

2 shall apportion the remaining amount in the following 

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

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

5 area of all such States; and (B) two-thirds of which is 

6 based on the ratio to which the population of such State 

7 bears to the total population of all such States: Provided 

8 further, That the amounts apportioned under this para9 graph shall be adjusted equitably so that no State shall 

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

11 amount available for apportionment under this paragraph 

12 for any fiscal year or more than 5 percent of such amount: 

13 Provided further, That the Federal share of planning 

14 grants shall not exceed 75 percent of the total costs of 

15 such projects and the Federal share of implementation 

16 grants shall not exceed 50 percent of the total costs of 

17 such projects: Provided further, That the non-Federal 

18 share of such projects may not be derived from Federal 

19 grant programs: Provided further, That no State, territory, 

20 or other jurisdiction shall receive a grant unless it has de21 veloped, or committed to develop by October 1, 2005, a 

22 comprehensive wildlife conservation plan, consistent with 

23 criteria established by the Secretary of the Interior, that 

24 considers the broad range of the State, territory, or other 

25 jurisdiction’s wildlife and associated habitats, with appro-
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1 priate priority placed on those species with the greatest 

2 conservation need and taking into consideration the rel3 ative level of funding available for the conservation of 

4 those species: Provided further, That any amount appor5 tioned in 2004 to any State, territory, or other jurisdiction 

6 that remains unobligated as of September 30, 2005, shall 

7 be reapportioned, together with funds appropriated in 

8 2006, in the manner provided herein: Provided further,

9 That balances from amounts previously appropriated 

10 under the heading ‘‘State Wildlife Grants’’ shall be trans11 ferred to and merged with this appropriation and shall re12 main available until expended. 

13 ADMINISTRATIVE PROVISIONS

14 Appropriations and funds available to the United 

15 States Fish and Wildlife Service shall be available for pur16 chase of not to exceed 157 passenger motor vehicles, of 

17 which 142 are for replacement only (including 33 for po18 lice-type use); repair of damage to public roads within and 

19 adjacent to reservation areas caused by operations of the 

20 Service; options for the purchase of land at not to exceed 

21 $1 for each option; facilities incident to such public rec22 reational uses on conservation areas as are consistent with 

23 their primary purpose; and the maintenance and improve24 ment of aquaria, buildings, and other facilities under the 

25 jurisdiction of the Service and to which the United States 
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1 has title, and which are used pursuant to law in connection 

2 with management, and investigation of fish and wildlife 

3 resources: Provided, That notwithstanding 44 U.S.C. 501, 

4 the Service may, under cooperative cost sharing and part5 nership arrangements authorized by law, procure printing 

6 services from cooperators in connection with jointly pro7 duced publications for which the cooperators share at least 

8 one-half the cost of printing either in cash or services and 

9 the Service determines the cooperator is capable of meet10 ing accepted quality standards: Provided further, That the 

11 Service may accept donated aircraft as replacements for 

12 existing aircraft: Provided further, That notwithstanding 

13 any other provision of law, the Secretary of the Interior 

14 may not spend any of the funds appropriated in this Act 

15 for the purchase of lands or interests in lands to be used 

16 in the establishment of any new unit of the National Wild17 life Refuge System unless the purchase is approved in ad18 vance by the House and Senate Committees on Appropria19 tions in compliance with the reprogramming procedures 

20 contained in the House Report accompanying this Act. 

21 NATIONAL PARK SERVICE

22 OPERATION OF THE NATIONAL PARK SYSTEM

23 For expenses necessary for the management, oper24 ation, and maintenance of areas and facilities adminis25 tered by the National Park Service (including special road 
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1 maintenance service to trucking permittees on a reimburs2 able basis), and for the general administration of the Na3 tional Park Service, $1,636,882,000 (reduced by 

4 $6,000,000) of which $10,887,000 is for planning and 

5 interagency coordination in support of Everglades restora6 tion and shall remain available until expended; of which 

7 $98,480,000, to remain available until September 30, 

8 2005, is for maintenance, repair or rehabilitation projects 

9 for constructed assets, operation of the National Park 

10 Service automated facility management software system, 

11 and comprehensive facility condition assessments; and of 

12 which $2,000,000 is for the Youth Conservation Corps for 

13 high priority projects: Provided, That the only funds in 

14 this account which may be made available to support 

15 United States Park Police are those funds approved for 

16 emergency law and order incidents pursuant to established 

17 National Park Service procedures, those funds needed to 

18 maintain and repair United States Park Police adminis19 trative facilities, and those funds necessary to reimburse 

20 the United States Park Police account for the unbudgeted 

21 overtime and travel costs associated with special events for 

22 an amount not to exceed $10,000 per event subject to the 

23 review and concurrence of the Washington headquarters 

24 office. 
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1 UNITED STATES PARK POLICE

2 For expenses necessary to carry out the programs of 

3 the United States Park Police, $78,859,000. 

4 NATIONAL RECREATION AND PRESERVATION

5 For expenses necessary to carry out recreation pro6 grams, natural programs, cultural programs, heritage 

7 partnership programs, environmental compliance and re8 view, international park affairs, statutory or contractual 

9 aid for other activities, and grant administration, not oth10 erwise provided for, $54,924,000: Provided, That none of 

11 the funds in this or previous Acts for the Rivers, Trails 

12 and Conservation Assistance Program may be used for co13 operative agreements or any other form of cash grant. 

14 URBAN PARK AND RECREATION FUND

15 For expenses necessary to carry out the provisions 

16 of the Urban Park and Recreation Recovery Act of 1978 

17 (16 U.S.C. 2501 et seq.), $305,000, to remain available 

18 until expended. 

19 HISTORIC PRESERVATION FUND

20 For expenses necessary in carrying out the Historic 

21 Preservation Act of 1966, as amended (16 U.S.C. 470), 

22 and the Omnibus Parks and Public Lands Management 

23 Act of 1996 (Public Law 104–333), $71,000,000, to be 

24 derived from the Historic Preservation Fund, to remain 

25 available until September 30, 2005: Provided, That of the 
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1 total amount provided, $30,000,000 shall be for Save 

2 America’s Treasures for priority preservation projects, of 

3 nationally significant sites, structures, and artifacts: Pro4 vided further, That any individual Save America’s Treas5 ures grant shall be matched by non-Federal funds: Pro6 vided further, That individual projects shall only be eligible 

7 for one grant, and all projects to be funded shall be ap8 proved by the House and Senate Committees on Appro9 priations and the Secretary of the Interior in consultation 

10 with the President’s Committee on the Arts and Human11 ities prior to the commitment of grant funds: Provided fur12 ther, That Save America’s Treasures funds allocated for 

13 Federal projects shall be available by transfer to appro14 priate accounts of individual agencies, after approval of 

15 such projects by the Secretary of the Interior, in consulta16 tion with the House and Senate Committees on Appropria17 tions and the President’s Committee on the Arts and Hu18 manities. 

19 CONSTRUCTION

20 For construction, improvements, repair or replace21 ment of physical facilities, including the modifications au22 thorized by section 104 of the Everglades National Park 

23 Protection and Expansion Act of 1989, $303,199,000, to 

24 remain available until expended: Provided, That none of 

25 the funds in this or any other Act, may be used to pay 
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1 the salaries and expenses of more than 160 Full Time 

2 Equivalent personnel working for the National Park Serv3 ice’s Denver Service Center funded under the construction 

4 program management and operations activity: Provided 

5 further, That none of the funds provided in this or any 

6 other Act may be used to pre-design, plan, or construct 

7 any new facility (including visitor centers, curatorial facili8 ties, administrative buildings), for which appropriations 

9 have not been specifically provided if the net construction 

10 cost of such facility is in excess of $5,000,000, without 

11 prior approval of the House and Senate Committees on 

12 Appropriations: Provided further, That this restriction ap13 plies to all funds available to the National Park Service, 

14 including partnership and fee demonstration projects: Pro15 vided further, That funds appropriated in this Act and in 

16 any prior Acts for the purpose of implementing the Modi17 fied Water Deliveries to Everglades National Park Project 

18 shall be available for expenditure unless the Secretary of 

19 the Interior, the Secretary of the Army, the Administrator 

20 of the Environmental Protection Agency, and the Attorney 

21 General file a joint report by September 30, 2003, and 

22 each year thereafter until December 31, 2006, to the 

23 House and Senate Committees on Appropriations, the 

24 House Committee on Transportation and Infrastructure, 

25 the House Committee on Resources and the Senate Com-
25

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1 mittee on Environment and Public Works, indicating that 

2 the water entering A.R.M. Loxahatchee National Wildlife 

3 Refuge and Everglades National Park does not meet all 

4 applicable State water quality standards and numeric cri5 teria adopted for phosphorus throughout A.R.M. 

6 Loxahatchee National Wildlife Refuge and Everglades Na7 tional Park, as well as water quality requirements set 

8 forth in the Consent Decree entered in United States v. 

9 South Florida Water Management District, and that the 

10 House and Senate Committees on Appropriations respond 

11 in writing disapproving the further expenditure of funds. 

12 LAND AND WATER CONSERVATION FUND

13 (RESCISSION) 

14 The contract authority provided for fiscal year 2004 

15 by 16 U.S.C. 4601–10a is rescinded. 

16 LAND ACQUISITION AND STATE ASSISTANCE

17 (INCLUDING TRANSFERS OF FUNDS)

18 For expenses necessary to carry out the Land and 

19 Water Conservation Act of 1965, as amended (16 U.S.C. 

20 460l–4 through 11), including administrative expenses, 

21 and for acquisition of lands or waters, or interest therein, 

22 in accordance with the statutory authority applicable to 

23 the National Park Service, $131,154,000, to be derived 

24 from the Land and Water Conservation Fund and to re25 main available until expended, of which $97,500,000 is for 
26

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1 the State assistance program including $2,500,000 to ad2 minister this program: Provided, That none of the funds 

3 provided for the State assistance program may be used 

4 to establish a contingency fund: Provided further, That 

5 notwithstanding any other provision of law, the Secretary 

6 of the Interior, using prior year unobligated funds made 

7 available under any Act enacted before the date of enact8 ment of this Act for land acquisition assistance to the 

9 State of Florida for the acquisition of lands or water, or 

10 interests therein, within the Everglades watershed, shall 

11 transfer $5,000,000 to the United States Fish and Wild12 life Service ‘‘Resource Management’’ account for the pur13 pose of funding water quality monitoring and eradication 

14 of invasive exotic plants at A.R.M. Loxahatchee National 

15 Wildlife Refuge, as well as recovery actions for any listed 

16 species in the South Florida ecosystem, and may transfer 

17 such sums as may be determined necessary by the Sec18 retary of the Interior to the U.S. Army Corps of Engineers 

19 ‘‘Construction, General’’ account for the purpose of modi20 fying the construction of Storm Water Treatment Area 1 

21 East to include additional water quality improvement 

22 measures, such as additional compartmentalization, im23 proved flow control, vegetation management, and other ad24 ditional technologies based upon the recommendations of 

25 the Secretary of the Interior and the South Florida Water 
27

HR 2691 PP 

1 Management District, to maximize the treatment effective2 ness of Storm Water Treatment Area 1 East so that water 

3 delivered by Storm Water Treatment Area 1 East to 

4 A.R.M. Loxahatchee National Wildlife Refuge achieves 

5 State water quality standards, including the numeric cri6 terion for phosphorus, and that the cost sharing provisions 

7 of section 528 of the Water Resources Development Act 

8 of 1996 (110 Stat. 3769) shall apply to any funds pro9 vided by the Secretary of the Interior to the U.S. Army 

10 Corps of Engineers for this purpose: Provided further, 

11 That, subsequent to the transfer of the $5,000,000 to the 

12 U.S. Fish and Wildlife Service and the transfer of funds, 

13 if any, to the U.S. Army Corps of Engineers to carry out 

14 water quality improvement measures for Storm Water 

15 Treatment Area 1 East, if any funds remain to be ex16 pended after the requirements of these provisions have 

17 been met, then the Secretary of the Interior may transfer, 

18 as appropriate, and use the remaining funds for Ever19 glades restoration activities benefiting the lands and re20 sources managed by the Department of the Interior in 

21 South Florida, subject to the approval by the House and 

22 Senate Committees on Appropriations of a reprogramming 

23 request by the Secretary detailing how the remaining 

24 funds will be expended for this purpose. 
28

HR 2691 PP 

1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the National Park Service shall be 

3 available for the purchase of not to exceed 249 passenger 

4 motor vehicles, of which 202 shall be for replacement only, 

5 including not to exceed 193 for police-type use, 10 buses, 

6 and 8 ambulances: Provided, That none of the funds ap7 propriated to the National Park Service may be used to 

8 process any grant or contract documents which do not in9 clude the text of 18 U.S.C. 1913: Provided further, That 

10 none of the funds appropriated to the National Park Serv11 ice may be used to implement an agreement for the rede12 velopment of the southern end of Ellis Island until such 

13 agreement has been submitted to the Congress and shall 

14 not be implemented prior to the expiration of 30 calendar 

15 days (not including any day in which either House of Con16 gress is not in session because of adjournment of more 

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

18 by the Speaker of the House of Representatives and the 

19 President of the Senate of a full and comprehensive report 

20 on the development of the southern end of Ellis Island, 

21 including the facts and circumstances relied upon in sup22 port of the proposed project. 

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

24 National Park Service for activities taken in direct re25 sponse to the United Nations Biodiversity Convention. 
29

HR 2691 PP 

1 The National Park Service may distribute to oper2 ating units based on the safety record of each unit the 

3 costs of programs designed to improve workplace and em4 ployee safety, and to encourage employees receiving work5 ers’ compensation benefits pursuant to chapter 81 of title 

6 5, United States Code, to return to appropriate positions 

7 for which they are medically able. 

8 UNITED STATES GEOLOGICAL SURVEY

9 SURVEYS, INVESTIGATIONS, AND RESEARCH

10 For expenses necessary for the United States Geo11 logical Survey to perform surveys, investigations, and re12 search covering topography, geology, hydrology, biology, 

13 and the mineral and water resources of the United States, 

14 its territories and possessions, and other areas as author15 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

16 to their mineral and water resources; give engineering su17 pervision to power permittees and Federal Energy Regu18 latory Commission licensees; administer the minerals ex19 ploration program (30 U.S.C. 641); and publish and dis20 seminate data relative to the foregoing activities; and to 

21 conduct inquiries into the economic conditions affecting 

22 mining and materials processing industries (30 U.S.C. 3, 

23 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes 

24 as authorized by law and to publish and disseminate data; 

25 $935,660,000, of which $64,536,000 shall be available 
30

HR 2691 PP 

1 only for cooperation with States or municipalities for 

2 water resources investigations; and of which $15,227,000 

3 shall remain available until expended for conducting in4 quiries into the economic conditions affecting mining and 

5 materials processing industries; and of which $8,000,000 

6 shall remain available until expended for satellite oper7 ations; and of which $24,190,000 shall be available until 

8 September 30, 2005, for the operation and maintenance 

9 of facilities and deferred maintenance; and of which 

10 $173,349,000 shall be available until September 30, 2005, 

11 for the biological research activity and the operation of 

12 the Cooperative Research Units: Provided, That none of 

13 these funds provided for the biological research activity 

14 shall be used to conduct new surveys on private property, 

15 unless specifically authorized in writing by the property 

16 owner: Provided further, That no part of this appropria17 tion shall be used to pay more than one-half the cost of 

18 topographic mapping or water resources data collection 

19 and investigations carried on in cooperation with States 

20 and municipalities. 

21 ADMINISTRATIVE PROVISIONS

22 The amount appropriated for the United States Geo23 logical Survey shall be available for the purchase of not 

24 to exceed 53 passenger motor vehicles, of which 48 are 

25 for replacement only; reimbursement to the General Serv-
31

HR 2691 PP 

1 ices Administration for security guard services; con2 tracting for the furnishing of topographic maps and for 

3 the making of geophysical or other specialized surveys 

4 when it is administratively determined that such proce5 dures are in the public interest; construction and mainte6 nance of necessary buildings and appurtenant facilities; 

7 acquisition of lands for gauging stations and observation 

8 wells; expenses of the United States National Committee 

9 on Geology; and payment of compensation and expenses 

10 of persons on the rolls of the Survey duly appointed to 

11 represent the United States in the negotiation and admin12 istration of interstate compacts: Provided, That activities 

13 funded by appropriations herein made may be accom14 plished through the use of contracts, grants, or coopera15 tive agreements as defined in 31 U.S.C. 6302 et seq.: Pro16 vided further, That notwithstanding the provisions of the 

17 Federal Grant and Cooperative Agreement Act of 1977 

18 (31 U.S.C. 6301–6308), the U.S. Geological Survey is au19 thorized to continue existing, and hereafter, to enter into 

20 new cooperative agreements directed towards a particular 

21 cooperator, in support of joint research and data collection 

22 activities with Federal, State, and academic partners 

23 funded by appropriations herein, including those that pro24 vide for space in cooperator facilities. 
32

HR 2691 PP 

1 MINERALS MANAGEMENT SERVICE

2 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

3 For expenses necessary for minerals leasing and envi4 ronmental studies, regulation of industry operations, and 

5 collection of royalties, as authorized by law; for enforcing 

6 laws and regulations applicable to oil, gas, and other min7 erals leases, permits, licenses and operating contracts; and 

8 for matching grants or cooperative agreements; including 

9 the purchase of not to exceed eight passenger motor vehi10 cles for replacement only, $164,216,000, of which 

11 $80,396,000, shall be available for royalty management 

12 activities; and an amount not to exceed $100,230,000, to 

13 be credited to this appropriation and to remain available 

14 until expended, from additions to receipts resulting from 

15 increases to rates in effect on August 5, 1993, from rate 

16 increases to fee collections for Outer Continental Shelf ad17 ministrative activities performed by the Minerals Manage18 ment Service (MMS) over and above the rates in effect 

19 on September 30, 1993, and from additional fees for 

20 Outer Continental Shelf administrative activities estab21 lished after September 30, 1993: Provided, That to the 

22 extent $100,230,000 in additions to receipts are not real23 ized from the sources of receipts stated above, the amount 

24 needed to reach $100,230,000 shall be credited to this ap25 propriation from receipts resulting from rental rates for 
33

HR 2691 PP 

1 Outer Continental Shelf leases in effect before August 5, 

2 1993: Provided further, That $3,000,000 for computer ac3 quisitions shall remain available until September 30, 

4 2005: Provided further, That funds appropriated under 

5 this Act shall be available for the payment of interest in 

6 accordance with 30 U.S.C. 1721(b) and (d): Provided fur7 ther, That not to exceed $3,000 shall be available for rea8 sonable expenses related to promoting volunteer beach and 

9 marine cleanup activities: Provided further, That notwith10 standing any other provision of law, $15,000 under this 

11 heading shall be available for refunds of overpayments in 

12 connection with certain Indian leases in which the Direc13 tor of MMS concurred with the claimed refund due, to 

14 pay amounts owed to Indian allottees or tribes, or to cor15 rect prior unrecoverable erroneous payments: Provided 

16 further, That MMS may under the royalty-in-kind pilot 

17 program, or under its authority to transfer oil to the Stra18 tegic Petroleum Reserve, use a portion of the revenues 

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

20 limitation, to pay for transportation to wholesale market 

21 centers or upstream pooling points, and to process or oth22 erwise dispose of royalty production taken in kind, and 

23 to recover MMS transportation costs, salaries, and other 

24 administrative costs directly related to filling the Strategic 

25 Petroleum Reserve: Provided further, That MMS shall 
34

HR 2691 PP 

1 analyze and document the expected return in advance of 

2 any royalty-in-kind sales to assure to the maximum extent 

3 practicable that royalty income under the pilot program 

4 is equal to or greater than royalty income recognized 

5 under a comparable royalty-in-value program. 

6 OIL SPILL RESEARCH

7 For necessary expenses to carry out title I, section 

8 1016, title IV, sections 4202 and 4303, title VII, and title 

9 VIII, section 8201 of the Oil Pollution Act of 1990, 

10 $7,105,000, which shall be derived from the Oil Spill Li11 ability Trust Fund, to remain available until expended. 

12 OFFICE OF SURFACE MINING RECLAMATION AND

13 ENFORCEMENT

14 REGULATION AND TECHNOLOGY

15 For necessary expenses to carry out the provisions 

16 of the Surface Mining Control and Reclamation Act of 

17 1977, Public Law 95–87, as amended, including the pur18 chase of not to exceed 10 passenger motor vehicles, for 

19 replacement only; $106,424,000: Provided, That the Sec20 retary of the Interior, pursuant to regulations, may use 

21 directly or through grants to States, moneys collected in 

22 fiscal year 2004 for civil penalties assessed under section 

23 518 of the Surface Mining Control and Reclamation Act 

24 of 1977 (30 U.S.C. 1268), to reclaim lands adversely af25 fected by coal mining practices after August 3, 1977, to 
35

HR 2691 PP 

1 remain available until expended: Provided further, That 

2 appropriations for the Office of Surface Mining Reclama3 tion and Enforcement may provide for the travel and per 

4 diem expenses of State and tribal personnel attending Of5 fice of Surface Mining Reclamation and Enforcement 

6 sponsored training. 

7 ABANDONED MINE RECLAMATION FUND

8 For necessary expenses to carry out title IV of the 

9 Surface Mining Control and Reclamation Act of 1977, 

10 Public Law 95–87, as amended, including the purchase 

11 of not more than 10 passenger motor vehicles for replace12 ment only, $194,469,000, to be derived from receipts of 

13 the Abandoned Mine Reclamation Fund and to remain 

14 available until expended; of which up to $10,000,000, to 

15 be derived from the Federal Expenses Share of the Fund, 

16 shall be for supplemental grants to States for the reclama17 tion of abandoned sites with acid mine rock drainage from 

18 coal mines, and for associated activities, through the Ap19 palachian Clean Streams Initiative: Provided, That grants 

20 to minimum program States will be $1,500,000 per State 

21 in fiscal year 2004: Provided further, That of the funds 

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

23 emergency program authorized by section 410 of Public 

24 Law 95–87, as amended, of which no more than 25 per25 cent shall be used for emergency reclamation projects in 
36

HR 2691 PP 

1 any one State and funds for federally administered emer2 gency reclamation projects under this proviso shall not ex3 ceed $11,000,000: Provided further, That prior year unob4 ligated funds appropriated for the emergency reclamation 

5 program shall not be subject to the 25 percent limitation 

6 per State and may be used without fiscal year limitation 

7 for emergency projects: Provided further, That pursuant 

8 to Public Law 97–365, the Department of the Interior is 

9 authorized to use up to 20 percent from the recovery of 

10 the delinquent debt owed to the United States Government 

11 to pay for contracts to collect these debts: Provided fur12 ther, That funds made available under title IV of Public 

13 Law 95–87 may be used for any required non-Federal 

14 share of the cost of projects funded by the Federal Gov15 ernment for the purpose of environmental restoration re16 lated to treatment or abatement of acid mine drainage 

17 from abandoned mines: Provided further, That such 

18 projects must be consistent with the purposes and prior19 ities of the Surface Mining Control and Reclamation Act. 

20 BUREAU OF INDIAN AFFAIRS

21 OPERATION OF INDIAN PROGRAMS

22 For expenses necessary for the operation of Indian 

23 programs, as authorized by law, including the Snyder Act 

24 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De25 termination and Education Assistance Act of 1975 (25 
37

HR 2691 PP 

1 U.S.C. 450 et seq.), as amended, the Education Amend2 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 

3 Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), 

4 as amended, $1,902,106,000, to remain available until 

5 September 30, 2005 except as otherwise provided herein, 

6 of which not to exceed $85,925,000 shall be for welfare 

7 assistance payments and notwithstanding any other provi8 sion of law, including but not limited to the Indian Self9 Determination Act of 1975, as amended, not to exceed 

10 $135,315,000 shall be available for payments to tribes and 

11 tribal organizations for contract support costs associated 

12 with ongoing contracts, grants, compacts, or annual fund13 ing agreements entered into with the Bureau prior to or 

14 during fiscal year 2004, as authorized by such Act, except 

15 that tribes and tribal organizations may use their tribal 

16 priority allocations for unmet indirect costs of ongoing 

17 contracts, grants, or compacts, or annual funding agree18 ments and for unmet welfare assistance costs; and of 

19 which not to exceed $458,524,000 for school operations 

20 costs of Bureau-funded schools and other education pro21 grams shall become available on July 1, 2004, and shall 

22 remain available until September 30, 2005; and of which 

23 not to exceed $55,374,000 shall remain available until ex24 pended for housing improvement, road maintenance, at25 torney fees, litigation support, the Indian Self-Determina-
38

HR 2691 PP 

1 tion Fund, land records improvement, and the Navajo2 Hopi Settlement Program: Provided, That notwith3 standing any other provision of law, including but not lim4 ited to the Indian Self-Determination Act of 1975, as 

5 amended, and 25 U.S.C. 2008, not to exceed $49,297,000 

6 within and only from such amounts made available for 

7 school operations shall be available to tribes and tribal or8 ganizations for administrative cost grants associated with 

9 ongoing grants entered into with the Bureau prior to or 

10 during fiscal year 2003 for the operation of Bureau-fund11 ed schools, and up to $3,000,000 within and only from 

12 such amounts made available for school operations shall 

13 be available for the transitional costs of initial administra14 tive cost grants to tribes and tribal organizations that 

15 enter into grants for the operation on or after July 1, 

16 2004 of Bureau-operated schools: Provided further, That 

17 any forestry funds allocated to a tribe which remain unob18 ligated as of September 30, 2005, may be transferred dur19 ing fiscal year 2006 to an Indian forest land assistance 

20 account established for the benefit of such tribe within the 

21 tribe’s trust fund account: Provided further, That any such 

22 unobligated balances not so transferred shall expire on 

23 September 30, 2006. 
39

HR 2691 PP 

1 CONSTRUCTION

2 For construction, repair, improvement, and mainte3 nance of irrigation and power systems, buildings, utilities, 

4 and other facilities, including architectural and engineer5 ing services by contract; acquisition of lands, and interests 

6 in lands; and preparation of lands for farming, and for 

7 construction of the Navajo Indian Irrigation Project pur8 suant to Public Law 87–483, $345,154,000, to remain 

9 available until expended: Provided, That such amounts as 

10 may be available for the construction of the Navajo Indian 

11 Irrigation Project may be transferred to the Bureau of 

12 Reclamation: Provided further, That not to exceed 6 per13 cent of contract authority available to the Bureau of In14 dian Affairs from the Federal Highway Trust Fund may 

15 be used to cover the road program management costs of 

16 the Bureau: Provided further, That any funds provided for 

17 the Safety of Dams program pursuant to 25 U.S.C. 13 

18 shall be made available on a nonreimbursable basis: Pro19 vided further, That for fiscal year 2004, in implementing 

20 new construction or facilities improvement and repair 

21 project grants in excess of $100,000 that are provided to 

22 tribally controlled grant schools under Public Law 100–

23 297, as amended, the Secretary of the Interior shall use 

24 the Administrative and Audit Requirements and Cost 

25 Principles for Assistance Programs contained in 43 CFR 
40

HR 2691 PP 

1 part 12 as the regulatory requirements: Provided further,

2 That such grants shall not be subject to section 12.61 of 

3 43 CFR; the Secretary and the grantee shall negotiate and 

4 determine a schedule of payments for the work to be per5 formed: Provided further, That in considering applications, 

6 the Secretary shall consider whether the Indian tribe or 

7 tribal organization would be deficient in assuring that the 

8 construction projects conform to applicable building stand9 ards and codes and Federal, tribal, or State health and 

10 safety standards as required by 25 U.S.C. 2005(a), with 

11 respect to organizational and financial management capa12 bilities: Provided further, That if the Secretary declines an 

13 application, the Secretary shall follow the requirements 

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

15 any disputes between the Secretary and any grantee con16 cerning a grant shall be subject to the disputes provision 

17 in 25 U.S.C. 2508(e). 

18 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

19 MISCELLANEOUS PAYMENTS TO INDIANS

20 (INCLUDING TRANSFER OF FUNDS)

21 For miscellaneous payments to Indian tribes and in22 dividuals and for necessary administrative expenses, 

23 $60,551,000, to remain available until expended; of which 

24 $31,610,000 shall be available for implementation of en25 acted Indian land and water claim settlements pursuant 
41

HR 2691 PP 

1 to Public Laws 101–618, 107–331, and 102–575, and for 

2 implementation of other enacted water rights settlements; 

3 and of which $18,817,000 shall be available pursuant to 

4 Public Laws 99–264, 100–580, 106–425, and 106–554; 

5 and of which $9,968,000 shall be available for payment 

6 to the Quinault Indian Nation pursuant to the terms of 

7 the North Boundary Settlement Agreement dated July 14, 

8 2000, providing for the acquisition of perpetual conserva9 tion easements from the Nation: Provided, That of the 

10 payment to the Quinault Indian Nation, $4,968,000 shall 

11 be derived from amounts provided under the heading 

12 ‘‘United States Fish and Wildlife Service, Land Acquisi13 tion’’ in Public Law 108–7. 

14 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

15 For the cost of guaranteed and insured loans, 

16 $5,797,000, as authorized by the Indian Financing Act 

17 of 1974, as amended: Provided, That such costs, including 

18 the cost of modifying such loans, shall be as defined in 

19 section 502 of the Congressional Budget Act of 1974: Pro20 vided further, That these funds are available to subsidize 

21 total loan principal, any part of which is to be guaranteed, 

22 not to exceed $94,568,000. 

23 In addition, for administrative expenses to carry out 

24 the guaranteed and insured loan programs, $700,000. 
42

HR 2691 PP 

1 ADMINISTRATIVE PROVISIONS

2 The Bureau of Indian Affairs may carry out the oper3 ation of Indian programs by direct expenditure, contracts, 

4 cooperative agreements, compacts and grants, either di5 rectly or in cooperation with States and other organiza6 tions. 

7 Notwithstanding 25 U.S.C. 15, the Bureau of Indian 

8 Affairs may contract for services in support of the man9 agement, operation, and maintenance of the Power Divi10 sion of the San Carlos Irrigation Project. 

11 Appropriations for the Bureau of Indian Affairs (ex12 cept the revolving fund for loans, the Indian loan guar13 antee and insurance fund, and the Indian Guaranteed 

14 Loan Program account) shall be available for expenses of 

15 exhibits, and purchase of not to exceed 229 passenger 

16 motor vehicles, of which not to exceed 187 shall be for 

17 replacement only. 

18 Notwithstanding any other provision of law, no funds 

19 available to the Bureau of Indian Affairs for central office 

20 operations, or pooled overhead general administration (ex21 cept facilities operations and maintenance) shall be avail22 able for tribal contracts, grants, compacts, or cooperative 

23 agreements with the Bureau of Indian Affairs under the 

24 provisions of the Indian Self-Determination Act or the 
43

HR 2691 PP 

1 Tribal Self-Governance Act of 1994 (Public Law 103–

2 413). 

3 In the event any tribe returns appropriations made 

4 available by this Act to the Bureau of Indian Affairs for 

5 distribution to other tribes, this action shall not diminish 

6 the Federal Government’s trust responsibility to that 

7 tribe, or the government-to-government relationship be8 tween the United States and that tribe, or that tribe’s abil9 ity to access future appropriations. 

10 Notwithstanding any other provision of law, no funds 

11 available to the Bureau, other than the amounts provided 

12 herein for assistance to public schools under 25 U.S.C. 

13 452 et seq., shall be available to support the operation of 

14 any elementary or secondary school in the State of Alaska. 

15 Appropriations made available in this or any other 

16 Act for schools funded by the Bureau shall be available 

17 only to the schools in the Bureau school system as of Sep18 tember 1, 1996. No funds available to the Bureau shall 

19 be used to support expanded grades for any school or dor20 mitory beyond the grade structure in place or approved 

21 by the Secretary of the Interior at each school in the Bu22 reau school system as of October 1, 1995. Funds made 

23 available under this Act may not be used to establish a 

24 charter school at a Bureau-funded school (as that term 

25 is defined in section 1146 of the Education Amendments 
44

HR 2691 PP 

1 of 1978 (25 U.S.C. 2026)), except that a charter school 

2 that is in existence on the date of the enactment of this 

3 Act and that has operated at a Bureau-funded school be4 fore September 1, 1999, may continue to operate during 

5 that period, but only if the charter school pays to the Bu6 reau a pro rata share of funds to reimburse the Bureau 

7 for the use of the real and personal property (including 

8 buses and vans), the funds of the charter school are kept 

9 separate and apart from Bureau funds, and the Bureau 

10 does not assume any obligation for charter school pro11 grams of the State in which the school is located if the 

12 charter school loses such funding. Employees of Bureau13 funded schools sharing a campus with a charter school and 

14 performing functions related to the charter school’s oper15 ation and employees of a charter school shall not be treat16 ed as Federal employees for purposes of chapter 171 of 

17 title 28, United States Code. 

18 DEPARTMENTAL OFFICES

19 INSULAR AFFAIRS

20 ASSISTANCE TO TERRITORIES

21 For expenses necessary for assistance to territories 

22 under the jurisdiction of the Department of the Interior, 

23 $74,343,000, of which: (1) $68,022,000 shall be available 

24 until expended for technical assistance, including mainte25 nance assistance, disaster assistance, insular management 
45

HR 2691 PP 

1 controls, coral reef initiative activities, and brown tree 

2 snake control and research; grants to the judiciary in 

3 American Samoa for compensation and expenses, as au4 thorized by law (48 U.S.C. 1661(c)); grants to the Govern5 ment of American Samoa, in addition to current local rev6 enues, for construction and support of governmental func7 tions; grants to the Government of the Virgin Islands as 

8 authorized by law; grants to the Government of Guam, 

9 as authorized by law; and grants to the Government of 

10 the Northern Mariana Islands as authorized by law (Pub11 lic Law 94–241; 90 Stat. 272); and (2) $6,321,000 shall 

12 be available for salaries and expenses of the Office of Insu13 lar Affairs: Provided, That all financial transactions of the 

14 territorial and local governments herein provided for, in15 cluding such transactions of all agencies or instrumental16 ities established or used by such governments, may be au17 dited by the General Accounting Office, at its discretion, 

18 in accordance with chapter 35 of title 31, United States 

19 Code: Provided further, That Northern Mariana Islands 

20 Covenant grant funding shall be provided according to 

21 those terms of the Agreement of the Special Representa22 tives on Future United States Financial Assistance for the 

23 Northern Mariana Islands approved by Public Law 104–

24 134: Provided further, That of the amounts provided for 

25 technical assistance, sufficient funds shall be made avail-
46

HR 2691 PP 

1 able for a grant to the Pacific Basin Development Council: 

2 Provided further, That of the amounts provided for tech3 nical assistance, sufficient funding shall be made available 

4 for a grant to the Close Up Foundation: Provided further,

5 That the funds for the program of operations and mainte6 nance improvement are appropriated to institutionalize 

7 routine operations and maintenance improvement of cap8 ital infrastructure with territorial participation and cost 

9 sharing to be determined by the Secretary based on the 

10 grantee’s commitment to timely maintenance of its capital 

11 assets: Provided further, That any appropriation for dis12 aster assistance under this heading in this Act or previous 

13 appropriations Acts may be used as non-Federal matching 

14 funds for the purpose of hazard mitigation grants provided 

15 pursuant to section 404 of the Robert T. Stafford Disaster 

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

17 COMPACT OF FREE ASSOCIATION

18 For economic assistance and necessary expenses for 

19 the Federated States of Micronesia and the Republic of 

20 the Marshall Islands as provided for in sections 221(a)(3), 

21 221(b), 223, and 233 of the Compact of Free Association, 

22 and for economic assistance and necessary expenses for 

23 the Republic of Palau as provided for in sections 

24 221(a)(2), 221(b), and 233 of the Compact of Free Asso25 ciation, $16,354,000, to remain available until expended, 
47

HR 2691 PP 

1 as authorized by Public Law 99–239 and Public Law 99–

2 658. 

3 DEPARTMENTAL MANAGEMENT

4 SALARIES AND EXPENSES

5 For necessary expenses for management of the De6 partment of the Interior, $79,027,000 (reduced by 

7 $3,000,000), of which not to exceed $8,500 may be for 

8 official reception and representation expenses, and of 

9 which up to $1,000,000 shall be available for workers com10 pensation payments and unemployment compensation pay11 ments associated with the orderly closure of the United 

12 States Bureau of Mines: Provided, That none of the funds 

13 in this or previous appropriations Acts may be used to 

14 establish any additional reserves in the Working Capital 

15 account other than the two authorized reserves without 

16 prior approval of the House and Senate Committees on 

17 Appropriations. 

18 WORKING CAPITAL FUND

19 From unobligated balances under this heading, 

20 $20,000,000 are hereby cancelled. 

21 PAYMENTS IN LIEU OF TAXES

22 For expenses necessary to implement the Act of Octo23 ber 20, 1976, as amended (31 U.S.C. 6901–6907), 

24 $225,000,000, of which not to exceed $400,000 shall be 

25 available for administrative expenses: Provided, That no 
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1 payment shall be made to otherwise eligible units of local 

2 government if the computed amount of the payment is less 

3 than $100. 

4 OFFICE OF THE SOLICITOR

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of the Solicitor, 

7 $50,374,000. 

8 OFFICE OF INSPECTOR GENERAL

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of Inspector 

11 General, $39,049,000, of which $3,812,000 shall be for 

12 procurement by contract of independent auditing services 

13 to audit the consolidated Department of the Interior an14 nual financial statement and the annual financial state15 ment of the Department of the Interior bureaus and of16 fices funded in this Act. 

17 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

18 FEDERAL TRUST PROGRAMS

19 For operation of trust programs for Indians by direct 

20 expenditure, contracts, cooperative agreements, compacts, 

21 and grants, $219,641,000, of which $75,000,000 shall be 

22 available for historical accounting, to remain available 

23 until expended: Provided, That funds for trust manage24 ment improvements and litigation support may, as needed, 

25 be transferred to or merged with the Bureau of Indian 
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1 Affairs, ‘‘Operation of Indian Programs’’ account; the Of2 fice of the Solicitor, ‘‘Salaries and Expenses’’ account; and 

3 the Departmental Management, ‘‘Salaries and Expenses’’ 

4 account: Provided further, That funds made available to 

5 Tribes and Tribal organizations through contracts or 

6 grants obligated during fiscal year 2004, as authorized by 

7 the Indian Self-Determination Act of 1975 (25 U.S.C. 450 

8 et seq.), shall remain available until expended by the con9 tractor or grantee: Provided further, That notwithstanding 

10 any other provision of law, the statute of limitations shall 

11 not commence to run on any claim, including any claim 

12 in litigation pending on the date of the enactment of this 

13 Act, concerning losses to or mismanagement of trust 

14 funds, until the affected tribe or individual Indian has 

15 been furnished with an accounting of such funds from 

16 which the beneficiary can determine whether there has 

17 been a loss: Provided further, That notwithstanding any 

18 other provision of law, the Secretary shall not be required 

19 to provide a quarterly statement of performance for any 

20 Indian trust account that has not had activity for at least 

21 18 months and has a balance of $1.00 or less: Provided 

22 further, That the Secretary shall issue an annual account 

23 statement and maintain a record of any such accounts and 

24 shall permit the balance in each such account to be with25 drawn upon the express written request of the account 
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1 holder: Provided further, That not to exceed $50,000 is 

2 available for the Secretary to make payments to correct 

3 administrative errors of either disbursements from or de4 posits to Individual Indian Money or Tribal accounts after 

5 September 30, 2002: Provided further, That erroneous 

6 payments that are recovered shall be credited to and re7 main available in this account for this purpose. 

8 INDIAN LAND CONSOLIDATION

9 For consolidation of fractional interests in Indian 

10 lands and expenses associated with redetermining and re11 distributing escheated interests in allotted lands, and for 

12 necessary expenses to carry out the Indian Land Consoli13 dation Act of 1983, as amended, by direct expenditure or 

14 cooperative agreement, $20,980,000, to remain available 

15 until expended. 

16 NATURAL RESOURCE DAMAGE ASSESSMENT AND

17 RESTORATION

18 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

19 To conduct natural resource damage assessment and 

20 restoration activities by the Department of the Interior 

21 necessary to carry out the provisions of the Comprehensive 

22 Environmental Response, Compensation, and Liability 

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

24 Pollution Control Act, as amended (33 U.S.C. 1251 et 

25 seq.), the Oil Pollution Act of 1990 (Public Law 101–380) 
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1 (33 U.S.C. 2701 et seq.), and Public Law 101–337, as 

2 amended (16 U.S.C. 19jj et seq.), $5,633,000, to remain 

3 available until expended. 

4 ADMINISTRATIVE PROVISIONS

5 There is hereby authorized for acquisition from avail6 able resources within the Working Capital Fund, 15 air7 craft, 10 of which shall be for replacement and which may 

8 be obtained by donation, purchase or through available ex9 cess surplus property: Provided, That notwithstanding any 

10 other provision of law, existing aircraft being replaced may 

11 be sold, with proceeds derived or trade-in value used to 

12 offset the purchase price for the replacement aircraft: Pro13 vided further, That no programs funded with appropriated 

14 funds in the ‘‘Departmental Management’’, ‘‘Office of the 

15 Solicitor’’, and ‘‘Office of Inspector General’’ may be aug16 mented through the Working Capital Fund or the Consoli17 dated Working Fund. 

18 GENERAL PROVISIONS, DEPARTMENT OF THE 

19 INTERIOR 

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

21 available for expenditure or transfer (within each bureau 

22 or office), with the approval of the Secretary, for the emer23 gency reconstruction, replacement, or repair of aircraft, 

24 buildings, utilities, or other facilities or equipment dam25 aged or destroyed by fire, flood, storm, or other unavoid-
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1 able causes: Provided, That no funds shall be made avail2 able under this authority until funds specifically made 

3 available to the Department of the Interior for emer4 gencies shall have been exhausted: Provided further, That 

5 all funds used pursuant to this section are hereby des6 ignated by Congress to be ‘‘emergency requirements’’ pur7 suant to section 251(b)(2)(A) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985, and must be re9 plenished by a supplemental appropriation which must be 

10 requested as promptly as possible. 

11 SEC. 102. The Secretary may authorize the expendi12 ture or transfer of any no year appropriation in this title, 

13 in addition to the amounts included in the budget pro14 grams of the several agencies, for the suppression or emer15 gency prevention of wildland fires on or threatening lands 

16 under the jurisdiction of the Department of the Interior; 

17 for the emergency rehabilitation of burned-over lands 

18 under its jurisdiction; for emergency actions related to po19 tential or actual earthquakes, floods, volcanoes, storms, or 

20 other unavoidable causes; for contingency planning subse21 quent to actual oil spills; for response and natural resource 

22 damage assessment activities related to actual oil spills; 

23 for the prevention, suppression, and control of actual or 

24 potential grasshopper and Mormon cricket outbreaks on 

25 lands under the jurisdiction of the Secretary, pursuant to 
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1 the authority in section 1773(b) of Public Law 99–198 

2 (99 Stat. 1658); for emergency reclamation projects under 

3 section 410 of Public Law 95–87; and shall transfer, from 

4 any no year funds available to the Office of Surface Min5 ing Reclamation and Enforcement, such funds as may be 

6 necessary to permit assumption of regulatory authority in 

7 the event a primacy State is not carrying out the regu8 latory provisions of the Surface Mining Act: Provided,

9 That appropriations made in this title for wildland fire 

10 operations shall be available for the payment of obligations 

11 incurred during the preceding fiscal year, and for reim12 bursement to other Federal agencies for destruction of ve13 hicles, aircraft, or other equipment in connection with 

14 their use for wildland fire operations, such reimbursement 

15 to be credited to appropriations currently available at the 

16 time of receipt thereof: Provided further, That for wildland 

17 fire operations, no funds shall be made available under 

18 this authority until the Secretary determines that funds 

19 appropriated for ‘‘wildland fire operations’’ shall be ex20 hausted within 30 days: Provided further, That all funds 

21 used pursuant to this section are hereby designated by 

22 Congress to be ‘‘emergency requirements’’ pursuant to 

23 section 251(b)(2)(A) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985, and must be replen25 ished by a supplemental appropriation which must be re-
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1 quested as promptly as possible: Provided further, That 

2 such replenishment funds shall be used to reimburse, on 

3 a pro rata basis, accounts from which emergency funds 

4 were transferred. 

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

6 available for operation of warehouses, garages, shops, and 

7 similar facilities, wherever consolidation of activities will 

8 contribute to efficiency or economy, and said appropria9 tions shall be reimbursed for services rendered to any 

10 other activity in the same manner as authorized by sec11 tions 1535 and 1536 of title 31, United States Code: Pro12 vided, That reimbursements for costs and supplies, mate13 rials, equipment, and for services rendered may be cred14 ited to the appropriation current at the time such reim15 bursements are received. 

16 SEC. 104. Appropriations made to the Department 

17 of the Interior in this title shall be available for services 

18 as authorized by 5 U.S.C. 3109, when authorized by the 

19 Secretary, in total amount not to exceed $500,000; hire, 

20 maintenance, and operation of aircraft; hire of passenger 

21 motor vehicles; purchase of reprints; payment for tele22 phone service in private residences in the field, when au23 thorized under regulations approved by the Secretary; and 

24 the payment of dues, when authorized by the Secretary, 

25 for library membership in societies or associations which 
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1 issue publications to members only or at a price to mem2 bers lower than to subscribers who are not members. 

3 SEC. 105. Appropriations available to the Depart4 ment of the Interior for salaries and expenses shall be 

5 available for uniforms or allowances therefor, as author6 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204). 

7 SEC. 106. Annual appropriations made in this title 

8 shall be available for obligation in connection with con9 tracts issued for services or rentals for periods not in ex10 cess of 12 months beginning at any time during the fiscal 

11 year. 

12 SEC. 107. No funds provided in this title may be ex13 pended by the Department of the Interior for the conduct 

14 of offshore preleasing, leasing and related activities placed 

15 under restriction in the President’s moratorium statement 

16 of June 12, 1998, in the areas of northern, central, and 

17 southern California; the North Atlantic; Washington and 

18 Oregon; and the eastern Gulf of Mexico south of 26 de19 grees north latitude and east of 86 degrees west longitude. 

20 SEC. 108. No funds provided in this title may be ex21 pended by the Department of the Interior for the conduct 

22 of offshore oil and natural gas preleasing, leasing, and re23 lated activities, on lands within the North Aleutian Basin 

24 planning area. 
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1 SEC. 109. No funds provided in this title may be ex2 pended by the Department of the Interior to conduct off3 shore oil and natural gas preleasing, leasing and related 

4 activities in the eastern Gulf of Mexico planning area for 

5 any lands located outside Sale 181, as identified in the 

6 final Outer Continental Shelf 5-Year Oil and Gas Leasing 

7 Program, 1997–2002. 

8 SEC. 110. No funds provided in this title may be ex9 pended by the Department of the Interior to conduct oil 

10 and natural gas preleasing, leasing and related activities 

11 in the Mid-Atlantic and South Atlantic planning areas. 

12 SEC. 111. Advance payments made under this title 

13 to Indian tribes, tribal organizations, and tribal consortia 

14 pursuant to the Indian Self-Determination and Education 

15 Assistance Act (25 U.S.C. 450 et seq.) or the Tribally 

16 Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) 

17 may be invested by the Indian tribe, tribal organization, 

18 or consortium before such funds are expended for the pur19 poses of the grant, compact, or annual funding agreement 

20 so long as such funds are—

21 (1) invested by the Indian tribe, tribal organiza22 tion, or consortium only in obligations of the United 

23 States, or in obligations or securities that are guar24 anteed or insured by the United States, or mutual 

25 (or other) funds registered with the Securities and 
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1 Exchange Commission and which only invest in obli2 gations of the United States or securities that are 

3 guaranteed or insured by the United States; or 

4 (2) deposited only into accounts that are in5 sured by an agency or instrumentality of the United 

6 States, or are fully collateralized to ensure protec7 tion of the funds, even in the event of a bank failure. 

8 SEC. 112. Notwithstanding any other provisions of 

9 law, the National Park Service shall not develop or imple10 ment a reduced entrance fee program to accommodate 

11 non-local travel through a unit. The Secretary may provide 

12 for and regulate local non-recreational passage through 

13 units of the National Park System, allowing each unit to 

14 develop guidelines and permits for such activity appro15 priate to that unit. 

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

17 headings Bureau of Indian Affairs and Office of Special 

18 Trustee for American Indians and any available unobli19 gated balances from prior appropriations Acts made under 

20 the same headings, shall be available for expenditure or 

21 transfer for Indian trust management and reform activi22 ties. 

23 SEC. 114. A grazing permit or lease that expires (or 

24 is transferred) during fiscal year 2004 shall be renewed 

25 under section 402 of the Federal Land Policy and Man-
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1 agement Act of 1976, as amended (43 U.S.C. 1752) or, 

2 if applicable, section 510 of the California Desert Protec3 tion Act (16 U.S.C. 410aaa–50). The terms and condi4 tions contained in the expiring permit or lease shall con5 tinue in effect under the new permit or lease until such 

6 time as the Secretary of the Interior completes processing 

7 of such permit or lease in compliance with all applicable 

8 laws and regulations, at which time such permit or lease 

9 may be canceled, suspended or modified, in whole or in 

10 part, to meet the requirements of such applicable laws and 

11 regulations. Nothing in this section shall be deemed to 

12 alter the Secretary’s statutory authority: Provided, That 

13 any Federal lands included within the boundary of Lake 

14 Roosevelt National Recreation Area, as designated by the 

15 Secretary of the Interior on April 5, 1990 (Lake Roosevelt 

16 Cooperative Management Agreement), that were utilized 

17 as of March 31, 1997, for grazing purposes pursuant to 

18 a permit issued by the National Park Service, the person 

19 or persons so utilizing such lands as of March 31, 1997, 

20 shall be entitled to renew said permit under such terms 

21 and conditions as the Secretary may prescribe, for the life22 time of the permittee or 20 years, whichever is less. 

23 SEC. 115. Notwithstanding any other provision of 

24 law, for the purpose of reducing the backlog of Indian pro25 bate cases in the Department of the Interior, the hearing 
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1 requirements of chapter 10 of title 25, United States 

2 Code, are deemed satisfied by a proceeding conducted by 

3 an Indian probate judge, appointed by the Secretary with4 out regard to the provisions of title 5, United States Code, 

5 governing the appointments in the competitive service, for 

6 such period of time as the Secretary determines necessary: 

7 Provided, That the basic pay of an Indian probate judge 

8 so appointed may be fixed by the Secretary without regard 

9 to the provisions of chapter 51, and subchapter III of 

10 chapter 53 of title 5, United States Code, governing the 

11 classification and pay of General Schedule employees, ex12 cept that no such Indian probate judge may be paid at 

13 a level which exceeds the maximum rate payable for the 

14 highest grade of the General Schedule, including locality 

15 pay. 

16 SEC. 116. Notwithstanding any other provision of 

17 law, the Secretary of the Interior is authorized to redis18 tribute any Tribal Priority Allocation funds, including 

19 tribal base funds, to alleviate tribal funding inequities by 

20 transferring funds to address identified, unmet needs, 

21 dual enrollment, overlapping service areas or inaccurate 

22 distribution methodologies. No tribe shall receive a reduc23 tion in Tribal Priority Allocation funds of more than 10 

24 percent in fiscal year 2004. Under circumstances of dual 

25 enrollment, overlapping service areas or inaccurate dis-
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1 tribution methodologies, the 10 percent limitation does not 

2 apply. 

3 SEC. 117. Funds appropriated for the Bureau of In4 dian Affairs for postsecondary schools for fiscal year 2004 

5 shall be allocated among the schools proportionate to the 

6 unmet need of the schools as determined by the Postsec7 ondary Funding Formula adopted by the Office of Indian 

8 Education Programs. 

9 SEC. 118. (a) The Secretary of the Interior shall take 

10 such action as may be necessary to ensure that the lands 

11 comprising the Huron Cemetery in Kansas City, Kansas 

12 (as described in section 123 of Public Law 106–291) are 

13 used only in accordance with this section. 

14 (b) The lands of the Huron Cemetery shall be used 

15 only: (1) for religious and cultural uses that are compat16 ible with the use of the lands as a cemetery; and (2) as 

17 a burial ground. 

18 SEC. 119. Notwithstanding any other provision of 

19 law, in conveying the Twin Cities Research Center under 

20 the authority provided by Public Law 104–134, as amend21 ed by Public Law 104–208, the Secretary may accept and 

22 retain land and other forms of reimbursement: Provided,

23 That the Secretary may retain and use any such reim24 bursement until expended and without further appropria25 tion: (1) for the benefit of the National Wildlife Refuge 
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1 System within the State of Minnesota; and (2) for all ac2 tivities authorized by Public Law 100–696; 16 U.S.C. 

3 460zz. 

4 SEC. 120. Notwithstanding other provisions of law, 

5 the National Park Service may authorize, through cooper6 ative agreement, the Golden Gate National Parks Associa7 tion to provide fee-based education, interpretive and vis8 itor service functions within the Crissy Field and Fort 

9 Point areas of the Presidio. 

10 SEC. 121. Notwithstanding 31 U.S.C. 3302(b), sums 

11 received by the Bureau of Land Management for the sale 

12 of seeds or seedlings including those collected in fiscal year 

13 2003, may be credited to the appropriation from which 

14 funds were expended to acquire or grow the seeds or seed15 lings and are available without fiscal year limitation. 

16 SEC. 122. WHITE RIVER OIL SHALE MINE, UTAH. 

17 SALE.—Subject to the terms and conditions of section 126 

18 of the Department of the Interior and Related Agencies 

19 Act, 2002, the Administrator of General Services shall sell 

20 all right, title, and interest of the United States in and 

21 to the improvements and equipment of the White River 

22 Oil Shale Mine. 

23 SEC. 123. The Secretary of the Interior may use or 

24 contract for the use of helicopters or motor vehicles on 

25 the Sheldon and Hart National Wildlife Refuges for the 
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1 purpose of capturing and transporting horses and burros. 

2 The provisions of subsection (a) of the Act of September 

3 8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such 

4 use. Such use shall be in accordance with humane proce5 dures prescribed by the Secretary. 

6 SEC. 124. Funds provided in this Act for Federal 

7 land acquisition by the National Park Service for Shen8 andoah Valley Battlefields National Historic District, and 

9 Ice Age National Scenic Trail may be used for a grant 

10 to a State, a local government, or any other governmental 

11 land management entity for the acquisition of lands with12 out regard to any restriction on the use of Federal land 

13 acquisition funds provided through the Land and Water 

14 Conservation Fund Act of 1965 as amended. 

15 SEC. 125. None of the funds made available by this 

16 Act may be obligated or expended by the National Park 

17 Service to enter into or implement a concession contract 

18 which permits or requires the removal of the underground 

19 lunchroom at the Carlsbad Caverns National Park. 

20 SEC. 126. None of the funds made available in this 

21 Act may be used: (1) to demolish the bridge between Jer22 sey City, New Jersey, and Ellis Island; or (2) to prevent 

23 pedestrian use of such bridge, when such pedestrian use 

24 is consistent with generally accepted safety standards. 
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1 SEC. 127. None of the funds made available in this 

2 or any other Act for any fiscal year may be used to des3 ignate, or to post any sign designating, any portion of Ca4 naveral National Seashore in Brevard County, Florida, as 

5 a clothing-optional area or as an area in which public nu6 dity is permitted, if such designation would be contrary 

7 to county ordinance. 

8 SEC. 128. None of the funds in this or any other Act 

9 can be used to compensate the Special Master and the 

10 Special Master-Monitor, and all variations thereto, ap11 pointed by the United States District Court for the Dis12 trict of Columbia in the Cobell v. Norton litigation at an 

13 annual rate that exceeds 200 percent of the highest Senior 

14 Executive Service rate of pay for the Washington-Balti15 more locality pay area. 

16 SEC. 129. The Secretary of the Interior may use dis17 cretionary funds to pay private attorneys fees and costs 

18 for employees and former employees of the Department 

19 of the Interior reasonably incurred in connection with 

20 Cobell v. Norton to the extent that such fees and costs 

21 are not paid by the Department of Justice or by private 

22 insurance. In no case shall the Secretary make payments 

23 under this section that would result in payment of hourly 

24 fees in excess of the highest hourly rate approved by the 
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1 District Court for the District of Columbia for counsel in 

2 Cobell v. Norton. 

3 SEC. 130. The United States Fish and Wildlife Serv4 ice shall, in carrying out its responsibilities to protect 

5 threatened and endangered species of salmon, implement 

6 a system of mass marking of salmonid stocks, intended 

7 for harvest, that are released from Federally operated or 

8 Federally financed hatcheries including but not limited to 

9 fish releases of coho, chinook, and steelhead species. 

10 Marked fish must have a visible mark that can be readily 

11 identified by commercial and recreational fishers. 

12 SEC. 131. Such sums as may be necessary from ‘‘De13 partmental Management, Salaries and Expenses’’, may be 

14 transferred to ‘‘United States Fish and Wildlife Service, 

15 Resource Management’’ for operational needs at the Mid16 way Atoll National Wildlife Refuge airport. 

17 SEC. 132. No funds appropriated for the Department 

18 of the Interior by this Act or any other Act shall be used 

19 to study or implement any plan to drain Lake Powell or 

20 to reduce the water level of the lake below the range of 

21 water levels required for the operation of the Glen Canyon 

22 Dam. 

23 SEC. 133. Section 122 of division F of Public Law 

24 108–7 is amended as follows: 

25 (1) Paragraph 122(a)(4) is amended to read—
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1 ‘‘(4) TRIBALLY CONTROLLED SCHOOL.—The 

2 term ‘tribally controlled school’ means a school that 

3 currently receives a grant under the Tribally Con4 trolled Schools Act of 1988, as amended (25 U.S.C. 

5 2501 et seq.) or is determined by the Secretary to 

6 meet the eligibility criteria of section 5205 of the 

7 Tribally Controlled Schools Act of 1988, as amended 

8 (25 U.S.C. 2504).’’. 

9 (2) Paragraph 122(b)(1) is amended by strik10 ing the second sentence and inserting: ‘‘The Sec11 retary shall ensure that applications for funding to 

12 replace schools currently receiving funding for facil13 ity operation and maintenance from the Bureau of 

14 Indian Affairs receive the highest priority for grants 

15 under this section. Among such applications, the 

16 Secretary shall give priority to applications of Indian 

17 tribes that agree to fund all future facility operation 

18 and maintenance costs of the tribally controlled 

19 school funded under the demonstration program 

20 from other than Federal funds.’’. 

21 (3) Subsection (c) is amended by inserting after 

22 ‘‘EFFECT OF GRANT.—’’ the following: ‘‘(1) Except 

23 as provided in paragraph (2) of this subsection,’’ 

24 and is further amended by adding the following new 

25 paragraph: 
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1 ‘‘(2) A tribe receiving a grant for construction 

2 of a tribally controlled school under this section shall 

3 not be eligible to receive funding from the Bureau 

4 of Indian Affairs for that school for education oper5 ations or facility operation and maintenance if the 

6 school that was not at the time of the grant: (i) a 

7 school receiving funding for education operations or 

8 facility operation and maintenance under the Trib9 ally Controlled Schools Act or the Indian Self-Deter10 mination and Education Assistance Act or (ii) a 

11 school operated by the Bureau of Indian Affairs.’’. 

12 SEC. 134. The Secretary of the Interior shall within 

13 180 days of the enactment of this Act submit to the House 

14 and Senate Committees on Appropriations a report that 

15 describes the condition and adequacy of educational facili16 ties available to the Eastern Band of Cherokee Indians, 

17 the availability of lands necessary for the construction of 

18 any necessary new or replacement education facilities, and 

19 the impacts that construction of such facilities might have 

20 on natural, cultural, and other resources present within 

21 the Great Smoky Mountains National Park and the Blue 

22 Ridge Parkway. The report shall specifically address the 

23 resource implications of the land exchange described in 

24 H.R. 1409, ‘‘The Eastern Band of Cherokee Indians Land 

25 Exchange Act of 2002’’ as introduced in the 108th Con-
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1 gress. The Secretary shall consult with the Eastern Band 

2 of Cherokee Indians in preparing the report. 

3 LAND EXCHANGE, WORLD WAR I NATIONAL MEMORIAL, 

4 MOJAVE NATIONAL PRESERVE

5 SEC. 135. (a) EXCHANGE REQUIRED.—In exchange 

6 for the private property described in subsection (b), the 

7 Secretary of the Interior shall convey to the Veterans 

8 Home of California-Barstow, Veterans of Foreign Wars 

9 Post #385E (in this section referred to as the ‘‘recipi10 ent’’), all right, title, and interest of the United States 

11 in and to a parcel of real property consisting of approxi12 mately one acre in the Mojave National Preserve and des13 ignated (by section 8137 of the Department of Defense 

14 Appropriations Act, 2002 (Public Law 101–117; 115 Stat. 

15 2278)) as a national memorial commemorating United 

16 States participation in World War I and honoring the 

17 American veterans of that war. Notwithstanding the con18 veyance of the property under this subsection, the Sec19 retary shall continue to carry out the responsibilities of 

20 the Secretary under such section 8137. 

21 (b) CONSIDERATION.—As consideration for the prop22 erty to be conveyed by the Secretary under subsection (a), 

23 Mr. and Mrs. Henry Sandoz of Mountain Pass, California, 

24 have agreed to convey to the Secretary a parcel of real 

25 property consisting of approximately five acres, identified 

as parcel APN 569–051–44, and located in the west 1 26 ⁄2
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of the northeast 1⁄4 of the northwest 1 1 ⁄4 of the northwest 

1 2 ⁄4 of section 11, township 14 north, range 15 east, San 

3 Bernardino base and meridian. 

4 (c) EQUAL VALUE EXCHANGE; APPRAISAL.—The 

5 values of the properties to be exchanged under this section 

6 shall be equal or equalized as provided in subsection (d). 

7 The value of the properties shall be determined through 

8 an appraisal performed by a qualified appraiser in con9 formance with the Uniform Appraisal Standards for Fed10 eral Land Acquisitions (Department of Justice, December 

11 2000). 

12 (d) CASH EQUALIZATION.—Any difference in the 

13 value of the properties to be exchanged under this section 

14 shall be equalized through the making of a cash equali15 zation payment. The Secretary shall deposit any cash 

16 equalization payment received by the Secretary under this 

17 subsection in the Land and Water Conservation Fund. 

18 (e) REVERSIONARY CLAUSE.—The conveyance under 

19 subsection (a) shall be subject to the condition that the 

20 recipient maintain the conveyed property as a memorial 

21 commemorating United States participation in World War 

22 I and honoring the American veterans of that war. If the 

23 Secretary determines that the conveyed property is no 

24 longer being maintained as a war memorial, the property 

25 shall revert to the ownership of the United States. 
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1 (f) BOUNDARY ADJUSTMENT; ADMINISTRATION OF

2 ACQUIRED LAND.—The boundaries of the Mojave Na3 tional Preserve shall be adjusted to reflect the land ex4 change required by this section. The property acquired by 

5 the Secretary under this section shall become part of the 

6 Mojave National Preserve and be administered in accord7 ance with the laws, rules, and regulations generally appli8 cable to the Mojave National Preserve. 

9 BLUE RIDGE NATIONAL HERITAGE AREA

10 SEC. 136. (a) SHORT TITLE.—This section may be 

11 cited as the ‘‘Blue Ridge National Heritage Area Act of 

12 2003’’. 

13 (b) FINDINGS AND PURPOSE.—

14 (1) FINDINGS.—Congress finds that: 

15 (A) The Blue Ridge Mountains and the ex16 tensive cultural and natural resources of the 

17 Blue Ridge Mountains have played a significant 

18 role in the history of the United States and the 

19 State of North Carolina. 

20 (B) Archaeological evidence indicates that 

21 the Blue Ridge Mountains have been inhabited 

22 by humans since the last retreat of the glaciers, 

23 with the Native Americans living in the area at 

24 the time of European discovery being primarily 

25 of Cherokee descent. 
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1 (C) The Blue Ridge Mountains of western 

2 North Carolina, including the Great Smoky 

3 Mountains, played a unique and significant role 

4 in the establishment and development of the 

5 culture of the United States through several 

6 distinct legacies, including—

7 (i) the craft heritage that—

8 (I) was first influenced by the 

9 Cherokee Indians; 

10 (II) was the origin of the tradi11 tional craft movement starting in 

12 1900 and the contemporary craft 

13 movement starting in the 1940’s; and 

14 (III) is carried out by over 4,000 

15 craftspeople in the Blue Ridge Moun16 tains of western North Carolina, the 

17 third largest concentration of such 

18 people in the United States; 

19 (ii) a musical heritage comprised of 

20 distinctive instrumental and vocal tradi21 tions that—

22 (I) includes stringband music, 

23 bluegrass, ballad singing, blues, and 

24 sacred music; 
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1 (II) has received national rec2 ognition; and 

3 (III) has made the region one of 

4 the richest repositories of traditional 

5 music and folklife in the United 

6 States; 

7 (iii) the Cherokee heritage—

8 (I) dating back thousands of 

9 years; and 

10 (II) offering—

11 (aa) nationally significant 

12 cultural traditions practiced by 

13 the Eastern Band of Cherokee 

14 Indians; 

15 (bb) authentic tradition 

16 bearers; 

17 (cc) historic sites; and 

18 (dd) historically important 

19 collections of Cherokee artifacts; 

20 and 

21 (iv) the agricultural heritage estab22 lished by the Cherokee Indians, including 

23 medicinal and ceremonial food crops, com24 bined with the historic European patterns 

25 of raising livestock, culminating in the 
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1 largest number of specialty crop farms in 

2 North Carolina. 

3 (D) The artifacts and structures associated 

4 with those legacies are unusually well-preserved. 

5 (E) The Blue Ridge Mountains are recog6 nized as having one of the richest collections of 

7 historical resources in North America. 

8 (F) The history and cultural heritage of 

9 the Blue Ridge Mountains are shared with the 

10 States of Virginia, Tennessee, and Georgia. 

11 (G) there are significant cultural, eco12 nomic, and educational benefits in celebrating 

13 and promoting this mutual heritage. 

14 (H) according to the 2002 reports entitled 

15 ‘‘The Blue Ridge Heritage and Cultural Part16 nership’’ and ‘‘Western North Carolina Na17 tional Heritage Area Feasibility Study and 

18 Plan’’, the Blue Ridge Mountains contain nu19 merous resources that are of outstanding im20 portance to the history of the United States. 

21 (I) it is in the interest of the United States 

22 to preserve and interpret the cultural and his23 torical resources of the Blue Ridge Mountains 

24 for the education and benefit of present and fu25 ture generations. 
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1 (2) PURPOSE.—The purpose of this section is 

2 to foster a close working relationship with, and to 

3 assist, all levels of government, the private sector, 

4 and local communities in the State in managing, 

5 preserving, protecting, and interpreting the cultural, 

6 historical, and natural resources of the Heritage 

7 Area while continuing to develop economic opportu8 nities. 

9 (c) DEFINITIONS.—

10 (1) In this section: 

11 (A) HERITAGE AREA.—The term ‘‘Herit12 age Area’’ means the Blue Ridge National Her13 itage Area established by subsection (d). 

14 (B) MANAGEMENT ENTITY.—The term 

15 ‘‘management entity’’ means the management 

16 entity for the Heritage Area designated by sub17 section (d)(3). 

18 (C) MANAGEMENT PLAN.—The term 

19 ‘‘management plan’’ means the management 

20 plan for the Heritage Area approved under sub21 section (e). 

22 (D) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of the Interior. 

24 (E) STATE.—The term ‘‘State’’ means the 

25 State of North Carolina. 
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1 (d) BLUE RIDGE NATIONAL HERITAGE AREA.—

2 (1) ESTABLISHMENT.—There is established the 

3 Blue Ridge National Heritage Area in the State. 

4 (2) BOUNDARIES.—The Heritage Area shall 

5 consist of the counties of Alleghany, Ashe, Avery, 

6 Buncombe, Burke, Caldwell, Cherokee, Clay, 

7 Graham, Haywood, Henderson, Jackson, McDowell, 

8 Macon, Madison, Mitchell, Polk, Rutherford, Surry, 

9 Swain, Transylvania, Watauga, Wilkes, Yadkin, and 

10 Yancey in the State. 

11 (3) MANAGEMENT ENTITY.—

12 (A) IN GENERAL.—As a condition of the 

13 receipt of funds made available under sub14 section (i), the Blue Ridge National Heritage 

15 Area Partnership shall be the management enti16 ty for the Heritage Area. 

17 (B) BOARD OF DIRECTORS.—

18 (i) COMPOSITION.—The management 

19 entity shall be governed by a board of di20 rectors composed of nine members, of 

21 whom—

22 (I) two members shall be ap23 pointed by AdvantageWest; 
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1 (II) two members shall be ap2 pointed by HandMade In America, 

3 Inc.; 

4 (III) one member shall be ap5 pointed by the Education Research 

6 Consortium of Western North Caro7 lina; 

8 (IV) one member shall be ap9 pointed by the Eastern Band of the 

10 Cherokee Indians; and 

11 (V) three members shall be ap12 pointed by the Governor of North 

13 Carolina and shall— 

14 (aa) reside in geographically 

15 diverse regions of the Heritage 

16 Area; 

17 (bb) be a representative of 

18 State or local governments or the 

19 private sector; and 

20 (cc) have knowledge of tour21 ism, economic and community de22 velopment, regional planning, his23 toric preservation, cultural or 

24 natural resources development, 

25 regional planning, conservation, 
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1 recreational services, education, 

2 or museum services. 

3 (e) MANAGEMENT PLAN.—

4 (1) IN GENERAL.—Not later than 3 years after 

5 the date of enactment of this section, the manage6 ment entity shall submit to the Secretary for ap7 proval a management plan for the Heritage Area. 

8 (2) CONSIDERATION OF OTHER PLANS AND AC9 TIONS.—In developing the management plan, the 

10 management entity shall—

11 (A) for the purpose of presenting a unified 

12 preservation and interpretation plan, take into 

13 consideration Federal, State, and local plans; 

14 and 

15 (B) provide for the participation of resi16 dents, public agencies, and private organiza17 tions in the Heritage Area. 

18 (3) CONTENTS.—The management plan shall—

19 (A) present comprehensive recommenda20 tions and strategies for the conservation, fund21 ing, management, and development of the Her22 itage Area; 

23 (B) identify existing and potential sources 

24 of Federal and non-Federal funding for the 
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1 conservation, management, and development of 

2 the Heritage Area; and 

3 (C) include—

4 (i) an inventory of the cultural, histor5 ical, natural, and recreational resources of 

6 the Heritage Area, including a list of prop7 erty that—

8 (I) relates to the purposes of the 

9 Heritage Area; and 

10 (II) should be conserved, re11 stored, managed, developed, or main12 tained because of the significance of 

13 the property; 

14 (ii) a program of strategies and ac15 tions for the implementation of the man16 agement plan that identifies the roles of 

17 agencies and organizations that are in18 volved in the implementation of the man19 agement plan; 

20 (iii) an interpretive and educational 

21 plan for the Heritage Area; 

22 (iv) a recommendation of policies for 

23 resource management and protection that 

24 develop intergovernmental cooperative 

25 agreements to manage and protect the cul-
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1 tural, historical, natural, and recreational 

2 resources of the Heritage Area; and 

3 (v) an analysis of ways in which Fed4 eral, State, and local programs may best 

5 be coordinated to promote the purposes of 

6 this section. 

7 (4) EFFECT OF FAILURE TO SUBMIT.—If a 

8 management plan is not submitted to the Secretary 

9 by the date described in paragraph (1), the Sec10 retary shall not provide any additional funding 

11 under this section until a management plan is sub12 mitted to the Secretary. 

13 (5) APPROVAL OR DISAPPROVAL OF MANAGE14 MENT PLAN.—

15 (A) IN GENERAL.—Not later than 90 days 

16 after receiving the management plan submitted 

17 under paragraph (1), the Secretary shall ap18 prove or disapprove the management plan. 

19 (B) CRITERIA.—In determining whether to 

20 approve the management plan, the Secretary 

21 shall consider whether the management plan—

22 (i) has strong local support from land23 owners, business interests, nonprofit orga24 nizations, and governments in the Heritage 

25 Area; and 
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1 (ii) has a high potential for effective 

2 partnership mechanisms. 

3 (C) ACTION FOLLOWING DISAPPROVAL.—If 

4 the Secretary disapproves a management plan 

5 under subparagraph (A), the Secretary shall—

6 (i) advise the management entity in 

7 writing of the reasons for the disapproval; 

8 (ii) make recommendations for revi9 sions to the management plan; and 

10 (iii) allow the management entity to 

11 submit to the Secretary revisions to the 

12 management plan. 

13 (D) DEADLINE FOR APPROVAL OF REVI14 SION.—Not later than 60 days after the date on 

15 which a revision is submitted under subpara16 graph (C)(iii), the Secretary shall approve or 

17 disapprove the proposed revision. 

18 (6) AMENDMENT OF APPROVED MANAGEMENT

19 PLAN.—

20 (A) IN GENERAL.—After approval by the 

21 Secretary of a management plan, the manage22 ment entity shall periodically—

23 (i) review the management plan; and 

24 (ii) submit to the Secretary, for review 

25 and approval, the recommendation of the 
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1 management entity for any amendments to 

2 the management plan. 

3 (B) USE OF FUNDS.—No funds made 

4 available under subsection (i) shall be used to 

5 implement any amendment proposed by the 

6 management entity under subparagraph (A) 

7 until the Secretary approves the amendment. 

8 (f) AUTHORITIES AND DUTIES OF THE MANAGE9 MENT ENTITY.—

10 (1) AUTHORITIES.—For the purposes of devel11 oping and implementing the management plan, the 

12 management entity may use funds made available 

13 under subsection (i) to—

14 (A) make grants to, and enter into cooper15 ative agreements with, the State (including a 

16 political subdivision), nonprofit organizations, 

17 or persons; 

18 (B) hire and compensate staff; and 

19 (C) enter into contracts for goods and 

20 services. 

21 (2) DUTIES.—In addition to developing the 

22 management plan, the management entity shall—

23 (A) develop and implement the manage24 ment plan while considering the interests of di25 verse units of government, businesses, private 
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1 property owners, and nonprofit groups in the 

2 Heritage Area; 

3 (B) conduct public meetings in the Herit4 age Area at least semiannually on the develop5 ment and implementation of the management 

6 plan; 

7 (C) give priority to the implementation of 

8 actions, goals, and strategies in the manage9 ment plan, including providing assistance to 

10 units of government, nonprofit organizations, 

11 and persons in—

12 (i) carrying out the programs that 

13 protect resources in the Heritage Area; 

14 (ii) encouraging economic viability in 

15 the Heritage Area in accordance with the 

16 goals of the management plan; 

17 (iii) establishing and maintaining in18 terpretive exhibits in the Heritage Area; 

19 (iv) developing recreational and edu20 cational opportunities in the Heritage 

21 Area; and 

22 (v) increasing public awareness of and 

23 appreciation for the cultural, historical, 

24 and natural resources of the Heritage 

25 Area; and 
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1 (D) for any fiscal year for which Federal 

2 funds are received under subsection (i)—

3 (i) submit to the Secretary a report 

4 that describes, for the fiscal year—

5 (I) the accomplishments of the 

6 management entity; 

7 (II) the expenses and income of 

8 the management entity; and 

9 (III) each entity to which a grant 

10 was made; 

11 (ii) make available for audit by Con12 gress, the Secretary, and appropriate units 

13 of government, all records relating to the 

14 expenditure of funds and any matching 

15 funds; and 

16 (iii) require, for all agreements au17 thorizing expenditure of Federal funds by 

18 any entity, that the receiving entity make 

19 available for audit all records relating to 

20 the expenditure of funds. 

21 (3) PROHIBITION ON THE ACQUISITION OF

22 REAL PROPERTY.—The management entity shall not 

23 use Federal funds received under subsection (i) to 

24 acquire real property or an interest in real property. 

25 (g) TECHNICAL AND FINANCIAL ASSISTANCE.—
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1 (1) IN GENERAL.—The Secretary may provide 

2 to the management entity technical assistance and, 

3 subject to the availability of appropriations, financial 

4 assistance, for use in developing and implementing 

5 the management plan. 

6 (2) PRIORITY FOR ASSISTANCE.—In providing 

7 assistance under subsection (a), the Secretary shall 

8 give priority to actions that facilitate—

9 (A) the preservation of the significant cul10 tural, historical, natural, and recreational re11 sources of the Heritage Area; and 

12 (B) the provision of educational, interpre13 tive, and recreational opportunities that are 

14 consistent with the resources of the Heritage 

15 Area. 

16 (h) LAND USE REGULATION.—

17 (1) IN GENERAL.—Nothing in this section—

18 (A) grants any power of zoning or land use 

19 to the management entity; or 

20 (B) modifies, enlarges, or diminishes any 

21 authority of the Federal Government or any 

22 State or local government to regulate any use 

23 of land under any law (including regulations). 

24 (2) PRIVATE PROPERTY.—Nothing in this sec25 tion—
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1 (A) abridges the rights of any person with 

2 respect to private property; 

3 (B) affects the authority of the State or 

4 local government with respect to private prop5 erty; or 

6 (C) imposes any additional burden on any 

7 property owner. 

8 (i) AUTHORIZATION OF APPROPRIATIONS.—

9 (1) IN GENERAL.—There is authorized to be 

10 appropriated to carry out this section $10,000,000, 

11 of which not more than $1,000,000 shall be made 

12 available for any fiscal year. 

13 (2) NON-FEDERAL SHARE.—The non-Federal 

14 share of the cost of any activities carried out using 

15 Federal funds made available under subsection (a) 

16 shall be not less than 50 percent. 

17 (j) TERMINATION OF AUTHORITY.—The authority of 

18 the Secretary to provide assistance under this section ter19 minates on the date that is 15 years after the date of en20 actment of this section. 

21 SEC. 137. None of the funds in this or any other Act 

22 may be used by the Department of the Interior to support 

23 the Klamath Fishery Management Council. 
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1 TITLE II—RELATED AGENCIES 

2 DEPARTMENT OF AGRICULTURE 

3 FOREST SERVICE

4 FOREST AND RANGELAND RESEARCH

5 For necessary expenses of forest and rangeland re6 search as authorized by law, $267,230,000, to remain 

7 available until expended: Provided, That of the funds pro8 vided, $49,428,000 is for the forest inventory and analysis 

9 program. 

10 STATE AND PRIVATE FORESTRY

11 For necessary expenses of cooperating with and pro12 viding technical and financial assistance to States, terri13 tories, possessions, and others, and for forest health man14 agement, including treatments of pests, pathogens, and 

15 invasive or noxious plants and for restoring and rehabili16 tating forests damaged by pests or invasive plants, cooper17 ative forestry, and education and land conservation activi18 ties and conducting an international program as author19 ized, $290,758,000, to remain available until expended, as 

20 authorized by law: Provided, That none of the funds pro21 vided under this heading for the acquisition of lands or 

22 interests in lands shall be available until the Forest Serv23 ice notifies the House Committee on Appropriations and 

24 the Senate Committee on Appropriations, in writing, of 

25 specific contractual and grant details including the non-
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1 Federal cost share of each project, related to the acquisi2 tion of lands or interests in lands to be undertaken with 

3 such funds: Provided further, That each forest legacy 

4 grant shall be for a specific project or set of specific tasks: 

5 Provided further, That grants for acquisition of lands or 

6 conservation easements shall require that the State dem7 onstrates that 25 percent of the total value of the project 

8 is comprised of a non-Federal cost share. 

9 NATIONAL FOREST SYSTEM

10 For necessary expenses of the Forest Service, not 

11 otherwise provided for, for management, protection, im12 provement, and utilization of the National Forest System, 

13 $1,400,792,000 (reduced by $6,000,000), to remain avail14 able until expended, which shall include 50 percent of all 

15 moneys received during prior fiscal years as fees collected 

16 under the Land and Water Conservation Fund Act of 

17 1965, as amended, in accordance with section 4 of the Act 

18 (16 U.S.C. 460l–6a(i)): Provided, That unobligated bal19 ances available at the start of fiscal year 2004 shall be 

20 displayed by budget line item in the fiscal year 2005 budg21 et justification: Provided further, That the Secretary may 

22 authorize the expenditure or transfer of such sums as nec23 essary to the Department of the Interior, Bureau of Land 

24 Management, for removal, preparation, and adoption of 

25 excess wild horses and burros from National Forest Sys-
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1 tem lands and for the performance of cadastral surveys 

2 to designate the boundaries of such lands. 

3 For an additional amount to reimburse the Judgment 

4 Fund as required by 41 U.S.C. 612(c) for judgment liabil5 ities previously incurred, $188,405,000. 

6 WILDLAND FIRE MANAGEMENT

7 For necessary expenses for forest fire presuppression 

8 activities on National Forest System lands, for emergency 

9 fire suppression on or adjacent to such lands or other 

10 lands under fire protection agreement, hazardous fuels re11 duction on or adjacent to such lands, and for emergency 

12 rehabilitation of burned-over National Forest System 

13 lands and water, $1,624,632,000, to remain available until 

14 expended: Provided, That such funds including unobli15 gated balances under this head, are available for repay16 ment of advances from other appropriations accounts pre17 viously transferred for such purposes: Provided further,

18 That not less than 50 percent of any unobligated balances 

19 remaining (exclusive of amounts for hazardous fuels re20 duction) at the end of fiscal year 2003 shall be trans21 ferred, as repayment for past advances that have not been 

22 repaid, to the fund established pursuant to section 3 of 

23 Public Law 71–319 (16 U.S.C. 576 et seq.): Provided fur24 ther, That notwithstanding any other provision of law, 

25 $8,000,000 of funds appropriated under this appropria-
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1 tion shall be used for Fire Science Research in support 

2 of the Joint Fire Science Program: Provided further, That 

3 all authorities for the use of funds, including the use of 

4 contracts, grants, and cooperative agreements, available to 

5 execute the Forest and Rangeland Research appropria6 tion, are also available in the utilization of funds for Fire 

7 Science Research: Provided further, That funds provided 

8 shall be available for emergency rehabilitation and restora9 tion, hazardous fuels reduction activities in the urban10 wildland interface, support to Federal emergency re11 sponse, and wildfire suppression activities of the Forest 

12 Service: Provided further, That of the funds provided, 

13 $246,392,000 is for hazardous fuels reduction activities, 

14 $40,000,000 is for rehabilitation and restoration, 

15 $22,000,000 is for research activities and to make com16 petitive research grants pursuant to the Forest and 

17 Rangeland Renewable Resources Research Act, as amend18 ed (16 U.S.C. 1641 et seq.), $51,000,000 is for State fire 

19 assistance, $8,240,000 is for volunteer fire assistance, 

20 $25,000,000 is for forest health activities on State, pri21 vate, and Federal lands, and $6,000,000 is for economic 

22 action programs: Provided further, That amounts in this 

23 paragraph may be transferred to the ‘‘State and Private 

24 Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and 

25 Rangeland Research’’ accounts to fund State fire assist-
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HR 2691 PP 

1 ance, volunteer fire assistance, forest health management, 

2 economic action programs, forest and rangeland research, 

3 vegetation and watershed management, heritage site reha4 bilitation, and wildlife and fish habitat management and 

5 restoration: Provided further, That transfers of any 

6 amounts in excess of those authorized in this paragraph, 

7 shall require approval of the House and Senate Commit8 tees on Appropriations in compliance with reprogramming 

9 procedures contained in the House report accompanying 

10 this Act: Provided further, That the costs of implementing 

11 any cooperative agreement between the Federal Govern12 ment and any non-Federal entity may be shared, as mutu13 ally agreed on by the affected parties: Provided further,

14 That in addition to funds provided for State Fire Assist15 ance programs, and subject to all authorities available to 

16 the Forest Service under the State and Private Forestry 

17 Appropriations, up to $15,000,000 may be used on adja18 cent non-Federal lands for the purpose of protecting com19 munities when hazard reduction activities are planned on 

20 national forest lands that have the potential to place such 

21 communities at risk: Provided further, That included in 

22 funding for hazardous fuel reduction is $5,000,000 for im23 plementing the Community Forest Restoration Act, Public 

24 Law 106–393, title VI, and any portion of such funds 

25 shall be available for use on non-Federal lands in accord-
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1 ance with authorities available to the Forest Service under 

2 the State and Private Forestry Appropriation: Provided 

3 further, That in using the funds provided in this Act for 

4 hazardous fuels reduction activities, the Secretary of Agri5 culture may conduct fuel reduction treatments on Federal 

6 lands using all contracting and hiring authorities available 

7 to the Secretary applicable to hazardous fuel reduction ac8 tivities under the wildland fire management accounts: Pro9 vided further, That notwithstanding Federal Government 

10 procurement and contracting laws, the Secretaries may 

11 conduct fuel reduction treatments, rehabilitation and res12 toration, and other activities authorized under this head13 ing on and adjacent to Federal lands using grants and 

14 cooperative agreements: Provided further, That notwith15 standing Federal Government procurement and con16 tracting laws, in order to provide employment and training 

17 opportunities to people in rural communities, the Secre18 taries may award contracts, including contracts for moni19 toring activities, to local private, non-profit, or cooperative 

20 entities; Youth Conservation Corps crews or related part21 nerships, with State, local and non-profit youth groups; 

22 small or micro-businesses; or other entities that will hire 

23 or train a significant percentage of local people to com24 plete such contracts: Provided further, That the authorities 

25 described above relating to contracts, grants, and coopera-
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1 tive agreements are available until all funds provided in 

2 this title for hazardous fuels reduction activities in the 

3 urban wildland interface are obligated: Provided further,

4 That the Secretary of the Interior and the Secretary of 

5 Agriculture may authorize the transfer of funds appro6 priated for wildland fire management, in an aggregate 

7 amount not to exceed $12,000,000, between the Depart8 ments when such transfers would facilitate and expedite 

9 jointly funded wildland fire management programs and 

10 projects. 

11 CAPITAL IMPROVEMENT AND MAINTENANCE

12 For necessary expenses of the Forest Service, not 

13 otherwise provided for, $560,473,000, to remain available 

14 until expended for construction, reconstruction, mainte15 nance and acquisition of buildings and other facilities, and 

16 for construction, reconstruction, repair, decommissioning, 

17 and maintenance of forest roads and trails by the Forest 

18 Service as authorized by 16 U.S.C. 532–538 and 23 

19 U.S.C. 101 and 205: Provided, That up to $15,000,000 

20 of the funds provided herein for road maintenance shall 

21 be available for the decommissioning of roads, including 

22 unauthorized roads not part of the transportation system, 

23 which are no longer needed: Provided further, That no 

24 funds shall be expended to decommission any system road 
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1 until notice and an opportunity for public comment has 

2 been provided on each decommissioning project. 

3 LAND ACQUISITION

4 For expenses necessary to carry out the provisions 

5 of the Land and Water Conservation Fund Act of 1965, 

6 as amended (16 U.S.C. 460l–4 through 11), including ad7 ministrative expenses, and for acquisition of land or wa8 ters, or interest therein, in accordance with statutory au9 thority applicable to the Forest Service, $29,288,000, to 

10 be derived from the Land and Water Conservation Fund 

11 and to remain available until expended. 

12 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

13 ACTS

14 For acquisition of lands within the exterior bound15 aries of the Cache, Uinta, and Wasatch National Forests, 

16 Utah; the Toiyabe National Forest, Nevada; and the An17 geles, San Bernardino, Sequoia, and Cleveland National 

18 Forests, California, as authorized by law, $1,069,000, to 

19 be derived from forest receipts. 

20 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

21 For acquisition of lands, such sums, to be derived 

22 from funds deposited by State, county, or municipal gov23 ernments, public school districts, or other public school au24 thorities, and for authorized expenditures from funds de25 posited by non-federal parties pursuant to Land Sale and 
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1 Exchange Acts, pursuant to the Act of December 4, 1967, 

2 as amended (16 U.S.C. 484a), to remain available until 

3 expended. 

4 RANGE BETTERMENT FUND

5 For necessary expenses of range rehabilitation, pro6 tection, and improvement, 50 percent of all moneys re7 ceived during the prior fiscal year, as fees for grazing do8 mestic livestock on lands in National Forests in the 16 

9 Western States, pursuant to section 401(b)(1) of Public 

10 Law 94–579, as amended, to remain available until ex11 pended, of which not to exceed 6 percent shall be available 

12 for administrative expenses associated with on-the-ground 

13 range rehabilitation, protection, and improvements. 

14 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

15 RANGELAND RESEARCH

16 For expenses authorized by 16 U.S.C. 1643(b), 

17 $92,000, to remain available until expended, to be derived 

18 from the fund established pursuant to the above Act. 

19 MANAGEMENT OF NATIONAL FOREST LANDS FOR

20 SUBSISTENCE USES

21 For necessary expenses of the Forest Service to man22 age federal lands in Alaska for subsistence uses under title 

23 VIII of the Alaska National Interest Lands Conservation 

24 Act (Public Law 96–487), $5,535,000, to remain available 

25 until expended. 
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1 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

2 Appropriations to the Forest Service for the current 

3 fiscal year shall be available for: (1) purchase of not to 

4 exceed 124 passenger motor vehicles of which 21 will be 

5 used primarily for law enforcement purposes and of which 

6 124 shall be for replacement; acquisition of 25 passenger 

7 motor vehicles from excess sources, and hire of such vehi8 cles; operation and maintenance of aircraft, the purchase 

9 of not to exceed seven for replacement only, and acquisi10 tion of sufficient aircraft from excess sources to maintain 

11 the operable fleet at 195 aircraft for use in Forest Service 

12 wildland fire programs and other Forest Service programs; 

13 notwithstanding other provisions of law, existing aircraft 

14 being replaced may be sold, with proceeds derived or 

15 trade-in value used to offset the purchase price for the 

16 replacement aircraft; (2) services pursuant to 7 U.S.C. 

17 2225, and not to exceed $100,000 for employment under 

18 5 U.S.C. 3109; (3) purchase, erection, and alteration of 

19 buildings and other public improvements (7 U.S.C. 2250); 

20 (4) acquisition of land, waters, and interests therein pur21 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 

22 Volunteers in the National Forest Act of 1972 (16 U.S.C. 

23 558a, 558d, and 558a note); (6) the cost of uniforms as 

24 authorized by 5 U.S.C. 5901–5902; and (7) for debt col25 lection contracts in accordance with 31 U.S.C. 3718(c). 
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1 None of the funds made available under this Act shall 

2 be obligated or expended to abolish any region, to move 

3 or close any regional office for National Forest System 

4 administration of the Forest Service, Department of Agri5 culture without the consent of the House and Senate Com6 mittees on Appropriations. 

7 Any appropriations or funds available to the Forest 

8 Service may be transferred to the Wildland Fire Manage9 ment appropriation for forest firefighting, emergency re10 habilitation of burned-over or damaged lands or waters 

11 under its jurisdiction, and fire preparedness due to severe 

12 burning conditions if and only if all previously appro13 priated emergency contingent funds under the heading 

14 ‘‘Wildland Fire Management’’ have been released by the 

15 President and apportioned and all funds under the head16 ing ‘‘Wildland Fire Management’’ are obligated. 

17 Funds appropriated to the Forest Service shall be 

18 available for assistance to or through the Agency for Inter19 national Development and the Foreign Agricultural Serv20 ice in connection with forest and rangeland research, tech21 nical information, and assistance in foreign countries, and 

22 shall be available to support forestry and related natural 

23 resource activities outside the United States and its terri24 tories and possessions, including technical assistance, edu-
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1 cation and training, and cooperation with United States 

2 and international organizations. 

3 None of the funds made available to the Forest Serv4 ice under this Act shall be subject to transfer under the 

5 provisions of section 702(b) of the Department of Agri6 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 

7 147b unless the proposed transfer is approved in advance 

8 by the House and Senate Committees on Appropriations 

9 in compliance with the reprogramming procedures con10 tained in the House report accompanying this Act. 

11 None of the funds available to the Forest Service may 

12 be reprogrammed without the advance approval of the 

13 House and Senate Committees on Appropriations in ac14 cordance with the procedures contained in the House re15 port accompanying this Act. 

16 No funds available to the Forest Service shall be 

17 transferred to the Working Capital Fund of the Depart18 ment of Agriculture that exceed the total amount trans19 ferred during fiscal year 2000 for such purposes without 

20 the advance approval of the House and Senate Committees 

21 on Appropriations. 

22 Funds available to the Forest Service shall be avail23 able to conduct a program of not less than $2,000,000 

24 for high priority projects within the scope of the approved 
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1 budget which shall be carried out by the Youth Conserva2 tion Corps. 

3 Of the funds available to the Forest Service, $2,500 

4 is available to the Chief of the Forest Service for official 

5 reception and representation expenses. 

6 Pursuant to sections 405(b) and 410(b) of Public 

7 Law 101–593, of the funds available to the Forest Service, 

8 $3,000,000 may be advanced in a lump sum to the Na9 tional Forest Foundation to aid conservation partnership 

10 projects in support of the Forest Service mission, without 

11 regard to when the Foundation incurs expenses, for ad12 ministrative expenses or projects on or benefitting Na13 tional Forest System lands or related to Forest Service 

14 programs: Provided, That of the Federal funds made 

15 available to the Foundation, no more than $300,000 shall 

16 be available for administrative expenses: Provided further, 

17 That the Foundation shall obtain, by the end of the period 

18 of Federal financial assistance, private contributions to 

19 match on at least one-for-one basis funds made available 

20 by the Forest Service: Provided further, That the Founda21 tion may transfer Federal funds to a non-Federal recipient 

22 for a project at the same rate that the recipient has ob23 tained the non-Federal matching funds: Provided further,

24 That authorized investments of Federal funds held by the 

25 Foundation may be made only in interest-bearing obliga-
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1 tions of the United States or in obligations guaranteed as 

2 to both principal and interest by the United States. 

3 Pursuant to section 2(b)(2) of Public Law 98–244, 

4 $2,650,000 of the funds available to the Forest Service 

5 shall be available for matching funds to the National Fish 

6 and Wildlife Foundation, as authorized by 16 U.S.C. 

7 3701–3709, and may be advanced in a lump sum to aid 

8 conservation partnership projects in support of the Forest 

9 Service mission, without regard to when expenses are in10 curred, for projects on or benefitting National Forest Sys11 tem lands or related to Forest Service programs: Provided,

12 That the Foundation shall obtain, by the end of the period 

13 of Federal financial assistance, private contributions to 

14 match on at least one-for-one basis funds advanced by the 

15 Forest Service: Provided further, That the Foundation 

16 may transfer Federal funds to a non-Federal recipient for 

17 a project at the same rate that the recipient has obtained 

18 the non-Federal matching funds. 

19 Funds appropriated to the Forest Service shall be 

20 available for interactions with and providing technical as21 sistance to rural communities for sustainable rural devel22 opment purposes. 

23 Funds appropriated to the Forest Service shall be 

24 available for payments to counties within the Columbia 

25 River Gorge National Scenic Area, pursuant to sections 
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1 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

2 663. 

3 Not later than 60 days after the date of the enact4 ment of this Act, the Secretary of Agriculture shall submit 

5 to Congress, and make available to interested persons, a 

6 report containing the results of a management review of 

7 outfitter and guiding operations in the John Muir, Ansel 

8 Adams, and Dinkey Lakes Wilderness Areas of the Inyo 

9 and Sierra National Forests, California. The report shall 

10 include information regarding: (1) how the Secretary in11 tends to minimize adverse impacts on the historic access 

12 rights of special use permittees in these three wilderness 

13 areas; and (2) how the Secretary intends to ensure timely 

14 compliance with the requirements of the National Envi15 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

16 Notwithstanding any other provision of law, any ap17 propriations or funds available to the Forest Service not 

18 to exceed $500,000 may be used to reimburse the Office 

19 of the General Counsel (OGC), Department of Agri20 culture, for travel and related expenses incurred as a re21 sult of OGC assistance or participation requested by the 

22 Forest Service at meetings, training sessions, management 

23 reviews, land purchase negotiations and similar non-litiga24 tion related matters. Future budget justifications for both 

25 the Forest Service and the Department of Agriculture 
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1 should clearly display the sums previously transferred and 

2 the requested funding transfers. 

3 Any appropriations or funds available to the Forest 

4 Service may be used for necessary expenses in the event 

5 of law enforcement emergencies as necessary to protect 

6 natural resources and public or employee safety: Provided,

7 That such amounts shall not exceed $1,000,000. 

8 The Secretary of Agriculture may authorize the sale 

9 of excess buildings, facilities, and other properties owned 

10 by the Forest Service and located on the Green Mountain 

11 National Forest, the revenues of which shall be retained 

12 by the Forest Service and available to the Secretary with13 out further appropriation and until expended for mainte14 nance and rehabilitation activities on the Green Mountain 

15 National Forest. 

16 The Secretary of Agriculture may transfer or reim17 burse funds available to the Forest Service, not to exceed 

18 $15,000,000, to the Secretary of the Interior or the Sec19 retary of Commerce to expedite conferencing and consulta20 tions as required under section 7 of the Endangered Spe21 cies Act, 16 U.S.C. 1536. The amount of the transfer or 

22 reimbursement shall be as mutually agreed by the Sec23 retary of Agriculture and the Secretary of the Interior or 

24 Secretary of Commerce, as applicable, or their designees. 
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1 The amount shall in no case exceed the actual costs of 

2 consultation and conferencing. 

3 Beginning on June 30, 2001 and concluding on De4 cember 31, 2004, an eligible individual who is employed 

5 in any project funded under Title V of the Older American 

6 Act of 1965 (42 U.S.C. 3056 et seq.) and administered 

7 by the Forest Service shall be considered to be a Federal 

8 employee for purposes of chapter 171 of title 28, United 

9 States Code. 

10 DEPARTMENT OF ENERGY 

11 CLEAN COAL TECHNOLOGY

12 (DEFERRAL) 

13 Of the funds made available under this heading for 

14 obligation in prior years, $86,000,000 shall not be avail15 able until October 1, 2004: Provided, That funds made 

16 available in previous appropriations Acts shall be available 

17 for any ongoing project regardless of the separate request 

18 for proposal under which the project was selected. 

19 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

20 For necessary expenses in carrying out fossil energy 

21 research and development activities, under the authority 

22 of the Department of Energy Organization Act (Public 

23 Law 95–91), including the acquisition of interest, includ24 ing defeasible and equitable interests in any real property 

25 or any facility or for plant or facility acquisition or expan-
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1 sion, and for conducting inquiries, technological investiga2 tions and research concerning the extraction, processing, 

3 use, and disposal of mineral substances without objection4 able social and environmental costs (30 U.S.C. 3, 1602, 

5 and 1603), $609,290,000 to remain available until ex6 pended, of which $2,000,000 is to continue a multi-year 

7 project for construction, renovation, furnishing, and demo8 lition or removal of buildings at National Energy Tech9 nology Laboratory facilities in Morgantown, West Virginia 

10 and Pittsburgh, Pennsylvania; and of which $130,000,000 

11 are to be made available, after coordination with the pri12 vate sector, for a request for proposals for a Clean Coal 

13 Power Initiative providing for competitively-awarded re14 search, development, and demonstration projects to reduce 

15 the barriers to continued and expanded coal use: Provided,

16 That no project may be selected for which sufficient fund17 ing is not available to provide for the total project: Pro18 vided further, That funds shall be expended in accordance 

19 with the provisions governing the use of funds contained 

20 under the heading ‘‘Clean Coal Technology’’ in 42 U.S.C. 

21 5903d: Provided further, That the Department may in22 clude provisions for repayment of Government contribu23 tions to individual projects in an amount up to the Govern24 ment contribution to the project on terms and conditions 

25 that are acceptable to the Department including repay-
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1 ments from sale and licensing of technologies from both 

2 domestic and foreign transactions: Provided further, That 

3 such repayments shall be retained by the Department for 

4 future coal-related research, development and demonstra5 tion projects: Provided further, That any technology se6 lected under this program shall be considered a Clean Coal 

7 Technology, and any project selected under this program 

8 shall be considered a Clean Coal Technology Project, for 

9 the purposes of 42 U.S.C. 7651n, and Chapters 51, 52, 

10 and 60 of title 40 of the Code of Federal Regulations: 

11 Provided further, That no part of the sum herein made 

12 available shall be used for the field testing of nuclear ex13 plosives in the recovery of oil and gas: Provided further,

14 That up to 4 percent of program direction funds available 

15 to the National Energy Technology Laboratory may be 

16 used to support Department of Energy activities not in17 cluded in this account. 

18 NAVAL PETROLEUM AND OIL SHALE RESERVES

19 For expenses necessary to carry out naval petroleum 

20 and oil shale reserve activities, $20,500,000, to remain 

21 available until expended: Provided, That, notwithstanding 

22 any other provision of law, unobligated funds remaining 

23 from prior years shall be available for all naval petroleum 

24 and oil shale reserve activities. 
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1 ELK HILLS SCHOOL LANDS FUND

2 For necessary expenses in fulfilling installment pay3 ments under the Settlement Agreement entered into by 

4 the United States and the State of California on October 

5 11, 1996, as authorized by section 3415 of Public Law 

6 104–106, $36,000,000, to become available on October 1, 

7 2004 for payment to the State of California for the State 

8 Teachers’ Retirement Fund from the Elk Hills School 

9 Lands Fund. 

10 ENERGY CONSERVATION

11 For necessary expenses in carrying out energy con12 servation activities, $879,487,000 (increased by 

13 $15,000,000, reduced by $15,000,000), to remain avail14 able until expended: Provided, That $270,000,000 (in15 creased by $15,000,000) shall be for use in energy con16 servation grant programs as defined in section 3008(3) 

17 of Public Law 99–509 (15 U.S.C. 4507): Provided further,

18 That notwithstanding section 3003(d)(2) of Public Law 

19 99–509, such sums shall be allocated to the eligible pro20 grams as follows: $225,000,000 (increased by 

21 $15,000,000) for weatherization assistance grants and 

22 $45,000,000 for State energy program grants. 

23 ECONOMIC REGULATION

24 For necessary expenses in carrying out the activities 

25 of the Office of Hearings and Appeals, $1,047,000, to re26 main available until expended. 
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1 STRATEGIC PETROLEUM RESERVE

2 For necessary expenses for Strategic Petroleum Re3 serve facility development and operations and program 

4 management activities pursuant to the Energy Policy and 

5 Conservation Act of 1975, as amended (42 U.S.C. 6201 

6 et seq.), $175,081,000, to remain available until expended. 

7 NORTHEAST HOME HEATING OIL RESERVE

8 For necessary expenses for Northeast Home Heating 

9 Oil Reserve storage, operations, and management activi10 ties pursuant to the Energy Policy and Conservation Act 

11 of 2000, $5,000,000, to remain available until expended. 

12 ENERGY INFORMATION ADMINISTRATION

13 For necessary expenses in carrying out the activities 

14 of the Energy Information Administration, $82,111,000, 

15 to remain available until expended. 

16 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

17 Appropriations under this Act for the current fiscal 

18 year shall be available for hire of passenger motor vehicles; 

19 hire, maintenance, and operation of aircraft; purchase, re20 pair, and cleaning of uniforms; and reimbursement to the 

21 General Services Administration for security guard serv22 ices. 

23 From appropriations under this Act, transfers of 

24 sums may be made to other agencies of the Government 
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1 for the performance of work for which the appropriation 

2 is made. 

3 None of the funds made available to the Department 

4 of Energy under this Act shall be used to implement or 

5 finance authorized price support or loan guarantee pro6 grams unless specific provision is made for such programs 

7 in an appropriations Act. 

8 The Secretary is authorized to accept lands, build9 ings, equipment, and other contributions from public and 

10 private sources and to prosecute projects in cooperation 

11 with other agencies, Federal, State, private or foreign: 

12 Provided, That revenues and other moneys received by or 

13 for the account of the Department of Energy or otherwise 

14 generated by sale of products in connection with projects 

15 of the Department appropriated under this Act may be 

16 retained by the Secretary of Energy, to be available until 

17 expended, and used only for plant construction, operation, 

18 costs, and payments to cost-sharing entities as provided 

19 in appropriate cost-sharing contracts or agreements: Pro20 vided further, That the remainder of revenues after the 

21 making of such payments shall be covered into the Treas22 ury as miscellaneous receipts: Provided further, That any 

23 contract, agreement, or provision thereof entered into by 

24 the Secretary pursuant to this authority shall not be exe25 cuted prior to the expiration of 30 calendar days (not in-
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1 cluding any day in which either House of Congress is not 

2 in session because of adjournment of more than 3 calendar 

3 days to a day certain) from the receipt by the Speaker 

4 of the House of Representatives and the President of the 

5 Senate of a full comprehensive report on such project, in6 cluding the facts and circumstances relied upon in support 

7 of the proposed project. 

8 No funds provided in this Act may be expended by 

9 the Department of Energy to prepare, issue, or process 

10 procurement documents for programs or projects for 

11 which appropriations have not been made. 

12 In addition to other authorities set forth in this Act, 

13 the Secretary may accept fees and contributions from pub14 lic and private sources, to be deposited in a contributed 

15 funds account, and prosecute projects using such fees and 

16 contributions in cooperation with other Federal, State or 

17 private agencies or concerns. 

18 DEPARTMENT OF HEALTH AND HUMAN 

19 SERVICES 

20 INDIAN HEALTH SERVICE

21 INDIAN HEALTH SERVICES

22 For expenses necessary to carry out the Act of Au23 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina24 tion Act, the Indian Health Care Improvement Act, and 

25 titles II and III of the Public Health Service Act with re-
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1 spect to the Indian Health Service, $2,556,082,000, to2 gether with payments received during the fiscal year pur3 suant to 42 U.S.C. 238(b) for services furnished by the 

4 Indian Health Service: Provided, That funds made avail5 able to tribes and tribal organizations through contracts, 

6 grant agreements, or any other agreements or compacts 

7 authorized by the Indian Self-Determination and Edu8 cation Assistance Act of 1975 (25 U.S.C. 450), shall be 

9 deemed to be obligated at the time of the grant or contract 

10 award and thereafter shall remain available to the tribe 

11 or tribal organization without fiscal year limitation: Pro12 vided further, That $18,000,000 shall remain available 

13 until expended, for the Indian Catastrophic Health Emer14 gency Fund: Provided further, That $460,046,000 for con15 tract medical care shall remain available for obligation 

16 until September 30, 2005: Provided further, That of the 

17 funds provided, up to $27,000,000 to remain available 

18 until expended, shall be used to carry out the loan repay19 ment program under section 108 of the Indian Health 

20 Care Improvement Act: Provided further, That funds pro21 vided in this Act may be used for 1-year contracts and 

22 grants which are to be performed in 2 fiscal years, so long 

23 as the total obligation is recorded in the year for which 

24 the funds are appropriated: Provided further, That the 

25 amounts collected by the Secretary of Health and Human 
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1 Services under the authority of title IV of the Indian 

2 Health Care Improvement Act shall remain available until 

3 expended for the purpose of achieving compliance with the 

4 applicable conditions and requirements of titles XVIII and 

5 XIX of the Social Security Act (exclusive of planning, de6 sign, or construction of new facilities): Provided further,

7 That funding contained herein, and in any earlier appro8 priations Acts for scholarship programs under the Indian 

9 Health Care Improvement Act (25 U.S.C. 1613) shall re10 main available until expended: Provided further, That 

11 amounts received by tribes and tribal organizations under 

12 title IV of the Indian Health Care Improvement Act shall 

13 be reported and accounted for and available to the receiv14 ing tribes and tribal organizations until expended: Pro15 vided further, That, notwithstanding any other provision 

16 of law, of the amounts provided herein, not to exceed 

17 $270,734,000 shall be for payments to tribes and tribal 

18 organizations for contract or grant support costs associ19 ated with contracts, grants, self-governance compacts or 

20 annual funding agreements between the Indian Health 

21 Service and a tribe or tribal organization pursuant to the 

22 Indian Self-Determination Act of 1975, as amended, prior 

23 to or during fiscal year 2004, of which not to exceed 

24 $2,500,000 may be used for contract support costs associ25 ated with new or expanded self-determination contracts, 
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1 grants, self-governance compacts or annual funding agree2 ments: Provided further, That funds available for the In3 dian Health Care Improvement Fund may be used, as 

4 needed, to carry out activities typically funded under the 

5 Indian Health Facilities account. 

6 INDIAN HEALTH FACILITIES

7 For construction, repair, maintenance, improvement, 

8 and equipment of health and related auxiliary facilities, 

9 including quarters for personnel; preparation of plans, 

10 specifications, and drawings; acquisition of sites, purchase 

11 and erection of modular buildings, and purchases of trail12 ers; and for provision of domestic and community sanita13 tion facilities for Indians, as authorized by section 7 of 

14 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

15 Self-Determination Act, and the Indian Health Care Im16 provement Act, and for expenses necessary to carry out 

17 such Acts and titles II and III of the Public Health Serv18 ice Act with respect to environmental health and facilities 

19 support activities of the Indian Health Service, 

20 $392,560,000, to remain available until expended: Pro21 vided, That notwithstanding any other provision of law, 

22 funds appropriated for the planning, design, construction 

23 or renovation of health facilities for the benefit of an In24 dian tribe or tribes may be used to purchase land for sites 

25 to construct, improve, or enlarge health or related facili-
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1 ties: Provided further, That from the funds appropriated 

2 herein, $5,000,000 shall be designated by the Indian 

3 Health Service as a contribution to the Yukon-Kuskokwim 

4 Health Corporation (YKHC) to complete a priority project 

5 for the acquisition of land, planning, design and construc6 tion of 79 staff quarters in the Bethel service area, pursu7 ant to the negotiated project agreement between the 

8 YKHC and the Indian Health Service: Provided further,

9 That this project shall not be subject to the construction 

10 provisions of the Indian Self-Determination and Edu11 cation Assistance Act and shall be removed from the In12 dian Health Service priority list upon completion: Provided 

13 further, That the Federal Government shall not be liable 

14 for any property damages or other construction claims 

15 that may arise from YKHC undertaking this project: Pro16 vided further, That the land shall be owned or leased by 

17 the YKHC and title to quarters shall remain vested with 

18 the YKHC: Provided further, That not to exceed $500,000 

19 shall be used by the Indian Health Service to purchase 

20 TRANSAM equipment from the Department of Defense 

21 for distribution to the Indian Health Service and tribal 

22 facilities: Provided further, That none of the funds appro23 priated to the Indian Health Service may be used for sani24 tation facilities construction for new homes funded with 

25 grants by the housing programs of the United States De-
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1 partment of Housing and Urban Development: Provided 

2 further, That not to exceed $500,000 shall be used by the 

3 Indian Health Service to obtain ambulances for the Indian 

4 Health Service and tribal facilities in conjunction with an 

5 existing interagency agreement between the Indian Health 

6 Service and the General Services Administration: Provided 

7 further, That not to exceed $500,000 shall be placed in 

8 a Demolition Fund, available until expended, to be used 

9 by the Indian Health Service for demolition of Federal 

10 buildings. 

11 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

12 Appropriations in this Act to the Indian Health Serv13 ice shall be available for services as authorized by 5 U.S.C. 

14 3109 but at rates not to exceed the per diem rate equiva15 lent to the maximum rate payable for senior-level positions 

16 under 5 U.S.C. 5376; hire of passenger motor vehicles and 

17 aircraft; purchase of medical equipment; purchase of re18 prints; purchase, renovation and erection of modular 

19 buildings and renovation of existing facilities; payments 

20 for telephone service in private residences in the field, 

21 when authorized under regulations approved by the Sec22 retary; and for uniforms or allowances therefor as author23 ized by 5 U.S.C. 5901–5902; and for expenses of attend24 ance at meetings which are concerned with the functions 

25 or activities for which the appropriation is made or which 
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1 will contribute to improved conduct, supervision, or man2 agement of those functions or activities. 

3 In accordance with the provisions of the Indian 

4 Health Care Improvement Act, non-Indian patients may 

5 be extended health care at all tribally administered or In6 dian Health Service facilities, subject to charges, and the 

7 proceeds along with funds recovered under the Federal 

8 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

9 be credited to the account of the facility providing the 

10 service and shall be available without fiscal year limitation. 

11 Notwithstanding any other law or regulation, funds trans12 ferred from the Department of Housing and Urban Devel13 opment to the Indian Health Service shall be administered 

14 under Public Law 86–121 (the Indian Sanitation Facili15 ties Act) and Public Law 93–638, as amended. 

16 Funds appropriated to the Indian Health Service in 

17 this Act, except those used for administrative and program 

18 direction purposes, shall not be subject to limitations di19 rected at curtailing Federal travel and transportation. 

20 Notwithstanding any other provision of law, funds 

21 previously or herein made available to a tribe or tribal or22 ganization through a contract, grant, or agreement au23 thorized by title I or title III of the Indian Self-Determina24 tion and Education Assistance Act of 1975 (25 U.S.C. 

25 450), may be deobligated and reobligated to a self-deter-
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1 mination contract under title I, or a self-governance agree2 ment under title III of such Act and thereafter shall re3 main available to the tribe or tribal organization without 

4 fiscal year limitation. 

5 None of the funds made available to the Indian 

6 Health Service in this Act shall be used to implement the 

7 final rule published in the Federal Register on September 

8 16, 1987, by the Department of Health and Human Serv9 ices, relating to the eligibility for the health care services 

10 of the Indian Health Service until the Indian Health Serv11 ice has submitted a budget request reflecting the increased 

12 costs associated with the proposed final rule, and such re13 quest has been included in an appropriations Act and en14 acted into law. 

15 With respect to functions transferred by the Indian 

16 Health Service to tribes or tribal organizations, the Indian 

17 Health Service is authorized to provide goods and services 

18 to those entities, on a reimbursable basis, including pay19 ment in advance with subsequent adjustment. The reim20 bursements received therefrom, along with the funds re21 ceived from those entities pursuant to the Indian Self-De22 termination Act, may be credited to the same or subse23 quent appropriation account which provided the funding. 

24 Such amounts shall remain available until expended. 
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1 Reimbursements for training, technical assistance, or 

2 services provided by the Indian Health Service will contain 

3 total costs, including direct, administrative, and overhead 

4 associated with the provision of goods, services, or tech5 nical assistance. 

6 The appropriation structure for the Indian Health 

7 Service may not be altered without advance approval of 

8 the House and Senate Committees on Appropriations. 

9 OTHER RELATED AGENCIES 

10 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Navajo and 

13 Hopi Indian Relocation as authorized by Public Law 93–

14 531, $13,532,000, to remain available until expended: 

15 Provided, That funds provided in this or any other appro16 priations Act are to be used to relocate eligible individuals 

17 and groups including evictees from District 6, Hopi-parti18 tioned lands residents, those in significantly substandard 

19 housing, and all others certified as eligible and not in20 cluded in the preceding categories: Provided further, That 

21 none of the funds contained in this or any other Act may 

22 be used by the Office of Navajo and Hopi Indian Reloca23 tion to evict any single Navajo or Navajo family who, as 

24 of November 30, 1985, was physically domiciled on the 

25 lands partitioned to the Hopi Tribe unless a new or re-
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1 placement home is provided for such household: Provided 

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

3 one new or replacement home: Provided further, That the 

4 Office shall relocate any certified eligible relocatees who 

5 have selected and received an approved homesite on the 

6 Navajo reservation or selected a replacement residence off 

7 the Navajo reservation or on the land acquired pursuant 

8 to 25 U.S.C. 640d–10. 

9 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

10 CULTURE AND ARTS DEVELOPMENT

11 PAYMENT TO THE INSTITUTE

12 For payment to the Institute of American Indian and 

13 Alaska Native Culture and Arts Development, as author14 ized by title XV of Public Law 99–498, as amended (20 

15 U.S.C. 56 part A), $5,250,000. 

16 SMITHSONIAN INSTITUTION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Smithsonian Institu19 tion, as authorized by law, including research in the fields 

20 of art, science, and history; development, preservation, and 

21 documentation of the National Collections; presentation of 

22 public exhibits and performances; collection, preparation, 

23 dissemination, and exchange of information and publica24 tions; conduct of education, training, and museum assist25 ance programs; maintenance, alteration, operation, lease 
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1 (for terms not to exceed 30 years), and protection of build2 ings, facilities, and approaches; not to exceed $100,000 

3 for services as authorized by 5 U.S.C. 3109; up to five 

4 replacement passenger vehicles; purchase, rental, repair, 

5 and cleaning of uniforms for employees, $489,748,000, of 

6 which not to exceed $46,903,000 for the instrumentation 

7 program, collections acquisition, exhibition reinstallation, 

8 the National Museum of the American Indian, and the re9 patriation of skeletal remains program shall remain avail10 able until expended; and of which $828,000 for fellowships 

11 and scholarly awards shall remain available until Sep12 tember 30, 2005; and including such funds as may be nec13 essary to support American overseas research centers and 

14 a total of $125,000 for the Council of American Overseas 

15 Research Centers: Provided, That funds appropriated 

16 herein are available for advance payments to independent 

17 contractors performing research services or participating 

18 in official Smithsonian presentations: Provided further,

19 That the Smithsonian Institution may expend Federal ap20 propriations designated in this Act for lease or rent pay21 ments for long term and swing space, as rent payable to 

22 the Smithsonian Institution, and such rent payments may 

23 be deposited into the general trust funds of the Institution 

24 to the extent that federally supported activities are housed 

25 in the 900 H Street, N.W. building in the District of Co-
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1 lumbia: Provided further, That this use of Federal appro2 priations shall not be construed as debt service, a Federal 

3 guarantee of, a transfer of risk to, or an obligation of, 

4 the Federal Government: Provided further, That no appro5 priated funds may be used to service debt which is in6 curred to finance the costs of acquiring the 900 H Street 

7 building or of planning, designing, and constructing im8 provements to such building. 

9 FACILITIES CAPITAL

10 For necessary expenses of repair, revitalization, and 

11 alteration of facilities owned or occupied by the Smithso12 nian Institution, by contract or otherwise, as authorized 

13 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

14 and for construction, including necessary personnel, 

15 $93,970,000, to remain available until expended, of which 

16 not to exceed $10,000 is for services as authorized by 5 

17 U.S.C. 3109: Provided, That contracts awarded for envi18 ronmental systems, protection systems, and repair or res19 toration of facilities of the Smithsonian Institution may 

20 be negotiated with selected contractors and awarded on 

21 the basis of contractor qualifications as well as price: Pro22 vided further, That balances from amounts previously ap23 propriated under the headings ‘‘Repair, Restoration and 

24 Alteration of Facilities’’ and ‘‘Construction’’ shall be 
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1 transferred to and merged with this appropriation and 

2 shall remain until expended. 

3 ADMINISTRATIVE PROVISIONS, SMITHSONIAN

4 INSTITUTION

5 None of the funds in this or any other Act may be 

6 used to make any changes to the existing Smithsonian 

7 science programs including closure of facilities, relocation 

8 of staff or redirection of functions and programs without 

9 approval from the Board of Regents of recommendations 

10 received from the Science Commission. 

11 None of the funds in this or any other Act may be 

12 used to initiate the design for any proposed expansion of 

13 current space or new facility without consultation with the 

14 House and Senate Appropriations Committees. 

15 None of the funds in this or any other Act may be 

16 used for the Holt House located at the National Zoological 

17 Park in Washington, D.C., unless identified as repairs to 

18 minimize water damage, monitor structure movement, or 

19 provide interim structural support. 

20 None of the funds available to the Smithsonian may 

21 be reprogrammed without the advance written approval of 

22 the House and Senate Committees on Appropriations in 

23 accordance with the procedures contained in the House 

24 report accompanying this Act. 
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1 The Secretary of the Smithsonian Institution may es2 tablish a voluntary separation incentive program substan3 tially similar to the program established under section 

4 1313(a) of the ‘‘Homeland Security Act of 2002’’ (Public 

5 Law 107–296, 116 Stat. 2135) for individuals serving in 

6 civil service positions in the Smithsonian Institution. 

7 NATIONAL GALLERY OF ART

8 SALARIES AND EXPENSES

9 For the upkeep and operations of the National Gal10 lery of Art, the protection and care of the works of art 

11 therein, and administrative expenses incident thereto, as 

12 authorized by the Act of March 24, 1937 (50 Stat. 51), 

13 as amended by the public resolution of April 13, 1939 

14 (Public Resolution 9, Seventy-sixth Congress), including 

15 services as authorized by 5 U.S.C. 3109; payment in ad16 vance when authorized by the treasurer of the Gallery for 

17 membership in library, museum, and art associations or 

18 societies whose publications or services are available to 

19 members only, or to members at a price lower than to the 

20 general public; purchase, repair, and cleaning of uniforms 

21 for guards, and uniforms, or allowances therefor, for other 

22 employees as authorized by law (5 U.S.C. 5901–5902); 

23 purchase or rental of devices and services for protecting 

24 buildings and contents thereof, and maintenance, alter25 ation, improvement, and repair of buildings, approaches, 
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1 and grounds; and purchase of services for restoration and 

2 repair of works of art for the National Gallery of Art by 

3 contracts made, without advertising, with individuals, 

4 firms, or organizations at such rates or prices and under 

5 such terms and conditions as the Gallery may deem prop6 er, $88,849,000, of which not to exceed $3,026,000 for 

7 the special exhibition program shall remain available until 

8 expended. 

9 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

10 For necessary expenses of repair, restoration and 

11 renovation of buildings, grounds and facilities owned or 

12 occupied by the National Gallery of Art, by contract or 

13 otherwise, as authorized, $11,600,000, to remain available 

14 until expended: Provided, That contracts awarded for envi15 ronmental systems, protection systems, and exterior repair 

16 or renovation of buildings of the National Gallery of Art 

17 may be negotiated with selected contractors and awarded 

18 on the basis of contractor qualifications as well as price. 

19 JOHN F. KENNEDY CENTER FOR THE PERFORMING

20 ARTS

21 OPERATIONS AND MAINTENANCE

22 For necessary expenses for the operation, mainte23 nance and security of the John F. Kennedy Center for 

24 the Performing Arts, $16,560,000. 
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1 CONSTRUCTION

2 For necessary expenses for capital repair and restora3 tion of the existing features of the building and site of 

4 the John F. Kennedy Center for the Performing Arts, 

5 $16,000,000, to remain available until expended. 

6 WOODROW WILSON INTERNATIONAL CENTER FOR

7 SCHOLARS

8 SALARIES AND EXPENSES

9 For expenses necessary in carrying out the provisions 

10 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

11 1356) including hire of passenger vehicles and services as 

12 authorized by 5 U.S.C. 3109, $8,604,000. 

13 NATIONAL FOUNDATION ON THE ARTS AND THE

14 HUMANITIES

15 NATIONAL ENDOWMENT FOR THE ARTS

16 GRANTS AND ADMINISTRATION

17 For necessary expenses to carry out the National 

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

19 as amended, $117,480,000 (increased by $10,000,000), 

20 shall be available to the National Endowment for the Arts 

21 for the support of projects and productions in the arts 

22 through assistance to organizations and individuals pursu23 ant to sections 5(c) and 5(g) of the Act, including 

24 $17,000,000 (increased by $10,000,000) for support of 

25 arts education and public outreach activities through the 
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1 Challenge America program, for program support, and for 

2 administering the functions of the Act, to remain available 

3 until expended: Provided, That funds previously appro4 priated to the National Endowment for the Arts ‘‘Match5 ing Grants’’ account and ‘‘Challenge America’’ account 

6 may be transferred to and merged with this account. 

7 NATIONAL ENDOWMENT FOR THE HUMANITIES

8 GRANTS AND ADMINISTRATION

9 For necessary expenses to carry out the National 

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

11 as amended, $120,878,000 (increased by $5,000,000), 

12 shall be available to the National Endowment for the Hu13 manities for support of activities in the humanities, pursu14 ant to section 7(c) of the Act, and for administering the 

15 functions of the Act, to remain available until expended. 

16 MATCHING GRANTS

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

18 National Foundation on the Arts and the Humanities Act 

19 of 1965, as amended, $16,122,000, to remain available 

20 until expended, of which $10,436,000 shall be available 

21 to the National Endowment for the Humanities for the 

22 purposes of section 7(h): Provided, That this appropria23 tion shall be available for obligation only in such amounts 

24 as may be equal to the total amounts of gifts, bequests, 

25 and devises of money, and other property accepted by the 
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1 chairman or by grantees of the Endowment under the pro2 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 

3 the current and preceding fiscal years for which equal 

4 amounts have not previously been appropriated. 

5 ADMINISTRATIVE PROVISIONS

6 None of the funds appropriated to the National 

7 Foundation on the Arts and the Humanities may be used 

8 to process any grant or contract documents which do not 

9 include the text of 18 U.S.C. 1913: Provided, That none 

10 of the funds appropriated to the National Foundation on 

11 the Arts and the Humanities may be used for official re12 ception and representation expenses: Provided further,

13 That funds from nonappropriated sources may be used as 

14 necessary for official reception and representation ex15 penses: Provided further, That the Chairperson of the Na16 tional Endowment for the Arts may approve grants up to 

17 $10,000, if in the aggregate this amount does not exceed 

18 5 percent of the sums appropriated for grant making pur19 poses per year: Provided further, That such small grant 

20 actions are taken pursuant to the terms of an expressed 

21 and direct delegation of authority from the National Coun22 cil on the Arts to the Chairperson. 
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1 COMMISSION OF FINE ARTS

2 SALARIES AND EXPENSES

3 For expenses made necessary by the Act establishing 

4 a Commission of Fine Arts (40 U.S.C. 104), $1,422,000: 

5 Provided, That the Commission is authorized to charge 

6 fees to cover the full costs of its publications, and such 

7 fees shall be credited to this account as an offsetting col8 lection, to remain available until expended without further 

9 appropriation. 

10 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

11 For necessary expenses as authorized by Public Law 

12 99–190 (20 U.S.C. 956(a)), as amended, $7,000,000. 

13 ADMINISTRATIVE PROVISION

14 None of the funds appropriated in this or any other 

15 Act, except funds appropriated to the Office of Manage16 ment and Budget, shall be available to study the alteration 

17 or transfer of the National Capital Arts and Cultural Af18 fairs program. 

19 ADVISORY COUNCIL ON HISTORIC PRESERVATION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Advisory Council on 

22 Historic Preservation (Public Law 89–665, as amended), 

23 $4,100,000: Provided, That none of these funds shall be 

24 available for compensation of level V of the Executive 

25 Schedule or higher positions. 
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1 NATIONAL CAPITAL PLANNING COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses, as authorized by the Na4 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

5 including services as authorized by 5 U.S.C. 3109, 

6 $7,730,000: Provided, That for fiscal year 2004 and there7 after, all appointed members of the Commission will be 

8 compensated at a rate not to exceed the daily equivalent 

9 of the annual rate of pay for positions at level IV of the 

10 Executive Schedule for each day such member is engaged 

11 in the actual performance of duties. 

12 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

13 HOLOCAUST MEMORIAL MUSEUM

14 For expenses of the Holocaust Memorial Museum, as 

15 authorized by Public Law 106–292 (36 U.S.C. 2301–

16 2310), $39,997,000, of which $1,900,000 for the muse17 um’s repair and rehabilitation program and $1,264,000 

18 for the museum’s exhibitions program shall remain avail19 able until expended. 

20 PRESIDIO TRUST

21 PRESIDIO TRUST FUND

22 For necessary expenses to carry out title I of the Om23 nibus Parks and Public Lands Management Act of 1996, 

24 $20,700,000 shall be available to the Presidio Trust, to 

25 remain available until expended. 
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1 TITLE III—GENERAL PROVISIONS 

2 SEC. 301. The expenditure of any appropriation 

3 under this Act for any consulting service through procure4 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

5 to those contracts where such expenditures are a matter 

6 of public record and available for public inspection, except 

7 where otherwise provided under existing law, or under ex8 isting Executive Order issued pursuant to existing law. 

9 SEC. 302. No part of any appropriation contained in 

10 this Act shall be available for any activity or the publica11 tion or distribution of literature that in any way tends to 

12 promote public support or opposition to any legislative 

13 proposal on which congressional action is not complete. 

14 SEC. 303. No part of any appropriation contained in 

15 this Act shall remain available for obligation beyond the 

16 current fiscal year unless expressly so provided herein. 

17 SEC. 304. None of the funds provided in this Act to 

18 any department or agency shall be obligated or expended 

19 to provide a personal cook, chauffeur, or other personal 

20 servants to any officer or employee of such department 

21 or agency except as otherwise provided by law. 

22 SEC. 305. No assessments, charges, or billings may 

23 be levied against any program, budget activity, subactivity, 

24 or project funded by this Act unless advance notice of such 

25 assessments, charges, or billings and the basis therefor are 
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1 presented to the House and Senate Committees on Appro2 priations and are approved by such Committees. 

3 SEC. 306. None of the funds in this Act may be used 

4 to plan, prepare, or offer for sale timber from trees classi5 fied as giant sequoia (Sequoiadendron giganteum) which 

6 are located on National Forest System or Bureau of Land 

7 Management lands in a manner different than such sales 

8 were conducted in fiscal year 2002. 

9 SEC. 307. (a) LIMITATION OF FUNDS.—None of the 

10 funds appropriated or otherwise made available pursuant 

11 to this Act shall be obligated or expended to accept or 

12 process applications for a patent for any mining or mill 

13 site claim located under the general mining laws. 

14 (b) EXCEPTIONS.—The provisions of subsection (a) 

15 shall not apply if the Secretary of the Interior determines 

16 that, for the claim concerned: (1) a patent application was 

17 filed with the Secretary on or before September 30, 1994; 

18 and (2) all requirements established under sections 2325 

19 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

20 for vein or lode claims and sections 2329, 2330, 2331, 

21 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 

22 37) for placer claims, and section 2337 of the Revised 

23 Statutes (30 U.S.C. 42) for mill site claims, as the case 

24 may be, were fully complied with by the applicant by that 

25 date. 
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1 (c) REPORT.—On September 30, 2004, the Secretary 

2 of the Interior shall file with the House and Senate Com3 mittees on Appropriations and the Committee on Re4 sources of the House of Representatives and the Com5 mittee on Energy and Natural Resources of the Senate 

6 a report on actions taken by the Department under the 

7 plan submitted pursuant to section 314(c) of the Depart8 ment of the Interior and Related Agencies Appropriations 

9 Act, 1997 (Public Law 104–208). 

10 (d) MINERAL EXAMINATIONS.—In order to process 

11 patent applications in a timely and responsible manner, 

12 upon the request of a patent applicant, the Secretary of 

13 the Interior shall allow the applicant to fund a qualified 

14 third-party contractor to be selected by the Bureau of 

15 Land Management to conduct a mineral examination of 

16 the mining claims or mill sites contained in a patent appli17 cation as set forth in subsection (b). The Bureau of Land 

18 Management shall have the sole responsibility to choose 

19 and pay the third-party contractor in accordance with the 

20 standard procedures employed by the Bureau of Land 

21 Management in the retention of third-party contractors. 

22 SEC. 308. Notwithstanding any other provision of 

23 law, amounts appropriated to or earmarked in committee 

24 reports for the Bureau of Indian Affairs and the Indian 

25 Health Service by Public Laws 103–138, 103–332, 104–
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1 134, 104–208, 105–83, 105–277, 106–113, 106–291, 

2 107–63, and 108–7 for payments to tribes and tribal orga3 nizations for contract support costs associated with self4 determination or self-governance contracts, grants, com5 pacts, or annual funding agreements with the Bureau of 

6 Indian Affairs or the Indian Health Service as funded by 

7 such Acts, are the total amounts available for fiscal years 

8 1994 through 2003 for such purposes, except that, for the 

9 Bureau of Indian Affairs, tribes and tribal organizations 

10 may use their tribal priority allocations for unmet indirect 

11 costs of ongoing contracts, grants, self-governance com12 pacts or annual funding agreements. 

13 SEC. 309. Of the funds provided to the National En14 dowment for the Arts—

15 (1) The Chairperson shall only award a grant 

16 to an individual if such grant is awarded to such in17 dividual for a literature fellowship, National Herit18 age Fellowship, or American Jazz Masters Fellow19 ship. 

20 (2) The Chairperson shall establish procedures 

21 to ensure that no funding provided through a grant, 

22 except a grant made to a State or local arts agency, 

23 or regional group, may be used to make a grant to 

24 any other organization or individual to conduct ac25 tivity independent of the direct grant recipient. 
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1 Nothing in this subsection shall prohibit payments 

2 made in exchange for goods and services. 

3 (3) No grant shall be used for seasonal support 

4 to a group, unless the application is specific to the 

5 contents of the season, including identified programs 

6 and/or projects. 

7 SEC. 310. The National Endowment for the Arts and 

8 the National Endowment for the Humanities are author9 ized to solicit, accept, receive, and invest in the name of 

10 the United States, gifts, bequests, or devises of money and 

11 other property or services and to use such in furtherance 

12 of the functions of the National Endowment for the Arts 

13 and the National Endowment for the Humanities. Any 

14 proceeds from such gifts, bequests, or devises, after ac15 ceptance by the National Endowment for the Arts or the 

16 National Endowment for the Humanities, shall be paid by 

17 the donor or the representative of the donor to the Chair18 man. The Chairman shall enter the proceeds in a special 

19 interest-bearing account to the credit of the appropriate 

20 endowment for the purposes specified in each case. 

21 SEC. 311. (a) In providing services or awarding fi22 nancial assistance under the National Foundation on the 

23 Arts and the Humanities Act of 1965 from funds appro24 priated under this Act, the Chairperson of the National 

25 Endowment for the Arts shall ensure that priority is given 
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1 to providing services or awarding financial assistance for 

2 projects, productions, workshops, or programs that serve 

3 underserved populations. 

4 (b) In this section: 

5 (1) The term ‘‘underserved population’’ means 

6 a population of individuals, including urban minori7 ties, who have historically been outside the purview 

8 of arts and humanities programs due to factors such 

9 as a high incidence of income below the poverty line 

10 or to geographic isolation. 

11 (2) The term ‘‘poverty line’’ means the poverty 

12 line (as defined by the Office of Management and 

13 Budget, and revised annually in accordance with sec14 tion 673(2) of the Community Services Block Grant 

15 Act (42 U.S.C. 9902(2)) (applicable to a family of 

16 the size involved. 

17 (c) In providing services and awarding financial as18 sistance under the National Foundation on the Arts and 

19 Humanities Act of 1965 with funds appropriated by this 

20 Act, the Chairperson of the National Endowment for the 

21 Arts shall ensure that priority is given to providing serv22 ices or awarding financial assistance for projects, produc23 tions, workshops, or programs that will encourage public 

24 knowledge, education, understanding, and appreciation of 

25 the arts. 
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1 (d) With funds appropriated by this Act to carry out 

2 section 5 of the National Foundation on the Arts and Hu3 manities Act of 1965—

4 (1) the Chairperson shall establish a grant cat5 egory for projects, productions, workshops, or pro6 grams that are of national impact or availability or 

7 are able to tour several States; 

8 (2) the Chairperson shall not make grants ex9 ceeding 15 percent, in the aggregate, of such funds 

10 to any single State, excluding grants made under the 

11 authority of paragraph (1); 

12 (3) the Chairperson shall report to the Con13 gress annually and by State, on grants awarded by 

14 the Chairperson in each grant category under sec15 tion 5 of such Act; and 

16 (4) the Chairperson shall encourage the use of 

17 grants to improve and support community-based 

18 music performance and education. 

19 SEC. 312. No part of any appropriation contained in 

20 this Act shall be expended or obligated to complete and 

21 issue the 5-year program under the Forest and Rangeland 

22 Renewable Resources Planning Act. 

23 SEC. 313. None of the funds in this Act may be used 

24 to support Government-wide administrative functions un25 less such functions are justified in the budget process and 
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1 funding is approved by the House and Senate Committees 

2 on Appropriations. 

3 SEC. 314. Notwithstanding any other provision of 

4 law, none of the funds in this Act may be used for GSA 

5 Telecommunication Centers. 

6 SEC. 315. Notwithstanding any other provision of 

7 law, for fiscal year 2004 the Secretaries of Agriculture and 

8 the Interior are authorized to limit competition for water9 shed restoration project contracts as part of the ‘‘Jobs in 

10 the Woods’’ Program established in Region 10 of the For11 est Service to individuals and entities in historically tim12 ber-dependent areas in the States of Washington, Oregon, 

13 northern California, Idaho, Montana, and Alaska that 

14 have been affected by reduced timber harvesting on Fed15 eral lands. The Secretaries shall consider the benefits to 

16 the local economy in evaluating bids and designing pro17 curements which create economic opportunities for local 

18 contractors. 

19 SEC. 316. Amounts deposited during fiscal year 2003 

20 in the roads and trails fund provided for in the 14th para21 graph under the heading ‘‘FOREST SERVICE’’ of the 

22 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall 

23 be used by the Secretary of Agriculture, without regard 

24 to the State in which the amounts were derived, to repair 

25 or reconstruct roads, bridges, and trails on National For-
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1 est System lands or to carry out and administer projects 

2 to improve forest health conditions, which may include the 

3 repair or reconstruction of roads, bridges, and trails on 

4 National Forest System lands in the wildland-community 

5 interface where there is an abnormally high risk of fire. 

6 The projects shall emphasize reducing risks to human 

7 safety and public health and property and enhancing eco8 logical functions, long-term forest productivity, and bio9 logical integrity. The projects may be completed in a sub10 sequent fiscal year. Funds shall not be expended under 

11 this section to replace funds which would otherwise appro12 priately be expended from the timber salvage sale fund. 

13 Nothing in this section shall be construed to exempt any 

14 project from any environmental law. 

15 SEC. 317. Other than in emergency situations, none 

16 of the funds in this Act may be used to operate telephone 

17 answering machines during core business hours unless 

18 such answering machines include an option that enables 

19 callers to reach promptly an individual on-duty with the 

20 agency being contacted. 

21 SEC. 318. No timber sale in Region 10 shall be adver22 tised if the indicated rate is deficit when appraised using 

23 a residual value approach that assigns domestic Alaska 

24 values for western redcedar. Program accomplishments 

25 shall be based on volume sold. Should Region 10 sell, in 
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1 fiscal year 2004, the annual average portion of the decadal 

2 allowable sale quantity called for in the current Tongass 

3 Land Management Plan in sales which are not deficit 

4 when appraised using a residual value approach that as5 signs domestic Alaska values for western redcedar, all of 

6 the western redcedar timber from those sales which is sur7 plus to the needs of domestic processors in Alaska, shall 

8 be made available to domestic processors in the contiguous 

9 48 United States at prevailing domestic prices. Should Re10 gion 10 sell, in fiscal year 2003, less than the annual aver11 age portion of the decadal allowable sale quantity called 

12 for in the Tongass Land Management Plan in sales which 

13 are not deficit when appraised using a residual value ap14 proach that assigns domestic Alaska values for western 

15 redcedar, the volume of western redcedar timber available 

16 to domestic processors at prevailing domestic prices in the 

17 contiguous 48 United States shall be that volume: (i) 

18 which is surplus to the needs of domestic processors in 

19 Alaska, and (ii) is that percent of the surplus western 

20 redcedar volume determined by calculating the ratio of the 

21 total timber volume which has been sold on the Tongass 

22 to the annual average portion of the decadal allowable sale 

23 quantity called for in the current Tongass Land Manage24 ment Plan. The percentage shall be calculated by Region 

25 10 on a rolling basis as each sale is sold (for purposes 
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1 of this amendment, a ‘‘rolling basis’’ shall mean that the 

2 determination of how much western redcedar is eligible for 

3 sale to various markets shall be made at the time each 

4 sale is awarded). Western redcedar shall be deemed ‘‘sur5 plus to the needs of domestic processors in Alaska’’ when 

6 the timber sale holder has presented to the Forest Service 

7 documentation of the inability to sell western redcedar logs 

8 from a given sale to domestic Alaska processors at a price 

9 equal to or greater than the log selling value stated in 

10 the contract. All additional western redcedar volume not 

11 sold to Alaska or contiguous 48 United States domestic 

12 processors may be exported to foreign markets at the elec13 tion of the timber sale holder. All Alaska yellow cedar may 

14 be sold at prevailing export prices at the election of the 

15 timber sale holder. 

16 SEC. 319. A project undertaken by the Forest Service 

17 under the Recreation Fee Demonstration Program as au18 thorized by section 315 of the Department of the Interior 

19 and Related Agencies Appropriations Act for Fiscal Year 

20 1996, as amended, shall not result in—

21 (1) displacement of the holder of an authoriza22 tion to provide commercial recreation services on 

23 Federal lands. Prior to initiating any project, the 

24 Secretary shall consult with potentially affected 

25 holders to determine what impacts the project may 
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1 have on the holders. Any modifications to the au2 thorization shall be made within the terms and con3 ditions of the authorization and authorities of the 

4 impacted agency; 

5 (2) the return of a commercial recreation serv6 ice to the Secretary for operation when such services 

7 have been provided in the past by a private sector 

8 provider, except when—

9 (A) the private sector provider fails to 

10 bid on such opportunities; 

11 (B) the private sector provider termi12 nates its relationship with the agency; or 

13 (C) the agency revokes the permit for 

14 non-compliance with the terms and conditions 

15 of the authorization. 

16 In such cases, the agency may use the Recreation Fee 

17 Demonstration Program to provide for operations until a 

18 subsequent operator can be found through the offering of 

19 a new prospectus. 

20 SEC. 320. Prior to October 1, 2004, the Secretary 

21 of Agriculture shall not be considered to be in violation 

22 of subparagraph 6(f)(5)(A) of the Forest and Rangeland 

23 Renewable Resources Planning Act of 1974 (16 U.S.C. 

24 1604(f)(5)(A)) solely because more than 15 years have 

25 passed without revision of the plan for a unit of the Na-
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1 tional Forest System. Nothing in this section exempts the 

2 Secretary from any other requirement of the Forest and 

3 Rangeland Renewable Resources Planning Act (16 U.S.C. 

4 1600 et seq.) or any other law: Provided, That if the Sec5 retary is not acting expeditiously and in good faith, within 

6 the funding available, to revise a plan for a unit of the 

7 National Forest System, this section shall be void with re8 spect to such plan and a court of proper jurisdiction may 

9 order completion of the plan on an accelerated basis. 

10 SEC. 321. No funds provided in this Act may be ex11 pended to conduct preleasing, leasing and related activities 

12 under either the Mineral Leasing Act (30 U.S.C. 181 et 

13 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

14 1331 et seq.) within the boundaries of a National Monu15 ment established pursuant to the Act of June 8, 1906 (16 

16 U.S.C. 431 et seq.) as such boundary existed on January 

17 20, 2001, except where such activities are allowed under 

18 the Presidential proclamation establishing such monu19 ment. 

20 SEC. 322. EXTENSION OF FOREST SERVICE CONVEY21 ANCES PILOT PROGRAM.—Section 329 of the Department 

22 of the Interior and Related Agencies Appropriations Act, 

23 2002 (16 U.S.C. 580d note; Public Law 107–63) is 

24 amended—
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1 (1) in subsection (b), by striking ‘‘20’’ and in2 serting ‘‘30’’; 

3 (2) in subsection (c) by striking ‘‘3’’ and insert4 ing ‘‘8’’; and 

5 (3) in subsection (d), by striking ‘‘2006’’ and 

6 inserting ‘‘2007’’. 

7 SEC. 323. Employees of the foundations established 

8 by Acts of Congress to solicit private sector funds on be9 half of Federal land management agencies shall, in fiscal 

10 year 2004 and thereafter, qualify for General Service Ad11 ministration contract airfares. 

12 SEC. 324. In entering into agreements with foreign 

13 countries pursuant to the Wildfire Suppression Assistance 

14 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

15 the Secretary of the Interior are authorized to enter into 

16 reciprocal agreements in which the individuals furnished 

17 under said agreements to provide fire management serv18 ices are considered, for purposes of tort liability, employ19 ees of the country receiving said services when the individ20 uals are engaged in fire management activities: Provided,

21 That the Secretary of Agriculture or the Secretary of the 

22 Interior shall not enter into any agreement under this pro23 vision unless the foreign country (either directly or 

24 through its fire organization) agrees to assume any and 

25 all liability for the acts or omissions of American fire-
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1 fighters engaged in firefighting in a foreign country: Pro2 vided further, That when an agreement is reached for fur3 nishing fire fighting services, the only remedies for acts 

4 or omissions committed while fighting fires shall be those 

5 provided under the laws of the host country, and those 

6 remedies shall be the exclusive remedies for any claim aris7 ing out of fighting fires in a foreign country: Provided fur8 ther, That neither the sending country nor any legal orga9 nization associated with the firefighter shall be subject to 

10 any legal action whatsoever pertaining to or arising out 

11 of the firefighter’s role in fire suppression. 

12 SEC. 325. A grazing permit or lease issued by the 

13 Secretary of the Interior or a grazing permit issued by 

14 the Secretary of Agriculture where National Forest Sys15 tem lands are involved that expires, is transferred, or 

16 waived during fiscal year 2004 shall be renewed under sec17 tion 402 of the Federal Land Policy and Management Act 

18 of 1976, as amended (43 U.S.C. 1752), section 19 of the 

19 Granger-Thye Act, as amended (16 U.S.C. 580l), title III 

20 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 

21 et seq.), or, if applicable, section 510 of the California 

22 Desert Protection Act (16 U.S.C. 410aaa–50). The terms 

23 and conditions contained in the expired, transferred, or 

24 waived permit or lease shall continue in effect under the 

25 renewed permit or lease until such time as the Secretary 
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1 of the Interior or Secretary of Agriculture as appropriate 

2 completes processing of such permit or lease in compliance 

3 with all applicable laws and regulations, at which time 

4 such permit or lease may be canceled, suspended or modi5 fied, in whole or in part, to meet the requirements of such 

6 applicable laws and regulations. Nothing in this section 

7 shall be deemed to alter the statutory authority of the Sec8 retary of the Interior or the Secretary of Agriculture: Pro9 vided, That where National Forest System lands are in10 volved and the Secretary of Agriculture has renewed an 

11 expired or waived grazing permit prior to or during fiscal 

12 year 2004, the terms and conditions of the renewed graz13 ing permit shall remain in effect until such time as the 

14 Secretary of Agriculture completes processing of the re15 newed permit in compliance with all applicable laws and 

16 regulations or until the expiration of the renewed permit, 

17 whichever comes first. Upon completion of the processing, 

18 the permit may be canceled, suspended or modified, in 

19 whole or in part, to meet the requirements of applicable 

20 laws and regulations. Nothing in this section shall be 

21 deemed to alter the Secretary of Agriculture’s statutory 

22 authority. 

23 SEC. 326. Notwithstanding any other provision of law 

24 or regulation, to promote the more efficient use of the 

25 health care funding allocation for fiscal year 2004, the 
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1 Eagle Butte Service Unit of the Indian Health Service, 

2 at the request of the Cheyenne River Sioux Tribe, may 

3 pay base salary rates to health professionals up to the 

4 highest grade and step available to a physician, phar5 macist, or other health professional and may pay a recruit6 ment or retention bonus of up to 25 percent above the 

7 base pay rate. 

8 SEC. 327. None of the funds made available in this 

9 Act may be transferred to any department, agency, or in10 strumentality of the United States Government except 

11 pursuant to a transfer made by, or transfer authority pro12 vided in, this Act or any other appropriations Act. 

13 SEC. 328. PROHIBITION OF OIL AND GAS DRILLING

14 IN THE FINGER LAKES NATIONAL FOREST, NEW

15 YORK.—None of the funds in this Act may be used to 

16 prepare or issue a permit or lease for oil or gas drilling 

17 in the Finger Lakes National Forest, New York, during 

18 fiscal year 2004. 

19 SEC. 329. None of the funds made available in this 

20 Act may be used for the planning, design, or construction 

21 of improvements to Pennsylvania Avenue in front of the 

22 White House without the advance approval of the Commit23 tees on Appropriations. 

24 SEC. 330. In awarding a Federal Contract with funds 

25 made available by this Act, the Secretary of Agriculture 
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1 and the Secretary of the Interior (the ‘‘Secretaries’’) may, 

2 in evaluating bids and proposals, give consideration to 

3 local contractors who are from, and who provide employ4 ment and training for, dislocated and displaced workers 

5 in an economically disadvantaged rural community, in6 cluding those historically timber-dependent areas that 

7 have been affected by reduced timber harvesting on Fed8 eral lands and other forest-dependent rural communities 

9 isolated from significant alternative employment opportu10 nities: Provided, That the Secretaries may award grants 

11 or cooperative agreements to local non-profit entities, 

12 Youth Conservation Corps or related partnerships with 

13 State, local or non-profit youth groups, or small or dis14 advantaged business if the contract, grant, or cooperative 

15 agreement is for forest hazardous fuels reduction, water16 shed or water quality monitoring or restoration, wildlife 

17 or fish population monitoring, or habitat restoration or 

18 management: Provided further, That the terms ‘‘rural 

19 community’’ and ‘‘economically disadvantaged’’ shall have 

20 the same meanings as in section 2374 of Public Law 101–

21 624: Provided further, That the Secretaries shall develop 

22 guidance to implement this section: Provided further, That 

23 nothing in this section shall be construed as relieving the 

24 Secretaries of any duty under applicable procurement 

25 laws, except as provided in this section. 
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1 SEC. 331. No funds appropriated in this Act for the 

2 acquisition of lands or interests in lands may be expended 

3 for the filing of declarations of taking or complaints in 

4 condemnation without the approval of the House and Sen5 ate Committees on Appropriations: Provided, That this 

6 provision shall not apply to funds appropriated to imple7 ment the Everglades National Park Protection and Ex8 pansion Act of 1989, or to funds appropriated for federal 

9 assistance to the State of Florida to acquire lands for Ev10 erglades restoration purposes. 

11 SEC. 332. Section 315(f) of the Department of the 

12 Interior and Related Agencies Appropriations Act, 1996 

13 (as contained in section 101(c) of Public Law 104–134; 

14 110 Stat. 1321–200; 16 U.S.C. 460l–6a note), is amend15 ed—

16 (1) by striking ‘‘2004’’ and inserting ‘‘2006’’; 

17 and 

18 (2) by striking ‘‘2007’’ and inserting ‘‘2009’’. 

19 SEC. 333. Subsection (c) of section 551 of the Land 

20 Between the Lakes Protection Act of 1998 (16 U.S.C. 

21 460lll–61) is amended to read as follows: 

22 ‘‘(c) USE OF FUNDS.—The Secretary of Agriculture 

23 may expend amounts appropriated or otherwise made 

24 available to carry out this title in a manner consistent with 

25 the authorities exercised by the Tennessee Valley Author-
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1 ity before the transfer of the Recreation Area to the ad2 ministrative jurisdiction of the Secretary, including camp3 ground management and visitor services, paid advertise4 ment, and procurement of food and supplies for resale 

5 purposes.’’. 

6 SEC. 334. Section 339 of the Department of the Inte7 rior and Related Agencies Appropriations Act, 2000, as 

8 enacted into law by section 1000(a)(3) of Public Law 106–

9 113 (113 Stat. 1501A–204; 16 U.S.C. 528 note), is 

10 amended—

11 (1) in subsection (b)—

12 (A) in the first sentence, by striking ‘‘not 

13 less than the fair market value’’ and inserting 

14 ‘‘fees under subsection (c)’’; and 

15 (B) by striking the second sentence and in16 serting the following: ‘‘The Secretary shall es17 tablish appraisal methods and bidding proce18 dures to determine the fair market value of for19 est botanical products harvested under the pilot 

20 program.’’; 

21 (2) in subsection (c), by striking paragraph (1) 

22 and inserting the following new paragraph (1): 

23 ‘‘(1) IMPOSITION AND COLLECTION.—Under the 

24 pilot program, the Secretary of Agriculture shall 

25 charge and collect from a person who harvests forest 
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1 botanical products on National Forest System lands 

2 a fee in an amount established by the Secretary to 

3 recover at least a portion of the fair market value 

4 of the harvested forest botanical products and a por5 tion of the costs incurred by the Department of Ag6 riculture associated with granting, modifying, or 

7 monitoring the authorization for harvest of the for8 est botanical products, including the costs of any en9 vironmental or other analysis.’’; 

10 (3) in subsection (d)(1), by striking ‘‘charges 

11 and fees under subsections (b) and’’ and inserting 

12 ‘‘a fee under subsection’’; 

13 (4) in subsection (f)—

14 (A) in paragraph (1), by striking ‘‘sub15 sections (b) and’’ and inserting ‘‘subsection’’; 

16 (B) in paragraph (2), by striking ‘‘in ex17 cess of the amounts collected for forest botan18 ical products during fiscal year 1999’’; 

19 (C) in paragraph (3), by striking ‘‘charges 

20 and fees collected at that unit under the pilot 

21 program to pay for’’ and all that follows 

22 through the period at the end and inserting 

23 ‘‘fees collected at that unit under subsection (c) 

24 to pay for the costs of conducting inventories of 

25 forest botanical products, determining sustain-
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1 able levels of harvest, monitoring and assessing 

2 the impacts of harvest levels and methods, con3 ducting restoration activities, including any nec4 essary vegetation, and covering costs of the De5 partment of Agriculture described in subsection 

6 (c)(1).’’; and 

7 (D) in paragraph (4), by striking ‘‘sub8 sections (b) and’’ and inserting ‘‘subsection’’; 

9 (5) in subsection (g)—

10 (A) by striking ‘‘charges and fees under 

11 subsections (b) and’’ and inserting ‘‘fees under 

12 subsection’’; and 

13 (B) by striking ‘‘subsections (b) and’’ the 

14 second place it appears and inserting ‘‘sub15 section’’; and 

16 (6) in subsection (h), by striking paragraph (1) 

17 and inserting the following new paragraph (1): 

18 ‘‘(1) COLLECTION OF FEES.—The Secretary of 

19 Agriculture may collect fees under the authority of 

20 subsection (c) until September 30, 2009.’’. 

21 SEC. 335. None of the funds in this Act can be used 

22 to initiate any new competitive sourcing studies. 

23 SEC. 336. None of the funds made available by this 

24 Act may be used for the implementation of a competitive 

25 sourcing study at the Midwest Archaeological Center in 
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1 Lincoln, Nebraska, or the Southeast Archaeological Cen2 ter in Florida. 

3 SEC. 337. None of the funds made available by this 

4 Act may be used to implement amendments to Bureau of 

5 Land Management regulations on Recordable Disclaimers 

6 of Interest in Land (subpart 1864 of part 1860 of title 

7 43, Code of Federal Regulations) as adopted on January 

8 6, 2003, with regard to any lands within a designated Na9 tional Monument, Wilderness Study Area, National Park 

10 System unit, National Wildlife Refuge System unit, or 

11 lands within the National Wilderness Preservation Sys12 tem. 

13 This Act may be cited as the ‘‘Department of the In14 terior and Related Agencies Appropriations Act, 2004’’.

15 That the following sums are appropriated, out of any 

16 money in the Treasury not otherwise appropriated, for the 

17 Department of the Interior and related agencies for the fis18 cal year ending September 30, 2004, and for other purposes, 

19 namely: 

20 TITLE I—DEPARTMENT OF THE INTERIOR 

21 BUREAU OF LAND MANAGEMENT

22 MANAGEMENT OF LANDS AND RESOURCES

23 For necessary expenses for protection, use, improve24 ment, development, disposal, cadastral surveying, classifica25 tion, acquisition of easements and other interests in lands, 
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1 and performance of other functions, including maintenance 

2 of facilities, as authorized by law, in the management of 

3 lands and their resources under the jurisdiction of the Bu4 reau of Land Management, including the general adminis5 tration of the Bureau, and assessment of mineral potential 

6 of public lands pursuant to Public Law 96–487 (16 U.S.C. 

7 3150(a)), $847,091,000, to remain available until expended, 

8 of which $1,000,000 is for high priority projects, to be car9 ried out by the Youth Conservation Corps; $2,484,000 is 

10 for assessment of the mineral potential of public lands in 

11 Alaska pursuant to section 1010 of Public Law 96–487; (16 

12 U.S.C. 3150); and of which not to exceed $1,000,000 shall 

13 be derived from the special receipt account established by 

14 the Land and Water Conservation Act of 1965, as amended 

15 (16 U.S.C. 460l–6a(i)); and of which $3,000,000 shall be 

16 available in fiscal year 2004 subject to a match by at least 

17 an equal amount by the National Fish and Wildlife Foun18 dation for cost-shared projects supporting conservation of 

19 Bureau lands; and such funds shall be advanced to the 

20 Foundation as a lump sum grant without regard to when 

21 expenses are incurred; in addition, $32,696,000 is for Min22 ing Law Administration program operations, including the 

23 cost of administering the mining claim fee program; to re24 main available until expended, to be reduced by amounts 

25 collected by the Bureau and credited to this appropriation 
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1 from annual mining claim fees so as to result in a final 

2 appropriation estimated at not more than $847,091,000; 

3 and $2,000,000, to remain available until expended, from 

4 communication site rental fees established by the Bureau 

5 for the cost of administering communication site activities: 

6 Provided, That appropriations herein made shall not be 

7 available for the destruction of healthy, unadopted, wild 

8 horses and burros in the care of the Bureau. 

9 WILDLAND FIRE MANAGEMENT

10 For necessary expenses for fire preparedness, suppres11 sion operations, fire science and research, emergency reha12 bilitation, hazardous fuels reduction, and rural fire assist13 ance by the Department of the Interior, $698,725,000, to 

14 remain available until expended, of which not to exceed 

15 $12,374,000 shall be for the renovation or construction of 

16 fire facilities: Provided, That such funds are also available 

17 for repayment of advances to other appropriation accounts 

18 from which funds were previously transferred for such pur19 poses: Provided further, That persons hired pursuant to 43 

20 U.S.C. 1469 may be furnished subsistence and lodging with21 out cost from funds available from this appropriation: Pro22 vided further, That notwithstanding 42 U.S.C. 1856d, sums 

23 received by a bureau or office of the Department of the Inte24 rior for fire protection rendered pursuant to 42 U.S.C. 1856 

25 et seq., protection of United States property, may be cred-
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1 ited to the appropriation from which funds were expended 

2 to provide that protection, and are available without fiscal 

3 year limitation: Provided further, That using the amounts 

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

5 Interior may enter into procurement contracts, grants, or 

6 cooperative agreements, for hazardous fuels reduction ac7 tivities, and for training and monitoring associated with 

8 such hazardous fuels reduction activities, on Federal land, 

9 or on adjacent non-Federal land for activities that benefit 

10 resources on Federal land: Provided further, That notwith11 standing requirements of the Competition in Contracting 

12 Act, the Secretary, for purposes of hazardous fuels reduction 

13 activities, may obtain maximum practicable competition 

14 among: (A) local private, nonprofit, or cooperative entities; 

15 (B) Youth Conservation Corps crews or related partnerships 

16 with state, local, or non-profit youth groups; (C) small or 

17 micro-businesses; or (D) other entities that will hire or 

18 train locally a significant percentage, defined as 50 percent 

19 or more, of the project workforce to complete such contracts: 

20 Provided further, That in implementing this section, the 

21 Secretary shall develop written guidance to field units to 

22 ensure accountability and consistent application of the au23 thorities provided herein: Provided further, That funds ap24 propriated under this head may be used to reimburse the 

25 United States Fish and Wildlife Service and the National 
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1 Marine Fisheries Service for the costs of carrying out their 

2 responsibilities under the Endangered Species Act of 1973 

3 (16 U.S.C. 1531 et seq.) to consult and conference, as re4 quired by section 7 of such Act in connection with wildland 

5 fire management activities: Provided further, That the Sec6 retary of the Interior may use wildland fire appropriations 

7 to enter into non-competitive sole source leases of real prop8 erty with local governments, at or below fair market value, 

9 to construct capitalized improvements for fire facilities on 

10 such leased properties, including but not limited to fire 

11 guard stations, retardant stations, and other initial attack 

12 and fire support facilities, and to make advance payments 

13 for any such lease or for construction activity associated 

14 with the lease. 

15 CENTRAL HAZARDOUS MATERIALS FUND

16 For necessary expenses of the Department of the Inte17 rior and any of its component offices and bureaus for the 

18 remedial action, including associated activities, of haz19 ardous waste substances, pollutants, or contaminants pur20 suant to the Comprehensive Environmental Response, Com21 pensation, and Liability Act, as amended (42 U.S.C. 9601 

22 et seq.), $9,978,000, to remain available until expended: 

23 Provided, That notwithstanding 31 U.S.C. 3302, sums re24 covered from or paid by a party in advance of or as reim25 bursement for remedial action or response activities con-
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1 ducted by the Department pursuant to section 107 or 113(f) 

2 of such Act, shall be credited to this account, to be available 

3 until expended without further appropriation: Provided 

4 further, That such sums recovered from or paid by any 

5 party are not limited to monetary payments and may in6 clude stocks, bonds or other personal or real property, which 

7 may be retained, liquidated, or otherwise disposed of by the 

8 Secretary and which shall be credited to this account. 

9 CONSTRUCTION

10 For construction of buildings, recreation facilities, 

11 roads, trails, and appurtenant facilities, $12,476,000, to re12 main available until expended. 

13 LAND ACQUISITION

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

15 and 318(d) of Public Law 94–579, including administra16 tive expenses and acquisition of lands or waters, or interests 

17 therein, $25,600,000, to be derived from the Land and 

18 Water Conservation Fund and to remain available until 

19 expended. 

20 OREGON AND CALIFORNIA GRANT LANDS

21 For expenses necessary for management, protection, 

22 and development of resources and for construction, oper23 ation, and maintenance of access roads, reforestation, and 

24 other improvements on the revested Oregon and California 

25 Railroad grant lands, on other Federal lands in the Oregon 
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1 and California land-grant counties of Oregon, and on adja2 cent rights-of-way; and acquisition of lands or interests 

3 therein, including existing connecting roads on or adjacent 

4 to such grant lands; $106,672,000, to remain available until 

5 expended: Provided, That 25 percent of the aggregate of all 

6 receipts during the current fiscal year from the revested Or7 egon and California Railroad grant lands is hereby made 

8 a charge against the Oregon and California land-grant 

9 fund and shall be transferred to the General Fund in the 

10 Treasury in accordance with the second paragraph of sub11 section (b) of title II of the Act of August 28, 1937 (50 Stat. 

12 876). 

13 FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND

14 (REVOLVING FUND, SPECIAL ACCOUNT)

15 In addition to the purposes authorized in Public Law 

16 102–381, funds made available in the Forest Ecosystem 

17 Health and Recovery Fund can be used for the purpose of 

18 planning, preparing, implementing and monitoring salvage 

19 timber sales and forest ecosystem health and recovery activi20 ties, such as release from competing vegetation and density 

21 control treatments. The Federal share of receipts (defined 

22 as the portion of salvage timber receipts not paid to the 

23 counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et 

24 seq., and Public Law 106–393) derived from treatments 
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1 funded by this account shall be deposited into the Forest 

2 Ecosystem Health and Recovery Fund. 

3 RANGE IMPROVEMENTS

4 For rehabilitation, protection, and acquisition of lands 

5 and interests therein, and improvement of Federal range6 lands pursuant to section 401 of the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 1701), notwith8 standing any other Act, sums equal to 50 percent of all 

9 moneys received during the prior fiscal year under sections 

10 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) 

11 and the amount designated for range improvements from 

12 grazing fees and mineral leasing receipts from Bankhead13 Jones lands transferred to the Department of the Interior 

14 pursuant to law, but not less than $10,000,000, to remain 

15 available until expended: Provided, That not to exceed 

16 $600,000 shall be available for administrative expenses. 

17 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

18 For administrative expenses and other costs related to 

19 processing application documents and other authorizations 

20 for use and disposal of public lands and resources, for costs 

21 of providing copies of official public land documents, for 

22 monitoring construction, operation, and termination of fa23 cilities in conjunction with use authorizations, and for re24 habilitation of damaged property, such amounts as may be 

25 collected under Public Law 94–579, as amended, and Public 
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1 Law 93–153, to remain available until expended: Provided, 

2 That notwithstanding any provision to the contrary of sec3 tion 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any 

4 moneys that have been or will be received pursuant to that 

5 section, whether as a result of forfeiture, compromise, or set6 tlement, if not appropriate for refund pursuant to section 

7 305(c) of that Act (43 U.S.C. 1735(c)), shall be available 

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

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

10 lands administered through the Bureau of Land Manage11 ment which have been damaged by the action of a resource 

12 developer, purchaser, permittee, or any unauthorized per13 son, without regard to whether all moneys collected from 

14 each such action are used on the exact lands damaged which 

15 led to the action: Provided further, That any such moneys 

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

17 the exact land for which funds were collected may be used 

18 to repair other damaged public lands. 

19 MISCELLANEOUS TRUST FUNDS

20 In addition to amounts authorized to be expended 

21 under existing laws, there is hereby appropriated such 

22 amounts as may be contributed under section 307 of the 

23 Act of October 21, 1976 (43 U.S.C. 1701), and such 

24 amounts as may be advanced for administrative costs, sur25 veys, appraisals, and costs of making conveyances of omit-
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1 ted lands under section 211(b) of that Act, to remain avail2 able until expended. 

3 ADMINISTRATIVE PROVISIONS

4 Appropriations for the Bureau of Land Management 

5 shall be available for purchase, erection, and dismantlement 

6 of temporary structures, and alteration and maintenance 

7 of necessary buildings and appurtenant facilities to which 

8 the United States has title; up to $100,000 for payments, 

9 at the discretion of the Secretary, for information or evi10 dence concerning violations of laws administered by the Bu11 reau; miscellaneous and emergency expenses of enforcement 

12 activities authorized or approved by the Secretary and to 

13 be accounted for solely on her certificate, not to exceed 

14 $10,000: Provided, That notwithstanding 44 U.S.C. 501, 

15 the Bureau may, under cooperative cost-sharing and part16 nership arrangements authorized by law, procure printing 

17 services from cooperators in connection with jointly pro18 duced publications for which the cooperators share the cost 

19 of printing either in cash or in services, and the Bureau 

20 determines the cooperator is capable of meeting accepted 

21 quality standards: Provided further, That section 28 of title 

22 30, United States Code, is amended: (1) in section 28f(a), 

23 by striking ‘‘for years 2002 through 2003’’ and inserting 

24 in lieu thereof ‘‘for years 2004 through 2008’’; and (2) in 

25 section 28g, by striking ‘‘and before September 30, 2003’’ 
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1 and inserting in lieu thereof ‘‘and before September 30, 

2 2008’’. 

3 UNITED STATES FISH AND WILDLIFE SERVICE

4 RESOURCE MANAGEMENT

5 For necessary expenses of the United States Fish and 

6 Wildlife Service, as authorized by law, and for scientific 

7 and economic studies, maintenance of the herd of long8 horned cattle on the Wichita Mountains Wildlife Refuge, 

9 general administration, and for the performance of other 

10 authorized functions related to such resources by direct ex11 penditure, contracts, grants, cooperative agreements and re12 imbursable agreements with public and private entities, 

13 $942,244,000, to remain available until September 30, 

14 2005, of which $1,000,000 may be available for the Wildlife 

15 Enhancement and Economic Development Program in 

16 Starkville, Mississippi: Provided, That $2,000,000 is for 

17 high priority projects, which shall be carried out by the 

18 Youth Conservation Corps: Provided further, That not to 

19 exceed $12,286,000 shall be used for implementing sub20 sections (a), (b), (c), and (e) of section 4 of the Endangered 

21 Species Act, as amended, for species that are indigenous to 

22 the United States (except for processing petitions, devel23 oping and issuing proposed and final regulations, and tak24 ing any other steps to implement actions described in sub25 section (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not 
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1 to exceed $8,900,000 shall be used for any activity regard2 ing the designation of critical habitat, pursuant to sub3 section (a)(3), excluding litigation support, for species al4 ready listed pursuant to subsection (a)(1) as of the date 

5 of enactment of this Act: Provided further, That of the 

6 amount available for law enforcement, up to $400,000 to 

7 remain available until expended, may at the discretion of 

8 the Secretary be used for payment for information, rewards, 

9 or evidence concerning violations of laws administered by 

10 the Service, and miscellaneous and emergency expenses of 

11 enforcement activity, authorized or approved by the Sec12 retary and to be accounted for solely on her certificate: Pro13 vided further, That of the amount provided for environ14 mental contaminants, up to $1,000,000 may remain avail15 able until expended for contaminant sample analyses. 

16 CONSTRUCTION

17 For construction, improvement, acquisition, or re18 moval of buildings and other facilities required in the con19 servation, management, investigation, protection, and utili20 zation of fishery and wildlife resources, and the acquisition 

21 of lands and interests therein; $53,285,000, to remain avail22 able until expended. 

23 LAND ACQUISITION

24 For expenses necessary to carry out the Land and 

25 Water Conservation Fund Act of 1965, as amended (16 
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1 U.S.C. 460l–4 through 11), including administrative ex2 penses, and for acquisition of land or waters, or interest 

3 therein, in accordance with statutory authority applicable 

4 to the United States Fish and Wildlife Service, $64,689,000, 

5 to be derived from the Land and Water Conservation Fund 

6 and to remain available until expended: Provided, That 

7 none of the funds appropriated for specific land acquisition 

8 projects can be used to pay for any administrative over9 head, planning or other management costs. 

10 LANDOWNER INCENTIVE PROGRAM

11 For expenses necessary to carry out the Land and 

12 Water Conservation Fund Act of 1965, as amended (16 

13 U.S.C. 460l–4 through 11), including administrative ex14 penses, and for private conservation efforts to be carried out 

15 on private lands, $40,000,000, to be derived from the Land 

16 and Water Conservation Fund, to remain available until 

17 expended: Provided, That the amount provided herein is for 

18 a Landowner Incentive Program established by the Sec19 retary that provides matching, competitively awarded 

20 grants to States, the District of Columbia, Tribes, Puerto 

21 Rico, Guam, the United States Virgin Islands, the Northern 

22 Mariana Islands, and American Samoa, to establish or sup23 plement existing landowner incentive programs that pro24 vide technical and financial assistance, including habitat 

25 protection and restoration, to private landowners for the 
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1 protection and management of habitat to benefit federally 

2 listed, proposed, candidate or other at-risk species on pri3 vate lands. 

4 STEWARDSHIP GRANTS

5 For expenses necessary to carry out the Land and 

6 Water Conservation Fund Act of 1965, as amended (16 

7 U.S.C. 460l–4 through 11), including administrative ex8 penses, and for private conservation efforts to be carried out 

9 on private lands, $10,000,000, to be derived from the Land 

10 and Water Conservation Fund, to remain available until 

11 expended: Provided, That the amount provided herein is for 

12 a Stewardship Grants Program established by the Secretary 

13 to provide grants and other assistance to individuals and 

14 groups engaged in private conservation efforts that benefit 

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

16 COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

17 For expenses necessary to carry out section 6 of the 

18 Endangered Species Act of 1973 (16 U.S.C. 1531–1543), 

19 as amended, $86,614,000, of which $36,614,000 is to be de20 rived from the Cooperative Endangered Species Conserva21 tion Fund and $50,000,000 is to be derived from the Land 

22 and Water Conservation Fund, to remain available until 

23 expended. 
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1 NATIONAL WILDLIFE REFUGE FUND

2 For expenses necessary to implement the Act of October 

3 17, 1978 (16 U.S.C. 715s), $14,414,000. 

4 NORTH AMERICAN WETLANDS CONSERVATION FUND

5 For expenses necessary to carry out the provisions of 

6 the North American Wetlands Conservation Act, Public 

7 Law 101–233, as amended, $42,982,000, to remain avail8 able until expended. 

9 NEOTROPICAL MIGRATORY BIRD CONSERVATION

10 For financial assistance for projects to promote the 

11 conservation of neotropical migratory birds in accordance 

12 with the Neotropical Migratory Bird Conservation Act, 

13 Public Law 106–247 (16 U.S.C. 6101–6109), $3,000,000, 

14 to remain available until expended. 

15 MULTINATIONAL SPECIES CONSERVATION FUND

16 For expenses necessary to carry out the African Ele17 phant Conservation Act (16 U.S.C. 4201–4203, 4211–4213, 

18 4221–4225, 4241–4245, and 1538), the Asian Elephant 

19 Conservation Act of 1997 (Public Law 105–96; 16 U.S.C. 

20 4261–4266), the Rhinoceros and Tiger Conservation Act of 

21 1994 (16 U.S.C. 5301–5306), and the Great Ape Conserva22 tion Act of 2000 (16 U.S.C. 6301), $6,000,000, to remain 

23 available until expended. 
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1 STATE AND TRIBAL WILDLIFE GRANTS

2 For wildlife conservation grants to States and to the 

3 District of Columbia, Puerto Rico, Guam, the United States 

4 Virgin Islands, the Northern Mariana Islands, American 

5 Samoa, and federally recognized Indian tribes under the 

6 provisions of the Fish and Wildlife Act of 1956 and the 

7 Fish and Wildlife Coordination Act, for the development 

8 and implementation of programs for the benefit of wildlife 

9 and their habitat, including species that are not hunted or 

10 fished, $75,000,000 to be derived from the Land and Water 

11 Conservation Fund, and to remain available until ex12 pended: Provided, That of the amount provided herein, 

13 $5,000,000 is for a competitive grant program for Indian 

14 tribes not subject to the remaining provisions of this appro15 priation: Provided further, That the Secretary shall, after 

16 deducting said $5,000,000 and administrative expenses, ap17 portion the amount provided herein in the following man18 ner: (A) to the District of Columbia and to the Common19 wealth of Puerto Rico, each a sum equal to not more than 

20 one-half of 1 percent thereof; and (B) to Guam, American 

21 Samoa, the United States Virgin Islands, and the Common22 wealth of the Northern Mariana Islands, each a sum equal 

23 to not more than one-fourth of 1 percent thereof: Provided 

24 further, That the Secretary shall apportion the remaining 

25 amount in the following manner: (A) one-third of which 
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1 is based on the ratio to which the land area of such State 

2 bears to the total land area of all such States; and (B) two3 thirds of which is based on the ratio to which the population 

4 of such State bears to the total population of all such States: 

5 Provided further, That the amounts apportioned under this 

6 paragraph shall be adjusted equitably so that no State shall 

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

8 amount available for apportionment under this paragraph 

9 for any fiscal year or more than 5 percent of such amount: 

10 Provided further, That the Federal share of planning grants 

11 shall not exceed 75 percent of the total costs of such projects 

12 and the Federal share of implementation grants shall not 

13 exceed 50 percent of the total costs of such projects: Provided 

14 further, That the non-Federal share of such projects may 

15 not be derived from Federal grant programs: Provided fur16 ther, That no State, territory, or other jurisdiction shall re17 ceive a grant unless it has developed, or committed to de18 velop by October 1, 2005, a comprehensive wildlife conserva19 tion plan, consistent with criteria established by the Sec20 retary of the Interior, that considers the broad range of the 

21 State, territory, or other jurisdiction’s wildlife and associ22 ated habitats, with appropriate priority placed on those 

23 species with the greatest conservation need and taking into 

24 consideration the relative level of funding available for the 

25 conservation of those species: Provided further, That any 
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1 amount apportioned in 2004 to any State, territory, or 

2 other jurisdiction that remains unobligated as of September 

3 30, 2005, shall be reapportioned, together with funds appro4 priated in 2006, in the manner provided herein: Provided 

5 further, That balances from amounts previously appro6 priated under the heading ‘‘State Wildlife Grants’’ shall be 

7 transferred to and merged with this appropriation and 

8 shall remain available until expended: Provided further, 

9 That up to 10 percent of the funds received by any State 

10 under this heading may be used for wildlife conservation 

11 education and outreach efforts that contribute significantly 

12 to the conservation of wildlife species or wildlife habitat. 

13 ADMINISTRATIVE PROVISIONS

14 Appropriations and funds available to the United 

15 States Fish and Wildlife Service shall be available for pur16 chase of not to exceed 157 passenger motor vehicles, of which 

17 142 are for replacement only (including 33 for police-type 

18 use); repair of damage to public roads within and adjacent 

19 to reservation areas caused by operations of the Service; op20 tions for the purchase of land at not to exceed $1 for each 

21 option; facilities incident to such public recreational uses 

22 on conservation areas as are consistent with their primary 

23 purpose; and the maintenance and improvement of aquaria, 

24 buildings, and other facilities under the jurisdiction of the 

25 Service and to which the United States has title, and which 
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1 are used pursuant to law in connection with management, 

2 and investigation of fish and wildlife resources: Provided, 

3 That notwithstanding 44 U.S.C. 501, the Service may, 

4 under cooperative cost sharing and partnership arrange5 ments authorized by law, procure printing services from co6 operators in connection with jointly produced publications 

7 for which the cooperators share at least one-half the cost 

8 of printing either in cash or services and the Service deter9 mines the cooperator is capable of meeting accepted quality 

10 standards: Provided further, That the Service may accept 

11 donated aircraft as replacements for existing aircraft: Pro12 vided further, That notwithstanding any other provision of 

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

14 the funds appropriated in this Act for the purchase of lands 

15 or interests in lands to be used in the establishment of any 

16 new unit of the National Wildlife Refuge System unless the 

17 purchase is approved in advance by the House and Senate 

18 Committees on Appropriations in compliance with the re19 programming procedures contained in Senate Report 105–

20 56. 

21 NATIONAL PARK SERVICE

22 OPERATION OF THE NATIONAL PARK SYSTEM

23 For expenses necessary for the management, operation, 

24 and maintenance of areas and facilities administered by 

25 the National Park Service (including special road mainte-
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1 nance service to trucking permittees on a reimbursable 

2 basis), and for the general administration of the National 

3 Park Service, $1,636,299,000, of which, in accordance with 

4 the cooperative agreement entered into between the National 

5 Park Service and the Oklahoma City National Memorial 

6 Trust and numbered 1443CA125002001, $600,000 may be 

7 available for activities of the National Park Service at the 

8 Oklahoma City National Memorial and $1,600,000 may be 

9 available to the Oklahoma City National Memorial Trust, 

10 of which $10,887,000 is for planning and interagency co11 ordination in support of Everglades restoration and shall 

12 remain available until expended; of which $96,480,000, to 

13 remain available until September 30, 2005, is for mainte14 nance, repair or rehabilitation projects for constructed as15 sets, operation of the National Park Service automated fa16 cility management software system, and comprehensive fa17 cility condition assessments; and of which $2,000,000 is for 

18 the Youth Conservation Corps for high priority projects: 

19 Provided further, That the only funds in this account which 

20 may be made available to support United States Park Po21 lice are those funds approved for emergency law and order 

22 incidents pursuant to established National Park Service 

23 procedures, those funds needed to maintain and repair 

24 United States Park Police administrative facilities, and 

25 those funds necessary to reimburse the United States Park 
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1 Police account for the unbudgeted overtime and travel costs 

2 associated with special events for an amount not to exceed 

3 $10,000 per event subject to the review and concurrence of 

4 the Washington headquarters office. 

5 UNITED STATES PARK POLICE

6 For expenses necessary to carry out the programs of 

7 the United States Park Police, $78,349,000. 

8 NATIONAL RECREATION AND PRESERVATION

9 For expenses necessary to carry out recreation pro10 grams, natural programs, cultural programs, heritage part11 nership programs, environmental compliance and review, 

12 international park affairs, statutory or contractual aid for 

13 other activities, and grant administration, not otherwise 

14 provided for, $60,154,000, of which $175,000 may be avail15 able for activities to commemorate the Louisiana Purchase 

16 at the Jean Lafitte National Historical Park and Preserve 

17 in the State of Louisiana. 

18 URBAN PARK AND RECREATION FUND

19 For expenses necessary to carry out the provisions of 

20 the Urban Park and Recreation Recovery Act of 1978 (16 

21 U.S.C. 2501 et seq.), $305,000, to remain available until 

22 expended. 

23 HISTORIC PRESERVATION FUND

24 For expenses necessary in carrying out the Historic 

25 Preservation Act of 1966, as amended (16 U.S.C. 470), and 
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1 the Omnibus Parks and Public Lands Management Act of 

2 1996 (Public Law 104–333), $75,750,000, to be derived 

3 from the Historic Preservation Fund, to remain available 

4 until September 30, 2005: Provided, That, of the amount 

5 provided herein, $500,000, to remain available until ex6 pended, is for a grant for the perpetual care and mainte7 nance of National Trust Historic Sites, as authorized under 

8 16 U.S.C. 470a(e)(2), to be made available in full upon 

9 signing of a grant agreement: Provided further, That, not10 withstanding any other provision of law, these funds shall 

11 be available for investment with the proceeds to be used for 

12 the same purpose as set out herein: Provided further, That 

13 of the total amount provided, $32,000,000 shall be for Save 

14 America’s Treasures for priority preservation projects, of 

15 nationally significant sites, structures, and artifacts: Pro16 vided further, That any individual Save America’s Treas17 ures grant shall be matched by non-Federal funds: Provided 

18 further, That individual projects shall only be eligible for 

19 one grant, and all projects to be funded shall be approved 

20 by the House and Senate Committees on Appropriations 

21 and the Secretary of the Interior in consultation with the 

22 President’s Committee on the Arts and Humanities prior 

23 to the commitment of grant funds: Provided further, That 

24 Save America’s Treasures funds allocated for Federal 
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1 projects, following approval, shall be available by transfer 

2 to appropriate accounts of individual agencies. 

3 CONSTRUCTION

4 For construction, improvements, repair or replacement 

5 of physical facilities, including the modifications authorized 

6 by section 104 of the Everglades National Park Protection 

7 and Expansion Act of 1989, $342,131,000, to remain avail8 able until expended, of which $300,000 for the L.Q.C. 

9 Lamar House National Historic Landmark and $375,000 

10 for the Sun Watch National Historic Landmark shall be 

11 derived from the Historic Preservation Fund pursuant to 

12 16 U.S.C. 470a and of which $600,000 shall be available 

13 for the planning and design of the Mesa Verde Cultural 

14 Center in the State of Colorado, and of which $50,000 shall 

15 be available for the construction of a statue of Harry S Tru16 man in Union Station in Kansas City, Missouri, and of 

17 which $4,289,000 shall be available for the construction of 

18 a security fence for the Jefferson National Expansion Me19 morial in the State of Missouri: Provided, That none of the 

20 funds in this or any other Act, may be used to pay the 

21 salaries and expenses of more than 160 Full Time Equiva22 lent personnel working for the National Park Service’s Den23 ver Service Center funded under the construction program 

24 management and operations activity: Provided further, 

25 That none of the funds provided in this or any other Act 
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1 may be used to pre-design, plan, or construct any new facil2 ity (including visitor centers, curatorial facilities, adminis3 trative buildings), for which appropriations have not been 

4 specifically provided if the net construction cost of such fa5 cility is in excess of $5,000,000, without prior approval of 

6 the House and Senate Committees on Appropriations: Pro7 vided further, That none of the funds provided in this or 

8 any other Act may be used for planning, design, or con9 struction of any underground security screening or visitor 

10 contact facility at the Washington Monument until such fa11 cility has been approved in writing by the House and Sen12 ate Committees on Appropriations: Provided further, That 

13 this restriction applies to all funds available to the National 

14 Park Service, including partnership and fee demonstration 

15 projects. 

16 LAND AND WATER CONSERVATION FUND

17 (RESCISSION)

18 The contract authority provided for fiscal year 2004 

19 by 16 U.S.C. 4601–10a is rescinded. 

20 LAND ACQUISITION AND STATE ASSISTANCE

21 For expenses necessary to carry out the Land and 

22 Water Conservation Act of 1965, as amended (16 U.S.C. 

23 460l–4 through 11), including administrative expenses, and 

24 for acquisition of lands or waters, or interest therein, in 

25 accordance with the statutory authority applicable to the 
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1 National Park Service, $158,473,000, to be derived from the 

2 Land and Water Conservation Fund and to remain avail3 able until expended, of which $104,000,000 is for the State 

4 assistance program including not to exceed $4,000,000 for 

5 the administration of this program: Provided, That none 

6 of the funds provided for the State assistance program may 

7 be used to establish a contingency fund. 

8 ADMINISTRATIVE PROVISIONS

9 Appropriations for the National Park Service shall be 

10 available for the purchase of not to exceed 249 passenger 

11 motor vehicles, of which 202 shall be for replacement only, 

12 including not to exceed 193 for police-type use, 10 buses, 

13 and 8 ambulances: Provided, That none of the funds appro14 priated to the National Park Service may be used to process 

15 any grant or contract documents which do not include the 

16 text of 18 U.S.C. 1913: Provided further, That none of the 

17 funds appropriated to the National Park Service may be 

18 used to implement an agreement for the redevelopment of 

19 the southern end of Ellis Island until such agreement has 

20 been submitted to the Congress and shall not be imple21 mented prior to the expiration of 30 calendar days (not 

22 including any day in which either House of Congress is 

23 not in session because of adjournment of more than 3 cal24 endar days to a day certain) from the receipt by the Speak25 er of the House of Representatives and the President of the 
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1 Senate of a full and comprehensive report on the develop2 ment of the southern end of Ellis Island, including the facts 

3 and circumstances relied upon in support of the proposed 

4 project: Provided further, That the National Park Service 

5 may make a grant of not to exceed $70,000 for the construc6 tion of a memorial in Cadillac, Michigan in honor of Kris 

7 Eggle. 

8 None of the funds in this Act may be spent by the Na9 tional Park Service for activities taken in direct response 

10 to the United Nations Biodiversity Convention. 

11 The National Park Service may distribute to operating 

12 units based on the safety record of each unit the costs of 

13 programs designed to improve workplace and employee safe14 ty, and to encourage employees receiving workers’ com15 pensation benefits pursuant to chapter 81 of title 5, United 

16 States Code, to return to appropriate positions for which 

17 they are medically able. 

18 Notwithstanding any other provision of law, in fiscal 

19 year 2004, with respect to the administration of the Na20 tional Park Service park pass program by the National 

21 Park Foundation, the Secretary may obligate to the Foun22 dation administrative funds expected to be received in that 

23 fiscal year before the revenues are collected, so long as total 

24 obligations in the administrative account do not exceed 
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1 total revenue collected and deposited in that account by the 

2 end of the fiscal year. 

3 UNITED STATES GEOLOGICAL SURVEY

4 SURVEYS, INVESTIGATIONS, AND RESEARCH

5 For expenses necessary for the United States Geological 

6 Survey to perform surveys, investigations, and research cov7 ering topography, geology, hydrology, biology, and the min8 eral and water resources of the United States, its territories 

9 and possessions, and other areas as authorized by 43 U.S.C. 

10 31, 1332, and 1340; classify lands as to their mineral and 

11 water resources; give engineering supervision to power per12 mittees and Federal Energy Regulatory Commission licens13 ees; administer the minerals exploration program (30 

14 U.S.C. 641); and publish and disseminate data relative to 

15 the foregoing activities; and to conduct inquiries into the 

16 economic conditions affecting mining and materials proc17 essing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 

18 98g(1)) and related purposes as authorized by law and to 

19 publish and disseminate data; $928,864,000, of which 

20 $64,630,000 shall be available only for cooperation with 

21 States or municipalities for water resources investigations; 

22 and of which $15,499,000 shall remain available until ex23 pended for conducting inquiries into the economic condi24 tions affecting mining and materials processing industries; 

25 and of which $250,000 may be available to improve seismic 
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1 monitoring and hazard assessment in the Jackson Hole-Yel2 lowstone area of Wyoming; and of which $8,000,000 shall 

3 remain available until expended for satellite operations; 

4 and of which $23,230,000 shall be available until September 

5 30, 2005, for the operation and maintenance of facilities 

6 and deferred maintenance; of which $169,580,000 shall be 

7 available until September 30, 2005, for the biological re8 search activity and the operation of the Cooperative Re9 search Units: Provided, That none of these funds provided 

10 for the biological research activity shall be used to conduct 

11 new surveys on private property, unless specifically author12 ized in writing by the property owner: Provided further, 

13 That no part of this appropriation shall be used to pay 

14 more than one-half the cost of topographic mapping or 

15 water resources data collection and investigations carried 

16 on in cooperation with States and municipalities. 

17 ADMINISTRATIVE PROVISIONS

18 The amount appropriated for the United States Geo19 logical Survey shall be available for the purchase of not to 

20 exceed 53 passenger motor vehicles, of which 48 are for re21 placement only; reimbursement to the General Services Ad22 ministration for security guard services; contracting for the 

23 furnishing of topographic maps and for the making of geo24 physical or other specialized surveys when it is administra25 tively determined that such procedures are in the public in-
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1 terest; construction and maintenance of necessary buildings 

2 and appurtenant facilities; acquisition of lands for gauging 

3 stations and observation wells; expenses of the United States 

4 National Committee on Geology; and payment of compensa5 tion and expenses of persons on the rolls of the Survey duly 

6 appointed to represent the United States in the negotiation 

7 and administration of interstate compacts: Provided, That 

8 activities funded by appropriations herein made may be ac9 complished through the use of contracts, grants, or coopera10 tive agreements as defined in 31 U.S.C. 6302 et seq. 

11 MINERALS MANAGEMENT SERVICE

12 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

13 For expenses necessary for minerals leasing and envi14 ronmental studies, regulation of industry operations, and 

15 collection of royalties, as authorized by law; for enforcing 

16 laws and regulations applicable to oil, gas, and other min17 erals leases, permits, licenses and operating contracts; and 

18 for matching grants or cooperative agreements; including 

19 the purchase of not to exceed eight passenger motor vehicles 

20 for replacement only, $166,016,000, of which $80,396,000 

21 shall be available for royalty management activities; and 

22 an amount not to exceed $100,230,000, to be credited to this 

23 appropriation and to remain available until expended, 

24 from additions to receipts resulting from increases to rates 

25 in effect on August 5, 1993, from rate increases to fee collec-
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1 tions for Outer Continental Shelf administrative activities 

2 performed by the Minerals Management Service (MMS) 

3 over and above the rates in effect on September 30, 1993, 

4 and from additional fees for Outer Continental Shelf ad5 ministrative activities established after September 30, 1993: 

6 Provided, That to the extent $100,230,000 in additions to 

7 receipts are not realized from the sources of receipts stated 

8 above, the amount needed to reach $100,230,000 shall be 

9 credited to this appropriation from receipts resulting from 

10 rental rates for Outer Continental Shelf leases in effect be11 fore August 5, 1993: Provided further, That $3,000,000 for 

12 computer acquisitions shall remain available until Sep13 tember 30, 2005: Provided further, That funds appropriated 

14 under this Act shall be available for the payment of interest 

15 in accordance with 30 U.S.C. 1721(b) and (d): Provided 

16 further, That not to exceed $3,000 shall be available for rea17 sonable expenses related to promoting volunteer beach and 

18 marine cleanup activities: Provided further, That notwith19 standing any other provision of law, $15,000 under this 

20 heading shall be available for refunds of overpayments in 

21 connection with certain Indian leases in which the Director 

22 of MMS concurred with the claimed refund due, to pay 

23 amounts owed to Indian allottees or tribes, or to correct 

24 prior unrecoverable erroneous payments: Provided further, 

25 That MMS may under the royalty-in-kind pilot program, 
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1 or under its authority to transfer oil to the Strategic Petro2 leum Reserve, use a portion of the revenues from royalty3 in-kind sales, without regard to fiscal year limitation, to 

4 pay for transportation to wholesale market centers or up5 stream pooling points, and to process or otherwise dispose 

6 of royalty production taken in kind, and to recover MMS 

7 transportation costs, salaries, and other administrative 

8 costs directly related to filling the Strategic Petroleum Re9 serve: Provided further, That MMS shall analyze and docu10 ment the expected return in advance of any royalty-in-kind 

11 sales to assure to the maximum extent practicable that roy12 alty income under the pilot program is equal to or greater 

13 than royalty income recognized under a comparable roy14 alty-in-value program. 

15 OIL SPILL RESEARCH

16 For necessary expenses to carry out title I, section 

17 1016, title IV, sections 4202 and 4303, title VII, and title 

18 VIII, section 8201 of the Oil Pollution Act of 1990, 

19 $7,105,000, which shall be derived from the Oil Spill Liabil20 ity Trust Fund, to remain available until expended. 

21 OFFICE OF SURFACE MINING RECLAMATION AND

22 ENFORCEMENT

23 REGULATION AND TECHNOLOGY

24 For necessary expenses to carry out the provisions of 

25 the Surface Mining Control and Reclamation Act of 1977, 
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1 Public Law 95–87, as amended, including the purchase of 

2 not to exceed 10 passenger motor vehicles, for replacement 

3 only; $106,424,000: Provided, That the Secretary of the In4 terior, pursuant to regulations, may use directly or through 

5 grants to States, moneys collected in fiscal year 2004 for 

6 civil penalties assessed under section 518 of the Surface 

7 Mining Control and Reclamation Act of 1977 (30 U.S.C. 

8 1268), to reclaim lands adversely affected by coal mining 

9 practices after August 3, 1977, to remain available until 

10 expended: Provided further, That appropriations for the Of11 fice of Surface Mining Reclamation and Enforcement may 

12 provide for the travel and per diem expenses of State and 

13 tribal personnel attending Office of Surface Mining Rec14 lamation and Enforcement sponsored training. 

15 ABANDONED MINE RECLAMATION FUND

16 For necessary expenses to carry out title IV of the Sur17 face Mining Control and Reclamation Act of 1977, Public 

18 Law 95–87, as amended, including the purchase of not more 

19 than 10 passenger motor vehicles for replacement only, 

20 $190,893,000, to be derived from receipts of the Abandoned 

21 Mine Reclamation Fund and to remain available until ex22 pended; of which up to $10,000,000, to be derived from the 

23 Federal Expenses Share of the Fund, shall be for supple24 mental grants to States for the reclamation of abandoned 

25 sites with acid mine rock drainage from coal mines, and 
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1 for associated activities, through the Appalachian Clean 

2 Streams Initiative: Provided, That grants to minimum pro3 gram States will be $1,500,000 per State in fiscal year 

4 2004: Provided further, That pursuant to Public Law 97–

5 365, the Department of the Interior is authorized to use up 

6 to 20 percent from the recovery of the delinquent debt owed 

7 to the United States Government to pay for contracts to 

8 collect these debts: Provided further, That funds made avail9 able under title IV of Public Law 95–87 may be used for 

10 any required non-Federal share of the cost of projects funded 

11 by the Federal Government for the purpose of environ12 mental restoration related to treatment or abatement of acid 

13 mine drainage from abandoned mines: Provided further, 

14 That such projects must be consistent with the purposes and 

15 priorities of the Surface Mining Control and Reclamation 

16 Act: Provided further, That the State of Maryland may set 

17 aside the greater of $1,000,000 or 10 percent of the total 

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

19 the Surface Mining Control and Reclamation Act of 1977, 

20 as amended (30 U.S.C. 1231 et seq.), if the amount set aside 

21 is deposited in an acid mine drainage abatement and treat22 ment fund established under a State law, pursuant to which 

23 law the amount (together with all interest earned on the 

24 amount) is expended by the State to undertake acid mine 

25 drainage abatement and treatment projects, except that be-
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1 fore any amounts greater than 10 percent of its title IV 

2 grants are deposited in an acid mine drainage abatement 

3 and treatment fund, the State of Maryland must first com4 plete all Surface Mining Control and Reclamation Act pri5 ority one projects. 

6 BUREAU OF INDIAN AFFAIRS

7 OPERATION OF INDIAN PROGRAMS

8 For expenses necessary for the operation of Indian pro9 grams, as authorized by law, including the Snyder Act of 

10 November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter11 mination and Education Assistance Act of 1975 (25 U.S.C. 

12 450 et seq.), as amended, the Education Amendments of 

13 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled 

14 Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 

15 $1,912,178,000, to remain available until September 30, 

16 2005 except as otherwise provided herein, of which not to 

17 exceed $87,925,000 shall be for welfare assistance payments 

18 and notwithstanding any other provision of law, including 

19 but not limited to the Indian Self-Determination Act of 

20 1975, as amended, not to exceed $135,315,000 shall be 

21 available for payments to tribes and tribal organizations 

22 for contract support costs associated with ongoing contracts, 

23 grants, compacts, or annual funding agreements entered 

24 into with the Bureau prior to or during fiscal year 2004, 

25 as authorized by such Act, except that tribes and tribal or-
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1 ganizations may use their tribal priority allocations for 

2 unmet indirect costs of ongoing contracts, grants, or com3 pacts, or annual funding agreements and for unmet welfare 

4 assistance costs; and of which not to exceed $458,524,000 

5 for school operations costs of Bureau-funded schools and 

6 other education programs shall become available on July 

7 1, 2004, and shall remain available until September 30, 

8 2005; and of which not to exceed $55,766,000 shall remain 

9 available until expended for housing improvement, road 

10 maintenance, attorney fees, litigation support, the Indian 

11 Self-Determination Fund, land records improvement, and 

12 the Navajo-Hopi Settlement Program: Provided, That not13 withstanding any other provision of law, including but not 

14 limited to the Indian Self-Determination Act of 1975, as 

15 amended, and 25 U.S.C. 2008, not to exceed $46,182,000 

16 within and only from such amounts made available for 

17 school operations shall be available to tribes and tribal or18 ganizations for administrative cost grants associated with 

19 ongoing grants entered into with the Bureau prior to or 

20 during fiscal year 2003 for the operation of Bureau-funded 

21 schools, and up to $3,000,000 within and only from such 

22 amounts made available for school operations shall be avail23 able for the transitional costs of initial administrative cost 

24 grants to tribes and tribal organizations that enter into 

25 grants for the operation on or after July 1, 2004 of Bureau-
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1 operated schools: Provided further, That any forestry funds 

2 allocated to a tribe which remain unobligated as of Sep3 tember 30, 2005, may be transferred during fiscal year 2006 

4 to an Indian forest land assistance account established for 

5 the benefit of such tribe within the tribe’s trust fund ac6 count: Provided further, That any such unobligated bal7 ances not so transferred shall expire on September 30, 2006: 

8 Provided further, That $48,115,000 shall be for operating 

9 grants for Tribally Controlled Community Colleges, and 

10 $34,710,000 shall be for Information Resources Technology. 

11 CONSTRUCTION

12 For construction, repair, improvement, and mainte13 nance of irrigation and power systems, buildings, utilities, 

14 and other facilities, including architectural and engineering 

15 services by contract; acquisition of lands, and interests in 

16 lands; and preparation of lands for farming, and for con17 struction of the Navajo Indian Irrigation Project pursuant 

18 to Public Law 87–483, $351,154,000, to remain available 

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

20 available for the construction of the Navajo Indian Irriga21 tion Project may be transferred to the Bureau of Reclama22 tion: Provided further, That not to exceed 6 percent of con23 tract authority available to the Bureau of Indian Affairs 

24 from the Federal Highway Trust Fund may be used to cover 

25 the road program management costs of the Bureau: Pro-
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1 vided further, That any funds provided for the Safety of 

2 Dams program pursuant to 25 U.S.C. 13 shall be made 

3 available on a nonreimbursable basis: Provided further, 

4 That for fiscal year 2004, in implementing new construc5 tion or facilities improvement and repair project grants in 

6 excess of $100,000 that are provided to tribally controlled 

7 grant schools under Public Law 100–297, as amended, the 

8 Secretary of the Interior shall use the Administrative and 

9 Audit Requirements and Cost Principles for Assistance Pro10 grams contained in 43 CFR part 12 as the regulatory re11 quirements: Provided further, That such grants shall not 

12 be subject to section 12.61 of 43 CFR; the Secretary and 

13 the grantee shall negotiate and determine a schedule of pay14 ments for the work to be performed: Provided further, That 

15 in considering applications, the Secretary shall consider 

16 whether the Indian tribe or tribal organization would be 

17 deficient in assuring that the construction projects conform 

18 to applicable building standards and codes and Federal, 

19 tribal, or State health and safety standards as required by 

20 25 U.S.C. 2005(a), with respect to organizational and fi21 nancial management capabilities: Provided further, That if 

22 the Secretary declines an application, the Secretary shall 

23 follow the requirements contained in 25 U.S.C. 2505(f): 

24 Provided further, That any disputes between the Secretary 
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1 and any grantee concerning a grant shall be subject to the 

2 disputes provision in 25 U.S.C. 2508(e). 

3 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

4 MISCELLANEOUS PAYMENTS TO INDIANS

5 For miscellaneous payments to Indian tribes and indi6 viduals and for necessary administrative expenses, 

7 $50,583,000, to remain available until expended; of which 

8 $31,766,000 shall be available for implementation of en9 acted Indian land and water claim settlements pursuant 

10 to Public Laws 101–618, 107–331, and 102–575, and for 

11 implementation of other enacted water rights settlements; 

12 and of which $18,817,000 shall be available pursuant to 

13 Public Laws 99–264, 100–580, 106–425, and 106–554. 

14 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

15 For the cost of guaranteed and insured loans, 

16 $5,797,000, as authorized by the Indian Financing Act of 

17 1974, as amended: Provided, That such costs, including the 

18 cost of modifying such loans, shall be as defined in section 

19 502 of the Congressional Budget Act of 1974: Provided fur20 ther, That these funds are available to subsidize total loan 

21 principal, any part of which is to be guaranteed, not to 

22 exceed $94,568,000. 

23 In addition, for administrative expenses to carry out 

24 the guaranteed and insured loan programs, $700,000. 
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1 ADMINISTRATIVE PROVISIONS

2 The Bureau of Indian Affairs may carry out the oper3 ation of Indian programs by direct expenditure, contracts, 

4 cooperative agreements, compacts and grants, either di5 rectly or in cooperation with States and other organiza6 tions. 

7 Notwithstanding 25 U.S.C. 15, the Bureau of Indian 

8 Affairs may contract for services in support of the manage9 ment, operation, and maintenance of the Power Division 

10 of the San Carlos Irrigation Project. 

11 Appropriations for the Bureau of Indian Affairs (ex12 cept the revolving fund for loans, the Indian loan guarantee 

13 and insurance fund, and the Indian Guaranteed Loan Pro14 gram account) shall be available for expenses of exhibits, 

15 and purchase of not to exceed 229 passenger motor vehicles, 

16 of which not to exceed 187 shall be for replacement only. 

17 Notwithstanding any other provision of law, no funds 

18 available to the Bureau of Indian Affairs for central office 

19 operations or pooled overhead general administration (ex20 cept facilities operations and maintenance) shall be avail21 able for tribal contracts, grants, compacts, or cooperative 

22 agreements with the Bureau of Indian Affairs under the 

23 provisions of the Indian Self-Determination Act or the 

24 Tribal Self-Governance Act of 1994 (Public Law 103–413). 
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1 In the event any tribe returns appropriations made 

2 available by this Act to the Bureau of Indian Affairs for 

3 distribution to other tribes, this action shall not diminish 

4 the Federal Government’s trust responsibility to that tribe, 

5 or the government-to-government relationship between the 

6 United States and that tribe, or that tribe’s ability to access 

7 future appropriations. 

8 Notwithstanding any other provision of law, no funds 

9 available to the Bureau, other than the amounts provided 

10 herein for assistance to public schools under 25 U.S.C. 452 

11 et seq., shall be available to support the operation of any 

12 elementary or secondary school in the State of Alaska. 

13 Appropriations made available in this or any other 

14 Act for schools funded by the Bureau shall be available only 

15 to the schools in the Bureau school system as of September 

16 1, 1996. No funds available to the Bureau shall be used to 

17 support expanded grades for any school or dormitory be18 yond the grade structure in place or approved by the Sec19 retary of the Interior at each school in the Bureau school 

20 system as of October 1, 1995. Funds made available under 

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

22 a Bureau-funded school (as that term is defined in section 

23 1146 of the Education Amendments of 1978 (25 U.S.C. 

24 2026)), except that a charter school that is in existence on 

25 the date of the enactment of this Act and that has operated 
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1 at a Bureau-funded school before September 1, 1999, may 

2 continue to operate during that period, but only if the char3 ter school pays to the Bureau a pro rata share of funds 

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

5 property (including buses and vans), the funds of the char6 ter school are kept separate and apart from Bureau funds, 

7 and the Bureau does not assume any obligation for charter 

8 school programs of the State in which the school is located 

9 if the charter school loses such funding. Employees of Bu10 reau-funded schools sharing a campus with a charter school 

11 and performing functions related to the charter school’s op12 eration and employees of a charter school shall not be treat13 ed as Federal employees for purposes of chapter 171 of title 

14 28, United States Code. 

15 DEPARTMENTAL OFFICES

16 INSULAR AFFAIRS

17 ASSISTANCE TO TERRITORIES

18 For expenses necessary for assistance to territories 

19 under the jurisdiction of the Department of the Interior, 

20 $71,343,000, of which: (1) $65,022,000 shall be available 

21 until expended for technical assistance, including mainte22 nance assistance, disaster assistance, insular management 

23 controls, coral reef initiative activities, and brown tree 

24 snake control and research; grants to the judiciary in Amer25 ican Samoa for compensation and expenses, as authorized 
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1 by law (48 U.S.C. 1661(c)); grants to the Government of 

2 American Samoa, in addition to current local revenues, for 

3 construction and support of governmental functions; grants 

4 to the Government of the Virgin Islands as authorized by 

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

6 law; and grants to the Government of the Northern Mariana 

7 Islands as authorized by law (Public Law 94–241; 90 Stat. 

8 272); and (2) $6,321,000 shall be available for salaries and 

9 expenses of the Office of Insular Affairs: Provided, That all 

10 financial transactions of the territorial and local govern11 ments herein provided for, including such transactions of 

12 all agencies or instrumentalities established or used by such 

13 governments, may be audited by the General Accounting Of14 fice, at its discretion, in accordance with chapter 35 of title 

15 31, United States Code: Provided further, That Northern 

16 Mariana Islands Covenant grant funding shall be provided 

17 according to those terms of the Agreement of the Special 

18 Representatives on Future United States Financial Assist19 ance for the Northern Mariana Islands approved by Public 

20 Law 104–134: Provided further, That of the amounts pro21 vided for technical assistance, sufficient funding shall be 

22 made available for a grant to the Close Up Foundation: 

23 Provided further, That the funds for the program of oper24 ations and maintenance improvement are appropriated to 

25 institutionalize routine operations and maintenance im-
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1 provement of capital infrastructure with territorial partici2 pation and cost sharing to be determined by the Secretary 

3 based on the grantee’s commitment to timely maintenance 

4 of its capital assets: Provided further, That any appropria5 tion for disaster assistance under this heading in this Act 

6 or previous appropriations Acts may be used as non-Fed7 eral matching funds for the purpose of hazard mitigation 

8 grants provided pursuant to section 404 of the Robert T. 

9 Stafford Disaster Relief and Emergency Assistance Act (42 

10 U.S.C. 5170c). 

11 COMPACT OF FREE ASSOCIATION

12 For grants and necessary expenses, $6,125,000, as pro13 vided for in sections 221(a)(2), 221(b), and 233 of the Com14 pact of Free Association for the Republic of Palau, section 

15 103(h)(2) of the Compact of Free Association Act of 1985, 

16 and section 221(a)(2) of the Amended Compacts of Free As17 sociation for the Federated States of Micronesia and the Re18 public of the Marshall Islands, to remain available until 

19 expended. 

20 For grants and necessary expenses as provided for in 

21 sections 211, 212, 213, and 218 of the Amended Compact 

22 of Free Association for the Republic of the Marshall Islands 

23 and as provided for in sections 211, 212, and 217 of the 

24 Amended Compact of Free Association for the Federated 

25 States of Micronesia, all sums that are or may be required 
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1 in this and subsequent years are appropriated, to remain 

2 available until expended, and shall be drawn from the 

3 Treasury, to become available for obligation only upon en4 actment of proposed legislation to approve the amended 

5 Compacts of Free Association as identified in the Presi6 dent’s fiscal year 2004 budget. 

7 For grants and necessary expenses, $15,000,000, for 

8 impact of the Compacts on certain U.S. areas in this and 

9 subsequent years are appropriated, to remain available 

10 until expended, and shall be drawn from the Treasury, to 

11 become available for obligation only upon enactment of pro12 posed legislation to approve the amended Compacts of Free 

13 Association as identified in the President’s fiscal year 2004 

14 budget: Provided, That for purposes of assistance as pro15 vided pursuant to this appropriation, the effective dates of 

16 the amended Compacts of Free Association shall be October 

17 1, 2003. 

18 DEPARTMENTAL MANAGEMENT

19 SALARIES AND EXPENSES

20 For necessary expenses for management of the Depart21 ment of the Interior, $78,433,000, of which not to exceed 

22 $8,500 may be for official reception and representation ex23 penses, and of which up to $1,000,000 shall be available 

24 for workers compensation payments and unemployment 

25 compensation payments associated with the orderly closure 
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1 of the United States Bureau of Mines: Provided, That of 

2 this amount, sufficient funds may be available for the Sec3 retary of the Interior, not later than 60 days after the last 

4 day of the fiscal year, to submit to Congress a report on 

5 the amount of acquisitions made by the Department of the 

6 Interior during such fiscal year of articles, materials, or 

7 supplies that were manufactured outside the United States. 

8 Such report shall separately indicate the dollar value of any 

9 articles, materials, or supplies purchased by the Depart10 ment of the Interior that were manufactured outside the 

11 United States, an itemized list of all waivers under the Buy 

12 American Act (41 U.S.C. 10a et seq.) that were granted 

13 with respect to such articles, materials, or supplies, and a 

14 summary of total procurement funds spent on goods manu15 factured in the United States versus funds spent on goods 

16 manufactured outside of the United States. The Secretary 

17 of the Interior shall make the report publicly available by 

18 posting the report on an Internet website. 

19 Of the unobligated balances in the Special Foreign 

20 Currency account, $1,400,000 are hereby canceled. 

21 WORKING CAPITAL FUND

22 For the acquisition of a departmental financial and 

23 business management system, $11,700,000, to remain avail24 able until expended: Provided, That from unobligated bal25 ances under this heading, $11,700,000 are hereby canceled. 
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1 PAYMENTS IN LIEU OF TAXES

2 For expenses necessary to implement the Act of October 

3 20, 1976, as amended (31 U.S.C. 6901–6907), 

4 $230,000,000, of which not to exceed $400,000 shall be 

5 available for administrative expenses: Provided, That no 

6 payment shall be made to otherwise eligible units of local 

7 government if the computed amount of the payment is less 

8 than $100. 

9 OFFICE OF THE SOLICITOR

10 SALARIES AND EXPENSES

11 For necessary expenses of the Office of the Solicitor, 

12 $50,179,000. 

13 OFFICE OF INSPECTOR GENERAL

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of Inspector Gen16 eral, $37,474,000, of which $3,812,000 shall be for procure17 ment by contract of independent auditing services to audit 

18 the consolidated Department of the Interior annual finan19 cial statement and the annual financial statement of the 

20 Department of the Interior bureaus and offices funded in 

21 this Act. 

22 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

23 FEDERAL TRUST PROGRAMS

24 For operation of trust programs for Indians by direct 

25 expenditure, contracts, cooperative agreements, compacts, 
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1 and grants, $219,641,000, of which $75,000,000 shall be 

2 available for historical accounting, to remain available 

3 until expended: Provided, That funds for trust management 

4 improvements and litigation support may, as needed, be 

5 transferred to or merged with the Bureau of Indian Affairs, 

6 ‘‘Operation of Indian Programs’’ account; the Office of the 

7 Solicitor, ‘‘Salaries and Expenses’’ account; and the De8 partmental Management, ‘‘Salaries and Expenses’’ account: 

9 Provided further, That funds made available to Tribes and 

10 Tribal organizations through contracts or grants obligated 

11 during fiscal year 2004, as authorized by the Indian Self12 Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 

13 remain available until expended by the contractor or grant14 ee: Provided further, That notwithstanding any other provi15 sion of law, the statute of limitations shall not commence 

16 to run on any claim, including any claim in litigation 

17 pending on the date of the enactment of this Act, concerning 

18 losses to or mismanagement of trust funds, until the affected 

19 tribe or individual Indian has been furnished with an ac20 counting of such funds from which the beneficiary can de21 termine whether there has been a loss: Provided further, 

22 That notwithstanding any other provision of law, the Sec23 retary shall not be required to provide a quarterly statement 

24 of performance for any Indian trust account that has not 

25 had activity for at least 18 months and has a balance of 
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1 $1.00 or less: Provided further, That the Secretary shall 

2 issue an annual account statement and maintain a record 

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

4 such account to be withdrawn upon the express written re5 quest of the account holder: Provided further, That not to 

6 exceed $50,000 is available for the Secretary to make pay7 ments to correct administrative errors of either disburse8 ments from or deposits to Individual Indian Money or 

9 Tribal accounts after September 30, 2002: Provided further, 

10 That erroneous payments that are recovered shall be cred11 ited to and remain available in this account for this pur12 pose. 

13 INDIAN LAND CONSOLIDATION

14 For consolidation of fractional interests in Indian 

15 lands and expenses associated with redetermining and re16 distributing escheated interests in allotted lands, and for 

17 necessary expenses to carry out the Indian Land Consolida18 tion Act of 1983, as amended, by direct expenditure or coop19 erative agreement, $22,980,000, to remain available until 

20 expended. 

21 NATURAL RESOURCE DAMAGE ASSESSMENT AND

22 RESTORATION

23 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

24 To conduct natural resource damage assessment and 

25 restoration activities by the Department of the Interior nec-
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1 essary to carry out the provisions of the Comprehensive En2 vironmental Response, Compensation, and Liability Act, as 

3 amended (42 U.S.C. 9601 et seq.), Federal Water Pollution 

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

5 Pollution Act of 1990 (Public Law 101–380) (33 U.S.C. 

6 2701 et seq.), and Public Law 101–337, as amended (16 

7 U.S.C. 19jj et seq.), $5,633,000, to remain available until 

8 expended. 

9 ADMINISTRATIVE PROVISIONS

10 There is hereby authorized for acquisition from avail11 able resources within the Working Capital Fund, 15 air12 craft, 10 of which shall be for replacement and which may 

13 be obtained by donation, purchase or through available ex14 cess surplus property: Provided, That existing aircraft 

15 being replaced may be sold, with proceeds derived or trade16 in value used to offset the purchase price for the replacement 

17 aircraft: Provided further, That no programs funded with 

18 appropriated funds in the ‘‘Departmental Management’’, 

19 ‘‘Office of the Solicitor’’, and ‘‘Office of Inspector General’’ 

20 may be augmented through the Working Capital Fund. 

21 GENERAL PROVISIONS, DEPARTMENT OF THE 

22 INTERIOR 

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

24 available for expenditure or transfer (within each bureau 

25 or office), with the approval of the Secretary, for the emer-
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1 gency reconstruction, replacement, or repair of aircraft, 

2 buildings, utilities, or other facilities or equipment dam3 aged or destroyed by fire, flood, storm, or other unavoidable 

4 causes: Provided, That no funds shall be made available 

5 under this authority until funds specifically made available 

6 to the Department of the Interior for emergencies shall have 

7 been exhausted: Provided further, That all funds used pur8 suant to this section are hereby designated by Congress to 

9 be ‘‘emergency requirements’’ pursuant to section 502 of H. 

10 Con. Res. 95, the concurrent resolution on the budget for 

11 fiscal year 2004, and must be replenished by a supple12 mental appropriation which must be requested as promptly 

13 as possible. 

14 SEC. 102. The Secretary may authorize the expendi15 ture or transfer of any no year appropriation in this title, 

16 in addition to the amounts included in the budget programs 

17 of the several agencies, for the suppression or emergency 

18 prevention of wildland fires on or threatening lands under 

19 the jurisdiction of the Department of the Interior; for the 

20 emergency rehabilitation of burned-over lands under its ju21 risdiction; for emergency actions related to potential or ac22 tual earthquakes, floods, volcanoes, storms, or other un23 avoidable causes; for contingency planning subsequent to 

24 actual oil spills; for response and natural resource damage 

25 assessment activities related to actual oil spills; for the pre-
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1 vention, suppression, and control of actual or potential 

2 grasshopper and Mormon cricket outbreaks on lands under 

3 the jurisdiction of the Secretary, pursuant to the authority 

4 in section 1773(b) of Public Law 99–198 (99 Stat. 1658); 

5 for emergency reclamation projects under section 410 of 

6 Public Law 95–87; and shall transfer, from any no year 

7 funds available to the Office of Surface Mining Reclamation 

8 and Enforcement, such funds as may be necessary to permit 

9 assumption of regulatory authority in the event a primacy 

10 State is not carrying out the regulatory provisions of the 

11 Surface Mining Act: Provided, That appropriations made 

12 in this title for wildland fire operations shall be available 

13 for the payment of obligations incurred during the pre14 ceding fiscal year, and for reimbursement to other Federal 

15 agencies for destruction of vehicles, aircraft, or other equip16 ment in connection with their use for wildland fire oper17 ations, such reimbursement to be credited to appropriations 

18 currently available at the time of receipt thereof: Provided 

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

20 be made available under this authority until the Secretary 

21 determines that funds appropriated for ‘‘wildland fire oper22 ations’’ shall be exhausted within 30 days: Provided further, 

23 That all funds used pursuant to this section are hereby des24 ignated by Congress to be ‘‘emergency requirements’’ pursu25 ant to section 502 of H. Con. Res. 95, the concurrent resolu-
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1 tion on the budget for fiscal year 2004, and must be replen2 ished by a supplemental appropriation which must be re3 quested as promptly as possible: Provided further, That such 

4 replenishment funds shall be used to reimburse, on a pro 

5 rata basis, accounts from which emergency funds were 

6 transferred. 

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

8 available for operation of warehouses, garages, shops, and 

9 similar facilities, wherever consolidation of activities will 

10 contribute to efficiency or economy, and said appropria11 tions shall be reimbursed for services rendered to any other 

12 activity in the same manner as authorized by sections 1535 

13 and 1536 of title 31, United States Code: Provided, That 

14 reimbursements for costs and supplies, materials, equip15 ment, and for services rendered may be credited to the ap16 propriation current at the time such reimbursements are 

17 received. 

18 SEC. 104. Appropriations made to the Department of 

19 the Interior in this title shall be available for services as 

20 authorized by 5 U.S.C. 3109, when authorized by the Sec21 retary, in total amount not to exceed $500,000; hire, main22 tenance, and operation of aircraft; hire of passenger motor 

23 vehicles; purchase of reprints; payment for telephone service 

24 in private residences in the field, when authorized under 

25 regulations approved by the Secretary; and the payment of 
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1 dues, when authorized by the Secretary, for library member2 ship in societies or associations which issue publications to 

3 members only or at a price to members lower than to sub4 scribers who are not members. 

5 SEC. 105. Appropriations available to the Department 

6 of the Interior for salaries and expenses shall be available 

7 for uniforms or allowances therefor, as authorized by law 

8 (5 U.S.C. 5901–5902 and D.C. Code 4–204). 

9 SEC. 106. Annual appropriations made in this title 

10 shall be available for obligation in connection with con11 tracts issued for services or rentals for periods not in excess 

12 of 12 months beginning at any time during the fiscal year. 

13 SEC. 107. No funds provided in this title may be ex14 pended by the Department of the Interior for the conduct 

15 of offshore preleasing, leasing and related activities placed 

16 under restriction in the President’s moratorium statement 

17 of June 12, 1998, in the areas of northern, central, and 

18 southern California; the North Atlantic; Washington and 

19 Oregon; and the eastern Gulf of Mexico south of 26 degrees 

20 north latitude and east of 86 degrees west longitude. 

21 SEC. 108. No funds provided in this title may be ex22 pended by the Department of the Interior to conduct offshore 

23 oil and natural gas preleasing, leasing and related activi24 ties in the eastern Gulf of Mexico planning area for any 

25 lands located outside Sale 181, as identified in the final 
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1 Outer Continental Shelf 5-Year Oil and Gas Leasing Pro2 gram, 1997–2002. 

3 SEC. 109. No funds provided in this title may be ex4 pended by the Department of the Interior to conduct oil and 

5 natural gas preleasing, leasing and related activities in the 

6 Mid-Atlantic and South Atlantic planning areas. 

7 SEC. 110. Notwithstanding any other provisions of 

8 law, the National Park Service shall not develop or imple9 ment a reduced entrance fee program to accommodate non10 local travel through a unit. The Secretary may provide for 

11 and regulate local non-recreational passage through units 

12 of the National Park System, allowing each unit to develop 

13 guidelines and permits for such activity appropriate to that 

14 unit. 

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

16 Indian tribes, tribal organizations, and tribal consortia 

17 pursuant to the Indian Self-Determination and Education 

18 Assistance Act (25 U.S.C. 450 et seq.) or the Tribally Con19 trolled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may 

20 be invested by the Indian tribe, tribal organization, or con21 sortium before such funds are expended for the purposes of 

22 the grant, compact, or annual funding agreement so long 

23 as such funds are—

24 (1) invested by the Indian tribe, tribal organiza25 tion, or consortium only in obligations of the United 
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1 States, or in obligations or securities that are guaran2 teed or insured by the United States, or mutual (or 

3 other) funds registered with the Securities and Ex4 change Commission and which only invest in obliga5 tions of the United States or securities that are guar6 anteed or insured by the United States; or 

7 (2) deposited only into accounts that are insured 

8 by an agency or instrumentality of the United States, 

9 or are fully collateralized to ensure protection of the 

10 funds, even in the event of a bank failure. 

11 SEC. 112. Appropriations made in this Act under the 

12 headings Bureau of Indian Affairs and Office of Special 

13 Trustee for American Indians and any available unobli14 gated balances from prior appropriations Acts made under 

15 the same headings, shall be available for expenditure or 

16 transfer for Indian trust management and reform activities. 

17 SEC. 113. Notwithstanding any other provision of law, 

18 for the purpose of reducing the backlog of Indian probate 

19 cases in the Department of the Interior, the hearing require20 ments of chapter 10 of title 25, United States Code, are 

21 deemed satisfied by a proceeding conducted by an Indian 

22 probate judge, appointed by the Secretary without regard 

23 to the provisions of title 5, United States Code, governing 

24 the appointments in the competitive service, for such period 

25 of time as the Secretary determines necessary: Provided, 
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1 That the basic pay of an Indian probate judge so appointed 

2 may be fixed by the Secretary without regard to the provi3 sions of chapter 51, and subchapter III of chapter 53 of 

4 title 5, United States Code, governing the classification and 

5 pay of General Schedule employees, except that no such In6 dian probate judge may be paid at a level which exceeds 

7 the maximum rate payable for the highest grade of the Gen8 eral Schedule, including locality pay. 

9 SEC. 114. Notwithstanding any other provision of law, 

10 the Secretary of the Interior is authorized to redistribute 

11 any Tribal Priority Allocation funds, including tribal base 

12 funds, to alleviate tribal funding inequities by transferring 

13 funds to address identified, unmet needs, dual enrollment, 

14 overlapping service areas or inaccurate distribution meth15 odologies. No tribe shall receive a reduction in Tribal Pri16 ority Allocation funds of more than 10 percent in fiscal 

17 year 2004. Under circumstances of dual enrollment, over18 lapping service areas or inaccurate distribution methodolo19 gies, the 10 percent limitation does not apply. 

20 SEC. 115. Funds appropriated for the Bureau of In21 dian Affairs for postsecondary schools for fiscal year 2004 

22 shall be allocated among the schools proportionate to the 

23 unmet need of the schools as determined by the Postsec24 ondary Funding Formula adopted by the Office of Indian 

25 Education Programs. 
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1 SEC. 116. (a) The Secretary of the Interior shall here2 after take such action as may be necessary to ensure that 

3 the lands comprising the Huron Cemetery in Kansas City, 

4 Kansas (as described in section 123 of Public Law 106–

5 291) are used only in accordance with this section. 

6 (b) The lands of the Huron Cemetery shall be used 

7 only: (1) for religious and cultural uses that are compatible 

8 with the use of the lands as a cemetery; and (2) as a burial 

9 ground. 

10 SEC. 117. Notwithstanding any other provision of law, 

11 in conveying the Twin Cities Research Center under the au12 thority provided by Public Law 104–134, as amended by 

13 Public Law 104–208, the Secretary may accept and retain 

14 land and other forms of reimbursement: Provided, That the 

15 Secretary may retain and use any such reimbursement 

16 until expended and without further appropriation: (1) for 

17 the benefit of the National Wildlife Refuge System within 

18 the State of Minnesota; and (2) for all activities authorized 

19 by Public Law 100–696; 16 U.S.C. 460zz. 

20 SEC. 118. Notwithstanding other provisions of law, the 

21 National Park Service may authorize, through cooperative 

22 agreement, the Golden Gate National Parks Association to 

23 provide fee-based education, interpretive and visitor service 

24 functions within the Crissy Field and Fort Point areas of 

25 the Presidio. 
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1 SEC. 119. Notwithstanding 31 U.S.C. 3302(b), sums 

2 received by the Bureau of Land Management for the sale 

3 of seeds or seedlings including those collected in fiscal year 

4 2003, may be credited to the appropriation from which 

5 funds were expended to acquire or grow the seeds or seed6 lings and are available without fiscal year limitation. 

7 SEC. 120. Subject to the terms and conditions of sec8 tion 126 of the Department of the Interior and Related 

9 Agencies Act, 2002, the Administrator of General Services 

10 shall sell all right, title, and interest of the United States 

11 in and to the improvements and equipment of the White 

12 River Oil Shale Mine. 

13 SEC. 121. The Secretary of the Interior may use or 

14 contract for the use of helicopters or motor vehicles on the 

15 Sheldon and Hart National Wildlife Refuges for the purpose 

16 of capturing and transporting horses and burros. The provi17 sions of subsection (a) of the Act of September 8, 1959 (18 

18 U.S.C. 47(a)) shall not be applicable to such use. Such use 

19 shall be in accordance with humane procedures prescribed 

20 by the Secretary. 

21 SEC. 122. Of the funds made available under the head22 ing ‘‘Bureau of Land Management, Land Acquisition’’ in 

23 title I of the Department of the Interior and Related Agen24 cies Appropriation Act, 2002 (115 Stat. 420), the Secretary 

25 of the Interior shall grant $500,000 to the City of St. 
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1 George, Utah, for the purchase of the land as provided in 

2 the Virgin River Dinosaur Footprint Preserve Act (116 

3 Stat. 2896), with any surplus funds available after the pur4 chase to be available for the purpose of the preservation of 

5 the land and the paleontological resources on the land. 

6 SEC. 123. Funds provided in this Act for Federal land 

7 acquisition by the National Park Service for the Ice Age 

8 National Scenic Trail may be used for a grant to a State, 

9 a local government, or any other governmental land man10 agement entity for the acquisition of lands without regard 

11 to any restriction on the use of Federal land acquisition 

12 funds provided through the Land and Water Conservation 

13 Fund Act of 1965 as amended. 

14 SEC. 124. None of the funds made available by this 

15 Act may be obligated or expended by the National Park 

16 Service to enter into or implement a concession contract 

17 which permits or requires the removal of the underground 

18 lunchroom at the Carlsbad Caverns National Park. 

19 SEC. 125. The Secretary of the Interior may use discre20 tionary funds to pay private attorneys fees and costs for 

21 employees and former employees of the Department of the 

22 Interior reasonably incurred in connection with Cobell v. 

23 Norton to the extent that such fees and costs are not paid 

24 by the Department of Justice or by private insurance. In 

25 no case shall the Secretary make payments under this sec-
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1 tion that would result in payment of hourly fees in excess 

2 of the highest hourly rate approved by the District Court 

3 for the District of Columbia for counsel in Cobell v. Norton. 

4 SEC. 126. The United States Fish and Wildlife Service 

5 shall, in carrying out its responsibilities to protect threat6 ened and endangered species of salmon, implement a system 

7 of mass marking of salmonid stocks, intended for harvest, 

8 that are released from Federally operated or Federally fi9 nanced hatcheries including but not limited to fish releases 

10 of coho, chinook, and steelhead species. Marked fish must 

11 have a visible mark that can be readily identified by com12 mercial and recreational fishers. 

13 SEC. 127. Section 134 of Public Law 107–63 (115 

14 Stat. 442–443) is amended by striking the proviso thereto 

15 and inserting the following: ‘‘Provided, That nothing in this 

16 section affects the decision of the United States Court of 

17 Appeals for the 10th Circuit in Sac and Fox Nation v. Nor18 ton, 240 F.3d 1250 (2001): Provided further, That nothing 

19 in this section permits the conduct of gaming under the In20 dian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on 

21 land described in section 123 of Public Law 106–291 (114 

22 Stat. 944–945), or land that is contiguous to that land, re23 gardless of whether the land or contiguous land has been 

24 taken into trust by the Secretary of the Interior.’’. 
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1 SEC. 128. No funds appropriated for the Department 

2 of the Interior by this Act or any other Act shall be used 

3 to study or implement any plan to drain Lake Powell or 

4 to reduce the water level of the lake below the range of water 

5 levels required for the operation of the Glen Canyon Dam. 

6 SEC. 129. Notwithstanding the limitation in subpara7 graph (2)(B) of section 18(a) of the Indian Gaming Regu8 latory Act (25 U.S.C. 2717(a)), the total amount of all fees 

9 imposed by the National Indian Gaming Commission for 

10 fiscal year 2005 shall not exceed $12,000,000. 

11 SEC. 130. None of the funds in this Act may be used 

12 to fund Cooperative Ecosystem Studies Units in the State 

13 of Alaska. 

14 SEC. 131. The State of Utah’s contribution require15 ment pursuant to Public Law 105–363 shall be deemed to 

16 have been satisfied and within thirty days of enactment of 

17 this Act, the Secretary of the Interior shall transfer to the 

18 State of Utah all right, title, and interest of the United 

19 States in and to the Wilcox Ranch lands acquired under 

20 section 2(b) of Public Law 105–363, for management by 

21 the Utah Division of Wildlife Resources for wildlife habitat 

22 and public access. 

23 SEC. 132. Upon enactment of this Act, the Congaree 

24 Swamp National Monument shall be designated the Con25 garee National Park. 
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1 SEC. 133. The Secretary shall have no more than one 

2 hundred and eighty days from October 1, 2003, to prepare 

3 and submit to the Congress, in a manner otherwise con4 sistent with the Indian Tribal Judgment Funds Use or Dis5 tribution Act (25 U.S.C. 1401 et seq.), plans for the use 

6 and distribution of the Mescalero Apache Tribe’s Judgment 

7 Funds from Docket 92–403L, the Pueblo of Isleta’s Judg8 ment Funds from Docket 98–166L, and the Assiniboine and 

9 Sioux Tribes of the Fort Peck Reservation’s Judgment 

10 Funds in Docket No. 773–87–L of the United States Court 

11 of Federal Claims; each plan shall become effective upon 

12 the expiration of a sixty day period beginning on the day 

13 each plan is submitted to the Congress. 

14 SEC. 134. Notwithstanding any implementation of the 

15 Department of the Interior’s trust reorganization plan 

16 within fiscal years 2003 or 2004, funds appropriated for 

17 fiscal year 2004 shall be available to the tribes within the 

18 California Tribal Trust Reform Consortium and to the Salt 

19 River Pima Maricopa Indian Community, the Confed20 erated Salish-Kootenai Tribes of the Flathead Reservation 

21 and the Chippewa Cree Tribe of the Rocky Boys Reservation 

22 and the Bureau of Indian Affairs Regional offices that serve 

23 them, on the same basis as funds were distributed in fiscal 

24 year 2003. The Demonstration Project shall operate sepa25 rate and apart from the Department of the Interior’s trust 
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1 reform reorganization, and the Department shall not im2 pose its trust management infrastructure upon or alter the 

3 existing trust resource management systems of the Cali4 fornia Trust Reform Consortium and any other partici5 pating tribe having a self-governance compact and oper6 ating in accordance with the Tribal Self-Governance Pro7 gram set forth in 25 U.S.C. Sections 458aa–458hh. 

8 SEC. 135. Not later than December 31 of each year, 

9 the Secretary of the Interior shall submit to Congress a re10 port on the competitive sourcing activities on the list re11 quired under the Federal Activities Inventory Reform Act 

12 of 1998 (Public Law 105-270; 31 U.S.C. 501 note) that were 

13 performed for the Department of the Interior during the 

14 previous fiscal year by Federal Government sources. The re15 port shall include—

16 (1) the total number of competitions completed; 

17 (2) the total number of competitions announced, 

18 together with a list of the activities covered by such 

19 competitions; 

20 (3) the total number of full-time equivalent Fed21 eral employees studied under completed competitions; 

22 (4) the total number of full-time equivalent Fed23 eral employees being studied under competitions an24 nounced, but not completed; 
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1 (5) the incremental cost directly attributable to 

2 conducting the competitions identified under para3 graphs (1) and (2), including costs attributable to 

4 paying outside consultants and contractors; 

5 (6) an estimate of the total anticipated savings, 

6 or a quantifiable description of improvements in serv7 ice or performance, derived from completed competi8 tions; 

9 (7) actual savings, or a quantifiable description 

10 of improvements in service or performance, derived 

11 from the implementation of competitions completed 

12 after May 29, 2003; 

13 (8) the total projected number of full time equiv14 alent Federal employees covered by competitions 

15 scheduled to be announced in the fiscal year covered 

16 by the next report required under this section; and 

17 (9) a general description of how the competitive 

18 sourcing decisionmaking processes of the Department 

19 of the Interior are aligned with the strategic workforce 

20 plan of that department. 

21 SEC. 136. (a) PAYMENT TO THE HARRIET TUBMAN

22 HOME, AUBURN, NEW YORK, AUTHORIZED.—(1) The Sec23 retary of the Interior may, using amounts appropriated or 

24 otherwise made available by this title, make a payment to 
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1 the Harriet Tubman Home in Auburn, New York, in the 

2 amount of $11,750. 

3 (2) The amount specified in paragraph (1) is the 

4 amount of widow’s pension that Harriet Tubman should 

5 have received from January 1899 to March 1913 under var6 ious laws authorizing pension for the death of her husband, 

7 Nelson Davis, a deceased veteran of the Civil War, but did 

8 not receive, adjusted for inflation since March 1913. 

9 (b) USE OF AMOUNTS.—The Harriet Tubman Home 

10 shall use amounts paid under subsection (a) for the pur11 poses of—

12 (1) preserving and maintaining the Harriet 

13 Tubman Home; and 

14 (2) honoring the memory of Harriet Tubman. 

15 SEC. 137. Nonrenewable grazing permits authorized in 

16 the Jarbidge Field Office, Bureau of Land Management 

17 within the past seven years shall be renewed under section 

18 402 of the Federal Land Policy and Management Act of 

19 1976, as amended (43 U.S.C. 1752) and under section 3 

20 of the Taylor Grazing Act of 1934, as amended (43 U.S.C. 

21 315b). The terms and conditions contained in the most re22 cently expired nonrenewable grazing permit shall continue 

23 in effect under the renewed permit. Upon completion of any 

24 required analysis or documentation, the permit may be can25 celed, suspended or modified, in whole or in part, to meet 
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1 the requirements of applicable laws and regulations. Noth2 ing in this section shall be deemed to extend the nonrenew3 able permits beyond the standard one-year term. 

4 SEC. 138. INTERIM COMPENSATION PAYMENTS. Sec5 tion 2303(b) of Public Law 106–246 (114 Stat. 549) is 

6 amended by inserting before the period at the end the fol7 lowing: ‘‘, unless the amount of the interim compensation 

8 exceeds the amount of the final compensation’’. 

9 SEC. 139. APPLICATIONS FOR WAIVERS OF MAINTE10 NANCE FEES. Section 10101f(d)(3) of the Omnibus Budget 

11 Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)) is amend12 ed by inserting after ‘‘reason’’ the following: ‘‘(including, 

13 with respect to any application filed on or after January 

14 1, 1999, the filing of the application after the statutory 

15 deadline)’’. 

16 SEC. 140. None of the funds appropriated or otherwise 

17 made available by this or any other Act, hereafter enacted, 

18 may be used to permit the use of the National Mall for a 

19 special event, unless the permit expressly prohibits the erec20 tion, placement, or use of structures and signs bearing com21 mercial advertising. The Secretary may allow for recogni22 tion of sponsors of special events: Provided, That the size 

23 and form of the recognition shall be consistent with the spe24 cial nature and sanctity of the Mall and any lettering or 

25 design identifying the sponsor shall be no larger than one-
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1 third the size of the lettering or design identifying the spe2 cial event. In approving special events, the Secretary shall 

3 ensure, to the maximum extent practicable, that public use 

4 of, and access to the Mall is not restricted. For purposes 

5 of this section, the term ‘‘special event’’ shall have the mean6 ing given to it by section 7.96(g)(1)(ii) of title 36, Code 

7 of Federal Regulations. 

8 TITLE II—RELATED AGENCIES 

9 DEPARTMENT OF AGRICULTURE 

10 FOREST SERVICE

11 FOREST AND RANGELAND RESEARCH

12 For necessary expenses of forest and rangeland re13 search as authorized by law, $266,180,000, to remain avail14 able until expended. 

15 STATE AND PRIVATE FORESTRY

16 For necessary expenses of cooperating with and pro17 viding technical and financial assistance to States, terri18 tories, possessions, and others, and for forest health manage19 ment, including treatments of pests, pathogens, and 

20 invasive or noxious plants, and for restoring and rehabili21 tating forests damaged by pests or invasive plants, coopera22 tive forestry, and education and land conservation activi23 ties and conducting an international program as author24 ized, $295,349,000, to remain available until expended, of 

25 which $84,716,000 is to be derived from the Land and 
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1 Water Conservation Fund: Provided, That each forest leg2 acy grant shall be for a specific project or set of specific 

3 tasks: Provided further, That grants for acquisition of lands 

4 or conservation easements shall require that the State dem5 onstrates that 25 percent of the total value of the project 

6 is comprised of a non-Federal cost share: Provided further, 

7 That up to $2,000,000 may be used by the Secretary solely 

8 for: (1) rapid response to new introductions of non-native 

9 or invasive pests or pathogens in which no previous federal 

10 funding has been identified to address, or (2) for a limited 

11 number of instances in which any pest populations increase 

12 at over 150 percent of levels monitored for that species in 

13 the immediately preceding fiscal year and failure to sup14 press those popultions would lead to a 10-percent increase 

15 of annual forest or stand mortality over ambient mortality 

16 levels. 

17 NATIONAL FOREST SYSTEM

18 For necessary expenses of the Forest Service, not other19 wise provided for, for management, protection, improve20 ment, and utilization of the National Forest System, 

21 $1,370,731,000, to remain available until expended, which 

22 shall include 50 percent of all moneys received during prior 

23 fiscal years as fees collected under the Land and Water Con24 servation Fund Act of 1965, as amended, in accordance 

25 with section 4 of the Act (16 U.S.C. 460l–6a(i)), of which 
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1 $200,000 may be for necessary expenses related to a land 

2 exchange between the State of Montana and the Lolo Na3 tional Forest: Provided, That unobligated balances avail4 able at the start of fiscal year 2004 shall be displayed by 

5 budget line item in the fiscal year 2005 budget justification: 

6 Provided further, That the Secretary may authorize the ex7 penditure or transfer of such sums as necessary to the De8 partment of the Interior, Bureau of Land Management, for 

9 removal, preparation, and adoption of excess wild horses 

10 and burros, and for the performance of cadastral surveys 

11 to designate the boundaries of such lands from National 

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

13 provided under this heading for Forest Products, $5,000,000 

14 shall be allocated to the Alaska Region, in addition to its 

15 normal allocation for the purposes of preparing additional 

16 timber for sale, to establish a 3-year timber supply and such 

17 funds may be transferred to other appropriations accounts 

18 as necessary to maximize accomplishment: Provided fur19 ther, That of the funds provided under this heading, 

20 $3,150,000 is for expenses required to implement title I of 

21 Public Law 106–248, to be segregated in a separate fund 

22 established by the Secretary of Agriculture: Provided fur23 ther, That within funds available for the purpose of imple24 menting the Valles Caldera Preservation Act, notwith25 standing the limitations of section 107(e)(2) of the Valles 
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1 Caldera Preservation Act (Public Law 106–248), for fiscal 

2 year 2004, the Chair of the Board of Trustees of the Valles 

3 Caldera Trust may receive, upon request, compensation for 

4 each day (including travel time) that the Chair is engaged 

5 in the performance of the functions of the Board, except that 

6 compensation shall not exceed the daily equivalent of the 

7 annual rate in effect for members of the Senior Executive 

8 Service at the ES–1 level, and shall be in addition to any 

9 reimbursement for travel, subsistence and other necessary 

10 expenses incurred by the Chair in the performance of the 

11 Chair’s duties. 

12 For an additional amount to reimburse the Judgment 

13 Fund as required by 41 U.S.C. 612(c) for judgment liabil14 ities previously incurred, $188,405,000. 

15 WILDLAND FIRE MANAGEMENT

16 For necessary expenses for forest fire presuppression 

17 activities on National Forest System lands, for emergency 

18 fire suppression on or adjacent to such lands or other lands 

19 under fire protection agreement, hazardous fuels reduction 

20 on or adjacent to such lands, and for emergency rehabilita21 tion of burned-over National Forest System lands and 

22 water, $1,543,072,000, to remain available until expended: 

23 Provided, That such funds including unobligated balances 

24 under this head, are available for repayment of advances 

25 from other appropriations accounts previously transferred 
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1 for such purposes: Provided further, That such funds may 

2 be available to reimburse State and other cooperating enti3 ties for services provided in response to wildfire and other 

4 emergencies or disasters: Provided further, That not less 

5 than 50 percent of any unobligated balances remaining (ex6 clusive of amounts for hazardous fuels reduction) at the end 

7 of fiscal year 2003 shall be transferred, as repayment for 

8 past advances that have not been repaid, to the fund estab9 lished pursuant to section 3 of Public Law 71–319 (16 

10 U.S.C. 576 et seq.): Provided further, That notwithstanding 

11 any other provision of law, $8,000,000 of funds appro12 priated under this appropriation shall be used for Fire 

13 Science Research in support of the Joint Fire Science Pro14 gram: Provided further, That all authorities for the use of 

15 funds, including the use of contracts, grants, and coopera16 tive agreements, available to execute the Forest and Range17 land Research appropriation, are also available in the utili18 zation of these funds for Fire Science Research: Provided 

19 further, That funds provided shall be available for emer20 gency rehabilitation and restoration, hazardous fuels reduc21 tion activities in the urban-wildland interface, support to 

22 Federal emergency response, and wildfire suppression ac23 tivities of the Forest Service: Provided further, That of the 

24 funds provided, $231,392,000 is for hazardous fuels reduc25 tion activities, $21,427,000 is for research activities and to 
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1 make competitive research grants pursuant to the Forest 

2 and Rangeland Renewable Resources Research Act, as 

3 amended (16 U.S.C. 1641 et seq.), $47,752,000 is for State 

4 fire assistance, $8,240,000 is for volunteer fire assistance, 

5 and $11,934,000 is for forest health activities on State, pri6 vate, and Federal lands: Provided further, That amounts 

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

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

9 and Rangeland Research’’ accounts to fund State fire assist10 ance, volunteer fire assistance, forest health management, 

11 forest and rangeland research, vegetation and watershed 

12 management, heritage site rehabilitation, wildlife and fish 

13 habitat management, and restoration: Provided further, 

14 That transfers of any amounts in excess of those authorized 

15 in this paragraph shall require approval of the House and 

16 Senate Committees on Appropriations in compliance with 

17 reprogramming procedures contained in House Report No. 

18 105–163: Provided further, That the costs of implementing 

19 any cooperative agreement between the Federal Government 

20 and any non-Federal entity may be shared, as mutually 

21 agreed on by the affected parties: Provided further, That 

22 in addition to funds provided for State Fire Assistance pro23 grams, and subject to all authorities available to the Forest 

24 Service under the State and Private Forestry Appropria25 tions, up to $15,000,000 may be used on adjacent non-Fed-
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1 eral lands for the purpose of protecting communities when 

2 hazard reduction activities are planned on national forest 

3 lands that have the potential to place such communities at 

4 risk: Provided further, That included in funding for haz5 ardous fuel reduction is $5,000,000 for implementing the 

6 Community Forest Restoration Act, Public Law 106–393, 

7 title VI, and any portion of such funds shall be available 

8 for use on non-Federal lands in accordance with authorities 

9 available to the Forest Service under the State and Private 

10 Forestry Appropriation: Provided further, That in using 

11 the funds provided in this Act for hazardous fuels reduction 

12 activities, the Secretary of Agriculture may conduct fuel re13 duction treatments on Federal lands using all contracting 

14 and hiring authorities available to the Secretary applicable 

15 to hazardous fuel reduction activities under the wildland 

16 fire management accounts: Provided further, That notwith17 standing Federal Government procurement and contracting 

18 laws, the Secretaries may conduct fuel reduction treatments, 

19 rehabilitation and restoration, and other activities author20 ized under this heading on and adjacent to Federal lands 

21 using grants and cooperative agreements: Provided further, 

22 That notwithstanding Federal Government procurement 

23 and contracting laws, in order to provide employment and 

24 training opportunities to people in rural communities, the 

25 Secretaries may award contracts, including contracts for 
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1 monitoring activities, to local private, non-profit, or cooper2 ative entities; Youth Conservation Corps crews or related 

3 partnerships, with State, local and non-profit youth groups; 

4 small or micro-businesses; or other entities that will hire 

5 or train a significant percentage of local people to complete 

6 such contracts: Provided further, That the authorities de7 scribed above relating to contracts, grants, and cooperative 

8 agreements are available until all funds provided in this 

9 title for hazardous fuels reduction activities in the urban 

10 wildland interface are obligated: Provided further, That the 

11 Secretary of the Interior and the Secretary of Agriculture 

12 may authorize the transfer of funds appropriated for 

13 wildland fire management, in an aggregate amount not to 

14 exceed $12,000,000, between the Departments when such 

15 transfers would facilitate and expedite jointly funded 

16 wildland fire management programs and projects. 

17 CAPITAL IMPROVEMENT AND MAINTENANCE

18 For necessary expenses of the Forest Service, not other19 wise provided for, $532,406,000, to remain available until 

20 expended for construction, reconstruction, maintenance and 

21 acquisition of buildings and other facilities, and for con22 struction, reconstruction, repair and maintenance of forest 

23 roads and trails by the Forest Service as authorized by 16 

24 U.S.C. 532–538 and 23 U.S.C. 101 and 205, of which 

25 $500,000 may be for improvements at Fernwood Park on 
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1 the Wasatch-Cache National Forest: Provided, That up to 

2 $15,000,000 of the funds provided herein for road mainte3 nance shall be available for the decommissioning of roads, 

4 including unauthorized roads not part of the transportation 

5 system, which are no longer needed: Provided further, That 

6 no funds shall be expended to decommission any system 

7 road until notice and an opportunity for public comment 

8 has been provided on each decommissioning project. 

9 LAND ACQUISITION

10 For expenses necessary to carry out the provisions of 

11 the Land and Water Conservation Fund Act of 1965, as 

12 amended (16 U.S.C. 460l–4 through 11), including admin13 istrative expenses, and for acquisition of land or waters, 

14 or interest therein, in accordance with statutory authority 

15 applicable to the Forest Service, $76,440,000, to be derived 

16 from the Land and Water Conservation Fund and to re17 main available until expended, of which $5,400,000 shall 

18 be available for the Beaver Brook Watershed in the State 

19 of Colorado: Provided, That notwithstanding any limita20 tions of the Land and Water Conservation Fund Act (16 

21 U.S.C. 460l–9), the Secretary of Agriculture is henceforth 

22 authorized to utilize any funds appropriated from the Land 

23 and Water Conservation Fund to acquire Mental Health 

24 Trust lands in Alaska and, upon Federal acquisition, the 
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1 boundaries of the Tongass National Forest shall be deemed 

2 modified to include such lands. 

3 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

4 ACTS

5 For acquisition of lands within the exterior boundaries 

6 of the Cache, Uinta, and Wasatch National Forests, Utah; 

7 the Toiyabe National Forest, Nevada; and the Angeles, San 

8 Bernardino, Sequoia, and Cleveland National Forests, Cali9 fornia, as authorized by law, $1,069,000, to be derived from 

10 forest receipts. 

11 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

12 For acquisition of lands, such sums, to be derived from 

13 funds deposited by State, county, or municipal govern14 ments, public school districts, or other public school authori15 ties, and for authorized expenditures from funds deposited 

16 by non-federal parties pursuant to Land Sale and Ex17 change Acts, pursuant to the Act of December 4, 1967, as 

18 amended (16 U.S.C. 484a), to remain available until ex19 pended. 

20 RANGE BETTERMENT FUND

21 For necessary expenses of range rehabilitation, protec22 tion, and improvement, 50 percent of all moneys received 

23 during the prior fiscal year, as fees for grazing domestic 

24 livestock on lands in National Forests in the 16 Western 

25 States, pursuant to section 401(b)(1) of Public Law 94–
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1 579, as amended, to remain available until expended, of 

2 which not to exceed 6 percent shall be available for adminis3 trative expenses associated with on-the-ground range reha4 bilitation, protection, and improvements. 

5 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

6 RANGELAND RESEARCH

7 For expenses authorized by 16 U.S.C. 1643(b), 

8 $92,000, to remain available until expended, to be derived 

9 from the fund established pursuant to the above Act. 

10 MANAGEMENT OF NATIONAL FOREST LANDS FOR

11 SUBSISTENCE USES

12 For necessary expenses of the Forest Service to manage 

13 federal lands in Alaska for subsistence uses under title VIII 

14 of the Alaska National Interest Lands Conservation Act 

15 (Public Law 96–487), $5,535,000, to remain available until 

16 expended, of which not to exceed $100,000 per annum may 

17 be used to reimburse the Office of General Counsel, Depart18 ment of Agriculture, for salaries and related expenses in19 curred in providing legal services in relation to subsistence 

20 management. 

21 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

22 Appropriations to the Forest Service for the current 

23 fiscal year shall be available for: (1) purchase of not to ex24 ceed 124 passenger motor vehicles of which 21 will be used 

25 primarily for law enforcement purposes and of which 124 
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1 shall be for replacement; acquisition of 25 passenger motor 

2 vehicles from excess sources, and hire of such vehicles; oper3 ation and maintenance of aircraft to maintain the operable 

4 fleet at 195 aircraft for use in Forest Service wildland fire 

5 programs and other Forest Service programs; notwith6 standing other provisions of law, existing aircraft being re7 placed may be sold, with proceeds derived or trade-in value 

8 used to offset the purchase price for the replacement air9 craft; (2) services pursuant to 7 U.S.C. 2225, and not to 

10 exceed $100,000 for employment under 5 U.S.C. 3109; (3) 

11 purchase, erection, and alteration of buildings and other 

12 public improvements (7 U.S.C. 2250); (4) acquisition of 

13 land, waters, and interests therein pursuant to 7 U.S.C. 

14 428a; (5) for expenses pursuant to the Volunteers in the Na15 tional Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a 

16 note); (6) the cost of uniforms as authorized by 5 U.S.C. 

17 5901–5902; and (7) for debt collection contracts in accord18 ance with 31 U.S.C. 3718(c). 

19 None of the funds made available under this Act shall 

20 be obligated or expended to abolish any region, to move or 

21 close any regional office for National Forest System admin22 istration of the Forest Service, Department of Agriculture 

23 without the consent of the House and Senate Committees 

24 on Appropriations. 
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1 Any appropriations or funds available to the Forest 

2 Service may be transferred to the Wildland Fire Manage3 ment appropriation for forest firefighting, emergency reha4 bilitation of burned-over or damaged lands or waters under 

5 its jurisdiction, and fire preparedness due to severe burning 

6 conditions if and only if all previously appropriated emer7 gency contingent funds under the heading ‘‘Wildland Fire 

8 Management’’ have been released by the President and ap9 portioned and all wildfire suppression funds under the 

10 heading ‘‘Wildland Fire Management’’ are obligated. 

11 Funds appropriated to the Forest Service shall be 

12 available for assistance to or through the Agency for Inter13 national Development and the Foreign Agricultural Service 

14 in connection with forest and rangeland research, technical 

15 information, and assistance in foreign countries, and shall 

16 be available to support forestry and related natural resource 

17 activities outside the United States and its territories and 

18 possessions, including technical assistance, education and 

19 training, and cooperation with United States and inter20 national organizations. 

21 None of the funds made available to the Forest Service 

22 under this Act shall be subject to transfer under the provi23 sions of section 702(b) of the Department of Agriculture Or24 ganic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless 

25 the proposed transfer is approved in advance by the House 
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1 and Senate Committees on Appropriations in compliance 

2 with the reprogramming procedures contained in House Re3 port No. 105–163. 

4 None of the funds available to the Forest Service may 

5 be reprogrammed without the advance approval of the 

6 House and Senate Committees on Appropriations in ac7 cordance with the procedures contained in House Report 

8 No. 105–163. 

9 No funds available to the Forest Service shall be trans10 ferred to the Working Capital Fund of the Department of 

11 Agriculture that exceed the total amount transferred during 

12 fiscal year 2000 for such purposes without the advance ap13 proval of the House and Senate Committees on Appropria14 tions. 

15 Funds available to the Forest Service shall be available 

16 to conduct a program of not less than $2,000,000 for high 

17 priority projects within the scope of the approved budget 

18 which shall be carried out by the Youth Conservation Corps. 

19 Of the funds available to the Forest Service, $2,500 is 

20 available to the Chief of the Forest Service for official recep21 tion and representation expenses. 

22 Pursuant to sections 405(b) and 410(b) of Public Law 

23 101–593, of the funds available to the Forest Service, up 

24 to $3,000,000 may be advanced in a lump sum as Federal 

25 financial assistance to the National Forest Foundation, 
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1 without regard to when the Foundation incurs expenses, for 

2 administrative expenses or projects on or benefitting Na3 tional Forest System lands or related to Forest Service pro4 grams: Provided, That of the Federal funds made available 

5 to the Foundation, no more than $400,000 shall be available 

6 for administrative expenses: Provided further, That the 

7 Foundation shall obtain, by the end of the period of Federal 

8 financial assistance, private contributions to match on at 

9 least one-for-one basis funds made available by the Forest 

10 Service: Provided further, That the Foundation may trans11 fer Federal funds to a non-Federal recipient for a project 

12 at the same rate that the recipient has obtained the non13 Federal matching funds: Provided further, That authorized 

14 investments of Federal funds held by the Foundation may 

15 be made only in interest-bearing obligations of the United 

16 States or in obligations guaranteed as to both principal and 

17 interest by the United States. 

18 Pursuant to section 2(b)(2) of Public Law 98–244, 

19 $2,650,000 of the funds available to the Forest Service shall 

20 be available for matching funds to the National Fish and 

21 Wildlife Foundation, as authorized by 16 U.S.C. 3701–

22 3709, and may be advanced in a lump sum, without regard 

23 to when expenses are incurred, for projects on or benefitting 

24 National Forest System lands or related to Forest Service 

25 programs: Provided, That the Foundation shall obtain pri-
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1 vate contributions to match on at least one-for-one basis 

2 funds advanced by the Forest Service: Provided further, 

3 That the Foundation may transfer Federal funds to a Fed4 eral or non-Federal recipient for a project at the same rate 

5 that the recipient has obtained the non-Federal matching 

6 funds. 

7 Funds appropriated to the Forest Service shall be 

8 available for interactions with and providing technical as9 sistance to rural communities for sustainable rural develop10 ment purposes. 

11 Notwithstanding any other provision of law, 80 per12 cent of the funds appropriated to the Forest Service in the 

13 ‘‘National Forest System’’ and ‘‘Capital Improvement and 

14 Maintenance’’ accounts and planned to be allocated to ac15 tivities under the ‘‘Jobs in the Woods’’ program for projects 

16 on National Forest land in the State of Washington may 

17 be granted directly to the Washington State Department of 

18 Fish and Wildlife for accomplishment of planned projects. 

19 Twenty percent of said funds shall be retained by the Forest 

20 Service for planning and administering projects. Project se21 lection and prioritization shall be accomplished by the For22 est Service with such consultation with the State of Wash23 ington as the Forest Service deems appropriate. 

24 Funds appropriated to the Forest Service shall be 

25 available for payments to counties within the Columbia 
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1 River Gorge National Scenic Area, pursuant to sections 

2 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

3 663. 

4 Notwithstanding any other provision of law, any ap5 propriations or funds available to the Forest Service not 

6 to exceed $500,000 may be used to reimburse the Office of 

7 the General Counsel (OGC), Department of Agriculture, for 

8 travel and related expenses incurred as a result of OGC as9 sistance or participation requested by the Forest Service at 

10 meetings, training sessions, management reviews, land pur11 chase negotiations and similar non-litigation related mat12 ters. Future budget justifications for both the Forest Service 

13 and the Department of Agriculture should clearly display 

14 the sums previously transferred and the requested funding 

15 transfers. 

16 Any appropriations or funds available to the Forest 

17 Service may be used for necessary expenses in the event of 

18 law enforcement emergencies as necessary to protect natural 

19 resources and public or employee safety: Provided, That 

20 such amounts shall not exceed $1,000,000. 

21 From funds available to the Forest Service in this Act 

22 for payment of costs in accordance with subsection 413(d) 

23 of Title IV, Public Law 108–7, $3,000,000 shall be trans24 ferred by the Secretary of Agriculture to the Secretary of 
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1 the Treasury to make reimbursement payments as provided 

2 in such subsection. 

3 The Secretary of Agriculture may authorize the sale 

4 of excess buildings, facilities, and other properties owned 

5 by the Forest Service and located on the Green Mountain 

6 National Forest, the revenues of which shall be retained by 

7 the Forest Service and available to the Secretary without 

8 further appropriation and until expended for maintenance 

9 and rehabilitation activities on the Green Mountain Na10 tional Forest. 

11 The Secretary of Agriculture may transfer or reim12 burse funds available to the Forest Service, not to exceed 

13 $15,000,000, to the Secretary of the Interior or the Sec14 retary of Commerce to expedite conferencing and consulta15 tions as required under section 7 of the Endangered Species 

16 Act, 16 U.S.C. 1536. The amount of the transfer or reim17 bursement shall be as mutually agreed by the Secretary of 

18 Agriculture and the Secretary of the Interior or Secretary 

19 of Commerce, as applicable, or their designees. The amount 

20 shall in no case exceed the actual costs of consultation and 

21 conferencing. 

22 Beginning on June 30, 2001 and concluding on De23 cember 31, 2004, an eligible individual who is employed 

24 in any project funded under Title V of the Older American 

25 Act of 1965 (42 U.S.C. 3056 et seq.) and administered by 
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1 the Forest Service shall be considered to be a Federal em2 ployee for purposes of chapter 171 of title 28, United States 

3 Code. 

4 Any funds appropriated to the Forest Service may be 

5 used to meet the non-Federal share requirement in section 

6 502(c) of the Older American Act of 1965 (42 U.S.C. 

7 3056(c)(2)). 

8 None of the funds made available in this or any other 

9 Act may be used by the Forest Service to initiate or con10 tinue competitive sourcing studies until such time as the 

11 House and Senate Committees on Appropriations have been 

12 given a detailed competitive sourcing proposal (including 

13 the number of positions to be studied, the amount of funding 

14 needed, and the accounts and activities from which the 

15 funding will be reprogrammed), and have approved in writ16 ing such proposal. 

17 The Secretary of Agriculture may authorize the sale 

18 of excess buildings, facilities, and other properties owned 

19 by the Forest Service and located on the Wasatch-Cache Na20 tional Forest, the revenues of which may be retained by the 

21 Forest Service and available to the Secretary without fur22 ther appropriation and until expended for acquisition and 

23 construction of administrative sites on the Wasatch-Cache 

24 National Forest. 
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1 DEPARTMENT OF ENERGY 

2 CLEAN COAL TECHNOLOGY

3 (DEFERRAL)

4 Of the funds made available under this heading for 

5 obligation in prior years, $97,000,000 shall not be available 

6 until October 1, 2004: Provided, That funds made available 

7 in previous appropriations Acts shall be available for any 

8 ongoing project regardless of the separate request for pro9 posal under which the project was selected: Provided fur10 ther, That within 30 days of enactment of this Act, the Sec11 retary is directed to provide the House Committee on Ap12 propriations and the Senate Committee on Appropriations 

13 with a plan detailing the proposed expenditure of un-obli14 gated or de-obligated funds from terminated Clean Coal 

15 Technology projects in support of the FutureGen project: 

16 Provided further, That notwithstanding any other provision 

17 of law, within fiscal year 2004 up to $9,000,000 of the funds 

18 made available under this heading for obligation in prior 

19 years, of funds not obligated or committed to existing Clean 

20 Coal Technology projects, and funds committed or obligated 

21 to a project that is or may be terminated, may be used for 

22 the development of technologies and research facilities that 

23 support the production of electricity and hydrogen from 

24 coal including sequestration of associated carbon dioxide: 

25 Provided further, That the Secretary may enter into a lease 
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1 or other agreement, not subject to the conditions or require2 ments established for Clean Coal Technology projects under 

3 any prior law, for a cost-shared public-private partnership 

4 with a non-Federal entity representing the coal industry 

5 and coal-fueled utilities: Provided further, That the Sec6 retary shall ensure that the entity provides opportunities 

7 for participation by technology vendors, States, univer8 sities, and other stakeholders. 

9 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

10 For necessary expenses in carrying out fossil energy 

11 research and development activities, under the authority of 

12 the Department of Energy Organization Act (Public Law 

13 95–91), including the acquisition of interest, including de14 feasible and equitable interests in any real property or any 

15 facility or for plant or facility acquisition or expansion, 

16 and for conducting inquiries, technological investigations 

17 and research concerning the extraction, processing, use, and 

18 disposal of mineral substances without objectionable social 

19 and environmental costs (30 U.S.C. 3, 1602, and 1603), 

20 $593,514,000, to remain available until expended, of which 

21 $4,000,000 is to continue a multi-year project for construc22 tion, renovation, furnishing, and demolition or removal of 

23 buildings at National Energy Technology Laboratory facili24 ties in Morgantown, West Virginia and Pittsburgh, Penn25 sylvania; of which not to exceed $536,000 may be utilized 
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1 for travel and travel-related expenses incurred by the head2 quarters staff of the Office of Fossil Energy; and of which 

3 $130,000,000 are to be made available, after coordination 

4 with the private sector, for a request for proposals for a 

5 Clean Coal Power Initiative providing for competitively6 awarded research, development, and demonstration projects 

7 to reduce the barriers to continued and expanded coal use: 

8 Provided, That no project may be selected for which suffi9 cient funding is not available to provide for the total 

10 project: Provided further, That funds shall be expended in 

11 accordance with the provisions governing the use of funds 

12 contained under the heading ‘‘Clean Coal Technology’’ in 

13 42 U.S.C. 5903d: Provided further, That the Department 

14 may include provisions for repayment of Government con15 tributions to individual projects in an amount up to the 

16 Government contribution to the project on terms and condi17 tions that are acceptable to the Department including re18 payments from sale and licensing of technologies from both 

19 domestic and foreign transactions: Provided further, That 

20 such repayments shall be retained by the Department for 

21 future coal-related research, development and demonstra22 tion projects: Provided further, That any technology selected 

23 under this program shall be considered a Clean Coal Tech24 nology, and any project selected under this program shall 

25 be considered a Clean Coal Technology Project, for the pur-
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1 poses of 42 U.S.C. 7651n, and Chapters 51, 52, and 60 of 

2 title 40 of the Code of Federal Regulations: Provided fur3 ther, That no part of the sum herein made available shall 

4 be used for the field testing of nuclear explosives in the re5 covery of oil and gas: Provided further, That up to 4 percent 

6 of program direction funds available to the National En7 ergy Technology Laboratory may be used to support De8 partment of Energy activities not included in this account. 

9 NAVAL PETROLEUM AND OIL SHALE RESERVES

10 For expenses necessary to carry out naval petroleum 

11 and oil shale reserve activities, $17,947,000, to remain 

12 available until expended: Provided, That, notwithstanding 

13 any other provision of law, unobligated funds remaining 

14 from prior years shall be available for all naval petroleum 

15 and oil shale reserve activities. 

16 ELK HILLS SCHOOL LANDS FUND

17 For necessary expenses in fulfilling installment pay18 ments under the Settlement Agreement entered into by the 

19 United States and the State of California on October 11, 

20 1996, as authorized by section 3415 of Public Law 104–

21 106, $36,000,000, to become available on October 1, 2004 

22 for payment to the State of California for the State Teach23 ers’ Retirement Fund from the Elk Hills School Lands 

24 Fund. 
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1 ENERGY CONSERVATION

2 For necessary expenses in carrying out energy con3 servation activities, $861,645,000, to remain available until 

4 expended, of which $1,500,000 is for DES applications inte5 gration: Provided, That $274,000,000 shall be for use in 

6 energy conservation grant programs as defined in section 

7 3008(3) of Public Law 99–509 (15 U.S.C. 4507): Provided 

8 further, That notwithstanding section 3003(d)(2) of Public 

9 Law 99–509, such sums shall be allocated to the eligible 

10 programs as follows: $230,000,000 for weatherization assist11 ance grants and $44,000,000 for State energy program 

12 grants. 

13 ECONOMIC REGULATION

14 For necessary expenses in carrying out the activities 

15 of the Office of Hearings and Appeals, $1,047,000, to re16 main available until expended. 

17 STRATEGIC PETROLEUM RESERVE

18 For necessary expenses for Strategic Petroleum Reserve 

19 facility development and operations and program manage20 ment activities pursuant to the Energy Policy and Con21 servation Act of 1975, as amended (42 U.S.C. 6201 et seq.), 

22 $173,081,000, to remain available until expended: Pro23 vided, That the Department of Energy shall develop, with 

24 an opportunity for public comment, procedures to obtain 

25 oil for the Strategic Petroleum Reserve in a manner that 
239

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1 maximizes the overall domestic supply of crude oil (includ2 ing amounts stored in private sector inventories) and mini3 mizes the costs to the Department of the Interior and the 

4 Department of Energy of acquiring such oil (including fore5 gone revenues to the Treasury when oil for the Reserve is 

6 obtained through the Royalty-in-Kind program), consistent 

7 with national security. Such procedures shall include proce8 dures and criteria for the review of requests for the deferrals 

9 of scheduled deliveries. No later than 120 days following 

10 the enactment of this Act the Department shall propose and 

11 no later than 180 days following the enactment of this Act 

12 the Department shall publish and follow such procedures 

13 when acquiring oil for the Reserve. 

14 NORTHEAST HOME HEATING OIL RESERVE

15 For necessary expenses for Northeast Home Heating 

16 Oil Reserve storage, operations, and management activities 

17 pursuant to the Energy Policy and Conservation Act of 

18 2000, $5,000,000, to remain available until expended. 

19 ENERGY INFORMATION ADMINISTRATION

20 For necessary expenses in carrying out the activities 

21 of the Energy Information Administration, $80,111,000, to 

22 remain available until expended. 

23 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

24 Appropriations under this Act for the current fiscal 

25 year shall be available for hire of passenger motor vehicles; 
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1 hire, maintenance, and operation of aircraft; purchase, re2 pair, and cleaning of uniforms; and reimbursement to the 

3 General Services Administration for security guard serv4 ices. 

5 From appropriations under this Act, transfers of sums 

6 may be made to other agencies of the Government for the 

7 performance of work for which the appropriation is made. 

8 None of the funds made available to the Department 

9 of Energy under this Act shall be used to implement or fi10 nance authorized price support or loan guarantee programs 

11 unless specific provision is made for such programs in an 

12 appropriations Act. 

13 The Secretary is authorized to accept lands, buildings, 

14 equipment, and other contributions from public and private 

15 sources and to prosecute projects in cooperation with other 

16 agencies, Federal, State, private or foreign: Provided, That 

17 revenues and other moneys received by or for the account 

18 of the Department of Energy or otherwise generated by sale 

19 of products in connection with projects of the Department 

20 appropriated under this Act may be retained by the Sec21 retary of Energy, to be available until expended, and used 

22 only for plant construction, operation, costs, and payments 

23 to cost-sharing entities as provided in appropriate cost24 sharing contracts or agreements: Provided further, That the 

25 remainder of revenues after the making of such payments 
241

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1 shall be covered into the Treasury as miscellaneous receipts: 

2 Provided further, That any contract, agreement, or provi3 sion thereof entered into by the Secretary pursuant to this 

4 authority shall not be executed prior to the expiration of 

5 30 calendar days (not including any day in which either 

6 House of Congress is not in session because of adjournment 

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

8 receipt by the Speaker of the House of Representatives and 

9 the President of the Senate of a full comprehensive report 

10 on such project, including the facts and circumstances relied 

11 upon in support of the proposed project. 

12 No funds provided in this Act may be expended by the 

13 Department of Energy to prepare, issue, or process procure14 ment documents for programs or projects for which appro15 priations have not been made. 

16 In addition to other authorities set forth in this Act, 

17 the Secretary may accept fees and contributions from public 

18 and private sources, to be deposited in a contributed funds 

19 account, and prosecute projects using such fees and con20 tributions in cooperation with other Federal, State or pri21 vate agencies or concerns. 
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HR 2691 PP 

1 DEPARTMENT OF HEALTH AND HUMAN 

2 SERVICES 

3 INDIAN HEALTH SERVICE

4 INDIAN HEALTH SERVICES

5 For expenses necessary to carry out the Act of August 

6 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, 

7 the Indian Health Care Improvement Act, and titles II and 

8 III of the Public Health Service Act with respect to the In9 dian Health Service, $2,546,524,000, together with pay10 ments received during the fiscal year pursuant to 42 U.S.C. 

11 238(b) for services furnished by the Indian Health Service: 

12 Provided, That funds made available to tribes and tribal 

13 organizations through contracts, grant agreements, or any 

14 other agreements or compacts authorized by the Indian Self15 Determination and Education Assistance Act of 1975 (25 

16 U.S.C. 450), shall be deemed to be obligated at the time 

17 of the grant or contract award and thereafter shall remain 

18 available to the tribe or tribal organization without fiscal 

19 year limitation: Provided further, That up to $18,000,000 

20 shall remain available until expended, for the Indian Cata21 strophic Health Emergency Fund: Provided further, That 

22 $472,022,000 for contract medical care shall remain avail23 able for obligation until September 30, 2005: Provided fur24 ther, That of the funds provided, up to $27,000,000 to re25 main available until expended, shall be used to carry out 
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HR 2691 PP 

1 the loan repayment program under section 108 of the In2 dian Health Care Improvement Act: Provided further, That 

3 funds provided in this Act may be used for one-year con4 tracts and grants which are to be performed in two fiscal 

5 years, so long as the total obligation is recorded in the year 

6 for which the funds are appropriated: Provided further, 

7 That the amounts collected by the Secretary of Health and 

8 Human Services under the authority of title IV of the In9 dian Health Care Improvement Act shall remain available 

10 until expended for the purpose of achieving compliance with 

11 the applicable conditions and requirements of titles XVIII 

12 and XIX of the Social Security Act (exclusive of planning, 

13 design, or construction of new facilities): Provided further, 

14 That funding contained herein, and in any earlier appro15 priations Acts for scholarship programs under the Indian 

16 Health Care Improvement Act (25 U.S.C. 1613) shall re17 main available until expended: Provided further, That 

18 amounts received by tribes and tribal organizations under 

19 title IV of the Indian Health Care Improvement Act shall 

20 be reported and accounted for and available to the receiving 

21 tribes and tribal organizations until expended: Provided 

22 further, That, notwithstanding any other provision of law, 

23 of the amounts provided herein, not to exceed $268,974,000 

24 shall be for payments to tribes and tribal organizations for 

25 contract or grant support costs associated with contracts, 
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1 grants, self-governance compacts or annual funding agree2 ments between the Indian Health Service and a tribe or 

3 tribal organization pursuant to the Indian Self-Determina4 tion Act of 1975, as amended, prior to or during fiscal year 

5 2004, of which not to exceed $2,500,000 may be used for 

6 contract support costs associated with new or expanded self7 determination contracts, grants, self-governance compacts 

8 or annual funding agreements: Provided further, That 

9 funds available for the Indian Health Care Improvement 

10 Fund may be used, as needed, to carry out activities typi11 cally funded under the Indian Health Facilities account: 

12 Provided further, That of the amounts provided to the In13 dian Health Service, $15,000,000 is provided for alcohol 

14 control, enforcement, prevention, treatment, sobriety and 

15 wellness, and education in Alaska to be distributed as direct 

16 lump sum payments as follows: (a) $2,000,000 to the State 

17 of Alaska for regional distribution to hire and equip addi18 tional Village Public Safety Officers to engage primarily 

19 in bootlegging prevention and enforcement activities; (b) 

20 $10,000,000 to the Alaska Native Tribal Health Consor21 tium, which shall be allocated for (1) substance abuse treat22 ment including residential treatment, (2) substance abuse 

23 and behavioral health counselors through the Counselor in 

24 Every Village program, and (3) comprehensive substance 

25 abuse training programs for counselors and others deliv-
245

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1 ering substance abuse services; (c) $1,000,000 to the State 

2 of Alaska for a school peer counseling and education pro3 gram; and (d) $2,000,000 for the Alaska Federation of Na4 tives sobriety and wellness program for competitive merit5 based grants: Provided further, That none of the funds may 

6 be used for tribal courts or tribal ordinance programs or 

7 any program that is not directly related to alcohol control, 

8 enforcement, prevention, treatment, or sobriety: Provided 

9 further, That no more than 10 percent may be used by any 

10 entity receiving funding for administrative overhead in11 cluding indirect costs: Provided further, That the State of 

12 Alaska, Alaska Native non-profit corporations, and the 

13 Alaska Native Tribal Health Consortium must each main14 tain its existing level of effort and must use these funds 

15 to enhance or expand existing efforts or initiate new 

16 projects or programs and may not use such funds to sup17 plant existing programs. 

18 INDIAN HEALTH FACILITIES

19 For construction, repair, maintenance, improvement, 

20 and equipment of health and related auxiliary facilities, in21 cluding quarters for personnel; preparation of plans, speci22 fications, and drawings; acquisition of sites, purchase and 

23 erection of modular buildings, and purchases of trailers; 

24 and for provision of domestic and community sanitation 

25 facilities for Indians, as authorized by section 7 of the Act 
246

HR 2691 PP 

1 of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter2 mination Act, and the Indian Health Care Improvement 

3 Act, and for expenses necessary to carry out such Acts and 

4 titles II and III of the Public Health Service Act with re5 spect to environmental health and facilities support activi6 ties of the Indian Health Service, $391,188,000, to remain 

7 available until expended: Provided, That notwithstanding 

8 any other provision of law, funds appropriated for the plan9 ning, design, construction or renovation of health facilities 

10 for the benefit of an Indian tribe or tribes may be used 

11 to purchase land for sites to construct, improve, or enlarge 

12 health or related facilities: Provided further, That from the 

13 funds appropriated herein, $5,043,000 shall be designated 

14 by the Indian Health Service as a contribution to the 

15 Yukon-Kuskokwim Health Corporation (YKHC) to com16 plete a priority project for the acquisition of land, plan17 ning, design and construction of 79 staff quarters in the 

18 Bethel service area, pursuant to the negotiated project 

19 agreement between the YKHC and the Indian Health Serv20 ice: Provided further, That this project shall not be subject 

21 to the construction provisions of the Indian Self-Determina22 tion and Education Assistance Act and shall be removed 

23 from the Indian Health Service priority list upon comple24 tion: Provided further, That the Federal Government shall 

25 not be liable for any property damages or other construction 
247

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1 claims that may arise from YKHC undertaking this project: 

2 Provided further, That the land shall be owned or leased 

3 by the YKHC and title to quarters shall remain vested with 

4 the YKHC: Provided further, That not to exceed $500,000 

5 shall be used by the Indian Health Service to purchase 

6 TRANSAM equipment from the Department of Defense for 

7 distribution to the Indian Health Service and tribal facili8 ties: Provided further, That none of the funds appropriated 

9 to the Indian Health Service may be used for sanitation 

10 facilities construction for new homes funded with grants by 

11 the housing programs of the United States Department of 

12 Housing and Urban Development: Provided further, That 

13 not to exceed $1,000,000 from this account and the ‘‘Indian 

14 Health Services’’ account shall be used by the Indian Health 

15 Service to obtain ambulances for the Indian Health Service 

16 and tribal facilities in conjunction with an existing inter17 agency agreement between the Indian Health Service and 

18 the General Services Administration: Provided further, 

19 That not to exceed $500,000 shall be placed in a Demolition 

20 Fund and remain available until expended, to be used by 

21 the Indian Health Service for demolition of Federal build22 ings. 

23 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

24 Appropriations in this Act to the Indian Health Serv25 ice shall be available for services as authorized by 5 U.S.C. 
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1 3109 but at rates not to exceed the per diem rate equivalent 

2 to the maximum rate payable for senior-level positions 

3 under 5 U.S.C. 5376; hire of passenger motor vehicles and 

4 aircraft; purchase of medical equipment; purchase of re5 prints; purchase, renovation and erection of modular build6 ings and renovation of existing facilities; payments for tele7 phone service in private residences in the field, when au8 thorized under regulations approved by the Secretary; and 

9 for uniforms or allowances therefor as authorized by 5 

10 U.S.C. 5901–5902; and for expenses of attendance at meet11 ings which are concerned with the functions or activities 

12 for which the appropriation is made or which will con13 tribute to improved conduct, supervision, or management 

14 of those functions or activities. 

15 In accordance with the provisions of the Indian Health 

16 Care Improvement Act, non-Indian patients may be ex17 tended health care at all tribally administered or Indian 

18 Health Service facilities, subject to charges, and the pro19 ceeds along with funds recovered under the Federal Medical 

20 Care Recovery Act (42 U.S.C. 2651–2653) shall be credited 

21 to the account of the facility providing the service and shall 

22 be available without fiscal year limitation. Notwith23 standing any other law or regulation, funds transferred 

24 from the Department of Housing and Urban Development 

25 to the Indian Health Service shall be administered under 
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HR 2691 PP 

1 Public Law 86–121 (the Indian Sanitation Facilities Act) 

2 and Public Law 93–638, as amended. 

3 Funds appropriated to the Indian Health Service in 

4 this Act, except those used for administrative and program 

5 direction purposes, shall not be subject to limitations di6 rected at curtailing Federal travel and transportation. 

7 None of the funds made available to the Indian Health 

8 Service in this Act shall be used for any Department of 

9 Health and Human Services-wide consolidation, restruc10 turing, or realignment of functions or for any assessments 

11 or charges associated with any such consolidation, restruc12 turing or realignment, except for purposes for which funds 

13 are specifically provided in this Act. 

14 Notwithstanding any other provision of law, funds 

15 previously or herein made available to a tribe or tribal or16 ganization through a contract, grant, or agreement author17 ized by title I or title III of the Indian Self-Determination 

18 and Education Assistance Act of 1975 (25 U.S.C. 450), may 

19 be deobligated and reobligated to a self-determination con20 tract under title I, or a self-governance agreement under 

21 title III of such Act and thereafter shall remain available 

22 to the tribe or tribal organization without fiscal year limi23 tation. 

24 None of the funds made available to the Indian Health 

25 Service in this Act shall be used to implement the final rule 
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HR 2691 PP 

1 published in the Federal Register on September 16, 1987, 

2 by the Department of Health and Human Services, relating 

3 to the eligibility for the health care services of the Indian 

4 Health Service until the Indian Health Service has sub5 mitted a budget request reflecting the increased costs associ6 ated with the proposed final rule, and such request has been 

7 included in an appropriations Act and enacted into law. 

8 With respect to functions transferred by the Indian 

9 Health Service to tribes or tribal organizations, the Indian 

10 Health Service is authorized to provide goods and services 

11 to those entities, on a reimbursable basis, including pay12 ment in advance with subsequent adjustment. The reim13 bursements received therefrom, along with the funds received 

14 from those entities pursuant to the Indian Self-Determina15 tion Act, may be credited to the same or subsequent appro16 priation account which provided the funding. Such 

17 amounts shall remain available until expended. 

18 Reimbursements for training, technical assistance, or 

19 services provided by the Indian Health Service will contain 

20 total costs, including direct, administrative, and overhead 

21 associated with the provision of goods, services, or technical 

22 assistance. 

23 The appropriation structure for the Indian Health 

24 Service may not be altered without the advance approval 

25 of the House and Senate Committees on Appropriations. 
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HR 2691 PP 

1 OTHER RELATED AGENCIES 

2 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of Navajo and 

5 Hopi Indian Relocation as authorized by Public Law 93–

6 531, $13,532,000, to remain available until expended: Pro7 vided, That funds provided in this or any other appropria8 tions Act are to be used to relocate eligible individuals and 

9 groups including evictees from District 6, Hopi-partitioned 

10 lands residents, those in significantly substandard housing, 

11 and all others certified as eligible and not included in the 

12 preceding categories: Provided further, That none of the 

13 funds contained in this or any other Act may be used by 

14 the Office of Navajo and Hopi Indian Relocation to evict 

15 any single Navajo or Navajo family who, as of November 

16 30, 1985, was physically domiciled on the lands partitioned 

17 to the Hopi Tribe unless a new or replacement home is pro18 vided for such household: Provided further, That no 

19 relocatee will be provided with more than one new or re20 placement home: Provided further, That the Office shall re21 locate any certified eligible relocatees who have selected and 

22 received an approved homesite on the Navajo reservation 

23 or selected a replacement residence off the Navajo reserva24 tion or on the land acquired pursuant to 25 U.S.C. 640d–

25 10. 
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1 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

2 CULTURE AND ARTS DEVELOPMENT

3 PAYMENT TO THE INSTITUTE

4 For payment to the Institute of American Indian and 

5 Alaska Native Culture and Arts Development, as authorized 

6 by title XV of Public Law 99–498, as amended (20 U.S.C. 

7 56 part A), $6,250,000, of which $1,000,000 shall remain 

8 available until expended to assist with the Institute’s efforts 

9 to develop a Continuing Education Lifelong Learning Cen10 ter. 

11 SMITHSONIAN INSTITUTION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Smithsonian Institution, 

14 as authorized by law, including research in the fields of art, 

15 science, and history; development, preservation, and docu16 mentation of the National Collections; presentation of pub17 lic exhibits and performances; collection, preparation, dis18 semination, and exchange of information and publications; 

19 conduct of education, training, and museum assistance pro20 grams; maintenance, alteration, operation, lease (for terms 

21 not to exceed 30 years), and protection of buildings, facili22 ties, and approaches; not to exceed $100,000 for services as 

23 authorized by 5 U.S.C. 3109; up to five replacement pas24 senger vehicles; purchase, rental, repair, and cleaning of 

25 uniforms for employees, $487,989,000, of which not to ex-
253

HR 2691 PP 

1 ceed $46,903,000 for the instrumentation program, collec2 tions acquisition, exhibition reinstallation, the National 

3 Museum of the American Indian, and the repatriation of 

4 skeletal remains program shall remain available until ex5 pended; and of which $828,000 for fellowships and scholarly 

6 awards shall remain available until September 30, 2005; 

7 and including such funds as may be necessary to support 

8 American overseas research centers and a total of $125,000 

9 for the Council of American Overseas Research Centers: 

10 Provided, That funds appropriated herein are available for 

11 advance payments to independent contractors performing 

12 research services or participating in official Smithsonian 

13 presentations: Provided further, That the Smithsonian In14 stitution may expend Federal appropriations designated in 

15 this Act for lease or rent payments for long term and swing 

16 space, as rent payable to the Smithsonian Institution, and 

17 such rent payments may be deposited into the general trust 

18 funds of the Institution to the extent that federally sup19 ported activities are housed in the 900 H Street, N.W. 

20 building in the District of Columbia: Provided further, That 

21 this use of Federal appropriations shall not be construed 

22 as debt service, a Federal guarantee of, a transfer of risk 

23 to, or an obligation of, the Federal Government: Provided 

24 further, That no appropriated funds may be used to service 

25 debt which is incurred to finance the costs of acquiring the 
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HR 2691 PP 

1 900 H Street building or of planning, designing, and con2 structing improvements to such building. 

3 FACILITIES CAPITAL

4 For necessary expenses of maintenance, repair, revital5 ization, and alteration of facilities owned or occupied by 

6 the Smithsonian Institution, by contract or otherwise, as 

7 authorized by section 2 of the Act of August 22, 1949 (63 

8 Stat. 623), and for construction, including necessary per9 sonnel, $89,970,000, to remain available until expended, of 

10 which not to exceed $10,000 is for services as authorized 

11 by 5 U.S.C. 3109: Provided, That contracts awarded for 

12 environmental systems, protection systems, and repair or 

13 restoration of facilities of the Smithsonian Institution may 

14 be negotiated with selected contractors and awarded on the 

15 basis of contractor qualifications as well as price: Provided 

16 further, That balances from amounts previously appro17 priated under the headings ‘‘Repair, Restoration and Alter18 ation of Facilities’’ and ‘‘Construction’’ shall be transferred 

19 to and merged with this appropriation and shall remain 

20 available until expended. 

21 ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

22 None of the funds in this or any other Act may be 

23 used to make any changes to the existing Smithsonian 

24 science programs including closure of facilities, relocation 

25 of staff or redirection of functions and programs without 
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HR 2691 PP 

1 approval from the Board of Regents of recommendations re2 ceived from the Science Commission. 

3 None of the funds in this or any other Act may be 

4 used to initiate the design for any proposed expansion of 

5 current space or new facility without consultation with the 

6 House and Senate Appropriations Committees. 

7 None of the funds in this or any other Act may be 

8 used for the Holt House located at the National Zoological 

9 Park in Washington, D.C., unless identified as repairs to 

10 minimize water damage, monitor structure movement, or 

11 provide interim structural support. 

12 None of the funds available to the Smithsonian may 

13 be reprogrammed without the advance written approval of 

14 the House and Senate Committees on Appropriations in ac15 cordance with the procedures contained in House Report 

16 No. 105–163. 

17 NATIONAL GALLERY OF ART

18 SALARIES AND EXPENSES

19 For the upkeep and operations of the National Gallery 

20 of Art, the protection and care of the works of art therein, 

21 and administrative expenses incident thereto, as authorized 

22 by the Act of March 24, 1937 (50 Stat. 51), as amended 

23 by the public resolution of April 13, 1939 (Public Resolu24 tion 9, Seventy-sixth Congress), including services as au25 thorized by 5 U.S.C. 3109; payment in advance when au-
256

HR 2691 PP 

1 thorized by the treasurer of the Gallery for membership in 

2 library, museum, and art associations or societies whose 

3 publications or services are available to members only, or 

4 to members at a price lower than to the general public; pur5 chase, repair, and cleaning of uniforms for guards, and uni6 forms, or allowances therefor, for other employees as author7 ized by law (5 U.S.C. 5901–5902); purchase or rental of 

8 devices and services for protecting buildings and contents 

9 thereof, and maintenance, alteration, improvement, and re10 pair of buildings, approaches, and grounds; and purchase 

11 of services for restoration and repair of works of art for 

12 the National Gallery of Art by contracts made, without ad13 vertising, with individuals, firms, or organizations at such 

14 rates or prices and under such terms and conditions as the 

15 Gallery may deem proper, $85,650,000, of which not to ex16 ceed $3,026,000 for the special exhibition program shall re17 main available until expended. 

18 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

19 For necessary expenses of repair, restoration and ren20 ovation of buildings, grounds and facilities owned or occu21 pied by the National Gallery of Art, by contract or other22 wise, as authorized, $11,600,000, to remain available until 

23 expended: Provided, That contracts awarded for environ24 mental systems, protection systems, and exterior repair or 

25 renovation of buildings of the National Gallery of Art may 
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HR 2691 PP 

1 be negotiated with selected contractors and awarded on the 

2 basis of contractor qualifications as well as price. 

3 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

4 OPERATIONS AND MAINTENANCE

5 For necessary expenses for the operation, maintenance 

6 and security of the John F. Kennedy Center for the Per7 forming Arts, $16,560,000. 

8 CONSTRUCTION

9 For necessary expenses for capital repair and restora10 tion of the existing features of the building and site of the 

11 John F. Kennedy Center for the Performing Arts, 

12 $16,000,000, to remain available until expended. 

13 WOODROW WILSON INTERNATIONAL CENTER FOR

14 SCHOLARS

15 SALARIES AND EXPENSES

16 For expenses necessary in carrying out the provisions 

17 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

18 1356) including hire of passenger vehicles and services as 

19 authorized by 5 U.S.C. 3109, $8,604,000. 

20 NATIONAL FOUNDATION ON THE ARTS AND THE

21 HUMANITIES

22 NATIONAL ENDOWMENT FOR THE ARTS

23 GRANTS AND ADMINISTRATION

24 For necessary expenses to carry out the National Foun25 dation on the Arts and the Humanities Act of 1965, as 
258

HR 2691 PP 

1 amended, $117,480,000, shall be available to the National 

2 Endowment for the Arts for the support of projects and pro3 ductions in the arts through assistance to organizations and 

4 individuals pursuant to sections 5(c) and 5(g) of the Act, 

5 including $17,000,000 for support of arts education and 

6 public outreach activities through the Challenge America 

7 program, for program support, and for administering the 

8 functions of the Act, to remain available until expended: 

9 Provided, That funds previously appropriated to the Na10 tional Endowment for the Arts ‘‘Matching Grants’’ account 

11 and ‘‘Challenge America’’ account may be transferred to 

12 and merged with this account. 

13 NATIONAL ENDOWMENT FOR THE HUMANITIES

14 GRANTS AND ADMINISTRATION

15 For necessary expenses to carry out the National Foun16 dation on the Arts and the Humanities Act of 1965, as 

17 amended, $125,878,000, shall be available to the National 

18 Endowment for the Humanities for support of activities in 

19 the humanities, pursuant to section 7(c) of the Act, and for 

20 administering the functions of the Act, to remain available 

21 until expended. 

22 MATCHING GRANTS

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

24 National Foundation on the Arts and the Humanities Act 

25 of 1965, as amended, $16,122,000, to remain available until 
259

HR 2691 PP 

1 expended, of which $10,436,000 shall be available to the Na2 tional Endowment for the Humanities for the purposes of 

3 section 7(h): Provided, That this appropriation shall be 

4 available for obligation only in such amounts as may be 

5 equal to the total amounts of gifts, bequests, and devises of 

6 money, and other property accepted by the chairman or by 

7 grantees of the Endowment under the provisions of sub8 sections 11(a)(2)(B) and 11(a)(3)(B) during the current 

9 and preceding fiscal years for which equal amounts have 

10 not previously been appropriated. 

11 ADMINISTRATIVE PROVISIONS

12 None of the funds appropriated to the National Foun13 dation on the Arts and the Humanities may be used to 

14 process any grant or contract documents which do not in15 clude the text of 18 U.S.C. 1913: Provided, That none of 

16 the funds appropriated to the National Foundation on the 

17 Arts and the Humanities may be used for official reception 

18 and representation expenses: Provided further, That funds 

19 from nonappropriated sources may be used as necessary for 

20 official reception and representation expenses: Provided fur21 ther, That the Chairperson of the National Endowment for 

22 the Arts may approve grants up to $10,000, if in the aggre23 gate this amount does not exceed 5 percent of the sums ap24 propriated for grant-making purposes per year: Provided 

25 further, That such small grant actions are taken pursuant 
260

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1 to the terms of an expressed and direct delegation of author2 ity from the National Council on the Arts to the Chair3 person. 

4 COMMISSION OF FINE ARTS

5 SALARIES AND EXPENSES

6 For expenses made necessary by the Act establishing 

7 a Commission of Fine Arts (40 U.S.C. 104), $1,422,000: 

8 Provided, That the Commission is authorized to charge fees 

9 to cover the full costs of its publications, and such fees shall 

10 be credited to this account as an offsetting collection, to re11 main available until expended without further appropria12 tion. 

13 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

14 For necessary expenses as authorized by Public Law 

15 99–190 (20 U.S.C. 956(a)), as amended, $6,000,000. 

16 ADVISORY COUNCIL ON HISTORIC PRESERVATION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Advisory Council on His19 toric Preservation (Public Law 89–665, as amended), 

20 $4,000,000: Provided, That none of these funds shall be 

21 available for compensation of level V of the Executive Sched22 ule or higher positions. 
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1 NATIONAL CAPITAL PLANNING COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses, as authorized by the National 

4 Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ5 ing services as authorized by 5 U.S.C. 3109, $8,030,000: 

6 Provided, That for fiscal year 2004 and thereafter, all ap7 pointed members of the Commission will be compensated 

8 at a rate not to exceed the daily equivalent of the annual 

9 rate of pay for positions at level IV of the Executive Sched10 ule for each day such member is engaged in the actual per11 formance of duties. 

12 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

13 HOLOCAUST MEMORIAL MUSEUM

14 For expenses of the Holocaust Memorial Museum, as 

15 authorized by Public Law 106–292 (36 U.S.C. 2301–2310), 

16 $39,997,000, of which $1,900,000 for the museum’s repair 

17 and rehabilitation program and $1,264,000 for the muse18 um’s exhibitions program shall remain available until ex19 pended. 

20 PRESIDIO TRUST

21 PRESIDIO TRUST FUND

22 For necessary expenses to carry out title I of the Omni23 bus Parks and Public Lands Management Act of 1996, 

24 $20,700,000 shall be available to the Presidio Trust, to re25 main available until expended. 
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1 TITLE III—GENERAL PROVISIONS 

2 SEC. 301. The expenditure of any appropriation under 

3 this Act for any consulting service through procurement 

4 contract, pursuant to 5 U.S.C. 3109, shall be limited to 

5 those contracts where such expenditures are a matter of pub6 lic record and available for public inspection, except where 

7 otherwise provided under existing law, or under existing 

8 Executive Order issued pursuant to existing law. 

9 SEC. 302. No part of any appropriation contained in 

10 this Act shall be available for any activity or the publica11 tion or distribution of literature that in any way tends to 

12 promote public support or opposition to any legislative pro13 posal on which congressional action is not complete. 

14 SEC. 303. No part of any appropriation contained in 

15 this Act shall remain available for obligation beyond the 

16 current fiscal year unless expressly so provided herein. 

17 SEC. 304. None of the funds provided in this Act to 

18 any department or agency shall be obligated or expended 

19 to provide a personal cook, chauffeur, or other personal serv20 ants to any officer or employee of such department or agen21 cy except as otherwise provided by law. 

22 SEC. 305. No assessments may be levied against any 

23 program, budget activity, subactivity, or project funded by 

24 this Act unless notice of such assessments and the basis 
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1 therefor are presented to the Committees on Appropriations 

2 and are approved by such committees. 

3 SEC. 306. None of the funds in this Act may be used 

4 to plan, prepare, or offer for sale timber from trees classified 

5 as giant sequoia (Sequoiadendron giganteum) which are lo6 cated on National Forest System or Bureau of Land Man7 agement lands in a manner different than such sales were 

8 conducted in fiscal year 2003. 

9 SEC. 307. (a) LIMITATION OF FUNDS.—None of the 

10 funds appropriated or otherwise made available pursuant 

11 to this Act shall be obligated or expended to accept or proc12 ess applications for a patent for any mining or mill site 

13 claim located under the general mining laws. 

14 (b) EXCEPTIONS.—The provisions of subsection (a) 

15 shall not apply if the Secretary of the Interior determines 

16 that, for the claim concerned: (1) a patent application was 

17 filed with the Secretary on or before September 30, 1994; 

18 and (2) all requirements established under sections 2325 

19 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

20 for vein or lode claims and sections 2329, 2330, 2331, and 

21 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) 

22 for placer claims, and section 2337 of the Revised Statutes 

23 (30 U.S.C. 42) for mill site claims, as the case may be, 

24 were fully complied with by the applicant by that date. 
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1 (c) REPORT.—On September 30, 2004, the Secretary 

2 of the Interior shall file with the House and Senate Com3 mittees on Appropriations and the Committee on Resources 

4 of the House of Representatives and the Committee on En5 ergy and Natural Resources of the Senate a report on ac6 tions taken by the Department under the plan submitted 

7 pursuant to section 314(c) of the Department of the Interior 

8 and Related Agencies Appropriations Act, 1997 (Public 

9 Law 104–208). 

10 (d) MINERAL EXAMINATIONS.—In order to process 

11 patent applications in a timely and responsible manner, 

12 upon the request of a patent applicant, the Secretary of the 

13 Interior shall allow the applicant to fund a qualified third14 party contractor to be selected by the Bureau of Land Man15 agement to conduct a mineral examination of the mining 

16 claims or mill sites contained in a patent application as 

17 set forth in subsection (b). The Bureau of Land Manage18 ment shall have the sole responsibility to choose and pay 

19 the third-party contractor in accordance with the standard 

20 procedures employed by the Bureau of Land Management 

21 in the retention of third-party contractors. 

22 SEC. 308. Notwithstanding any other provision of law, 

23 amounts appropriated to or earmarked in committee re24 ports for the Bureau of Indian Affairs and the Indian 

25 Health Service by Public Laws 103–138, 103–332, 104–
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1 134, 104–208, 105–83, 105–277, 106–113, 106–291, and 

2 107–63, for payments to tribes and tribal organizations for 

3 contract support costs associated with self-determination or 

4 self-governance contracts, grants, compacts, or annual fund5 ing agreements with the Bureau of Indian Affairs or the 

6 Indian Health Service as funded by such Acts, are the total 

7 amounts available for fiscal years 1994 through 2003 for 

8 such purposes, except that, for the Bureau of Indian Affairs, 

9 tribes and tribal organizations may use their tribal priority 

10 allocations for unmet indirect costs of ongoing contracts, 

11 grants, self-governance compacts or annual funding agree12 ments. 

13 SEC. 309. Of the funds provided to the National En14 dowment for the Arts—

15 (1) The Chairperson shall only award a grant to 

16 an individual if such grant is awarded to such indi17 vidual for a literature fellowship, National Heritage 

18 Fellowship, or American Jazz Masters Fellowship. 

19 (2) The Chairperson shall establish procedures to 

20 ensure that no funding provided through a grant, ex21 cept a grant made to a State or local arts agency, or 

22 regional group, may be used to make a grant to any 

23 other organization or individual to conduct activity 

24 independent of the direct grant recipient. Nothing in 
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1 this subsection shall prohibit payments made in ex2 change for goods and services. 

3 (3) No grant shall be used for seasonal support 

4 to a group, unless the application is specific to the 

5 contents of the season, including identified programs 

6 and/or projects. 

7 SEC. 310. The National Endowment for the Arts and 

8 the National Endowment for the Humanities are authorized 

9 to solicit, accept, receive, and invest in the name of the 

10 United States, gifts, bequests, or devises of money and other 

11 property or services and to use such in furtherance of the 

12 functions of the National Endowment for the Arts and the 

13 National Endowment for the Humanities. Any proceeds 

14 from such gifts, bequests, or devises, after acceptance by the 

15 National Endowment for the Arts or the National Endow16 ment for the Humanities, shall be paid by the donor or the 

17 representative of the donor to the Chairman. The Chairman 

18 shall enter the proceeds in a special interest-bearing account 

19 to the credit of the appropriate endowment for the purposes 

20 specified in each case. 

21 SEC. 311. (a) In providing services or awarding finan22 cial assistance under the National Foundation on the Arts 

23 and the Humanities Act of 1965 from funds appropriated 

24 under this Act, the Chairperson of the National Endowment 

25 for the Arts shall ensure that priority is given to providing 
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1 services or awarding financial assistance for projects, pro2 ductions, workshops, or programs that serve underserved 

3 populations. 

4 (b) In this section: 

5 (1) The term ‘‘underserved population’’ means a 

6 population of individuals, including urban minori7 ties, who have historically been outside the purview of 

8 arts and humanities programs due to factors such as 

9 a high incidence of income below the poverty line or 

10 to geographic isolation. 

11 (2) The term ‘‘poverty line’’ means the poverty 

12 line (as defined by the Office of Management and 

13 Budget, and revised annually in accordance with sec14 tion 673(2) of the Community Services Block Grant 

15 Act (42 U.S.C. 9902(2)) (applicable to a family of the 

16 size involved. 

17 (c) In providing services and awarding financial as18 sistance under the National Foundation on the Arts and 

19 Humanities Act of 1965 with funds appropriated by this 

20 Act, the Chairperson of the National Endowment for the 

21 Arts shall ensure that priority is given to providing services 

22 or awarding financial assistance for projects, productions, 

23 workshops, or programs that will encourage public knowl24 edge, education, understanding, and appreciation of the 

25 arts. 
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1 (d) With funds appropriated by this Act to carry out 

2 section 5 of the National Foundation on the Arts and Hu3 manities Act of 1965—

4 (1) the Chairperson shall establish a grant cat5 egory for projects, productions, workshops, or pro6 grams that are of national impact or availability or 

7 are able to tour several States; 

8 (2) the Chairperson shall not make grants ex9 ceeding 15 percent, in the aggregate, of such funds to 

10 any single State, excluding grants made under the 

11 authority of paragraph (1); 

12 (3) the Chairperson shall report to the Congress 

13 annually and by State, on grants awarded by the 

14 Chairperson in each grant category under section 5 of 

15 such Act; and 

16 (4) the Chairperson shall encourage the use of 

17 grants to improve and support community-based 

18 music performance and education. 

19 SEC. 312. No part of any appropriation contained in 

20 this Act shall be expended or obligated to complete and issue 

21 the 5-year program under the Forest and Rangeland Re22 newable Resources Planning Act. 

23 SEC. 313. None of the funds in this Act may be used 

24 to support Government-wide administrative functions un25 less such functions are justified in the budget process and 
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1 funding is approved by the House and Senate Committees 

2 on Appropriations. 

3 SEC. 314. Notwithstanding any other provision of law, 

4 none of the funds in this Act may be used for GSA Tele5 communication Centers. 

6 SEC. 315. Notwithstanding any other provision of law, 

7 for fiscal year 2004 the Secretaries of Agriculture and the 

8 Interior are authorized to limit competition for watershed 

9 restoration project contracts as part of the ‘‘Jobs in the 

10 Woods’’ Program established in Region 10 of the Forest 

11 Service to individuals and entities in historically timber12 dependent areas in the States of Washington, Oregon, north13 ern California, Idaho, Montana, and Alaska that have been 

14 affected by reduced timber harvesting on Federal lands. The 

15 Secretaries shall consider the benefits to the local economy 

16 in evaluating bids and designing procurements which create 

17 economic opportunities for local contractors. 

18 SEC. 316. Amounts deposited during fiscal year 2003 

19 in the roads and trails fund provided for in the 14th para20 graph under the heading ‘‘FOREST SERVICE’’ of the Act 

21 of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall be 

22 used by the Secretary of Agriculture, without regard to the 

23 State in which the amounts were derived, to repair or re24 construct roads, bridges, and trails on National Forest Sys25 tem lands or to carry out and administer projects to im-
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1 prove forest health conditions, which may include the repair 

2 or reconstruction of roads, bridges, and trails on National 

3 Forest System lands in the wildland-community interface 

4 where there is an abnormally high risk of fire. The projects 

5 shall emphasize reducing risks to human safety and public 

6 health and property and enhancing ecological functions, 

7 long-term forest productivity, and biological integrity. The 

8 projects may be completed in a subsequent fiscal year. 

9 Funds shall not be expended under this section to replace 

10 funds which would otherwise appropriately be expended 

11 from the timber salvage sale fund. Nothing in this section 

12 shall be construed to exempt any project from any environ13 mental law. 

14 SEC. 317. Other than in emergency situations, none 

15 of the funds in this Act may be used to operate telephone 

16 answering machines during core business hours unless such 

17 answering machines include an option that enables callers 

18 to reach promptly an individual on-duty with the agency 

19 being contacted. 

20 SEC. 318. No timber sale in Region 10 shall be adver21 tised if the indicated rate is deficit when appraised using 

22 a residual value approach that assigns domestic Alaska val23 ues for western redcedar. Program accomplishments shall 

24 be based on volume sold. Should Region 10 sell, in fiscal 

25 year 2003, the annual average portion of the decadal allow-
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1 able sale quantity called for in the current Tongass Land 

2 Management Plan in sales which are not deficit when ap3 praised using a residual value approach that assigns do4 mestic Alaska values for western redcedar, all of the western 

5 redcedar timber from those sales which is surplus to the 

6 needs of domestic processors in Alaska, shall be made avail7 able to domestic processors in the contiguous 48 United 

8 States at prevailing domestic prices. Should Region 10 sell, 

9 in fiscal year 2003, less than the annual average portion 

10 of the decadal allowable sale quantity called for in the 

11 Tongass Land Management Plan in sales which are not def12 icit when appraised using a residual value approach that 

13 assigns domestic Alaska values for western redcedar, the vol14 ume of western redcedar timber available to domestic proc15 essors at prevailing domestic prices in the contiguous 48 

16 United States shall be that volume: (i) which is surplus to 

17 the needs of domestic processors in Alaska, and (ii) is that 

18 percent of the surplus western redcedar volume determined 

19 by calculating the ratio of the total timber volume which 

20 has been sold on the Tongass to the annual average portion 

21 of the decadal allowable sale quantity called for in the cur22 rent Tongass Land Management Plan. The percentage shall 

23 be calculated by Region 10 on a rolling basis as each sale 

24 is sold (for purposes of this amendment, a ‘‘rolling basis’’ 

25 shall mean that the determination of how much western 
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1 redcedar is eligible for sale to various markets shall be made 

2 at the time each sale is awarded). Western redcedar shall 

3 be deemed ‘‘surplus to the needs of domestic processors in 

4 Alaska’’ when the timber sale holder has presented to the 

5 Forest Service documentation of the inability to sell western 

6 redcedar logs from a given sale to domestic Alaska proc7 essors at a price equal to or greater than the log selling 

8 value stated in the contract. All additional western redcedar 

9 volume not sold to Alaska or contiguous 48 United States 

10 domestic processors may be exported to foreign markets at 

11 the election of the timber sale holder. All Alaska yellow 

12 cedar may be sold at prevailing export prices at the election 

13 of the timber sale holder. 

14 SEC. 319. A project undertaken by the Forest Service 

15 under the Recreation Fee Demonstration Program as au16 thorized by section 315 of the Department of the Interior 

17 and Related Agencies Appropriations Act for Fiscal Year 

18 1996, as amended, shall not result in—

19 (1) displacement of the holder of an authoriza20 tion to provide commercial recreation services on Fed21 eral lands. Prior to initiating any project, the Sec22 retary shall consult with potentially affected holders 

23 to determine what impacts the project may have on 

24 the holders. Any modifications to the authorization 
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1 shall be made within the terms and conditions of the 

2 authorization and authorities of the impacted agency; 

3 (2) the return of a commercial recreation service 

4 to the Secretary for operation when such services have 

5 been provided in the past by a private sector pro6 vider, except when—

7 (A) the private sector provider fails to bid 

8 on such opportunities; 

9 (B) the private sector provider terminates 

10 its relationship with the agency; or 

11 (C) the agency revokes the permit for non12 compliance with the terms and conditions of the 

13 authorization. 

14 In such cases, the agency may use the Recreation Fee Dem15 onstration Program to provide for operations until a subse16 quent operator can be found through the offering of a new 

17 prospectus. 

18 SEC. 320. Prior to October 1, 2004, the Secretary of 

19 Agriculture shall not be considered to be in violation of sub20 paragraph 6(f)(5)(A) of the Forest and Rangeland Renew21 able Resources Planning Act of 1974 (16 U.S.C. 

22 1604(f)(5)(A)) solely because more than 15 years have 

23 passed without revision of the plan for a unit of the Na24 tional Forest System. Nothing in this section exempts the 

25 Secretary from any other requirement of the Forest and 
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1 Rangeland Renewable Resources Planning Act (16 U.S.C. 

2 1600 et seq.) or any other law: Provided, That if the Sec3 retary is not acting expeditiously and in good faith, within 

4 the funding available, to revise a plan for a unit of the 

5 National Forest System, this section shall be void with re6 spect to such plan and a court of proper jurisdiction may 

7 order completion of the plan on an accelerated basis. 

8 SEC. 321. No funds provided in this Act may be ex9 pended to conduct preleasing, leasing and related activities 

10 under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

11 or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

12 et seq.) within the boundaries of a National Monument es13 tablished pursuant to the Act of June 8, 1906 (16 U.S.C. 

14 431 et seq.) as such boundary existed on January 20, 2001, 

15 except where such activities are allowed under the Presi16 dential proclamation establishing such monument. 

17 SEC. 322. Employees of the foundations established by 

18 Acts of Congress to solicit private sector funds on behalf 

19 of Federal land management agencies shall, in fiscal year 

20 2005, qualify for General Service Administration contract 

21 airfares. 

22 SEC. 323. In entering into agreements with foreign 

23 countries pursuant to the Wildfire Suppression Assistance 

24 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

25 the Secretary of the Interior are authorized to enter into 
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1 reciprocal agreements in which the individuals furnished 

2 under said agreements to provide wildfire services are con3 sidered, for purposes of tort liability, employees of the coun4 try receiving said services when the individuals are engaged 

5 in fire suppression: Provided, That the Secretary of Agri6 culture or the Secretary of the Interior shall not enter into 

7 any agreement under this provision unless the foreign coun8 try (either directly or through its fire organization) agrees 

9 to assume any and all liability for the acts or omissions 

10 of American firefighters engaged in firefighting in a foreign 

11 country: Provided further, That when an agreement is 

12 reached for furnishing fire fighting services, the only rem13 edies for acts or omissions committed while fighting fires 

14 shall be those provided under the laws of the host country, 

15 and those remedies shall be the exclusive remedies for any 

16 claim arising out of fighting fires in a foreign country: Pro17 vided further, That neither the sending country nor any 

18 legal organization associated with the firefighter shall be 

19 subject to any legal action whatsoever pertaining to or aris20 ing out of the firefighter’s role in fire suppression. 

21 SEC. 324. A grazing permit or lease issued by the Sec22 retary of the Interior or a grazing permit issued by the Sec23 retary of Agriculture where National Forest System lands 

24 are involved that expires, is transferred, or waived during 

25 fiscal years 2004–2008 shall be renewed under section 402 
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1 of the Federal Land Policy and Management Act of 1976, 

2 as amended (43 U.S.C. 1752), section 19 of the Granger3 Thye Act, as amended (16 U.S.C. 5801), title III of the 

4 Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.), 

5 or, if applicable, section 510 of the California Desert Protec6 tion Act (16 U.S.C. 410aaa–50). The terms and conditions 

7 contained in the expired, transferred, or waived permit or 

8 lease shall continue in effect under the renewed permit or 

9 lease until such time as the Secretary of the Interior or Sec10 retary of Agriculture as appropriate completes processing 

11 of such permit or lease in compliance with all applicable 

12 laws and regulations, at which time such permit or lease 

13 may be canceled, suspended or modified, in whole or in 

14 part, to meet the requirements of such applicable laws and 

15 regulations. Nothing in this section shall be deemed to alter 

16 the statutory authority of the Secretary of the Interior or 

17 the Secretary of Agriculture: Provided, That where National 

18 Forest System lands are involved and the Secretary of Agri19 culture has renewed an expired or waived grazing permit 

20 prior to or during fiscal year 2004, the terms and condi21 tions of the renewed grazing permit shall remain in effect 

22 until such time as the Secretary of Agriculture completes 

23 processing of the renewed permit in compliance with all ap24 plicable laws and regulations or until the expiration of the 

25 renewed permit, whichever comes first. Upon completion of 
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1 the processing, the permit may be canceled, suspended or 

2 modified, in whole or in part, to meet the requirements of 

3 applicable laws and regulations: Provided further, That be4 ginning in November 2004, and every year thereafter, the 

5 Secretaries of the Interior and Agriculture shall report to 

6 Congress the extent to which they are completing analysis 

7 required under applicable laws prior to the expiration of 

8 grazing permits, and beginning in May 2004, and two 

9 years thereafter, the Secretaries shall provide Congress rec10 ommendations for legislative provisions necessary to ensure 

11 all permit renewals are completed in a timely manner. The 

12 legislative recommendations provided shall be consistent 

13 with the funding levels requested in the Secretaries’ budget 

14 proposals: Provided further, That notwithstanding section 

15 504 of the Rescissions Act (109 Stat. 212), the Secretaries 

16 in their sole discretion determine the priority and timing 

17 for completing required environmental analysis of grazing 

18 allotments based on the environmental significance of the 

19 allotments and funding available to the Secretaries for this 

20 purpose. 

21 SEC. 325. Notwithstanding any other provision of law 

22 or regulation, to promote the more efficient use of the health 

23 care funding allocation for fiscal year 2004, the Eagle Butte 

24 Service Unit of the Indian Health Service, at the request 

25 of the Cheyenne River Sioux Tribe, may pay base salary 
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1 rates to health professionals up to the highest grade and 

2 step available to a physician, pharmacist, or other health 

3 professional and may pay a recruitment or retention bonus 

4 of up to 25 percent above the base pay rate. 

5 SEC. 326. None of the funds made available in this 

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government except pur8 suant to a transfer made by, or transfer authority provided 

9 in, this Act or any other appropriations Act. 

10 SEC. 327. None of the funds made available in this 

11 Act may be used for the planning, design, or construction 

12 of improvements to Pennsylvania Avenue in front of the 

13 White House without the advance approval of the Commit14 tees on Appropriations. 

15 SEC. 328. In awarding a Federal Contract with funds 

16 made available by this Act, the Secretary of Agriculture and 

17 the Secretary of the Interior (the ‘‘Secretaries’’) may, in 

18 evaluating bids and proposals, give consideration to local 

19 contractors who are from, and who provide employment 

20 and training for, dislocated and displaced workers in an 

21 economically disadvantaged rural community, including 

22 those historically timber-dependent areas that have been af23 fected by reduced timber harvesting on Federal lands and 

24 other forest-dependent rural communities isolated from sig25 nificant alternative employment opportunities: Provided, 
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1 That the Secretaries may award grants or cooperative 

2 agreements to local non-profit entities, Youth Conservation 

3 Corps or related partnerships with State, local or non-profit 

4 youth groups, or small or disadvantaged business: Provided 

5 further, That the contract, grant, or cooperative agreement 

6 is for forest hazardous fuels reduction, watershed or water 

7 quality monitoring or restoration, wildlife or fish popu8 lation monitoring, or habitat restoration or management: 

9 Provided further, That the terms ‘‘rural community’’ and 

10 ‘‘economically disadvantaged’’ shall have the same mean11 ings as in section 2374 of Public Law 101–624: Provided 

12 further, That the Secretaries shall develop guidance to im13 plement this section: Provided further, That nothing in this 

14 section shall be construed as relieving the Secretaries of any 

15 duty under applicable procurement laws, except as provided 

16 in this section. 

17 SEC. 329. LOCAL EXEMPTIONS FROM FOREST SERV18 ICE DEMONSTRATION PROGRAM FEES. Section 6906 of Title 

19 31, United States Code, is amended—

20 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

21 ‘‘Necessary’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(b) LOCAL EXEMPTIONS FROM DEMONSTRATION

24 PROGRAM FEES.—
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1 ‘‘(1) IN GENERAL.—Each unit of general local 

2 government that lies in whole or in part within the 

3 White Mountain National Forest and persons residing 

4 within the boundaries of that unit of general local 

5 government shall be exempt during that fiscal year 

6 from any requirement to pay a Demonstration Pro7 gram Fee (parking permit or passport) imposed by 

8 the Secretary of Agriculture for access to the Forest. 

9 ‘‘(2) ADMINISTRATION.—The Secretary of Agri10 culture shall establish a method of identifying persons 

11 who are exempt from paying user fees under para12 graph (1). This method may include valid form of 

13 identification including a drivers license.’’. 

14 SEC. 330. IMPLEMENTATION OF GALLATIN LAND CON15 SOLIDATION ACT OF 1998. (a) DEFINITIONS.—For purposes 

16 of this section: 

17 (1) ‘‘Gallatin Land Consolidation Act of 1998’’ 

18 means Public Law 105–267 (112 Stat. 2371). 

19 (2) ‘‘Option Agreement’’ has the same meaning 

20 as defined in section 3(6) of the Gallatin Land Con21 solidation Act of 1998. 

22 (3) ‘‘Secretary’’ means the Secretary of Agri23 culture. 

24 (4) ‘‘Excess receipts’’ means National Forest 

25 Fund receipts from the National Forests in Montana, 
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1 which are identified and adjusted by the Forest Serv2 ice within the fiscal year, and which are in excess of 

3 funds retained for: the Salvage Sale Fund; the 

4 Knutson-Vandenberg Fund; the Purchaser Road/Spec5 ified Road Credits; the Twenty-Five Percent Fund, as 

6 amended; the Ten Percent Road and Trail Fund; the 

7 Timber Sale Pipeline Restoration Fund; the Fifty 

8 Percent Grazing Class A Receipts Fund; and the 

9 Land and Water Conservation Fund Recreation User 

10 Fees Receipts—Class A Fund. 

11 (5) ‘‘Special Account’’ means the special account 

12 referenced in section 4(c)(2) of the Gallatin Land 

13 Consolidation Act of 1998. 

14 (6) ‘‘Eastside National Forests’’ has the same 

15 meaning as in section 3(4) of the Gallatin Land Con16 solidation Act of 1998. 

17 (b) SPECIAL ACCOUNT.—

18 (1) The Secretary is authorized and directed, 

19 without further appropriation or reprogramming of 

20 funds, to transfer to the Special Account these enu21 merated funds and receipts in the following order: 

22 (A) timber sale receipts from the Gallatin 

23 National Forest and other Eastside National 

24 Forests, as such receipts are referenced in section 
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1 4(a)(2)(C) of the Gallatin Land Consolidation 

2 Act of 1998; 

3 (B) any available funds heretofore appro4 priated for the acquisition of lands for National 

5 Forest purposes in the State of Montana through 

6 fiscal year 2003; 

7 (C) net receipts from the conveyance of 

8 lands on the Gallatin National Forest as author9 ized by subsection (c); and, 

10 (D) excess receipts for fiscal years 2003 

11 through 2008. 

12 (2) All funds in the Special Account shall be 

13 available to the Secretary until expended, without 

14 further appropriation, and will be expended prior to 

15 the end of fiscal year 2008 for the following purposes: 

16 (A) the completion of the land acquisitions 

17 authorized by the Gallatin Land Consolidation 

18 Act of 1998 and fulfillment of the Option Agree19 ment, as may be amended from time to time; 

20 and, 

21 (B) the acquisition of lands for which ac22 quisition funds were transferred to the Special 

23 Account pursuant to subsection (b)(1)(B). 

24 (3) The Special Account shall be closed at the 

25 end of fiscal year 2008 and any monies remaining in 
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1 the Special Account shall be transferred to the fund 

2 established under Public Law 90–171 (commonly 

3 known as the ‘‘Sisk Act’’, 16 U.S.C. § 484a) to re4 main available, until expended, for the acquisition of 

5 lands for National Forest purposes in the State of 

6 Montana. 

7 (4) Funds deposited in the Special Account or el8 igible for deposit shall not be subject to transfer or re9 programming for wildland fire management or any 

10 other emergency purposes. 

11 (c) LAND CONVEYANCES WITHIN THE GALLATIN NA12 TIONAL FOREST.—

13 (1) CONVEYANCE AUTHORITY.—The Secretary is 

14 authorized, under such terms and conditions as the 

15 Secretary may prescribe and without requirements for 

16 further administrative or environmental analyses or 

17 examination, to sell or exchange any or all rights, 

18 title, and interests of the United States in the fol19 lowing lands within the Gallatin National Forest in 

20 the State of Montana: 

21 (A) SMC East Boulder Mine Portal Tract: 

22 Principal Meridian, T.3S., R.11E., Section 4, 

lots 3 to 4 inclusive, W1⁄2SE1⁄4NW1 23 ⁄4, containing 

24 76.27 acres more or less. 
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1 (B) Forest Service West Yellowstone Admin2 istrative Site: U.S. Forest Service Administrative Site located within the NE1 3 ⁄4 of Block 17 of 

4 the Townsite of West Yellowstone which is situated in the N1 5 ⁄2 of Section 34, T.13S., R.5E., 

6 Principal Meridian, Gallatin County, Montana, 

7 containing 1.04 acres more or less. 

8 (C) Mill Fork Mission Creek Tract: Prin9 cipal Meridian, T.13S., R.5E., Section 34, 

NW1⁄4SW1 10 ⁄4, containing 40 acres more or less. 

11 (D) West Yellowstone Town Expansion 

12 Tract #1: Principal Meridian, T.13S., R.5E., 

Section 33, E1⁄2E1⁄2NE1 13 ⁄4, containing 40 acres 

14 more or less. 

15 (E) West Yellowstone Town Expansion 

16 Tract #2: Principal Meridian, T.13S., R.5E., 

Section 33, NE1⁄4SE1 17 ⁄4, containing 40 acres 

18 more or less. 

19 (2) DESCRIPTIONS.—The Secretary may modify 

20 the descriptions in subsection (c)(1) to correct errors 

21 or to reconfigure the properties in order to facilitate 

22 a conveyance. 

23 (3) CONSIDERATION.—Consideration for a sale 

24 or exchange of land under this subsection may include 

25 cash, land, or a combination of both. 
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1 (4) VALUATION.—Any appraisals of land deemed 

2 necessary or desirable by the Secretary to carry out 

3 the purposes of this section shall conform to the Uni4 form Appraisal Standards for Federal Land Acquisi5 tions. 

6 (5) CASH EQUALIZATION.—Notwithstanding any 

7 other provision of law, the Secretary may accept a 

8 cash equalization payment in excess of 25 percent of 

9 the value of any land exchanged under this sub10 section. 

11 (6) SOLICITATIONS OF OFFERS.—The Secretary 

12 may: 

13 (A) solicit offers for sale or exchange of land 

14 under this subsection on such terms and condi15 tions as the Secretary may prescribe, or 

16 (B) reject any offer made under this sub17 section if the Secretary determines that the offer 

18 is not adequate or not in the public interest. 

19 (7) METHODS OF SALE.—The Secretary may sell 

20 land at public or private sale, including competitive 

21 sale by auction, bid, or otherwise, in accordance with 

22 such terms, conditions, and procedures as the Sec23 retary determines will be in the best interests of the 

24 United States. 
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1 (8) BROKERS.—The Secretary may utilize bro2 kers or other third parties in the disposition of the 

3 land authorized by this subsection and, from the pro4 ceeds of the sale, may pay reasonable commissions or 

5 fees on the sale or sales. 

6 (9) RECEIPTS FROM SALE OR EXCHANGE.—The 

7 Secretary shall deposit the net receipts of a sale or ex8 change under this subsection in the Special Account. 

9 (d) MISCELLANEOUS PROVISIONS.—

10 (1) Receipts from any sale or exchange pursuant 

11 to subsection (c) of this section: 

12 (A) shall not be deemed excess receipts for 

13 purposes of this section; 

14 (B) shall not be paid or distributed to the 

15 State or counties under any provision of law, or 

16 otherwise deemed as moneys received from the 

17 National Forest for purposes of the Act of May 

18 23, 1908 or the Act of March 1, 1911 (16 U.S.C. 

19 § 500, as amended), or the Act of March 4, 1913 

20 (16 U.S.C. § 501, as amended). 

21 (2) As of the date of enactment of this section, 

22 any public land order withdrawing land described in 

23 subsection (c)(1) from all forms of appropriation 

24 under the public land laws is revoked with respect to 
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1 any portion of the land conveyed by the Secretary 

2 under this section. 

3 (3) Subject to valid existing rights, all lands de4 scribed in section (c)(1) are withdrawn from location, 

5 entry, and patent under the mining laws of the 

6 United States. 

7 (4) The Agriculture Property Management Regu8 lations shall not apply to any action taken pursuant 

9 to this section. 

10 (e) OPTION AGREEMENT AMENDMENT.—The Amend11 ment No. 1 to the Option Agreement is hereby ratified as 

12 a matter of Federal law and the parties to it are authorized 

13 to effect the terms and conditions thereof. 

14 SEC. 331. TRANSFER OF FOREST LEGACY PROGRAM

15 LAND. Section 7(l) of the Cooperative Forestry Assistance 

16 Act of 1978 (16 U.S.C. 2103c(l)) is amended by inserting 

17 after paragraph (2) the following: 

18 ‘‘(3) TRANSFER OF FOREST LEGACY PROGRAM

19 LAND.—

20 ‘‘(A) IN GENERAL.—Subject to any terms 

21 and conditions that the Secretary may require 

22 (including the requirements described in sub23 paragraph (B)), the Secretary may, at the re24 quest of a participating State, convey to the 

25 State, by quitclaim deed, without consideration, 
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1 any land or interest in land acquired in the 

2 State under the Forest Legacy Program. 

3 ‘‘(B) REQUIREMENTS.—In conveying land 

4 or an interest in land under subparagraph (A), 

5 the Secretary may require that—

6 ‘‘(i) the deed conveying the land or in7 terest in land include requirements for the 

8 management of the land in a manner 

9 that—

10 ‘‘(I) conserves the land or interest 

11 in land; and 

12 ‘‘(II) is consistent with any other 

13 Forest Legacy Program purposes for 

14 which the land or interest in land was 

15 acquired; 

16 ‘‘(ii) if the land or interest in land is 

17 subsequently sold, exchanged, or otherwise 

18 disposed of by the State, the State shall—

19 ‘‘(I) reimburse the Secretary in 

20 an amount that is based on the current 

21 market value of the land or interest in 

22 land in proportion to the amount of 

23 consideration paid by the United 

24 States for the land or interest in land; 

25 or 
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1 ‘‘(II) convey to the Secretary land 

2 or an interest in land that is equal in 

3 value to the land or interest in land 

4 conveyed. 

5 ‘‘(C) DISPOSITION OF FUNDS.—Amounts re6 ceived by the Secretary under subparagraph 

7 (B)(ii) shall be credited to the Forest Legacy 

8 Program account, to remain available until ex9 pended.’’. 

10 SEC. 332. Notwithstanding section 9(b) of Public Law 

11 106–506, funds hereinafter appropriated under Public Law 

12 106–506 shall require matching funds from non-Federal 

13 sources on the basis of aggregate contribution to the Envi14 ronmental Improvement Program, as defined in Public 

15 Law 106–506, rather than on a project-by-project basis, ex16 cept for those activities provided under section 9(c) of that 

17 Act, to which this amendment shall not apply. 

18 SEC. 333. Any application for judicial review of a 

19 Record of Decision for any timber sale in Region 10 of the 

20 Forest Service that had a Notice of Intent prepared on or 

21 before January 1, 2003 shall—

22 (1) be filed in the Alaska District of the Federal 

23 District Court within 30 days after exhaustion of the 

24 Forest Service administrative appeals process (36 

25 C.F.R. 215) or within 30 days of enactment of this 
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1 Act if the administrative appeals process has been ex2 hausted prior to enactment of this Act, and the Forest 

3 Service shall strictly comply with the schedule for 

4 completion of administrative action; 

5 (2) be completed and a decision rendered by the 

6 court not later than 180 days from the date such re7 quest for review is filed; if a decision is not rendered 

8 by the court within 180 days as required by this sub9 section, the Secretary of Agriculture shall petition the 

10 court to proceed with the action. 

11 SEC. 334. (a) IN GENERAL.—Notwithstanding any 

12 other provision of law, the Secretary of Agriculture may 

13 cancel, with the consent of the timber purchaser, any con14 tract for the sale of timber in Alaska if—

15 (1) the Secretary determines, in the Secretary’s 

16 sole discretion, that the sale is uneconomical to per17 form; and 

18 (2) the timber purchaser agrees to—

19 (A) terminate its rights under the contract; 

20 and 

21 (B) release the United States from all liabil22 ity, including further consideration or compensa23 tion resulting from such cancellation. 

24 (b) EFFECT OF CANCELLATION.—
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1 (1) IN GENERAL.—The United States shall not 

2 surrender any claim against a timber purchaser that 

3 arose under a contract before cancellation under this 

4 section not in connection with the cancellation. 

5 (2) LIMITATION.—Cancellation of a contract 

6 under this section shall release the timber purchaser 

7 from liability for any damages resulting from can8 cellation of such contract. 

9 (c) TIMBER AVAILABLE FOR RESALE.—Timber in10 cluded in a contract cancelled under this section shall be 

11 available for resale by the Secretary of Agriculture. 

12 SEC. 335. Funds appropriated for the Green Mountain 

13 National Forest previously or in this Act may be used for 

14 the acquisition of lands in the Blueberry Lake area. 

15 SEC. 336. ELECTRIC THERMAL STORAGE TECH16 NOLOGY. Section 412(9) of the Energy Conservation in Ex17 isting Buildings Act of 1976 (42 U.S.C. 6862(9)) is amend18 ed—

19 (1) in subparagraph (I), by striking ‘‘and’’ at 

20 the end; 

21 (2) by redesignating subparagraph (J) as sub22 paragraph (K); and 

23 (3) by inserting after subparagraph (I) the fol24 lowing: 
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1 ‘‘(J) electric thermal storage technology; 

2 and’’. 

3 SEC. 337. ZORTMAN/LANDUSKY MINE RECLAMATION

4 TRUST FUND. (a) ESTABLISHMENT.—There is established 

5 in the Treasury of the United States a fund to be known 

6 as the ‘‘Zortman/Landusky Mine Reclamation Trust Fund’’ 

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

8 (b) DEPOSIT.—For the fiscal year during which this 

9 Act is enacted and each fiscal year thereafter until the ag10 gregate amount deposited in the Fund under this subsection 

11 is equal to at least $22,500,000, the Secretary of the Treas12 ury shall deposit $2,250,000 in the Fund. 

13 (c) INVESTMENTS.—The Secretary of the Treasury 

14 shall invest the amounts deposited under subsection (b) only 

15 in interest-bearing obligations of the United States or in 

16 obligations guaranteed by the United States as to both prin17 cipal and interest. 

18 (d) PAYMENTS.—

19 (1) IN GENERAL.—All amounts credited as inter20 est under subsection (c) may be available, without fis21 cal year limitation, to the State of Montana for use 

22 in accordance with paragraph (3) after the Fund has 

23 been fully capitalized. 

24 (2) WITHDRAWAL AND TRANSFER OF FUNDS.—

25 The Secretary of the Treasury shall withdraw 
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1 amounts credited as interest under paragraph (1) and 

2 transfer the amounts to the State of Montana for use 

3 as State funds in accordance with paragraph (3) 

4 after the Fund has been fully capitalized. 

5 (3) USE OF TRANSFERRED FUNDS.—The State of 

6 Montana shall use the amounts transferred under 

7 paragraph (2) only to supplement funding available 

8 from the State Administered ‘‘Zortman/Landusky 

9 Long-Term Water Treatment Trust Fund’’ to fund 

10 annual operation and maintenance costs for water 

11 treatment related to the Zortman/Landusky mine site 

12 and reclamation areas. 

13 (e) TRANSFERS AND WITHDRAWALS.—The Sec14 retary of the Treasury may not transfer or withdraw 

15 any amount deposited under subsection (b). 

16 (f) ADMINISTRATIVE EXPENSES.—There are au17 thorized to be appropriated to the Secretary of the 

18 Treasury such sums as are necessary to pay the ad19 ministrative expenses of the Fund. 

20 SEC. 338. LAKE TAHOE RESTORATION PROJECTS. Sec21 tion 4(e)(3)(A) of the Southern Nevada Public Land Man22 agement Act of 1998 (112 Stat. 2346; 116 Stat. 2007) is 

23 amended—

24 (1) in clause (v), by striking ‘‘and’’ at the end; 
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1 (2) by redesignating clause (vi) as clause (vii); 

2 and 

3 (3) by inserting after clause (v) the following: 

4 ‘‘(vi) environmental restoration 

5 projects under sections 6 and 7 of the Lake 

6 Tahoe Restoration Act (114 Stat. 2354) and 

7 environmental improvement payments 

8 under section 2(g) of Public Law 96–586 

9 (94 Stat. 3382), in an amount equal to the 

10 cumulative amounts authorized to be appro11 priated for such projects under those Acts 

12 and in accordance with a revision to the 

13 Southern Nevada Public Land Management 

14 Act of 1998 Implementation Agreement to 

15 implement this section, which shall include 

16 a mechanism to ensure appropriate stake17 holders from the States of California and 

18 Nevada participate in the process to rec19 ommend projects for funding; and’’. 

20 SEC. 339. ACQUISITION OF LAND IN NYE COUNTY, NE21 VADA. (a) IN GENERAL.—Subject to subsection (c), the Sec22 retary of the Interior (referred to in this section as the ‘‘Sec23 retary’’) may acquire by donation all right, title, and inter24 est in and to the parcel of land (including improvements 

25 to the land) described in subsection (b). 
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1 (b) DESCRIPTION OF LAND.—The land referred to in 

2 subsection (a) is the parcel of land in Nye County, Ne3 vada—

4 (1) consisting of not more than 15 acres; 

5 (2) comprising a portion of Tract 37 located 

6 north of the center line of Nevada State Highway 374; 

7 and 

(3) located in the E1⁄2NW1⁄4, NW1⁄4NE1 8 ⁄4 sec. 22, 

9 T. 12 S., R. 46 E., Mount Diablo Base and Meridian. 

10 (c) CONDITIONS.—

11 (1) IN GENERAL.—The Secretary shall not accept 

12 for donation under subsection (a) any land or struc13 ture if the Secretary determines that the land or 

14 structure, or a portion of the land or structure, has 

15 or or may be contaminated with—

16 (A) hazardous substances, pollutants, or 

17 contaminants, as defined in section 101 of the 

18 Comprehensive Environmental Response, Com19 pensation, and Liability Act of 1980 (42 U.S.C. 

20 9601); or 

21 (B) any petroleum substance, fraction, or 

22 derivative. 

23 (2) CERTIFICATION.—Before accepting a dona24 tion of land under subsection (a), the Secretary shall 
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1 certify that any structures on the land to be do2 nated—

3 (A) meet all applicable building code re4 quirements, as determined by an independent 

5 contractor; and 

6 (B) are in good condition, as determined by 

7 the Director of the National Park Service. 

8 (d) USE OF LAND.—The parcel of land acquired under 

9 subsection (a) shall be used by the Secretary for the develop10 ment, operation, and maintenance of administrative and 

11 visitor facilities for Death Valley National Park. 

12 SEC. 340. Section 301 of the Energy Policy Act of 1992 

13 (42 U.S.C. 13211) is amended—

14 (1) by striking ‘‘or a dual fueled vehicle’’ at the 

15 end of subparagraph (3) and inserting ‘‘, a dual 

16 fueled vehicle, or a neighborhood electric vehicle’’; 

17 (2) by striking ‘‘and’’ at the end of subpara18 graph (13); 

19 (3) by striking the period at the end of subpara20 graph (14) and inserting ‘‘; and’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(15) the term ‘neighborhood electric vehicle’ 

23 means a motor vehicle that qualifies as both—
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1 ‘‘(A) a low-speed vehicle, as such term is de2 fined in section 571.3(b) of title 49, Code of Fed3 eral Regulations; and 

4 ‘‘(B) a zero-emission vehicle, as such term is 

5 defined in section 86.1702–99 of title 40, Code of 

6 Federal Regulations.’’. 

7 SEC. 341. CONVEYANCE TO THE CITY OF LAS VEGAS, 

8 NEVADA. Section 705(b) of the Clark County Conservation 

9 of Public Land and Natural Resources Act of 2002 (116 

10 Stat. 2015) is amended by striking ‘‘parcels of land’’ and 

11 all that follows through the period at the end and inserting 

12 the following: ‘‘parcel of land identified as ‘Tract C’ on the 

13 map and the approximately 10 acres of land in Clark 

County, Nevada, described as follows: in the NW1⁄4 SE1 14 ⁄4

SW1 15 ⁄4 of section 28, T. 20 S., R. 60 E., Mount Diablo Base 

16 and Meridian.’’. 

17 SEC. 342. NORTHEAST HOME HEATING OIL RESERVE

18 REPORT. Not later than December 1, 2003, the Secretary 

19 of Energy shall submit to the Committee on Energy and 

20 Natural Resources of the Senate and the Committee on Re21 sources of the House of Representatives a report that—

22 (1) describes—

23 (A) the various scenarios under which the 

24 Northeast Home Heating Oil Reserve may be 

25 used; and 
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1 (B) the underlying assumptions for each of 

2 the scenarios; and 

3 (2) includes recommendations for alternative for4 mulas to determine supply disruption. 

5 SEC. 343. CONGAREE SWAMP NATIONAL MONUMENT

6 BOUNDARY REVISION. The first section of Public Law 94–

7 545 (90 Stat. 2517; 102 Stat. 2607) is amended—

8 (1) in subsection (b), by striking the last sen9 tence; and 

10 (2) by adding at the end the following: 

11 ‘‘(c) ACQUISITION OF ADDITIONAL LAND.—

12 ‘‘(1) IN GENERAL.—The Secretary may acquire 

13 by donation, by purchase from a willing seller with 

14 donated or appropriated funds, by transfer, or by ex15 change, land or an interest in land described in para16 graph (2) for inclusion in the monument. 

17 ‘‘(2) DESCRIPTION OF LAND.—The land referred 

18 to in paragraph (1) is the approximately 4,576 acres 

19 of land adjacent to the Monument, as depicted on the 

20 map entitled ‘‘Congaree National Park Boundary 

21 Map’’, numbered 178/80015, and dated August 2003. 

22 ‘‘(3) AVAILABILITY OF MAP.—The map referred 

23 to in paragraph (2) shall be on file and available for 

24 public inspection in the appropriate offices of the Na25 tional Park Service. 
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1 ‘‘(4) BOUNDARY REVISION.—On acquisition of 

2 the land or an interest in land under paragraph (1), 

3 the Secretary shall revise the boundary of the monu4 ment to reflect the acquisition. 

5 ‘‘(5) ADMINISTRATION.—Any land acquired by 

6 the Secretary under paragraph (1) shall be adminis7 tered by the Secretary as part of the monument. 

8 ‘‘(6) EFFECT.—Nothing in this section—

9 ‘‘(A) affects the use of private land adjacent 

10 to the monument; 

11 ‘‘(B) preempts the authority of the State 

12 with respect to the regulation of hunting, fishing, 

13 boating, and wildlife management on private 

14 land or water outside the boundaries of the 

15 monument; or 

16 ‘‘(C) negatively affects the economic develop17 ment of the areas surrounding the monument. 

18 ‘‘(d) ACREAGE LIMITATION.—The total acreage of the 

19 monument shall not exceed 26,776 acres.’’. 

20 SEC. 344. Section 104 (16 U.S.C. 1374) is amended 

21 in subsection (c)(5)(D) by striking ‘‘the date of the enact22 ment of the Marine Mammal Protection Act Amendments 

23 of 1994’’ and inserting ‘‘February 18, 1997’’. 
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1 SEC. 345. The business size restrictions for the rural 

2 business enterprise grants for Oakridge, Oregon do not 

3 apply. 

4 TITLE IV—WILDLAND FIRE EMERGENCY 

5 APPROPRIATIONS 

6 DEPARTMENT OF THE INTERIOR 

7 BUREAU OF LAND MANAGEMENT

8 WILDLAND FIRE MANAGEMENT

9 For necessary expenses to repay advances from other 

10 appropriations transferred in fiscal year 2003 for emer11 gency rehabilitation and wildfire suppression activities of 

12 the Department of the Interior, $75,000,000 to remain 

13 available until expended: Provided, That the entire amount 

14 is designated by the Congress as an emergency requirement 

15 pursuant to section 502 of House Concurrent Resolution 95, 

16 the concurrent resolution on the budget for fiscal year 2004: 

17 Provided further, That the entire amount shall be available 

18 only to the extent that an official budget request for 

19 $75,000,000, that includes designation of the entire amount 

20 of $75,000,000 as an emergency requirement as defined in 

21 House Concurrent Resolution 95, the concurrent resolution 

22 on the budget for fiscal year 2004, is transmitted by the 

23 President to the Congress. 
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1 RELATED AGENCY 

2 DEPARTMENT OF AGRICULTURE 

3 FOREST SERVICE

4 WILDLAND FIRE MANAGEMENT

5 For necessary expenses to repay advances from other 

6 appropriations transferred in fiscal year 2003 for wildfire 

7 suppression and emergency rehabilitation activities of the 

8 Forest Service, $325,000,000 to remain available until ex9 pended: Provided, That the entire amount is designated by 

10 the Congress as an emergency requirement pursuant to sec11 tion 502 of House Concurrent Resolution 95, the concurrent 

12 resolution on the budget for fiscal year 2004: Provided fur13 ther, That the entire amount shall be available only to the 

14 extent that an official budget request for $325,000,000, that 

15 includes designation of the entire amount of $325,000,000 

16 as an emergency requirement as defined in House Concur17 rent Resolution 95, the concurrent resolution on the budget 

18 for fiscal year 2004, is transmitted by the President to the 

19 Congress. 

20 TITLE V—THE FLATHEAD AND KOOTENAI 

21 NATIONAL FOREST REHABILITATION ACT 

22 SEC. 501. SHORT TITLE. This title may be cited as 

23 the ‘‘Flathead and Kootenai National Forest Rehabilitation 

24 Act of 2003’’. 
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1 SEC. 502. FINDINGS AND PURPOSE. (a) FINDINGS.—

2 Congress finds that—

3 (1) the Robert Fire and Wedge Fire of 2003 

4 caused extensive resource damage in the Flathead Na5 tional Forest; 

6 (2) the fires of 2000 caused extensive resource 

7 damage on the Kootenai National Forest and imple8 mentation of rehabilitation and recovery projects de9 veloped by the agency for the Forest is critical; 

10 (3) the environmental planning and analysis to 

11 restore areas affected by the Robert Fire and Wedge 

12 Fire will be completed through a collaborative com13 munity process; 

14 (4) the rehabilitation of burned areas needs to be 

15 completed in a timely manner in order to reduce the 

16 long-term environmental impacts; and 

17 (5) wildlife and watershed resource values will be 

18 maintained in areas affected by the Robert Fire and 

19 Wedge Fire while exempting the rehabilitation effort 

20 from certain applications of the National Environ21 mental Policy Act (NEPA) and the Clean Water Act 

22 (CWA). 

23 (b) The purpose of this title is to accomplish in a col24 laborative environment, the planning and rehabilitation of 

25 the Robert Fire and Wedge Fire and to ensure timely imple-
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1 mentation of recovery and rehabilitation projects on the 

2 Kootenai National Forest. 

3 SEC. 503. REHABILITATION PROJECTS. (a) IN GEN4 ERAL.—The Secretary of Agriculture (in this title referred 

5 to as the ‘‘Secretary’’) may conduct projects that the Sec6 retary determines are necessary to rehabilitate and restore, 

7 and may conduct salvage harvests on, National Forest Sys8 tem lands in the North Fork drainage on the Flathead Na9 tional Forest, as generally depicted on a map entitled 

10 ‘‘North Fork Drainage’’ which shall be on file and available 

11 for public inspection in the Office of Chief, Forest Service, 

12 Washington, D.C. 

13 (b) PROCEDURE.—

14 (1) IN GENERAL.—Except as otherwise provided 

15 by this title, the Secretary shall conduct projects 

16 under this title in accordance with—

17 (A) the National Environmental Policy Act 

18 (42 U.S.C. 4321 et seq.); and 

19 (B) other applicable laws. 

20 (2) ENVIRONMENTAL ASSESSMENT OR IMPACT

21 STATEMENT.—If an environmental assessment or an 

22 environmental impact statement (pursuant to section 

23 102(2) of the National Environmental Policy Act (42 

24 U.S.C. 4332(2)) is required for a project under this 

25 title, the Secretary shall not be required to study, de-
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1 velop, or describe any alternative to the proposed 

2 agency action in the environmental assessment or the 

3 environmental impact statement. 

4 (3) PUBLIC COLLABORATION.—To encourage 

5 meaningful participation during preparation of a 

6 project under this title, the Secretary shall facilitate 

7 collaboration among the State of Montana, local gov8 ernments, and Indian tribes, and participation of in9 terested persons, during the preparation of each 

10 project in a manner consistent with the Implementa11 tion Plan for the 10-year Comprehensive Strategy of 

12 a Collaborative Approach for Reducing Wildland Fire 

13 Risks to Communities and the Environment, dated 

14 May 2002, which was developed pursuant to the con15 ference report for the Department of the Interior and 

16 Related Agencies Appropriations Act, 2001 (House 

17 Report 106–646). 

18 (4) COMPLIANCE WITH CLEAN WATER ACT.—

19 Consistent with the Clean Water Act (33 U.S.C. 1251 

20 et seq.) and Montana Code 75–5–703(10)(b), the Sec21 retary is not prohibited from implementing projects 

22 under this title due to the lack of a Total Maximum 

23 Daily Load as provided for under section 303(d) of 

24 the Clean Water Act (33 U.S.C. 1313(d)), except that 
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1 the Secretary shall comply with any best management 

2 practices required by the State of Montana. 

3 (5) ENDANGERED SPECIES ACT CONSULTA4 TION.—If a consultation is required under section 7 

5 of the Endangered Species Act (16 U.S.C. 1536) for 

6 a project under this title, the Secretary of the Interior 

7 shall expedite and give precedence to such consulta8 tion over any similar requests for consultation by the 

9 Secretary. 

10 (6) ADMINISTRATIVE APPEALS.—Section 322 of 

11 the Department of the Interior and Related Agencies 

12 Appropriations Act, 1993 (Public Law 102–381; 16 

13 U.S.C. 1612 note) and section 215 of title 36, Code 

14 of Federal Regulations shall apply to projects under 

15 this title, except that—

16 (A) to be eligible to file an appeal, an indi17 vidual or organization shall submit specific and 

18 substantive written comments during the com19 ment period; and 

20 (B) a determination that an emergency sit21 uation exists pursuant to section 215.10 of title 

22 36, Code of Federal Regulations, shall be made 

23 where it is determined that implementation of 

24 all or part of a decision for a project under this 

25 title is necessary for relief from—
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1 (i) adverse affects on soil stability and 

2 water quality resulting from vegetation loss; 

3 or 

4 (ii) loss of fish and wildlife habitat. 

5 SEC. 504. CONTRACTING AND COOPERATIVE AGREE6 MENTS. (a) IN GENERAL.—Notwithstanding chapter 63 of 

7 title 31, United States Code, the Secretary may enter into 

8 contract or cooperative agreements to carry out a project 

9 under this title. 

10 (b) EXEMPTION.—Notwithstanding any other provi11 sions of law, the Secretary may limit competition for a con12 tract or a cooperative agreement under subsection (a). 

13 SEC. 505. MONITORING REQUIREMENTS. (a) IN GEN14 ERAL.—The Secretary shall establish a multiparty moni15 toring group consisting of a representative number of inter16 ested parties, as determined by the Secretary, to monitor 

17 the performance and effectiveness of projects conducted 

18 under this title. 

19 (b) REPORTING REQUIREMENTS.—The multiparty 

20 monitoring group shall prepare annually a report to the 

21 Secretary on the progress of the projects conducted under 

22 this title in rehabilitating and restoring the North Fork 

23 drainage. The Secretary shall submit the report to the Sen24 ate Subcommittee on Interior Appropriations of the Senate 

25 Committee on Appropriations. 
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1 SEC. 506. SUNSET. The authority for the Secretary to 

2 issue a decision to carry out a project under this title shall 

3 expire 5 years from the date of enactment. 

4 SEC. 507. IMPLEMENTATION OF RECORDS OF DECI5 SION. The Secretary of Agriculture shall publish new infor6 mation regarding forest wide estimates of old growth from 

7 volume 103 of the administrative record in the case cap8 tioned Ecology Center v. Castaneda, CV–02–200–M–DWM 

9 (D. Mont.) for public comment for a 30-day period. The 

10 Secretary shall review any comments received during the 

11 comment period and decide whether to modify the Records 

12 of Decision (hereinafter referred to as the ‘‘ROD’s’’) for the 

13 Pinkham, White Pine, Kelsey-Beaver, Gold/Boulder/Sul14 livan, and Pink Stone projects on the Kootenai National 

15 Forest. The ROD’s, whether modified or not, shall not be 

16 deemed arbitrary and capricious under the NFMA, NEPA 

17 or other applicable law as long as each project area retains 

18 10 percent designated old growth in the project area. 

19 This Act may be cited as the ‘‘Department of the Inte20 rior and Related Agencies Appropriations Act, 2004’’.

Passed the House of Representatives July 17, 2003. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate September 23, 2003. 

Attest: EMILY J. REYNOLDS, 

Secretary.