108TH CONGRESS

1ST SESSION H. R. 2691

AN ACT

Making appropriations for the Department of the

Interior and related agencies for the fiscal yearending September 30, 2004, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 2691

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,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Department of the Interior and related agencies for the

4 fiscal year ending September 30, 2004, and for other pur5 poses, namely:

6 TITLE I—DEPARTMENT OF THE INTERIOR

7 BUREAU OF LAND MANAGEMENT

8 MANAGEMENT OF LANDS AND RESOURCES

9 For necessary expenses for protection, use, improve10 ment, development, disposal, cadastral surveying, classi11 fication, acquisition of easements and other interests in

12 lands, and performance of other functions, including main13 tenance of facilities, as authorized by law, in the manage14 ment of lands and their resources under the jurisdiction

15 of the Bureau of Land Management, including the general

16 administration of the Bureau, and assessment of mineral

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

18 (16 U.S.C. 3150(a)), $834,088,000, to remain available

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

20 projects, to be carried out by the Youth Conservation

21 Corps; $2,222,000 is for assessment of the mineral poten22 tial of public lands in Alaska pursuant to section 1010

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

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

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

2 and $3,000,000 shall be available in fiscal year 2004 sub3 ject to a match by at least an equal amount by the Na4 tional Fish and Wildlife Foundation for cost-shared

5 projects supporting conservation of Bureau lands; and

6 such funds shall be advanced to the Foundation as a lump

7 sum grant without regard to when expenses are incurred;

8 in addition, $32,696,000 is for Mining Law Administra9 tion program operations, including the cost of admin10 istering the mining claim fee program; to remain available

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

12 Bureau and credited to this appropriation from annual

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

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

15 $2,000,000, to remain available until expended, from com16 munication site rental fees established by the Bureau for

17 the cost of administering communication site activities:

18 Provided, That appropriations herein made shall not be

19 available for the destruction of healthy, unadopted, wild

20 horses and burros in the care of the Bureau or its contrac21 tors.

22 WILDLAND FIRE MANAGEMENT

23 For necessary expenses for fire preparedness, sup24 pression operations, fire science and research, emergency

25 rehabilitation, hazardous fuels reduction, and rural fire as-
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1 sistance by the Department of the Interior, $698,725,000,

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

3 $12,374,000 shall be for the renovation or construction

4 of fire facilities: Provided, That such funds are also avail5 able for repayment of advances to other appropriation ac6 counts from which funds were previously transferred for

7 such purposes: Provided further, That persons hired pur8 suant to 43 U.S.C. 1469 may be furnished subsistence and

9 lodging without cost from funds available from this appro10 priation: Provided further, That notwithstanding 42

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

12 Department of the Interior for fire protection rendered

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

14 States property, may be credited to the appropriation from

15 which funds were expended to provide that protection, and

16 are available without fiscal year limitation: Provided fur17 ther, That using the amounts designated under this title

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

19 procurement contracts, grants, or cooperative agreements,

20 for hazardous fuels reduction activities, and for training

21 and monitoring associated with such hazardous fuels re22 duction activities, on Federal land, or on adjacent non23 Federal land for activities that benefit resources on Fed24 eral land: Provided further, That the costs of implementing

25 any cooperative agreement between the Federal Govern-
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1 ment and any non-Federal entity may be shared, as mutu2 ally agreed on by the affected parties: Provided further,

3 That in entering into such grants or cooperative agree4 ments, the Secretary may consider the enhancement of

5 local and small business employment opportunities for

6 rural communities, and that in entering into procurement

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

8 Secretary may take into account the ability of an entity

9 to enhance local and small business employment opportu10 nities in rural communities, and that the Secretary may

11 award procurement contracts, grants, or cooperative

12 agreements under this heading to entities that include

13 local non-profit entities, Youth Conservation Corps or re14 lated partnerships, or small or disadvantaged businesses:

15 Provided further, That funds appropriated under this head

16 may be used to reimburse the United States Fish and

17 Wildlife Service and the National Marine Fisheries Service

18 for the costs of carrying out their responsibilities under

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

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

21 of such Act in connection with wildland fire management

22 activities: Provided further, That the Secretary of the Inte23 rior may use wildland fire appropriations to enter into

24 non-competitive sole source leases of real property with

25 local governments, at or below fair market value, to con-
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1 struct capitalized improvements for fire facilities on such

2 leased properties, including but not limited to fire guard

3 stations, retardant stations, and other initial attack and

4 fire support facilities, and to make advance payments for

5 any such lease or for construction activity associated with

6 the lease: Provided further, That the Secretary of the Inte7 rior and the Secretary of Agriculture may authorize the

8 transfer of funds appropriated for wildland fire manage9 ment, in an aggregate amount not to exceed $12,000,000,

10 between the Departments when such transfers would fa11 cilitate and expedite jointly funded wildland fire manage12 ment programs and projects: Provided further, That funds

13 provided for wildfire suppression shall be available for sup14 port of Federal emergency response actions.

15 CENTRAL HAZARDOUS MATERIALS FUND

16 For necessary expenses of the Department of the In17 terior and any of its component offices and bureaus for

18 the remedial action, including associated activities, of haz19 ardous waste substances, pollutants, or contaminants pur20 suant to the Comprehensive Environmental Response,

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

22 9601 et seq.), $9,978,000, to remain available until ex23 pended: Provided, That notwithstanding 31 U.S.C. 3302,

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

25 as reimbursement for remedial action or response activi-
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1 ties conducted by the Department pursuant to section 107

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

3 to be available until expended without further appropria4 tion: Provided further, That such sums recovered from or

5 paid by any party are not limited to monetary payments

6 and may include stocks, bonds or other personal or real

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

8 disposed of by the Secretary and which shall be credited

9 to this account.

10 CONSTRUCTION

11 For construction of buildings, recreation facilities,

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

13 remain available until expended.

14 LAND ACQUISITION

15 For expenses necessary to carry out sections 205,

16 206, and 318(d) of Public Law 94–579, including admin17 istrative expenses and acquisition of lands or waters, or

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

19 Land and Water Conservation Fund, and to remain avail20 able until expended.

21 OREGON AND CALIFORNIA GRANT LANDS

22 For expenses necessary for management, protection,

23 and development of resources and for construction, oper24 ation, and maintenance of access roads, reforestation, and

25 other improvements on the revested Oregon and California
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1 Railroad grant lands, on other Federal lands in the Or2 egon and California land-grant counties of Oregon, and

3 on adjacent rights-of-way; and acquisition of lands or in4 terests therein, including existing connecting roads on or

5 adjacent to such grant lands; $106,672,000 to remain

6 available until expended: Provided, That 25 percent of the

7 aggregate of all receipts during the current fiscal year

8 from the revested Oregon and California Railroad grant

9 lands is hereby made a charge against the Oregon and

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

11 General Fund in the Treasury in accordance with the sec12 ond paragraph of subsection (b) of title II of the Act of

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

14 FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND

15 (REVOLVING FUND, SPECIAL ACCOUNT)

16 In addition to the purposes authorized in Public Law

17 102–381, funds made available in the Forest Ecosystem

18 Health and Recovery Fund can be used for the purpose

19 of planning, preparing, implementing and monitoring sal20 vage timber sales and forest ecosystem health and recovery

21 activities, such as release from competing vegetation and

22 density control treatments. The Federal share of receipts

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

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

25 1181f–1 et seq., and Public Law 106–393) derived from
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1 treatments funded by this account shall be deposited into

2 the Forest Ecosystem Health and Recovery Fund.

3 RANGE IMPROVEMENTS

4 For rehabilitation, protection, and acquisition of

5 lands and interests therein, and improvement of Federal

6 rangelands pursuant to section 401 of the Federal Land

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

8 notwithstanding any other Act, sums equal to 50 percent

9 of all moneys received during the prior fiscal year under

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

11 315 et seq.) and the amount designated for range improve12 ments from grazing fees and mineral leasing receipts from

13 Bankhead-Jones lands transferred to the Department of

14 the Interior pursuant to law, but not less than

15 $10,000,000, to remain available until expended: Pro16 vided, That not to exceed $600,000 shall be available for

17 administrative expenses.

18 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

19 For administrative expenses and other costs related

20 to processing application documents and other authoriza21 tions for use and disposal of public lands and resources,

22 for costs of providing copies of official public land docu23 ments, for monitoring construction, operation, and termi24 nation of facilities in conjunction with use authorizations,

25 and for rehabilitation of damaged property, such amounts
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1 as may be collected under Public Law 94–579, as amend2 ed, and Public Law 93–153, to remain available until ex3 pended: Provided, That notwithstanding any provision to

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

5 U.S.C. 1735(a)), any moneys that have been or will be

6 received pursuant to that section, whether as a result of

7 forfeiture, compromise, or settlement, if not appropriate

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

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

10 under the authority of this Act by the Secretary to im11 prove, protect, or rehabilitate any public lands adminis12 tered through the Bureau of Land Management which

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

14 purchaser, permittee, or any unauthorized person, without

15 regard to whether all moneys collected from each such ac16 tion are used on the exact lands damaged which led to

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

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

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

20 repair other damaged public lands.

21 MISCELLANEOUS TRUST FUNDS

22 In addition to amounts authorized to be expended

23 under existing laws, there is hereby appropriated such

24 amounts as may be contributed under section 307 of the

25 Act of October 21, 1976 (43 U.S.C. 1701), and such
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1 amounts as may be advanced for administrative costs, sur2 veys, appraisals, and costs of making conveyances of omit3 ted lands under section 211(b) of that Act, to remain

4 available until expended.

5 ADMINISTRATIVE PROVISIONS

6 Appropriations for the Bureau of Land Management

7 shall be available for purchase, erection, and dismantle8 ment of temporary structures, and alteration and mainte9 nance of necessary buildings and appurtenant facilities to

10 which the United States has title; up to $100,000 for pay11 ments, at the discretion of the Secretary, for information

12 or evidence concerning violations of laws administered by

13 the Bureau; miscellaneous and emergency expenses of en14 forcement activities authorized or approved by the Sec15 retary and to be accounted for solely on her certificate,

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

17 U.S.C. 501, the Bureau may, under cooperative cost-shar18 ing and partnership arrangements authorized by law, pro19 cure printing services from cooperators in connection with

20 jointly produced publications for which the cooperators

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

22 and the Bureau determines the cooperator is capable of

23 meeting accepted quality standards: Provided further,

24 That section 28 of title 30, United States Code, is amend25 ed: (1) in section 28f(a), by striking ‘‘for years 2002
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1 through 2003’’ and inserting in lieu thereof ‘‘for years

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

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

4 thereof ‘‘and before September 30, 2008’’.

5 UNITED STATES FISH AND WILDLIFE SERVICE

6 RESOURCE MANAGEMENT

7 For necessary expenses of the United States Fish and

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

9 and economic studies, maintenance of the herd of long10 horned cattle on the Wichita Mountains Wildlife Refuge,

11 general administration, and for the performance of other

12 authorized functions related to such resources by direct

13 expenditure, contracts, grants, cooperative agreements

14 and reimbursable agreements with public and private enti15 ties, $959,901,000, to remain available until September

16 30, 2005, except as otherwise provided herein: Provided,

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

18 governments in southern California for planning associ19 ated with the Natural Communities Conservation Plan20 ning (NCCP) program and shall remain available until ex21 pended: Provided further, That $2,000,000 is for high pri22 ority projects, which shall be carried out by the Youth

23 Conservation Corps: Provided further, That not to exceed

24 $12,286,000 shall be used for implementing subsections

25 (a), (b), (c), and (e) of section 4 of the Endangered Spe-
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1 cies Act, as amended, for species that are indigenous to

2 the United States (except for processing petitions, devel3 oping and issuing proposed and final regulations, and tak4 ing any other steps to implement actions described in sub5 section (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which

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

7 regarding the designation of critical habitat, pursuant to

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

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

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

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

12 remain available until expended, may at the discretion of

13 the Secretary be used for payment for information, re14 wards, or evidence concerning violations of laws adminis15 tered by the Service, and miscellaneous and emergency ex16 penses of enforcement activity, authorized or approved by

17 the Secretary and to be accounted for solely on her certifi18 cate: Provided further, That of the amount provided for

19 environmental contaminants, up to $1,000,000 may re20 main available until expended for contaminant sample

21 analyses.

22 CONSTRUCTION

23 For construction, improvement, acquisition, or re24 moval of buildings and other facilities required in the con25 servation, management, investigation, protection, and uti-
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1 lization of fishery and wildlife resources, and the acquisi2 tion of lands and interests therein; $52,718,000, to remain

3 available until expended.

4 LAND ACQUISITION

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 acquisition of land or waters, or interest

9 therein, in accordance with statutory authority applicable

10 to the United States Fish and Wildlife Service,

11 $23,058,000, to be derived from the Land and Water Con12 servation Fund, and to remain available until expended:

13 Provided, That none of the funds appropriated for specific

14 land acquisition projects can be used to pay for any ad15 ministrative overhead, planning or other management

16 costs.

17 LANDOWNER INCENTIVE PROGRAM

18 For expenses necessary to carry out the Land and

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

20 U.S.C. 460l–4 through 11), including administrative ex21 penses, and for private conservation efforts to be carried

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

23 Land and Water Conservation Fund, and to remain avail24 able until expended: Provided, That the amount provided

25 herein is for a Landowner Incentive Program established
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1 by the Secretary that provides matching, competitively

2 awarded grants to States, the District of Columbia,

3 Tribes, Puerto Rico, Guam, the United States Virgin Is4 lands, the Northern Mariana Islands, and American

5 Samoa, to establish or supplement existing landowner in6 centive programs that provide technical and financial as7 sistance, including habitat protection and restoration, to

8 private landowners for the protection and management of

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

10 other at-risk species on private lands.

11 STEWARDSHIP GRANTS

12 For expenses necessary to carry out the Land and

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

14 U.S.C. 460l–4 through 11), including administrative ex15 penses, and for private conservation efforts to be carried

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

17 Land and Water Conservation Fund, and to remain avail18 able until expended: Provided, That the amount provided

19 herein is for a Stewardship Grants Program established

20 by the Secretary to provide grants and other assistance

21 to individuals and groups engaged in private conservation

22 efforts that benefit federally listed, proposed, candidate,

23 or other at-risk species.
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1 COOPERATIVE ENDANGERED SPECIES CONSERVATION

2 FUND

3 For expenses necessary to carry out section 6 of the

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

5 as amended, $86,614,000, of which $36,614,000 is to be

6 derived from the Cooperative Endangered Species Con7 servation Fund and $50,000,000 is to be derived from the

8 Land and Water Conservation Fund and to remain avail9 able until expended.

10 NATIONAL WILDLIFE REFUGE FUND

11 For expenses necessary to implement the Act of Octo12 ber 17, 1978 (16 U.S.C. 715s), $14,414,000.

13 NORTH AMERICAN WETLANDS CONSERVATION FUND

14 For expenses necessary to carry out the provisions

15 of the North American Wetlands Conservation Act, Public

16 Law 101–233, as amended, $24,560,000, to remain avail17 able until expended.

18 NEOTROPICAL MIGRATORY BIRD CONSERVATION

19 For financial assistance for projects to promote the

20 conservation of neotropical migratory birds in accordance

21 with the Neotropical Migratory Bird Conservation Act,

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

23 to remain available until expended.
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1 MULTINATIONAL SPECIES CONSERVATION FUND

2 For expenses necessary to carry out the African Ele3 phant Conservation Act (16 U.S.C. 4201–4203, 4211–

4 4213, 4221–4225, 4241–4245, and 1538), the Asian Ele5 phant Conservation Act of 1997 (Public Law 105–96; 16

6 U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva7 tion Act of 1994 (16 U.S.C. 5301–5306), and the Great

8 Ape Conservation Act of 2000 (16 U.S.C. 6301),

9 $5,000,000, to remain available until expended.

10 STATE AND TRIBAL WILDLIFE GRANTS

11 For wildlife conservation grants to States and to the

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

13 States Virgin Islands, the Northern Mariana Islands,

14 American Samoa, and federally recognized Indian tribes

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

16 and the Fish and Wildlife Coordination Act, for the devel17 opment and implementation of programs for the benefit

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

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

20 Land and Water Conservation Fund, and to remain avail21 able until expended: Provided, That of the amount pro22 vided herein, $6,000,000 is for a competitive grant pro23 gram for Indian tribes not subject to the remaining provi24 sions of this appropriation: Provided further, That the Sec25 retary shall, after deducting said $6,000,000 and adminis-
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1 trative expenses, apportion the amount provided herein in

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

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

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

5 to Guam, American Samoa, the United States Virgin Is6 lands, and the Commonwealth of the Northern Mariana

7 Islands, each a sum equal to not more than one-fourth

8 of 1 percent thereof: Provided further, That the Secretary

9 shall apportion the remaining amount in the following

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

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

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

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

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

15 further, That the amounts apportioned under this para16 graph shall be adjusted equitably so that no State shall

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

18 amount available for apportionment under this paragraph

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

20 Provided further, That the Federal share of planning

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

22 such projects and the Federal share of implementation

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

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

25 share of such projects may not be derived from Federal
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1 grant programs: Provided further, That no State, territory,

2 or other jurisdiction shall receive a grant unless it has de3 veloped, or committed to develop by October 1, 2005, a

4 comprehensive wildlife conservation plan, consistent with

5 criteria established by the Secretary of the Interior, that

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

7 jurisdiction’s wildlife and associated habitats, with appro8 priate priority placed on those species with the greatest

9 conservation need and taking into consideration the rel10 ative level of funding available for the conservation of

11 those species: Provided further, That any amount appor12 tioned in 2004 to any State, territory, or other jurisdiction

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

14 be reapportioned, together with funds appropriated in

15 2006, in the manner provided herein: Provided further,

16 That balances from amounts previously appropriated

17 under the heading ‘‘State Wildlife Grants’’ shall be trans18 ferred to and merged with this appropriation and shall re19 main available until expended.

20 ADMINISTRATIVE PROVISIONS

21 Appropriations and funds available to the United

22 States Fish and Wildlife Service shall be available for pur23 chase of not to exceed 157 passenger motor vehicles, of

24 which 142 are for replacement only (including 33 for po25 lice-type use); repair of damage to public roads within and
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1 adjacent to reservation areas caused by operations of the

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

3 $1 for each option; facilities incident to such public rec4 reational uses on conservation areas as are consistent with

5 their primary purpose; and the maintenance and improve6 ment of aquaria, buildings, and other facilities under the

7 jurisdiction of the Service and to which the United States

8 has title, and which are used pursuant to law in connection

9 with management, and investigation of fish and wildlife

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

11 the Service may, under cooperative cost sharing and part12 nership arrangements authorized by law, procure printing

13 services from cooperators in connection with jointly pro14 duced publications for which the cooperators share at least

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

16 the Service determines the cooperator is capable of meet17 ing accepted quality standards: Provided further, That the

18 Service may accept donated aircraft as replacements for

19 existing aircraft: Provided further, That notwithstanding

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

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

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

23 in the establishment of any new unit of the National Wild24 life Refuge System unless the purchase is approved in ad25 vance by the House and Senate Committees on Appropria-
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1 tions in compliance with the reprogramming procedures

2 contained in the House Report accompanying this Act.

3 NATIONAL PARK SERVICE

4 OPERATION OF THE NATIONAL PARK SYSTEM

5 For expenses necessary for the management, oper6 ation, and maintenance of areas and facilities adminis7 tered by the National Park Service (including special road

8 maintenance service to trucking permittees on a reimburs9 able basis), and for the general administration of the Na10 tional Park Service, $1,636,882,000 (reduced by

11 $6,000,000) of which $10,887,000 is for planning and

12 interagency coordination in support of Everglades restora13 tion and shall remain available until expended; of which

14 $98,480,000, to remain available until September 30,

15 2005, is for maintenance, repair or rehabilitation projects

16 for constructed assets, operation of the National Park

17 Service automated facility management software system,

18 and comprehensive facility condition assessments; and of

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

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

21 this account which may be made available to support

22 United States Park Police are those funds approved for

23 emergency law and order incidents pursuant to established

24 National Park Service procedures, those funds needed to

25 maintain and repair United States Park Police adminis-
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1 trative facilities, and those funds necessary to reimburse

2 the United States Park Police account for the unbudgeted

3 overtime and travel costs associated with special events for

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

5 review and concurrence of the Washington headquarters

6 office.

7 UNITED STATES PARK POLICE

8 For expenses necessary to carry out the programs of

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

10 NATIONAL RECREATION AND PRESERVATION

11 For expenses necessary to carry out recreation pro12 grams, natural programs, cultural programs, heritage

13 partnership programs, environmental compliance and re14 view, international park affairs, statutory or contractual

15 aid for other activities, and grant administration, not oth16 erwise provided for, $54,924,000: Provided, That none of

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

18 and Conservation Assistance Program may be used for co19 operative agreements or any other form of cash grant.

20 URBAN PARK AND RECREATION FUND

21 For expenses necessary to carry out the provisions

22 of the Urban Park and Recreation Recovery Act of 1978

23 (16 U.S.C. 2501 et seq.), $305,000, to remain available

24 until expended.
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1 HISTORIC PRESERVATION FUND

2 For expenses necessary in carrying out the Historic

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

4 and the Omnibus Parks and Public Lands Management

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

6 derived from the Historic Preservation Fund, to remain

7 available until September 30, 2005: Provided, That of the

8 total amount provided, $30,000,000 shall be for Save

9 America’s Treasures for priority preservation projects, of

10 nationally significant sites, structures, and artifacts: Pro11 vided further, That any individual Save America’s Treas12 ures grant shall be matched by non-Federal funds: Pro13 vided further, That individual projects shall only be eligible

14 for one grant, and all projects to be funded shall be ap15 proved by the House and Senate Committees on Appro16 priations and the Secretary of the Interior in consultation

17 with the President’s Committee on the Arts and Human18 ities prior to the commitment of grant funds: Provided fur19 ther, That Save America’s Treasures funds allocated for

20 Federal projects shall be available by transfer to appro21 priate accounts of individual agencies, after approval of

22 such projects by the Secretary of the Interior, in consulta23 tion with the House and Senate Committees on Appropria24 tions and the President’s Committee on the Arts and Hu25 manities.
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1 CONSTRUCTION

2 For construction, improvements, repair or replace3 ment of physical facilities, including the modifications au4 thorized by section 104 of the Everglades National Park

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

6 remain available until expended: Provided, That none of

7 the funds in this or any other Act, may be used to pay

8 the salaries and expenses of more than 160 Full Time

9 Equivalent personnel working for the National Park Serv10 ice’s Denver Service Center funded under the construction

11 program management and operations activity: Provided

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

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

14 any new facility (including visitor centers, curatorial facili15 ties, administrative buildings), for which appropriations

16 have not been specifically provided if the net construction

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

18 prior approval of the House and Senate Committees on

19 Appropriations: Provided further, That this restriction ap20 plies to all funds available to the National Park Service,

21 including partnership and fee demonstration projects: Pro22 vided further, That funds appropriated in this Act and in

23 any prior Acts for the purpose of implementing the Modi24 fied Water Deliveries to Everglades National Park Project

25 shall be available for expenditure unless the Secretary of
25

•HR 2691 EH

1 the Interior, the Secretary of the Army, the Administrator

2 of the Environmental Protection Agency, and the Attorney

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

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

5 House and Senate Committees on Appropriations, the

6 House Committee on Transportation and Infrastructure,

7 the House Committee on Resources and the Senate Com8 mittee on Environment and Public Works, indicating that

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

10 Refuge and Everglades National Park does not meet all

11 applicable State water quality standards and numeric cri12 teria adopted for phosphorus throughout A.R.M.

13 Loxahatchee National Wildlife Refuge and Everglades Na14 tional Park, as well as water quality requirements set

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

16 South Florida Water Management District, and that the

17 House and Senate Committees on Appropriations respond

18 in writing disapproving the further expenditure of funds.

19 LAND AND WATER CONSERVATION FUND

20 (RESCISSION)

21 The contract authority provided for fiscal year 2004

22 by 16 U.S.C. 4601–10a is rescinded.
26

•HR 2691 EH

1 LAND ACQUISITION AND STATE ASSISTANCE

2 (INCLUDING TRANSFERS OF FUNDS)

3 For expenses necessary to carry out the Land and

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

5 460l–4 through 11), including administrative expenses,

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

7 in accordance with the statutory authority applicable to

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

9 from the Land and Water Conservation Fund and to re10 main available until expended, of which $97,500,000 is for

11 the State assistance program including $2,500,000 to ad12 minister this program: Provided, That none of the funds

13 provided for the State assistance program may be used

14 to establish a contingency fund: Provided further, That

15 notwithstanding any other provision of law, the Secretary

16 of the Interior, using prior year unobligated funds made

17 available under any Act enacted before the date of enact18 ment of this Act for land acquisition assistance to the

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

20 interests therein, within the Everglades watershed, shall

21 transfer $5,000,000 to the United States Fish and Wild22 life Service ‘‘Resource Management’’ account for the pur23 pose of funding water quality monitoring and eradication

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

25 Wildlife Refuge, as well as recovery actions for any listed
27

•HR 2691 EH

1 species in the South Florida ecosystem, and may transfer

2 such sums as may be determined necessary by the Sec3 retary of the Interior to the U.S. Army Corps of Engineers

4 ‘‘Construction, General’’ account for the purpose of modi5 fying the construction of Storm Water Treatment Area 1

6 East to include additional water quality improvement

7 measures, such as additional compartmentalization, im8 proved flow control, vegetation management, and other ad9 ditional technologies based upon the recommendations of

10 the Secretary of the Interior and the South Florida Water

11 Management District, to maximize the treatment effective12 ness of Storm Water Treatment Area 1 East so that water

13 delivered by Storm Water Treatment Area 1 East to

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

15 State water quality standards, including the numeric cri16 terion for phosphorus, and that the cost sharing provisions

17 of section 528 of the Water Resources Development Act

18 of 1996 (110 Stat. 3769) shall apply to any funds pro19 vided by the Secretary of the Interior to the U.S. Army

20 Corps of Engineers for this purpose: Provided further,

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

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

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

24 water quality improvement measures for Storm Water

25 Treatment Area 1 East, if any funds remain to be ex-
28

•HR 2691 EH

1 pended after the requirements of these provisions have

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

3 as appropriate, and use the remaining funds for Ever4 glades restoration activities benefiting the lands and re5 sources managed by the Department of the Interior in

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

7 Senate Committees on Appropriations of a reprogramming

8 request by the Secretary detailing how the remaining

9 funds will be expended for this purpose.

10 ADMINISTRATIVE PROVISIONS

11 Appropriations for the National Park Service shall be

12 available for the purchase of not to exceed 249 passenger

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

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

15 and 8 ambulances: Provided, That none of the funds ap16 propriated to the National Park Service may be used to

17 process any grant or contract documents which do not in18 clude the text of 18 U.S.C. 1913: Provided further, That

19 none of the funds appropriated to the National Park Serv20 ice may be used to implement an agreement for the rede21 velopment of the southern end of Ellis Island until such

22 agreement has been submitted to the Congress and shall

23 not be implemented prior to the expiration of 30 calendar

24 days (not including any day in which either House of Con25 gress is not in session because of adjournment of more
29

•HR 2691 EH

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

2 by the Speaker of the House of Representatives and the

3 President of the Senate of a full and comprehensive report

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

5 including the facts and circumstances relied upon in sup6 port of the proposed project.

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

8 National Park Service for activities taken in direct re9 sponse to the United Nations Biodiversity Convention.

10 The National Park Service may distribute to oper11 ating units based on the safety record of each unit the

12 costs of programs designed to improve workplace and em13 ployee safety, and to encourage employees receiving work14 ers’ compensation benefits pursuant to chapter 81 of title

15 5, United States Code, to return to appropriate positions

16 for which they are medically able.

17 UNITED STATES GEOLOGICAL SURVEY

18 SURVEYS, INVESTIGATIONS, AND RESEARCH

19 For expenses necessary for the United States Geo20 logical Survey to perform surveys, investigations, and re21 search covering topography, geology, hydrology, biology,

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

23 its territories and possessions, and other areas as author24 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as

25 to their mineral and water resources; give engineering su-
30

•HR 2691 EH

1 pervision to power permittees and Federal Energy Regu2 latory Commission licensees; administer the minerals ex3 ploration program (30 U.S.C. 641); and publish and dis4 seminate data relative to the foregoing activities; and to

5 conduct inquiries into the economic conditions affecting

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

7 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes

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

9 $935,660,000, of which $64,536,000 shall be available

10 only for cooperation with States or municipalities for

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

12 shall remain available until expended for conducting in13 quiries into the economic conditions affecting mining and

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

15 shall remain available until expended for satellite oper16 ations; and of which $24,190,000 shall be available until

17 September 30, 2005, for the operation and maintenance

18 of facilities and deferred maintenance; and of which

19 $173,349,000 shall be available until September 30, 2005,

20 for the biological research activity and the operation of

21 the Cooperative Research Units: Provided, That none of

22 these funds provided for the biological research activity

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

24 unless specifically authorized in writing by the property

25 owner: Provided further, That no part of this appropria-
31

•HR 2691 EH

1 tion shall be used to pay more than one-half the cost of

2 topographic mapping or water resources data collection

3 and investigations carried on in cooperation with States

4 and municipalities.

5 ADMINISTRATIVE PROVISIONS

6 The amount appropriated for the United States Geo7 logical Survey shall be available for the purchase of not

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

9 for replacement only; reimbursement to the General Serv10 ices Administration for security guard services; con11 tracting for the furnishing of topographic maps and for

12 the making of geophysical or other specialized surveys

13 when it is administratively determined that such proce14 dures are in the public interest; construction and mainte15 nance of necessary buildings and appurtenant facilities;

16 acquisition of lands for gauging stations and observation

17 wells; expenses of the United States National Committee

18 on Geology; and payment of compensation and expenses

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

20 represent the United States in the negotiation and admin21 istration of interstate compacts: Provided, That activities

22 funded by appropriations herein made may be accom23 plished through the use of contracts, grants, or coopera24 tive agreements as defined in 31 U.S.C. 6302 et seq.: Pro25 vided further, That notwithstanding the provisions of the
32

•HR 2691 EH

1 Federal Grant and Cooperative Agreement Act of 1977

2 (31 U.S.C. 6301–6308), the U.S. Geological Survey is au3 thorized to continue existing, and hereafter, to enter into

4 new cooperative agreements directed towards a particular

5 cooperator, in support of joint research and data collection

6 activities with Federal, State, and academic partners

7 funded by appropriations herein, including those that pro8 vide for space in cooperator facilities.

9 MINERALS MANAGEMENT SERVICE

10 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

11 For expenses necessary for minerals leasing and envi12 ronmental studies, regulation of industry operations, and

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

14 laws and regulations applicable to oil, gas, and other min15 erals leases, permits, licenses and operating contracts; and

16 for matching grants or cooperative agreements; including

17 the purchase of not to exceed eight passenger motor vehi18 cles for replacement only, $164,216,000, of which

19 $80,396,000, shall be available for royalty management

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

21 be credited to this appropriation and to remain available

22 until expended, from additions to receipts resulting from

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

24 increases to fee collections for Outer Continental Shelf ad25 ministrative activities performed by the Minerals Manage-
33

•HR 2691 EH

1 ment Service (MMS) over and above the rates in effect

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

3 Outer Continental Shelf administrative activities estab4 lished after September 30, 1993: Provided, That to the

5 extent $100,230,000 in additions to receipts are not real6 ized from the sources of receipts stated above, the amount

7 needed to reach $100,230,000 shall be credited to this ap8 propriation from receipts resulting from rental rates for

9 Outer Continental Shelf leases in effect before August 5,

10 1993: Provided further, That $3,000,000 for computer ac11 quisitions shall remain available until September 30,

12 2005: Provided further, That funds appropriated under

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

14 accordance with 30 U.S.C. 1721(b) and (d): Provided fur15 ther, That not to exceed $3,000 shall be available for rea16 sonable expenses related to promoting volunteer beach and

17 marine cleanup activities: Provided further, That notwith18 standing any other provision of law, $15,000 under this

19 heading shall be available for refunds of overpayments in

20 connection with certain Indian leases in which the Direc21 tor of MMS concurred with the claimed refund due, to

22 pay amounts owed to Indian allottees or tribes, or to cor23 rect prior unrecoverable erroneous payments: Provided

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

25 program, or under its authority to transfer oil to the Stra-
34

•HR 2691 EH

1 tegic Petroleum Reserve, use a portion of the revenues

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

3 limitation, to pay for transportation to wholesale market

4 centers or upstream pooling points, and to process or oth5 erwise dispose of royalty production taken in kind, and

6 to recover MMS transportation costs, salaries, and other

7 administrative costs directly related to filling the Strategic

8 Petroleum Reserve: Provided further, That MMS shall

9 analyze and document the expected return in advance of

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

11 practicable that royalty income under the pilot program

12 is equal to or greater than royalty income recognized

13 under a comparable royalty-in-value program.

14 OIL SPILL RESEARCH

15 For necessary expenses to carry out title I, section

16 1016, title IV, sections 4202 and 4303, title VII, and title

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

18 $7,105,000, which shall be derived from the Oil Spill Li19 ability Trust Fund, to remain available until expended.

20 OFFICE OF SURFACE MINING RECLAMATION AND

21 ENFORCEMENT

22 REGULATION AND TECHNOLOGY

23 For necessary expenses to carry out the provisions

24 of the Surface Mining Control and Reclamation Act of

25 1977, Public Law 95–87, as amended, including the pur-
35

•HR 2691 EH

1 chase of not to exceed 10 passenger motor vehicles, for

2 replacement only; $106,424,000: Provided, That the Sec3 retary of the Interior, pursuant to regulations, may use

4 directly or through grants to States, moneys collected in

5 fiscal year 2004 for civil penalties assessed under section

6 518 of the Surface Mining Control and Reclamation Act

7 of 1977 (30 U.S.C. 1268), to reclaim lands adversely af8 fected by coal mining practices after August 3, 1977, to

9 remain available until expended: Provided further, That

10 appropriations for the Office of Surface Mining Reclama11 tion and Enforcement may provide for the travel and per

12 diem expenses of State and tribal personnel attending Of13 fice of Surface Mining Reclamation and Enforcement

14 sponsored training.

15 ABANDONED MINE RECLAMATION FUND

16 For necessary expenses to carry out title IV of the

17 Surface Mining Control and Reclamation Act of 1977,

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

19 of not more than 10 passenger motor vehicles for replace20 ment only, $194,469,000, to be derived from receipts of

21 the Abandoned Mine Reclamation Fund and to remain

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

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

24 shall be for supplemental grants to States for the reclama25 tion of abandoned sites with acid mine rock drainage from
36

•HR 2691 EH

1 coal mines, and for associated activities, through the Ap2 palachian Clean Streams Initiative: Provided, That grants

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

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

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

6 emergency program authorized by section 410 of Public

7 Law 95–87, as amended, of which no more than 25 per8 cent shall be used for emergency reclamation projects in

9 any one State and funds for federally administered emer10 gency reclamation projects under this proviso shall not ex11 ceed $11,000,000: Provided further, That prior year unob12 ligated funds appropriated for the emergency reclamation

13 program shall not be subject to the 25 percent limitation

14 per State and may be used without fiscal year limitation

15 for emergency projects: Provided further, That pursuant

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

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

18 the delinquent debt owed to the United States Government

19 to pay for contracts to collect these debts: Provided fur20 ther, That funds made available under title IV of Public

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

22 share of the cost of projects funded by the Federal Gov23 ernment for the purpose of environmental restoration re24 lated to treatment or abatement of acid mine drainage

25 from abandoned mines: Provided further, That such
37

•HR 2691 EH

1 projects must be consistent with the purposes and prior2 ities of the Surface Mining Control and Reclamation Act.

3 BUREAU OF INDIAN AFFAIRS

4 OPERATION OF INDIAN PROGRAMS

5 For expenses necessary for the operation of Indian

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

7 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De8 termination and Education Assistance Act of 1975 (25

9 U.S.C. 450 et seq.), as amended, the Education Amend10 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally

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

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

13 September 30, 2005 except as otherwise provided herein,

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

15 assistance payments and notwithstanding any other provi16 sion of law, including but not limited to the Indian Self17 Determination Act of 1975, as amended, not to exceed

18 $135,315,000 shall be available for payments to tribes and

19 tribal organizations for contract support costs associated

20 with ongoing contracts, grants, compacts, or annual fund21 ing agreements entered into with the Bureau prior to or

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

23 that tribes and tribal organizations may use their tribal

24 priority allocations for unmet indirect costs of ongoing

25 contracts, grants, or compacts, or annual funding agree-
38

•HR 2691 EH

1 ments and for unmet welfare assistance costs; and of

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

3 costs of Bureau-funded schools and other education pro4 grams shall become available on July 1, 2004, and shall

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

6 not to exceed $55,374,000 shall remain available until ex7 pended for housing improvement, road maintenance, at8 torney fees, litigation support, the Indian Self-Determina9 tion Fund, land records improvement, and the Navajo10 Hopi Settlement Program: Provided, That notwith11 standing any other provision of law, including but not lim12 ited to the Indian Self-Determination Act of 1975, as

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

14 within and only from such amounts made available for

15 school operations shall be available to tribes and tribal or16 ganizations for administrative cost grants associated with

17 ongoing grants entered into with the Bureau prior to or

18 during fiscal year 2003 for the operation of Bureau-fund19 ed schools, and up to $3,000,000 within and only from

20 such amounts made available for school operations shall

21 be available for the transitional costs of initial administra22 tive cost grants to tribes and tribal organizations that

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

24 2004 of Bureau-operated schools: Provided further, That

25 any forestry funds allocated to a tribe which remain unob-
39

•HR 2691 EH

1 ligated as of September 30, 2005, may be transferred dur2 ing fiscal year 2006 to an Indian forest land assistance

3 account established for the benefit of such tribe within the

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

5 unobligated balances not so transferred shall expire on

6 September 30, 2006.

7 CONSTRUCTION

8 For construction, repair, improvement, and mainte9 nance of irrigation and power systems, buildings, utilities,

10 and other facilities, including architectural and engineer11 ing services by contract; acquisition of lands, and interests

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

13 construction of the Navajo Indian Irrigation Project pur14 suant to Public Law 87–483, $345,154,000, to remain

15 available until expended: Provided, That such amounts as

16 may be available for the construction of the Navajo Indian

17 Irrigation Project may be transferred to the Bureau of

18 Reclamation: Provided further, That not to exceed 6 per19 cent of contract authority available to the Bureau of In20 dian Affairs from the Federal Highway Trust Fund may

21 be used to cover the road program management costs of

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

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

24 shall be made available on a nonreimbursable basis: Pro25 vided further, That for fiscal year 2004, in implementing
40

•HR 2691 EH

1 new construction or facilities improvement and repair

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

3 tribally controlled grant schools under Public Law 100–

4 297, as amended, the Secretary of the Interior shall use

5 the Administrative and Audit Requirements and Cost

6 Principles for Assistance Programs contained in 43 CFR

7 part 12 as the regulatory requirements: Provided further,

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

9 43 CFR; the Secretary and the grantee shall negotiate and

10 determine a schedule of payments for the work to be per11 formed: Provided further, That in considering applications,

12 the Secretary shall consider whether the Indian tribe or

13 tribal organization would be deficient in assuring that the

14 construction projects conform to applicable building stand15 ards and codes and Federal, tribal, or State health and

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

17 respect to organizational and financial management capa18 bilities: Provided further, That if the Secretary declines an

19 application, the Secretary shall follow the requirements

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

21 any disputes between the Secretary and any grantee con22 cerning a grant shall be subject to the disputes provision

23 in 25 U.S.C. 2508(e).
41

•HR 2691 EH

1 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

2 MISCELLANEOUS PAYMENTS TO INDIANS

3 (INCLUDING TRANSFER OF FUNDS)

4 For miscellaneous payments to Indian tribes and in5 dividuals and for necessary administrative expenses,

6 $60,551,000, to remain available until expended; of which

7 $31,610,000 shall be available for implementation of en8 acted Indian land and water claim settlements pursuant

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

10 implementation of other enacted water rights settlements;

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

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

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

14 to the Quinault Indian Nation pursuant to the terms of

15 the North Boundary Settlement Agreement dated July 14,

16 2000, providing for the acquisition of perpetual conserva17 tion easements from the Nation: Provided, That of the

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

19 be derived from amounts provided under the heading

20 ‘‘United States Fish and Wildlife Service, Land Acquisi21 tion’’ in Public Law 108–7.

22 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

23 For the cost of guaranteed and insured loans,

24 $5,797,000, as authorized by the Indian Financing Act

25 of 1974, as amended: Provided, That such costs, including
42

•HR 2691 EH

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

2 section 502 of the Congressional Budget Act of 1974: Pro3 vided further, That these funds are available to subsidize

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

5 not to exceed $94,568,000.

6 In addition, for administrative expenses to carry out

7 the guaranteed and insured loan programs, $700,000.

8 ADMINISTRATIVE PROVISIONS

9 The Bureau of Indian Affairs may carry out the oper10 ation of Indian programs by direct expenditure, contracts,

11 cooperative agreements, compacts and grants, either di12 rectly or in cooperation with States and other organiza13 tions.

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

15 Affairs may contract for services in support of the man16 agement, operation, and maintenance of the Power Divi17 sion of the San Carlos Irrigation Project.

18 Appropriations for the Bureau of Indian Affairs (ex19 cept the revolving fund for loans, the Indian loan guar20 antee and insurance fund, and the Indian Guaranteed

21 Loan Program account) shall be available for expenses of

22 exhibits, and purchase of not to exceed 229 passenger

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

24 replacement only.
43

•HR 2691 EH

1 Notwithstanding any other provision of law, no funds

2 available to the Bureau of Indian Affairs for central office

3 operations, or pooled overhead general administration (ex4 cept facilities operations and maintenance) shall be avail5 able for tribal contracts, grants, compacts, or cooperative

6 agreements with the Bureau of Indian Affairs under the

7 provisions of the Indian Self-Determination Act or the

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

9 413).

10 In the event any tribe returns appropriations made

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

12 distribution to other tribes, this action shall not diminish

13 the Federal Government’s trust responsibility to that

14 tribe, or the government-to-government relationship be15 tween the United States and that tribe, or that tribe’s abil16 ity to access future appropriations.

17 Notwithstanding any other provision of law, no funds

18 available to the Bureau, other than the amounts provided

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

20 452 et seq., shall be available to support the operation of

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

22 Appropriations made available in this or any other

23 Act for schools funded by the Bureau shall be available

24 only to the schools in the Bureau school system as of Sep25 tember 1, 1996. No funds available to the Bureau shall
44

•HR 2691 EH

1 be used to support expanded grades for any school or dor2 mitory beyond the grade structure in place or approved

3 by the Secretary of the Interior at each school in the Bu4 reau school system as of October 1, 1995. Funds made

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

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

7 is defined in section 1146 of the Education Amendments

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

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

10 Act and that has operated at a Bureau-funded school be11 fore September 1, 1999, may continue to operate during

12 that period, but only if the charter school pays to the Bu13 reau a pro rata share of funds to reimburse the Bureau

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

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

16 separate and apart from Bureau funds, and the Bureau

17 does not assume any obligation for charter school pro18 grams of the State in which the school is located if the

19 charter school loses such funding. Employees of Bureau20 funded schools sharing a campus with a charter school and

21 performing functions related to the charter school’s oper22 ation and employees of a charter school shall not be treat23 ed as Federal employees for purposes of chapter 171 of

24 title 28, United States Code.
45

•HR 2691 EH

1 DEPARTMENTAL OFFICES

2 INSULAR AFFAIRS

3 ASSISTANCE TO TERRITORIES

4 For expenses necessary for assistance to territories

5 under the jurisdiction of the Department of the Interior,

6 $74,343,000, of which: (1) $68,022,000 shall be available

7 until expended for technical assistance, including mainte8 nance assistance, disaster assistance, insular management

9 controls, coral reef initiative activities, and brown tree

10 snake control and research; grants to the judiciary in

11 American Samoa for compensation and expenses, as au12 thorized by law (48 U.S.C. 1661(c)); grants to the Govern13 ment of American Samoa, in addition to current local rev14 enues, for construction and support of governmental func15 tions; grants to the Government of the Virgin Islands as

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

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

18 the Northern Mariana Islands as authorized by law (Pub19 lic Law 94–241; 90 Stat. 272); and (2) $6,321,000 shall

20 be available for salaries and expenses of the Office of Insu21 lar Affairs: Provided, That all financial transactions of the

22 territorial and local governments herein provided for, in23 cluding such transactions of all agencies or instrumental24 ities established or used by such governments, may be au25 dited by the General Accounting Office, at its discretion,
46

•HR 2691 EH

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

2 Code: Provided further, That Northern Mariana Islands

3 Covenant grant funding shall be provided according to

4 those terms of the Agreement of the Special Representa5 tives on Future United States Financial Assistance for the

6 Northern Mariana Islands approved by Public Law 104–

7 134: Provided further, That of the amounts provided for

8 technical assistance, sufficient funds shall be made avail9 able for a grant to the Pacific Basin Development Council:

10 Provided further, That of the amounts provided for tech11 nical assistance, sufficient funding shall be made available

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

13 That the funds for the program of operations and mainte14 nance improvement are appropriated to institutionalize

15 routine operations and maintenance improvement of cap16 ital infrastructure with territorial participation and cost

17 sharing to be determined by the Secretary based on the

18 grantee’s commitment to timely maintenance of its capital

19 assets: Provided further, That any appropriation for dis20 aster assistance under this heading in this Act or previous

21 appropriations Acts may be used as non-Federal matching

22 funds for the purpose of hazard mitigation grants provided

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

24 Relief and Emergency Assistance Act (42 U.S.C. 5170c).
47

•HR 2691 EH

1 COMPACT OF FREE ASSOCIATION

2 For economic assistance and necessary expenses for

3 the Federated States of Micronesia and the Republic of

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

5 221(b), 223, and 233 of the Compact of Free Association,

6 and for economic assistance and necessary expenses for

7 the Republic of Palau as provided for in sections

8 221(a)(2), 221(b), and 233 of the Compact of Free Asso9 ciation, $16,354,000, to remain available until expended,

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

11 658.

12 DEPARTMENTAL MANAGEMENT

13 SALARIES AND EXPENSES

14 For necessary expenses for management of the De15 partment of the Interior, $79,027,000 (reduced by

16 $3,000,000), of which not to exceed $8,500 may be for

17 official reception and representation expenses, and of

18 which up to $1,000,000 shall be available for workers com19 pensation payments and unemployment compensation pay20 ments associated with the orderly closure of the United

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

22 in this or previous appropriations Acts may be used to

23 establish any additional reserves in the Working Capital

24 account other than the two authorized reserves without
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•HR 2691 EH

1 prior approval of the House and Senate Committees on

2 Appropriations.

3 WORKING CAPITAL FUND

4 From unobligated balances under this heading,

5 $20,000,000 are hereby cancelled.

6 PAYMENTS IN LIEU OF TAXES

7 For expenses necessary to implement the Act of Octo8 ber 20, 1976, as amended (31 U.S.C. 6901–6907),

9 $225,000,000, of which not to exceed $400,000 shall be

10 available for administrative expenses: Provided, That no

11 payment shall be made to otherwise eligible units of local

12 government if the computed amount of the payment is less

13 than $100.

14 OFFICE OF THE SOLICITOR

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of the Solicitor,

17 $50,374,000.

18 OFFICE OF INSPECTOR GENERAL

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of Inspector

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

22 procurement by contract of independent auditing services

23 to audit the consolidated Department of the Interior an24 nual financial statement and the annual financial state-
49

•HR 2691 EH

1 ment of the Department of the Interior bureaus and of2 fices funded in this Act.

3 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

4 FEDERAL TRUST PROGRAMS

5 For operation of trust programs for Indians by direct

6 expenditure, contracts, cooperative agreements, compacts,

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

8 available for historical accounting, to remain available

9 until expended: Provided, That funds for trust manage10 ment improvements and litigation support may, as needed,

11 be transferred to or merged with the Bureau of Indian

12 Affairs, ‘‘Operation of Indian Programs’’ account; the Of13 fice of the Solicitor, ‘‘Salaries and Expenses’’ account; and

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

15 account: Provided further, That funds made available to

16 Tribes and Tribal organizations through contracts or

17 grants obligated during fiscal year 2004, as authorized by

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

19 et seq.), shall remain available until expended by the con20 tractor or grantee: Provided further, That notwithstanding

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

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

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

24 Act, concerning losses to or mismanagement of trust

25 funds, until the affected tribe or individual Indian has
50

•HR 2691 EH

1 been furnished with an accounting of such funds from

2 which the beneficiary can determine whether there has

3 been a loss: Provided further, That notwithstanding any

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

5 to provide a quarterly statement of performance for any

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

7 18 months and has a balance of $1.00 or less: Provided

8 further, That the Secretary shall issue an annual account

9 statement and maintain a record of any such accounts and

10 shall permit the balance in each such account to be with11 drawn upon the express written request of the account

12 holder: Provided further, That not to exceed $50,000 is

13 available for the Secretary to make payments to correct

14 administrative errors of either disbursements from or de15 posits to Individual Indian Money or Tribal accounts after

16 September 30, 2002: Provided further, That erroneous

17 payments that are recovered shall be credited to and re18 main available in this account for this purpose.

19 INDIAN LAND CONSOLIDATION

20 For consolidation of fractional interests in Indian

21 lands and expenses associated with redetermining and re22 distributing escheated interests in allotted lands, and for

23 necessary expenses to carry out the Indian Land Consoli24 dation Act of 1983, as amended, by direct expenditure or
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•HR 2691 EH

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

2 until expended.

3 NATURAL RESOURCE DAMAGE ASSESSMENT AND

4 RESTORATION

5 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

6 To conduct natural resource damage assessment and

7 restoration activities by the Department of the Interior

8 necessary to carry out the provisions of the Comprehensive

9 Environmental Response, Compensation, and Liability

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

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

12 seq.), the Oil Pollution Act of 1990 (Public Law 101–380)

13 (33 U.S.C. 2701 et seq.), and Public Law 101–337, as

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

15 available until expended.

16 ADMINISTRATIVE PROVISIONS

17 There is hereby authorized for acquisition from avail18 able resources within the Working Capital Fund, 15 air19 craft, 10 of which shall be for replacement and which may

20 be obtained by donation, purchase or through available ex21 cess surplus property: Provided, That notwithstanding any

22 other provision of law, existing aircraft being replaced may

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

24 offset the purchase price for the replacement aircraft: Pro25 vided further, That no programs funded with appropriated
52

•HR 2691 EH

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

2 Solicitor’’, and ‘‘Office of Inspector General’’ may be aug3 mented through the Working Capital Fund or the Consoli4 dated Working Fund.

5 GENERAL PROVISIONS, DEPARTMENT OF THE

6 INTERIOR

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

8 available for expenditure or transfer (within each bureau

9 or office), with the approval of the Secretary, for the emer10 gency reconstruction, replacement, or repair of aircraft,

11 buildings, utilities, or other facilities or equipment dam12 aged or destroyed by fire, flood, storm, or other unavoid13 able causes: Provided, That no funds shall be made avail14 able under this authority until funds specifically made

15 available to the Department of the Interior for emer16 gencies shall have been exhausted: Provided further, That

17 all funds used pursuant to this section are hereby des18 ignated by Congress to be ‘‘emergency requirements’’ pur19 suant to section 251(b)(2)(A) of the Balanced Budget and

20 Emergency Deficit Control Act of 1985, and must be re21 plenished by a supplemental appropriation which must be

22 requested as promptly as possible.

23 SEC. 102. The Secretary may authorize the expendi24 ture or transfer of any no year appropriation in this title,

25 in addition to the amounts included in the budget pro-
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•HR 2691 EH

1 grams of the several agencies, for the suppression or emer2 gency prevention of wildland fires on or threatening lands

3 under the jurisdiction of the Department of the Interior;

4 for the emergency rehabilitation of burned-over lands

5 under its jurisdiction; for emergency actions related to po6 tential or actual earthquakes, floods, volcanoes, storms, or

7 other unavoidable causes; for contingency planning subse8 quent to actual oil spills; for response and natural resource

9 damage assessment activities related to actual oil spills;

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

11 potential grasshopper and Mormon cricket outbreaks on

12 lands under the jurisdiction of the Secretary, pursuant to

13 the authority in section 1773(b) of Public Law 99–198

14 (99 Stat. 1658); for emergency reclamation projects under

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

16 any no year funds available to the Office of Surface Min17 ing Reclamation and Enforcement, such funds as may be

18 necessary to permit assumption of regulatory authority in

19 the event a primacy State is not carrying out the regu20 latory provisions of the Surface Mining Act: Provided,

21 That appropriations made in this title for wildland fire

22 operations shall be available for the payment of obligations

23 incurred during the preceding fiscal year, and for reim24 bursement to other Federal agencies for destruction of ve25 hicles, aircraft, or other equipment in connection with
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•HR 2691 EH

1 their use for wildland fire operations, such reimbursement

2 to be credited to appropriations currently available at the

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

4 fire operations, no funds shall be made available under

5 this authority until the Secretary determines that funds

6 appropriated for ‘‘wildland fire operations’’ shall be ex7 hausted within 30 days: Provided further, That all funds

8 used pursuant to this section are hereby designated by

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

10 section 251(b)(2)(A) of the Balanced Budget and Emer11 gency Deficit Control Act of 1985, and must be replen12 ished by a supplemental appropriation which must be re13 quested as promptly as possible: Provided further, That

14 such replenishment funds shall be used to reimburse, on

15 a pro rata basis, accounts from which emergency funds

16 were transferred.

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

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

19 similar facilities, wherever consolidation of activities will

20 contribute to efficiency or economy, and said appropria21 tions shall be reimbursed for services rendered to any

22 other activity in the same manner as authorized by sec23 tions 1535 and 1536 of title 31, United States Code: Pro24 vided, That reimbursements for costs and supplies, mate25 rials, equipment, and for services rendered may be cred-
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•HR 2691 EH

1 ited to the appropriation current at the time such reim2 bursements are received.

3 SEC. 104. Appropriations made to the Department

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

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

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

7 maintenance, and operation of aircraft; hire of passenger

8 motor vehicles; purchase of reprints; payment for tele9 phone service in private residences in the field, when au10 thorized under regulations approved by the Secretary; and

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

12 for library membership in societies or associations which

13 issue publications to members only or at a price to mem14 bers lower than to subscribers who are not members.

15 SEC. 105. Appropriations available to the Depart16 ment of the Interior for salaries and expenses shall be

17 available for uniforms or allowances therefor, as author18 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

19 SEC. 106. Annual appropriations made in this title

20 shall be available for obligation in connection with con21 tracts issued for services or rentals for periods not in ex22 cess of 12 months beginning at any time during the fiscal

23 year.

24 SEC. 107. No funds provided in this title may be ex25 pended by the Department of the Interior for the conduct
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•HR 2691 EH

1 of offshore preleasing, leasing and related activities placed

2 under restriction in the President’s moratorium statement

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

4 southern California; the North Atlantic; Washington and

5 Oregon; and the eastern Gulf of Mexico south of 26 de6 grees north latitude and east of 86 degrees west longitude.

7 SEC. 108. No funds provided in this title may be ex8 pended by the Department of the Interior for the conduct

9 of offshore oil and natural gas preleasing, leasing, and re10 lated activities, on lands within the North Aleutian Basin

11 planning area.

12 SEC. 109. No funds provided in this title may be ex13 pended by the Department of the Interior to conduct off14 shore oil and natural gas preleasing, leasing and related

15 activities in the eastern Gulf of Mexico planning area for

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

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

18 Program, 1997–2002.

19 SEC. 110. No funds provided in this title may be ex20 pended by the Department of the Interior to conduct oil

21 and natural gas preleasing, leasing and related activities

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

23 SEC. 111. Advance payments made under this title

24 to Indian tribes, tribal organizations, and tribal consortia

25 pursuant to the Indian Self-Determination and Education
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•HR 2691 EH

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

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

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

4 or consortium before such funds are expended for the pur5 poses of the grant, compact, or annual funding agreement

6 so long as such funds are—

7 (1) invested by the Indian tribe, tribal organiza8 tion, or consortium only in obligations of the United

9 States, or in obligations or securities that are guar10 anteed or insured by the United States, or mutual

11 (or other) funds registered with the Securities and

12 Exchange Commission and which only invest in obli13 gations of the United States or securities that are

14 guaranteed or insured by the United States; or

15 (2) deposited only into accounts that are in16 sured by an agency or instrumentality of the United

17 States, or are fully collateralized to ensure protec18 tion of the funds, even in the event of a bank failure.

19 SEC. 112. Notwithstanding any other provisions of

20 law, the National Park Service shall not develop or imple21 ment a reduced entrance fee program to accommodate

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

23 for and regulate local non-recreational passage through

24 units of the National Park System, allowing each unit to
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•HR 2691 EH

1 develop guidelines and permits for such activity appro2 priate to that unit.

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

4 headings Bureau of Indian Affairs and Office of Special

5 Trustee for American Indians and any available unobli6 gated balances from prior appropriations Acts made under

7 the same headings, shall be available for expenditure or

8 transfer for Indian trust management and reform activi9 ties.

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

11 is transferred) during fiscal year 2004 shall be renewed

12 under section 402 of the Federal Land Policy and Man13 agement Act of 1976, as amended (43 U.S.C. 1752) or,

14 if applicable, section 510 of the California Desert Protec15 tion Act (16 U.S.C. 410aaa–50). The terms and condi16 tions contained in the expiring permit or lease shall con17 tinue in effect under the new permit or lease until such

18 time as the Secretary of the Interior completes processing

19 of such permit or lease in compliance with all applicable

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

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

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

23 regulations. Nothing in this section shall be deemed to

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

25 any Federal lands included within the boundary of Lake
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•HR 2691 EH

1 Roosevelt National Recreation Area, as designated by the

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

3 Cooperative Management Agreement), that were utilized

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

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

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

7 shall be entitled to renew said permit under such terms

8 and conditions as the Secretary may prescribe, for the life9 time of the permittee or 20 years, whichever is less.

10 SEC. 115. Notwithstanding any other provision of

11 law, for the purpose of reducing the backlog of Indian pro12 bate cases in the Department of the Interior, the hearing

13 requirements of chapter 10 of title 25, United States

14 Code, are deemed satisfied by a proceeding conducted by

15 an Indian probate judge, appointed by the Secretary with16 out regard to the provisions of title 5, United States Code,

17 governing the appointments in the competitive service, for

18 such period of time as the Secretary determines necessary:

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

20 so appointed may be fixed by the Secretary without regard

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

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

23 classification and pay of General Schedule employees, ex24 cept that no such Indian probate judge may be paid at

25 a level which exceeds the maximum rate payable for the
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1 highest grade of the General Schedule, including locality

2 pay.

3 SEC. 116. Notwithstanding any other provision of

4 law, the Secretary of the Interior is authorized to redis5 tribute any Tribal Priority Allocation funds, including

6 tribal base funds, to alleviate tribal funding inequities by

7 transferring funds to address identified, unmet needs,

8 dual enrollment, overlapping service areas or inaccurate

9 distribution methodologies. No tribe shall receive a reduc10 tion in Tribal Priority Allocation funds of more than 10

11 percent in fiscal year 2004. Under circumstances of dual

12 enrollment, overlapping service areas or inaccurate dis13 tribution methodologies, the 10 percent limitation does not

14 apply.

15 SEC. 117. Funds appropriated for the Bureau of In16 dian Affairs for postsecondary schools for fiscal year 2004

17 shall be allocated among the schools proportionate to the

18 unmet need of the schools as determined by the Postsec19 ondary Funding Formula adopted by the Office of Indian

20 Education Programs.

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

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

23 comprising the Huron Cemetery in Kansas City, Kansas

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

25 used only in accordance with this section.
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1 (b) The lands of the Huron Cemetery shall be used

2 only: (1) for religious and cultural uses that are compat3 ible with the use of the lands as a cemetery; and (2) as

4 a burial ground.

5 SEC. 119. Notwithstanding any other provision of

6 law, in conveying the Twin Cities Research Center under

7 the authority provided by Public Law 104–134, as amend8 ed by Public Law 104–208, the Secretary may accept and

9 retain land and other forms of reimbursement: Provided,

10 That the Secretary may retain and use any such reim11 bursement until expended and without further appropria12 tion: (1) for the benefit of the National Wildlife Refuge

13 System within the State of Minnesota; and (2) for all ac14 tivities authorized by Public Law 100–696; 16 U.S.C.

15 460zz.

16 SEC. 120. Notwithstanding other provisions of law,

17 the National Park Service may authorize, through cooper18 ative agreement, the Golden Gate National Parks Associa19 tion to provide fee-based education, interpretive and vis20 itor service functions within the Crissy Field and Fort

21 Point areas of the Presidio.

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

23 received by the Bureau of Land Management for the sale

24 of seeds or seedlings including those collected in fiscal year

25 2003, may be credited to the appropriation from which
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1 funds were expended to acquire or grow the seeds or seed2 lings and are available without fiscal year limitation.

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

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

5 of the Department of the Interior and Related Agencies

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

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

8 to the improvements and equipment of the White River

9 Oil Shale Mine.

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

11 contract for the use of helicopters or motor vehicles on

12 the Sheldon and Hart National Wildlife Refuges for the

13 purpose of capturing and transporting horses and burros.

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

15 8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such

16 use. Such use shall be in accordance with humane proce17 dures prescribed by the Secretary.

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

19 land acquisition by the National Park Service for Shen20 andoah Valley Battlefields National Historic District, and

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

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

23 land management entity for the acquisition of lands with24 out regard to any restriction on the use of Federal land
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1 acquisition funds provided through the Land and Water

2 Conservation Fund Act of 1965 as amended.

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

4 Act may be obligated or expended by the National Park

5 Service to enter into or implement a concession contract

6 which permits or requires the removal of the underground

7 lunchroom at the Carlsbad Caverns National Park.

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

9 Act may be used: (1) to demolish the bridge between Jer10 sey City, New Jersey, and Ellis Island; or (2) to prevent

11 pedestrian use of such bridge, when such pedestrian use

12 is consistent with generally accepted safety standards.

13 SEC. 127. None of the funds made available in this

14 or any other Act for any fiscal year may be used to des15 ignate, or to post any sign designating, any portion of Ca16 naveral National Seashore in Brevard County, Florida, as

17 a clothing-optional area or as an area in which public nu18 dity is permitted, if such designation would be contrary

19 to county ordinance.

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

21 can be used to compensate the Special Master and the

22 Special Master-Monitor, and all variations thereto, ap23 pointed by the United States District Court for the Dis24 trict of Columbia in the Cobell v. Norton litigation at an

25 annual rate that exceeds 200 percent of the highest Senior
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1 Executive Service rate of pay for the Washington2 Baltimore locality pay area.

3 SEC. 129. The Secretary of the Interior may use dis4 cretionary funds to pay private attorneys fees and costs

5 for employees and former employees of the Department

6 of the Interior reasonably incurred in connection with

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

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

9 insurance. In no case shall the Secretary make payments

10 under this section that would result in payment of hourly

11 fees in excess of the highest hourly rate approved by the

12 District Court for the District of Columbia for counsel in

13 Cobell v. Norton.

14 SEC. 130. The United States Fish and Wildlife Serv15 ice shall, in carrying out its responsibilities to protect

16 threatened and endangered species of salmon, implement

17 a system of mass marking of salmonid stocks, intended

18 for harvest, that are released from Federally operated or

19 Federally financed hatcheries including but not limited to

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

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

22 identified by commercial and recreational fishers.

23 SEC. 131. Such sums as may be necessary from ‘‘De24 partmental Management, Salaries and Expenses’’, may be

25 transferred to ‘‘United States Fish and Wildlife Service,
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1 Resource Management’’ for operational needs at the Mid2 way Atoll National Wildlife Refuge airport.

3 SEC. 132. No funds appropriated for the Department

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

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

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

7 water levels required for the operation of the Glen Canyon

8 Dam.

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

10 108–7 is amended as follows:

11 (1) Paragraph 122(a)(4) is amended to read—

12 ‘‘(4) TRIBALLY CONTROLLED SCHOOL.—The

13 term ‘tribally controlled school’ means a school that

14 currently receives a grant under the Tribally Con15 trolled Schools Act of 1988, as amended (25 U.S.C.

16 2501 et seq.) or is determined by the Secretary to

17 meet the eligibility criteria of section 5205 of the

18 Tribally Controlled Schools Act of 1988, as amended

19 (25 U.S.C. 2504).’’.

20 (2) Paragraph 122(b)(1) is amended by strik21 ing the second sentence and inserting: ‘‘The Sec22 retary shall ensure that applications for funding to

23 replace schools currently receiving funding for facil24 ity operation and maintenance from the Bureau of

25 Indian Affairs receive the highest priority for grants
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1 under this section. Among such applications, the

2 Secretary shall give priority to applications of Indian

3 tribes that agree to fund all future facility operation

4 and maintenance costs of the tribally controlled

5 school funded under the demonstration program

6 from other than Federal funds.’’.

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

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

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

10 and is further amended by adding the following new

11 paragraph:

12 ‘‘(2) A tribe receiving a grant for construction

13 of a tribally controlled school under this section shall

14 not be eligible to receive funding from the Bureau

15 of Indian Affairs for that school for education oper16 ations or facility operation and maintenance if the

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

18 school receiving funding for education operations or

19 facility operation and maintenance under the Trib20 ally Controlled Schools Act or the Indian Self-Deter21 mination and Education Assistance Act or (ii) a

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

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

24 180 days of the enactment of this Act submit to the House

25 and Senate Committees on Appropriations a report that
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1 describes the condition and adequacy of educational facili2 ties available to the Eastern Band of Cherokee Indians,

3 the availability of lands necessary for the construction of

4 any necessary new or replacement education facilities, and

5 the impacts that construction of such facilities might have

6 on natural, cultural, and other resources present within

7 the Great Smoky Mountains National Park and the Blue

8 Ridge Parkway. The report shall specifically address the

9 resource implications of the land exchange described in

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

11 Exchange Act of 2002’’ as introduced in the 108th Con12 gress. The Secretary shall consult with the Eastern Band

13 of Cherokee Indians in preparing the report.

14 LAND EXCHANGE, WORLD WAR I NATIONAL MEMORIAL,

15 MOJAVE NATIONAL PRESERVE

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

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

18 Secretary of the Interior shall convey to the Veterans

19 Home of California-Barstow, Veterans of Foreign Wars

20 Post #385E (in this section referred to as the ‘‘recipi21 ent’’), all right, title, and interest of the United States

22 in and to a parcel of real property consisting of approxi23 mately one acre in the Mojave National Preserve and des24 ignated (by section 8137 of the Department of Defense

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

26 2278)) as a national memorial commemorating United
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1 States participation in World War I and honoring the

2 American veterans of that war. Notwithstanding the con3 veyance of the property under this subsection, the Sec4 retary shall continue to carry out the responsibilities of

5 the Secretary under such section 8137.

6 (b) CONSIDERATION.—As consideration for the prop7 erty to be conveyed by the Secretary under subsection (a),

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

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

10 property consisting of approximately five acres, identified

as parcel APN 569–051–44, and located in the west 1 11 ⁄2

of the northeast 1⁄4 of the northwest 1 12 ⁄4 of the northwest

1 13 ⁄4 of section 11, township 14 north, range 15 east, San

14 Bernardino base and meridian.

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

16 values of the properties to be exchanged under this section

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

18 The value of the properties shall be determined through

19 an appraisal performed by a qualified appraiser in con20 formance with the Uniform Appraisal Standards for Fed21 eral Land Acquisitions (Department of Justice, December

22 2000).

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

24 value of the properties to be exchanged under this section

25 shall be equalized through the making of a cash equali-
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1 zation payment. The Secretary shall deposit any cash

2 equalization payment received by the Secretary under this

3 subsection in the Land and Water Conservation Fund.

4 (e) REVERSIONARY CLAUSE.—The conveyance under

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

6 recipient maintain the conveyed property as a memorial

7 commemorating United States participation in World War

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

9 Secretary determines that the conveyed property is no

10 longer being maintained as a war memorial, the property

11 shall revert to the ownership of the United States.

12 (f) BOUNDARY ADJUSTMENT; ADMINISTRATION OF

13 ACQUIRED LAND.—The boundaries of the Mojave Na14 tional Preserve shall be adjusted to reflect the land ex15 change required by this section. The property acquired by

16 the Secretary under this section shall become part of the

17 Mojave National Preserve and be administered in accord18 ance with the laws, rules, and regulations generally appli19 cable to the Mojave National Preserve.

20 BLUE RIDGE NATIONAL HERITAGE AREA

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

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

23 2003’’.

24 (b) FINDINGS AND PURPOSE.—

25 (1) FINDINGS.—Congress finds that:
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1 (A) The Blue Ridge Mountains and the ex2 tensive cultural and natural resources of the

3 Blue Ridge Mountains have played a significant

4 role in the history of the United States and the

5 State of North Carolina.

6 (B) Archaeological evidence indicates that

7 the Blue Ridge Mountains have been inhabited

8 by humans since the last retreat of the glaciers,

9 with the Native Americans living in the area at

10 the time of European discovery being primarily

11 of Cherokee descent.

12 (C) The Blue Ridge Mountains of western

13 North Carolina, including the Great Smoky

14 Mountains, played a unique and significant role

15 in the establishment and development of the

16 culture of the United States through several

17 distinct legacies, including—

18 (i) the craft heritage that—

19 (I) was first influenced by the

20 Cherokee Indians;

21 (II) was the origin of the tradi22 tional craft movement starting in

23 1900 and the contemporary craft

24 movement starting in the 1940’s; and
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1 (III) is carried out by over 4,000

2 craftspeople in the Blue Ridge Moun3 tains of western North Carolina, the

4 third largest concentration of such

5 people in the United States;

6 (ii) a musical heritage comprised of

7 distinctive instrumental and vocal tradi8 tions that—

9 (I) includes stringband music,

10 bluegrass, ballad singing, blues, and

11 sacred music;

12 (II) has received national rec13 ognition; and

14 (III) has made the region one of

15 the richest repositories of traditional

16 music and folklife in the United

17 States;

18 (iii) the Cherokee heritage—

19 (I) dating back thousands of

20 years; and

21 (II) offering—

22 (aa) nationally significant

23 cultural traditions practiced by

24 the Eastern Band of Cherokee

25 Indians;
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1 (bb) authentic tradition

2 bearers;

3 (cc) historic sites; and

4 (dd) historically important

5 collections of Cherokee artifacts;

6 and

7 (iv) the agricultural heritage estab8 lished by the Cherokee Indians, including

9 medicinal and ceremonial food crops, com10 bined with the historic European patterns

11 of raising livestock, culminating in the

12 largest number of specialty crop farms in

13 North Carolina.

14 (D) The artifacts and structures associated

15 with those legacies are unusually well-preserved.

16 (E) The Blue Ridge Mountains are recog17 nized as having one of the richest collections of

18 historical resources in North America.

19 (F) The history and cultural heritage of

20 the Blue Ridge Mountains are shared with the

21 States of Virginia, Tennessee, and Georgia.

22 (G) there are significant cultural, eco23 nomic, and educational benefits in celebrating

24 and promoting this mutual heritage.
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1 (H) according to the 2002 reports entitled

2 ‘‘The Blue Ridge Heritage and Cultural Part3 nership’’ and ‘‘Western North Carolina Na4 tional Heritage Area Feasibility Study and

5 Plan’’, the Blue Ridge Mountains contain nu6 merous resources that are of outstanding im7 portance to the history of the United States.

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

9 to preserve and interpret the cultural and his10 torical resources of the Blue Ridge Mountains

11 for the education and benefit of present and fu12 ture generations.

13 (2) PURPOSE.—The purpose of this section is

14 to foster a close working relationship with, and to

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

16 and local communities in the State in managing,

17 preserving, protecting, and interpreting the cultural,

18 historical, and natural resources of the Heritage

19 Area while continuing to develop economic opportu20 nities.

21 (c) DEFINITIONS.—

22 (1) In this section:

23 (A) HERITAGE AREA.—The term ‘‘Herit24 age Area’’ means the Blue Ridge National Her25 itage Area established by subsection (d).
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•HR 2691 EH

1 (B) MANAGEMENT ENTITY.—The term

2 ‘‘management entity’’ means the management

3 entity for the Heritage Area designated by sub4 section (d)(3).

5 (C) MANAGEMENT PLAN.—The term

6 ‘‘management plan’’ means the management

7 plan for the Heritage Area approved under sub8 section (e).

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

10 means the Secretary of the Interior.

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

12 State of North Carolina.

13 (d) BLUE RIDGE NATIONAL HERITAGE AREA.—

14 (1) ESTABLISHMENT.—There is established the

15 Blue Ridge National Heritage Area in the State.

16 (2) BOUNDARIES.—The Heritage Area shall

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

18 Buncombe, Burke, Caldwell, Cherokee, Clay,

19 Graham, Haywood, Henderson, Jackson, McDowell,

20 Macon, Madison, Mitchell, Polk, Rutherford, Surry,

21 Swain, Transylvania, Watauga, Wilkes, Yadkin, and

22 Yancey in the State.

23 (3) MANAGEMENT ENTITY.—

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

25 receipt of funds made available under sub-
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•HR 2691 EH

1 section (i), the Blue Ridge National Heritage

2 Area Partnership shall be the management enti3 ty for the Heritage Area.

4 (B) BOARD OF DIRECTORS.—

5 (i) COMPOSITION.—The management

6 entity shall be governed by a board of di7 rectors composed of nine members, of

8 whom—

9 (I) two members shall be ap10 pointed by AdvantageWest;

11 (II) two members shall be ap12 pointed by HandMade In America,

13 Inc.;

14 (III) one member shall be ap15 pointed by the Education Research

16 Consortium of Western North Caro17 lina;

18 (IV) one member shall be ap19 pointed by the Eastern Band of the

20 Cherokee Indians; and

21 (V) three members shall be ap22 pointed by the Governor of North

23 Carolina and shall—
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•HR 2691 EH

1 (aa) reside in geographically

2 diverse regions of the Heritage

3 Area;

4 (bb) be a representative of

5 State or local governments or the

6 private sector; and

7 (cc) have knowledge of tour8 ism, economic and community de9 velopment, regional planning, his10 toric preservation, cultural or

11 natural resources development,

12 regional planning, conservation,

13 recreational services, education,

14 or museum services.

15 (e) MANAGEMENT PLAN.—

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

17 the date of enactment of this section, the manage18 ment entity shall submit to the Secretary for ap19 proval a management plan for the Heritage Area.

20 (2) CONSIDERATION OF OTHER PLANS AND AC21 TIONS.—In developing the management plan, the

22 management entity shall—

23 (A) for the purpose of presenting a unified

24 preservation and interpretation plan, take into
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•HR 2691 EH

1 consideration Federal, State, and local plans;

2 and

3 (B) provide for the participation of resi4 dents, public agencies, and private organiza5 tions in the Heritage Area.

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

7 (A) present comprehensive recommenda8 tions and strategies for the conservation, fund9 ing, management, and development of the Her10 itage Area;

11 (B) identify existing and potential sources

12 of Federal and non-Federal funding for the

13 conservation, management, and development of

14 the Heritage Area; and

15 (C) include—

16 (i) an inventory of the cultural, histor17 ical, natural, and recreational resources of

18 the Heritage Area, including a list of prop19 erty that—

20 (I) relates to the purposes of the

21 Heritage Area; and

22 (II) should be conserved, re23 stored, managed, developed, or main24 tained because of the significance of

25 the property;
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•HR 2691 EH

1 (ii) a program of strategies and ac2 tions for the implementation of the man3 agement plan that identifies the roles of

4 agencies and organizations that are in5 volved in the implementation of the man6 agement plan;

7 (iii) an interpretive and educational

8 plan for the Heritage Area;

9 (iv) a recommendation of policies for

10 resource management and protection that

11 develop intergovernmental cooperative

12 agreements to manage and protect the cul13 tural, historical, natural, and recreational

14 resources of the Heritage Area; and

15 (v) an analysis of ways in which Fed16 eral, State, and local programs may best

17 be coordinated to promote the purposes of

18 this section.

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

20 management plan is not submitted to the Secretary

21 by the date described in paragraph (1), the Sec22 retary shall not provide any additional funding

23 under this section until a management plan is sub24 mitted to the Secretary.
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•HR 2691 EH

1 (5) APPROVAL OR DISAPPROVAL OF MANAGE2 MENT PLAN.—

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

4 after receiving the management plan submitted

5 under paragraph (1), the Secretary shall ap6 prove or disapprove the management plan.

7 (B) CRITERIA.—In determining whether to

8 approve the management plan, the Secretary

9 shall consider whether the management plan—

10 (i) has strong local support from land11 owners, business interests, nonprofit orga12 nizations, and governments in the Heritage

13 Area; and

14 (ii) has a high potential for effective

15 partnership mechanisms.

16 (C) ACTION FOLLOWING DISAPPROVAL.—If

17 the Secretary disapproves a management plan

18 under subparagraph (A), the Secretary shall—

19 (i) advise the management entity in

20 writing of the reasons for the disapproval;

21 (ii) make recommendations for revi22 sions to the management plan; and

23 (iii) allow the management entity to

24 submit to the Secretary revisions to the

25 management plan.
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•HR 2691 EH

1 (D) DEADLINE FOR APPROVAL OF REVI2 SION.—Not later than 60 days after the date on

3 which a revision is submitted under subpara4 graph (C)(iii), the Secretary shall approve or

5 disapprove the proposed revision.

6 (6) AMENDMENT OF APPROVED MANAGEMENT

7 PLAN.—

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

9 Secretary of a management plan, the manage10 ment entity shall periodically—

11 (i) review the management plan; and

12 (ii) submit to the Secretary, for review

13 and approval, the recommendation of the

14 management entity for any amendments to

15 the management plan.

16 (B) USE OF FUNDS.—No funds made

17 available under subsection (i) shall be used to

18 implement any amendment proposed by the

19 management entity under subparagraph (A)

20 until the Secretary approves the amendment.

21 (f) AUTHORITIES AND DUTIES OF THE MANAGE22 MENT ENTITY.—

23 (1) AUTHORITIES.—For the purposes of devel24 oping and implementing the management plan, the
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•HR 2691 EH

1 management entity may use funds made available

2 under subsection (i) to—

3 (A) make grants to, and enter into cooper4 ative agreements with, the State (including a

5 political subdivision), nonprofit organizations,

6 or persons;

7 (B) hire and compensate staff; and

8 (C) enter into contracts for goods and

9 services.

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

11 management plan, the management entity shall—

12 (A) develop and implement the manage13 ment plan while considering the interests of di14 verse units of government, businesses, private

15 property owners, and nonprofit groups in the

16 Heritage Area;

17 (B) conduct public meetings in the Herit18 age Area at least semiannually on the develop19 ment and implementation of the management

20 plan;

21 (C) give priority to the implementation of

22 actions, goals, and strategies in the manage23 ment plan, including providing assistance to

24 units of government, nonprofit organizations,

25 and persons in—
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•HR 2691 EH

1 (i) carrying out the programs that

2 protect resources in the Heritage Area;

3 (ii) encouraging economic viability in

4 the Heritage Area in accordance with the

5 goals of the management plan;

6 (iii) establishing and maintaining in7 terpretive exhibits in the Heritage Area;

8 (iv) developing recreational and edu9 cational opportunities in the Heritage

10 Area; and

11 (v) increasing public awareness of and

12 appreciation for the cultural, historical,

13 and natural resources of the Heritage

14 Area; and

15 (D) for any fiscal year for which Federal

16 funds are received under subsection (i)—

17 (i) submit to the Secretary a report

18 that describes, for the fiscal year—

19 (I) the accomplishments of the

20 management entity;

21 (II) the expenses and income of

22 the management entity; and

23 (III) each entity to which a grant

24 was made;
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•HR 2691 EH

1 (ii) make available for audit by Con2 gress, the Secretary, and appropriate units

3 of government, all records relating to the

4 expenditure of funds and any matching

5 funds; and

6 (iii) require, for all agreements au7 thorizing expenditure of Federal funds by

8 any entity, that the receiving entity make

9 available for audit all records relating to

10 the expenditure of funds.

11 (3) PROHIBITION ON THE ACQUISITION OF

12 REAL PROPERTY.—The management entity shall not

13 use Federal funds received under subsection (i) to

14 acquire real property or an interest in real property.

15 (g) TECHNICAL AND FINANCIAL ASSISTANCE.—

16 (1) IN GENERAL.—The Secretary may provide

17 to the management entity technical assistance and,

18 subject to the availability of appropriations, financial

19 assistance, for use in developing and implementing

20 the management plan.

21 (2) PRIORITY FOR ASSISTANCE.—In providing

22 assistance under subsection (a), the Secretary shall

23 give priority to actions that facilitate—
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•HR 2691 EH

1 (A) the preservation of the significant cul2 tural, historical, natural, and recreational re3 sources of the Heritage Area; and

4 (B) the provision of educational, interpre5 tive, and recreational opportunities that are

6 consistent with the resources of the Heritage

7 Area.

8 (h) LAND USE REGULATION.—

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

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

11 to the management entity; or

12 (B) modifies, enlarges, or diminishes any

13 authority of the Federal Government or any

14 State or local government to regulate any use

15 of land under any law (including regulations).

16 (2) PRIVATE PROPERTY.—Nothing in this

17 section—

18 (A) abridges the rights of any person with

19 respect to private property;

20 (B) affects the authority of the State or

21 local government with respect to private prop22 erty; or

23 (C) imposes any additional burden on any

24 property owner.

25 (i) AUTHORIZATION OF APPROPRIATIONS.—
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•HR 2691 EH

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

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

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

4 available for any fiscal year.

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

6 share of the cost of any activities carried out using

7 Federal funds made available under subsection (a)

8 shall be not less than 50 percent.

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

10 the Secretary to provide assistance under this section ter11 minates on the date that is 15 years after the date of en12 actment of this section.

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

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

15 the Klamath Fishery Management Council.

16 TITLE II—RELATED AGENCIES

17 DEPARTMENT OF AGRICULTURE

18 FOREST SERVICE

19 FOREST AND RANGELAND RESEARCH

20 For necessary expenses of forest and rangeland re21 search as authorized by law, $267,230,000, to remain

22 available until expended: Provided, That of the funds pro23 vided, $49,428,000 is for the forest inventory and analysis

24 program.
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•HR 2691 EH

1 STATE AND PRIVATE FORESTRY

2 For necessary expenses of cooperating with and pro3 viding technical and financial assistance to States, terri4 tories, possessions, and others, and for forest health man5 agement, including treatments of pests, pathogens, and

6 invasive or noxious plants and for restoring and rehabili7 tating forests damaged by pests or invasive plants, cooper8 ative forestry, and education and land conservation activi9 ties and conducting an international program as author10 ized, $290,758,000, to remain available until expended, as

11 authorized by law: Provided, That none of the funds pro12 vided under this heading for the acquisition of lands or

13 interests in lands shall be available until the Forest Serv14 ice notifies the House Committee on Appropriations and

15 the Senate Committee on Appropriations, in writing, of

16 specific contractual and grant details including the non17 Federal cost share of each project, related to the acquisi18 tion of lands or interests in lands to be undertaken with

19 such funds: Provided further, That each forest legacy

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

21 Provided further, That grants for acquisition of lands or

22 conservation easements shall require that the State dem23 onstrates that 25 percent of the total value of the project

24 is comprised of a non-Federal cost share.
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•HR 2691 EH

1 NATIONAL FOREST SYSTEM

2 For necessary expenses of the Forest Service, not

3 otherwise provided for, for management, protection, im4 provement, and utilization of the National Forest System,

5 $1,400,792,000 (reduced by $6,000,000), to remain avail6 able until expended, which shall include 50 percent of all

7 moneys received during prior fiscal years as fees collected

8 under the Land and Water Conservation Fund Act of

9 1965, as amended, in accordance with section 4 of the Act

10 (16 U.S.C. 460l–6a(i)): Provided, That unobligated

11 balances available at the start of fiscal year 2004 shall

12 be displayed by budget line item in the fiscal year 2005

13 budget justification: Provided further, That the Secretary

14 may authorize the expenditure or transfer of such sums

15 as necessary to the Department of the Interior, Bureau

16 of Land Management, for removal, preparation, and adop17 tion of excess wild horses and burros from National Forest

18 System lands and for the performance of cadastral surveys

19 to designate the boundaries of such lands.

20 For an additional amount to reimburse the Judgment

21 Fund as required by 41 U.S.C. 612(c) for judgment liabil22 ities previously incurred, $188,405,000.

23 WILDLAND FIRE MANAGEMENT

24 For necessary expenses for forest fire presuppression

25 activities on National Forest System lands, for emergency
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•HR 2691 EH

1 fire suppression on or adjacent to such lands or other

2 lands under fire protection agreement, hazardous fuels re3 duction on or adjacent to such lands, and for emergency

4 rehabilitation of burned-over National Forest System

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

6 expended: Provided, That such funds including unobli7 gated balances under this head, are available for repay8 ment of advances from other appropriations accounts pre9 viously transferred for such purposes: Provided further,

10 That not less than 50 percent of any unobligated balances

11 remaining (exclusive of amounts for hazardous fuels re12 duction) at the end of fiscal year 2003 shall be trans13 ferred, as repayment for past advances that have not been

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

15 Public Law 71–319 (16 U.S.C. 576 et seq.): Provided fur16 ther, That notwithstanding any other provision of law,

17 $8,000,000 of funds appropriated under this appropria18 tion shall be used for Fire Science Research in support

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

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

21 contracts, grants, and cooperative agreements, available to

22 execute the Forest and Rangeland Research appropria23 tion, are also available in the utilization of funds for Fire

24 Science Research: Provided further, That funds provided

25 shall be available for emergency rehabilitation and restora-
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•HR 2691 EH

1 tion, hazardous fuels reduction activities in the urban2 wildland interface, support to Federal emergency re3 sponse, and wildfire suppression activities of the Forest

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

5 $246,392,000 is for hazardous fuels reduction activities,

6 $40,000,000 is for rehabilitation and restoration,

7 $22,000,000 is for research activities and to make com8 petitive research grants pursuant to the Forest and

9 Rangeland Renewable Resources Research Act, as amend10 ed (16 U.S.C. 1641 et seq.), $51,000,000 is for State fire

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

12 $25,000,000 is for forest health activities on State, pri13 vate, and Federal lands, and $6,000,000 is for economic

14 action programs: Provided further, That amounts in this

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

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

17 Rangeland Research’’ accounts to fund State fire assist18 ance, volunteer fire assistance, forest health management,

19 economic action programs, forest and rangeland research,

20 vegetation and watershed management, heritage site reha21 bilitation, and wildlife and fish habitat management and

22 restoration: Provided further, That transfers of any

23 amounts in excess of those authorized in this paragraph,

24 shall require approval of the House and Senate Commit25 tees on Appropriations in compliance with reprogramming
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•HR 2691 EH

1 procedures contained in the House report accompanying

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

3 any cooperative agreement between the Federal Govern4 ment and any non-Federal entity may be shared, as mutu5 ally agreed on by the affected parties: Provided further,

6 That in addition to funds provided for State Fire Assist7 ance programs, and subject to all authorities available to

8 the Forest Service under the State and Private Forestry

9 Appropriations, up to $15,000,000 may be used on adja10 cent non-Federal lands for the purpose of protecting com11 munities when hazard reduction activities are planned on

12 national forest lands that have the potential to place such

13 communities at risk: Provided further, That included in

14 funding for hazardous fuel reduction is $5,000,000 for im15 plementing the Community Forest Restoration Act, Public

16 Law 106–393, title VI, and any portion of such funds

17 shall be available for use on non-Federal lands in accord18 ance with authorities available to the Forest Service under

19 the State and Private Forestry Appropriation: Provided

20 further, That in using the funds provided in this Act for

21 hazardous fuels reduction activities, the Secretary of Agri22 culture may conduct fuel reduction treatments on Federal

23 lands using all contracting and hiring authorities available

24 to the Secretary applicable to hazardous fuel reduction ac25 tivities under the wildland fire management accounts: Pro-
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•HR 2691 EH

1 vided further, That notwithstanding Federal Government

2 procurement and contracting laws, the Secretaries may

3 conduct fuel reduction treatments, rehabilitation and res4 toration, and other activities authorized under this head5 ing on and adjacent to Federal lands using grants and

6 cooperative agreements: Provided further, That notwith7 standing Federal Government procurement and con8 tracting laws, in order to provide employment and training

9 opportunities to people in rural communities, the Secre10 taries may award contracts, including contracts for moni11 toring activities, to local private, non-profit, or cooperative

12 entities; Youth Conservation Corps crews or related part13 nerships, with State, local and non-profit youth groups;

14 small or micro-businesses; or other entities that will hire

15 or train a significant percentage of local people to com16 plete such contracts: Provided further, That the authorities

17 described above relating to contracts, grants, and coopera18 tive agreements are available until all funds provided in

19 this title for hazardous fuels reduction activities in the

20 urban wildland interface are obligated: Provided further,

21 That the Secretary of the Interior and the Secretary of

22 Agriculture may authorize the transfer of funds appro23 priated for wildland fire management, in an aggregate

24 amount not to exceed $12,000,000, between the Depart25 ments when such transfers would facilitate and expedite
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•HR 2691 EH

1 jointly funded wildland fire management programs and

2 projects.

3 CAPITAL IMPROVEMENT AND MAINTENANCE

4 For necessary expenses of the Forest Service, not

5 otherwise provided for, $560,473,000, to remain available

6 until expended for construction, reconstruction, mainte7 nance and acquisition of buildings and other facilities, and

8 for construction, reconstruction, repair, decommissioning,

9 and maintenance of forest roads and trails by the Forest

10 Service as authorized by 16 U.S.C. 532–538 and 23

11 U.S.C. 101 and 205: Provided, That up to $15,000,000

12 of the funds provided herein for road maintenance shall

13 be available for the decommissioning of roads, including

14 unauthorized roads not part of the transportation system,

15 which are no longer needed: Provided further, That no

16 funds shall be expended to decommission any system road

17 until notice and an opportunity for public comment has

18 been provided on each decommissioning project.

19 LAND ACQUISITION

20 For expenses necessary to carry out the provisions

21 of the Land and Water Conservation Fund Act of 1965,

22 as amended (16 U.S.C. 460l–4 through 11), including ad23 ministrative expenses, and for acquisition of land or wa24 ters, or interest therein, in accordance with statutory au25 thority applicable to the Forest Service, $29,288,000, to
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•HR 2691 EH

1 be derived from the Land and Water Conservation Fund

2 and to remain available until expended.

3 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

4 ACTS

5 For acquisition of lands within the exterior bound6 aries of the Cache, Uinta, and Wasatch National Forests,

7 Utah; the Toiyabe National Forest, Nevada; and the An8 geles, San Bernardino, Sequoia, and Cleveland National

9 Forests, California, as authorized by law, $1,069,000, to

10 be derived from forest receipts.

11 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

12 For acquisition of lands, such sums, to be derived

13 from funds deposited by State, county, or municipal gov14 ernments, public school districts, or other public school au15 thorities, and for authorized expenditures from funds de16 posited by non-federal parties pursuant to Land Sale and

17 Exchange Acts, pursuant to the Act of December 4, 1967,

18 as amended (16 U.S.C. 484a), to remain available until

19 expended.

20 RANGE BETTERMENT FUND

21 For necessary expenses of range rehabilitation, pro22 tection, and improvement, 50 percent of all moneys re23 ceived during the prior fiscal year, as fees for grazing do24 mestic livestock on lands in National Forests in the 16

25 Western States, pursuant to section 401(b)(1) of Public
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•HR 2691 EH

1 Law 94–579, as amended, to remain available until ex2 pended, of which not to exceed 6 percent shall be available

3 for administrative expenses associated with on-the-ground

4 range rehabilitation, 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 man13 age federal lands in Alaska for subsistence uses under title

14 VIII of the Alaska National Interest Lands Conservation

15 Act (Public Law 96–487), $5,535,000, to remain available

16 until expended.

17 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

18 Appropriations to the Forest Service for the current

19 fiscal year shall be available for: (1) purchase of not to

20 exceed 124 passenger motor vehicles of which 21 will be

21 used primarily for law enforcement purposes and of which

22 124 shall be for replacement; acquisition of 25 passenger

23 motor vehicles from excess sources, and hire of such vehi24 cles; operation and maintenance of aircraft, the purchase

25 of not to exceed seven for replacement only, and acquisi-
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•HR 2691 EH

1 tion of sufficient aircraft from excess sources to maintain

2 the operable fleet at 195 aircraft for use in Forest Service

3 wildland fire programs and other Forest Service programs;

4 notwithstanding other provisions of law, existing aircraft

5 being replaced may be sold, with proceeds derived or

6 trade-in value used to offset the purchase price for the

7 replacement aircraft; (2) services pursuant to 7 U.S.C.

8 2225, and not to exceed $100,000 for employment under

9 5 U.S.C. 3109; (3) purchase, erection, and alteration of

10 buildings and other public improvements (7 U.S.C. 2250);

11 (4) acquisition of land, waters, and interests therein pur12 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the

13 Volunteers in the National Forest Act of 1972 (16 U.S.C.

14 558a, 558d, and 558a note); (6) the cost of uniforms as

15 authorized by 5 U.S.C. 5901–5902; and (7) for debt col16 lection contracts in accordance with 31 U.S.C. 3718(c).

17 None of the funds made available under this Act shall

18 be obligated or expended to abolish any region, to move

19 or close any regional office for National Forest System

20 administration of the Forest Service, Department of Agri21 culture without the consent of the House and Senate Com22 mittees on Appropriations.

23 Any appropriations or funds available to the Forest

24 Service may be transferred to the Wildland Fire Manage25 ment appropriation for forest firefighting, emergency re-
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•HR 2691 EH

1 habilitation of burned-over or damaged lands or waters

2 under its jurisdiction, and fire preparedness due to severe

3 burning conditions if and only if all previously appro4 priated emergency contingent funds under the heading

5 ‘‘Wildland Fire Management’’ have been released by the

6 President and apportioned and all funds under the head7 ing ‘‘Wildland Fire Management’’ are obligated.

8 Funds appropriated to the Forest Service shall be

9 available for assistance to or through the Agency for Inter10 national Development and the Foreign Agricultural Serv11 ice in connection with forest and rangeland research, tech12 nical information, and assistance in foreign countries, and

13 shall be available to support forestry and related natural

14 resource activities outside the United States and its terri15 tories and possessions, including technical assistance, edu16 cation and training, and cooperation with United States

17 and international organizations.

18 None of the funds made available to the Forest Serv19 ice under this Act shall be subject to transfer under the

20 provisions of section 702(b) of the Department of Agri21 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

22 147b unless the proposed transfer is approved in advance

23 by the House and Senate Committees on Appropriations

24 in compliance with the reprogramming procedures con25 tained in the House report accompanying this Act.
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•HR 2691 EH

1 None of the funds available to the Forest Service may

2 be reprogrammed without the advance approval of the

3 House and Senate Committees on Appropriations in ac4 cordance with the procedures contained in the House re5 port accompanying this Act.

6 No funds available to the Forest Service shall be

7 transferred to the Working Capital Fund of the Depart8 ment of Agriculture that exceed the total amount trans9 ferred during fiscal year 2000 for such purposes without

10 the advance approval of the House and Senate Committees

11 on Appropriations.

12 Funds available to the Forest Service shall be avail13 able to conduct a program of not less than $2,000,000

14 for high priority projects within the scope of the approved

15 budget which shall be carried out by the Youth Conserva16 tion Corps.

17 Of the funds available to the Forest Service, $2,500

18 is available to the Chief of the Forest Service for official

19 reception and representation expenses.

20 Pursuant to sections 405(b) and 410(b) of Public

21 Law 101–593, of the funds available to the Forest Service,

22 $3,000,000 may be advanced in a lump sum to the Na23 tional Forest Foundation to aid conservation partnership

24 projects in support of the Forest Service mission, without

25 regard to when the Foundation incurs expenses, for ad-
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•HR 2691 EH

1 ministrative expenses or projects on or benefitting Na2 tional Forest System lands or related to Forest Service

3 programs: Provided, That of the Federal funds made

4 available to the Foundation, no more than $300,000 shall

5 be available for administrative expenses: Provided further,

6 That the Foundation shall obtain, by the end of the period

7 of Federal financial assistance, private contributions to

8 match on at least one-for-one basis funds made available

9 by the Forest Service: Provided further, That the Founda10 tion may transfer Federal funds to a non-Federal recipient

11 for a project at the same rate that the recipient has ob12 tained the non-Federal matching funds: Provided further,

13 That authorized investments of Federal funds held by the

14 Foundation may be made only in interest-bearing obliga15 tions of the United States or in obligations guaranteed as

16 to both principal and interest by the United States.

17 Pursuant to section 2(b)(2) of Public Law 98–244,

18 $2,650,000 of the funds available to the Forest Service

19 shall be available for matching funds to the National Fish

20 and Wildlife Foundation, as authorized by 16 U.S.C.

21 3701–3709, and may be advanced in a lump sum to aid

22 conservation partnership projects in support of the Forest

23 Service mission, without regard to when expenses are in24 curred, for projects on or benefitting National Forest Sys25 tem lands or related to Forest Service programs: Provided,
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•HR 2691 EH

1 That the Foundation shall obtain, by the end of the period

2 of Federal financial assistance, private contributions to

3 match on at least one-for-one basis funds advanced by the

4 Forest Service: Provided further, That the Foundation

5 may transfer Federal funds to a non-Federal recipient for

6 a project at the same rate that the recipient has obtained

7 the non-Federal matching funds.

8 Funds appropriated to the Forest Service shall be

9 available for interactions with and providing technical as10 sistance to rural communities for sustainable rural devel11 opment purposes.

12 Funds appropriated to the Forest Service shall be

13 available for payments to counties within the Columbia

14 River Gorge National Scenic Area, pursuant to sections

15 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

16 663.

17 Not later than 60 days after the date of the enact18 ment of this Act, the Secretary of Agriculture shall submit

19 to Congress, and make available to interested persons, a

20 report containing the results of a management review of

21 outfitter and guiding operations in the John Muir, Ansel

22 Adams, and Dinkey Lakes Wilderness Areas of the Inyo

23 and Sierra National Forests, California. The report shall

24 include information regarding: (1) how the Secretary in25 tends to minimize adverse impacts on the historic access
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•HR 2691 EH

1 rights of special use permittees in these three wilderness

2 areas; and (2) how the Secretary intends to ensure timely

3 compliance with the requirements of the National Envi4 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

5 Notwithstanding any other provision of law, any ap6 propriations or funds available to the Forest Service not

7 to exceed $500,000 may be used to reimburse the Office

8 of the General Counsel (OGC), Department of Agri9 culture, for travel and related expenses incurred as a re10 sult of OGC assistance or participation requested by the

11 Forest Service at meetings, training sessions, management

12 reviews, land purchase negotiations and similar non-litiga13 tion related matters. Future budget justifications for both

14 the Forest Service and the Department of Agriculture

15 should clearly display the sums previously transferred and

16 the requested funding transfers.

17 Any appropriations or funds available to the Forest

18 Service may be used for necessary expenses in the event

19 of law enforcement emergencies as necessary to protect

20 natural resources and public or employee safety: Provided,

21 That such amounts shall not exceed $1,000,000.

22 The Secretary of Agriculture may authorize the sale

23 of excess buildings, facilities, and other properties owned

24 by the Forest Service and located on the Green Mountain

25 National Forest, the revenues of which shall be retained
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•HR 2691 EH

1 by the Forest Service and available to the Secretary with2 out further appropriation and until expended for mainte3 nance and rehabilitation activities on the Green Mountain

4 National Forest.

5 The Secretary of Agriculture may transfer or reim6 burse funds available to the Forest Service, not to exceed

7 $15,000,000, to the Secretary of the Interior or the Sec8 retary of Commerce to expedite conferencing and consulta9 tions as required under section 7 of the Endangered Spe10 cies Act, 16 U.S.C. 1536. The amount of the transfer or

11 reimbursement shall be as mutually agreed by the Sec12 retary of Agriculture and the Secretary of the Interior or

13 Secretary of Commerce, as applicable, or their designees.

14 The amount shall in no case exceed the actual costs of

15 consultation and conferencing.

16 Beginning on June 30, 2001 and concluding on De17 cember 31, 2004, an eligible individual who is employed

18 in any project funded under Title V of the Older American

19 Act of 1965 (42 U.S.C. 3056 et seq.) and administered

20 by the Forest Service shall be considered to be a Federal

21 employee for purposes of chapter 171 of title 28, United

22 States Code.
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•HR 2691 EH

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, $86,000,000 shall not be avail6 able until October 1, 2004: Provided, That funds made

7 available in previous appropriations Acts shall be available

8 for any ongoing project regardless of the separate request

9 for proposal under which the project was selected.

10 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

11 For necessary expenses in carrying out fossil energy

12 research and development activities, under the authority

13 of the Department of Energy Organization Act (Public

14 Law 95–91), including the acquisition of interest, includ15 ing defeasible and equitable interests in any real property

16 or any facility or for plant or facility acquisition or expan17 sion, and for conducting inquiries, technological investiga18 tions and research concerning the extraction, processing,

19 use, and disposal of mineral substances without objection20 able social and environmental costs (30 U.S.C. 3, 1602,

21 and 1603), $609,290,000 to remain available until ex22 pended, of which $2,000,000 is to continue a multi-year

23 project for construction, renovation, furnishing, and demo24 lition or removal of buildings at National Energy Tech25 nology Laboratory facilities in Morgantown, West Virginia
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•HR 2691 EH

1 and Pittsburgh, Pennsylvania; and of which $130,000,000

2 are to be made available, after coordination with the pri3 vate sector, for a request for proposals for a Clean Coal

4 Power Initiative providing for competitively-awarded re5 search, development, and demonstration projects to reduce

6 the barriers to continued and expanded coal use: Provided,

7 That no project may be selected for which sufficient fund8 ing is not available to provide for the total project: Pro9 vided further, That funds shall be expended in accordance

10 with the provisions governing the use of funds contained

11 under the heading ‘‘Clean Coal Technology’’ in 42 U.S.C.

12 5903d: Provided further, That the Department may in13 clude provisions for repayment of Government contribu14 tions to individual projects in an amount up to the Govern15 ment contribution to the project on terms and conditions

16 that are acceptable to the Department including repay17 ments from sale and licensing of technologies from both

18 domestic and foreign transactions: Provided further, That

19 such repayments shall be retained by the Department for

20 future coal-related research, development and demonstra21 tion projects: Provided further, That any technology se22 lected under this program shall be considered a Clean Coal

23 Technology, and any project selected under this program

24 shall be considered a Clean Coal Technology Project, for

25 the purposes of 42 U.S.C. 7651n, and Chapters 51, 52,
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•HR 2691 EH

1 and 60 of title 40 of the Code of Federal Regulations:

2 Provided further, That no part of the sum herein made

3 available shall be used for the field testing of nuclear ex4 plosives in the recovery of oil and gas: Provided further,

5 That up to 4 percent of program direction funds available

6 to the National Energy Technology Laboratory may be

7 used to support Department of Energy activities not in8 cluded 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, $20,500,000, 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

19 the United States and the State of California on October

20 11, 1996, as authorized by section 3415 of Public Law

21 104–106, $36,000,000, to become available on October 1,

22 2004 for payment to the State of California for the State

23 Teachers’ Retirement Fund from the Elk Hills School

24 Lands Fund.
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•HR 2691 EH

1 ENERGY CONSERVATION

2 For necessary expenses in carrying out energy con3 servation activities, $879,487,000 (increased by

4 $15,000,000, reduced by $15,000,000), to remain avail5 able until expended: Provided, That $270,000,000 (in6 creased by $15,000,000) shall be for use in energy con7 servation grant programs as defined in section 3008(3)

8 of Public Law 99–509 (15 U.S.C. 4507): Provided further,

9 That notwithstanding section 3003(d)(2) of Public Law

10 99–509, such sums shall be allocated to the eligible pro11 grams as follows: $225,000,000 (increased by

12 $15,000,000) for weatherization assistance grants and

13 $45,000,000 for State energy program grants.

14 ECONOMIC REGULATION

15 For necessary expenses in carrying out the activities

16 of the Office of Hearings and Appeals, $1,047,000, to re17 main available until expended.

18 STRATEGIC PETROLEUM RESERVE

19 For necessary expenses for Strategic Petroleum Re20 serve facility development and operations and program

21 management activities pursuant to the Energy Policy and

22 Conservation Act of 1975, as amended (42 U.S.C. 6201

23 et seq.), $175,081,000, to remain available until expended.
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•HR 2691 EH

1 NORTHEAST HOME HEATING OIL RESERVE

2 For necessary expenses for Northeast Home Heating

3 Oil Reserve storage, operations, and management activi4 ties pursuant to the Energy Policy and Conservation Act

5 of 2000, $5,000,000, to remain available until expended.

6 ENERGY INFORMATION ADMINISTRATION

7 For necessary expenses in carrying out the activities

8 of the Energy Information Administration, $82,111,000,

9 to remain available until expended.

10 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

11 Appropriations under this Act for the current fiscal

12 year shall be available for hire of passenger motor vehicles;

13 hire, maintenance, and operation of aircraft; purchase, re14 pair, and cleaning of uniforms; and reimbursement to the

15 General Services Administration for security guard serv16 ices.

17 From appropriations under this Act, transfers of

18 sums may be made to other agencies of the Government

19 for the performance of work for which the appropriation

20 is made.

21 None of the funds made available to the Department

22 of Energy under this Act shall be used to implement or

23 finance authorized price support or loan guarantee pro24 grams unless specific provision is made for such programs

25 in an appropriations Act.
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•HR 2691 EH

1 The Secretary is authorized to accept lands, build2 ings, equipment, and other contributions from public and

3 private sources and to prosecute projects in cooperation

4 with other agencies, Federal, State, private or foreign:

5 Provided, That revenues and other moneys received by or

6 for the account of the Department of Energy or otherwise

7 generated by sale of products in connection with projects

8 of the Department appropriated under this Act may be

9 retained by the Secretary of Energy, to be available until

10 expended, and used only for plant construction, operation,

11 costs, and payments to cost-sharing entities as provided

12 in appropriate cost-sharing contracts or agreements: Pro13 vided further, That the remainder of revenues after the

14 making of such payments shall be covered into the Treas15 ury as miscellaneous receipts: Provided further, That any

16 contract, agreement, or provision thereof entered into by

17 the Secretary pursuant to this authority shall not be exe18 cuted prior to the expiration of 30 calendar days (not in19 cluding any day in which either House of Congress is not

20 in session because of adjournment of more than 3 calendar

21 days to a day certain) from the receipt by the Speaker

22 of the House of Representatives and the President of the

23 Senate of a full comprehensive report on such project, in24 cluding the facts and circumstances relied upon in support

25 of the proposed project.
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•HR 2691 EH

1 No funds provided in this Act may be expended by

2 the Department of Energy to prepare, issue, or process

3 procurement documents for programs or projects for

4 which appropriations have not been made.

5 In addition to other authorities set forth in this Act,

6 the Secretary may accept fees and contributions from pub7 lic and private sources, to be deposited in a contributed

8 funds account, and prosecute projects using such fees and

9 contributions in cooperation with other Federal, State or

10 private agencies or concerns.

11 DEPARTMENT OF HEALTH AND HUMAN

12 SERVICES

13 INDIAN HEALTH SERVICE

14 INDIAN HEALTH SERVICES

15 For expenses necessary to carry out the Act of Au16 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina17 tion Act, the Indian Health Care Improvement Act, and

18 titles II and III of the Public Health Service Act with re19 spect to the Indian Health Service, $2,556,082,000, to20 gether with payments received during the fiscal year pur21 suant to 42 U.S.C. 238(b) for services furnished by the

22 Indian Health Service: Provided, That funds made avail23 able to tribes and tribal organizations through contracts,

24 grant agreements, or any other agreements or compacts

25 authorized by the Indian Self-Determination and Edu-
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•HR 2691 EH

1 cation Assistance Act of 1975 (25 U.S.C. 450), shall be

2 deemed to be obligated at the time of the grant or contract

3 award and thereafter shall remain available to the tribe

4 or tribal organization without fiscal year limitation: Pro5 vided further, That $18,000,000 shall remain available

6 until expended, for the Indian Catastrophic Health Emer7 gency Fund: Provided further, That $460,046,000 for con8 tract medical care shall remain available for obligation

9 until September 30, 2005: Provided further, That of the

10 funds provided, up to $27,000,000 to remain available

11 until expended, shall be used to carry out the loan repay12 ment program under section 108 of the Indian Health

13 Care Improvement Act: Provided further, That funds pro14 vided in this Act may be used for 1-year contracts and

15 grants which are to be performed in 2 fiscal years, so long

16 as the total obligation is recorded in the year for which

17 the funds are appropriated: Provided further, That the

18 amounts collected by the Secretary of Health and Human

19 Services under the authority of title IV of the Indian

20 Health Care Improvement Act shall remain available until

21 expended for the purpose of achieving compliance with the

22 applicable conditions and requirements of titles XVIII and

23 XIX of the Social Security Act (exclusive of planning, de24 sign, or construction of new facilities): Provided further,

25 That funding contained herein, and in any earlier appro-
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•HR 2691 EH

1 priations Acts for scholarship programs under the Indian

2 Health Care Improvement Act (25 U.S.C. 1613) shall re3 main available until expended: Provided further, That

4 amounts received by tribes and tribal organizations under

5 title IV of the Indian Health Care Improvement Act shall

6 be reported and accounted for and available to the receiv7 ing tribes and tribal organizations until expended: Pro8 vided further, That, notwithstanding any other provision

9 of law, of the amounts provided herein, not to exceed

10 $270,734,000 shall be for payments to tribes and tribal

11 organizations for contract or grant support costs associ12 ated with contracts, grants, self-governance compacts or

13 annual funding agreements between the Indian Health

14 Service and a tribe or tribal organization pursuant to the

15 Indian Self-Determination Act of 1975, as amended, prior

16 to or during fiscal year 2004, of which not to exceed

17 $2,500,000 may be used for contract support costs associ18 ated with new or expanded self-determination contracts,

19 grants, self-governance compacts or annual funding agree20 ments: Provided further, That funds available for the In21 dian Health Care Improvement Fund may be used, as

22 needed, to carry out activities typically funded under the

23 Indian Health Facilities account.
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•HR 2691 EH

1 INDIAN HEALTH FACILITIES

2 For construction, repair, maintenance, improvement,

3 and equipment of health and related auxiliary facilities,

4 including quarters for personnel; preparation of plans,

5 specifications, and drawings; acquisition of sites, purchase

6 and erection of modular buildings, and purchases of trail7 ers; and for provision of domestic and community sanita8 tion facilities for Indians, as authorized by section 7 of

9 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian

10 Self-Determination Act, and the Indian Health Care Im11 provement Act, and for expenses necessary to carry out

12 such Acts and titles II and III of the Public Health Serv13 ice Act with respect to environmental health and facilities

14 support activities of the Indian Health Service,

15 $392,560,000, to remain available until expended: Pro16 vided, That notwithstanding any other provision of law,

17 funds appropriated for the planning, design, construction

18 or renovation of health facilities for the benefit of an In19 dian tribe or tribes may be used to purchase land for sites

20 to construct, improve, or enlarge health or related facili21 ties: Provided further, That from the funds appropriated

22 herein, $5,000,000 shall be designated by the Indian

23 Health Service as a contribution to the Yukon-Kuskokwim

24 Health Corporation (YKHC) to complete a priority project

25 for the acquisition of land, planning, design and construc-
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•HR 2691 EH

1 tion of 79 staff quarters in the Bethel service area, pursu2 ant to the negotiated project agreement between the

3 YKHC and the Indian Health Service: Provided further,

4 That this project shall not be subject to the construction

5 provisions of the Indian Self-Determination and Edu6 cation Assistance Act and shall be removed from the In7 dian Health Service priority list upon completion: Provided

8 further, That the Federal Government shall not be liable

9 for any property damages or other construction claims

10 that may arise from YKHC undertaking this project: Pro11 vided further, That the land shall be owned or leased by

12 the YKHC and title to quarters shall remain vested with

13 the YKHC: Provided further, That not to exceed $500,000

14 shall be used by the Indian Health Service to purchase

15 TRANSAM equipment from the Department of Defense

16 for distribution to the Indian Health Service and tribal

17 facilities: Provided further, That none of the funds appro18 priated to the Indian Health Service may be used for sani19 tation facilities construction for new homes funded with

20 grants by the housing programs of the United States De21 partment of Housing and Urban Development: Provided

22 further, That not to exceed $500,000 shall be used by the

23 Indian Health Service to obtain ambulances for the Indian

24 Health Service and tribal facilities in conjunction with an

25 existing interagency agreement between the Indian Health
113

•HR 2691 EH

1 Service and the General Services Administration: Provided

2 further, That not to exceed $500,000 shall be placed in

3 a Demolition Fund, available until expended, to be used

4 by the Indian Health Service for demolition of Federal

5 buildings.

6 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

7 Appropriations in this Act to the Indian Health Serv8 ice shall be available for services as authorized by 5 U.S.C.

9 3109 but at rates not to exceed the per diem rate equiva10 lent to the maximum rate payable for senior-level positions

11 under 5 U.S.C. 5376; hire of passenger motor vehicles and

12 aircraft; purchase of medical equipment; purchase of re13 prints; purchase, renovation and erection of modular

14 buildings and renovation of existing facilities; payments

15 for telephone service in private residences in the field,

16 when authorized under regulations approved by the Sec17 retary; and for uniforms or allowances therefor as author18 ized by 5 U.S.C. 5901–5902; and for expenses of attend19 ance at meetings which are concerned with the functions

20 or activities for which the appropriation is made or which

21 will contribute to improved conduct, supervision, or man22 agement of those functions or activities.

23 In accordance with the provisions of the Indian

24 Health Care Improvement Act, non-Indian patients may

25 be extended health care at all tribally administered or In-
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•HR 2691 EH

1 dian Health Service facilities, subject to charges, and the

2 proceeds along with funds recovered under the Federal

3 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall

4 be credited to the account of the facility providing the

5 service and shall be available without fiscal year limitation.

6 Notwithstanding any other law or regulation, funds trans7 ferred from the Department of Housing and Urban Devel8 opment to the Indian Health Service shall be administered

9 under Public Law 86–121 (the Indian Sanitation Facili10 ties Act) and Public Law 93–638, as amended.

11 Funds appropriated to the Indian Health Service in

12 this Act, except those used for administrative and program

13 direction purposes, shall not be subject to limitations di14 rected at curtailing Federal travel and transportation.

15 Notwithstanding any other provision of law, funds

16 previously or herein made available to a tribe or tribal or17 ganization through a contract, grant, or agreement au18 thorized by title I or title III of the Indian Self-Determina19 tion and Education Assistance Act of 1975 (25 U.S.C.

20 450), may be deobligated and reobligated to a self-deter21 mination contract under title I, or a self-governance agree22 ment under title III of such Act and thereafter shall re23 main available to the tribe or tribal organization without

24 fiscal year limitation.
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•HR 2691 EH

1 None of the funds made available to the Indian

2 Health Service in this Act shall be used to implement the

3 final rule published in the Federal Register on September

4 16, 1987, by the Department of Health and Human Serv5 ices, relating to the eligibility for the health care services

6 of the Indian Health Service until the Indian Health Serv7 ice has submitted a budget request reflecting the increased

8 costs associated with the proposed final rule, and such re9 quest has been included in an appropriations Act and en10 acted into law.

11 With respect to functions transferred by the Indian

12 Health Service to tribes or tribal organizations, the Indian

13 Health Service is authorized to provide goods and services

14 to those entities, on a reimbursable basis, including pay15 ment in advance with subsequent adjustment. The reim16 bursements received therefrom, along with the funds re17 ceived from those entities pursuant to the Indian Self-De18 termination Act, may be credited to the same or subse19 quent appropriation account which provided the funding.

20 Such amounts shall remain available until expended.

21 Reimbursements for training, technical assistance, or

22 services provided by the Indian Health Service will contain

23 total costs, including direct, administrative, and overhead

24 associated with the provision of goods, services, or tech25 nical assistance.
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•HR 2691 EH

1 The appropriation structure for the Indian Health

2 Service may not be altered without advance approval of

3 the House and Senate Committees on Appropriations.

4 OTHER RELATED AGENCIES

5 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of Navajo and

8 Hopi Indian Relocation as authorized by Public Law 93–

9 531, $13,532,000, to remain available until expended:

10 Provided, That funds provided in this or any other appro11 priations Act are to be used to relocate eligible individuals

12 and groups including evictees from District 6, Hopi-parti13 tioned lands residents, those in significantly substandard

14 housing, and all others certified as eligible and not in15 cluded in the preceding categories: Provided further, That

16 none of the funds contained in this or any other Act may

17 be used by the Office of Navajo and Hopi Indian Reloca18 tion to evict any single Navajo or Navajo family who, as

19 of November 30, 1985, was physically domiciled on the

20 lands partitioned to the Hopi Tribe unless a new or re21 placement home is provided for such household: Provided

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

23 one new or replacement home: Provided further, That the

24 Office shall relocate any certified eligible relocatees who

25 have selected and received an approved homesite on the
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•HR 2691 EH

1 Navajo reservation or selected a replacement residence off

2 the Navajo reservation or on the land acquired pursuant

3 to 25 U.S.C. 640d–10.

4 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

5 CULTURE AND ARTS DEVELOPMENT

6 PAYMENT TO THE INSTITUTE

7 For payment to the Institute of American Indian and

8 Alaska Native Culture and Arts Development, as author9 ized by title XV of Public Law 99–498, as amended (20

10 U.S.C. 56 part A), $5,250,000.

11 SMITHSONIAN INSTITUTION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Smithsonian Institu14 tion, as authorized by law, including research in the fields

15 of art, science, and history; development, preservation, and

16 documentation of the National Collections; presentation of

17 public exhibits and performances; collection, preparation,

18 dissemination, and exchange of information and publica19 tions; conduct of education, training, and museum assist20 ance programs; maintenance, alteration, operation, lease

21 (for terms not to exceed 30 years), and protection of build22 ings, facilities, and approaches; not to exceed $100,000

23 for services as authorized by 5 U.S.C. 3109; up to five

24 replacement passenger vehicles; purchase, rental, repair,

25 and cleaning of uniforms for employees, $489,748,000, of
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•HR 2691 EH

1 which not to exceed $46,903,000 for the instrumentation

2 program, collections acquisition, exhibition reinstallation,

3 the National Museum of the American Indian, and the re4 patriation of skeletal remains program shall remain avail5 able until expended; and of which $828,000 for fellowships

6 and scholarly awards shall remain available until Sep7 tember 30, 2005; and including such funds as may be nec8 essary to support American overseas research centers and

9 a total of $125,000 for the Council of American Overseas

10 Research Centers: Provided, That funds appropriated

11 herein are available for advance payments to independent

12 contractors performing research services or participating

13 in official Smithsonian presentations: Provided further,

14 That the Smithsonian Institution may expend Federal ap15 propriations designated in this Act for lease or rent pay16 ments for long term and swing space, as rent payable to

17 the Smithsonian Institution, and such rent payments may

18 be deposited into the general trust funds of the Institution

19 to the extent that federally supported activities are housed

20 in the 900 H Street, N.W. building in the District of Co21 lumbia: Provided further, That this use of Federal appro22 priations shall not be construed as debt service, a Federal

23 guarantee of, a transfer of risk to, or an obligation of,

24 the Federal Government: Provided further, That no appro25 priated funds may be used to service debt which is in-
119

•HR 2691 EH

1 curred to finance the costs of acquiring the 900 H Street

2 building or of planning, designing, and constructing im3 provements to such building.

4 FACILITIES CAPITAL

5 For necessary expenses of repair, revitalization, and

6 alteration of facilities owned or occupied by the Smithso7 nian Institution, by contract or otherwise, as authorized

8 by section 2 of the Act of August 22, 1949 (63 Stat. 623),

9 and for construction, including necessary personnel,

10 $93,970,000, to remain available until expended, of which

11 not to exceed $10,000 is for services as authorized by 5

12 U.S.C. 3109: Provided, That contracts awarded for envi13 ronmental systems, protection systems, and repair or res14 toration of facilities of the Smithsonian Institution may

15 be negotiated with selected contractors and awarded on

16 the basis of contractor qualifications as well as price: Pro17 vided further, That balances from amounts previously ap18 propriated under the headings ‘‘Repair, Restoration and

19 Alteration of Facilities’’ and ‘‘Construction’’ shall be

20 transferred to and merged with this appropriation and

21 shall remain until expended.

22 ADMINISTRATIVE PROVISIONS, SMITHSONIAN

23 INSTITUTION

24 None of the funds in this or any other Act may be

25 used to make any changes to the existing Smithsonian
120

•HR 2691 EH

1 science programs including closure of facilities, relocation

2 of staff or redirection of functions and programs without

3 approval from the Board of Regents of recommendations

4 received from the Science Commission.

5 None of the funds in this or any other Act may be

6 used to initiate the design for any proposed expansion of

7 current space or new facility without consultation with the

8 House and Senate Appropriations Committees.

9 None of the funds in this or any other Act may be

10 used for the Holt House located at the National Zoological

11 Park in Washington, D.C., unless identified as repairs to

12 minimize water damage, monitor structure movement, or

13 provide interim structural support.

14 None of the funds available to the Smithsonian may

15 be reprogrammed without the advance written approval of

16 the House and Senate Committees on Appropriations in

17 accordance with the procedures contained in the House

18 report accompanying this Act.

19 The Secretary of the Smithsonian Institution may es20 tablish a voluntary separation incentive program substan21 tially similar to the program established under section

22 1313(a) of the ‘‘Homeland Security Act of 2002’’ (Public

23 Law 107–296, 116 Stat. 2135) for individuals serving in

24 civil service positions in the Smithsonian Institution.
121

•HR 2691 EH

1 NATIONAL GALLERY OF ART

2 SALARIES AND EXPENSES

3 For the upkeep and operations of the National Gal4 lery of Art, the protection and care of the works of art

5 therein, and administrative expenses incident thereto, as

6 authorized by the Act of March 24, 1937 (50 Stat. 51),

7 as amended by the public resolution of April 13, 1939

8 (Public Resolution 9, Seventy-sixth Congress), including

9 services as authorized by 5 U.S.C. 3109; payment in ad10 vance when authorized by the treasurer of the Gallery for

11 membership in library, museum, and art associations or

12 societies whose publications or services are available to

13 members only, or to members at a price lower than to the

14 general public; purchase, repair, and cleaning of uniforms

15 for guards, and uniforms, or allowances therefor, for other

16 employees as authorized by law (5 U.S.C. 5901–5902);

17 purchase or rental of devices and services for protecting

18 buildings and contents thereof, and maintenance, alter19 ation, improvement, and repair of buildings, approaches,

20 and grounds; and purchase of services for restoration and

21 repair of works of art for the National Gallery of Art by

22 contracts made, without advertising, with individuals,

23 firms, or organizations at such rates or prices and under

24 such terms and conditions as the Gallery may deem prop25 er, $88,849,000, of which not to exceed $3,026,000 for
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•HR 2691 EH

1 the special exhibition program shall remain available until

2 expended.

3 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

4 For necessary expenses of repair, restoration and

5 renovation of buildings, grounds and facilities owned or

6 occupied by the National Gallery of Art, by contract or

7 otherwise, as authorized, $11,600,000, to remain available

8 until expended: Provided, That contracts awarded for envi9 ronmental systems, protection systems, and exterior repair

10 or renovation of buildings of the National Gallery of Art

11 may be negotiated with selected contractors and awarded

12 on the basis of contractor qualifications as well as price.

13 JOHN F. KENNEDY CENTER FOR THE PERFORMING

14 ARTS

15 OPERATIONS AND MAINTENANCE

16 For necessary expenses for the operation, mainte17 nance and security of the John F. Kennedy Center for

18 the Performing Arts, $16,560,000.

19 CONSTRUCTION

20 For necessary expenses for capital repair and restora21 tion of the existing features of the building and site of

22 the John F. Kennedy Center for the Performing Arts,

23 $16,000,000, to remain available until expended.
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1 WOODROW WILSON INTERNATIONAL CENTER FOR

2 SCHOLARS

3 SALARIES AND EXPENSES

4 For expenses necessary in carrying out the provisions

5 of the Woodrow Wilson Memorial Act of 1968 (82 Stat.

6 1356) including hire of passenger vehicles and services as

7 authorized by 5 U.S.C. 3109, $8,604,000.

8 NATIONAL FOUNDATION ON THE ARTS AND THE

9 HUMANITIES

10 NATIONAL ENDOWMENT FOR THE ARTS

11 GRANTS AND ADMINISTRATION

12 For necessary expenses to carry out the National

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

14 as amended, $117,480,000 (increased by $10,000,000),

15 shall be available to the National Endowment for the Arts

16 for the support of projects and productions in the arts

17 through assistance to organizations and individuals pursu18 ant to sections 5(c) and 5(g) of the Act, including

19 $17,000,000 (increased by $10,000,000) for support of

20 arts education and public outreach activities through the

21 Challenge America program, for program support, and for

22 administering the functions of the Act, to remain available

23 until expended: Provided, That funds previously appro24 priated to the National Endowment for the Arts ‘‘Match-
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•HR 2691 EH

1 ing Grants’’ account and ‘‘Challenge America’’ account

2 may be transferred to and merged with this account.

3 NATIONAL ENDOWMENT FOR THE HUMANITIES

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National

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

7 as amended, $120,878,000 (increased by $5,000,000),

8 shall be available to the National Endowment for the Hu9 manities for support of activities in the humanities, pursu10 ant to section 7(c) of the Act, and for administering the

11 functions of the Act, to remain available until expended.

12 MATCHING GRANTS

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

14 National Foundation on the Arts and the Humanities Act

15 of 1965, as amended, $16,122,000, to remain available

16 until expended, of which $10,436,000 shall be available

17 to the National Endowment for the Humanities for the

18 purposes of section 7(h): Provided, That this appropria19 tion shall be available for obligation only in such amounts

20 as may be equal to the total amounts of gifts, bequests,

21 and devises of money, and other property accepted by the

22 chairman or by grantees of the Endowment under the pro23 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during

24 the current and preceding fiscal years for which equal

25 amounts have not previously been appropriated.
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1 ADMINISTRATIVE PROVISIONS

2 None of the funds appropriated to the National

3 Foundation on the Arts and the Humanities may be used

4 to process any grant or contract documents which do not

5 include the text of 18 U.S.C. 1913: Provided, That none

6 of the funds appropriated to the National Foundation on

7 the Arts and the Humanities may be used for official re8 ception and representation expenses: Provided further,

9 That funds from nonappropriated sources may be used as

10 necessary for official reception and representation ex11 penses: Provided further, That the Chairperson of the Na12 tional Endowment for the Arts may approve grants up to

13 $10,000, if in the aggregate this amount does not exceed

14 5 percent of the sums appropriated for grant making pur15 poses per year: Provided further, That such small grant

16 actions are taken pursuant to the terms of an expressed

17 and direct delegation of authority from the National Coun18 cil on the Arts to the Chairperson.

19 COMMISSION OF FINE ARTS

20 SALARIES AND EXPENSES

21 For expenses made necessary by the Act establishing

22 a Commission of Fine Arts (40 U.S.C. 104), $1,422,000:

23 Provided, That the Commission is authorized to charge

24 fees to cover the full costs of its publications, and such

25 fees shall be credited to this account as an offsetting col-
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1 lection, to remain available until expended without further

2 appropriation.

3 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

4 For necessary expenses as authorized by Public Law

5 99–190 (20 U.S.C. 956(a)), as amended, $7,000,000.

6 ADMINISTRATIVE PROVISION

7 None of the funds appropriated in this or any other

8 Act, except funds appropriated to the Office of Manage9 ment and Budget, shall be available to study the alteration

10 or transfer of the National Capital Arts and Cultural Af11 fairs program.

12 ADVISORY COUNCIL ON HISTORIC PRESERVATION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Advisory Council on

15 Historic Preservation (Public Law 89–665, as amended),

16 $4,100,000: Provided, That none of these funds shall be

17 available for compensation of level V of the Executive

18 Schedule or higher positions.

19 NATIONAL CAPITAL PLANNING COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses, as authorized by the Na22 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),

23 including services as authorized by 5 U.S.C. 3109,

24 $7,730,000: Provided, That for fiscal year 2004 and there25 after, all appointed members of the Commission will be
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•HR 2691 EH

1 compensated at a rate not to exceed the daily equivalent

2 of the annual rate of pay for positions at level IV of the

3 Executive Schedule for each day such member is engaged

4 in the actual performance of duties.

5 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

6 HOLOCAUST MEMORIAL MUSEUM

7 For expenses of the Holocaust Memorial Museum, as

8 authorized by Public Law 106–292 (36 U.S.C. 2301–

9 2310), $39,997,000, of which $1,900,000 for the muse10 um’s repair and rehabilitation program and $1,264,000

11 for the museum’s exhibitions program shall remain avail12 able until expended.

13 PRESIDIO TRUST

14 PRESIDIO TRUST FUND

15 For necessary expenses to carry out title I of the Om16 nibus Parks and Public Lands Management Act of 1996,

17 $20,700,000 shall be available to the Presidio Trust, to

18 remain available until expended.

19 TITLE III—GENERAL PROVISIONS

20 SEC. 301. The expenditure of any appropriation

21 under this Act for any consulting service through procure22 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

23 to those contracts where such expenditures are a matter

24 of public record and available for public inspection, except
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•HR 2691 EH

1 where otherwise provided under existing law, or under ex2 isting Executive Order issued pursuant to existing law.

3 SEC. 302. No part of any appropriation contained in

4 this Act shall be available for any activity or the publica5 tion or distribution of literature that in any way tends to

6 promote public support or opposition to any legislative

7 proposal on which congressional action is not complete.

8 SEC. 303. No part of any appropriation contained in

9 this Act shall remain available for obligation beyond the

10 current fiscal year unless expressly so provided herein.

11 SEC. 304. None of the funds provided in this Act to

12 any department or agency shall be obligated or expended

13 to provide a personal cook, chauffeur, or other personal

14 servants to any officer or employee of such department

15 or agency except as otherwise provided by law.

16 SEC. 305. No assessments, charges, or billings may

17 be levied against any program, budget activity, subactivity,

18 or project funded by this Act unless advance notice of such

19 assessments, charges, or billings and the basis therefor are

20 presented to the House and Senate Committees on Appro21 priations and are approved by such Committees.

22 SEC. 306. None of the funds in this Act may be used

23 to plan, prepare, or offer for sale timber from trees classi24 fied as giant sequoia (Sequoiadendron giganteum) which

25 are located on National Forest System or Bureau of Land
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•HR 2691 EH

1 Management lands in a manner different than such sales

2 were conducted in fiscal year 2002.

3 SEC. 307. (a) LIMITATION OF FUNDS.—None of the

4 funds appropriated or otherwise made available pursuant

5 to this Act shall be obligated or expended to accept or

6 process applications for a patent for any mining or mill

7 site claim located under the general mining laws.

8 (b) EXCEPTIONS.—The provisions of subsection (a)

9 shall not apply if the Secretary of the Interior determines

10 that, for the claim concerned: (1) a patent application was

11 filed with the Secretary on or before September 30, 1994;

12 and (2) all requirements established under sections 2325

13 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)

14 for vein or lode claims and sections 2329, 2330, 2331,

15 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and

16 37) for placer claims, and section 2337 of the Revised

17 Statutes (30 U.S.C. 42) for mill site claims, as the case

18 may be, were fully complied with by the applicant by that

19 date.

20 (c) REPORT.—On September 30, 2004, the Secretary

21 of the Interior shall file with the House and Senate Com22 mittees on Appropriations and the Committee on Re23 sources of the House of Representatives and the Com24 mittee on Energy and Natural Resources of the Senate

25 a report on actions taken by the Department under the
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•HR 2691 EH

1 plan submitted pursuant to section 314(c) of the Depart2 ment of the Interior and Related Agencies Appropriations

3 Act, 1997 (Public Law 104–208).

4 (d) MINERAL EXAMINATIONS.—In order to process

5 patent applications in a timely and responsible manner,

6 upon the request of a patent applicant, the Secretary of

7 the Interior shall allow the applicant to fund a qualified

8 third-party contractor to be selected by the Bureau of

9 Land Management to conduct a mineral examination of

10 the mining claims or mill sites contained in a patent appli11 cation as set forth in subsection (b). The Bureau of Land

12 Management shall have the sole responsibility to choose

13 and pay the third-party contractor in accordance with the

14 standard procedures employed by the Bureau of Land

15 Management in the retention of third-party contractors.

16 SEC. 308. Notwithstanding any other provision of

17 law, amounts appropriated to or earmarked in committee

18 reports for the Bureau of Indian Affairs and the Indian

19 Health Service by Public Laws 103–138, 103–332, 104–

20 134, 104–208, 105–83, 105–277, 106–113, 106–291,

21 107–63, and 108–7 for payments to tribes and tribal orga22 nizations for contract support costs associated with self23 determination or self-governance contracts, grants, com24 pacts, or annual funding agreements with the Bureau of

25 Indian Affairs or the Indian Health Service as funded by
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•HR 2691 EH

1 such Acts, are the total amounts available for fiscal years

2 1994 through 2003 for such purposes, except that, for the

3 Bureau of Indian Affairs, tribes and tribal organizations

4 may use their tribal priority allocations for unmet indirect

5 costs of ongoing contracts, grants, self-governance com6 pacts or annual funding agreements.

7 SEC. 309. Of the funds provided to the National En8 dowment for the Arts—

9 (1) The Chairperson shall only award a grant

10 to an individual if such grant is awarded to such in11 dividual for a literature fellowship, National Herit12 age Fellowship, or American Jazz Masters Fellow13 ship.

14 (2) The Chairperson shall establish procedures

15 to ensure that no funding provided through a grant,

16 except a grant made to a State or local arts agency,

17 or regional group, may be used to make a grant to

18 any other organization or individual to conduct ac19 tivity independent of the direct grant recipient.

20 Nothing in this subsection shall prohibit payments

21 made in exchange for goods and services.

22 (3) No grant shall be used for seasonal support

23 to a group, unless the application is specific to the

24 contents of the season, including identified programs

25 and/or projects.
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•HR 2691 EH

1 SEC. 310. The National Endowment for the Arts and

2 the National Endowment for the Humanities are author3 ized to solicit, accept, receive, and invest in the name of

4 the United States, gifts, bequests, or devises of money and

5 other property or services and to use such in furtherance

6 of the functions of the National Endowment for the Arts

7 and the National Endowment for the Humanities. Any

8 proceeds from such gifts, bequests, or devises, after ac9 ceptance by the National Endowment for the Arts or the

10 National Endowment for the Humanities, shall be paid by

11 the donor or the representative of the donor to the Chair12 man. The Chairman shall enter the proceeds in a special

13 interest-bearing account to the credit of the appropriate

14 endowment for the purposes specified in each case.

15 SEC. 311. (a) In providing services or awarding fi16 nancial assistance under the National Foundation on the

17 Arts and the Humanities Act of 1965 from funds appro18 priated under this Act, the Chairperson of the National

19 Endowment for the Arts shall ensure that priority is given

20 to providing services or awarding financial assistance for

21 projects, productions, workshops, or programs that serve

22 underserved populations.

23 (b) In this section:

24 (1) The term ‘‘underserved population’’ means

25 a population of individuals, including urban minori-
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•HR 2691 EH

1 ties, who have historically been outside the purview

2 of arts and humanities programs due to factors such

3 as a high incidence of income below the poverty line

4 or to geographic isolation.

5 (2) The term ‘‘poverty line’’ means the poverty

6 line (as defined by the Office of Management and

7 Budget, and revised annually in accordance with sec8 tion 673(2) of the Community Services Block Grant

9 Act (42 U.S.C. 9902(2)) (applicable to a family of

10 the size involved.

11 (c) In providing services and awarding financial as12 sistance under the National Foundation on the Arts and

13 Humanities Act of 1965 with funds appropriated by this

14 Act, the Chairperson of the National Endowment for the

15 Arts shall ensure that priority is given to providing serv16 ices or awarding financial assistance for projects, produc17 tions, workshops, or programs that will encourage public

18 knowledge, education, understanding, and appreciation of

19 the arts.

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

21 section 5 of the National Foundation on the Arts and Hu22 manities Act of 1965—

23 (1) the Chairperson shall establish a grant cat24 egory for projects, productions, workshops, or pro-
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•HR 2691 EH

1 grams that are of national impact or availability or

2 are able to tour several States;

3 (2) the Chairperson shall not make grants ex4 ceeding 15 percent, in the aggregate, of such funds

5 to any single State, excluding grants made under the

6 authority of paragraph (1);

7 (3) the Chairperson shall report to the Con8 gress annually and by State, on grants awarded by

9 the Chairperson in each grant category under sec10 tion 5 of such Act; and

11 (4) the Chairperson shall encourage the use of

12 grants to improve and support community-based

13 music performance and education.

14 SEC. 312. No part of any appropriation contained in

15 this Act shall be expended or obligated to complete and

16 issue the 5-year program under the Forest and Rangeland

17 Renewable Resources Planning Act.

18 SEC. 313. None of the funds in this Act may be used

19 to support Government-wide administrative functions un20 less such functions are justified in the budget process and

21 funding is approved by the House and Senate Committees

22 on Appropriations.

23 SEC. 314. Notwithstanding any other provision of

24 law, none of the funds in this Act may be used for GSA

25 Telecommunication Centers.
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1 SEC. 315. Notwithstanding any other provision of

2 law, for fiscal year 2004 the Secretaries of Agriculture and

3 the Interior are authorized to limit competition for water4 shed restoration project contracts as part of the ‘‘Jobs in

5 the Woods’’ Program established in Region 10 of the For6 est Service to individuals and entities in historically tim7 ber-dependent areas in the States of Washington, Oregon,

8 northern California, Idaho, Montana, and Alaska that

9 have been affected by reduced timber harvesting on Fed10 eral lands. The Secretaries shall consider the benefits to

11 the local economy in evaluating bids and designing pro12 curements which create economic opportunities for local

13 contractors.

14 SEC. 316. Amounts deposited during fiscal year 2003

15 in the roads and trails fund provided for in the 14th para16 graph under the heading ‘‘FOREST SERVICE’’ of the

17 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall

18 be used by the Secretary of Agriculture, without regard

19 to the State in which the amounts were derived, to repair

20 or reconstruct roads, bridges, and trails on National For21 est System lands or to carry out and administer projects

22 to improve forest health conditions, which may include the

23 repair or reconstruction of roads, bridges, and trails on

24 National Forest System lands in the wildland-community

25 interface where there is an abnormally high risk of fire.
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1 The projects shall emphasize reducing risks to human

2 safety and public health and property and enhancing eco3 logical functions, long-term forest productivity, and bio4 logical integrity. The projects may be completed in a sub5 sequent fiscal year. Funds shall not be expended under

6 this section to replace funds which would otherwise appro7 priately be expended from the timber salvage sale fund.

8 Nothing in this section shall be construed to exempt any

9 project from any environmental law.

10 SEC. 317. Other than in emergency situations, none

11 of the funds in this Act may be used to operate telephone

12 answering machines during core business hours unless

13 such answering machines include an option that enables

14 callers to reach promptly an individual on-duty with the

15 agency being contacted.

16 SEC. 318. No timber sale in Region 10 shall be adver17 tised if the indicated rate is deficit when appraised using

18 a residual value approach that assigns domestic Alaska

19 values for western redcedar. Program accomplishments

20 shall be based on volume sold. Should Region 10 sell, in

21 fiscal year 2004, the annual average portion of the decadal

22 allowable sale quantity called for in the current Tongass

23 Land Management Plan in sales which are not deficit

24 when appraised using a residual value approach that as25 signs domestic Alaska values for western redcedar, all of
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•HR 2691 EH

1 the western redcedar timber from those sales which is sur2 plus to the needs of domestic processors in Alaska, shall

3 be made available to domestic processors in the contiguous

4 48 United States at prevailing domestic prices. Should Re5 gion 10 sell, in fiscal year 2003, less than the annual aver6 age portion of the decadal allowable sale quantity called

7 for in the Tongass Land Management Plan in sales which

8 are not deficit when appraised using a residual value ap9 proach that assigns domestic Alaska values for western

10 redcedar, the volume of western redcedar timber available

11 to domestic processors at prevailing domestic prices in the

12 contiguous 48 United States shall be that volume: (i)

13 which is surplus to the needs of domestic processors in

14 Alaska, and (ii) is that percent of the surplus western

15 redcedar volume determined by calculating the ratio of the

16 total timber volume which has been sold on the Tongass

17 to the annual average portion of the decadal allowable sale

18 quantity called for in the current Tongass Land Manage19 ment Plan. The percentage shall be calculated by Region

20 10 on a rolling basis as each sale is sold (for purposes

21 of this amendment, a ‘‘rolling basis’’ shall mean that the

22 determination of how much western redcedar is eligible for

23 sale to various markets shall be made at the time each

24 sale is awarded). Western redcedar shall be deemed ‘‘sur25 plus to the needs of domestic processors in Alaska’’ when
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•HR 2691 EH

1 the timber sale holder has presented to the Forest Service

2 documentation of the inability to sell western redcedar logs

3 from a given sale to domestic Alaska processors at a price

4 equal to or greater than the log selling value stated in

5 the contract. All additional western redcedar volume not

6 sold to Alaska or contiguous 48 United States domestic

7 processors may be exported to foreign markets at the elec8 tion of the timber sale holder. All Alaska yellow cedar may

9 be sold at prevailing export prices at the election of the

10 timber sale holder.

11 SEC. 319. A project undertaken by the Forest Service

12 under the Recreation Fee Demonstration Program as au13 thorized by section 315 of the Department of the Interior

14 and Related Agencies Appropriations Act for Fiscal Year

15 1996, as amended, shall not result in—

16 (1) displacement of the holder of an authoriza17 tion to provide commercial recreation services on

18 Federal lands. Prior to initiating any project, the

19 Secretary shall consult with potentially affected

20 holders to determine what impacts the project may

21 have on the holders. Any modifications to the au22 thorization shall be made within the terms and con23 ditions of the authorization and authorities of the

24 impacted agency;
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•HR 2691 EH

1 (2) the return of a commercial recreation serv2 ice to the Secretary for operation when such services

3 have been provided in the past by a private sector

4 provider, except when—

5 (A) the private sector provider fails to

6 bid on such opportunities;

7 (B) the private sector provider termi8 nates its relationship with the agency; or

9 (C) the agency revokes the permit for

10 non-compliance with the terms and conditions

11 of the authorization.

12 In such cases, the agency may use the Recreation Fee

13 Demonstration Program to provide for operations until a

14 subsequent operator can be found through the offering of

15 a new prospectus.

16 SEC. 320. Prior to October 1, 2004, the Secretary

17 of Agriculture shall not be considered to be in violation

18 of subparagraph 6(f)(5)(A) of the Forest and Rangeland

19 Renewable Resources Planning Act of 1974 (16 U.S.C.

20 1604(f)(5)(A)) solely because more than 15 years have

21 passed without revision of the plan for a unit of the Na22 tional Forest System. Nothing in this section exempts the

23 Secretary from any other requirement of the Forest and

24 Rangeland Renewable Resources Planning Act (16 U.S.C.

25 1600 et seq.) or any other law: Provided, That if the Sec-
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•HR 2691 EH

1 retary is not acting expeditiously and in good faith, within

2 the funding available, to revise a plan for a unit of the

3 National Forest System, this section shall be void with re4 spect to such plan and a court of proper jurisdiction may

5 order completion of the plan on an accelerated basis.

6 SEC. 321. No funds provided in this Act may be ex7 pended to conduct preleasing, leasing and related activities

8 under either the Mineral Leasing Act (30 U.S.C. 181 et

9 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C.

10 1331 et seq.) within the boundaries of a National Monu11 ment established pursuant to the Act of June 8, 1906 (16

12 U.S.C. 431 et seq.) as such boundary existed on January

13 20, 2001, except where such activities are allowed under

14 the Presidential proclamation establishing such monu15 ment.

16 SEC. 322. EXTENSION OF FOREST SERVICE CONVEY17 ANCES PILOT PROGRAM.—Section 329 of the Department

18 of the Interior and Related Agencies Appropriations Act,

19 2002 (16 U.S.C. 580d note; Public Law 107–63) is

20 amended—

21 (1) in subsection (b), by striking ‘‘20’’ and in22 serting ‘‘30’’;

23 (2) in subsection (c) by striking ‘‘3’’ and insert24 ing ‘‘8’’; and
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•HR 2691 EH

1 (3) in subsection (d), by striking ‘‘2006’’ and

2 inserting ‘‘2007’’.

3 SEC. 323. Employees of the foundations established

4 by Acts of Congress to solicit private sector funds on be5 half of Federal land management agencies shall, in fiscal

6 year 2004 and thereafter, qualify for General Service Ad7 ministration contract airfares.

8 SEC. 324. In entering into agreements with foreign

9 countries pursuant to the Wildfire Suppression Assistance

10 Act (42 U.S.C. 1856m) the Secretary of Agriculture and

11 the Secretary of the Interior are authorized to enter into

12 reciprocal agreements in which the individuals furnished

13 under said agreements to provide fire management serv14 ices are considered, for purposes of tort liability, employ15 ees of the country receiving said services when the individ16 uals are engaged in fire management activities: Provided,

17 That the Secretary of Agriculture or the Secretary of the

18 Interior shall not enter into any agreement under this pro19 vision unless the foreign country (either directly or

20 through its fire organization) agrees to assume any and

21 all liability for the acts or omissions of American fire22 fighters engaged in firefighting in a foreign country: Pro23 vided further, That when an agreement is reached for fur24 nishing fire fighting services, the only remedies for acts

25 or omissions committed while fighting fires shall be those
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•HR 2691 EH

1 provided under the laws of the host country, and those

2 remedies shall be the exclusive remedies for any claim aris3 ing out of fighting fires in a foreign country: Provided fur4 ther, That neither the sending country nor any legal orga5 nization associated with the firefighter shall be subject to

6 any legal action whatsoever pertaining to or arising out

7 of the firefighter’s role in fire suppression.

8 SEC. 325. A grazing permit or lease issued by the

9 Secretary of the Interior or a grazing permit issued by

10 the Secretary of Agriculture where National Forest Sys11 tem lands are involved that expires, is transferred, or

12 waived during fiscal year 2004 shall be renewed under sec13 tion 402 of the Federal Land Policy and Management Act

14 of 1976, as amended (43 U.S.C. 1752), section 19 of the

15 Granger-Thye Act, as amended (16 U.S.C. 580l), title III

16 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010

17 et seq.), or, if applicable, section 510 of the California

18 Desert Protection Act (16 U.S.C. 410aaa–50). The terms

19 and conditions contained in the expired, transferred, or

20 waived permit or lease shall continue in effect under the

21 renewed permit or lease until such time as the Secretary

22 of the Interior or Secretary of Agriculture as appropriate

23 completes processing of such permit or lease in compliance

24 with all applicable laws and regulations, at which time

25 such permit or lease may be canceled, suspended or modi-
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•HR 2691 EH

1 fied, in whole or in part, to meet the requirements of such

2 applicable laws and regulations. Nothing in this section

3 shall be deemed to alter the statutory authority of the Sec4 retary of the Interior or the Secretary of Agriculture: Pro5 vided, That where National Forest System lands are in6 volved and the Secretary of Agriculture has renewed an

7 expired or waived grazing permit prior to or during fiscal

8 year 2004, the terms and conditions of the renewed graz9 ing permit shall remain in effect until such time as the

10 Secretary of Agriculture completes processing of the re11 newed permit in compliance with all applicable laws and

12 regulations or until the expiration of the renewed permit,

13 whichever comes first. Upon completion of the processing,

14 the permit may be canceled, suspended or modified, in

15 whole or in part, to meet the requirements of applicable

16 laws and regulations. Nothing in this section shall be

17 deemed to alter the Secretary of Agriculture’s statutory

18 authority.

19 SEC. 326. Notwithstanding any other provision of law

20 or regulation, to promote the more efficient use of the

21 health care funding allocation for fiscal year 2004, the

22 Eagle Butte Service Unit of the Indian Health Service,

23 at the request of the Cheyenne River Sioux Tribe, may

24 pay base salary rates to health professionals up to the

25 highest grade and step available to a physician, phar-
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•HR 2691 EH

1 macist, or other health professional and may pay a recruit2 ment or retention bonus of up to 25 percent above the

3 base pay rate.

4 SEC. 327. None of the funds made available in this

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government except

7 pursuant to a transfer made by, or transfer authority pro8 vided in, this Act or any other appropriations Act.

9 SEC. 328. PROHIBITION OF OIL AND GAS DRILLING

10 IN THE FINGER LAKES NATIONAL FOREST, NEW

11 YORK.—None of the funds in this Act may be used to

12 prepare or issue a permit or lease for oil or gas drilling

13 in the Finger Lakes National Forest, New York, during

14 fiscal year 2004.

15 SEC. 329. None of the funds made available in this

16 Act may be used for the planning, design, or construction

17 of improvements to Pennsylvania Avenue in front of the

18 White House without the advance approval of the Commit19 tees on Appropriations.

20 SEC. 330. In awarding a Federal Contract with funds

21 made available by this Act, the Secretary of Agriculture

22 and the Secretary of the Interior (the ‘‘Secretaries’’) may,

23 in evaluating bids and proposals, give consideration to

24 local contractors who are from, and who provide employ25 ment and training for, dislocated and displaced workers
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1 in an economically disadvantaged rural community, in2 cluding those historically timber-dependent areas that

3 have been affected by reduced timber harvesting on Fed4 eral lands and other forest-dependent rural communities

5 isolated from significant alternative employment opportu6 nities: Provided, That the Secretaries may award grants

7 or cooperative agreements to local non-profit entities,

8 Youth Conservation Corps or related partnerships with

9 State, local or non-profit youth groups, or small or dis10 advantaged business if the contract, grant, or cooperative

11 agreement is for forest hazardous fuels reduction, water12 shed or water quality monitoring or restoration, wildlife

13 or fish population monitoring, or habitat restoration or

14 management: Provided further, That the terms ‘‘rural

15 community’’ and ‘‘economically disadvantaged’’ shall have

16 the same meanings as in section 2374 of Public Law 101–

17 624: Provided further, That the Secretaries shall develop

18 guidance to implement this section: Provided further, That

19 nothing in this section shall be construed as relieving the

20 Secretaries of any duty under applicable procurement

21 laws, except as provided in this section.

22 SEC. 331. No funds appropriated in this Act for the

23 acquisition of lands or interests in lands may be expended

24 for the filing of declarations of taking or complaints in

25 condemnation without the approval of the House and Sen-
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1 ate Committees on Appropriations: Provided, That this

2 provision shall not apply to funds appropriated to imple3 ment the Everglades National Park Protection and Ex4 pansion Act of 1989, or to funds appropriated for federal

5 assistance to the State of Florida to acquire lands for Ev6 erglades restoration purposes.

7 SEC. 332. Section 315(f) of the Department of the

8 Interior and Related Agencies Appropriations Act, 1996

9 (as contained in section 101(c) of Public Law 104–134;

10 110 Stat. 1321–200; 16 U.S.C. 460l–6a note), is

11 amended—

12 (1) by striking ‘‘2004’’ and inserting ‘‘2006’’;

13 and

14 (2) by striking ‘‘2007’’ and inserting ‘‘2009’’.

15 SEC. 333. Subsection (c) of section 551 of the Land

16 Between the Lakes Protection Act of 1998 (16 U.S.C.

17 460lll–61) is amended to read as follows:

18 ‘‘(c) USE OF FUNDS.—The Secretary of Agriculture

19 may expend amounts appropriated or otherwise made

20 available to carry out this title in a manner consistent with

21 the authorities exercised by the Tennessee Valley Author22 ity before the transfer of the Recreation Area to the ad23 ministrative jurisdiction of the Secretary, including camp24 ground management and visitor services, paid advertise-
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1 ment, and procurement of food and supplies for resale

2 purposes.’’.

3 SEC. 334. Section 339 of the Department of the Inte4 rior and Related Agencies Appropriations Act, 2000, as

5 enacted into law by section 1000(a)(3) of Public Law 106–

6 113 (113 Stat. 1501A–204; 16 U.S.C. 528 note), is

7 amended—

8 (1) in subsection (b)—

9 (A) in the first sentence, by striking ‘‘not

10 less than the fair market value’’ and inserting

11 ‘‘fees under subsection (c)’’; and

12 (B) by striking the second sentence and in13 serting the following: ‘‘The Secretary shall es14 tablish appraisal methods and bidding proce15 dures to determine the fair market value of for16 est botanical products harvested under the pilot

17 program.’’;

18 (2) in subsection (c), by striking paragraph (1)

19 and inserting the following new paragraph (1):

20 ‘‘(1) IMPOSITION AND COLLECTION.—Under the

21 pilot program, the Secretary of Agriculture shall

22 charge and collect from a person who harvests forest

23 botanical products on National Forest System lands

24 a fee in an amount established by the Secretary to

25 recover at least a portion of the fair market value
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•HR 2691 EH

1 of the harvested forest botanical products and a por2 tion of the costs incurred by the Department of Ag3 riculture associated with granting, modifying, or

4 monitoring the authorization for harvest of the for5 est botanical products, including the costs of any en6 vironmental or other analysis.’’;

7 (3) in subsection (d)(1), by striking ‘‘charges

8 and fees under subsections (b) and’’ and inserting

9 ‘‘a fee under subsection’’;

10 (4) in subsection (f)—

11 (A) in paragraph (1), by striking ‘‘sub12 sections (b) and’’ and inserting ‘‘subsection’’;

13 (B) in paragraph (2), by striking ‘‘in ex14 cess of the amounts collected for forest botan15 ical products during fiscal year 1999’’;

16 (C) in paragraph (3), by striking ‘‘charges

17 and fees collected at that unit under the pilot

18 program to pay for’’ and all that follows

19 through the period at the end and inserting

20 ‘‘fees collected at that unit under subsection (c)

21 to pay for the costs of conducting inventories of

22 forest botanical products, determining sustain23 able levels of harvest, monitoring and assessing

24 the impacts of harvest levels and methods, con25 ducting restoration activities, including any nec-
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•HR 2691 EH

1 essary vegetation, and covering costs of the De2 partment of Agriculture described in subsection

3 (c)(1).’’; and

4 (D) in paragraph (4), by striking ‘‘sub5 sections (b) and’’ and inserting ‘‘subsection’’;

6 (5) in subsection (g)—

7 (A) by striking ‘‘charges and fees under

8 subsections (b) and’’ and inserting ‘‘fees under

9 subsection’’; and

10 (B) by striking ‘‘subsections (b) and’’ the

11 second place it appears and inserting ‘‘sub12 section’’; and

13 (6) in subsection (h), by striking paragraph (1)

14 and inserting the following new paragraph (1):

15 ‘‘(1) COLLECTION OF FEES.—The Secretary of

16 Agriculture may collect fees under the authority of

17 subsection (c) until September 30, 2009.’’.

18 SEC. 335. None of the funds in this Act can be used

19 to initiate any new competitive sourcing studies.

20 SEC. 336. None of the funds made available by this

21 Act may be used for the implementation of a competitive

22 sourcing study at the Midwest Archaeological Center in

23 Lincoln, Nebraska, or the Southeast Archaeological Cen24 ter in Florida.
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1 SEC. 337. None of the funds made available by this

2 Act may be used to implement amendments to Bureau of

3 Land Management regulations on Recordable Disclaimers

4 of Interest in Land (subpart 1864 of part 1860 of title

5 43, Code of Federal Regulations) as adopted on January

6 6, 2003, with regard to any lands within a designated Na7 tional Monument, Wilderness Study Area, National Park

8 System unit, National Wildlife Refuge System unit, or

9 lands within the National Wilderness Preservation Sys10 tem.

11 This Act may be cited as the ‘‘Department of the In12 terior and Related Agencies Appropriations Act, 2004’’.

Passed the House of Representatives July 17, 2003.

Attest:

Clerk.