IB 

Union Calendar No. 100

108TH CONGRESS 

1ST SESSION H. R. 2691

[Report No. 108–195] 

Making appropriations for the Department of the Interior and related agencies 

for the fiscal year ending September 30, 2004, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2003

Mr. TAYLOR of North Carolina, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

A BILL

Making appropriations for the Department of the Interior 

and related agencies for the fiscal year ending September 

30, 2004, and for other purposes.

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Interior and related agencies for the 

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

2 BUREAU OF LAND MANAGEMENT

3 MANAGEMENT OF LANDS AND RESOURCES

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

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

10 of the Bureau of Land Management, including the general 

11 administration of the Bureau, and assessment of mineral 

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

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

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

15 projects, to be carried out by the Youth Conservation 

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

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

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

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

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

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

2 sum grant without regard to when expenses are incurred; 

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

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

7 Bureau and credited to this appropriation from annual 

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

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

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

12 the cost of administering communication site activities: 

13 Provided, That appropriations herein made shall not be 

14 available for the destruction of healthy, unadopted, wild 

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

17 WILDLAND FIRE MANAGEMENT

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

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

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

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

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

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

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

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

7 Department of the Interior for fire protection rendered 

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

9 States property, may be credited to the appropriation from 

10 which funds were expended to provide that protection, and 

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

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

14 procurement contracts, grants, or cooperative agreements, 

15 for hazardous fuels reduction activities, and for training 

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

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

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

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

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

3 Secretary may take into account the ability of an entity 

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

6 award procurement contracts, grants, or cooperative 

7 agreements under this heading to entities that include 

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

10 Provided further, That funds appropriated under this head 

11 may be used to reimburse the United States Fish and 

12 Wildlife Service and the National Marine Fisheries Service 

13 for the costs of carrying out their responsibilities under 

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

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

16 of such Act in connection with wildland fire management 

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

19 non-competitive sole source leases of real property with 

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

22 leased properties, including but not limited to fire guard 

23 stations, retardant stations, and other initial attack and 

24 fire support facilities, and to make advance payments for 

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

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

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

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

10 CENTRAL HAZARDOUS MATERIALS FUND

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

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

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

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

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

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

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

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

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

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

3 disposed of by the Secretary and which shall be credited 

4 to this account.

5 CONSTRUCTION

6 For construction of buildings, recreation facilities, 

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

8 remain available until expended.

9 LANDACQUISITION

10 For expenses necessary to carry out sections 205, 

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

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

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

16 OREGON ANDCALIFORNIA GRANT LANDS

17 For expenses necessary for management, protection, 

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

20 other improvements on the revested Oregon and California 

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

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

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

2 aggregate of all receipts during the current fiscal year 

3 from the revested Oregon and California Railroad grant 

4 lands is hereby made a charge against the Oregon and 

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

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

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

9 FOREST ECOSYSTEMS HEALTH ANDRECOVERY FUND

10 (REVOLVING FUND, SPECIAL ACCOUNT) 

11 In addition to the purposes authorized in Public Law 

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

13 Health and Recovery Fund can be used for the purpose 

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

16 activities, such as release from competing vegetation and 

17 density control treatments. The Federal share of receipts 

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

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

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

21 treatments funded by this account shall be deposited into 

22 the Forest Ecosystem Health and Recovery Fund.

23 RANGE IMPROVEMENTS

24 For rehabilitation, protection, and acquisition of 

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

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

3 notwithstanding any other Act, sums equal to 50 percent 

4 of all moneys received during the prior fiscal year under 

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

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

8 Bankhead-Jones lands transferred to the Department of 

9 the Interior pursuant to law, but not less than 

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

12 administrative expenses.

13 SERVICE CHARGES, DEPOSITS, ANDFORFEITURES

14 For administrative expenses and other costs related 

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

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

20 and for rehabilitation of damaged property, such amounts 

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

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

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

2 forfeiture, compromise, or settlement, if not appropriate 

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

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

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

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

9 purchaser, permittee, or any unauthorized person, without 

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

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

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

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

15 repair other damaged public lands.

16 MISCELLANEOUS TRUST FUNDS

17 In addition to amounts authorized to be expended 

18 under existing laws, there is hereby appropriated such 

19 amounts as may be contributed under section 307 of the 

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

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

24 available until expended.
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1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the Bureau of Land Management 

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

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

8 or evidence concerning violations of laws administered by 

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

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

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

16 jointly produced publications for which the cooperators 

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

18 and the Bureau determines the cooperator is capable of 

19 meeting accepted quality standards: Provided further,

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

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

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

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

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

2 RESOURCE MANAGEMENT

3 For necessary expenses of the United States Fish and 

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

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

7 general administration, and for the performance of other 

8 authorized functions related to such resources by direct 

9 expenditure, contracts, grants, cooperative agreements 

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

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

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

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

19 Conservation Corps: Provided further, That not to exceed 

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

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

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

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

3 regarding the designation of critical habitat, pursuant to 

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

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

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

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

8 remain available until expended, may at the discretion of 

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

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

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

17 analyses.

18 CONSTRUCTION

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

24 available until expended.
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1 LANDACQUISITION

2 For expenses necessary to carry out the Land and 

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

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

6 therein, in accordance with statutory authority applicable 

7 to the United States Fish and Wildlife Service, 

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

10 Provided, That none of the funds appropriated for specific 

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

13 costs.

14 LANDOWNER INCENTIVE PROGRAM

15 For expenses necessary to carry out the Land and 

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

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

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

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

22 herein is for a Landowner Incentive Program established 

23 by the Secretary that provides matching, competitively 

24 awarded grants to States, the District of Columbia, 

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

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

5 private landowners for the protection and management of 

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

7 other at-risk species on private lands.

8 STEWARDSHIP GRANTS

9 For expenses necessary to carry out the Land and 

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

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

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

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

16 herein is for a Stewardship Grants Program established 

17 by the Secretary to provide grants and other assistance 

18 to individuals and groups engaged in private conservation 

19 efforts that benefit federally listed, proposed, candidate, 

20 or other at-risk species.

21 COOPERATIVE ENDANGERED SPECIES CONSERVATION

22 FUND

23 For expenses necessary to carry out section 6 of the 

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

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

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

5 NATIONAL WILDLIFE REFUGE FUND

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

8 NORTH AMERICAN WETLANDS CONSERVATION FUND

9 For expenses necessary to carry out the provisions 

10 of the North American Wetlands Conservation Act, Public 

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

13 NEOTROPICAL MIGRATORY BIRDCONSERVATION

14 For financial assistance for projects to promote the con15 servation of neotropical migratory birds in accordance 

16 with the Neotropical Migratory Bird Conservation Act, 

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

18 to remain available until expended.

19 MULTINATIONAL SPECIES CONSERVATION FUND

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

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

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

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

3 STATE ANDTRIBAL WILDLIFE GRANTS

4 For wildlife conservation grants to States and to the 

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

6 States Virgin Islands, the Northern Mariana Islands, 

7 American Samoa, and federally recognized Indian tribes 

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

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

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

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

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

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

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

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

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

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

2 shall apportion the remaining amount in the following 

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

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

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

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

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

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

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

11 amount available for apportionment under this paragraph 

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

13 Provided further, That the Federal share of planning 

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

15 such projects and the Federal share of implementation 

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

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

18 share of such projects may not be derived from Federal 

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

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

22 comprehensive wildlife conservation plan, consistent with 

23 criteria established by the Secretary of the Interior, that 

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

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

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

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

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

7 be reapportioned, together with funds appropriated in 

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

9 That balances from amounts previously appropriated 

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

13 ADMINISTRATIVE PROVISIONS

14 Appropriations and funds available to the United 

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

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

19 adjacent to reservation areas caused by operations of the 

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

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

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

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

2 with management, and investigation of fish and wildlife 

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

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

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

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

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

11 Service may accept donated aircraft as replacements for 

12 existing aircraft: Provided further, That notwithstanding 

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

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

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

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

20 contained in the House Report accompanying this Act.

21 NATIONAL PARK SERVICE

22 OPERATION OF THE NATIONAL PARK SYSTEM

23 For expenses necessary for the management, oper24 ation, and maintenance of areas and facilities adminis25 tered by the National Park Service (including special road 
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1 maintenance service to trucking permittees on a reimburs2 able basis), and for the general administration of the Na3 tional Park Service, $1,636,882,000 of which $10,887,000 

4 is for planning and interagency coordination in support 

5 of Everglades restoration and shall remain available until 

6 expended; of which $98,480,000, to remain available until 

7 September 30, 2005, is for maintenance, repair or reha8 bilitation projects for constructed assets, operation of the 

9 National Park Service automated facility management 

10 software system, and comprehensive facility condition as11 sessments; and of which $2,000,000 is for the Youth Con12 servation Corps for high priority projects: Provided, That 

13 the only funds in this account which may be made avail14 able to support United States Park Police are those funds 

15 approved for emergency law and order incidents pursuant 

16 to established National Park Service procedures, those 

17 funds needed to maintain and repair United States Park 

18 Police administrative facilities, and those funds necessary 

19 to reimburse the United States Park Police account for 

20 the unbudgeted overtime and travel costs associated with 

21 special events for an amount not to exceed $10,000 per 

22 event subject to the review and concurrence of the Wash23 ington headquarters office.
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1 UNITEDSTATES PARK POLICE

2 For expenses necessary to carry out the programs of 

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

4 NATIONAL RECREATION ANDPRESERVATION

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

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

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

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

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

14 URBAN PARK ANDRECREATION FUND

15 For expenses necessary to carry out the provisions 

16 of the Urban Park and Recreation Recovery Act of 1978 

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

18 until expended.

19 HISTORIC PRESERVATION FUND

20 For expenses necessary in carrying out the Historic 

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

22 and the Omnibus Parks and Public Lands Management 

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

24 derived from the Historic Preservation Fund, to remain 

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

2 America’s Treasures for priority preservation projects, of 

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

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

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

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

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

19 CONSTRUCTION

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

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

24 remain available until expended: Provided, That none of 

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

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

4 program management and operations activity: Provided 

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

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

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

9 have not been specifically provided if the net construction 

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

11 prior approval of the House and Senate Committees on 

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

14 including partnership and fee demonstration projects: Pro15 vided further, That no funds appropriated in this Act and 

16 in any prior Acts for the purpose of implementing the 

17 Modified Water Deliveries to Everglades National Park 

18 Project shall be available for expenditure unless the Sec19 retary of the Interior, the Secretary of the Army, the Ad20 ministrator of the Environmental Protection Agency, and 

21 the Attorney General file a joint report by September 30, 

22 2003, and every six months thereafter until December 31, 

23 2006, to the House and Senate Committees on Appropria24 tions, the House Committee on Transportation and Infra25 structure, the House Committee on Resources and the 
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1 Senate Committee on Environment and Public Works, in2 dicating that the water entering A.R.M. Loxahatchee Na3 tional Wildlife Refuge and Everglades National Park 

4 meets all applicable State water quality standards and nu5 meric criteria adopted for phosphorus throughout A.R.M. 

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

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

9 South Florida Water Management District, and that the 

10 House and Senate Committees on Appropriations respond 

11 in writing to the report indicating that the funds are avail12 able for expenditure.

13 LANDANDWATER CONSERVATION FUND

14 (RESCISSION) 

15 The contract authority provided for fiscal year 2004 

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

17 LANDACQUISITION ANDSTATE ASSISTANCE

18 (INCLUDING TRANSFERS OF FUNDS)

19 For expenses necessary to carry out the Land and 

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

21 460l–4 through 11), including administrative expenses, 

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

23 in accordance with the statutory authority applicable to 

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

25 from the Land and Water Conservation Fund and to re-
26

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1 main available until expended, of which $97,500,000 is for 

2 the State assistance program including $2,500,000 to ad3 minister this program: Provided, That none of the funds 

4 provided for the State assistance program may be used 

5 to establish a contingency fund: Provided further, That 

6 notwithstanding any other provision of law, the Secretary 

7 of the Interior, using prior year unobligated funds made 

8 available under any Act enacted before the date of enact9 ment of this Act for land acquisition assistance to the 

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

11 interests therein, within the Everglades watershed, shall 

12 transfer $5,000,000 to the United States Fish and Wild13 life Service ‘‘Resource Management’’ account for the pur14 pose of funding water quality monitoring and eradication 

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

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

17 species in the South Florida ecosystem, and may transfer 

18 such sums as may be determined necessary by the Sec19 retary of the Interior to the U.S. Army Corps of Engineers 

20 ‘‘Construction, General’’ account for the purpose of modi21 fying the construction of Storm Water Treatment Area 1 

22 East to include additional water quality improvement 

23 measures, such as additional compartmentalization, im24 proved flow control, vegetation management, and other ad25 ditional technologies based upon the recommendations of 
27

HR 2691 RH 

1 the Secretary of the Interior and the South Florida Water 

2 Management District, to maximize the treatment effective3 ness of Storm Water Treatment Area 1 East so that water 

4 delivered by Storm Water Treatment Area 1 East to 

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

6 State water quality standards, including the numeric cri7 terion for phosphorus, and that the cost sharing provisions 

8 of section 528 of the Water Resources Development Act 

9 of 1996 (110 Stat. 3769) shall apply to any funds pro10 vided by the Secretary of the Interior to the U.S. Army 

11 Corps of Engineers for this purpose: Provided further, 

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

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

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

15 water quality improvement measures for Storm Water 

16 Treatment Area 1 East, if any funds remain to be ex17 pended after the requirements of these provisions have 

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

19 as appropriate, and use the remaining funds for Ever20 glades restoration activities benefiting the lands and re21 sources managed by the Department of the Interior in 

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

23 Senate Committees on Appropriations of a reprogramming 

24 request by the Secretary detailing how the remaining 

25 funds will be expended for this purpose.
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1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the National Park Service shall be 

3 available for the purchase of not to exceed 249 passenger 

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

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

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

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

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

13 agreement has been submitted to the Congress and shall 

14 not be implemented prior to the expiration of 30 calendar 

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

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

18 by the Speaker of the House of Representatives and the 

19 President of the Senate of a full and comprehensive report 

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

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

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

24 National Park Service for activities taken in direct re25 sponse to the United Nations Biodiversity Convention. 
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HR 2691 RH 

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

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

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

7 for which they are medically able.

8 UNITED STATES GEOLOGICAL SURVEY

9 SURVEYS, INVESTIGATIONS, ANDRESEARCH

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

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

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

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

21 conduct inquiries into the economic conditions affecting 

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

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

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

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

HR 2691 RH 

1 only for cooperation with States or municipalities for 

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

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

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

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

8 September 30, 2005, for the operation and maintenance 

9 of facilities and deferred maintenance; and of which 

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

11 for the biological research activity and the operation of 

12 the Cooperative Research Units: Provided, That none of 

13 these funds provided for the biological research activity 

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

15 unless specifically authorized in writing by the property 

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

18 topographic mapping or water resources data collection 

19 and investigations carried on in cooperation with States 

20 and municipalities.

21 ADMINISTRATIVE PROVISIONS

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

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

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

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

3 the making of geophysical or other specialized surveys 

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

7 acquisition of lands for gauging stations and observation 

8 wells; expenses of the United States National Committee 

9 on Geology; and payment of compensation and expenses 

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

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

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

17 Federal Grant and Cooperative Agreement Act of 1977 

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

20 new cooperative agreements directed towards a particular 

21 cooperator, in support of joint research and data collection 

22 activities with Federal, State, and academic partners 

23 funded by appropriations herein, including those that pro24 vide for space in cooperator facilities.
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1 MINERALS MANAGEMENT SERVICE

2 ROYALTY ANDOFFSHORE MINERALS MANAGEMENT

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

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

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

8 for matching grants or cooperative agreements; including 

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

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

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

13 be credited to this appropriation and to remain available 

14 until expended, from additions to receipts resulting from 

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

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

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

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

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

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

HR 2691 RH 

1 Outer Continental Shelf leases in effect before August 5, 

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

4 2005: Provided further, That funds appropriated under 

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

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

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

11 heading shall be available for refunds of overpayments in 

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

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

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

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

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

20 limitation, to pay for transportation to wholesale market 

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

23 to recover MMS transportation costs, salaries, and other 

24 administrative costs directly related to filling the Strategic 

25 Petroleum Reserve: Provided further, That MMS shall 
34

HR 2691 RH 

1 analyze and document the expected return in advance of 

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

3 practicable that royalty income under the pilot program 

4 is equal to or greater than royalty income recognized 

5 under a comparable royalty-in-value program.

6 OIL SPILL RESEARCH

7 For necessary expenses to carry out title I, section 

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

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

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

12 OFFICE OF SURFACE MINING RECLAMATION AND

13 ENFORCEMENT

14 REGULATION ANDTECHNOLOGY

15 For necessary expenses to carry out the provisions 

16 of the Surface Mining Control and Reclamation Act of 

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

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

21 directly or through grants to States, moneys collected in 

22 fiscal year 2004 for civil penalties assessed under section 

23 518 of the Surface Mining Control and Reclamation Act 

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

HR 2691 RH 

1 remain available until expended: Provided further, That 

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

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

6 sponsored training.

7 ABANDONED MINE RECLAMATION FUND

8 For necessary expenses to carry out title IV of the 

9 Surface Mining Control and Reclamation Act of 1977, 

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

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

13 the Abandoned Mine Reclamation Fund and to remain 

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

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

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

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

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

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

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

23 emergency program authorized by section 410 of Public 

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

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

5 program shall not be subject to the 25 percent limitation 

6 per State and may be used without fiscal year limitation 

7 for emergency projects: Provided further, That pursuant 

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

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

10 the delinquent debt owed to the United States Government 

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

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

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

17 from abandoned mines: Provided further, That such 

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

20 BUREAU OF INDIAN AFFAIRS

21 OPERATION OF INDIAN PROGRAMS

22 For expenses necessary for the operation of Indian 

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

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

HR 2691 RH 

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

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

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

5 September 30, 2005 except as otherwise provided herein, 

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

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

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

11 tribal organizations for contract support costs associated 

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

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

15 that tribes and tribal organizations may use their tribal 

16 priority allocations for unmet indirect costs of ongoing 

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

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

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

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

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

HR 2691 RH 

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

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

6 within and only from such amounts made available for 

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

9 ongoing grants entered into with the Bureau prior to or 

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

12 such amounts made available for school operations shall 

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

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

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

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

20 account established for the benefit of such tribe within the 

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

22 unobligated balances not so transferred shall expire on 

23 September 30, 2006.
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HR 2691 RH 

1 CONSTRUCTION

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

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

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

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

9 available until expended: Provided, That such amounts as 

10 may be available for the construction of the Navajo Indian 

11 Irrigation Project may be transferred to the Bureau of 

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

15 be used to cover the road program management costs of 

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

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

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

20 new construction or facilities improvement and repair 

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

22 tribally controlled grant schools under Public Law 100–

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

24 the Administrative and Audit Requirements and Cost 

25 Principles for Assistance Programs contained in 43 CFR 
40

HR 2691 RH 

1 part 12 as the regulatory requirements: Provided further,

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

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

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

6 the Secretary shall consider whether the Indian tribe or 

7 tribal organization would be deficient in assuring that the 

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

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

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

13 application, the Secretary shall follow the requirements 

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

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

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

18 INDIAN LANDANDWATER CLAIM SETTLEMENTS AND

19 MISCELLANEOUS PAYMENTS TO INDIANS

20 (INCLUDING TRANSFER OF FUNDS)

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

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

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

HR 2691 RH 

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

2 implementation of other enacted water rights settlements; 

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

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

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

6 to the Quinault Indian Nation pursuant to the terms of 

7 the North Boundary Settlement Agreement dated July 14, 

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

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

11 be derived from amounts provided under the heading 

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

14 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

15 For the cost of guaranteed and insured loans, 

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

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

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

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

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

22 not to exceed $94,568,000. 

23 In addition, for administrative expenses to carry out 

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

HR 2691 RH 

1 ADMINISTRATIVE PROVISIONS

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

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

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

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

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

14 Loan Program account) shall be available for expenses of 

15 exhibits, and purchase of not to exceed 229 passenger 

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

17 replacement only. 

18 Notwithstanding any other provision of law, no funds 

19 available to the Bureau of Indian Affairs for central office 

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

23 agreements with the Bureau of Indian Affairs under the 

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

HR 2691 RH 

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

2 413). 

3 In the event any tribe returns appropriations made 

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

5 distribution to other tribes, this action shall not diminish 

6 the Federal Government’s trust responsibility to that 

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

10 Notwithstanding any other provision of law, no funds 

11 available to the Bureau, other than the amounts provided 

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

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

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

15 Appropriations made available in this or any other 

16 Act for schools funded by the Bureau shall be available 

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

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

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

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

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

25 is defined in section 1146 of the Education Amendments 
44

HR 2691 RH 

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

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

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

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

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

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

9 separate and apart from Bureau funds, and the Bureau 

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

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

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

17 title 28, United States Code.

18 DEPARTMENTAL OFFICES

19 INSULAR AFFAIRS

20 ASSISTANCE TO TERRITORIES

21 For expenses necessary for assistance to territories 

22 under the jurisdiction of the Department of the Interior, 

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

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

HR 2691 RH 

1 controls, coral reef initiative activities, and brown tree 

2 snake control and research; grants to the judiciary in 

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

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

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

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

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

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

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

19 Code: Provided further, That Northern Mariana Islands 

20 Covenant grant funding shall be provided according to 

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

23 Northern Mariana Islands approved by Public Law 104–

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

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

HR 2691 RH 

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

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

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

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

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

9 sharing to be determined by the Secretary based on the 

10 grantee’s commitment to timely maintenance of its capital 

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

13 appropriations Acts may be used as non-Federal matching 

14 funds for the purpose of hazard mitigation grants provided 

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

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

17 COMPACT OF FREE ASSOCIATION

18 For economic assistance and necessary expenses for 

19 the Federated States of Micronesia and the Republic of 

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

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

22 and for economic assistance and necessary expenses for 

23 the Republic of Palau as provided for in sections 

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

HR 2691 RH 

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

2 658.

3 DEPARTMENTAL MANAGEMENT

4 SALARIES ANDEXPENSES

5 For necessary expenses for management of the De6 partment of the Interior, $79,027,000, of which not to ex7 ceed $8,500 may be for official reception and representa8 tion expenses, and of which up to $1,000,000 shall be 

9 available for workers compensation payments and unem10 ployment compensation payments associated with the or11 derly closure of the United States Bureau of Mines: Pro12 vided, That none of the funds in this or previous appro13 priations Acts may be used to establish any additional re14 serves in the Working Capital account other than the two 

15 authorized reserves without prior approval of the House 

16 and Senate Committees on Appropriations. 

17 WORKING CAPITAL FUND

18 From unobligated balances under this heading, 

19 $20,000,000 are hereby cancelled.

20 PAYMENTS IN LIEU OF TAXES

21 For expenses necessary to implement the Act of Octo22 ber 20, 1976, as amended (31 U.S.C. 6901–6907), 

23 $225,000,000, of which not to exceed $400,000 shall be 

24 available for administrative expenses: Provided, That no 

25 payment shall be made to otherwise eligible units of local 
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1 government if the computed amount of the payment is less 

2 than $100.

3 OFFICE OF THE SOLICITOR

4 SALARIES ANDEXPENSES

5 For necessary expenses of the Office of the Solicitor, 

6 $50,374,000.

7 OFFICE OF INSPECTOR GENERAL

8 SALARIES ANDEXPENSES

9 For necessary expenses of the Office of Inspector 

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

11 procurement by contract of independent auditing services 

12 to audit the consolidated Department of the Interior an13 nual financial statement and the annual financial state14 ment of the Department of the Interior bureaus and of15 fices funded in this Act.

16 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

17 FEDERAL TRUST PROGRAMS

18 For operation of trust programs for Indians by direct 

19 expenditure, contracts, cooperative agreements, compacts, 

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

21 available for historical accounting, to remain available 

22 until expended: Provided, That funds for trust manage23 ment improvements and litigation support may, as needed, 

24 be transferred to or merged with the Bureau of Indian 

25 Affairs, ‘‘Operation of Indian Programs’’ account; the Of-
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1 fice of the Solicitor, ‘‘Salaries and Expenses’’ account; and 

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

3 account: Provided further, That funds made available to 

4 Tribes and Tribal organizations through contracts or 

5 grants obligated during fiscal year 2004, as authorized by 

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

7 et seq.), shall remain available until expended by the con8 tractor or grantee: Provided further, That notwithstanding 

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

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

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

12 Act, concerning losses to or mismanagement of trust 

13 funds, until the affected tribe or individual Indian has 

14 been furnished with an accounting of such funds from 

15 which the beneficiary can determine whether there has 

16 been a loss: Provided further, That notwithstanding any 

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

18 to provide a quarterly statement of performance for any 

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

20 18 months and has a balance of $1.00 or less: Provided 

21 further, That the Secretary shall issue an annual account 

22 statement and maintain a record of any such accounts and 

23 shall permit the balance in each such account to be with24 drawn upon the express written request of the account 

25 holder: Provided further, That not to exceed $50,000 is 
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1 available for the Secretary to make payments to correct 

2 administrative errors of either disbursements from or de3 posits to Individual Indian Money or Tribal accounts after 

4 September 30, 2002: Provided further, That erroneous 

5 payments that are recovered shall be credited to and re6 main available in this account for this purpose.

7 INDIAN LAND CONSOLIDATION

8 For consolidation of fractional interests in Indian 

9 lands and expenses associated with redetermining and re10 distributing escheated interests in allotted lands, and for 

11 necessary expenses to carry out the Indian Land Consoli12 dation Act of 1983, as amended, by direct expenditure or 

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

14 until expended.

15 NATURAL RESOURCE DAMAGE ASSESSMENT AND

16 RESTORATION

17 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

18 To conduct natural resource damage assessment and 

19 restoration activities by the Department of the Interior 

20 necessary to carry out the provisions of the Comprehensive 

21 Environmental Response, Compensation, and Liability 

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

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

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

25 (33 U.S.C. 2701 et seq.), and Public Law 101–337, as 
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1 amended (16 U.S.C. 19jj et seq.), $5,633,000, to remain 

2 available until expended.

3 ADMINISTRATIVE PROVISIONS

4 There is hereby authorized for acquisition from avail5 able resources within the Working Capital Fund, 15 air6 craft, 10 of which shall be for replacement and which may 

7 be obtained by donation, purchase or through available ex8 cess surplus property: Provided, That notwithstanding any 

9 other provision of law, existing aircraft being replaced may 

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

11 offset the purchase price for the replacement aircraft: Pro12 vided further, That no programs funded with appropriated 

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

14 Solicitor’’, and ‘‘Office of Inspector General’’ may be aug15 mented through the Working Capital Fund or the Consoli16 dated Working Fund.

17 GENERAL PROVISIONS, DEPARTMENT OF THE 

18 INTERIOR 

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

20 available for expenditure or transfer (within each bureau 

21 or office), with the approval of the Secretary, for the emer22 gency reconstruction, replacement, or repair of aircraft, 

23 buildings, utilities, or other facilities or equipment dam24 aged or destroyed by fire, flood, storm, or other unavoid25 able causes: Provided, That no funds shall be made avail-
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1 able under this authority until funds specifically made 

2 available to the Department of the Interior for emer3 gencies shall have been exhausted: Provided further, That 

4 all funds used pursuant to this section are hereby des5 ignated by Congress to be ‘‘emergency requirements’’ pur6 suant to section 251(b)(2)(A) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985, and must be re8 plenished by a supplemental appropriation which must be 

9 requested as promptly as possible. 

10 SEC. 102. The Secretary may authorize the expendi11 ture or transfer of any no year appropriation in this title, 

12 in addition to the amounts included in the budget pro13 grams of the several agencies, for the suppression or emer14 gency prevention of wildland fires on or threatening lands 

15 under the jurisdiction of the Department of the Interior; 

16 for the emergency rehabilitation of burned-over lands 

17 under its jurisdiction; for emergency actions related to po18 tential or actual earthquakes, floods, volcanoes, storms, or 

19 other unavoidable causes; for contingency planning subse20 quent to actual oil spills; for response and natural resource 

21 damage assessment activities related to actual oil spills; 

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

23 potential grasshopper and Mormon cricket outbreaks on 

24 lands under the jurisdiction of the Secretary, pursuant to 

25 the authority in section 1773(b) of Public Law 99–198 
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1 (99 Stat. 1658); for emergency reclamation projects under 

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

3 any no year funds available to the Office of Surface Min4 ing Reclamation and Enforcement, such funds as may be 

5 necessary to permit assumption of regulatory authority in 

6 the event a primacy State is not carrying out the regu7 latory provisions of the Surface Mining Act: Provided,

8 That appropriations made in this title for wildland fire 

9 operations shall be available for the payment of obligations 

10 incurred during the preceding fiscal year, and for reim11 bursement to other Federal agencies for destruction of ve12 hicles, aircraft, or other equipment in connection with 

13 their use for wildland fire operations, such reimbursement 

14 to be credited to appropriations currently available at the 

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

16 fire operations, no funds shall be made available under 

17 this authority until the Secretary determines that funds 

18 appropriated for ‘‘wildland fire operations’’ shall be ex19 hausted within 30 days: Provided further, That all funds 

20 used pursuant to this section are hereby designated by 

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

22 section 251(b)(2)(A) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985, and must be replen24 ished by a supplemental appropriation which must be re25 quested as promptly as possible: Provided further, That 
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1 such replenishment funds shall be used to reimburse, on 

2 a pro rata basis, accounts from which emergency funds 

3 were transferred. 

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

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

6 similar facilities, wherever consolidation of activities will 

7 contribute to efficiency or economy, and said appropria8 tions shall be reimbursed for services rendered to any 

9 other activity in the same manner as authorized by sec10 tions 1535 and 1536 of title 31, United States Code: Pro11 vided, That reimbursements for costs and supplies, mate12 rials, equipment, and for services rendered may be cred13 ited to the appropriation current at the time such reim14 bursements are received. 

15 SEC. 104. Appropriations made to the Department 

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

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

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

19 maintenance, and operation of aircraft; hire of passenger 

20 motor vehicles; purchase of reprints; payment for tele21 phone service in private residences in the field, when au22 thorized under regulations approved by the Secretary; and 

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

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

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

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

7 SEC. 106. Annual appropriations made in this title 

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

11 year. 

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

14 of offshore preleasing, leasing and related activities placed 

15 under restriction in the President’s moratorium statement 

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

17 southern California; the North Atlantic; Washington and 

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

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

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

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

4 activities in the eastern Gulf of Mexico planning area for 

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

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

7 Program, 1997–2002. 

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

10 and natural gas preleasing, leasing and related activities 

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

12 SEC. 111. Advance payments made under this title 

13 to Indian tribes, tribal organizations, and tribal consortia 

14 pursuant to the Indian Self-Determination and Education 

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

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

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

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

20 so long as such funds are—

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

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

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

3 guaranteed or insured by the United States; or 

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

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

8 SEC. 112. Notwithstanding any other provisions of 

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

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

12 for and regulate local non-recreational passage through 

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

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

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

17 headings Bureau of Indian Affairs and Office of Special 

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

20 the same headings, shall be available for expenditure or 

21 transfer for Indian trust management and reform activi22 ties.

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

24 is transferred) during fiscal year 2004 shall be renewed 

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

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

6 time as the Secretary of the Interior completes processing 

7 of such permit or lease in compliance with all applicable 

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

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

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

11 regulations. Nothing in this section shall be deemed to 

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

13 any Federal lands included within the boundary of Lake 

14 Roosevelt National Recreation Area, as designated by the 

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

16 Cooperative Management Agreement), that were utilized 

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

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

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

20 shall be entitled to renew said permit under such terms 

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

23 SEC. 115. Notwithstanding any other provision of 

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

2 Code, are deemed satisfied by a proceeding conducted by 

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

5 governing the appointments in the competitive service, for 

6 such period of time as the Secretary determines necessary: 

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

8 so appointed may be fixed by the Secretary without regard 

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

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

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

13 a level which exceeds the maximum rate payable for the 

14 highest grade of the General Schedule, including locality 

15 pay. 

16 SEC. 116. Notwithstanding any other provision of 

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

19 tribal base funds, to alleviate tribal funding inequities by 

20 transferring funds to address identified, unmet needs, 

21 dual enrollment, overlapping service areas or inaccurate 

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

24 percent in fiscal year 2004. Under circumstances of dual 

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

2 apply. 

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

5 shall be allocated among the schools proportionate to the 

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

8 Education Programs. 

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

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

11 comprising the Huron Cemetery in Kansas City, Kansas 

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

13 used only in accordance with this section. 

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

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

17 a burial ground. 

18 SEC. 119. Notwithstanding any other provision of 

19 law, in conveying the Twin Cities Research Center under 

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

22 retain land and other forms of reimbursement: Provided,

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

3 460zz.

4 SEC. 120. Notwithstanding other provisions of law, 

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

9 Point areas of the Presidio. 

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

11 received by the Bureau of Land Management for the sale 

12 of seeds or seedlings including those collected in fiscal year 

13 2003, may be credited to the appropriation from which 

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

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

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

18 of the Department of the Interior and Related Agencies 

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

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

21 to the improvements and equipment of the White River 

22 Oil Shale Mine. 

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

24 contract for the use of helicopters or motor vehicles on 

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

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

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

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

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

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

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

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

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

13 acquisition funds provided through the Land and Water 

14 Conservation Fund Act of 1965 as amended. 

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

16 Act may be obligated or expended by the National Park 

17 Service to enter into or implement a concession contract 

18 which permits or requires the removal of the underground 

19 lunchroom at the Carlsbad Caverns National Park. 

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

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

23 pedestrian use of such bridge, when such pedestrian use 

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

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

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

7 to county ordinance. 

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

9 can be used to compensate the Special Master and the 

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

13 annual rate that exceeds 200 percent of the highest Senior 

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

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

18 for employees and former employees of the Department 

19 of the Interior reasonably incurred in connection with 

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

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

22 insurance. In no case shall the Secretary make payments 

23 under this section that would result in payment of hourly 

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

2 Cobell v. Norton. 

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

5 threatened and endangered species of salmon, implement 

6 a system of mass marking of salmonid stocks, intended 

7 for harvest, that are released from Federally operated or 

8 Federally financed hatcheries including but not limited to 

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

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

11 identified by commercial and recreational fishers. 

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

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

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

17 SEC. 132. No funds appropriated for the Department 

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

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

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

21 water levels required for the operation of the Glen Canyon 

22 Dam. 

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

24 108–7 is amended as follows: 

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

2 term ‘tribally controlled school’ means a school that 

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

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

6 meet the eligibility criteria of section 5205 of the 

7 Tribally Controlled Schools Act of 1988, as amended 

8 (25 U.S.C. 2504).’’. 

9 (b) Paragraph 122(b)(1) is amended by striking the 

10 second sentence and inserting: ‘‘The Secretary shall en11 sure that applications for funding to replace schools cur12 rently receiving funding for facility operation and mainte13 nance from the Bureau of Indian Affairs receive the high14 est priority for grants under this section. Among such ap15 plications, the Secretary shall give priority to applications 

16 of Indian tribes that agree to fund all future facility oper17 ation and maintenance costs of the tribally controlled 

18 school funded under the demonstration program from 

19 other than Federal funds.’’. 

20 (c) Subsection (c) is amended by inserting after ‘‘EF21 FECT OF GRANT.—’’ the following: ‘‘(1) Except as pro22 vided in paragraph (2) of this subsection,’’ and is further 

23 amended by adding the following new paragraph: 

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

25 of a tribally controlled school under this section shall 
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1 not be eligible to receive funding from the Bureau 

2 of Indian Affairs for that school for education oper3 ations or facility operation and maintenance if the 

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

5 school receiving funding for education operations or 

6 facility operation and maintenance under the Trib7 ally Controlled Schools Act or the Indian Self-Deter8 mination and Education Assistance Act or (ii) a 

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

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

11 180 days of the enactment of this Act submit to the House 

12 and Senate Committees on Appropriations a report that 

13 describes the condition and adequacy of educational facili14 ties available to the Eastern Band of Cherokee Indians, 

15 the availability of lands necessary for the construction of 

16 any necessary new or replacement education facilities, and 

17 the impacts that construction of such facilities might have 

18 on natural, cultural, and other resources present within 

19 the Great Smoky Mountains National Park and the Blue 

20 Ridge Parkway. The report shall specifically address the 

21 resource implications of the land exchange described in 

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

23 Exchange Act of 2002’’ as introduced in the 108th Con24 gress. The Secretary shall consult with the Eastern Band 

25 of Cherokee Indians in preparing the report. 
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1 LANDEXCHANGE, WORLDWAR I NATIONAL MEMORIAL, 

2 MOJAVE NATIONAL PRESERVE

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

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

5 Secretary of the Interior shall convey to the Veterans 

6 Home of California-Barstow, Veterans of Foreign Wars 

7 Post #385E (in this section referred to as the ‘‘recipi8 ent’’), all right, title, and interest of the United States 

9 in and to a parcel of real property consisting of approxi10 mately one acre in the Mojave National Preserve and des11 ignated (by section 8137 of the Department of Defense 

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

13 2278)) as a national memorial commemorating United 

14 States participation in World War I and honoring the 

15 American veterans of that war. Notwithstanding the con16 veyance of the property under this subsection, the Sec17 retary shall continue to carry out the responsibilities of 

18 the Secretary under such section 8137. 

19 (b) CONSIDERATION.—As consideration for the prop20 erty to be conveyed by the Secretary under subsection (a), 

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

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

23 property consisting of approximately five acres, identified 

as parcel APN 569–051–44, and located in the west 1 24 ⁄2

of the northeast 1⁄4 of the northwest 1 25 ⁄4 of the northwest 
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1 1 ⁄4 of section 11, township 14 north, range 15 east, San 

2 Bernardino base and meridian. 

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

4 values of the properties to be exchanged under this section 

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

6 The value of the properties shall be determined through 

7 an appraisal performed by a qualified appraiser in con8 formance with the Uniform Appraisal Standards for Fed9 eral Land Acquisitions (Department of Justice, December 

10 2000). 

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

12 value of the properties to be exchanged under this section 

13 shall be equalized through the making of a cash equali14 zation payment. The Secretary shall deposit any cash 

15 equalization payment received by the Secretary under this 

16 subsection in the Land and Water Conservation Fund. 

17 (e) REVERSIONARY CLAUSE.—The conveyance under 

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

19 recipient maintain the conveyed property as a memorial 

20 commemorating United States participation in World War 

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

22 Secretary determines that the conveyed property is no 

23 longer being maintained as a war memorial, the property 

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

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

5 the Secretary under this section shall become part of the 

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

9 BLUE RIDGE NATIONAL HERITAGE AREA

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

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

12 2003’’. 

13 (b) FINDINGS AND PURPOSE.—

14 (1) FINDINGS.—Congress finds that: 

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

17 Blue Ridge Mountains have played a significant 

18 role in the history of the United States and the 

19 State of North Carolina. 

20 (B) Archaeological evidence indicates that 

21 the Blue Ridge Mountains have been inhabited 

22 by humans since the last retreat of the glaciers, 

23 with the Native Americans living in the area at 

24 the time of European discovery being primarily 

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

2 North Carolina, including the Great Smoky 

3 Mountains, played a unique and significant role 

4 in the establishment and development of the 

5 culture of the United States through several 

6 distinct legacies, including—

7 (i) the craft heritage that—

8 (I) was first influenced by the 

9 Cherokee Indians; 

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

12 1900 and the contemporary craft 

13 movement starting in the 1940’s; and 

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

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

17 third largest concentration of such 

18 people in the United States; 

19 (ii) a musical heritage comprised of 

20 distinctive instrumental and vocal tradi21 tions that—

22 (I) includes stringband music, 

23 bluegrass, ballad singing, blues, and 

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

3 (III) has made the region one of 

4 the richest repositories of traditional 

5 music and folklife in the United 

6 States; 

7 (iii) the Cherokee heritage—

8 (I) dating back thousands of 

9 years; and 

10 (II) offering—

11 (aa) nationally significant 

12 cultural traditions practiced by 

13 the Eastern Band of Cherokee 

14 Indians; 

15 (bb) authentic tradition 

16 bearers; 

17 (cc) historic sites; and 

18 (dd) historically important 

19 collections of Cherokee artifacts; 

20 and 

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

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

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

2 North Carolina. 

3 (D) The artifacts and structures associated 

4 with those legacies are unusually well-preserved. 

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

7 historical resources in North America. 

8 (F) The history and cultural heritage of 

9 the Blue Ridge Mountains are shared with the 

10 States of Virginia, Tennessee, and Georgia. 

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

13 and promoting this mutual heritage. 

14 (H) according to the 2002 reports entitled 

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

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

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

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

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

2 to foster a close working relationship with, and to 

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

4 and local communities in the State in managing, 

5 preserving, protecting, and interpreting the cultural, 

6 historical, and natural resources of the Heritage 

7 Area while continuing to develop economic opportu8 nities. 

9 (c) DEFINITIONS.—

10 (1) In this section: 

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

14 (B) MANAGEMENT ENTITY.—The term 

15 ‘‘management entity’’ means the management 

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

18 (C) MANAGEMENT PLAN.—The term 

19 ‘‘management plan’’ means the management 

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

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

23 means the Secretary of the Interior. 

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

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

2 (1) ESTABLISHMENT.—There is established the 

3 Blue Ridge National Heritage Area in the State. 

4 (2) BOUNDARIES.—The Heritage Area shall 

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

6 Buncombe, Burke, Caldwell, Cherokee, Clay, 

7 Graham, Haywood, Henderson, Jackson, McDowell, 

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

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

10 Yancey in the State. 

11 (3) MANAGEMENT ENTITY.—

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

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

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

17 (B) BOARDOF DIRECTORS.—

18 (i) COMPOSITION.—The management 

19 entity shall be governed by a board of di20 rectors composed of 9 members, of 

21 whom—

22 (I) 2 members shall be appointed 

23 by AdvantageWest; 
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1 (II) 2 members shall be ap2 pointed by HandMade In America, 

3 Inc.; 

4 (III) 1 member shall be ap5 pointed by the Education Research 

6 Consortium of Western North Caro7 lina; 

8 (IV) 1 member shall be appointed 

9 by the Eastern Band of the Cherokee 

10 Indians; and 

11 (V) 3 members shall be ap12 pointed by the Governor of North 

13 Carolina and shall— 

14 (aa) reside in geographically 

15 diverse regions of the Heritage 

16 Area; 

17 (bb) be a representative of 

18 State or local governments or the 

19 private sector; and 

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

24 natural resources development, 

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

2 or museum services. 

3 (e) MANAGEMENT PLAN.—

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

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

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

10 management entity shall—

11 (A) for the purpose of presenting a unified 

12 preservation and interpretation plan, take into 

13 consideration Federal, State, and local plans; 

14 and 

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

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

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

23 (B) identify existing and potential sources 

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

2 the Heritage Area; and 

3 (C) include—

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

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

8 (I) relates to the purposes of the 

9 Heritage Area; and 

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

13 the property; 

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

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

20 (iii) an interpretive and educational 

21 plan for the Heritage Area; 

22 (iv) a recommendation of policies for 

23 resource management and protection that 

24 develop intergovernmental cooperative 

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

2 resources of the Heritage Area; and 

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

5 be coordinated to promote the purposes of 

6 this section. 

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

8 management plan is not submitted to the Secretary 

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

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

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

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

16 after receiving the management plan submitted 

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

19 (B) CRITERIA.—In determining whether to 

20 approve the management plan, the Secretary 

21 shall consider whether the management plan—

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

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

2 partnership mechanisms. 

3 (C) ACTION FOLLOWING DISAPPROVAL.—If 

4 the Secretary disapproves a management plan 

5 under subparagraph (A), the Secretary shall—

6 (i) advise the management entity in 

7 writing of the reasons for the disapproval; 

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

10 (iii) allow the management entity to 

11 submit to the Secretary revisions to the 

12 management plan. 

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

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

17 disapprove the proposed revision. 

18 (6) AMENDMENT OF APPROVED MANAGEMENT

19 PLAN.—

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

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

23 (i) review the management plan; and 

24 (ii) submit to the Secretary, for review 

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

2 the management plan. 

3 (B) USE OF FUNDS.—No funds made 

4 available under subsection (i) shall be used to 

5 implement any amendment proposed by the 

6 management entity under subparagraph (A) 

7 until the Secretary approves the amendment. 

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

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

12 management entity may use funds made available 

13 under subsection (i) to—

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

16 political subdivision), nonprofit organizations, 

17 or persons; 

18 (B) hire and compensate staff; and 

19 (C) enter into contracts for goods and 

20 services. 

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

22 management plan, the management entity shall—

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

2 Heritage Area; 

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

6 plan; 

7 (C) give priority to the implementation of 

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

10 units of government, nonprofit organizations, 

11 and persons in—

12 (i) carrying out the programs that 

13 protect resources in the Heritage Area; 

14 (ii) encouraging economic viability in 

15 the Heritage Area in accordance with the 

16 goals of the management plan; 

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

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

21 Area; and 

22 (v) increasing public awareness of and 

23 appreciation for the cultural, historical, 

24 and natural resources of the Heritage 

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

2 funds are received under subsection (i)—

3 (i) submit to the Secretary a report 

4 that describes, for the fiscal year—

5 (I) the accomplishments of the 

6 management entity; 

7 (II) the expenses and income of 

8 the management entity; and 

9 (III) each entity to which a grant 

10 was made; 

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

13 of government, all records relating to the 

14 expenditure of funds and any matching 

15 funds; and 

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

18 any entity, that the receiving entity make 

19 available for audit all records relating to 

20 the expenditure of funds. 

21 (3) PROHIBITION ON THE ACQUISITION OF

22 REAL PROPERTY.—The management entity shall not 

23 use Federal funds received under subsection (i) to 

24 acquire real property or an interest in real property. 

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

2 to the management entity technical assistance and, 

3 subject to the availability of appropriations, financial 

4 assistance, for use in developing and implementing 

5 the management plan. 

6 (2) PRIORITY FOR ASSISTANCE.—In providing 

7 assistance under subsection (a), the Secretary shall 

8 give priority to actions that facilitate—

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

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

14 consistent with the resources of the Heritage 

15 Area. 

16 (h) LAND USE REGULATION.—

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

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

19 to the management entity; or 

20 (B) modifies, enlarges, or diminishes any 

21 authority of the Federal Government or any 

22 State or local government to regulate any use 

23 of land under any law (including regulations). 

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

2 respect to private property; 

3 (B) affects the authority of the State or 

4 local government with respect to private prop5 erty; or 

6 (C) imposes any additional burden on any 

7 property owner. 

8 (i) AUTHORIZATION OF APPROPRIATIONS.—

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

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

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

12 available for any fiscal year. 

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

14 share of the cost of any activities carried out using 

15 Federal funds made available under subsection (a) 

16 shall be not less than 50 percent. 

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

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

21 EXPEDITED PROCEDURES FOR INDIAN TRUST

22 ACCOUNTING

23 SEC. 137. (a) IN GENERAL.—Notwithstanding any 

24 other provision of law, any claim against the United States 

25 arising out of any obligation of the United States or any 

26 of its agencies or officials relating to the conduct of an 
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1 accounting, or the balance of, any individual Indian money 

2 account arising prior to December 31, 2000 shall be gov3 erned by the provisions of this section. 

4 (b) STATISTICAL SAMPLING.—Not later than one 

5 year following the date of enactment of this Act, the Sec6 retary shall formulate a statistical sampling evaluation to 

7 assess the administration of individual Indian money ac8 counts for those accounts that were open as of December 

9 31, 2000, and all individual Indian money accounts that 

10 were open as of October 25, 1994, or opened thereafter 

11 but closed as of December 31, 2000. The statistical sam12 pling evaluation described in this subsection shall be con13 ducted in a manner the Secretary deems feasible and ap14 propriate given the availability of records, data, and other 

15 historic information, and shall estimate, so as to achieve 

16 a ninety-eight percent confidence level, the rate of past 

17 accounting error, if any, for each group or categories of 

18 individual Indian money accounts. The Secretary shall 

19 complete a statistical sampling evaluation covering all sub20 ject accounts within four years of the date of enactment 

21 of this Act. 

22 (c) CERTIFICATION.—Upon completion of a statis23 tical sampling evaluation for a category or group of indi24 vidual Indian money accounts, the Secretary shall certify 
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1 completion of the evaluation and publish such certification 

2 in the Federal Register. 

3 (d) ADJUSTMENT OF ACCOUNTS.—

4 (1) Within 180 days following any certification 

5 under subsection (c), the Secretary shall adjust any 

6 individual Indian money accounts covered by that 

7 certification. The Secretary shall base such adjust8 ment on application of the error rate, if any, deter9 mined by the statistical sampling to the average 

10 transaction amount for transactions in an account. 

11 In addition, the Secretary may also consider any fac12 tual information regarding the particular account at 

13 issue in adjusting the account. 

14 (2) Amounts necessary for adjustments to indi15 vidual Indian money accounts shall be derived from 

16 the claims and judgment appropriation provided by 

17 31 U.S.C. 1304 in the same manner as payment of 

18 judgments received by the Court of Federal Claims 

19 under 28 U.S.C. 2414. 

20 (e) NO DOWNWARD ADJUSTMENT.—The Secretary 

21 may consider both positive and negative errors in esti22 mating a rate of past accounting error, but in no event 

23 shall the Secretary adjust the balance of an account down24 ward under this Act. In the event that the Secretary deter25 mines that the rate of past accounting error for an ac-
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1 count is zero or negative, the Secretary shall make an ad2 justment of zero to that account. Such a zero adjustment 

3 shall constitute an ‘‘adjustment’’ as defined in this section. 

4 (f) JUDICIAL REVIEW.—

5 (1) Notwithstanding any other provision of law, 

6 judicial review of, or judicial relief with respect to, 

7 any action of the United States or any of its agen8 cies or officials in carrying out the provisions of this 

9 section shall be made solely in accordance with this 

10 subsection. 

11 (2) Judicial review of any agency action related 

12 to an individual Indian money account performed 

13 pursuant to this section may be had only by the fil14 ing of a petition for review in the United States 

15 Court of Appeals for the District of Columbia no 

16 later than 60 days after the Secretary’s adjustment 

17 of an account. Such review shall be conducted in ac18 cordance with chapter 7 of part I of title 5, United 

19 States Code (5 U.S.C. 701, et seq.). 

20 (3) Except to the extent, if any, that review 

21 may be required by the Constitution of the United 

22 States, no court shall have jurisdiction to review, 

23 grant, or enforce any relief with respect to any ac24 tion of the United States or any of its agencies or 

25 officials in carrying out any obligation described in 
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1 subsection (a) other than pursuant to paragraph (2). 

2 The provisions of this paragraph shall apply to any 

3 litigation filed before, on, or after the date of enact4 ment of this section. 

5 (g) ACCOUNT BALANCES.—The balance of any ac6 count as determined under this Act, including judicial re7 view in accordance with subsection (f), shall conclusively 

8 constitute the new balance of the account as of December 

9 31, 2000, and shall not be subject to any further adjust10 ment based upon events or occurrences prior to that date. 

11 (h) VOLUNTARY SETTLEMENT OF CLAIMS.—Prior to 

12 commencing the statistical evaluation provided in sub13 section (b), the Secretary may, at the Secretary’s discre14 tion, resolve any claim or group of claims described in sub15 section (a) through voluntary settlement with any holder 

16 or holders of individual Indian money accounts. Such vol17 untary settlement shall be paid from the claims and judg18 ment appropriation as provided in subsection (d) and shall 

19 conclusively resolve claims under subsection (a). The hold20 er of the account who settles shall not be entitled to any 

21 further adjustment under this section. 

22 (i) REGULATIONS.—The Secretary may adopt such 

23 regulations, as the Secretary deems necessary to imple24 ment this section. 
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1 (j) REPORT TO CONGRESS.—The Secretary shall re2 port to the House and Senate Committees on Appropria3 tions, the House Committee on Resources, and the Senate 

4 Committee on Indian Affairs regarding the progress of 

5 statistical sampling evaluations at least once every cal6 endar year until the Secretary has adjusted all accounts 

7 covered by this Act. 

8 (k) DEFINITIONS.—As used in this Act: 

9 (1) The term ‘‘statistical sampling evaluation’’ 

10 means an analysis of a selected statistically appro11 priate sample drawn from a group or groups of 

12 transactions or other data. 

13 (2) The term ‘‘individual Indian money ac14 counts’’ means account balances for funds held in 

15 trust by the United States for the benefit of an indi16 vidual Indian which are deposited or invested pursu17 ant to the Act of June 24, 1938 (25 U.S.C. 162a), 

18 but shall not include accounts classified by the Sec19 retary as Special Deposit, Judgment, or Per Capita 

20 accounts. 

21 (3) The term ‘‘adjust’’ means to revise the bal22 ance of the account pursuant to this Act. 

23 (4) The term ‘‘Secretary’’ means the Secretary 

24 of the Interior. 
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1 SEC. 138. None of the funds in this or any other Act 

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

3 the Klamath Fishery Management Council. 

4 SEC. 139. Notwithstanding any other provision of 

5 law, the United States Fish and Wildlife Service, here6 tofore and hereafter, may use funds for incidental ex7 penses related to encouraging public participation in Serv8 ice programs, and may use up to $2,000,000 per year for 

9 contracts for employment-related legal services. 

10 TITLE II—RELATED AGENCIES 

11 DEPARTMENT OF AGRICULTURE 

12 FOREST SERVICE

13 FOREST ANDRANGELANDRESEARCH

14 For necessary expenses of forest and rangeland re15 search as authorized by law, $267,230,000, to remain 

16 available until expended: Provided, That of the funds pro17 vided, $49,428,000 is for the forest inventory and analysis 

18 program.

19 STATE ANDPRIVATE FORESTRY

20 For necessary expenses of cooperating with and pro21 viding technical and financial assistance to States, terri22 tories, possessions, and others, and for forest health man23 agement, including treatments of pests, pathogens, and 

24 invasive or noxious plants and for restoring and rehabili25 tating forests damaged by pests or invasive plants, cooper-
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1 ative forestry, and education and land conservation activi2 ties and conducting an international program as author3 ized, $290,758,000, to remain available until expended, as 

4 authorized by law: Provided, That none of the funds pro5 vided under this heading for the acquisition of lands or 

6 interests in lands shall be available until the Forest Serv7 ice notifies the House Committee on Appropriations and 

8 the Senate Committee on Appropriations, in writing, of 

9 specific contractual and grant details including the non10 Federal cost share of each project, related to the acquisi11 tion of lands or interests in lands to be undertaken with 

12 such funds: Provided further, That each forest legacy 

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

14 Provided further, That grants for acquisition of lands or 

15 conservation easements shall require that the State dem16 onstrates that 25 percent of the total value of the project 

17 is comprised of a non-Federal cost share.

18 NATIONAL FOREST SYSTEM

19 For necessary expenses of the Forest Service, not 

20 otherwise provided for, for management, protection, im21 provement, and utilization of the National Forest System, 

22 $1,400,792,000, to remain available until expended, which 

23 shall include 50 percent of all moneys received during 

24 prior fiscal years as fees collected under the Land and 

25 Water Conservation Fund Act of 1965, as amended, in 
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1 accordance with section 4 of the Act (16 U.S.C. 460l–

2 6a(i)): Provided, That unobligated balances available at 

3 the start of fiscal year 2004 shall be displayed by budget 

4 line item in the fiscal year 2005 budget justification: Pro5 vided further, That the Secretary may authorize the ex6 penditure or transfer of such sums as necessary to the 

7 Department of the Interior, Bureau of Land Management, 

8 for removal, preparation, and adoption of excess wild 

9 horses and burros from National Forest System lands and 

10 for the performance of cadastral surveys to designate the 

11 boundaries of such lands. 

12 For an additional amount to reimburse the Judgment 

13 Fund as required by 41 U.S.C. 612(c) for judgment liabil14 ities previously incurred, $188,405,000.

15 WILDLAND FIRE MANAGEMENT

16 For necessary expenses for forest fire presuppression 

17 activities on National Forest System lands, for emergency 

18 fire suppression on or adjacent to such lands or other 

19 lands under fire protection agreement, hazardous fuels re20 duction on or adjacent to such lands, and for emergency 

21 rehabilitation of burned-over National Forest System 

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

23 expended: Provided, That such funds including unobli24 gated balances under this head, are available for repay25 ment of advances from other appropriations accounts pre-
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1 viously transferred for such purposes: Provided further,

2 That not less than 50 percent of any unobligated balances 

3 remaining (exclusive of amounts for hazardous fuels re4 duction) at the end of fiscal year 2003 shall be trans5 ferred, as repayment for past advances that have not been 

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

7 Public Law 71–319 (16 U.S.C. 576 et seq.): Provided fur8 ther, That notwithstanding any other provision of law, 

9 $8,000,000 of funds appropriated under this appropria10 tion shall be used for Fire Science Research in support 

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

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

13 contracts, grants, and cooperative agreements, available to 

14 execute the Forest and Rangeland Research appropria15 tion, are also available in the utilization of funds for Fire 

16 Science Research: Provided further, That funds provided 

17 shall be available for emergency rehabilitation and restora18 tion, hazardous fuels reduction activities in the urban19 wildland interface, support to Federal emergency re20 sponse, and wildfire suppression activities of the Forest 

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

22 $246,392,000 is for hazardous fuels reduction activities, 

23 $40,000,000 is for rehabilitation and restoration, 

24 $22,000,000 is for research activities and to make com25 petitive research grants pursuant to the Forest and 
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1 Rangeland Renewable Resources Research Act, as amend2 ed (16 U.S.C. 1641 et seq.), $51,000,000 is for State fire 

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

4 $25,000,000 is for forest health activities on State, pri5 vate, and Federal lands, and $6,000,000 is for economic 

6 action programs: Provided further, That amounts in this 

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

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

9 Rangeland Research’’ accounts to fund State fire assist10 ance, volunteer fire assistance, forest health management, 

11 economic action programs, forest and rangeland research, 

12 vegetation and watershed management, heritage site reha13 bilitation, and wildlife and fish habitat management and 

14 restoration: Provided further, That transfers of any 

15 amounts in excess of those authorized in this paragraph, 

16 shall require approval of the House and Senate Commit17 tees on Appropriations in compliance with reprogramming 

18 procedures contained in the House report accompanying 

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

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

23 That in addition to funds provided for State Fire Assist24 ance programs, and subject to all authorities available to 

25 the Forest Service under the State and Private Forestry 
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1 Appropriations, up to $15,000,000 may be used on adja2 cent non-Federal lands for the purpose of protecting com3 munities when hazard reduction activities are planned on 

4 national forest lands that have the potential to place such 

5 communities at risk: Provided further, That included in 

6 funding for hazardous fuel reduction is $5,000,000 for im7 plementing the Community Forest Restoration Act, Public 

8 Law 106–393, title VI, and any portion of such funds 

9 shall be available for use on non-Federal lands in accord10 ance with authorities available to the Forest Service under 

11 the State and Private Forestry Appropriation: Provided 

12 further, That in using the funds provided in this Act for 

13 hazardous fuels reduction activities, the Secretary of Agri14 culture may conduct fuel reduction treatments on Federal 

15 lands using all contracting and hiring authorities available 

16 to the Secretary applicable to hazardous fuel reduction ac17 tivities under the wildland fire management accounts: Pro18 vided further, That notwithstanding Federal Government 

19 procurement and contracting laws, the Secretaries may 

20 conduct fuel reduction treatments, rehabilitation and res21 toration, and other activities authorized under this head22 ing on and adjacent to Federal lands using grants and 

23 cooperative agreements: Provided further, That notwith24 standing Federal Government procurement and con25 tracting laws, in order to provide employment and training 
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1 opportunities to people in rural communities, the Secre2 taries may award contracts, including contracts for moni3 toring activities, to local private, non-profit, or cooperative 

4 entities; Youth Conservation Corps crews or related part5 nerships, with State, local and non-profit youth groups; 

6 small or micro-businesses; or other entities that will hire 

7 or train a significant percentage of local people to com8 plete such contracts: Provided further, That the authorities 

9 described above relating to contracts, grants, and coopera10 tive agreements are available until all funds provided in 

11 this title for hazardous fuels reduction activities in the 

12 urban wildland interface are obligated: Provided further,

13 That the Secretary of the Interior and the Secretary of 

14 Agriculture may authorize the transfer of funds appro15 priated for wildland fire management, in an aggregate 

16 amount not to exceed $12,000,000, between the Depart17 ments when such transfers would facilitate and expedite 

18 jointly funded wildland fire management programs and 

19 projects.

20 CAPITAL IMPROVEMENT ANDMAINTENANCE

21 For necessary expenses of the Forest Service, not 

22 otherwise provided for, $560,473,000, to remain available 

23 until expended for construction, reconstruction, mainte24 nance and acquisition of buildings and other facilities, and 

25 for construction, reconstruction, repair, decommissioning, 
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1 and maintenance of forest roads and trails by the Forest 

2 Service as authorized by 16 U.S.C. 532–538 and 23 

3 U.S.C. 101 and 205: Provided, That up to $15,000,000 

4 of the funds provided herein for road maintenance shall 

5 be available for the decommissioning of roads, including 

6 unauthorized roads not part of the transportation system, 

7 which are no longer needed: Provided further, That no 

8 funds shall be expended to decommission any system road 

9 until notice and an opportunity for public comment has 

10 been provided on each decommissioning project.

11 LANDACQUISITION

12 For expenses necessary to carry out the provisions 

13 of the Land and Water Conservation Fund Act of 1965, 

14 as amended (16 U.S.C. 460l–4 through 11), including ad15 ministrative expenses, and for acquisition of land or wa16 ters, or interest therein, in accordance with statutory au17 thority applicable to the Forest Service, $29,288,000, to 

18 be derived from the Land and Water Conservation Fund 

19 and to remain available until expended.

20 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

21 ACTS

22 For acquisition of lands within the exterior bound23 aries of the Cache, Uinta, and Wasatch National Forests, 

24 Utah; the Toiyabe National Forest, Nevada; and the An25 geles, San Bernardino, Sequoia, and Cleveland National 
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1 Forests, California, as authorized by law, $1,069,000, to 

2 be derived from forest receipts.

3 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

4 For acquisition of lands, such sums, to be derived 

5 from funds deposited by State, county, or municipal gov6 ernments, public school districts, or other public school au7 thorities, and for authorized expenditures from funds de8 posited by non-federal parties pursuant to Land Sale and 

9 Exchange Acts, pursuant to the Act of December 4, 1967, 

10 as amended (16 U.S.C. 484a), to remain available until 

11 expended.

12 RANGE BETTERMENT FUND

13 For necessary expenses of range rehabilitation, pro14 tection, and improvement, 50 percent of all moneys re15 ceived during the prior fiscal year, as fees for grazing do16 mestic livestock on lands in National Forests in the 16 

17 Western States, pursuant to section 401(b)(1) of Public 

18 Law 94–579, as amended, to remain available until ex19 pended, of which not to exceed 6 percent shall be available 

20 for administrative expenses associated with on-the-ground 

21 range rehabilitation, protection, and improvements.
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1 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

2 RANGELANDRESEARCH

3 For expenses authorized by 16 U.S.C. 1643(b), 

4 $92,000, to remain available until expended, to be derived 

5 from the fund established pursuant to the above Act.

6 MANAGEMENT OF NATIONAL FOREST LANDS FOR

7 SUBSISTENCE USES

8 For necessary expenses of the Forest Service to man9 age federal lands in Alaska for subsistence uses under title 

10 VIII of the Alaska National Interest Lands Conservation 

11 Act (Public Law 96–487), $5,535,000, to remain available 

12 until expended.

13 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

14 Appropriations to the Forest Service for the current 

15 fiscal year shall be available for: (1) purchase of not to 

16 exceed 124 passenger motor vehicles of which 21 will be 

17 used primarily for law enforcement purposes and of which 

18 124 shall be for replacement; acquisition of 25 passenger 

19 motor vehicles from excess sources, and hire of such vehi20 cles; operation and maintenance of aircraft, the purchase 

21 of not to exceed seven for replacement only, and acquisi22 tion of sufficient aircraft from excess sources to maintain 

23 the operable fleet at 195 aircraft for use in Forest Service 

24 wildland fire programs and other Forest Service programs; 

25 notwithstanding other provisions of law, existing aircraft 
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1 being replaced may be sold, with proceeds derived or 

2 trade-in value used to offset the purchase price for the 

3 replacement aircraft; (2) services pursuant to 7 U.S.C. 

4 2225, and not to exceed $100,000 for employment under 

5 5 U.S.C. 3109; (3) purchase, erection, and alteration of 

6 buildings and other public improvements (7 U.S.C. 2250); 

7 (4) acquisition of land, waters, and interests therein pur8 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 

9 Volunteers in the National Forest Act of 1972 (16 U.S.C. 

10 558a, 558d, and 558a note); (6) the cost of uniforms as 

11 authorized by 5 U.S.C. 5901–5902; and (7) for debt col12 lection contracts in accordance with 31 U.S.C. 3718(c). 

13 None of the funds made available under this Act shall 

14 be obligated or expended to abolish any region, to move 

15 or close any regional office for National Forest System 

16 administration of the Forest Service, Department of Agri17 culture without the consent of the House and Senate Com18 mittees on Appropriations. 

19 Any appropriations or funds available to the Forest 

20 Service may be transferred to the Wildland Fire Manage21 ment appropriation for forest firefighting, emergency re22 habilitation of burned-over or damaged lands or waters 

23 under its jurisdiction, and fire preparedness due to severe 

24 burning conditions if and only if all previously appro25 priated emergency contingent funds under the heading 
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1 ‘‘Wildland Fire Management’’ have been released by the 

2 President and apportioned and all funds under the head3 ing ‘‘Wildland Fire Management’’ are obligated. 

4 Funds appropriated to the Forest Service shall be 

5 available for assistance to or through the Agency for Inter6 national Development and the Foreign Agricultural Serv7 ice in connection with forest and rangeland research, tech8 nical information, and assistance in foreign countries, and 

9 shall be available to support forestry and related natural 

10 resource activities outside the United States and its terri11 tories and possessions, including technical assistance, edu12 cation and training, and cooperation with United States 

13 and international organizations. 

14 None of the funds made available to the Forest Serv15 ice under this Act shall be subject to transfer under the 

16 provisions of section 702(b) of the Department of Agri17 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 

18 147b unless the proposed transfer is approved in advance 

19 by the House and Senate Committees on Appropriations 

20 in compliance with the reprogramming procedures con21 tained in the House report accompanying this Act. 

22 None of the funds available to the Forest Service may 

23 be reprogrammed without the advance approval of the 

24 House and Senate Committees on Appropriations in ac-
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1 cordance with the procedures contained in the House re2 port accompanying this Act. 

3 No funds available to the Forest Service shall be 

4 transferred to the Working Capital Fund of the Depart5 ment of Agriculture that exceed the total amount trans6 ferred during fiscal year 2000 for such purposes without 

7 the advance approval of the House and Senate Committees 

8 on Appropriations. 

9 Funds available to the Forest Service shall be avail10 able to conduct a program of not less than $2,000,000 

11 for high priority projects within the scope of the approved 

12 budget which shall be carried out by the Youth Conserva13 tion Corps. 

14 Of the funds available to the Forest Service, $2,500 

15 is available to the Chief of the Forest Service for official 

16 reception and representation expenses. 

17 Pursuant to sections 405(b) and 410(b) of Public 

18 Law 101–593, of the funds available to the Forest Service, 

19 $3,000,000 may be advanced in a lump sum to the Na20 tional Forest Foundation to aid conservation partnership 

21 projects in support of the Forest Service mission, without 

22 regard to when the Foundation incurs expenses, for ad23 ministrative expenses or projects on or benefitting Na24 tional Forest System lands or related to Forest Service 

25 programs: Provided, That of the Federal funds made 
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1 available to the Foundation, no more than $300,000 shall 

2 be available for administrative expenses: Provided further, 

3 That the Foundation shall obtain, by the end of the period 

4 of Federal financial assistance, private contributions to 

5 match on at least one-for-one basis funds made available 

6 by the Forest Service: Provided further, That the Founda7 tion may transfer Federal funds to a non-Federal recipient 

8 for a project at the same rate that the recipient has ob9 tained the non-Federal matching funds: Provided further,

10 That authorized investments of Federal funds held by the 

11 Foundation may be made only in interest-bearing obliga12 tions of the United States or in obligations guaranteed as 

13 to both principal and interest by the United States. 

14 Pursuant to section 2(b)(2) of Public Law 98–244, 

15 $2,650,000 of the funds available to the Forest Service 

16 shall be available for matching funds to the National Fish 

17 and Wildlife Foundation, as authorized by 16 U.S.C. 

18 3701–3709, and may be advanced in a lump sum to aid 

19 conservation partnership projects in support of the Forest 

20 Service mission, without regard to when expenses are in21 curred, for projects on or benefitting National Forest Sys22 tem lands or related to Forest Service programs: Provided,

23 That the Foundation shall obtain, by the end of the period 

24 of Federal financial assistance, private contributions to 

25 match on at least one-for-one basis funds advanced by the 
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1 Forest Service: Provided further, That the Foundation 

2 may transfer Federal funds to a non-Federal recipient for 

3 a project at the same rate that the recipient has obtained 

4 the non-Federal matching funds. 

5 Funds appropriated to the Forest Service shall be 

6 available for interactions with and providing technical as7 sistance to rural communities for sustainable rural devel8 opment purposes. 

9 Funds appropriated to the Forest Service shall be 

10 available for payments to counties within the Columbia 

11 River Gorge National Scenic Area, pursuant to sections 

12 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

13 663. 

14 Not later than 60 days after the date of the enact15 ment of this Act, the Secretary of Agriculture shall submit 

16 to Congress, and make available to interested persons, a 

17 report containing the results of a management review of 

18 outfitter and guiding operations in the John Muir, Ansel 

19 Adams, and Dinkey Lakes Wilderness Areas of the Inyo 

20 and Sierra National Forests, California. The report shall 

21 include information regarding: (1) how the Secretary in22 tends to minimize adverse impacts on the historic access 

23 rights of special use permittees in these three wilderness 

24 areas; and (2) how the Secretary intends to ensure timely 
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1 compliance with the requirements of the National Envi2 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

3 Notwithstanding any other provision of law, any ap4 propriations or funds available to the Forest Service not 

5 to exceed $500,000 may be used to reimburse the Office 

6 of the General Counsel (OGC), Department of Agri7 culture, for travel and related expenses incurred as a re8 sult of OGC assistance or participation requested by the 

9 Forest Service at meetings, training sessions, management 

10 reviews, land purchase negotiations and similar non-litiga11 tion related matters. Future budget justifications for both 

12 the Forest Service and the Department of Agriculture 

13 should clearly display the sums previously transferred and 

14 the requested funding transfers.

15 Any appropriations or funds available to the Forest 

16 Service may be used for necessary expenses in the event 

17 of law enforcement emergencies as necessary to protect 

18 natural resources and public or employee safety: Provided,

19 That such amounts shall not exceed $1,000,000. 

20 The Secretary of Agriculture may authorize the sale 

21 of excess buildings, facilities, and other properties owned 

22 by the Forest Service and located on the Green Mountain 

23 National Forest, the revenues of which shall be retained 

24 by the Forest Service and available to the Secretary with25 out further appropriation and until expended for mainte-
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1 nance and rehabilitation activities on the Green Mountain 

2 National Forest. 

3 The Secretary of Agriculture may transfer or reim4 burse funds available to the Forest Service, not to exceed 

5 $15,000,000, to the Secretary of the Interior or the Sec6 retary of Commerce to expedite conferencing and consulta7 tions as required under section 7 of the Endangered Spe8 cies Act, 16 U.S.C. 1536. The amount of the transfer or 

9 reimbursement shall be as mutually agreed by the Sec10 retary of Agriculture and the Secretary of the Interior or 

11 Secretary of Commerce, as applicable, or their designees. 

12 The amount shall in no case exceed the actual costs of 

13 consultation and conferencing. 

14 Beginning on June 30, 2001 and concluding on De15 cember 31, 2004, an eligible individual who is employed 

16 in any project funded under Title V of the Older American 

17 Act of 1965 (42 U.S.C. 3056 et seq.) and administered 

18 by the Forest Service shall be considered to be a Federal 

19 employee for purposes of chapter 171 of title 28, United 

20 States Code.

21 DEPARTMENT OF ENERGY 

22 CLEAN COAL TECHNOLOGY

23 (DEFERRAL) 

24 Of the funds made available under this heading for 

25 obligation in prior years, $86,000,000 shall not be avail-
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1 able until October 1, 2004: Provided, That funds made 

2 available in previous appropriations Acts shall be available 

3 for any ongoing project regardless of the separate request 

4 for proposal under which the project was selected.

5 FOSSIL ENERGY RESEARCH ANDDEVELOPMENT

6 For necessary expenses in carrying out fossil energy 

7 research and development activities, under the authority 

8 of the Department of Energy Organization Act (Public 

9 Law 95–91), including the acquisition of interest, includ10 ing defeasible and equitable interests in any real property 

11 or any facility or for plant or facility acquisition or expan12 sion, and for conducting inquiries, technological investiga13 tions and research concerning the extraction, processing, 

14 use, and disposal of mineral substances without objection15 able social and environmental costs (30 U.S.C. 3, 1602, 

16 and 1603), $609,290,000 to remain available until ex17 pended, of which $2,000,000 is to continue a multi-year 

18 project for construction, renovation, furnishing, and demo19 lition or removal of buildings at National Energy Tech20 nology Laboratory facilities in Morgantown, West Virginia 

21 and Pittsburgh, Pennsylvania; and of which $130,000,000 

22 are to be made available, after coordination with the pri23 vate sector, for a request for proposals for a Clean Coal 

24 Power Initiative providing for competitively-awarded re25 search, development, and demonstration projects to reduce 
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1 the barriers to continued and expanded coal use: Provided,

2 That no project may be selected for which sufficient fund3 ing is not available to provide for the total project: Pro4 vided further, That funds shall be expended in accordance 

5 with the provisions governing the use of funds contained 

6 under the heading ‘‘Clean Coal Technology’’ in 42 U.S.C. 

7 5903d: Provided further, That the Department may in8 clude provisions for repayment of Government contribu9 tions to individual projects in an amount up to the Govern10 ment contribution to the project on terms and conditions 

11 that are acceptable to the Department including repay12 ments from sale and licensing of technologies from both 

13 domestic and foreign transactions: Provided further, That 

14 such repayments shall be retained by the Department for 

15 future coal-related research, development and demonstra16 tion projects: Provided further, That any technology se17 lected under this program shall be considered a Clean Coal 

18 Technology, and any project selected under this program 

19 shall be considered a Clean Coal Technology Project, for 

20 the purposes of 42 U.S.C. 7651n, and Chapters 51, 52, 

21 and 60 of title 40 of the Code of Federal Regulations: 

22 Provided further, That no part of the sum herein made 

23 available shall be used for the field testing of nuclear ex24 plosives in the recovery of oil and gas: Provided further,

25 That up to 4 percent of program direction funds available 
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1 to the National Energy Technology Laboratory may be 

2 used to support Department of Energy activities not in3 cluded in this account.

4 NAVAL PETROLEUM ANDOIL SHALE RESERVES

5 For expenses necessary to carry out naval petroleum 

6 and oil shale reserve activities, $20,500,000, to remain 

7 available until expended: Provided, That, notwithstanding 

8 any other provision of law, unobligated funds remaining 

9 from prior years shall be available for all naval petroleum 

10 and oil shale reserve activities.

11 ELK HILLS SCHOOL LANDS FUND

12 For necessary expenses in fulfilling installment pay13 ments under the Settlement Agreement entered into by 

14 the United States and the State of California on October 

15 11, 1996, as authorized by section 3415 of Public Law 

16 104–106, $36,000,000, to become available on October 1, 

17 2004 for payment to the State of California for the State 

18 Teachers’ Retirement Fund from the Elk Hills School 

19 Lands Fund.

20 ENERGY CONSERVATION

21 For necessary expenses in carrying out energy con22 servation activities, $879,487,000, to remain available 

23 until expended: Provided, That $270,000,000 shall be for 

24 use in energy conservation grant programs as defined in 

25 section 3008(3) of Public Law 99–509 (15 U.S.C. 4507): 

26 Provided further, That notwithstanding section 3003(d)(2) 
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1 of Public Law 99–509, such sums shall be allocated to 

2 the eligible programs as follows: $225,000,000 for weath3 erization assistance grants and $45,000,000 for State en4 ergy program grants.

5 ECONOMIC REGULATION

6 For necessary expenses in carrying out the activities 

7 of the Office of Hearings and Appeals, $1,047,000, to re8 main available until expended.

9 STRATEGIC PETROLEUM RESERVE

10 For necessary expenses for Strategic Petroleum Re11 serve facility development and operations and program 

12 management activities pursuant to the Energy Policy and 

13 Conservation Act of 1975, as amended (42 U.S.C. 6201 

14 et seq.), $175,081,000, to remain available until expended.

15 NORTHEAST HOME HEATING OIL RESERVE

16 For necessary expenses for Northeast Home Heating 

17 Oil Reserve storage, operations, and management activi18 ties pursuant to the Energy Policy and Conservation Act 

19 of 2000, $5,000,000, to remain available until expended.

20 ENERGY INFORMATION ADMINISTRATION

21 For necessary expenses in carrying out the activities 

22 of the Energy Information Administration, $82,111,000, 

23 to remain available until expended.
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1 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

2 Appropriations under this Act for the current fiscal 

3 year shall be available for hire of passenger motor vehicles; 

4 hire, maintenance, and operation of aircraft; purchase, re5 pair, and cleaning of uniforms; and reimbursement to the 

6 General Services Administration for security guard serv7 ices. 

8 From appropriations under this Act, transfers of 

9 sums may be made to other agencies of the Government 

10 for the performance of work for which the appropriation 

11 is made. 

12 None of the funds made available to the Department 

13 of Energy under this Act shall be used to implement or 

14 finance authorized price support or loan guarantee pro15 grams unless specific provision is made for such programs 

16 in an appropriations Act. 

17 The Secretary is authorized to accept lands, build18 ings, equipment, and other contributions from public and 

19 private sources and to prosecute projects in cooperation 

20 with other agencies, Federal, State, private or foreign: 

21 Provided, That revenues and other moneys received by or 

22 for the account of the Department of Energy or otherwise 

23 generated by sale of products in connection with projects 

24 of the Department appropriated under this Act may be 

25 retained by the Secretary of Energy, to be available until 
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1 expended, and used only for plant construction, operation, 

2 costs, and payments to cost-sharing entities as provided 

3 in appropriate cost-sharing contracts or agreements: Pro4 vided further, That the remainder of revenues after the 

5 making of such payments shall be covered into the Treas6 ury as miscellaneous receipts: Provided further, That any 

7 contract, agreement, or provision thereof entered into by 

8 the Secretary pursuant to this authority shall not be exe9 cuted prior to the expiration of 30 calendar days (not in10 cluding any day in which either House of Congress is not 

11 in session because of adjournment of more than 3 calendar 

12 days to a day certain) from the receipt by the Speaker 

13 of the House of Representatives and the President of the 

14 Senate of a full comprehensive report on such project, in15 cluding the facts and circumstances relied upon in support 

16 of the proposed project. 

17 No funds provided in this Act may be expended by 

18 the Department of Energy to prepare, issue, or process 

19 procurement documents for programs or projects for 

20 which appropriations have not been made. 

21 In addition to other authorities set forth in this Act, 

22 the Secretary may accept fees and contributions from pub23 lic and private sources, to be deposited in a contributed 

24 funds account, and prosecute projects using such fees and 
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1 contributions in cooperation with other Federal, State or 

2 private agencies or concerns.

3 DEPARTMENT OF HEALTH AND HUMAN 

4 SERVICES 

5 INDIAN HEALTH SERVICE

6 INDIAN HEALTH SERVICES

7 For expenses necessary to carry out the Act of Au8 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina9 tion Act, the Indian Health Care Improvement Act, and 

10 titles II and III of the Public Health Service Act with re11 spect to the Indian Health Service, $2,556,082,000, to12 gether with payments received during the fiscal year pur13 suant to 42 U.S.C. 238(b) for services furnished by the 

14 Indian Health Service: Provided, That funds made avail15 able to tribes and tribal organizations through contracts, 

16 grant agreements, or any other agreements or compacts 

17 authorized by the Indian Self-Determination and Edu18 cation Assistance Act of 1975 (25 U.S.C. 450), shall be 

19 deemed to be obligated at the time of the grant or contract 

20 award and thereafter shall remain available to the tribe 

21 or tribal organization without fiscal year limitation: Pro22 vided further, That $18,000,000 shall remain available 

23 until expended, for the Indian Catastrophic Health Emer24 gency Fund: Provided further, That $460,046,000 for con25 tract medical care shall remain available for obligation 
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1 until September 30, 2005: Provided further, That of the 

2 funds provided, up to $27,000,000 to remain available 

3 until expended, shall be used to carry out the loan repay4 ment program under section 108 of the Indian Health 

5 Care Improvement Act: Provided further, That funds pro6 vided in this Act may be used for one-year contracts and 

7 grants which are to be performed in two fiscal years, so 

8 long as the total obligation is recorded in the year for 

9 which the funds are appropriated: Provided further, That 

10 the amounts collected by the Secretary of Health and 

11 Human Services under the authority of title IV of the In12 dian Health Care Improvement Act shall remain available 

13 until expended for the purpose of achieving compliance 

14 with the applicable conditions and requirements of titles 

15 XVIII and XIX of the Social Security Act (exclusive of 

16 planning, design, or construction of new facilities): Pro17 vided further, That funding contained herein, and in any 

18 earlier appropriations Acts for scholarship programs 

19 under the Indian Health Care Improvement Act (25 

20 U.S.C. 1613) shall remain available until expended: Pro21 vided further, That amounts received by tribes and tribal 

22 organizations under title IV of the Indian Health Care Im23 provement Act shall be reported and accounted for and 

24 available to the receiving tribes and tribal organizations 

25 until expended: Provided further, That, notwithstanding 
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1 any other provision of law, of the amounts provided herein, 

2 not to exceed $270,734,000 shall be for payments to tribes 

3 and tribal organizations for contract or grant support 

4 costs associated with contracts, grants, self-governance 

5 compacts or annual funding agreements between the In6 dian Health Service and a tribe or tribal organization pur7 suant to the Indian Self-Determination Act of 1975, as 

8 amended, prior to or during fiscal year 2004, of which 

9 not to exceed $2,500,000 may be used for contract sup10 port costs associated with new or expanded self-determina11 tion contracts, grants, self-governance compacts or annual 

12 funding agreements: Provided further, That funds avail13 able for the Indian Health Care Improvement Fund may 

14 be used, as needed, to carry out activities typically funded 

15 under the Indian Health Facilities account.

16 INDIAN HEALTH FACILITIES

17 For construction, repair, maintenance, improvement, 

18 and equipment of health and related auxiliary facilities, 

19 including quarters for personnel; preparation of plans, 

20 specifications, and drawings; acquisition of sites, purchase 

21 and erection of modular buildings, and purchases of trail22 ers; and for provision of domestic and community sanita23 tion facilities for Indians, as authorized by section 7 of 

24 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

25 Self-Determination Act, and the Indian Health Care Im-
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1 provement Act, and for expenses necessary to carry out 

2 such Acts and titles II and III of the Public Health Serv3 ice Act with respect to environmental health and facilities 

4 support activities of the Indian Health Service, 

5 $392,560,000, to remain available until expended: Pro6 vided, That notwithstanding any other provision of law, 

7 funds appropriated for the planning, design, construction 

8 or renovation of health facilities for the benefit of an In9 dian tribe or tribes may be used to purchase land for sites 

10 to construct, improve, or enlarge health or related facili11 ties: Provided further, That from the funds appropriated 

12 herein, $5,000,000 shall be designated by the Indian 

13 Health Service as a contribution to the Yukon-Kuskokwim 

14 Health Corporation (YKHC) to complete a priority project 

15 for the acquisition of land, planning, design and construc16 tion of 79 staff quarters in the Bethel service area, pursu17 ant to the negotiated project agreement between the 

18 YKHC and the Indian Health Service: Provided further,

19 That this project shall not be subject to the construction 

20 provisions of the Indian Self-Determination and Edu21 cation Assistance Act and shall be removed from the In22 dian Health Service priority list upon completion: Provided 

23 further, That the Federal Government shall not be liable 

24 for any property damages or other construction claims 

25 that may arise from YKHC undertaking this project: Pro-
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1 vided further, That the land shall be owned or leased by 

2 the YKHC and title to quarters shall remain vested with 

3 the YKHC: Provided further, That not to exceed $500,000 

4 shall be used by the Indian Health Service to purchase 

5 TRANSAM equipment from the Department of Defense 

6 for distribution to the Indian Health Service and tribal 

7 facilities: Provided further, That none of the funds appro8 priated to the Indian Health Service may be used for sani9 tation facilities construction for new homes funded with 

10 grants by the housing programs of the United States De11 partment of Housing and Urban Development: Provided 

12 further, That not to exceed $500,000 shall be used by the 

13 Indian Health Service to obtain ambulances for the Indian 

14 Health Service and tribal facilities in conjunction with an 

15 existing interagency agreement between the Indian Health 

16 Service and the General Services Administration: Provided 

17 further, That not to exceed $500,000 shall be placed in 

18 a Demolition Fund, available until expended, to be used 

19 by the Indian Health Service for demolition of Federal 

20 buildings.

21 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

22 Appropriations in this Act to the Indian Health Serv23 ice shall be available for services as authorized by 5 U.S.C. 

24 3109 but at rates not to exceed the per diem rate equiva25 lent to the maximum rate payable for senior-level positions 
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1 under 5 U.S.C. 5376; hire of passenger motor vehicles and 

2 aircraft; purchase of medical equipment; purchase of re3 prints; purchase, renovation and erection of modular 

4 buildings and renovation of existing facilities; payments 

5 for telephone service in private residences in the field, 

6 when authorized under regulations approved by the Sec7 retary; and for uniforms or allowances therefor as author8 ized by 5 U.S.C. 5901–5902; and for expenses of attend9 ance at meetings which are concerned with the functions 

10 or activities for which the appropriation is made or which 

11 will contribute to improved conduct, supervision, or man12 agement of those functions or activities. 

13 In accordance with the provisions of the Indian 

14 Health Care Improvement Act, non-Indian patients may 

15 be extended health care at all tribally administered or In16 dian Health Service facilities, subject to charges, and the 

17 proceeds along with funds recovered under the Federal 

18 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

19 be credited to the account of the facility providing the 

20 service and shall be available without fiscal year limitation. 

21 Notwithstanding any other law or regulation, funds trans22 ferred from the Department of Housing and Urban Devel23 opment to the Indian Health Service shall be administered 

24 under Public Law 86–121 (the Indian Sanitation Facili25 ties Act) and Public Law 93–638, as amended. 
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1 Funds appropriated to the Indian Health Service in 

2 this Act, except those used for administrative and program 

3 direction purposes, shall not be subject to limitations di4 rected at curtailing Federal travel and transportation. 

5 Notwithstanding any other provision of law, funds 

6 previously or herein made available to a tribe or tribal or7 ganization through a contract, grant, or agreement au8 thorized by title I or title III of the Indian Self-Determina9 tion and Education Assistance Act of 1975 (25 U.S.C. 

10 450), may be deobligated and reobligated to a self-deter11 mination contract under title I, or a self-governance agree12 ment under title III of such Act and thereafter shall re13 main available to the tribe or tribal organization without 

14 fiscal year limitation. 

15 None of the funds made available to the Indian 

16 Health Service in this Act shall be used to implement the 

17 final rule published in the Federal Register on September 

18 16, 1987, by the Department of Health and Human Serv19 ices, relating to the eligibility for the health care services 

20 of the Indian Health Service until the Indian Health Serv21 ice has submitted a budget request reflecting the increased 

22 costs associated with the proposed final rule, and such re23 quest has been included in an appropriations Act and en24 acted into law. 
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1 With respect to functions transferred by the Indian 

2 Health Service to tribes or tribal organizations, the Indian 

3 Health Service is authorized to provide goods and services 

4 to those entities, on a reimbursable basis, including pay5 ment in advance with subsequent adjustment. The reim6 bursements received therefrom, along with the funds re7 ceived from those entities pursuant to the Indian Self-De8 termination Act, may be credited to the same or subse9 quent appropriation account which provided the funding. 

10 Such amounts shall remain available until expended. 

11 Reimbursements for training, technical assistance, or 

12 services provided by the Indian Health Service will contain 

13 total costs, including direct, administrative, and overhead 

14 associated with the provision of goods, services, or tech15 nical assistance. 

16 The appropriation structure for the Indian Health 

17 Service may not be altered without advance approval of 

18 the House and Senate Committees on Appropriations.

19 OTHER RELATED AGENCIES 

20 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

21 SALARIES ANDEXPENSES

22 For necessary expenses of the Office of Navajo and 

23 Hopi Indian Relocation as authorized by Public Law 93–

24 531, $13,532,000, to remain available until expended: 

25 Provided, That funds provided in this or any other appro-
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1 priations Act are to be used to relocate eligible individuals 

2 and groups including evictees from District 6, Hopi-parti3 tioned lands residents, those in significantly substandard 

4 housing, and all others certified as eligible and not in5 cluded in the preceding categories: Provided further, That 

6 none of the funds contained in this or any other Act may 

7 be used by the Office of Navajo and Hopi Indian Reloca8 tion to evict any single Navajo or Navajo family who, as 

9 of November 30, 1985, was physically domiciled on the 

10 lands partitioned to the Hopi Tribe unless a new or re11 placement home is provided for such household: Provided 

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

13 one new or replacement home: Provided further, That the 

14 Office shall relocate any certified eligible relocatees who 

15 have selected and received an approved homesite on the 

16 Navajo reservation or selected a replacement residence off 

17 the Navajo reservation or on the land acquired pursuant 

18 to 25 U.S.C. 640d–10.

19 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

20 CULTURE AND ARTS DEVELOPMENT

21 PAYMENT TO THE INSTITUTE

22 For payment to the Institute of American Indian and 

23 Alaska Native Culture and Arts Development, as author24 ized by title XV of Public Law 99–498, as amended (20 

25 U.S.C. 56 part A), $5,250,000.
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1 SMITHSONIAN INSTITUTION

2 SALARIES ANDEXPENSES

3 For necessary expenses of the Smithsonian Institu4 tion, as authorized by law, including research in the fields 

5 of art, science, and history; development, preservation, and 

6 documentation of the National Collections; presentation of 

7 public exhibits and performances; collection, preparation, 

8 dissemination, and exchange of information and publica9 tions; conduct of education, training, and museum assist10 ance programs; maintenance, alteration, operation, lease 

11 (for terms not to exceed 30 years), and protection of build12 ings, facilities, and approaches; not to exceed $100,000 

13 for services as authorized by 5 U.S.C. 3109; up to five 

14 replacement passenger vehicles; purchase, rental, repair, 

15 and cleaning of uniforms for employees, $489,748,000, of 

16 which not to exceed $46,903,000 for the instrumentation 

17 program, collections acquisition, exhibition reinstallation, 

18 the National Museum of the American Indian, and the re19 patriation of skeletal remains program shall remain avail20 able until expended; and of which $828,000 for fellowships 

21 and scholarly awards shall remain available until Sep22 tember 30, 2005; and including such funds as may be nec23 essary to support American overseas research centers and 

24 a total of $125,000 for the Council of American Overseas 

25 Research Centers: Provided, That funds appropriated 
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1 herein are available for advance payments to independent 

2 contractors performing research services or participating 

3 in official Smithsonian presentations: Provided further,

4 That the Smithsonian Institution may expend Federal ap5 propriations designated in this Act for lease or rent pay6 ments for long term and swing space, as rent payable to 

7 the Smithsonian Institution, and such rent payments may 

8 be deposited into the general trust funds of the Institution 

9 to the extent that federally supported activities are housed 

10 in the 900 H Street, N.W. building in the District of Co11 lumbia: Provided further, That this use of Federal appro12 priations shall not be construed as debt service, a Federal 

13 guarantee of, a transfer of risk to, or an obligation of, 

14 the Federal Government: Provided further, That no appro15 priated funds may be used to service debt which is in16 curred to finance the costs of acquiring the 900 H Street 

17 building or of planning, designing, and constructing im18 provements to such building.

19 FACILITIES CAPITAL

20 For necessary expenses of repair, revitalization, and 

21 alteration of facilities owned or occupied by the Smithso22 nian Institution, by contract or otherwise, as authorized 

23 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

24 and for construction, including necessary personnel, 

25 $93,970,000, to remain available until expended, of which 
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1 not to exceed $10,000 is for services as authorized by 5 

2 U.S.C. 3109: Provided, That contracts awarded for envi3 ronmental systems, protection systems, and repair or res4 toration of facilities of the Smithsonian Institution may 

5 be negotiated with selected contractors and awarded on 

6 the basis of contractor qualifications as well as price: Pro7 vided further, That balances from amounts previously ap8 propriated under the headings ‘‘Repair, Restoration and 

9 Alteration of Facilities’’ and ‘‘Construction’’ shall be 

10 transferred to and merged with this appropriation and 

11 shall remain until expended.

12 ADMINISTRATIVE PROVISIONS, SMITHSONIAN

13 INSTITUTION

14 None of the funds in this or any other Act may be 

15 used to make any changes to the existing Smithsonian 

16 science programs including closure of facilities, relocation 

17 of staff or redirection of functions and programs without 

18 approval from the Board of Regents of recommendations 

19 received from the Science Commission. 

20 None of the funds in this or any other Act may be 

21 used to initiate the design for any proposed expansion of 

22 current space or new facility without consultation with the 

23 House and Senate Appropriations Committees. 

24 None of the funds in this or any other Act may be 

25 used for the Holt House located at the National Zoological 
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1 Park in Washington, D.C., unless identified as repairs to 

2 minimize water damage, monitor structure movement, or 

3 provide interim structural support. 

4 None of the funds available to the Smithsonian may 

5 be reprogrammed without the advance written approval of 

6 the House and Senate Committees on Appropriations in 

7 accordance with the procedures contained in the House 

8 report accompanying this Act. 

9 The Secretary of the Smithsonian Institution may es10 tablish a voluntary separation incentive program substan11 tially similar to the program established under section 

12 1313(a) of the ‘‘Homeland Security Act of 2002’’ (Public 

13 Law 107–296, 116 Stat. 2135) for individuals serving in 

14 civil service positions in the Smithsonian Institution.

15 NATIONAL GALLERY OF ART

16 SALARIES ANDEXPENSES

17 For the upkeep and operations of the National Gal18 lery of Art, the protection and care of the works of art 

19 therein, and administrative expenses incident thereto, as 

20 authorized by the Act of March 24, 1937 (50 Stat. 51), 

21 as amended by the public resolution of April 13, 1939 

22 (Public Resolution 9, Seventy-sixth Congress), including 

23 services as authorized by 5 U.S.C. 3109; payment in ad24 vance when authorized by the treasurer of the Gallery for 

25 membership in library, museum, and art associations or 
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1 societies whose publications or services are available to 

2 members only, or to members at a price lower than to the 

3 general public; purchase, repair, and cleaning of uniforms 

4 for guards, and uniforms, or allowances therefor, for other 

5 employees as authorized by law (5 U.S.C. 5901–5902); 

6 purchase or rental of devices and services for protecting 

7 buildings and contents thereof, and maintenance, alter8 ation, improvement, and repair of buildings, approaches, 

9 and grounds; and purchase of services for restoration and 

10 repair of works of art for the National Gallery of Art by 

11 contracts made, without advertising, with individuals, 

12 firms, or organizations at such rates or prices and under 

13 such terms and conditions as the Gallery may deem prop14 er, $88,849,000, of which not to exceed $3,026,000 for 

15 the special exhibition program shall remain available until 

16 expended.

17 REPAIR, RESTORATION ANDRENOVATION OF BUILDINGS

18 For necessary expenses of repair, restoration and 

19 renovation of buildings, grounds and facilities owned or 

20 occupied by the National Gallery of Art, by contract or 

21 otherwise, as authorized, $11,600,000, to remain available 

22 until expended: Provided, That contracts awarded for envi23 ronmental systems, protection systems, and exterior repair 

24 or renovation of buildings of the National Gallery of Art 
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1 may be negotiated with selected contractors and awarded 

2 on the basis of contractor qualifications as well as price.

3 JOHN F. KENNEDY CENTER FOR THE PERFORMING

4 ARTS

5 OPERATIONS ANDMAINTENANCE

6 For necessary expenses for the operation, mainte7 nance and security of the John F. Kennedy Center for 

8 the Performing Arts, $16,560,000.

9 CONSTRUCTION

10 For necessary expenses for capital repair and restora11 tion of the existing features of the building and site of 

12 the John F. Kennedy Center for the Performing Arts, 

13 $16,000,000, to remain available until expended.

14 WOODROW WILSON INTERNATIONAL CENTER FOR

15 SCHOLARS

16 SALARIES ANDEXPENSES

17 For expenses necessary in carrying out the provisions 

18 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

19 1356) including hire of passenger vehicles and services as 

20 authorized by 5 U.S.C. 3109, $8,604,000.
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1 NATIONAL FOUNDATION ON THE ARTS ANDTHE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS ANDADMINISTRATION

5 For necessary expenses to carry out the National 

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

7 as amended, $117,480,000, shall be available to the Na8 tional Endowment for the Arts for the support of projects 

9 and productions in the arts through assistance to organi10 zations and individuals pursuant to sections 5(c) and 5(g) 

11 of the Act, including $17,000,000 for support of arts edu12 cation and public outreach activities through the Chal13 lenge America program, for program support, and for ad14 ministering the functions of the Act, to remain available 

15 until expended: Provided, That funds previously appro16 priated to the National Endowment for the Arts ‘‘Match17 ing Grants’’ account and ‘‘Challenge America’’ account 

18 may be transferred to and merged with this account.

19 NATIONAL ENDOWMENT FOR THE HUMANITIES

20 GRANTS ANDADMINISTRATION

21 For necessary expenses to carry out the National 

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

23 as amended, $120,878,000, shall be available to the Na24 tional Endowment for the Humanities for support of ac25 tivities in the humanities, pursuant to section 7(c) of the 
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1 Act, and for administering the functions of the Act, to 

2 remain available until expended.

3 MATCHING GRANTS

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

5 National Foundation on the Arts and the Humanities Act 

6 of 1965, as amended, $16,122,000, to remain available 

7 until expended, of which $10,436,000 shall be available 

8 to the National Endowment for the Humanities for the 

9 purposes of section 7(h): Provided, That this appropria10 tion shall be available for obligation only in such amounts 

11 as may be equal to the total amounts of gifts, bequests, 

12 and devises of money, and other property accepted by the 

13 chairman or by grantees of the Endowment under the pro14 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 

15 the current and preceding fiscal years for which equal 

16 amounts have not previously been appropriated.

17 ADMINISTRATIVE PROVISIONS

18 None of the funds appropriated to the National 

19 Foundation on the Arts and the Humanities may be used 

20 to process any grant or contract documents which do not 

21 include the text of 18 U.S.C. 1913: Provided, That none 

22 of the funds appropriated to the National Foundation on 

23 the Arts and the Humanities may be used for official re24 ception and representation expenses: Provided further,

25 That funds from nonappropriated sources may be used as 
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1 necessary for official reception and representation ex2 penses: Provided further, That the Chairperson of the Na3 tional Endowment for the Arts may approve grants up to 

4 $10,000, if in the aggregate this amount does not exceed 

5 5 percent of the sums appropriated for grant making pur6 poses per year: Provided further, That such small grant 

7 actions are taken pursuant to the terms of an expressed 

8 and direct delegation of authority from the National Coun9 cil on the Arts to the Chairperson.

10 COMMISSION OF FINE ARTS

11 SALARIES ANDEXPENSES

12 For expenses made necessary by the Act establishing 

13 a Commission of Fine Arts (40 U.S.C. 104), $1,422,000: 

14 Provided, That the Commission is authorized to charge 

15 fees to cover the full costs of its publications, and such 

16 fees shall be credited to this account as an offsetting col17 lection, to remain available until expended without further 

18 appropriation.

19 NATIONAL CAPITAL ARTS ANDCULTURAL AFFAIRS

20 For necessary expenses as authorized by Public Law 

21 99–190 (20 U.S.C. 956(a)), as amended, $7,000,000.

22 ADMINISTRATIVE PROVISION

23 None of the funds appropriated in this or any other 

24 Act, except funds appropriated to the Office of Manage25 ment and Budget, shall be available to study the alteration 
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1 or transfer of the National Capital Arts and Cultural Af2 fairs program.

3 ADVISORY COUNCIL ON HISTORIC PRESERVATION

4 SALARIES ANDEXPENSES

5 For necessary expenses of the Advisory Council on 

6 Historic Preservation (Public Law 89–665, as amended), 

7 $4,100,000: Provided, That none of these funds shall be 

8 available for compensation of level V of the Executive 

9 Schedule or higher positions.

10 NATIONAL CAPITAL PLANNING COMMISSION

11 SALARIES ANDEXPENSES

12 For necessary expenses, as authorized by the Na13 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

14 including services as authorized by 5 U.S.C. 3109, 

15 $7,730,000: Provided, That for fiscal year 2004 and there16 after, all appointed members of the Commission will be 

17 compensated at a rate not to exceed the daily equivalent 

18 of the annual rate of pay for positions at level IV of the 

19 Executive Schedule for each day such member is engaged 

20 in the actual performance of duties.

21 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

22 HOLOCAUST MEMORIAL MUSEUM

23 For expenses of the Holocaust Memorial Museum, as 

24 authorized by Public Law 106–292 (36 U.S.C. 2301–

25 2310), $39,997,000, of which $1,900,000 for the muse-
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1 um’s repair and rehabilitation program and $1,264,000 

2 for the museum’s exhibitions program shall remain avail3 able until expended.

4 PRESIDIO TRUST

5 PRESIDIO TRUST FUND

6 For necessary expenses to carry out title I of the Om7 nibus Parks and Public Lands Management Act of 1996, 

8 $20,700,000 shall be available to the Presidio Trust, to 

9 remain available until expended.

10 TITLE III—GENERAL PROVISIONS 

11 SEC. 301. The expenditure of any appropriation 

12 under this Act for any consulting service through procure13 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

14 to those contracts where such expenditures are a matter 

15 of public record and available for public inspection, except 

16 where otherwise provided under existing law, or under ex17 isting Executive Order issued pursuant to existing law. 

18 SEC. 302. No part of any appropriation contained in 

19 this Act shall be available for any activity or the publica20 tion or distribution of literature that in any way tends to 

21 promote public support or opposition to any legislative 

22 proposal on which congressional action is not complete. 

23 SEC. 303. No part of any appropriation contained in 

24 this Act shall remain available for obligation beyond the 

25 current fiscal year unless expressly so provided herein. 
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1 SEC. 304. None of the funds provided in this Act to 

2 any department or agency shall be obligated or expended 

3 to provide a personal cook, chauffeur, or other personal 

4 servants to any officer or employee of such department 

5 or agency except as otherwise provided by law. 

6 SEC. 305. No assessments, charges, or billings may 

7 be levied against any program, budget activity, subactivity, 

8 or project funded by this Act unless advance notice of such 

9 assessments, charges, or billings and the basis therefor are 

10 presented to the House and Senate Committees on Appro11 priations and are approved by such Committees. 

12 SEC. 306. None of the funds in this Act may be used 

13 to plan, prepare, or offer for sale timber from trees classi14 fied as giant sequoia (Sequoiadendron giganteum) which 

15 are located on National Forest System or Bureau of Land 

16 Management lands in a manner different than such sales 

17 were conducted in fiscal year 2002.

18 SEC. 307. (a) LIMITATION OF FUNDS.—None of the 

19 funds appropriated or otherwise made available pursuant 

20 to this Act shall be obligated or expended to accept or 

21 process applications for a patent for any mining or mill 

22 site claim located under the general mining laws. 

23 (b) EXCEPTIONS.—The provisions of subsection (a) 

24 shall not apply if the Secretary of the Interior determines 

25 that, for the claim concerned: (1) a patent application was 
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1 filed with the Secretary on or before September 30, 1994; 

2 and (2) all requirements established under sections 2325 

3 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

4 for vein or lode claims and sections 2329, 2330, 2331, 

5 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 

6 37) for placer claims, and section 2337 of the Revised 

7 Statutes (30 U.S.C. 42) for mill site claims, as the case 

8 may be, were fully complied with by the applicant by that 

9 date. 

10 (c) REPORT.—On September 30, 2004, the Secretary 

11 of the Interior shall file with the House and Senate Com12 mittees on Appropriations and the Committee on Re13 sources of the House of Representatives and the Com14 mittee on Energy and Natural Resources of the Senate 

15 a report on actions taken by the Department under the 

16 plan submitted pursuant to section 314(c) of the Depart17 ment of the Interior and Related Agencies Appropriations 

18 Act, 1997 (Public Law 104–208). 

19 (d) MINERAL EXAMINATIONS.—In order to process 

20 patent applications in a timely and responsible manner, 

21 upon the request of a patent applicant, the Secretary of 

22 the Interior shall allow the applicant to fund a qualified 

23 third-party contractor to be selected by the Bureau of 

24 Land Management to conduct a mineral examination of 

25 the mining claims or mill sites contained in a patent appli-
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1 cation as set forth in subsection (b). The Bureau of Land 

2 Management shall have the sole responsibility to choose 

3 and pay the third-party contractor in accordance with the 

4 standard procedures employed by the Bureau of Land 

5 Management in the retention of third-party contractors. 

6 SEC. 308. Notwithstanding any other provision of 

7 law, amounts appropriated to or earmarked in committee 

8 reports for the Bureau of Indian Affairs and the Indian 

9 Health Service by Public Laws 103–138, 103–332, 104–

10 134, 104–208, 105–83, 105–277, 106–113, 106–291, 

11 107–63, and 108–7 for payments to tribes and tribal orga12 nizations for contract support costs associated with self13 determination or self-governance contracts, grants, com14 pacts, or annual funding agreements with the Bureau of 

15 Indian Affairs or the Indian Health Service as funded by 

16 such Acts, are the total amounts available for fiscal years 

17 1994 through 2003 for such purposes, except that, for the 

18 Bureau of Indian Affairs, tribes and tribal organizations 

19 may use their tribal priority allocations for unmet indirect 

20 costs of ongoing contracts, grants, self-governance com21 pacts or annual funding agreements. 

22 SEC. 309. Of the funds provided to the National En23 dowment for the Arts—

24 (1) The Chairperson shall only award a grant 

25 to an individual if such grant is awarded to such in-
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1 dividual for a literature fellowship, National Herit2 age Fellowship, or American Jazz Masters Fellow3 ship. 

4 (2) The Chairperson shall establish procedures 

5 to ensure that no funding provided through a grant, 

6 except a grant made to a State or local arts agency, 

7 or regional group, may be used to make a grant to 

8 any other organization or individual to conduct ac9 tivity independent of the direct grant recipient. 

10 Nothing in this subsection shall prohibit payments 

11 made in exchange for goods and services. 

12 (3) No grant shall be used for seasonal support 

13 to a group, unless the application is specific to the 

14 contents of the season, including identified programs 

15 and/or projects. 

16 SEC. 310. The National Endowment for the Arts and 

17 the National Endowment for the Humanities are author18 ized to solicit, accept, receive, and invest in the name of 

19 the United States, gifts, bequests, or devises of money and 

20 other property or services and to use such in furtherance 

21 of the functions of the National Endowment for the Arts 

22 and the National Endowment for the Humanities. Any 

23 proceeds from such gifts, bequests, or devises, after ac24 ceptance by the National Endowment for the Arts or the 

25 National Endowment for the Humanities, shall be paid by 
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1 the donor or the representative of the donor to the Chair2 man. The Chairman shall enter the proceeds in a special 

3 interest-bearing account to the credit of the appropriate 

4 endowment for the purposes specified in each case. 

5 SEC. 311. (a) In providing services or awarding fi6 nancial assistance under the National Foundation on the 

7 Arts and the Humanities Act of 1965 from funds appro8 priated under this Act, the Chairperson of the National 

9 Endowment for the Arts shall ensure that priority is given 

10 to providing services or awarding financial assistance for 

11 projects, productions, workshops, or programs that serve 

12 underserved populations. 

13 (b) In this section: 

14 (1) The term ‘‘underserved population’’ means 

15 a population of individuals, including urban minori16 ties, who have historically been outside the purview 

17 of arts and humanities programs due to factors such 

18 as a high incidence of income below the poverty line 

19 or to geographic isolation. 

20 (2) The term ‘‘poverty line’’ means the poverty 

21 line (as defined by the Office of Management and 

22 Budget, and revised annually in accordance with sec23 tion 673(2) of the Community Services Block Grant 

24 Act (42 U.S.C. 9902(2)) (applicable to a family of 

25 the size involved. 
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1 (c) In providing services and awarding financial as2 sistance under the National Foundation on the Arts and 

3 Humanities Act of 1965 with funds appropriated by this 

4 Act, the Chairperson of the National Endowment for the 

5 Arts shall ensure that priority is given to providing serv6 ices or awarding financial assistance for projects, produc7 tions, workshops, or programs that will encourage public 

8 knowledge, education, understanding, and appreciation of 

9 the arts. 

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

11 section 5 of the National Foundation on the Arts and Hu12 manities Act of 1965—

13 (1) the Chairperson shall establish a grant cat14 egory for projects, productions, workshops, or pro15 grams that are of national impact or availability or 

16 are able to tour several States; 

17 (2) the Chairperson shall not make grants ex18 ceeding 15 percent, in the aggregate, of such funds 

19 to any single State, excluding grants made under the 

20 authority of paragraph (1); 

21 (3) the Chairperson shall report to the Con22 gress annually and by State, on grants awarded by 

23 the Chairperson in each grant category under sec24 tion 5 of such Act; and 
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1 (4) the Chairperson shall encourage the use of 

2 grants to improve and support community-based 

3 music performance and education. 

4 SEC. 312. No part of any appropriation contained in 

5 this Act shall be expended or obligated to complete and 

6 issue the 5-year program under the Forest and Rangeland 

7 Renewable Resources Planning Act. 

8 SEC. 313. None of the funds in this Act may be used 

9 to support Government-wide administrative functions un10 less such functions are justified in the budget process and 

11 funding is approved by the House and Senate Committees 

12 on Appropriations. 

13 SEC. 314. Notwithstanding any other provision of 

14 law, none of the funds in this Act may be used for GSA 

15 Telecommunication Centers. 

16 SEC. 315. Notwithstanding any other provision of 

17 law, for fiscal year 2004 the Secretaries of Agriculture and 

18 the Interior are authorized to limit competition for water19 shed restoration project contracts as part of the ‘‘Jobs in 

20 the Woods’’ Program established in Region 10 of the For21 est Service to individuals and entities in historically tim22 ber-dependent areas in the States of Washington, Oregon, 

23 northern California, Idaho, Montana, and Alaska that 

24 have been affected by reduced timber harvesting on Fed25 eral lands. The Secretaries shall consider the benefits to 
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1 the local economy in evaluating bids and designing pro2 curements which create economic opportunities for local 

3 contractors. 

4 SEC. 316. Amounts deposited during fiscal year 2003 

5 in the roads and trails fund provided for in the 14th para6 graph under the heading ‘‘FOREST SERVICE’’ of the 

7 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall 

8 be used by the Secretary of Agriculture, without regard 

9 to the State in which the amounts were derived, to repair 

10 or reconstruct roads, bridges, and trails on National For11 est System lands or to carry out and administer projects 

12 to improve forest health conditions, which may include the 

13 repair or reconstruction of roads, bridges, and trails on 

14 National Forest System lands in the wildland-community 

15 interface where there is an abnormally high risk of fire. 

16 The projects shall emphasize reducing risks to human 

17 safety and public health and property and enhancing eco18 logical functions, long-term forest productivity, and bio19 logical integrity. The projects may be completed in a sub20 sequent fiscal year. Funds shall not be expended under 

21 this section to replace funds which would otherwise appro22 priately be expended from the timber salvage sale fund. 

23 Nothing in this section shall be construed to exempt any 

24 project from any environmental law. 
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1 SEC. 317. Other than in emergency situations, none 

2 of the funds in this Act may be used to operate telephone 

3 answering machines during core business hours unless 

4 such answering machines include an option that enables 

5 callers to reach promptly an individual on-duty with the 

6 agency being contacted. 

7 SEC. 318. No timber sale in Region 10 shall be adver8 tised if the indicated rate is deficit when appraised using 

9 a residual value approach that assigns domestic Alaska 

10 values for western redcedar. Program accomplishments 

11 shall be based on volume sold. Should Region 10 sell, in 

12 fiscal year 2004, the annual average portion of the decadal 

13 allowable sale quantity called for in the current Tongass 

14 Land Management Plan in sales which are not deficit 

15 when appraised using a residual value approach that as16 signs domestic Alaska values for western redcedar, all of 

17 the western redcedar timber from those sales which is sur18 plus to the needs of domestic processors in Alaska, shall 

19 be made available to domestic processors in the contiguous 

20 48 United States at prevailing domestic prices. Should Re21 gion 10 sell, in fiscal year 2003, less than the annual aver22 age portion of the decadal allowable sale quantity called 

23 for in the Tongass Land Management Plan in sales which 

24 are not deficit when appraised using a residual value ap25 proach that assigns domestic Alaska values for western 
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1 redcedar, the volume of western redcedar timber available 

2 to domestic processors at prevailing domestic prices in the 

3 contiguous 48 United States shall be that volume: (i) 

4 which is surplus to the needs of domestic processors in 

5 Alaska, and (ii) is that percent of the surplus western 

6 redcedar volume determined by calculating the ratio of the 

7 total timber volume which has been sold on the Tongass 

8 to the annual average portion of the decadal allowable sale 

9 quantity called for in the current Tongass Land Manage10 ment Plan. The percentage shall be calculated by Region 

11 10 on a rolling basis as each sale is sold (for purposes 

12 of this amendment, a ‘‘rolling basis’’ shall mean that the 

13 determination of how much western redcedar is eligible for 

14 sale to various markets shall be made at the time each 

15 sale is awarded). Western redcedar shall be deemed ‘‘sur16 plus to the needs of domestic processors in Alaska’’ when 

17 the timber sale holder has presented to the Forest Service 

18 documentation of the inability to sell western redcedar logs 

19 from a given sale to domestic Alaska processors at a price 

20 equal to or greater than the log selling value stated in 

21 the contract. All additional western redcedar volume not 

22 sold to Alaska or contiguous 48 United States domestic 

23 processors may be exported to foreign markets at the elec24 tion of the timber sale holder. All Alaska yellow cedar may 
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1 be sold at prevailing export prices at the election of the 

2 timber sale holder. 

3 SEC. 319. A project undertaken by the Forest Service 

4 under the Recreation Fee Demonstration Program as au5 thorized by section 315 of the Department of the Interior 

6 and Related Agencies Appropriations Act for Fiscal Year 

7 1996, as amended, shall not result in—

8 (1) displacement of the holder of an authoriza9 tion to provide commercial recreation services on 

10 Federal lands. Prior to initiating any project, the 

11 Secretary shall consult with potentially affected 

12 holders to determine what impacts the project may 

13 have on the holders. Any modifications to the au14 thorization shall be made within the terms and con15 ditions of the authorization and authorities of the 

16 impacted agency; 

17 (2) the return of a commercial recreation serv18 ice to the Secretary for operation when such services 

19 have been provided in the past by a private sector 

20 provider, except when—

21 (A) the private sector provider fails to 

22 bid on such opportunities; 

23 (B) the private sector provider termi24 nates its relationship with the agency; or 
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1 (C) the agency revokes the permit for 

2 non-compliance with the terms and conditions 

3 of the authorization. 

4 In such cases, the agency may use the Recreation Fee 

5 Demonstration Program to provide for operations until a 

6 subsequent operator can be found through the offering of 

7 a new prospectus. 

8 SEC. 320. Prior to October 1, 2004, the Secretary 

9 of Agriculture shall not be considered to be in violation 

10 of subparagraph 6(f)(5)(A) of the Forest and Rangeland 

11 Renewable Resources Planning Act of 1974 (16 U.S.C. 

12 1604(f)(5)(A)) solely because more than 15 years have 

13 passed without revision of the plan for a unit of the Na14 tional Forest System. Nothing in this section exempts the 

15 Secretary from any other requirement of the Forest and 

16 Rangeland Renewable Resources Planning Act (16 U.S.C. 

17 1600 et seq.) or any other law: Provided, That if the Sec18 retary is not acting expeditiously and in good faith, within 

19 the funding available, to revise a plan for a unit of the 

20 National Forest System, this section shall be void with re21 spect to such plan and a court of proper jurisdiction may 

22 order completion of the plan on an accelerated basis. 

23 SEC. 321. No funds provided in this Act may be ex24 pended to conduct preleasing, leasing and related activities 

25 under either the Mineral Leasing Act (30 U.S.C. 181 et 
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1 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

2 1331 et seq.) within the boundaries of a National Monu3 ment established pursuant to the Act of June 8, 1906 (16 

4 U.S.C. 431 et seq.) as such boundary existed on January 

5 20, 2001, except where such activities are allowed under 

6 the Presidential proclamation establishing such monu7 ment. 

8 SEC. 322. EXTENSION OF FOREST SERVICE CONVEY9 ANCES PILOT PROGRAM.—Section 329 of the Department 

10 of the Interior and Related Agencies Appropriations Act, 

11 2002 (16 U.S.C. 580d note; Public Law 107–63) is 

12 amended—

13 (1) in subsection (b), by striking ‘‘20’’ and in14 serting ‘‘30’’; 

15 (2) in subsection (c) by striking ‘‘3’’ and insert16 ing ‘‘8’’; and 

17 (3) in subsection (d), by striking ‘‘2006’’ and 

18 inserting ‘‘2007’’. 

19 SEC. 323. Employees of the foundations established 

20 by Acts of Congress to solicit private sector funds on be21 half of Federal land management agencies shall, in fiscal 

22 year 2004 and thereafter, qualify for General Service Ad23 ministration contract airfares. 

24 SEC. 324. In entering into agreements with foreign 

25 countries pursuant to the Wildfire Suppression Assistance 
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1 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

2 the Secretary of the Interior are authorized to enter into 

3 reciprocal agreements in which the individuals furnished 

4 under said agreements to provide fire management serv5 ices are considered, for purposes of tort liability, employ6 ees of the country receiving said services when the individ7 uals are engaged in fire management activities: Provided,

8 That the Secretary of Agriculture or the Secretary of the 

9 Interior shall not enter into any agreement under this pro10 vision unless the foreign country (either directly or 

11 through its fire organization) agrees to assume any and 

12 all liability for the acts or omissions of American fire13 fighters engaged in firefighting in a foreign country: Pro14 vided further, That when an agreement is reached for fur15 nishing fire fighting services, the only remedies for acts 

16 or omissions committed while fighting fires shall be those 

17 provided under the laws of the host country, and those 

18 remedies shall be the exclusive remedies for any claim aris19 ing out of fighting fires in a foreign country: Provided fur20 ther, That neither the sending country nor any legal orga21 nization associated with the firefighter shall be subject to 

22 any legal action whatsoever pertaining to or arising out 

23 of the firefighter’s role in fire suppression. 

24 SEC. 325. A grazing permit or lease issued by the 

25 Secretary of the Interior or a grazing permit issued by 
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1 the Secretary of Agriculture where National Forest Sys2 tem lands are involved that expires, is transferred, or 

3 waived during fiscal year 2004 shall be renewed under sec4 tion 402 of the Federal Land Policy and Management Act 

5 of 1976, as amended (43 U.S.C. 1752), section 19 of the 

6 Granger-Thye Act, as amended (16 U.S.C. 580l), title III 

7 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 

8 et seq.), or, if applicable, section 510 of the California 

9 Desert Protection Act (16 U.S.C. 410aaa–50). The terms 

10 and conditions contained in the expired, transferred, or 

11 waived permit or lease shall continue in effect under the 

12 renewed permit or lease until such time as the Secretary 

13 of the Interior or Secretary of Agriculture as appropriate 

14 completes processing of such permit or lease in compliance 

15 with all applicable laws and regulations, at which time 

16 such permit or lease may be canceled, suspended or modi17 fied, in whole or in part, to meet the requirements of such 

18 applicable laws and regulations. Nothing in this section 

19 shall be deemed to alter the statutory authority of the Sec20 retary of the Interior or the Secretary of Agriculture: Pro21 vided, That where National Forest System lands are in22 volved and the Secretary of Agriculture has renewed an 

23 expired or waived grazing permit prior to or during fiscal 

24 year 2004, the terms and conditions of the renewed graz25 ing permit shall remain in effect until such time as the 
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1 Secretary of Agriculture completes processing of the re2 newed permit in compliance with all applicable laws and 

3 regulations or until the expiration of the renewed permit, 

4 whichever comes first. Upon completion of the processing, 

5 the permit may be canceled, suspended or modified, in 

6 whole or in part, to meet the requirements of applicable 

7 laws and regulations. Nothing in this section shall be 

8 deemed to alter the Secretary of Agriculture’s statutory 

9 authority. 

10 SEC. 326. Notwithstanding any other provision of law 

11 or regulation, to promote the more efficient use of the 

12 health care funding allocation for fiscal year 2004, the 

13 Eagle Butte Service Unit of the Indian Health Service, 

14 at the request of the Cheyenne River Sioux Tribe, may 

15 pay base salary rates to health professionals up to the 

16 highest grade and step available to a physician, phar17 macist, or other health professional and may pay a recruit18 ment or retention bonus of up to 25 percent above the 

19 base pay rate. 

20 SEC. 327. None of the funds made available in this 

21 Act may be transferred to any department, agency, or in22 strumentality of the United States Government except 

23 pursuant to a transfer made by, or transfer authority pro24 vided in, this Act or any other appropriations Act. 
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1 SEC. 328. PROHIBITION OF OIL AND GAS DRILLING

2 IN THE FINGER LAKES NATIONAL FOREST, NEW

3 YORK.—None of the funds in this Act may be used to 

4 prepare or issue a permit or lease for oil or gas drilling 

5 in the Finger Lakes National Forest, New York, during 

6 fiscal year 2004. 

7 SEC. 329. None of the funds made available in this 

8 Act may be used for the planning, design, or construction 

9 of improvements to Pennsylvania Avenue in front of the 

10 White House without the advance approval of the Commit11 tees on Appropriations. 

12 SEC. 330. In awarding a Federal Contract with funds 

13 made available by this Act, the Secretary of Agriculture 

14 and the Secretary of the Interior (the ‘‘Secretaries’’) may, 

15 in evaluating bids and proposals, give consideration to 

16 local contractors who are from, and who provide employ17 ment and training for, dislocated and displaced workers 

18 in an economically disadvantaged rural community, in19 cluding those historically timber-dependent areas that 

20 have been affected by reduced timber harvesting on Fed21 eral lands and other forest-dependent rural communities 

22 isolated from significant alternative employment opportu23 nities: Provided, That the Secretaries may award grants 

24 or cooperative agreements to local non-profit entities, 

25 Youth Conservation Corps or related partnerships with 
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1 State, local or non-profit youth groups, or small or dis2 advantaged business if the contract, grant, or cooperative 

3 agreement is for forest hazardous fuels reduction, water4 shed or water quality monitoring or restoration, wildlife 

5 or fish population monitoring, or habitat restoration or 

6 management: Provided further, That the terms ‘‘rural 

7 community’’ and ‘‘economically disadvantaged’’ shall have 

8 the same meanings as in section 2374 of Public Law 101–

9 624: Provided further, That the Secretaries shall develop 

10 guidance to implement this section: Provided further, That 

11 nothing in this section shall be construed as relieving the 

12 Secretaries of any duty under applicable procurement 

13 laws, except as provided in this section. 

14 SEC. 331. No funds appropriated in this Act for the 

15 acquisition of lands or interests in lands may be expended 

16 for the filing of declarations of taking or complaints in 

17 condemnation without the approval of the House and Sen18 ate Committees on Appropriations: Provided, That this 

19 provision shall not apply to funds appropriated to imple20 ment the Everglades National Park Protection and Ex21 pansion Act of 1989, or to funds appropriated for federal 

22 assistance to the State of Florida to acquire lands for Ev23 erglades restoration purposes. 

24 SEC. 332. Section 315(f) of the Department of the 

25 Interior and Related Agencies Appropriations Act, 1996 
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1 (as contained in section 101(c) of Public Law 104–134; 

2 110 Stat. 1321–200; 16 U.S.C. 460l–6a note), is amend3 ed—

4 (1) by striking ‘‘2004’’ and inserting ‘‘2006’’; 

5 and 

6 (2) by striking ‘‘2007’’ and inserting ‘‘2009’’. 

7 SEC. 333. Subsection (c) of section 551 of the Land 

8 Between the Lakes Protection Act of 1998 (16 U.S.C. 

9 460lll–61) is amended to read as follows: 

10 ‘‘(c) USE OF FUNDS.—The Secretary of Agriculture 

11 may expend amounts appropriated or otherwise made 

12 available to carry out this title in a manner consistent with 

13 the authorities exercised by the Tennessee Valley Author14 ity before the transfer of the Recreation Area to the ad15 ministrative jurisdiction of the Secretary, including camp16 ground management and visitor services, paid advertise17 ment, and procurement of food and supplies for resale 

18 purposes.’’. 

19 SEC. 334. Section 339 of the Department of the Inte20 rior and Related Agencies Appropriations Act, 2000, as 

21 enacted into law by section 1000(a)(3) of Public Law 106–

22 113 (113 Stat. 1501A–204; 16 U.S.C. 528 note,), is 

23 amended—

24 (1) in subsection (b)—
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1 (A) in the first sentence, by striking ‘‘not 

2 less than the fair market value’’ and inserting 

3 ‘‘fees under subsection (c)’’; and 

4 (B) by striking the second sentence and in5 serting the following: ‘‘The Secretary shall es6 tablish appraisal methods and bidding proce7 dures to determine the fair market value of for8 est botanical products harvested under the pilot 

9 program.’’; 

10 (2) in subsection (c), by striking paragraph (1) 

11 and inserting the following new paragraph (1): 

12 ‘‘(1) IMPOSITION ANDCOLLECTION.—Under the 

13 pilot program, the Secretary of Agriculture shall 

14 charge and collect from a person who harvests forest 

15 botanical products on National Forest System lands 

16 a fee in an amount established by the Secretary to 

17 recover at least a portion of the fair market value 

18 of the harvested forest botanical products and a por19 tion of the costs incurred by the Department of Ag20 riculture associated with granting, modifying, or 

21 monitoring the authorization for harvest of the for22 est botanical products, including the costs of any en23 vironmental or other analysis.’’; 
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1 (3) in subsection (d)(1), by striking ‘‘charges 

2 and fees under subsections (b) and’’ and inserting 

3 ‘‘a fee under subsection’’; 

4 (4) in subsection (f)—

5 (A) in paragraph (1), by striking ‘‘sub6 sections (b) and’’ and inserting ‘‘subsection’’; 

7 (B) in paragraph (2), by striking ‘‘in ex8 cess of the amounts collected for forest botan9 ical products during fiscal year 1999’’; 

10 (C) in paragraph (3), by striking ‘‘charges 

11 and fees collected at that unit under the pilot 

12 program to pay for’’ and all that follows 

13 through the period at the end and inserting 

14 ‘‘fees collected at that unit under subsection (c) 

15 to pay for the costs of conducting inventories of 

16 forest botanical products, determining sustain17 able levels of harvest, monitoring and assessing 

18 the impacts of harvest levels and methods, con19 ducting restoration activities, including any nec20 essary vegetation, and covering costs of the De21 partment of Agriculture described in subsection 

22 (c)(1).’’; and 

23 (D) in paragraph (4), by striking ‘‘sub24 sections (b) and’’ and inserting ‘‘subsection’’; 

25 (5) in subsection (g)—
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1 (A) by striking ‘‘charges and fees under 

2 subsections (b) and’’ and inserting ‘‘fees under 

3 subsection’’; and 

4 (B) by striking ‘‘subsections (b) and’’ the 

5 second place it appears and inserting ‘‘sub6 section’’; and 

7 (6) in subsection (h), by striking paragraph (1) 

8 and inserting the following new paragraph (1): 

9 ‘‘(1) COLLECTION OF FEES.—The Secretary of 

10 Agriculture may collect fees under the authority of 

11 subsection (c) until September 30, 2009.’’. 

12 SEC. 335. None of the funds in this Act can be used 

13 to initiate any new competitive sourcing studies. 

14 This Act may be cited as the ‘‘Department of the In15 terior and Related Agencies Appropriations Act, 2004’’. 
Union Calendar No. 100

108TH CONGRESS 

2D SESSION H. R. 2691

[Report No. 108–195] 

A BILL

Making appropriations for the Department of the 

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

JULY 10, 2003

Committed to the Committee of the Whole House on 

the State of the Union and ordered to be printed