H. R. 2691

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

Making appropriations for the Department of the Interior and related agencies

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

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the Department of the Interior

and related agencies for the fiscal year ending September 30, 2004,

and for other purposes, namely:

TITLE I—DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For necessary expenses for protection, use, improvement,

development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance

of other functions, including maintenance of facilities, as authorized

by law, in the management of lands and their resources under

the jurisdiction of the Bureau of Land Management, including the

general administration of the Bureau, and assessment of mineral

potential of public lands pursuant to Public Law 96–487 (16 U.S.C.

3150(a)), $850,321,000, to remain available until expended, of which

$1,000,000 is for high priority projects, to be carried out by the

Youth Conservation Corps; $2,484,000 is for assessment of the

mineral potential of public lands in Alaska pursuant to section

1010 of Public Law 96–487; (16 U.S.C. 3150); and of which not

to exceed $1,000,000 shall be derived from the special receipt

account established by the Land and Water Conservation Act of

1965, as amended (16 U.S.C. 460l–6a(i)); and of which $3,000,000

shall be available in fiscal year 2004 subject to a match by at

least an equal amount by the National Fish and Wildlife Foundation

for cost-shared projects supporting conservation of Bureau lands;

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

sum grant without regard to when expenses are incurred; in addition, $32,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee

program; to remain available until expended, to be reduced by

amounts collected by the Bureau and credited to this appropriation

from annual mining claim fees so as to result in a final appropriation estimated at not more than $850,321,000; and $2,000,000,

to remain available until expended, from communication site rental
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fees established by the Bureau for the cost of administering communication site activities: Provided, That appropriations herein made

shall not be available for the destruction of healthy, unadopted,

wild horses and burros in the care of the Bureau or its contractors.

WILDLAND FIRE MANAGEMENT

For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department

of the Interior, $792,725,000, to remain available until expended,

of which not to exceed $12,374,000 shall be for the renovation

or construction of fire facilities: Provided, That such funds are

also available for repayment of advances to other appropriation

accounts from which funds were previously transferred for such

purposes: Provided further, That persons hired pursuant to 43

U.S.C. 1469 may be furnished subsistence and lodging without

cost from funds available from this appropriation: Provided further,

That notwithstanding 42 U.S.C. 1856d, sums received by a bureau

or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United

States property, may be credited to the appropriation from which

funds were expended to provide that protection, and are available

without fiscal year limitation: Provided further, That of the funds

provided, $99,000,000 is to repay prior year advances from other

appropriations from which funds were transferred for wildfire

suppression and emergency rehabilitation activities: Provided further, That this additional amount is designated by the Congress

as an emergency requirement pursuant to section 502 of H. Con.

Res. 95 (108th Congress), the concurrent resolution on the budget

for fiscal year 2004: Provided further, That using the amounts

designated under this title of this Act, the Secretary of the Interior

may enter into procurement contracts, grants, or cooperative agreements, for hazardous fuels reduction activities, and for training

and monitoring associated with such hazardous fuels reduction

activities, on Federal land, or on adjacent non-Federal land for

activities that benefit resources on Federal land: Provided further,

That the costs of implementing any cooperative agreement between

the Federal Government and any non-Federal entity may be shared,

as mutually agreed on by the affected parties: Provided further,

That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of hazardous fuels reduction activities, may obtain maximum practicable competition among:

(A) local private, nonprofit, or cooperative entities; (B) Youth Conservation Corps crews or related partnerships with state, local,

or non-profit youth groups; (C) small or micro-businesses; or (D)

other entities that will hire or train locally a significant percentage,

defined as 50 percent or more, of the project workforce to complete

such contracts: Provided further, That in implementing this section,

the Secretary shall develop written guidance to field units to ensure

accountability and consistent application of the authorities provided

herein: Provided further, That funds appropriated under this head

may be used to reimburse the United States Fish and Wildlife

Service and the National Marine Fisheries Service for the costs

of carrying out their responsibilities under the Endangered Species

Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference,

as required by section 7 of such Act in connection with wildland
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fire management activities: Provided further, That the Secretary

of the Interior may use wildland fire appropriations to enter into

non-competitive sole source leases of real property with local governments, at or below fair market value, to construct capitalized

improvements for fire facilities on such leased properties, including

but not limited to fire guard stations, retardant stations, and other

initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated

with the lease: Provided further, That the Secretary of the Interior

and the Secretary of Agriculture may authorize the transfer of

funds appropriated for wildland fire management, in an aggregate

amount not to exceed $12,000,000, between the Departments when

such transfers would facilitate and expedite jointly funded wildland

fire management programs and projects: Provided further, That

funds provided for wildfire suppression shall be available for support

of Federal emergency response actions.

CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and

any of its component offices and bureaus for the remedial action,

including associated activities, of hazardous waste substances,

pollutants, or contaminants pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act, as

amended (42 U.S.C. 9601 et seq.), $9,978,000, to remain available

until expended: Provided, That notwithstanding 31 U.S.C. 3302,

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

reimbursement for remedial action or response activities conducted

by the Department pursuant to section 107 or 113(f) of such Act,

shall be credited to this account, to be available until expended

without further appropriation: Provided further, That such sums

recovered from or paid by any party are not limited to monetary

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

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

of by the Secretary and which shall be credited to this account.

CONSTRUCTION

For construction of buildings, recreation facilities, roads, trails,

and appurtenant facilities, $13,976,000, to remain available until

expended.

LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and

318(d) of Public Law 94–579, including administrative expenses

and acquisition of lands or waters, or interests therein, $18,600,000,

to be derived from the Land and Water Conservation Fund and

to remain available until expended.

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and

development of resources and for construction, operation, and

maintenance of access roads, reforestation, and other improvements

on the revested Oregon and California Railroad grant lands, on

other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of
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lands or interests therein, including existing connecting roads on

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

until expended: Provided, That 25 percent of the aggregate of all

receipts during the current fiscal year from the revested Oregon

and California Railroad grant lands is hereby made a charge against

the Oregon and California land-grant fund and shall be transferred

to the General Fund in the Treasury in accordance with the second

paragraph of subsection (b) of title II of the Act of August 28,

1937 (50 Stat. 876).

FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND

(REVOLVING FUND, SPECIAL ACCOUNT)

In addition to the purposes authorized in Public Law 102–

381, funds made available in the Forest Ecosystem Health and

Recovery Fund can be used for the purpose of planning, preparing,

implementing and monitoring salvage timber sales and forest ecosystem health and recovery activities, such as release from competing vegetation and density control treatments. The Federal share

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

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

1 et seq., and Public Law 106–393) derived from treatments funded

by this account shall be deposited into the Forest Ecosystem Health

and Recovery Fund.

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and

interests therein, and improvement of Federal rangelands pursuant

to section 401 of the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums

equal to 50 percent of all moneys received during the prior fiscal

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

315 et seq.) and the amount designated for range improvements

from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant

to law, but not less than $10,000,000, to remain available until

expended: Provided, That not to exceed $600,000 shall be available

for administrative expenses.

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

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

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

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

authorizations, and for rehabilitation of damaged property, such

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

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

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

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

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

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

authority of this Act by the Secretary to improve, protect, or
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rehabilitate any public lands administered through the Bureau

of Land Management which have been damaged by the action

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

person, without regard to whether all moneys collected from each

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

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

excess of amounts needed to repair damage to the exact land

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

public lands.

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under

existing laws, there is hereby appropriated such amounts as may

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

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

administrative costs, surveys, appraisals, and costs of making

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

to remain available until expended.

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be

available for purchase, erection, and dismantlement of temporary

structures, and alteration and maintenance of necessary buildings

and appurtenant facilities to which the United States has title;

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

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

enforcement activities authorized or approved by the Secretary and

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

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

under cooperative cost-sharing and partnership arrangements

authorized by law, procure printing services from cooperators in

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

the Bureau determines the cooperator is capable of meeting accepted

quality standards: Provided further, That section 28 of title 30,

United States Code, is amended: (1) in section 28f(a), by striking

‘‘for years 2002 through 2003’’ and inserting in lieu thereof ‘‘for

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

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

September 30, 2008’’.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife

Service, as authorized by law, and for scientific and economic

studies, maintenance of the herd of long-horned cattle on the

Wichita Mountains Wildlife Refuge, general administration, and

for the performance of other authorized functions related to such

resources by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, $963,352,000, to remain available until September 30, 2005,

except as otherwise provided herein: Provided, That not less than
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$2,000,000 shall be provided to local governments in southern California for planning associated with the Natural Communities Conservation Planning (NCCP) program and shall remain available

until expended: Provided further, That $2,000,000 is for high priority projects, which shall be carried out by the Youth Conservation

Corps: Provided further, That not to exceed $12,286,000 shall be

used for implementing subsections (a), (b), (c), and (e) of section

4 of the Endangered Species Act, as amended, for species that

are indigenous to the United States (except for processing petitions,

developing and issuing proposed and final regulations, and taking

any other steps to implement actions described in subsection

(c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed

$8,900,000 shall be used for any activity regarding the designation

of critical habitat, pursuant to subsection (a)(3), excluding litigation

support, for species already listed pursuant to subsection (a)(1)

as of the date of enactment this Act: Provided further, That of

the amount available for law enforcement, up to $400,000 to remain

available until expended, may at the discretion of the Secretary

be used for payment for information, rewards, or evidence concerning violations of laws administered by the Service, and miscellaneous and emergency expenses of enforcement activity, authorized

or approved by the Secretary and to be accounted for solely on

her certificate: Provided further, That of the amount provided for

environmental contaminants, up to $1,000,000 may remain available until expended for contaminant sample analyses.

CONSTRUCTION

For construction, improvement, acquisition, or removal of

buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein;

$60,554,000, to remain available until expended.

LAND ACQUISITION

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through

11), including administrative expenses, and for acquisition of land

or waters, or interest therein, in accordance with statutory authority

applicable to the United States Fish and Wildlife Service,

$43,628,000, to be derived from the Land and Water Conservation

Fund and to remain available until expended: Provided, That none

of the funds appropriated for specific land acquisition projects can

be used to pay for any administrative overhead, planning or other

management costs.

LANDOWNER INCENTIVE PROGRAM

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through

11), including administrative expenses, and for private conservation

efforts to be carried out on private lands, $30,000,000, to be derived

from the Land and Water Conservation Fund, and to remain available until expended: Provided, That the amount provided herein

is for a Landowner Incentive Program established by the Secretary

that provides matching, competitively awarded grants to States,

the District of Columbia, Tribes, Puerto Rico, Guam, the United
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States Virgin Islands, the Northern Mariana Islands, and American

Samoa, to establish or supplement existing landowner incentive

programs that provide technical and financial assistance, including

habitat protection and restoration, to private landowners for the

protection and management of habitat to benefit federally listed,

proposed, candidate, or other at-risk species on private lands.

STEWARDSHIP GRANTS

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through

11), including administrative expenses, and for private conservation

efforts to be carried out on private lands, $7,500,000, to be derived

from the Land and Water Conservation Fund, and to remain available until expended: Provided, That the amount provided herein

is for a Stewardship Grants Program established by the Secretary

to provide grants and other assistance to individuals and groups

engaged in private conservation efforts that benefit federally listed,

proposed, candidate, or other at-risk species.

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out section 6 of the Endangered

Species Act of 1973 (16 U.S.C. 1531–1543), as amended,

$82,614,000, of which $32,614,000 is to be derived from the Cooperative Endangered Species Conservation Fund and $50,000,000 is

to be derived from the Land and Water Conservation Fund and

to remain available until expended.

NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17,

1978 (16 U.S.C. 715s), $14,414,000.

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North

American Wetlands Conservation Act, Public Law 101–233, as

amended, $38,000,000, to remain available until expended.

NEOTROPICAL MIGRATORY BIRD CONSERVATION

For financial assistance for projects to promote the conservation

of neotropical migratory birds in accordance with the Neotropical

Migratory Bird Conservation Act, Public Law 106–247 (16 U.S.C.

6101–6109), $4,000,000, to remain available until expended.

MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–

4245, and 1538), the Asian Elephant Conservation Act of 1997

(Public Law 105–96; 16 U.S.C. 4261–4266), the Rhinoceros and

Tiger Conservation Act of 1994 (16 U.S.C. 5301–5306), and the

Great Ape Conservation Act of 2000 (16 U.S.C. 6301), $5,600,000,

to remain available until expended.
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STATE AND TRIBAL WILDLIFE GRANTS

For wildlife conservation grants to States and to the District

of Columbia, Puerto Rico, Guam, the United States Virgin Islands,

the Northern Mariana Islands, American Samoa, and federally recognized Indian tribes under the provisions of the Fish and Wildlife

Act of 1956 and the Fish and Wildlife Coordination Act, for the

development and implementation of programs for the benefit of

wildlife and their habitat, including species that are not hunted

or fished, $70,000,000 to be derived from the Land and Water

Conservation Fund, and to remain available until expended: Provided, That of the amount provided herein, $6,000,000 is for a

competitive grant program for Indian tribes not subject to the

remaining provisions of this appropriation: Provided further, That

the Secretary shall, after deducting said $6,000,000 and administrative expenses, apportion the amount provided herein in the following

manner: (A) to the District of Columbia and to the Commonwealth

of Puerto Rico, each a sum equal to not more than one-half of

1 percent thereof; and (B) to Guam, American Samoa, the United

States Virgin Islands, and the Commonwealth of the Northern

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

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

apportion the remaining amount in the following manner: (A) onethird of which is based on the ratio to which the land area of

such State bears to the total land area of all such States; and

(B) two-thirds of which is based on the ratio to which the population

of such State bears to the total population of all such States:

Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available

for apportionment under this paragraph for any fiscal year or

more than 5 percent of such amount: Provided further, That the

Federal share of planning grants shall not exceed 75 percent of

the total costs of such projects and the Federal share of implementation grants shall not exceed 50 percent of the total costs of such

projects: Provided further, That the non-Federal share of such

projects may not be derived from Federal grant programs: Provided

further, That no State, territory, or other jurisdiction shall receive

a grant unless it has developed, or committed to develop by October

1, 2005, a comprehensive wildlife conservation plan, consistent with

criteria established by the Secretary of the Interior, that considers

the broad range of the State, territory, or other jurisdiction’s wildlife

and associated habitats, with appropriate priority placed on those

species with the greatest conservation need and taking into consideration the relative level of funding available for the conservation

of those species: Provided further, That any amount apportioned

in 2004 to any State, territory, or other jurisdiction that remains

unobligated as of September 30, 2005, shall be reapportioned,

together with funds appropriated in 2006, in the manner provided

herein: Provided further, That balances from amounts previously

appropriated under the heading ‘‘State Wildlife Grants’’ shall be

transferred to and merged with this appropriation and shall remain

available until expended.

ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish

and Wildlife Service shall be available for purchase of not to exceed
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157 passenger motor vehicles, of which 142 are for replacement

only (including 33 for police-type use); repair of damage to public

roads within and adjacent to reservation areas caused by operations

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

$1 for each option; facilities incident to such public recreational

uses on conservation areas as are consistent with their primary

purpose; and the maintenance and improvement of aquaria,

buildings, and other facilities under the jurisdiction of the Service

and to which the United States has title, and which are used

pursuant to law in connection with management, and investigation

of fish and wildlife resources: Provided, That notwithstanding 44

U.S.C. 501, the Service may, under cooperative cost sharing and

partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost

of printing either in cash or services and the Service determines

the cooperator is capable of meeting accepted quality standards:

Provided further, That the Service may accept donated aircraft

as replacements for existing aircraft: Provided further, That notwithstanding any other provision of law, the Secretary of the

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

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

establishment of any new unit of the National Wildlife Refuge

System unless the purchase is approved in advance by the House

and Senate Committees on Appropriations in compliance with the

reprogramming procedures contained in the statement of the managers accompanying this Act.

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and

maintenance of areas and facilities administered by the National

Park Service (including special road maintenance service to trucking

permittees on a reimbursable basis), and for the general administration of the National Park Service, $1,629,641,000, of which

$10,887,000 is for planning and interagency coordination in support

of Everglades restoration and shall remain available until expended;

of which $96,480,000, to remain available until September 30, 2005,

is for maintenance, repair or rehabilitation projects for constructed

assets, operation of the National Park Service automated facility

management software system, and comprehensive facility condition

assessments; and of which $2,000,000 is for the Youth Conservation

Corps for high priority projects: Provided, That the only funds

in this account which may be made available to support United

States Park Police are those funds approved for emergency law

and order incidents pursuant to established National Park Service

procedures, those funds needed to maintain and repair United

States Park Police administrative facilities, and those funds necessary to reimburse the United States Park Police account for

the unbudgeted overtime and travel costs associated with special

events for an amount not to exceed $10,000 per event subject

to the review and concurrence of the Washington headquarters

office: Provided further, That notwithstanding sections 5(b)(7)(c)

and 7(a)(2) of Public Law 105–58, the National Park Service may

in fiscal year 2004 provide funding for uniformed personnel for
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visitor protection and interpretation of the outdoor symbolic site

at the Oklahoma City Memorial without reimbursement or a

requirement to match these funds with non-Federal funds.

UNITED STATES PARK POLICE

For expenses necessary to carry out the programs of the United

States Park Police, $78,859,000.

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs,

environmental compliance and review, international park affairs,

statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $62,544,000, of which $1,600,000

shall be available until expended for the Oklahoma City National

Memorial Trust, notwithstanding the provisions contained in sections 7(a)(1) and (2) of Public Law 105–58.

URBAN PARK AND RECREATION FUND

For expenses necessary to carry out the provisions of the Urban

Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et

seq.), $305,000, to remain available until expended.

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and the Omnibus

Parks and Public Lands Management Act of 1996 (Public Law

104–333), $74,500,000, to be derived from the Historic Preservation

Fund, to remain available until September 30, 2005: Provided,

That, of the amount provided herein, $500,000, to remain available

until expended, is for a grant for the perpetual care and maintenance of National Trust Historic Sites, as authorized under 16

U.S.C. 470a(e)(2), to be made available in full upon signing of

a grant agreement: Provided further, That, notwithstanding any

other provision of law, these funds shall be available for investment

with the proceeds to be used for the same purpose as set out

herein: Provided further, That of the total amount provided,

$33,000,000 shall be for Save America’s Treasures for priority

preservation projects, of nationally significant sites, structures, and

artifacts: Provided further, That any individual Save America’s

Treasures grant shall be matched by non-Federal funds: Provided

further, That individual projects shall only be eligible for one grant,

and all projects to be funded shall be approved by the House

and Senate Committees on Appropriations and the Secretary of

the Interior in consultation with the President’s Committee on

the Arts and Humanities prior to the commitment of grant funds:

Provided further, That Save America’s Treasures funds allocated

for Federal projects, following approval, shall be available by

transfer to appropriate accounts of individual agencies.

CONSTRUCTION

For construction, improvements, repair or replacement of physical facilities, including the modifications authorized by section
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104 of the Everglades National Park Protection and Expansion

Act of 1989, $333,995,000, to remain available until expended,

of which $300,000 for the L.Q.C. Lamar House National Historic

Landmark and $375,000 for the Sun Watch National Historic Landmark shall be derived from the Historic Preservation Fund pursuant

to 16 U.S.C. 470a: Provided, That none of the funds in this or

any other Act may be used to pay the salaries and expenses of

more than 160 Full Time Equivalent personnel working for the

National Park Service’s Denver Service Center funded under the

construction program management and operations activity: Provided further, That none of the funds provided in this or any

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

facility (including visitor centers, curatorial facilities, administrative

buildings), for which appropriations have not been specifically provided if the net construction cost of such facility is in excess of

$5,000,000, without prior approval of the House and Senate

Committees on Appropriations: Provided further, That the restriction in the previous proviso applies to all funds available to the

National Park Service, including partnership and fee demonstration

projects: Provided further, That none of the funds provided in this

or any other Act may be used for planning, design, or construction

of any underground security screening or visitor contact facility

at the Washington Monument until such facility has been approved

in writing by the House and Senate Committees on Appropriations:

Provided further, That funds appropriated in this Act and in any

prior Acts for the purpose of implementing the Modified Water

Deliveries to Everglades National Park Project shall be available

for expenditure unless the joint report of the Secretary of the

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

Environmental Protection Agency, and the Attorney General which

shall be filed within 90 days of enactment of this Act and by

September 30 each year thereafter until December 31, 2006, to

the House and Senate Committees on Appropriations, the House

Committee on Transportation and Infrastructure, the House Committee on Resources and the Senate Committee on Environment

and Public Works, indicates that the water entering A.R.M.

Loxahatchee National Wildlife Refuge and Everglades National

Park does not meet applicable State water quality standards and

numeric criteria adopted for phosphorus throughout A.R.M.

Loxahatchee National Wildlife Refuge and Everglades National

Park, as well as water quality requirements set forth in the Consent

Decree entered in United States v. South Florida Water Management District, and that the House and Senate Committees on

Appropriations respond in writing disapproving the further expenditure of funds: Provided further, That not to exceed $800,000 of

the funds provided for Dayton Aviation Heritage National Historical

Park may be provided as grants to cooperating entities for projects

to enhance public access to the park.

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The contract authority provided for fiscal year 2004 by 16

U.S.C. 460l–10a is rescinded.
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LAND ACQUISITION AND STATE ASSISTANCE

(INCLUDING TRANSFERS OF FUNDS)

For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11),

including administrative expenses, and for acquisition of lands or

waters, or interest therein, in accordance with the statutory

authority applicable to the National Park Service, $142,350,000,

to be derived from the Land and Water Conservation Fund and

to remain available until expended, of which $95,000,000 is for

the State assistance program including $2,500,000 to administer

this program: Provided, That none of the funds provided for the

State assistance program may be used to establish a contingency

fund: Provided further, That notwithstanding any other provision

of law, the Secretary of the Interior, using prior year unobligated

funds made available under any Act enacted before the date of

enactment of this Act for land acquisition assistance to the State

of Florida for the acquisition of lands or water, or interests therein,

within the Everglades watershed, shall transfer $5,000,000 to the

United States Fish and Wildlife Service ‘‘Resource Management’’

account for the purpose of funding water quality monitoring and

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

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

in the South Florida ecosystem, and may transfer such sums as

may be determined necessary by the Secretary of the Interior to

the United States Army Corps of Engineers ‘‘Construction, General’’

account for the purpose of modifying the construction of Storm

Water Treatment Area 1 East to include additional water quality

improvement measures, such as additional compartmentalization,

improved flow control, vegetation management, and other additional

technologies based upon the recommendations of the Secretary of

the Interior and the South Florida Water Management District,

to maximize the treatment effectiveness of Storm Water Treatment

Area 1 East so that water delivered by Storm Water Treatment

Area 1 East to A.R.M. Loxahatchee National Wildlife Refuge

achieves State water quality standards, including the numeric criterion for phosphorus, and that the cost sharing provisions of section

528 of the Water Resources Development Act of 1996 (110 Stat.

3769) shall apply to any funds provided by the Secretary of the

Interior to the United States Army Corps of Engineers for this

purpose: Provided further, That, subsequent to the transfer of the

$5,000,000 to the United States Fish and Wildlife Service and

the transfer of funds, if any, to the United States Army Corps

of Engineers to carry out water quality improvement measures

for Storm Water Treatment Area 1 East, if any funds remain

to be expended after the requirements of these provisions have

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

appropriate, and use the remaining funds for Everglades restoration

activities benefiting the lands and resources managed by the

Department of the Interior in South Florida, subject to the approval

by the House and Senate Committees on Appropriations of a reprogramming request by the Secretary detailing how the remaining

funds will be expended for this purpose.
H. R. 2691—13

ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available

for the purchase of not to exceed 249 passenger motor vehicles,

of which 202 shall be for replacement only, including not to exceed

193 for police-type use, 10 buses, and 8 ambulances: Provided,

That none of the funds appropriated to the National Park Service

may be used to process any grant or contract documents which

do not include the text of 18 U.S.C. 1913: Provided further, That

none of the funds appropriated to the National Park Service may

be used to implement an agreement for the redevelopment of the

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

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

either House of Congress is not in session because of adjournment

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

by the Speaker of the House of Representatives and the President

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

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

further, That the National Park Service may make a grant of not to exceed $70,000 for the construction of a memorial in Cadillac,

Michigan in honor of Kris Eggle.

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

Park Service for activities taken in direct response to the United

Nations Biodiversity Convention.

The National Park Service may distribute to operating units

based on the safety record of each unit the costs of programs

designed to improve workplace and employee safety, and to encourage employees receiving workers’ compensation benefits pursuant

to chapter 81 of title 5, United States Code, to return to appropriate

positions for which they are medically able.

Notwithstanding any other provision of law, in fiscal year 2004,

with respect to the administration of the National Park Service

park pass program by the National Park Foundation, the Secretary

may obligate to the Foundation administrative funds expected to

be received in that fiscal year before the revenues are collected,

so long as total obligations in the administrative account do not

exceed total revenue collected and deposited in that account by

the end of the fiscal year.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey

to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water

resources of the United States, its territories and possessions, and

other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify

lands as to their mineral and water resources; give engineering

supervision to power permittees and Federal Energy Regulatory

Commission licensees; administer the minerals exploration program

(30 U.S.C. 641); and publish and disseminate data relative to the

foregoing activities; and to conduct inquiries into the economic

conditions affecting mining and materials processing industries (30

U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes

as authorized by law and to publish and disseminate data;
H. R. 2691—14

$949,686,000, of which $64,536,000 shall be available only for

cooperation with States or municipalities for water resources investigations; and of which $16,201,000 shall remain available until

expended for conducting inquiries into the economic conditions

affecting mining and materials processing industries; and of which

$8,000,000 shall remain available until expended for satellite operations; and of which $24,390,000 shall be available until September

30, 2005, for the operation and maintenance of facilities and

deferred maintenance; and of which $176,099,000 shall be available

until September 30, 2005, for the biological research activity and

the operation of the Cooperative Research Units: Provided, That

none of these funds provided for the biological research activity

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

specifically authorized in writing by the property owner: Provided

further, That no part of this appropriation shall be used to pay

more than one-half the cost of topographic mapping or water

resources data collection and investigations carried on in cooperation with States and municipalities.

ADMINISTRATIVE PROVISIONS

The amount appropriated for the United States Geological

Survey shall be available for the purchase of not to exceed 53

passenger motor vehicles, of which 48 are for replacement only;

reimbursement to the General Services Administration for security

guard services; contracting for the furnishing of topographic maps

and for the making of geophysical or other specialized surveys

when it is administratively determined that such procedures are

in the public interest; construction and maintenance of necessary

buildings and appurtenant facilities; acquisition of lands for gauging

stations and observation wells; expenses of the United States

National Committee on Geology; and payment of compensation

and expenses of persons on the rolls of the Survey duly appointed

to represent the United States in the negotiation and administration

of interstate compacts: Provided, That activities funded by appropriations herein made may be accomplished through the use of

contracts, grants, or cooperative agreements as defined in 31 U.S.C.

6302 et seq.: Provided further, That notwithstanding the provisions

of the Federal Grant and Cooperative Agreement Act of 1977 (31

U.S.C. 6301–6308), the United States Geological Survey is authorized to continue existing, and hereafter, to enter into new cooperative agreements directed towards a particular cooperator, in support

of joint research and data collection activities with Federal, State,

and academic partners funded by appropriations herein, including

those that provide for space in cooperator facilities.

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental

studies, regulation of industry operations, and collection of royalties,

as authorized by law; for enforcing laws and regulations applicable

to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements;

including the purchase of not to exceed eight passenger motor

vehicles for replacement only, $165,316,000, of which $80,396,000

shall be available for royalty management activities; and an amount
H. R. 2691—15

not to exceed $100,230,000, to be credited to this appropriation

and to remain available until expended, from additions to receipts

resulting from increases to rates in effect on August 5, 1993, from

rate increases to fee collections for Outer Continental Shelf administrative activities performed by the Minerals Management Service

(MMS) over and above the rates in effect on September 30, 1993,

and from additional fees for Outer Continental Shelf administrative

activities established after September 30, 1993: Provided, That

to the extent $100,230,000 in additions to receipts are not realized

from the sources of receipts stated above, the amount needed to

reach $100,230,000 shall be credited to this appropriation from

receipts resulting from rental rates for Outer Continental Shelf

leases in effect before August 5, 1993: Provided further, That

$3,000,000 for computer acquisitions shall remain available until

September 30, 2005: Provided further, That funds appropriated

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

accordance with 30 U.S.C. 1721(b) and (d): Provided further, That

not to exceed $3,000 shall be available for reasonable expenses

related to promoting volunteer beach and marine cleanup activities:

Provided further, That notwithstanding any other provision of law, $15,000 under this heading shall be available for refunds of overpayments in connection with certain Indian leases in which the Director

of MMS concurred with the claimed refund due, to pay amounts

owed to Indian allottees or tribes, or to correct prior unrecoverable

erroneous payments: Provided further, That MMS may under the

royalty-in-kind pilot program, or under its authority to transfer

oil to the Strategic Petroleum Reserve, use a portion of the revenues

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

to pay for transportation to wholesale market centers or upstream

pooling points, and to process or otherwise dispose of royalty production taken in kind, and to recover MMS transportation costs, salaries, and other administrative costs directly related to filling the

Strategic Petroleum Reserve: Provided further, That MMS shall

analyze and document the expected return in advance of any royalty-in-kind sales to assure to the maximum extent practicable

that royalty income under the pilot program is equal to or greater

than royalty income recognized under a comparable royalty-in-value

program.

OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title

IV, sections 4202 and 4303, title VII, and title VIII, section 8201

of the Oil Pollution Act of 1990, $7,105,000, which shall be derived

from the Oil Spill Liability Trust Fund, to remain available until

expended.

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law

95–87, as amended, including the purchase of not to exceed 10 passenger motor vehicles, for replacement only; $106,424,000: Provided, That the Secretary of the Interior, pursuant to regulations,

may use directly or through grants to States, moneys collected

in fiscal year 2004 for civil penalties assessed under section 518
H. R. 2691—16

of the Surface Mining Control and Reclamation Act of 1977 (30

U.S.C. 1268), to reclaim lands adversely affected by coal mining

practices after August 3, 1977, to remain available until expended:

Provided further, That appropriations for the Office of Surface

Mining Reclamation and Enforcement may provide for the travel

and per diem expenses of State and tribal personnel attending

Office of Surface Mining Reclamation and Enforcement sponsored

training.

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface

Mining Control and Reclamation Act of 1977, Public Law 95–87,

as amended, including the purchase of not more than 10 passenger

motor vehicles for replacement only, $192,969,000, to be derived

from receipts of the Abandoned Mine Reclamation Fund and to

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

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

be for supplemental grants to States for the reclamation of abandoned sites with acid mine rock drainage from coal mines, and

for associated activities, through the Appalachian Clean Streams

Initiative: Provided, That grants to minimum program States will be $1,500,000 per State in fiscal year 2004: Provided further, That

pursuant to Public Law 97–365, the Department of the Interior

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

delinquent debt owed to the United States Government to pay

for contracts to collect these debts: Provided further, That funds

made available under title IV of Public Law 95–87 may be used

for any required non-Federal share of the cost of projects funded

by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage

from abandoned mines: Provided further, That such projects must

be consistent with the purposes and priorities of the Surface Mining

Control and Reclamation Act: Provided further, That the State

of Maryland may set aside the greater of $1,000,000 or 10 percent

of the total of the grants made available to the State under title

IV of the Surface Mining Control and Reclamation Act of 1977,

as amended (30 U.S.C. 1231 et seq.), if the amount set aside

is deposited in an acid mine drainage abatement and treatment

fund established under a State law, pursuant to which law the

amount (together with all interest earned on the amount) is

expended by the State to undertake acid mine drainage abatement

and treatment projects, except that before any amounts greater

than 10 percent of its title IV grants are deposited in an acid

mine drainage abatement and treatment fund, the State of Maryland must first complete all Surface Mining Control and Reclamation Act priority one projects.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For expenses necessary for the operation of Indian programs,

as authorized by law, including the Snyder Act of November 2,

1921 (25 U.S.C. 13), the Indian Self-Determination and Education

Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the

Education Amendments of 1978 (25 U.S.C. 2001–2019), and the

Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
H. R. 2691—17

as amended, $1,916,317,000, to remain available until September

30, 2005 except as otherwise provided herein, of which not to

exceed $86,925,000 shall be for welfare assistance payments and

notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended,

not to exceed $135,315,000 shall be available for payments to tribes

and tribal organizations for contract support costs associated with

ongoing contracts, grants, compacts, or annual funding agreements

entered into with the Bureau prior to or during fiscal year 2004,

as authorized by such Act, except that tribes and tribal organizations may use their tribal priority allocations for unmet indirect

costs of ongoing contracts, grants, or compacts, or annual funding

agreements and for unmet welfare assistance costs; and of which

not to exceed $458,524,000 for school operations costs of Bureaufunded schools and other education programs shall become available

on July 1, 2004, and shall remain available until September 30,

2005; and of which not to exceed $55,766,000 shall remain available

until expended for housing improvement, road maintenance,

attorney fees, litigation support, the Indian Self-Determination

Fund, land records improvement, and the Navajo-Hopi Settlement

Program: Provided, That notwithstanding any other provision of

law, including but not limited to the Indian Self-Determination

Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed

$49,182,000 within and only from such amounts made available

for school operations shall be available to tribes and tribal organizations for administrative cost grants associated with ongoing grants

entered into with the Bureau prior to or during fiscal year 2003

for the operation of Bureau-funded schools, and up to $3,000,000

within and only from such amounts made available for school

operations shall be available for the transitional costs of initial

administrative cost grants to tribes and tribal organizations that

enter into grants for the operation on or after July 1, 2004 of

Bureau-operated schools: Provided further, That any forestry funds

allocated to a tribe which remain unobligated as of September

30, 2005, may be transferred during fiscal year 2006 to an Indian

forest land assistance account established for the benefit of such

tribe within the tribe’s trust fund account: Provided further, That

any such unobligated balances not so transferred shall expire on

September 30, 2006.

CONSTRUCTION

For construction, repair, improvement, and maintenance of

irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract;

acquisition of lands, and interests in lands; and preparation of

lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $351,154,000, to remain

available until expended: Provided, That such amounts as may

be available for the construction of the Navajo Indian Irrigation

Project may be transferred to the Bureau of Reclamation: Provided

further, That not to exceed 6 percent of contract authority available

to the Bureau of Indian Affairs from the Federal Highway Trust

Fund may be used to cover the road program management costs

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

Safety of Dams program pursuant to 25 U.S.C. 13 shall be made

available on a nonreimbursable basis: Provided further, That for
H. R. 2691—18

fiscal year 2004, in implementing new construction or facilities

improvement and repair project grants in excess of $100,000 that

are provided to tribally controlled grant schools under Public Law

100–297, as amended, the Secretary of the Interior shall use the

Administrative and Audit Requirements and Cost Principles for

Assistance Programs contained in 43 CFR part 12 as the regulatory

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

shall negotiate and determine a schedule of payments for the work

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

the Secretary shall consider whether the Indian tribe or tribal

organization would be deficient in assuring that the construction

projects conform to applicable building standards and codes and

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

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

management capabilities: Provided further, That if the Secretary

declines an application, the Secretary shall follow the requirements

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

between the Secretary and any grantee concerning a grant shall

be subject to the disputes provision in 25 U.S.C. 2507(e).

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

(INCLUDING TRANSFER OF FUNDS)

For miscellaneous payments to Indian tribes and individuals

and for necessary administrative expenses, $60,551,000, to remain

available until expended; of which $31,766,000 shall be available

for implementation of enacted Indian land and water claim settlements pursuant to Public Laws 101–618, 107–331, and 102–575,

and for implementation of other enacted water rights settlements;

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

Laws 99–264, 100–580, 106–425, and 106–554; and of which

$9,968,000 shall be available for payment to the Quinault Indian

Nation pursuant to the terms of the North Boundary Settlement

Agreement dated July 14, 2000, providing for the acquisition of

perpetual conservation easements from the Nation: Provided, That

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

be derived from amounts provided under the heading ‘‘United States

Fish and Wildlife Service, Land Acquisition’’ in Public Law 108–

7.

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed and insured loans, $5,797,000, as

authorized by the Indian Financing Act of 1974, as amended: Provided, That such costs, including the cost of modifying such loans,

shall be as defined in section 502 of the Congressional Budget

Act of 1974: Provided further, That these funds are available to

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

not to exceed $94,568,000.

In addition, for administrative expenses to carry out the

guaranteed and insured loan programs, $700,000.
H. R. 2691—19

ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation

of Indian programs by direct expenditure, contracts, cooperative

agreements, compacts and grants, either directly or in cooperation

with States and other organizations.

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

may contract for services in support of the management, operation,

and maintenance of the Power Division of the San Carlos Irrigation

Project.

Appropriations for the Bureau of Indian Affairs (except the

revolving fund for loans, the Indian loan guarantee and insurance

fund, and the Indian Guaranteed Loan Program account) shall

be available for expenses of exhibits, and purchase of not to exceed

229 passenger motor vehicles, of which not to exceed 187 shall

be for replacement only.

Notwithstanding any other provision of law, no funds available

to the Bureau of Indian Affairs for central office operations or

pooled overhead general administration (except facilities operations

and maintenance) shall be available for tribal contracts, grants,

compacts, or cooperative agreements with the Bureau of Indian

Affairs under the provisions of the Indian Self-Determination Act

or the Tribal Self-Governance Act of 1994 (Public Law 103–413).

In the event any tribe returns appropriations made available

by this Act to the Bureau of Indian Affairs for distribution to

other tribes, this action shall not diminish the Federal Government’s

trust responsibility to that tribe, or the government-to-government

relationship between the United States and that tribe, or that

tribe’s ability to access future appropriations.

Notwithstanding any other provision of law, no funds available

to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available

to support the operation of any elementary or secondary school

in the State of Alaska.

Appropriations made available in this or any other Act for

schools funded by the Bureau shall be available only to the schools

in the Bureau school system as of September 1, 1996. No funds

available to the Bureau shall be used to support expanded grades

for any school or dormitory beyond the grade structure in place

or approved by the Secretary of the Interior at each school in

the Bureau school system as of October 1, 1995. Funds made

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

school at a Bureau-funded school (as that term is defined in section

1146 of the Education Amendments of 1978 (25 U.S.C. 2026)),

except that a charter school that is in existence on the date of

the enactment of this Act and that has operated at a Bureaufunded school before September 1, 1999, may continue to operate

during that period, but only if the charter school pays to the

Bureau a pro rata share of funds to reimburse the Bureau for

the use of the real and personal property (including buses and

vans), the funds of the charter school are kept separate and apart

from Bureau funds, and the Bureau does not assume any obligation

for charter school programs of the State in which the school is

located if the charter school loses such funding. Employees of

Bureau-funded schools sharing a campus with a charter school

and performing functions related to the charter school’s operation

and employees of a charter school shall not be treated as Federal
H. R. 2691—20

employees for purposes of chapter 171 of title 28, United States

Code.

DEPARTMENTAL OFFICES

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior, $76,343,000, of which:

(1) $70,022,000 shall be available until expended for technical

assistance, including maintenance assistance, disaster assistance,

insular management controls, coral reef initiative activities, and

brown tree snake control and research; grants to the judiciary

in American Samoa for compensation and expenses, as authorized

by law (48 U.S.C. 1661(c)); grants to the Government of American

Samoa, in addition to current local revenues, for construction and

support of governmental functions; grants to the Government of

the Virgin Islands as authorized by law; grants to the Government

of Guam, as authorized by law; and grants to the Government

of the Northern Mariana Islands as authorized by law (Public

Law 94–241; 90 Stat. 272); and (2) $6,321,000 shall be available

for salaries and expenses of the Office of Insular Affairs: Provided,

That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments,

may be audited by the General Accounting Office, at its discretion,

in accordance with chapter 35 of title 31, United States Code:

Provided further, That Northern Mariana Islands Covenant grant

funding shall be provided according to those terms of the Agreement

of the Special Representatives on Future United States Financial

Assistance for the Northern Mariana Islands approved by Public

Law 104–134: Provided further, That of the amounts provided for

technical assistance, sufficient funds shall be made available for

a grant to the Pacific Basin Development Council: Provided further,

That of the amounts provided for technical assistance, sufficient

funding shall be made available for a grant to the Close Up Foundation: Provided further, That the funds for the program of operations

and maintenance improvement are appropriated to institutionalize

routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to

timely maintenance of its capital assets: Provided further, That

any appropriation for disaster assistance under this heading in

this Act or previous appropriations Acts may be used as nonFederal matching funds for the purpose of hazard mitigation grants

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

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

COMPACT OF FREE ASSOCIATION

For grants and necessary expenses, $6,434,000, as provided

for in sections 221(a)(2), 221(b), and 233 of the Compact of Free

Association for the Republic of Palau as authorized by Public Law

99–658; section 103(f)(2) of title I of H.J. Res. 63 or S.J. Res.

16, (as introduced July 8, 2003, and July 14, 2003, respectively);

and section 221(a)(2) of the Compacts of Free Association and
H. R. 2691—21

their related agreements between the Government of the United

States and the Government of the Republic of the Marshall Islands

(signed April 30, 2003), and between the Government of the United

States and the Federated States of Micronesia (signed May 14,

2003); to remain available until expended. Further, $142,400,000

shall be available until expended, of which $76,700,000 shall be

provided for the Federated States of Micronesia and shall be used

for grants and necessary expenses as provided for (and in accordance with and subject to the terms, conditions, procedures, and

requirements set forth in) sections 211, 212, 213, 214, and 216

of the Compact of Free Association and its related agreements

between the Government of the United States and the Government

of the Federated States of Micronesia (signed May 14, 2003);

$50,700,000 shall be provided for the Republic of the Marshall

Islands and shall be used for grants and necessary expenses as

provided for (and in accordance with, and subject to the terms,

conditions, procedures, and requirements set forth in) sections 211,

212, 213, 214, 215, and 217 of the Compact of Free Association

and its related agreements between the Government of the United

States and the Government of the Republic of the Marshall Islands

(signed April 30, 2003); and $15,000,000 shall be made available

for the effect of U.S.-FSM Compact and U.S.-RMI Compact, in

accordance with, and subject to the terms, conditions, procedures,

and requirements set forth in section 104(e) of title I of H.J. Res.

63, or S.J. Res. 16 (as introduced July 8, 2003, and July 14,

2003, respectively). The funding made available in this paragraph

shall not be used to fund the Trust Funds of the Compacts of

Free Association, however measures necessary to set up the Trust

Funds in accordance with the agreement between the Government

of the United States and the Government of the Federated States

of Micronesia (signed May 14, 2003) and the agreement between

the Government of the United States and the Government of the

Republic of the Marshall Islands (signed April 30, 2003) implementing section 215 and section 216, respectively, of the Compacts

regarding a Trust Fund are authorized and may commence. If

the aforementioned H.J. Res. 63, S.J. Res. 16, or similar legislation

as identified in the President’s fiscal year 2004 budget to approve

the Compacts of Free Association (dated April 30, 2003, and May

14, 2003) and their related agreements is enacted, any funding

made available under this paragraph shall be considered to have

been made available and expended for and under that enacted

legislation purposes of funding for fiscal year 2004.

Section 231 of Public Law 99–239 is amended by striking ‘‘If these negotiations’’ and all that follows through the final period

and inserting the following: ‘‘The period for the enactment of legislation approving the agreements resulting from such negotiations

shall extend through the earlier of the date of the enactment

of such legislation or September 30, 2004, during which time the

provisions of this Compact, including title three, shall remain in

full force and effect.’’.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for management of the Department of the Interior, $78,933,000, of which not to exceed $8,500 may
H. R. 2691—22

be for official reception and representation expenses, and of which

up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with

the orderly closure of the United States Bureau of Mines: Provided,

That of this amount, sufficient funds shall be available for the

Secretary of the Interior, not later than 60 days after the last

day of the fiscal year, to submit to Congress a report on the

amount of acquisitions made by the Department of the Interior

during such fiscal year of articles, materials, or supplies that were

manufactured outside the United States. Such report shall separately indicate the dollar value of any articles, materials, or supplies

purchased by the Department of the Interior that were manufactured outside the United States, an itemized list of all waivers

under the Buy American Act (41 U.S.C. 10a et seq.) that were

granted with respect to such articles, materials, or supplies, and

a summary of total procurement funds spent on goods manufactured

in the United States versus funds spent on goods manufactured

outside of the United States. The Secretary of the Interior shall

make the report publicly available by posting the report on an

Internet website: Provided further, That none of the funds in this

or previous appropriations Acts may be used to establish any additional reserves in the Working Capital Fund account other than

the two authorized reserves without prior approval of the House

and Senate Committees on Appropriations.

Of the unobligated balances in the Special Foreign Currency

account, $1,400,000 are hereby canceled.

WORKING CAPITAL FUND

For the acquisition of a departmental financial and business

management system, $11,700,000, to remain available until

expended: Provided, That from unobligated balances under this

heading, $20,000,000 are hereby canceled.

PAYMENTS IN LIEU OF TAXES

For expenses necessary to implement the Act of October 20,

1976, as amended (31 U.S.C. 6901–6907), $227,500,000, of which

not to exceed $400,000 shall be available for administrative

expenses: Provided, That no payment shall be made to otherwise

eligible units of local government if the computed amount of the

payment is less than $100.

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor,

$50,374,000.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General, $38,749,000, of which $3,812,000 shall be for procurement by contract of independent auditing services to audit the consolidated

Department of the Interior annual financial statement and the
H. R. 2691—23

annual financial statement of the Department of the Interior

bureaus and offices funded in this Act.

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For the operation of trust programs for Indians by direct

expenditure, contracts, cooperative agreements, compacts, and

grants, $189,641,000, to remain available until expended: Provided,

That of the amounts available under this heading not to exceed

$45,000,000 shall be available for records collection and indexing,

imaging and coding, accounting for per capita and judgment

accounts, accounting for tribal accounts, reviewing and distributing

funds from special deposit accounts, and program management

of the Office of Historical Trust Accounting, including litigation

support: Provided further, That nothing in the American Indian

Trust Management Reform Act of 1994, Public Law 103–412, or

in any other statute, and no principle of common law, shall be

construed or applied to require the Department of the Interior

to commence or continue historical accounting activities with respect

to the Individual Indian Money Trust until the earlier of the following shall have occurred: (a) Congress shall have amended the

American Indian Trust Management Reform Act of 1994 to delineate the specific historical accounting obligations of the Department

of the Interior with respect to the Individual Indian Money Trust;

or (b) December 31, 2004: Provided further, That funds for trust

management improvements and litigation support may, as needed,

be transferred to or merged with the Bureau of Indian Affairs,

‘‘Operation of Indian Programs’’ account; the Office of the Solicitor,

‘‘Salaries and Expenses’’ account; and the Departmental Management, ‘‘Salaries and Expenses’’ account: Provided further, That

funds made available to Tribes and Tribal organizations through

contracts or grants obligated during fiscal year 2004, as authorized

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

seq.), shall remain available until expended by the contractor or

grantee: Provided further, That notwithstanding any other provision

of law, the statute of limitations shall not commence to run on

any claim, including any claim in litigation pending on the date

of the enactment of this Act, concerning losses to or mismanagement

of trust funds, until the affected tribe or individual Indian has

been furnished with an accounting of such funds from which the

beneficiary can determine whether there has been a loss: Provided

further, That notwithstanding any other provision of law, the Secretary shall not be required to provide a quarterly statement of

performance for any Indian trust account that has not had activity

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

further, That the Secretary shall issue an annual account statement

and maintain a record of any such accounts and shall permit

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

written request of the account holder: Provided further, That not

to exceed $50,000 is available for the Secretary to make payments

to correct administrative errors of either disbursements from or

deposits to Individual Indian Money or Tribal accounts after September 30, 2002: Provided further, That erroneous payments that

are recovered shall be credited to and remain available in this

account for this purpose.
H. R. 2691—24

INDIAN LAND CONSOLIDATION

For consolidation of fractional interests in Indian lands and

expenses associated with redetermining and redistributing

escheated interests in allotted lands, and for necessary expenses

to carry out the Indian Land Consolidation Act of 1983, as amended,

by direct expenditure or cooperative agreement, $21,980,000, to

remain available until expended: Provided, That funds provided

under this heading may be expended pursuant to the authorities

contained in the provisos under the heading ‘‘Office of Special

Trustee for American Indians, Indian Land Consolidation’’ of the

Interior and Related Agencies Appropriations Act, 2001 (Public

Law 106–291).

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry

out the provisions of the Comprehensive Environmental Response,

Compensation, and Liability Act, as amended (42 U.S.C. 9601 et

seq.), Federal Water Pollution Control Act, as amended (33 U.S.C.

1251 et seq.), the Oil Pollution Act of 1990 (Public Law 101–

380) (33 U.S.C. 2701 et seq.), and Public Law 101–337, as amended

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

expended.

ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition from available

resources within the Working Capital Fund, 15 aircraft, 10 of which

shall be for replacement and which may be obtained by donation,

purchase or through available excess surplus property: Provided,

That existing aircraft being replaced may be sold, with proceeds

derived or trade-in value used to offset the purchase price for

the replacement aircraft: Provided further, That no programs funded

with appropriated funds in the ‘‘Departmental Management’’,

‘‘Office of the Solicitor’’, and ‘‘Office of Inspector General’’ may

be augmented through the Working Capital Fund: Provided further,

That the annual budget justification for Departmental Management

shall describe estimated Working Capital Fund charges to bureaus

and offices, including the methodology on which charges are based:

Provided further, That departures from the Working Capital Fund

estimates contained in the Departmental Management budget justification shall be presented to the Committees on Appropriations

for approval: Provided further, That the Secretary shall provide

a semi-annual report to the Committees on Appropriations on

reimbursable support agreements between the Office of the Secretary and the National Business Center and the bureaus and

offices of the Department, including the amounts billed pursuant

to such agreements.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

for expenditure or transfer (within each bureau or office), with

the approval of the Secretary, for the emergency reconstruction,
H. R. 2691—25

replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or

other unavoidable causes: Provided, That no funds shall be made

available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have

been exhausted: Provided further, That all funds used pursuant

to this section are hereby designated by Congress to be ‘‘emergency

requirements’’ pursuant to section 502 of H. Con. Res. 95, the

concurrent resolution on the budget for fiscal year 2004, and must

be replenished by a supplemental appropriation which must be

requested as promptly as possible.

SEC. 102. The Secretary may authorize the expenditure or

transfer of any no year appropriation in this title, in addition

to the amounts included in the budget programs of the several

agencies, for the suppression or emergency prevention of wildland

fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burnedover lands under its jurisdiction; for emergency actions related

to potential or actual earthquakes, floods, volcanoes, storms, or

other unavoidable causes; for contingency planning subsequent to

actual oil spills; for response and natural resource damage assessment activities related to actual oil spills; for the prevention,

suppression, and control of actual or potential grasshopper and

Mormon cricket outbreaks on lands under the jurisdiction of the

Secretary, pursuant to the authority in section 1773(b) of Public

Law 99–198 (99 Stat. 1658); for emergency reclamation projects

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

any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit

assumption of regulatory authority in the event a primacy State

is not carrying out the regulatory provisions of the Surface Mining

Act: Provided, That appropriations made in this title for wildland

fire operations shall be available for the payment of obligations

incurred during the preceding fiscal year, and for reimbursement

to other Federal agencies for destruction of vehicles, aircraft, or

other equipment in connection with their use for wildland fire

operations, such reimbursement to be credited to appropriations

currently available at the time of receipt thereof: Provided further,

That for wildland fire operations, no funds shall be made available

under this authority until the Secretary determines that funds

appropriated for ‘‘wildland fire operations’’ shall be exhausted

within 30 days: Provided further, That all funds used pursuant

to this section are hereby designated by Congress to be ‘‘emergency

requirements’’ pursuant to section 502 of H. Con. Res. 95, the

concurrent resolution on the budget for fiscal year 2004, and must

be replenished by a supplemental appropriation which must be

requested as promptly as possible: Provided further, That such

replenishment funds shall be used to reimburse, on a pro rata

basis, accounts from which emergency funds were transferred.

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

for operation of warehouses, garages, shops, and similar facilities,

wherever consolidation of activities will contribute to efficiency or

economy, and said appropriations shall be reimbursed for services

rendered to any other activity in the same manner as authorized

by sections 1535 and 1536 of title 31, United States Code: Provided,

That reimbursements for costs and supplies, materials, equipment,
H. R. 2691—26

and for services rendered may be credited to the appropriation

current at the time such reimbursements are received.

SEC. 104. Appropriations made to the Department of the

Interior in this title shall be available for services as authorized

by 5 U.S.C. 3109, when authorized by the Secretary, in total amount

not to exceed $500,000; hire, maintenance, and operation of aircraft;

hire of passenger motor vehicles; purchase of reprints; payment

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment

of dues, when authorized by the Secretary, for library membership

in societies or associations which issue publications to members

only or at a price to members lower than to subscribers who

are not members.

SEC. 105. Appropriations available to the Department of the

Interior for salaries and expenses shall be available for uniforms

or allowances therefor, as authorized by law (5 U.S.C. 5901–5902

and D.C. Code 4–204).

SEC. 106. Annual appropriations made in this title shall be

available for obligation in connection with contracts issued for services or rentals for periods not in excess of 12 months beginning

at any time during the fiscal year.

SEC. 107. No funds provided in this title may be expended

by the Department of the Interior for the conduct of offshore

preleasing, leasing and related activities placed under restriction

in the President’s moratorium statement of June 12, 1998, in the

areas of northern, central, and southern California; the North

Atlantic; Washington and Oregon; and the eastern Gulf of Mexico

south of 26 degrees north latitude and east of 86 degrees west

longitude.

SEC. 108. No funds provided in this title may be expended

by the Department of the Interior to conduct offshore oil and natural

gas preleasing, leasing and related activities in the eastern Gulf

of Mexico planning area for any lands located outside Sale 181,

as identified in the final Outer Continental Shelf 5-Year Oil and

Gas Leasing Program, 1997–2002.

SEC. 109. No funds provided in this title may be expended

by the Department of the Interior to conduct oil and natural gas

preleasing, leasing and related activities in the Mid-Atlantic and

South Atlantic planning areas.

SEC. 110. Notwithstanding any other provisions of law, the

National Park Service shall not develop or implement a reduced

entrance fee program to accommodate non-local travel through a

unit. The Secretary may provide for and regulate local non-recreational passage through units of the National Park System,

allowing each unit to develop guidelines and permits for such

activity appropriate to that unit.

SEC. 111. Advance payments made under this title to Indian

tribes, tribal organizations, and tribal consortia pursuant to the

Indian Self-Determination and Education Assistance Act (25 U.S.C.

450 et seq.) or the Tribally Controlled Schools Act of 1988 (25

U.S.C. 2501 et seq.) may be invested by the Indian tribe, tribal

organization, or consortium before such funds are expended for

the purposes of the grant, compact, or annual funding agreement

so long as such funds are—

(1) invested by the Indian tribe, tribal organization, or

consortium only in obligations of the United States, or in obligations or securities that are guaranteed or insured by the United
H. R. 2691—27

States, or mutual (or other) funds registered with the Securities

and Exchange Commission and which only invest in obligations

of the United States or securities that are guaranteed or insured

by the United States; or

(2) deposited only into accounts that are insured by an

agency or instrumentality of the United States, or are fully

collateralized to ensure protection of the funds, even in the

event of a bank failure.

SEC. 112. Appropriations made in this Act under the headings

Bureau of Indian Affairs and Office of Special Trustee for American

Indians and any unobligated balances from prior appropriations

Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities,

except that total funding for historical accounting activities shall

not exceed amounts specifically designated in this Act for such

purpose.

SEC. 113. Notwithstanding any other provision of law, for the

purpose of reducing the backlog of Indian probate cases in the

Department of the Interior, the hearing requirements of chapter

10 of title 25, United States Code, are deemed satisfied by a proceeding conducted by an Indian probate judge, appointed by the

Secretary without regard to the provisions of title 5, United States

Code, governing the appointments in the competitive service, for

such period of time as the Secretary determines necessary: Provided,

That the basic pay of an Indian probate judge so appointed may

be fixed by the Secretary without regard to the provisions of chapter

51, and subchapter III of chapter 53 of title 5, United States

Code, governing the classification and pay of General Schedule

employees, except that no such Indian probate judge may be paid

at a level which exceeds the maximum rate payable for the highest

grade of the General Schedule, including locality pay.

SEC. 114. Notwithstanding any other provision of law, the

Secretary of the Interior is authorized to redistribute any Tribal

Priority Allocation funds, including tribal base funds, to alleviate

tribal funding inequities by transferring funds to address identified,

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

in Tribal Priority Allocation funds of more than 10 percent in

fiscal year 2004. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the

10 percent limitation does not apply.

SEC. 115. Funds appropriated for the Bureau of Indian Affairs

for postsecondary schools for fiscal year 2004 shall be allocated

among the schools proportionate to the unmet need of the schools

as determined by the Postsecondary Funding Formula adopted by

the Office of Indian Education Programs.

SEC. 116. (a) The Secretary of the Interior shall take such

action as may be necessary to ensure that the lands comprising

the Huron Cemetery in Kansas City, Kansas (as described in section

123 of Public Law 106–291) are used only in accordance with

this section.

(b) The lands of the Huron Cemetery shall be used only: (1)

for religious and cultural uses that are compatible with the use

of the lands as a cemetery; and (2) as a burial ground.

SEC. 117. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104–134, as amended by Public Law 104–
H. R. 2691—28

208, the Secretary may accept and retain land and other forms

of reimbursement: Provided, That the Secretary may retain and

use any such reimbursement until expended and without further

appropriation: (1) for the benefit of the National Wildlife Refuge

System within the State of Minnesota; and (2) for all activities

authorized by Public Law 100–696; 16 U.S.C. 460zz.

SEC. 118. Notwithstanding other provisions of law, the National

Park Service hereafter may authorize, through cooperative agreement, the Golden Gate National Parks Association to provide feebased education, interpretive and visitor service functions within

the Crissy Field and Fort Point areas of the Presidio.

SEC. 119. Notwithstanding 31 U.S.C. 3302(b), sums received

by the Bureau of Land Management for the sale of seeds or seedlings including those collected in fiscal year 2003, may be credited

to the appropriation from which funds were expended to acquire

or grow the seeds or seedlings and are available without fiscal

year limitation.

SEC. 120. Subject to the terms and conditions of section 126

of the Department of the Interior and Related Agencies Act, 2002,

the Administrator of General Services shall sell all right, title,

and interest of the United States in and to the improvements

and equipment of the White River Oil Shale Mine.

SEC. 121. The Secretary of the Interior may use or contract

for the use of helicopters or motor vehicles on the Sheldon and

Hart National Wildlife Refuges for the purpose of capturing and

transporting horses and burros. The provisions of subsection (a)

of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be

applicable to such use. Such use shall be in accordance with humane

procedures prescribed by the Secretary.

SEC. 122. Of the funds made available under the heading

‘‘Bureau of Land Management, Land Acquisition’’ in title I of the

Department of the Interior and Related Agencies Appropriation

Act, 2002 (115 Stat. 420), the Secretary of the Interior shall grant

$500,000 to the City of St. George, Utah, for the purchase of

the land as provided in the Virgin River Dinosaur Footprint Preserve Act (116 Stat. 2896), with any surplus funds available after

the purchase to be available for the purpose of the preservation

of the land and the paleontological resources on the land.

SEC. 123. Funds provided in this Act for Federal land acquisition by the National Park Service for Shenandoah Valley Battlefields National Historic District, New Jersey Pinelands Preserve,

and Ice Age National Scenic Trail may be used for a grant to

a State, a local government, or any other governmental land

management entity for the acquisition of lands without regard

to any restriction on the use of Federal land acquisition funds

provided through the Land and Water Conservation Fund Act of

1965 as amended.

SEC. 124. None of the funds made available by this Act may

be obligated or expended by the National Park Service to enter

into or implement a concession contract which permits or requires

the removal of the underground lunchroom at the Carlsbad Caverns

National Park.

SEC. 125. None of the funds made available in this Act may

be used: (1) to demolish the bridge between Jersey City, New

Jersey, and Ellis Island; or (2) to prevent pedestrian use of such

bridge, when such pedestrian use is consistent with generally

accepted safety standards.
H. R. 2691—29

SEC. 126. None of the funds made available in this or any

other Act for any fiscal year may be used to designate, or to

post any sign designating, any portion of Canaveral National Seashore in Brevard County, Florida, as a clothing-optional area or

as an area in which public nudity is permitted, if such designation

would be contrary to county ordinance.

SEC. 127. None of the funds in this or any other Act can

be used to compensate the Special Master and the Special MasterMonitor, and all variations thereto, appointed by the United States

District Court for the District of Columbia in the Cobell v. Norton

litigation at an annual rate that exceeds 200 percent of the highest

Senior Executive Service rate of pay for the Washington-Baltimore

locality pay area.

SEC. 128. The Secretary of the Interior may use discretionary

funds to pay private attorneys fees and costs for employees and

former employees of the Department of the Interior reasonably

incurred in connection with Cobell v. Norton to the extent that

such fees and costs are not paid by the Department of Justice

or by private insurance. In no case shall the Secretary make payments under this section that would result in payment of hourly

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

Court for the District of Columbia for counsel in Cobell v. Norton.

SEC. 129. The United States Fish and Wildlife Service shall,

in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking

of salmonid stocks, intended for harvest, that are released from

Federally operated or Federally financed hatcheries including but

not limited to fish releases of coho, chinook, and steelhead species.

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

by commercial and recreational fishers.

SEC. 130. Such sums as may be necessary from ‘‘Departmental

Management, Salaries and Expenses’’, may be transferred to

‘‘United States Fish and Wildlife Service, Resource Management’’

for operational needs at the Midway Atoll National Wildlife Refuge

airport.

SEC. 131. (a) IN GENERAL.—Nothing in section 134 of the

Department of the Interior and Related Agencies Appropriations

Act, 2002 (115 Stat. 443) affects the decision of the United States

Court of Appeals for the 10th Circuit in Sac and Fox Nation v.

Norton, 240 F.3d 1250 (2001).

(b) USE OF CERTAIN INDIAN LAND.—Nothing in this section

permits the conduct of gaming under the Indian Gaming Regulatory

Act (25 U.S.C. 2701 et seq.) on land described in section 123

of the Department of the Interior and Related Agencies Appropriations Act, 2001 (114 Stat. 944), or land that is contiguous to that

land, regardless of whether the land or contiguous land has been

taken into trust by the Secretary of the Interior.

SEC. 132. No funds appropriated for the Department of the

Interior by this Act or any other Act shall be used to study or

implement any plan to drain Lake Powell or to reduce the water

level of the lake below the range of water levels required for

the operation of the Glen Canyon Dam.

SEC. 133. Notwithstanding the limitation in subparagraph

(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25

U.S.C. 2717(a)), the total amount of all fees imposed by the National

Indian Gaming Commission for fiscal year 2005 shall not exceed

$12,000,000.
H. R. 2691—30

SEC. 134. The State of Utah’s contribution requirement pursuant to Public Law 105–363 shall be deemed to have been satisfied

and within thirty days of enactment of this Act, the Secretary

of the Interior shall transfer to the State of Utah all right, title,

and interest of the United States in and to the Wilcox Ranch

lands acquired under section 2(b) of Public Law 105–363, for

management by the Utah Division of Wildlife Resources for wildlife

habitat and public access to the Ranch as well as to adjacent

lands managed by the Bureau of Land Management.

SEC. 135. Upon enactment of this Act, the Congaree Swamp

National Monument shall be designated the Congaree National

Park.

SEC. 136. (a) Section 122 of division F of Public Law 108–

7 is amended as follows:

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

‘‘(4) TRIBALLY CONTROLLED SCHOOL.—The term ‘tribally

controlled school’ means a school that currently receives a

grant under the Tribally Controlled Schools Act of 1988, as

amended (25 U.S.C. 2501 et seq.) or is determined by the

Secretary to meet the eligibility criteria of section 5205 of

the Tribally Controlled Schools Act of 1988, as amended (25

U.S.C. 2504).’’.

(2) Paragraph 122(b)(1) is amended by striking the second

sentence and inserting: ‘‘The Secretary shall ensure that

applications for funding to replace schools currently receiving

funding for facility operation and maintenance from the Bureau

of Indian Affairs receive the highest priority for grants under

this section. Among such applications, the Secretary shall give

priority to applications of Indian tribes that agree to fund

all future facility operation and maintenance costs of the tribally controlled school funded under the demonstration program

from other than Federal funds.’’.

(3) Subsection (c) is amended by inserting after ‘‘EFFECT

OF GRANT.—’’ the following: ‘‘(1) Except as provided in paragraph (2) of this subsection,’’ and is further amended by adding

the following new paragraph:

‘‘(2) A tribe receiving a grant for construction of a tribally

controlled school under this section shall not be eligible to

receive funding from the Bureau of Indian Affairs for that

school for education operations or facility operation and maintenance if the school that was not at the time of the grant:

(i) a school receiving funding for education operations or facility

operation and maintenance under the Tribally Controlled

Schools Act or the Indian Self-Determination and Education

Assistance Act or (ii) a school operated by the Bureau of Indian

Affairs.’’.

(b) Notwithstanding the provisions of paragraph (b)(1) of section

122 of division F of Public Law 108–7, as amended by this Act,

the Saginaw-Chippewa tribal school and the Redwater Elementary

School shall receive priority for funding available in fiscal year

2004. The Saginaw-Chippewa tribal school shall receive $3,000,000

from prior year funds, and the Redwater Elementary School shall

receive $6,000,000 available in fiscal year 2004.

SEC. 137. The Secretary shall have no more than 180 days

from October 1, 2003, to prepare and submit to the Congress,

in a manner otherwise consistent with the Indian Tribal Judgment

Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), plans
H. R. 2691—31

for the use and distribution of the Mescalero Apache Tribe’s Judgment Funds from Docket 92–403L, the Pueblo of Isleta’s Judgment

Funds from Docket 98–166L, and the Assiniboine and Sioux Tribes

of the Fort Peck Reservation’s Judgment Funds in Docket No.

773–87–L of the United States Court of Federal Claims; each plan

shall become effective upon the expiration of a 60-day period beginning on the day each plan is submitted to the Congress.

SEC. 138. (a) SHORT TITLE.—This section may be cited as the

‘‘Eastern Band of Cherokee Indians Land Exchange Act of 2003’’.

(b) FINDINGS AND PURPOSES.—

(1) FINDINGS.—Congress finds the following:

(A) Since time immemorial, the ancestors of the

Eastern Band of Cherokee Indians have lived in the Great

Smoky Mountains of North Carolina. The Eastern Band’s

ancestral homeland includes substantial parts of seven

eastern States and the land that now constitutes the Great

Smoky Mountains National Park.

(B) The Eastern Band has proposed a land exchange

with the National Park Service and has spent over

$1,500,000 for studies to thoroughly inventory the environmental and cultural resources of the proposed land

exchange parcels.

(C) Such land exchange would benefit the American

public by enabling the National Park Service to acquire

the Yellow Face tract, comprising 218 acres of land adjacent

to the Blue Ridge Parkway.

(D) Acquisition of the Yellow Face tract for protection

by the National Park Service would serve the public

interest by preserving important views for Blue Ridge Parkway visitors, preserving habitat for endangered species and

threatened species including the northern flying squirrel

and the rock gnome lichen, preserving valuable high altitude wetland seeps, and preserving the property from rapidly advancing residential development.

(E) The proposed land exchange would also benefit

the Eastern Band by allowing it to acquire the Ravensford

tract, comprising 143 acres adjacent to the Tribe’s trust

territory in Cherokee, North Carolina, and currently within

the Great Smoky Mountains National Park and Blue Ridge

Parkway. The Ravensford tract is part of the Tribe’s ancestral homeland as evidenced by archaeological finds dating

back no less than 6,000 years.

(F) The Eastern Band has a critical need to replace

the current Cherokee Elementary School, which was built

by the Department of the Interior over 40 years ago with

a capacity of 480 students. The school now hosts 794 students in dilapidated buildings and mobile classrooms at

a dangerous highway intersection in downtown Cherokee,

North Carolina.

(G) The Eastern Band ultimately intends to build a

new three-school campus to serve as an environmental,

cultural, and educational ‘‘village,’’ where Cherokee language and culture can be taught alongside the standard

curriculum.
H. R. 2691—32

(H) The land exchange and construction of this educational village will benefit the American public by preserving Cherokee traditions and fostering a vibrant,

modern, and well-educated Indian nation.

(I) The land exchange will also reunify tribal reservation lands now separated between the Big Cove Community

and the balance of the Qualla Boundary, reestablishing

the territorial integrity of the Eastern Band.

(J) The Ravensford tract contains no threatened species

or endangered species listed pursuant to the Endangered

Species Act of 1973. The 218-acre Yellow Face tract has

a number of listed threatened species and endangered species and a higher appraised value than the 143-acre

Ravensford tract.

(K) The American public will benefit from the Eastern

Band’s commitment to mitigate any impacts on natural

and cultural resources on the Ravensford tract, by among

other things reducing the requested acreage from 168 to

143 acres.

(L) The Congress and the Department of the Interior

have approved land exchanges in the past when the benefits to the public and requesting party are clear, as they

are in this case.

(2) PURPOSES.—The purposes of this section are the following:

(A) To acquire the Yellow Face tract for protection

by the National Park Service, in order to preserve the

Waterrock Knob area’s spectacular views, endangered species and high altitude wetland seeps from encroachment

by housing development, for the benefit and enjoyment

of the American public.

(B) To transfer the Ravensford tract, to be held in

trust by the United States for the benefit of the Eastern

Band of Cherokee Indians, in order to provide for an education facility that promotes the cultural integrity of the

Eastern Band and to reunify two Cherokee communities

that were historically contiguous, while mitigating any

impacts on natural and cultural resources on the tract.

(C) To promote cooperative activities and partnerships

between the Eastern band and the National Park Service

within the Eastern Band’s ancestral homelands.

(c) LAND EXCHANGE.—

(1) IN GENERAL.—The Secretary of the Interior (‘‘Secretary’’)

shall exchange the Ravensford tract, currently in the Great

Smoky Mountains National Park and the Blue Ridge Parkway,

for the Yellow Face tract adjacent to the Waterrock Knob

Visitor Center on the Blue Ridge Parkway.

(2) TREATMENT OF EXCHANGED LANDS.—Effective upon

receipt by the Secretary of a deed or deeds satisfactory to

the Secretary for the lands comprising the Yellow Face tract

(as described in subsection (3)) to the United States, all right,

title, and interest of the United States in and to the Ravensford

tract (as described in subsection (4)), including all improvements and appurtenances, are declared to be held in trust

by the United States for the benefit of the Eastern Band of

Cherokee Indians as part of the Cherokee Indian Reservation.
H. R. 2691—33

(3) YELLOW FACE TRACT.—The Yellow Face tract shall contain Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face

Section, Qualla Township, Jackson County, North Carolina,

which consist altogether of approximately 218 acres and are

depicted as the ‘‘Yellow Face Tract’’ on the map entitled ‘‘Land

Exchange Between the National Park Service and the Eastern

Band of Cherokee Indians,’’ numbered 133/80020A, and dated

November 2002. The map shall be on file and available for

public inspection in the appropriate offices of the National

Park Service and the Bureau of Indian Affairs. Upon completion

of the land exchange, the Secretary shall adjust the boundary

of the Blue Ridge Parkway to include such lands and shall

manage the lands as part of the parkway.

(4) RAVENSFORD TRACT.—The lands declared by subsection

(2) to be held in trust for the Eastern Band of Cherokee Indians

shall consist of approximately 143 acres depicted as the

‘‘Ravensford Tract’’ on the map identified in subsection (3).

Upon completion of the land exchange, the Secretary shall

adjust the boundaries of Great Smoky Mountains National

Park and the Blue Ridge Parkway to exclude such lands.

(5) LEGAL DESCRIPTIONS.—Not later than 1 year after the

date of enactment of this section, the Secretary of the Interior

shall file a legal description of the areas described in subsections (3) and (4) with the Committee on Resources of the

House of Representatives and the Committee on Indian Affairs

and the Committee on Energy and Natural Resources of the

Senate. Such legal descriptions shall have the same force and

effect as if the information contained in the description were

included in those subsections except that the Secretary may

correct clerical and typographical errors in such legal descriptions. The legal descriptions shall be on file and available

for public inspection in the offices of the National Park Service

and the Bureau of Indian Affairs.

(d) IMPLEMENTATION PROCESS.—

(1) GOVERNMENT-TO-GOVERNMENT AGREEMENTS.—In order

to fulfill the purposes of this section and to establish cooperative

partnerships for purposes of this section the Director of the

National Park Service and the Eastern Band of Cherokee

Indians shall enter into government-to-government consultations and shall develop protocols to review planned construction

on the Ravensford tract. The Director of the National Park

Service is authorized to enter into cooperative agreements with

the Eastern Band for the purpose of providing training,

management, protection, preservation, and interpretation of the

natural and cultural resources on the Ravensford tract.

(2) CONSTRUCTION STANDARDS.—Recognizing the mutual

interests and responsibilities of the Eastern Band of Cherokee

Indians and the National Park Service for the conservation

and protection of the resources on the Ravensford tract, the

National Park Service and the Eastern Band shall develop

mutually agreed upon standards for size, impact, and design

of construction consistent with the purposes of this section

on the Ravensford tract. The standards shall be consistent

with the Eastern Band’s need to develop educational facilities

and support infrastructure adequate for current and future

generations and shall otherwise minimize or mitigate any

adverse impacts on natural or cultural resources. The standards
H. R. 2691—34

shall be based on recognized best practices for environmental

sustainability and shall be reviewed periodically and revised

as necessary. Development of the tract shall be limited to

a road and utility corridor, an educational campus, and the

infrastructure necessary to support such development. No new

structures shall be constructed on the part of the Ravensford

tract depicted as the ‘‘No New Construction’’ area on the map

referred to in subsection (c)(3), which is generally the area

north of the point where Big Cove Road crosses the Raven

Fork River. All development on the Ravensford tract shall

be conducted in a manner consistent with this section and

such development standards.

(e) GAMING PROHIBITION.—Gaming as defined and regulated

by the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)

shall be prohibited on the Ravensford tract.

SEC. 139. Notwithstanding any implementation of the Department of the Interior’s trust reorganization plan within fiscal years

2003 or 2004, funds appropriated for fiscal year 2004 shall be

available to the tribes within the California Tribal Trust Reform

Consortium and to the Salt River Pima Maricopa Indian Community, the Confederated Salish-Kootenai Tribes of the Flathead Reservation and the Chippewa Cree Tribe of the Rocky Boys Reservation on the same basis as funds were distributed in fiscal year

2003. This Demonstration Project shall operate separate and apart

from the Department of the Interior’s trust reform reorganization,

and the Department shall not impose its trust management infrastructure upon or alter the existing trust resource management

systems of the above referenced tribes having a self-governance

compact and operating in accordance with the Tribal Self-Governance Program set forth in 25 U.S.C. Sections 458aa–458hh: Provided, That the California Trust Reform Consortium and any other

participating tribe agree to carry out their responsibilites under

the same fiduciary standards as those to which the Secretary of

the Interior is held: Provided further, That they demonstrate to

the satisfaction of the Secretary that they have the capability to

do so.

SEC. 140. (a) SHORT TITLE.—This section may be cited as the

‘‘Blue Ridge National Heritage Area Act of 2003’’.

(b) FINDINGS AND PURPOSE.—

(1) FINDINGS.—Congress finds that:

(A) The Blue Ridge Mountains and the extensive cultural and natural resources of the Blue Ridge Mountains

have played a significant role in the history of the United

States and the State of North Carolina.

(B) Archaeological evidence indicates that the Blue

Ridge Mountains have been inhabited by humans since

the last retreat of the glaciers, with the Native Americans

living in the area at the time of European discovery being

primarily of Cherokee descent.

(C) The Blue Ridge Mountains of western North Carolina, including the Great Smoky Mountains, played a

unique and significant role in the establishment and

development of the culture of the United States through

several distinct legacies, including—

(i) the craft heritage that—

(I) was first influenced by the Cherokee

Indians;
H. R. 2691—35

(II) was the origin of the traditional craft

movement starting in 1900 and the contemporary

craft movement starting in the 1940’s; and

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

in the Blue Ridge Mountains of western North

Carolina, the third largest concentration of such

people in the United States;

(ii) a musical heritage comprised of distinctive

instrumental and vocal traditions that—

(I) includes stringband music, bluegrass,

ballad singing, blues, and sacred music;

(II) has received national recognition; and

(III) has made the region one of the richest

repositories of traditional music and folklife in the

United States;

(iii) the Cherokee heritage—

(I) dating back thousands of years; and

(II) offering—

(aa) nationally significant cultural traditions practiced by the Eastern Band of Cherokee Indians;

(bb) authentic tradition bearers;

(cc) historic sites; and

(dd) historically important collections of

Cherokee artifacts; and

(iv) the agricultural heritage established by the

Cherokee Indians, including medicinal and ceremonial

food crops, combined with the historic European patterns of raising livestock, culminating in the largest

number of specialty crop farms in North Carolina.

(D) The artifacts and structures associated with those

legacies are unusually well-preserved.

(E) The Blue Ridge Mountains are recognized as having

one of the richest collections of historical resources in North

America.

(F) The history and cultural heritage of the Blue Ridge

Mountains are shared with the States of Virginia, Tennessee, and Georgia.

(G) there are significant cultural, economic, and educational benefits in celebrating and promoting this mutual

heritage.

(H) according to the 2002 reports entitled ‘‘The Blue

Ridge Heritage and Cultural Partnership’’ and ‘‘Western

North Carolina National Heritage Area Feasibility Study

and Plan’’, the Blue Ridge Mountains contain numerous

resources that are of outstanding importance to the history

of the United States.

(I) it is in the interest of the United States to preserve

and interpret the cultural and historical resources of the

Blue Ridge Mountains for the education and benefit of

present and future generations.

(2) PURPOSE.—The purpose of this section is to foster a

close working relationship with, and to assist, all levels of

government, the private sector, and local communities in the

State in managing, preserving, protecting, and interpreting the

cultural, historical, and natural resources of the Heritage Area

while continuing to develop economic opportunities.
H. R. 2691—36

(c) DEFINITIONS.—

(1) In this section:

(A) HERITAGE AREA.—The term ‘‘Heritage Area’’ means

the Blue Ridge National Heritage Area established by subsection (d).

(B) MANAGEMENT ENTITY.—The term ‘‘management

entity’’ means the management entity for the Heritage

Area designated by subsection (d)(3).

(C) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan for the Heritage Area

approved under subsection (e).

(D) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.

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

Carolina.

(d) BLUE RIDGE NATIONAL HERITAGE AREA.—

(1) ESTABLISHMENT.—There is established the Blue Ridge

National Heritage Area in the State.

(2) BOUNDARIES.—The Heritage Area shall consist of the

counties of Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell,

Cherokee, Clay, Graham, Haywood, Henderson, Jackson,

McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Surry,

Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey

in the State.

(3) MANAGEMENT ENTITY.—

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

made available under subsection (i), the Blue Ridge

National Heritage Area Partnership shall be the management entity for the Heritage Area.

(B) BOARD OF DIRECTORS.—

(i) COMPOSITION.—The management entity shall

be governed by a board of directors composed of nine

members, of whom—

(I) two members shall be appointed by

AdvantageWest;

(II) two members shall be appointed by HandMade In America, Inc.;

(III) one member shall be appointed by the

Education Research Consortium of Western North

Carolina;

(IV) one member shall be appointed by the

Eastern Band of the Cherokee Indians; and

(V) three members shall be appointed by the

Governor of North Carolina and shall—

(aa) reside in geographically diverse

regions of the Heritage Area;

(bb) be a representative of State or local

governments or the private sector; and

(cc) have knowledge of tourism, economic

and community development, regional planning, historic preservation, cultural or natural

resources development, regional planning, conservation, recreational services, education, or

museum services.

(e) MANAGEMENT PLAN.—

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

of enactment of this section, the management entity shall
H. R. 2691—37

submit to the Secretary for approval a management plan for

the Heritage Area.

(2) CONSIDERATION OF OTHER PLANS AND ACTIONS.—In

developing the management plan, the management entity

shall—

(A) for the purpose of presenting a unified preservation

and interpretation plan, take into consideration Federal,

State, and local plans; and

(B) provide for the participation of residents, public

agencies, and private organizations in the Heritage Area.

(3) CONTENTS.—The management plan shall—

(A) present comprehensive recommendations and

strategies for the conservation, funding, management, and

development of the Heritage Area;

(B) identify existing and potential sources of Federal

and non-Federal funding for the conservation, management, and development of the Heritage Area; and

(C) include—

(i) an inventory of the cultural, historical, natural,

and recreational resources of the Heritage Area,

including a list of property that—

(I) relates to the purposes of the Heritage

Area; and

(II) should be conserved, restored, managed,

developed, or maintained because of the significance of the property;

(ii) a program of strategies and actions for the

implementation of the management plan that identifies

the roles of agencies and organizations that are

involved in the implementation of the management

plan;

(iii) an interpretive and educational plan for the

Heritage Area;

(iv) a recommendation of policies for resource

management and protection that develop intergovernmental cooperative agreements to manage and protect

the cultural, historical, natural, and recreational

resources of the Heritage Area; and

(v) an analysis of ways in which Federal, State,

and local programs may best be coordinated to promote

the purposes of this section.

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

is not submitted to the Secretary by the date described in

paragraph (1), the Secretary shall not provide any additional

funding under this section until a management plan is submitted to the Secretary.

(5) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.—

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

the management plan submitted under paragraph (1), the

Secretary shall approve or disapprove the management

plan.

(B) CRITERIA.—In determining whether to approve the

management plan, the Secretary shall consider whether

the management plan— (i) has strong local support from landowners, business interests, nonprofit organizations, and governments in the Heritage Area; and
H. R. 2691—38

(ii) has a high potential for effective partnership

mechanisms.

(C) ACTION FOLLOWING DISAPPROVAL.—If the Secretary

disapproves a management plan under subparagraph (A),

the Secretary shall—

(i) advise the management entity in writing of

the reasons for the disapproval;

(ii) make recommendations for revisions to the

management plan; and

(iii) allow the management entity to submit to

the Secretary revisions to the management plan.

(D) DEADLINE FOR APPROVAL OF REVISION.—Not later

than 60 days after the date on which a revision is submitted

under subparagraph (C)(iii), the Secretary shall approve

or disapprove the proposed revision.

(6) AMENDMENT OF APPROVED MANAGEMENT PLAN.—

(A) IN GENERAL.—After approval by the Secretary of

a management plan, the management entity shall

periodically—

(i) review the management plan; and

(ii) submit to the Secretary, for review and

approval, the recommendation of the management

entity for any amendments to the management plan.

(B) USE OF FUNDS.—No funds made available under

subsection (i) shall be used to implement any amendment

proposed by the management entity under subparagraph

(A) until the Secretary approves the amendment.

(f) AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.—

(1) AUTHORITIES.—For the purposes of developing and

implementing the management plan, the management entity

may use funds made available under subsection (i) to—

(A) make grants to, and enter into cooperative agreements with, the State (including a political subdivision),

nonprofit organizations, or persons;

(B) hire and compensate staff; and

(C) enter into contracts for goods and services.

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

plan, the management entity shall—

(A) develop and implement the management plan while

considering the interests of diverse units of government,

businesses, private property owners, and nonprofit groups

in the Heritage Area;

(B) conduct public meetings in the Heritage Area at

least semiannually on the development and implementation

of the management plan;

(C) give priority to the implementation of actions, goals,

and strategies in the management plan, including providing

assistance to units of government, nonprofit organizations,

and persons in—

(i) carrying out the programs that protect resources

in the Heritage Area;

(ii) encouraging economic viability in the Heritage

Area in accordance with the goals of the management

plan;

(iii) establishing and maintaining interpretive

exhibits in the Heritage Area;
H. R. 2691—39

(iv) developing recreational and educational

opportunities in the Heritage Area; and

(v) increasing public awareness of and appreciation

for the cultural, historical, and natural resources of

the Heritage Area; and

(D) for any fiscal year for which Federal funds are

received under subsection (i)—

(i) submit to the Secretary a report that describes,

for the fiscal year—

(I) the accomplishments of the management

entity;

(II) the expenses and income of the management entity; and

(III) each entity to which a grant was made;

(ii) make available for audit by Congress, the Secretary, and appropriate units of government, all

records relating to the expenditure of funds and any

matching funds; and

(iii) require, for all agreements authorizing

expenditure of Federal funds by any entity, that the

receiving entity make available for audit all records

relating to the expenditure of funds.

(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—

The management entity shall not use Federal funds received

under subsection (i) to acquire real property or an interest

in real property.

(g) TECHNICAL AND FINANCIAL ASSISTANCE.—

(1) IN GENERAL.—The Secretary may provide to the

management entity technical assistance and, subject to the

availability of appropriations, financial assistance, for use in

developing and implementing the management plan.

(2) PRIORITY FOR ASSISTANCE.—In providing assistance

under subsection (a), the Secretary shall give priority to actions

that facilitate—

(A) the preservation of the significant cultural, historical, natural, and recreational resources of the Heritage

Area; and

(B) the provision of educational, interpretive, and recreational opportunities that are consistent with the

resources of the Heritage Area.

(h) LAND USE REGULATION.—

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

(A) grants any power of zoning or land use to the

management entity; or

(B) modifies, enlarges, or diminishes any authority of

the Federal Government or any State or local government

to regulate any use of land under any law (including regulations).

(2) PRIVATE PROPERTY.—Nothing in this section—

(A) abridges the rights of any person with respect

to private property;

(B) affects the authority of the State or local government with respect to private property; or

(C) imposes any additional burden on any property

owner.

(i) AUTHORIZATION OF APPROPRIATIONS.—
H. R. 2691—40

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

to carry out this section $10,000,000, of which not more than

$1,000,000 shall be made available for any fiscal year.

(2) NON-FEDERAL SHARE.—The non-Federal share of the

cost of any activities carried out using Federal funds made

available under subsection (a) shall be not less than 50 percent.

(j) TERMINATION OF AUTHORITY.—The authority of the Secretary

to provide assistance under this section terminates on the date

that is 15 years after the date of enactment of this section.

SEC. 141. (a) PAYMENT TO THE HARRIET TUBMAN HOME,

AUBURN, NEW YORK, AUTHORIZED.—(1) The Secretary of the Interior

may, using amounts appropriated or otherwise made available by

this title, make a payment to the Harriet Tubman Home in Auburn,

New York, in the amount of $11,750.

(2) The amount specified in paragraph (1) is the amount of

widow’s pension that Harriet Tubman should have received from

January 1899 to March 1913 under various laws authorizing pension for the death of her husband, Nelson Davis, a deceased veteran

of the Civil War, but did not receive, adjusted for inflation since

March 1913.

(b) USE OF AMOUNTS.—The Harriet Tubman Home shall use

amounts paid under subsection (a) for the purposes of—

(1) preserving and maintaining the Harriet Tubman Home;

and

(2) honoring the memory of Harriet Tubman.

SEC. 142. Nonrenewable grazing permits authorized in the

Jarbidge Field Office, Bureau of Land Management within the

past seven years shall be renewed under section 402 of the Federal

Land Policy and Management Act of 1976, as amended (43 U.S.C.

1752) and under section 3 of the Taylor Grazing Act of 1934,

as amended (43 U.S.C. 315b). The terms and conditions contained

in the most recently expired nonrenewable grazing permit shall

continue in effect under the renewed permit. Upon completion of

any required analysis or documentation, the permit may be canceled, suspended or modified, in whole or in part, to meet the

requirements of applicable laws and regulations. Nothing in this

section shall be deemed to extend the nonrenewable permits beyond

the standard 1-year term.

SEC. 143. INTERIM COMPENSATION PAYMENTS. Section 2303(b)

of Public Law 106–246 (114 Stat. 549) is amended by inserting

before the period at the end the following: ‘‘, unless the amount

of the interim compensation exceeds the amount of the final compensation’’.

SEC. 144. Pursuant to section 10101f(d)(3) of the Omnibus

Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3), the following

claims shall be given notice of defect and the opportunity to cure:

AKFF054162–AKFF054163, AKFF054165–AKFF054166, and

AKFF054170–AKFF054171.

SEC. 145. None of the funds appropriated or otherwise made

available by this or any other Act, hereafter enacted, may be used

to permit the use of the National Mall for a special event, unless

the permit expressly prohibits the erection, placement, or use of

structures and signs bearing commercial advertising. The Secretary

may allow for recognition of sponsors of special events: Provided,

That the size and form of the recognition shall be consistent with

the special nature and sanctity of the Mall and any lettering or

design identifying the sponsor shall be no larger than one-third
H. R. 2691—41

the size of the lettering or design identifying the special event.

In approving special events, the Secretary shall ensure, to the

maximum extent practicable, that public use of, and access to

the Mall is not restricted. For purposes of this section, the term

‘‘special event’’ shall have the meaning given to it by section

7.96(g)(1)(ii) of title 36, Code of Federal Regulations.

SEC. 146. In addition to amounts provided to the Department

of the Interior in this Act, $5,000,000 is provided for a grant

to Kendall County, Illinois.

SEC. 147. CONVEYANCE TO THE CITY OF LAS VEGAS, NEVADA.

Section 705(b) of the Clark County Conservation of Public Land

and Natural Resources Act of 2002 (116 Stat. 2015) is amended

by inserting after ‘‘map’’ the following: ‘‘and the approximately

10 acres of land in Clark County, Nevada, described as the NW1⁄4

SE1⁄4 SW1⁄4 of section 28, T. 20 S., R. 60 E., Mount Diablo Base

and Meridian’’.

SEC. 148. CONGAREE SWAMP NATIONAL MONUMENT BOUNDARY

REVISION. The first section of Public Law 94–545 (90 Stat. 2517;

102 Stat. 2607) is amended—

(1) in subsection (b), by striking the last sentence; and

(2) by adding at the end the following:

‘‘(c) ACQUISITION OF ADDITIONAL LAND.—

‘‘(1) IN GENERAL.—The Secretary may acquire by donation,

by purchase from a willing seller with donated or appropriated

funds, by transfer, or by exchange, land or an interest in

land described in paragraph (2) for inclusion in the monument.

‘‘(2) DESCRIPTION OF LAND.—The land referred to in paragraph (1) is the approximately 4,576 acres of land adjacent

to the Monument, as depicted on the map entitled ‘‘Congaree

National Park Boundary Map’’, numbered 178/80015, and dated

August 2003.

‘‘(3) AVAILABILITY OF MAP.—The map referred to in paragraph (2) shall be on file and available for public inspection

in the appropriate offices of the National Park Service.

‘‘(4) BOUNDARY REVISION.—On acquisition of the land or

an interest in land under paragraph (1), the Secretary shall

revise the boundary of the monument to reflect the acquisition.

‘‘(5) ADMINISTRATION.—Any land acquired by the Secretary

under paragraph (1) shall be administered by the Secretary

as part of the monument.

‘‘(6) EFFECT.—Nothing in this section—

‘‘(A) affects the use of private land adjacent to the

monument;

‘‘(B) preempts the authority of the State with respect

to the regulation of hunting, fishing, boating, and wildlife

management on private land or water outside the boundaries of the monument; or

‘‘(C) negatively affects the economic development of

the areas surrounding the monument.

‘‘(d) ACREAGE LIMITATION.—The total acreage of the monument

shall not exceed 26,776 acres.’’.

SEC. 149. Section 104 (16 U.S.C. 1374) is amended in subsection

(c)(5)(D) by striking ‘‘the date of the enactment of the Marine

Mammal Protection Act Amendments of 1994’’ and inserting ‘‘February 18, 1997’’.

SEC. 150. The National Park Service shall issue a special regulation concerning continued hunting at New River Gorge National
H. R. 2691—42

River in compliance with the requirements of the Administrative

Procedures Act, with opportunity for public comment, and shall

also comply with the National Environmental Policy Act as appropriate. Notwithstanding any other provision of law, the September

25, 2003 interim final rule authorizing continued hunting at New

River Gorge National River shall be in effect until the final special

regulation supercedes it.

TITLE II—RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as

authorized by law, $269,710,000, to remain available until

expended: Provided, That of the funds provided, $52,359,000 is

for the forest inventory and analysis program.

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions,

and others, and for forest health management, including treatments

of pests, pathogens, and invasive or noxious plants and for restoring

and rehabilitating forests damaged by pests or invasive plants,

cooperative forestry, and education and land conservation activities

and conducting an international program as authorized,

$308,140,000, to remain available until expended, as authorized

by law of which $64,934,000 is to be derived from the Land and

Water Conservation Fund: Provided, That none of the funds provided under this heading for the acquisition of lands or interests

in lands shall be available until the Forest Service notifies the

House Committee on Appropriations and the Senate Committee

on Appropriations, in writing, of specific contractual and grant

details including the non-Federal cost share of each project, related

to the acquisition of lands or interests in lands to be undertaken

with such funds: Provided further, That each forest legacy grant

shall be for a specific project or set of specific tasks: Provided

further, That grants for acquisition of lands or conservation easements shall require that the State demonstrates that 25 percent

of the total value of the project is comprised of a non-Federal

cost share: Provided further, That notwithstanding any other provi- sion of law, of the funds provided under this heading, $500,000

shall be made available to Kake Tribal Corporation as an advance

direct lump sum payment to implement the Kake Tribal Corporation

Land Transfer Act (Public Law 106–283).

NATIONAL FOREST SYSTEM

For necessary expenses of the Forest Service, not otherwise

provided for, for management, protection, improvement, and utilization of the National Forest System, $1,382,916,000, to remain available until expended, which shall include 50 percent of all moneys

received during prior fiscal years as fees collected under the Land
H. R. 2691—43

and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,

That unobligated balances available at the start of fiscal year

2004 shall be displayed by budget line item in the fiscal year

2005 budget justification: Provided further, That the Secretary may

authorize the expenditure or transfer of such sums as necessary

to the Department of the Interior, Bureau of Land Management,

for removal, preparation, and adoption of excess wild horses and

burros from National Forest System lands, and for the performance

of cadastral surveys to designate the boundaries of such lands:

Provided further, That of the funds provided under this heading

for Forest Products, $5,000,000 shall be allocated to the Alaska

Region, in addition to its normal allocation for the purposes of

preparing additional timber for sale, to establish a 3-year timber

supply and such funds may be transferred to other appropriations

accounts as necessary to maximize accomplishment: Provided further, That of the funds provided under this heading, $3,150,000

is for expenses required to implement title I of Public Law 106–

248, to be segregated in a separate fund established by the Secretary

of Agriculture: Provided further, That within funds available for

the purpose of implementing the Valles Caldera Preservation Act,

notwithstanding the limitations of section 107(e)(2) of the Valles

Caldera Preservation Act (Public Law 106–248), for fiscal year

2004, the Chair of the Board of Trustees of the Valles Caldera

Trust may receive, upon request, compensation for each day

(including travel time) that the Chair is engaged in the performance

of the functions of the Board, except that compensation shall not

exceed the daily equivalent of the annual rate in effect for members

of the Senior Executive Service at the ES–1 level, and shall be

in addition to any reimbursement for travel, subsistence and other

necessary expenses incurred by the Chair in the performance of

the Chair’s duties.

For an additional amount to reimburse the Judgment Fund

as required by 41 U.S.C. 612(c) for judgment liabilities previously

incurred, $188,405,000.

WILDLAND FIRE MANAGEMENT

For necessary expenses for forest fire presuppression activities

on National Forest System lands, for emergency fire suppression

on or adjacent to such lands or other lands under fire protection

agreement, hazardous fuels reduction on or adjacent to such lands,

and for emergency rehabilitation of burned-over National Forest

System lands and water, $1,643,212,000, to remain available until

expended: Provided, That such funds including unobligated balances

under this head, are available for repayment of advances from

other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to

reimburse State and other cooperating entities for services provided

in response to wildfire and other emergencies or disasters to the

extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management

agency: Provided further, That not less than 50 percent of any

unobligated balances remaining (exclusive of amounts for hazardous

fuels reduction) at the end of fiscal year 2003 shall be transferred,

as repayment for past advances that have not been repaid, to

the fund established pursuant to section 3 of Public Law 71–
H. R. 2691—44

319 (16 U.S.C. 576 et seq.): Provided further, That notwithstanding

any other provision of law, $8,000,000 of funds appropriated under

this appropriation shall be used for Fire Science Research in support

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

authorities for the use of funds, including the use of contracts,

grants, and cooperative agreements, available to execute the Forest

and Rangeland Research appropriation, are also available in the

utilization of these funds for Fire Science Research: Provided further, That funds provided shall be available for emergency

rehabilitation and restoration, hazardous fuels reduction activities

in the urban-wildland interface, support to Federal emergency

response, and wildfire suppression activities of the Forest Service:

Provided further, That of the funds provided, $236,392,000 is for

hazardous fuels reduction activities, $7,000,000 is for rehabilitation

and restoration, $22,300,000 is for research activities and to make

competitive research grants pursuant to the Forest and Rangeland

Renewable Resources Research Act, as amended (16 U.S.C. 1641

et seq.), $51,700,000 is for State fire assistance, $8,240,000 is for

volunteer fire assistance, $25,000,000 is for forest health activities

on State, private, and Federal lands: Provided further, That

amounts in this paragraph may be transferred to the ‘‘State and

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

Rangeland Research’’ accounts to fund State fire assistance, volunteer fire assistance, forest health management, forest and rangeland

research, vegetation and watershed management, heritage site

rehabilitation, and wildlife and fish habitat management and restoration: Provided further, That transfers of any amounts in excess

of those authorized in this paragraph, shall require approval of

the House and Senate Committees on Appropriations in compliance

with reprogramming procedures contained in the statement of managers accompanying this Act: Provided further, That the costs of

implementing any cooperative agreement between the Federal

Government and any non-Federal entity may be shared, as mutually

agreed on by the affected parties: Provided further, That in addition

to funds provided for State Fire Assistance programs, and subject

to all authorities available to the Forest Service under the State

and Private Forestry Appropriations, up to $15,000,000 may be

used on adjacent non-Federal lands for the purpose of protecting

communities when hazard reduction activities are planned on

national forest lands that have the potential to place such communities at risk: Provided further, That included in funding for haz- ardous fuel reduction is $5,000,000 for implementing the Community Forest Restoration Act, Public Law 106–393, title VI, and

any portion of such funds shall be available for use on non-Federal

lands in accordance with authorities available to the Forest Service

under the State and Private Forestry Appropriation: Provided further, That in using the funds provided in this Act for hazardous

fuels reduction activities, the Secretary of Agriculture may conduct

fuel reduction treatments on Federal lands using all contracting

and hiring authorities available to the Secretary applicable to hazardous fuel reduction activities under the wildland fire management

accounts: Provided further, That notwithstanding Federal Government procurement and contracting laws, the Secretaries may conduct fuel reduction treatments, rehabilitation and restoration, and

other activities authorized under this heading on and adjacent

to Federal lands using grants and cooperative agreements: Provided

further, That notwithstanding Federal Government procurement
H. R. 2691—45

and contracting laws, in order to provide employment and training

opportunities to people in rural communities, the Secretaries may

award contracts, including contracts for monitoring activities, to

local private, non-profit, or cooperative entities; Youth Conservation

Corps crews or related partnerships, with State, local and nonprofit youth groups; small or micro-businesses; or other entities

that will hire or train a significant percentage of local people

to complete such contracts: Provided further, That the authorities

described above relating to contracts, grants, and cooperative agreements are available until all funds provided in this title for hazardous fuels reduction activities in the urban wildland interface

are obligated: Provided further, That the Secretary of the Interior

and the Secretary of Agriculture may authorize the transfer of

funds appropriated for wildland fire management, in an aggregate

amount not to exceed $12,000,000, between the Departments when

such transfers would facilitate and expedite jointly funded wildland

fire management programs and projects.

For an additional amount, $301,000,000, to repay prior year

advances from other appropriations from which funds were transferred for wildfire suppression and emergency rehabilitation activities: Provided, That this additional amount is designated by the

Congress as an emergency requirement pursuant to section 502

of H. Con. Res. 95 (108th Congress), the concurrent resolution

on the budget for fiscal year 2004: Provided further, That this

additional amount and $253,000,000 of the funds appropriated to

the Forest Service for the repayment of advances for fire suppression in Public Law 108–83, shall be transferred to the following

Forest Service accounts: $96,000,000 to the Land Acquisition

account, $95,000,000 to the Capital Improvement and Maintenance

account, $9,000,000 to the Working Capital Fund, $52,000,000 to

the National Forest System account, $31,000,000 to the State and

Private Forestry account, $10,000,000 to the Forest and Rangeland

Research account, $35,000,000 to the Salvage Sale fund,

$28,000,000 to the Timber Purchaser Election account, $154,000,000

to the Knutson Vandenburg fund, $20,000,000 to the Brush Disposal

account, $14,000,000 to the Forest Service Recreation Fee Demonstration fund, and $10,000,000 to the Forest Land Enhancement

Program account.

CAPITAL IMPROVEMENT AND MAINTENANCE

For necessary expenses of the Forest Service, not otherwise

provided for, $562,154,000, to remain available until expended for

construction, reconstruction, maintenance and acquisition of

buildings and other facilities, and for construction, reconstruction,

repair, decommissioning, and maintenance of forest roads and trails

by the Forest Service as authorized by 16 U.S.C. 532–538 and

23 U.S.C. 101 and 205: Provided, That up to $15,000,000 of the

funds provided herein for road maintenance shall be available for

the decommissioning of roads, including unauthorized roads not

part of the transportation system, which are no longer needed:

Provided further, That no funds shall be expended to decommission

any system road until notice and an opportunity for public comment

has been provided on each decommissioning project: Provided further, That the Forest Service shall transfer $350,000 appropriated
H. R. 2691—46

in Public Law 108–7 within the Capital Improvement and Maintenance appropriation to the State and Private Forestry appropriation, and shall provide these funds for planning and construction

of backcountry huts in Alaska.

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land

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

460l–4 through 11), including administrative expenses, and for

acquisition of land or waters, or interest therein, in accordance

with statutory authority applicable to the Forest Service,

$67,191,000, to be derived from the Land and Water Conservation

Fund and to remain available until expended: Provided, That notwithstanding any limitations of the Land and Water Conservation

Fund Act (16 U.S.C. 460l–9), the Secretary of Agriculture is henceforth authorized to utilize any funds appropriated under this

heading from the Land and Water Conservation Fund to acquire

Mental Health Trust lands in Alaska and, upon Federal acquisition,

the boundaries of the Tongass National Forest shall be deemed

modified to include such lands.

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,

and Cleveland National Forests, California, as authorized by law,

$1,069,000, to be derived from forest receipts.

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds

deposited by State, county, or municipal governments, public school

districts, or other public school authorities, and for authorized

expenditures from funds deposited by non-Federal parties pursuant

to Land Sale and Exchange Acts, pursuant to the Act of December

4, 1967, as amended (16 U.S.C. 484a), to remain available until

expended.

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and

improvement, 50 percent of all moneys received during the prior

fiscal year, as fees for grazing domestic livestock on lands in

National Forests in the 16 Western States, pursuant to section

401(b)(1) of Public Law 94–579, as amended, to remain available

until expended, of which not to exceed 6 percent shall be available

for administrative expenses associated with on-the-ground range

rehabilitation, protection, and improvements.

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

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

remain available until expended, to be derived from the fund established pursuant to the above Act.
H. R. 2691—47

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal

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

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

$5,535,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year

shall be available for: (1) purchase of not to exceed 124 passenger

motor vehicles of which 21 will be used primarily for law enforcement purposes and of which 124 shall be for replacement; acquisition of 25 passenger motor vehicles from excess sources, and hire

of such vehicles; operation and maintenance of aircraft to maintain

the operable fleet at 195 aircraft for use in Forest Service wildland

fire programs and other Forest Service programs; notwithstanding

other provisions of law, existing aircraft being replaced may be

sold, with proceeds derived or trade-in value used to offset the

purchase price for the replacement aircraft; (2) services pursuant

to 7 U.S.C. 2225, and not to exceed $100,000 for employment

under 5 U.S.C. 3109; (3) purchase, erection, and alteration of

buildings and other public improvements (7 U.S.C. 2250); (4)

acquisition of land, waters, and interests therein pursuant to 7

U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the

National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note);

(6) the cost of uniforms as authorized by 5 U.S.C. 5901–5902;

and (7) for debt collection contracts in accordance with 31 U.S.C.

3718(c).

None of the funds made available under this Act shall be

obligated or expended to abolish any region, to move or close any

regional office for National Forest System administration of the

Forest Service, Department of Agriculture without the consent of

the House and Senate Committees on Appropriations.

Any appropriations or funds available to the Forest Service

may be transferred to the Wildland Fire Management appropriation

for forest firefighting, emergency rehabilitation of burned-over or

damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions if and only if all previously

appropriated emergency contingent funds under the heading

‘‘Wildland Fire Management’’ have been released by the President

and apportioned and all wildfire suppression funds under the

heading ‘‘Wildland Fire Management’’ are obligated.

The first transfer of funds into the Wildland Fire Management

account shall include unobligated funds, if available, from the Land

Acquisition account and the Forest Legacy program within the

State and Private Forestry account.

Funds appropriated to the Forest Service shall be available

for assistance to or through the Agency for International Development and the Foreign Agricultural Service in connection with forest

and rangeland research, technical information, and assistance in

foreign countries, and shall be available to support forestry and

related natural resource activities outside the United States and

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

None of the funds made available to the Forest Service under

this Act shall be subject to transfer under the provisions of section
H. R. 2691—48

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

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

approved in advance by the House and Senate Committees on

Appropriations in compliance with the reprogramming procedures

contained in the statement of managers accompanying this Act.

None of the funds available to the Forest Service may be

reprogrammed without the advance approval of the House and

Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the statement of managers

accompanying this Act.

No funds available to the Forest Service shall be transferred

to the Working Capital Fund of the Department of Agriculture

that exceed the total amount transferred during fiscal year 2000

for such purposes without the advance approval of the House and

Senate Committees on Appropriations.

Funds available to the Forest Service shall be available to

conduct a program of not less than $2,000,000 for high priority

projects within the scope of the approved budget which shall be

carried out by the Youth Conservation Corps.

Of the funds available to the Forest Service, $2,500 is available

to the Chief of the Forest Service for official reception and representation expenses.

Pursuant to sections 405(b) and 410(b) of Public Law 101–

593, of the funds available to the Forest Service, $3,000,000 may

be advanced in a lump sum to the National Forest Foundation

to aid conservation partnership projects in support of the Forest

Service mission, without regard to when the Foundation incurs

expenses, for administrative expenses or projects on or benefitting

National Forest System lands or related to Forest Service programs:

Provided, That of the Federal funds made available to the Foundation, no more than $350,000 shall be available for administrative

expenses: Provided further, That the Foundation shall obtain, by

the end of the period of Federal financial assistance, private contributions to match on at least one-for-one basis funds made available by the Forest Service: Provided further, That the Foundation

may transfer Federal funds to a non-Federal recipient for a project

at the same rate that the recipient has obtained the non-Federal

matching funds: Provided further, That authorized investments of

Federal funds held by the Foundation may be made only in interestbearing obligations of the United States or in obligations guaranteed

as to both principal and interest by the United States.

Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000

of the funds available to the Forest Service shall be available

for matching funds to the National Fish and Wildlife Foundation,

as authorized by 16 U.S.C. 3701–3709, and may be advanced in

a lump sum to aid conservation partnership projects in support

of the Forest Service mission, without regard to when expenses

are incurred, for projects on or benefitting National Forest System

lands or related to Forest Service programs: Provided, That the

Foundation shall obtain, by the end of the period of Federal financial

assistance, private contributions to match on at least one-for-one

basis funds advanced by the Forest Service: Provided further, That

the Foundation may transfer Federal funds to a non-Federal

recipient for a project at the same rate that the recipient has

obtained the non-Federal matching funds.
H. R. 2691—49

Funds appropriated to the Forest Service shall be available

for interactions with and providing technical assistance to rural

communities for sustainable rural development purposes.

Funds appropriated to the Forest Service shall be available

for payments to counties within the Columbia River Gorge National

Scenic Area, pursuant to sections 14(c)(1) and (2), and section

16(a)(2) of Public Law 99–663.

Not later than 60 days after the date of the enactment of

this Act, the Secretary of Agriculture shall submit to Congress,

and make available to interested persons, a report containing the

results of a management review of outfitter and guiding operations

in the John Muir, Ansel Adams, and Dinkey Lakes Wilderness

Areas of the Inyo and Sierra National Forests, California. The

report shall include information regarding: (1) how the Secretary

intends to minimize adverse impacts on the historic access rights

of special use permittees in these three wilderness areas; and

(2) how the Secretary intends to ensure timely compliance with

the requirements of the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.).

Notwithstanding any other provision of law, any appropriations

or funds available to the Forest Service not to exceed $500,000

may be used to reimburse the Office of the General Counsel (OGC),

Department of Agriculture, for travel and related expenses incurred

as a result of OGC assistance or participation requested by the

Forest Service at meetings, training sessions, management reviews,

land purchase negotiations and similar non-litigation related matters. Future budget justifications for both the Forest Service and

the Department of Agriculture should clearly display the sums

previously transferred and the requested funding transfers.

Any appropriations or funds available to the Forest Service

may be used for necessary expenses in the event of law enforcement

emergencies as necessary to protect natural resources and public

or employee safety: Provided, That such amounts shall not exceed

$1,000,000.

From funds available to the Forest Service in this Act for

payment of costs in accordance with subsection 413(d) of Title

IV, Public Law 108–7, $3,000,000 shall be transferred by the Secretary of Agriculture to the Secretary of the Treasury to make

reimbursement payments as provided in such subsection.

The Secretary of Agriculture may authorize the sale of excess

buildings, facilities, and other properties owned by the Forest

Service and located on the Green Mountain National Forest, the

revenues of which shall be retained by the Forest Service and

available to the Secretary without further appropriation and until

expended for maintenance and rehabilitation activities on the Green

Mountain National Forest.

The Secretary of Agriculture may transfer or reimburse funds

available to the Forest Service, not to exceed $15,000,000, to the

Secretary of the Interior or the Secretary of Commerce to expedite

conferencing and consultations as required under section 7 of the

Endangered Species Act, 16 U.S.C. 1536. The amount of the transfer

or reimbursement shall be as mutually agreed by the Secretary

of Agriculture and the Secretary of the Interior or Secretary of

Commerce, as applicable, or their designees. The amount shall

in no case exceed the actual costs of consultation and conferencing.

Beginning on June 30, 2001 and concluding on December 31,

2004, an eligible individual who is employed in any project funded
H. R. 2691—50

under title V of the Older American Act of 1965 (42 U.S.C. 3056

et seq.) and administered by the Forest Service shall be considered

to be a Federal employee for purposes of chapter 171 of title 28,

United States Code.

Any funds appropriated to the Forest Service may be used

to meet the non-Federal share requirement in section 502(c) of

the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).

The Secretary of Agriculture may authorize the sale of excess

buildings, facilities, and other properties owned by the Forest

Service and located on the Wasatch-Cache National Forest, the

revenues of which shall be retained by the Forest Service and

available to the Secretary without further appropriation and until

expended for acquisition and construction of administrative sites

on the Wasatch-Cache National Forest.

DEPARTMENT OF ENERGY

CLEAN COAL TECHNOLOGY

(DEFERRAL AND RESCISSION)

Of the funds made available under this heading for obligation in prior years, $97,000,000 shall not be available until October

1, 2004, and $88,000,000 are rescinded: Provided, That funds made

available in previous appropriations Acts shall be available for

any ongoing project regardless of the separate request for proposal

under which the project was selected.

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

For necessary expenses in carrying out fossil energy research

and development activities, under the authority of the Department

of Energy Organization Act (Public Law 95–91), including the

acquisition of interest, including defeasible and equitable interests

in any real property or any facility or for plant or facility acquisition

or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and

disposal of mineral substances without objectionable social and

environmental costs (30 U.S.C. 3, 1602, and 1603), $681,163,000,

to remain available until expended, of which $4,000,000 is to continue a multi-year project for construction, renovation, furnishing,

and demolition or removal of buildings at National Energy Technology Laboratory facilities in Morgantown, West Virginia and Pittsburgh, Pennsylvania; of which not to exceed $536,000 may be utilized for travel and travel-related expenses incurred by the headquarters staff of the Office of Fossil Energy; and of which

$172,000,000 are to be made available, after coordination with

the private sector, for a request for proposals for a Clean Coal

Power Initiative providing for competitively-awarded research,

development, and demonstration projects to reduce the barriers

to continued and expanded coal use: Provided, That no project

may be selected for which sufficient funding is not available to

provide for the total project: Provided further, That funds shall

be expended in accordance with the provisions governing the use

of funds contained under the heading ‘‘Clean Coal Technology’’

in 42 U.S.C. 5903d: Provided further, That the Department may

include provisions for repayment of Government contributions to

individual projects in an amount up to the Government contribution
H. R. 2691—51

to the project on terms and conditions that are acceptable to the

Department including repayments from sale and licensing of technologies from both domestic and foreign transactions: Provided further, That such repayments shall be retained by the Department

for future coal-related research, development and demonstration

projects: Provided further, That any technology selected under this

program shall be considered a Clean Coal Technology, and any

project selected under this program shall be considered a Clean

Coal Technology Project, for the purposes of 42 U.S.C. 7651n, and

Chapters 51, 52, and 60 of title 40 of the Code of Federal Regulations: Provided further, That no part of the sum herein made

available shall be used for the field testing of nuclear explosives

in the recovery of oil and gas: Provided further, That up to 4

percent of program direction funds available to the National Energy

Technology Laboratory may be used to support Department of

Energy activities not included in this account.

NAVAL PETROLEUM AND OIL SHALE RESERVES

For expenses necessary to carry out naval petroleum and oil shale reserve activities, $18,219,000, to remain available until

expended: Provided, That, notwithstanding any other provision of

law, unobligated funds remaining from prior years shall be available

for all naval petroleum and oil shale reserve activities.

ELK HILLS SCHOOL LANDS FUND

For necessary expenses in fulfilling installment payments under

the Settlement Agreement entered into by the United States and

the State of California on October 11, 1996, as authorized by section

3415 of Public Law 104–106, $36,000,000, to become available on

October 1, 2004 for payment to the State of California for the

State Teachers’ Retirement Fund from the Elk Hills School Lands

Fund.

ENERGY CONSERVATION

For necessary expenses in carrying out energy conservation activities, $888,937,000, to remain available until expended: Provided, That $274,500,000 shall be for use in energy conservation

grant programs as defined in section 3008(3) of Public Law 99– 509 (15 U.S.C. 4507): Provided further, That notwithstanding section 3003(d)(2) of Public Law 99–509, such sums shall be allocated

to the eligible programs as follows: $230,000,000 for weatherization

assistance grants and $44,500,000 for State energy program grants.

ECONOMIC REGULATION

For necessary expenses in carrying out the activities of the Office of Hearings and Appeals, $1,047,000, to remain available

until expended.

STRATEGIC PETROLEUM RESERVE

For necessary expenses for Strategic Petroleum Reserve facility

development and operations and program management activities

pursuant to the Energy Policy and Conservation Act of 1975, as

amended (42 U.S.C. 6201 et seq.), $173,081,000, to remain available

until expended.
H. R. 2691—52

NORTHEAST HOME HEATING OIL RESERVE

For necessary expenses for Northeast Home Heating Oil

Reserve storage, operations, and management activities pursuant

to the Energy Policy and Conservation Act of 2000, $5,000,000,

to remain available until expended.

ENERGY INFORMATION ADMINISTRATION

For necessary expenses in carrying out the activities of the Energy Information Administration, $82,111,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

Appropriations under this Act for the current fiscal year shall

be available for hire of passenger motor vehicles; hire, maintenance,

and operation of aircraft; purchase, repair, and cleaning of uniforms;

and reimbursement to the General Services Administration for security guard services.

From appropriations under this Act, transfers of sums may

be made to other agencies of the Government for the performance

of work for which the appropriation is made.

None of the funds made available to the Department of Energy

under this Act shall be used to implement or finance authorized

price support or loan guarantee programs unless specific provision

is made for such programs in an appropriations Act.

The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and

to prosecute projects in cooperation with other agencies, Federal,

State, private or foreign: Provided, That revenues and other moneys

received by or for the account of the Department of Energy or

otherwise generated by sale of products in connection with projects

of the Department appropriated under this Act may be retained

by the Secretary of Energy, to be available until expended, and

used only for plant construction, operation, costs, and payments

to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: Provided further, That the remainder of revenues after the making of such payments shall be covered into

the Treasury as miscellaneous receipts: Provided further, That any

contract, agreement, or provision thereof entered into by the Secretary pursuant to this authority shall not be executed prior to

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

either House of Congress is not in session because of adjournment

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

by the Speaker of the House of Representatives and the President

of the Senate of a full comprehensive report on such project,

including the facts and circumstances relied upon in support of

the proposed project.

No funds provided in this Act may be expended by the Department of Energy to prepare, issue, or process procurement documents

for programs or projects for which appropriations have not been

made.

In addition to other authorities set forth in this Act, the Secretary may accept fees and contributions from public and private

sources, to be deposited in a contributed funds account, and prosecute projects using such fees and contributions in cooperation

with other Federal, State or private agencies or concerns.
H. R. 2691—53

DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health

Care Improvement Act, and titles II and III of the Public Health

Service Act with respect to the Indian Health Service,

$2,561,932,000, together with payments received during the fiscal

year pursuant to 42 U.S.C. 238(b) for services furnished by the

Indian Health Service: Provided, That funds made available to

tribes and tribal organizations through contracts, grant agreements,

or any other agreements or compacts authorized by the Indian

Self-Determination and Education Assistance Act of 1975 (25 U.S.C.

450), shall be deemed to be obligated at the time of the grant

or contract award and thereafter shall remain available to the

tribe or tribal organization without fiscal year limitation: Provided

further, That up to $18,000,000 shall remain available until

expended, for the Indian Catastrophic Health Emergency Fund:

Provided further, That $467,046,000 for contract medical care shall

remain available for obligation until September 30, 2005: Provided

further, That of the funds provided, up to $27,000,000 to remain

available until expended, shall be used to carry out the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further, That funds provided in this Act may

be used for one-year contracts and grants which are to be performed

in two fiscal years, so long as the total obligation is recorded

in the year for which the funds are appropriated: Provided further,

That the amounts collected by the Secretary of Health and Human

Services under the authority of title IV of the Indian Health Care

Improvement Act shall remain available until expended for the

purpose of achieving compliance with the applicable conditions and

requirements of titles XVIII and XIX of the Social Security Act

(exclusive of planning, design, or construction of new facilities):

Provided further, That funding contained herein, and in any earlier

appropriations Acts for scholarship programs under the Indian

Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended: Provided further, That amounts received by

tribes and tribal organizations under title IV of the Indian Health

Care Improvement Act shall be reported and accounted for and

available to the receiving tribes and tribal organizations until

expended: Provided further, That, notwithstanding any other provision of law, of the amounts provided herein, not to exceed

$270,734,000 shall be for payments to tribes and tribal organizations for contract or grant support costs associated with contracts,

grants, self-governance compacts or annual funding agreements

between the Indian Health Service and a tribe or tribal organization

pursuant to the Indian Self-Determination Act of 1975, as amended,

prior to or during fiscal year 2004, of which not to exceed $2,500,000

may be used for contract support costs associated with new or

expanded self-determination contracts, grants, self-governance compacts or annual funding agreements: Provided further, That funds

available for the Indian Health Care Improvement Fund may be

used, as needed, to carry out activities typically funded under

the Indian Health Facilities account: Provided further, That of
H. R. 2691—54

the amounts provided to the Indian Health Service, $15,000,000

is provided for alcohol control, enforcement, prevention, treatment,

sobriety and wellness, and education in Alaska to be distributed

as direct lump sum payments as follows: (a) $2,000,000 to the

State of Alaska for regional distribution to hire and equip additional

Village Public Safety Officers to engage primarily in bootlegging

prevention and enforcement activities; (b) $5,000,000 to the Alaska

Native Tribal Health Consortium, which shall be allocated for:

(1) substance abuse and behavioral health counselors through the

Counselor in Every Village program; and (2) comprehensive substance abuse training programs for counselors and others delivering

substance abuse services; (c) $6,000,000 to be divided as follows

among the following Alaska Native regional organizations to provide

substance abuse treatment and prevention programs: (1) $2,500,000

for Southcentral Foundation’s Pathway Home; (2) $1,500,000 for

Cook Inlet Tribal Council’s substance abuse prevention and treatment programs; (3) $1,500,000 for Yukon-Kuskokwim Health Corporation’s Tundra Swan Inhalant Abuse Center; and (4) $500,000

for the Southeast Alaska Regional Health Consortium for its Deilee

Hitt program; and (d) $2,000,000 for the Alaska Federation of

Natives sobriety and wellness program for competitive merit-based

grants: Provided further, That none of the funds may be used

for tribal courts or tribal ordinance programs or any program that

is not directly related to alcohol control, enforcement, prevention,

treatment, or sobriety: Provided further, That no more than 10

percent may be used by any entity receiving funding for administrative overhead including indirect costs: Provided further, That the

State of Alaska must maintain its existing level of effort and must

use these funds to enhance or expand existing efforts or initiate

new projects or programs and may not use such funds to supplant

existing programs.

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters

for personnel; preparation of plans, specifications, and drawings;

acquisition of sites, purchase and erection of modular buildings,

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act,

and for expenses necessary to carry out such Acts and titles II

and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health

Service, $396,232,000, to remain available until expended: Provided,

That notwithstanding any other provision of law, funds appropriated for the planning, design, construction or renovation of health

facilities for the benefit of an Indian tribe or tribes may be used

to purchase land for sites to construct, improve, or enlarge health

or related facilities: Provided further, That from the funds appro- priated herein, $5,000,000 shall be designated by the Indian Health

Service as a contribution to the Yukon-Kuskokwim Health Corporation (YKHC) to complete a priority project for the acquisition of

land, planning, design and construction of 79 staff quarters in

the Bethel service area, pursuant to the negotiated project agreement between the YKHC and the Indian Health Service: Provided
H. R. 2691—55

further, That this project shall not be subject to the construction

provisions of the Indian Self-Determination and Education Assistance Act and shall be removed from the Indian Health Service

priority list upon completion: Provided further, That the Federal

Government shall not be liable for any property damages or other

construction claims that may arise from YKHC undertaking this

project: Provided further, That the land shall be owned or leased

by the YKHC and title to quarters shall remain vested with the

YKHC: Provided further, That not to exceed $500,000 shall be

used by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian

Health Service and tribal facilities: Provided further, That none

of the funds appropriated to the Indian Health Service may be

used for sanitation facilities construction for new homes funded

with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further, That

not to exceed $1,000,000 from this account and the ‘‘Indian Health

Services’’ account shall be used by the Indian Health Service to

obtain ambulances for the Indian Health Service and tribal facilities

in conjunction with an existing interagency agreement between

the Indian Health Service and the General Services Administration:

Provided further, That not to exceed $500,000 shall be placed in

a Demolition Fund, available until expended, to be used by the

Indian Health Service for demolition of Federal buildings.

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations in this Act to the Indian Health Service shall

be available for services as authorized by 5 U.S.C. 3109 but at

rates not to exceed the per diem rate equivalent to the maximum

rate payable for senior-level positions under 5 U.S.C. 5376; hire

of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of

modular buildings and renovation of existing facilities; payments

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and for uniforms

or allowances therefor as authorized by 5 U.S.C. 5901–5902; and

for expenses of attendance at meetings which are concerned with

the functions or activities for which the appropriation is made

or which will contribute to improved conduct, supervision, or

management of those functions or activities.

In accordance with the provisions of the Indian Health Care

Improvement Act, non-Indian patients may be extended health

care at all tribally administered or Indian Health Service facilities,

subject to charges, and the proceeds along with funds recovered

under the Federal Medical Care Recovery Act (42 U.S.C. 2651–

2653) shall be credited to the account of the facility providing

the service and shall be available without fiscal year limitation.

Notwithstanding any other law or regulation, funds transferred

from the Department of Housing and Urban Development to the

Indian Health Service shall be administered under Public Law

86–121 (the Indian Sanitation Facilities Act) and Public Law 93– 638, as amended.

Funds appropriated to the Indian Health Service in this Act,

except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing

Federal travel and transportation.
H. R. 2691—56

None of the funds made available to the Indian Health Service

in this Act shall be used for any assessments or charges by the

Department of Health and Human Services unless identified in

the budget justification and provided in this Act, or approved by

the House and Senate Committees on Appropriations through the

reprogramming process. Personnel ceilings may not be imposed

on the Indian Health Service nor may any action be taken to

reduce the full time equivalent level of the Indian Health Service

below the level in fiscal year 2002 adjusted upward for the staffing

of new and expanded facilities, funding provided for staffing at

the Lawton, Oklahoma hospital in fiscal years 2003 and 2004,

critical positions not filled in fiscal year 2002, and staffing necessary

to carry out the intent of Congress with regard to program increases.

Notwithstanding any other provision of law, funds previously

or herein made available to a tribe or tribal organization through

a contract, grant, or agreement authorized by title I or title III

of the Indian Self-Determination and Education Assistance Act

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

a self-determination contract under title I, or a self-governance

agreement under title III of such Act and thereafter shall remain

available to the tribe or tribal organization without fiscal year

limitation.

None of the funds made available to the Indian Health Service

in this Act shall be used to implement the final rule published

in the Federal Register on September 16, 1987, by the Department

of Health and Human Services, relating to the eligibility for the

health care services of the Indian Health Service until the Indian

Health Service has submitted a budget request reflecting the

increased costs associated with the proposed final rule, and such

request has been included in an appropriations Act and enacted

into law.

With respect to functions transferred by the Indian Health

Service to tribes or tribal organizations, the Indian Health Service

is authorized to provide goods and services to those entities, on

a reimbursable basis, including payment in advance with subsequent adjustment. The reimbursements received therefrom, along

with the funds received from those entities pursuant to the Indian

Self-Determination Act, may be credited to the same or subsequent

appropriation account which provided the funding. Such amounts

shall remain available until expended.

Reimbursements for training, technical assistance, or services

provided by the Indian Health Service will contain total costs,

including direct, administrative, and overhead associated with the

provision of goods, services, or technical assistance.

The appropriation structure for the Indian Health Service may

not be altered without advance approval of the House and Senate

Committees on Appropriations.

OTHER RELATED AGENCIES

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian

Relocation as authorized by Public Law 93–531, $13,532,000, to

remain available until expended: Provided, That funds provided
H. R. 2691—57

in this or any other appropriations Act are to be used to relocate

eligible individuals and groups including evictees from District 6,

Hopi-partitioned lands residents, those in significantly substandard

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

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

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

of Navajo and Hopi Indian Relocation to evict any single Navajo

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

domiciled on the lands partitioned to the Hopi Tribe unless a

new or replacement home is provided for such household: Provided

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

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

relocate any certified eligible relocatees who have selected and

received an approved homesite on the Navajo reservation or selected

a replacement residence off the Navajo reservation or on the land

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

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska

Native Culture and Arts Development, as authorized by title XV

of Public Law 99–498, as amended (20 U.S.C. 56 part A), $6,250,000, of which $1,000,000 shall remain available until expended to assist

with the Institute’s efforts to develop a Continuing Education Lifelong Learning Center.

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as

authorized by law, including research in the fields of art, science,

and history; development, preservation, and documentation of the

National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of

information and publications; conduct of education, training, and

museum assistance programs; maintenance, alteration, operation,

lease (for terms not to exceed 30 years), and protection of buildings,

facilities, and approaches; not to exceed $100,000 for services as

authorized by 5 U.S.C. 3109; up to five replacement passenger

vehicles; purchase, rental, repair, and cleaning of uniforms for

employees, $494,748,000, of which not to exceed $46,903,000 for

the instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of the American Indian, and

the repatriation of skeletal remains program shall remain available

until expended; and of which $828,000 for fellowships and scholarly

awards shall remain available until September 30, 2005; and

including such funds as may be necessary to support American

overseas research centers and a total of $125,000 for the Council

of American Overseas Research Centers: Provided, That funds

appropriated herein are available for advance payments to independent contractors performing research services or participating

in official Smithsonian presentations: Provided further, That the

Smithsonian Institution may expend Federal appropriations designated in this Act for lease or rent payments for long term and
H. R. 2691—58

swing space, as rent payable to the Smithsonian Institution, and

such rent payments may be deposited into the general trust funds

of the Institution to the extent that federally supported activities

are housed in the 900 H Street, N.W. building in the District

of Columbia: Provided further, That this use of Federal appropriations shall not be construed as debt service, a Federal guarantee

of, a transfer of risk to, or an obligation of, the Federal Government:

Provided further, That no appropriated funds may be used to service

debt which is incurred to finance the costs of acquiring the 900

H Street building or of planning, designing, and constructing

improvements to such building.

FACILITIES CAPITAL

For necessary expenses of repair, revitalization, and alteration

of facilities owned or occupied by the Smithsonian Institution, by

contract or otherwise, as authorized by section 2 of the Act of

August 22, 1949 (63 Stat. 623), and for construction, including

necessary personnel, $108,970,000, to remain available until

expended, of which not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109: Provided, That contracts awarded for environmental systems, protection systems, and repair or restoration of

facilities of the Smithsonian Institution may be negotiated with

selected contractors and awarded on the basis of contractor qualifications as well as price: Provided further, That balances from

amounts previously appropriated under the headings ‘‘Repair, Restoration and Alteration of Facilities’’ and ‘‘Construction’’ shall be

transferred to and merged with this appropriation and shall remain

until expended.

ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

None of the funds in this or any other Act may be used

to make any changes to the existing Smithsonian science programs

including closure of facilities, relocation of staff or redirection of

functions and programs without approval from the Board of Regents

of recommendations received from the Science Commission.

None of the funds in this or any other Act may be used

to initiate the design for any proposed expansion of current space

or new facility without consultation with the House and Senate

Appropriations Committees.

None of the funds in this or any other Act may be used

for the Holt House located at the National Zoological Park in

Washington, D.C., unless identified as repairs to minimize water

damage, monitor structure movement, or provide interim structural

support.

None of the funds available to the Smithsonian may be

reprogrammed without the advance written approval of the House

and Senate Committees on Appropriations in accordance with the

reprogramming procedures contained in the statement of the managers accompanying this Act.
H. R. 2691—59

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art,

the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March

24, 1937 (50 Stat. 51), as amended by the public resolution of

April 13, 1939 (Public Resolution 9, Seventy-sixth Congress),

including services as authorized by 5 U.S.C. 3109; payment in

advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose

publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair,

and cleaning of uniforms for guards, and uniforms, or allowances

therefor, for other employees as authorized by law (5 U.S.C. 5901–

5902); purchase or rental of devices and services for protecting

buildings and contents thereof, and maintenance, alteration,

improvement, and repair of buildings, approaches, and grounds;

and purchase of services for restoration and repair of works of

art for the National Gallery of Art by contracts made, without

advertising, with individuals, firms, or organizations at such rates

or prices and under such terms and conditions as the Gallery

may deem proper, $87,849,000, of which not to exceed $3,026,000

for the special exhibition program shall remain available until

expended.

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation

of buildings, grounds and facilities owned or occupied by the

National Gallery of Art, by contract or otherwise, as authorized,

$11,600,000, to remain available until expended: Provided, That

contracts awarded for environmental systems, protection systems,

and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded

on the basis of contractor qualifications as well as price.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and

security of the John F. Kennedy Center for the Performing Arts,

$16,560,000.

CONSTRUCTION

For necessary expenses for capital repair and restoration of

the existing features of the building and site of the John F. Kennedy

Center for the Performing Arts, $16,000,000, to remain available

until expended.
H. R. 2691—60

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including

hire of passenger vehicles and services as authorized by 5 U.S.C.

3109, $8,604,000.

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation

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

$122,480,000, shall be available to the National Endowment for

the Arts for the support of projects and productions in the arts

through assistance to organizations and individuals pursuant to

sections 5(c) and 5(g) of the Act, including $17,000,000 for support

of arts education and public outreach activities through the Challenge America program, for program support, and for administering

the functions of the Act, to remain available until expended: Provided, That funds previously appropriated to the National Endowment for the Arts ‘‘Matching Grants’’ account and ‘‘Challenge

America’’ account may be transferred to and merged with this

account.

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation

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

$120,878,000, shall be available to the National Endowment for

the Humanities for support of activities in the humanities, pursuant

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

of the Act, to remain available until expended.

MATCHING GRANTS

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

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

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

$10,436,000 shall be available to the National Endowment for the

Humanities for the purposes of section 7(h): Provided, That this

appropriation shall be available for obligation only in such amounts

as may be equal to the total amounts of gifts, bequests, and devises

of money, and other property accepted by the chairman or by

grantees of the Endowment under the provisions of subsections

11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal

years for which equal amounts have not previously been appropriated.

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation

on the Arts and the Humanities may be used to process any grant
H. R. 2691—61

or contract documents which do not include the text of 18 U.S.C.

1913: Provided, That none of the funds appropriated to the National

Foundation on the Arts and the Humanities may be used for official

reception and representation expenses: Provided further, That funds

from nonappropriated sources may be used as necessary for official

reception and representation expenses: Provided further, That the

Chairperson of the National Endowment for the Arts may approve

grants up to $10,000, if in the aggregate this amount does not

exceed 5 percent of the sums appropriated for grant-making purposes per year: Provided further, That such small grant actions

are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the

Chairperson.

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $1,422,000: Provided, That the

Commission is authorized to charge fees to cover the full costs

of its publications, and such fees shall be credited to this account

as an offsetting collection, to remain available until expended without further appropriation.

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190

(20 U.S.C. 956(a)), as amended, $7,000,000.

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic

Preservation (Public Law 89–665, as amended), $4,000,000: Provided, That none of these funds shall be available for compensation

of level V of the Executive Schedule or higher positions.

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital

Planning Act of 1952 (40 U.S.C. 71–71i), including services as authorized by 5 U.S.C. 3109, $7,730,000: Provided, That for fiscal

year 2004 and thereafter, all appointed members of the Commission

will be compensated at a rate not to exceed the daily equivalent

of the annual rate of pay for positions at level IV of the Executive

Schedule for each day such member is engaged in the actual

performance of duties.

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized

by Public Law 106–292 (36 U.S.C. 2301–2310), $39,997,000, of
H. R. 2691—62

which $1,900,000 for the museum’s repair and rehabilitation pro- gram and $1,264,000 for the museum’s exhibitions program shall

remain available until expended.

PRESIDIO TRUST

PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus Parks and Public Lands Management Act of 1996, $20,700,000

shall be available to the Presidio Trust, to remain available until

expended.

TITLE III—GENERAL PROVISIONS

SEC. 301. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under

existing law, or under existing Executive order issued pursuant

to existing law.

SEC. 302. No part of any appropriation contained in this Act

shall be available for any activity or the publication or distribution

of literature that in any way tends to promote public support

or opposition to any legislative proposal on which congressional

action is not complete.

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

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

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

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

employee of such department or agency except as otherwise provided

by law.

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

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

notice of such assessments and the basis therefor are presented

to the Committees on Appropriations and are approved by such

committees.

SEC. 306. None of the funds in this Act may be used to plan,

prepare, or offer for sale timber from trees classified as giant

sequoia (Sequoiadendron giganteum) which are located on National

Forest System or Bureau of Land Management lands in a manner

different than such sales were conducted in fiscal year 2003.

SEC. 307. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall

be obligated or expended to accept or process applications for a

patent for any mining or mill site claim located under the general

mining laws.

(b) EXCEPTIONS.—The provisions of subsection (a) shall not

apply if the Secretary of the Interior determines that, for the

claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements

established under sections 2325 and 2326 of the Revised Statutes

(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329,

2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36,

and 37) for placer claims, and section 2337 of the Revised Statutes
H. R. 2691—63

(30 U.S.C. 42) for mill site claims, as the case may be, were

fully complied with by the applicant by that date.

(c) REPORT.—On September 30, 2004, the Secretary of the

Interior shall file with the House and Senate Committees on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources

of the Senate a report on actions taken by the Department under

the plan submitted pursuant to section 314(c) of the Department

of the Interior and Related Agencies Appropriations Act, 1997

(Public Law 104–208).

(d) MINERAL EXAMINATIONS.—In order to process patent

applications in a timely and responsible manner, upon the request

of a patent applicant, the Secretary of the Interior shall allow

the applicant to fund a qualified third-party contractor to be selected

by the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management

shall have the sole responsibility to choose and pay the thirdparty contractor in accordance with the standard procedures

employed by the Bureau of Land Management in the retention

of third-party contractors.

SEC. 308. Notwithstanding any other provision of law, amounts

appropriated to or earmarked in committee reports for the Bureau

of Indian Affairs and the Indian Health Service by Public Laws

103–138, 103–332, 104–134, 104–208, 105–83, 105–277, 106–113,

106–291, 107–63, and 108–7 for payments to tribes and tribal

organizations for contract support costs associated with self-determination or self-governance contracts, grants, compacts, or annual

funding agreements with the Bureau of Indian Affairs or the Indian

Health Service as funded by such Acts, are the total amounts

available for fiscal years 1994 through 2003 for such purposes,

except that, for the Bureau of Indian Affairs, tribes and tribal

organizations may use their tribal priority allocations for unmet

indirect costs of ongoing contracts, grants, self-governance compacts

or annual funding agreements.

SEC. 309. Of the funds provided to the National Endowment

for the Arts—

(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American

Jazz Masters Fellowship.

(2) The Chairperson shall establish procedures to ensure

that no funding provided through a grant, except a grant made

to a State or local arts agency, or regional group, may be

used to make a grant to any other organization or individual

to conduct activity independent of the direct grant recipient.

Nothing in this subsection shall prohibit payments made in

exchange for goods and services.

(3) No grant shall be used for seasonal support to a group,

unless the application is specific to the contents of the season,

including identified programs and/or projects.

SEC. 310. The National Endowment for the Arts and the

National Endowment for the Humanities are authorized to solicit,

accept, receive, and invest in the name of the United States, gifts,

bequests, or devises of money and other property or services and

to use such in furtherance of the functions of the National Endowment for the Arts and the National Endowment for the Humanities.
H. R. 2691—64

Any proceeds from such gifts, bequests, or devises, after acceptance

by the National Endowment for the Arts or the National Endowment for the Humanities, shall be paid by the donor or the representative of the donor to the Chairman. The Chairman shall

enter the proceeds in a special interest-bearing account to the

credit of the appropriate endowment for the purposes specified

in each case.

SEC. 311. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the

Chairperson of the National Endowment for the Arts shall ensure

that priority is given to providing services or awarding financial

assistance for projects, productions, workshops, or programs that

serve underserved populations.

(b) In this section:

(1) The term ‘‘underserved population’’ means a population

of individuals, including urban minorities, who have historically

been outside the purview of arts and humanities programs

due to factors such as a high incidence of income below the

poverty line or to geographic isolation.

(2) The term ‘‘poverty line’’ means the poverty line (as

defined by the Office of Management and Budget, and revised

annually in accordance with section 673(2) of the Community

Services Block Grant Act (42 U.S.C. 9902(2)) (applicable to

a family of the size involved.

(c) In providing services and awarding financial assistance

under the National Foundation on the Arts and Humanities Act

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

the National Endowment for the Arts shall ensure that priority

is given to providing services or awarding financial assistance for

projects, productions, workshops, or programs that will encourage

public knowledge, education, understanding, and appreciation of

the arts.

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

5 of the National Foundation on the Arts and Humanities Act

of 1965—

(1) the Chairperson shall establish a grant category for

projects, productions, workshops, or programs that are of

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

(2) the Chairperson shall not make grants exceeding 15

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

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

(3) the Chairperson shall report to the Congress annually

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

grant category under section 5 of such Act; and

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

improve and support community-based music performance and

education.

SEC. 312. No part of any appropriation contained in this Act

shall be expended or obligated to complete and issue the 5-year

program under the Forest and Rangeland Renewable Resources

Planning Act.

SEC. 313. None of the funds in this Act may be used to support

Government-wide administrative functions unless such functions

are justified in the budget process and funding is approved by

the House and Senate Committees on Appropriations.
H. R. 2691—65

SEC. 314. Notwithstanding any other provision of law, none

of the funds in this Act may be used for GSA Telecommunication

Centers.

SEC. 315. Notwithstanding any other provision of law, for fiscal

year 2004 the Secretaries of Agriculture and the Interior are authorized to limit competition for watershed restoration project contracts

as part of the ‘‘Jobs in the Woods’’ Program established in Region

10 of the Forest Service to individuals and entities in historically

timber-dependent areas in the States of Washington, Oregon,

northern California, Idaho, Montana, and Alaska that have been

affected by reduced timber harvesting on Federal lands. The Secretaries shall consider the benefits to the local economy in evaluating

bids and designing procurements which create economic opportunities for local contractors.

SEC. 316. Amounts deposited during fiscal year 2003 in the

roads and trails fund provided for in the 14th paragraph under

the heading ‘‘FOREST SERVICE’’ of the Act of March 4, 1913

(37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of

Agriculture, without regard to the State in which the amounts

were derived, to repair or reconstruct roads, bridges, and trails

on National Forest System lands or to carry out and administer

projects to improve forest health conditions, which may include

the repair or reconstruction of roads, bridges, and trails on National

Forest System lands in the wildland-community interface where

there is an abnormally high risk of fire. The projects shall emphasize reducing risks to human safety and public health and property

and enhancing ecological functions, long-term forest productivity,

and biological integrity. The projects may be completed in a subsequent fiscal year. Funds shall not be expended under this section

to replace funds which would otherwise appropriately be expended

from the timber salvage sale fund. Nothing in this section shall

be construed to exempt any project from any environmental law.

SEC. 317. Other than in emergency situations, none of the

funds in this Act may be used to operate telephone answering

machines during core business hours unless such answering

machines include an option that enables callers to reach promptly

an individual on-duty with the agency being contacted.

SEC. 318. No timber sale in Region 10 shall be advertised

if the indicated rate is deficit when appraised using a residual

value approach that assigns domestic Alaska values for western

redcedar. Program accomplishments shall be based on volume sold.

Should Region 10 sell, in fiscal year 2004, the annual average

portion of the decadal allowable sale quantity called for in the

current Tongass Land Management Plan in sales which are not

deficit when appraised using a residual value approach that assigns

domestic Alaska values for western redcedar, all of the western

redcedar timber from those sales which is surplus to the needs

of domestic processors in Alaska, shall be made available to

domestic processors in the contiguous 48 United States at prevailing

domestic prices. Should Region 10 sell, in fiscal year 2003, less

than the annual average portion of the decadal allowable sale

quantity called for in the Tongass Land Management Plan in sales

which are not deficit when appraised using a residual value

approach that assigns domestic Alaska values for western redcedar,

the volume of western redcedar timber available to domestic processors at prevailing domestic prices in the contiguous 48 United

States shall be that volume: (i) which is surplus to the needs
H. R. 2691—66

of domestic processors in Alaska; and (ii) is that percent of the

surplus western redcedar volume determined by calculating the

ratio of the total timber volume which has been sold on the Tongass

to the annual average portion of the decadal allowable sale quantity

called for in the current Tongass Land Management Plan. The

percentage shall be calculated by Region 10 on a rolling basis

as each sale is sold (for purposes of this amendment, a ‘‘rolling

basis’’ shall mean that the determination of how much western

redcedar is eligible for sale to various markets shall be made

at the time each sale is awarded). Western redcedar shall be deemed

‘‘surplus to the needs of domestic processors in Alaska’’ when the

timber sale holder has presented to the Forest Service documentation of the inability to sell western redcedar logs from a given

sale to domestic Alaska processors at a price equal to or greater

than the log selling value stated in the contract. All additional

western redcedar volume not sold to Alaska or contiguous 48 United

States domestic processors may be exported to foreign markets

at the election of the timber sale holder. All Alaska yellow cedar

may be sold at prevailing export prices at the election of the

timber sale holder.

SEC. 319. A project undertaken by the Forest Service under

the Recreation Fee Demonstration Program as authorized by section

315 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1996, as amended, shall not result

in—

(1) displacement of the holder of an authorization to provide

commercial recreation services on Federal lands. Prior to initiating any project, the Secretary shall consult with potentially

affected holders to determine what impacts the project may

have on the holders. Any modifications to the authorization

shall be made within the terms and conditions of the authorization and authorities of the impacted agency; and

(2) the return of a commercial recreation service to the

Secretary for operation when such services have been provided

in the past by a private sector provider, except when—

(A) the private sector provider fails to bid on such

opportunities;

(B) the private sector provider terminates its relationship with the agency; or

(C) the agency revokes the permit for non-compliance

with the terms and conditions of the authorization.

In such cases, the agency may use the Recreation Fee Demonstration Program to provide for operations until a subsequent operator

can be found through the offering of a new prospectus.

SEC. 320. Prior to October 1, 2004, the Secretary of Agriculture

shall not be considered to be in violation of subparagraph 6(f)(5)(A)

of the Forest and Rangeland Renewable Resources Planning Act

of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years

have passed without revision of the plan for a unit of the National

Forest System. Nothing in this section exempts the Secretary from

any other requirement of the Forest and Rangeland Renewable

Resources Planning Act (16 U.S.C. 1600 et seq.) or any other

law: Provided, That if the Secretary is not acting expeditiously

and in good faith, within the funding available, to revise a plan

for a unit of the National Forest System, this section shall be

void with respect to such plan and a court of proper jurisdiction

may order completion of the plan on an accelerated basis.
H. R. 2691—67

SEC. 321. No funds provided in this Act may be expended

to conduct preleasing, leasing and related activities under either

the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the

boundaries of a National Monument established pursuant to the

Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary

existed on January 20, 2001, except where such activities are

allowed under the Presidential proclamation establishing such

monument.

SEC. 322. EXTENSION OF FOREST SERVICE CONVEYANCES PILOT

PROGRAM.—Section 329 of the Department of the Interior and

Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note;

Public Law 107–63) is amended—

(1) in subsection (b), by striking ‘‘20’’ and inserting ‘‘30’’;

(2) in subsection (c) by striking ‘‘3’’ and inserting ‘‘8’’; and

(3) in subsection (d), by striking ‘‘2006’’ and inserting

‘‘2007’’.

SEC. 323. Employees of the foundations established by Acts

of Congress to solicit private sector funds on behalf of Federal

land management agencies shall, in fiscal year 2005, qualify for

General Service Administration contract airfares.

SEC. 324. In entering into agreements with foreign countries

pursuant to the Wildfire Suppression Assistance Act (42 U.S.C.

1856m) the Secretary of Agriculture and the Secretary of the

Interior are authorized to enter into reciprocal agreements in which

the individuals furnished under said agreements to provide wildfire

services are considered, for purposes of tort liability, employees

of the country receiving said services when the individuals are

engaged in fire suppression: Provided, That the Secretary of Agriculture or the Secretary of the Interior shall not enter into any

agreement under this provision unless the foreign country (either

directly or through its fire organization) agrees to assume any

and all liability for the acts or omissions of American firefighters

engaged in firefighting in a foreign country: Provided further, That

when an agreement is reached for furnishing fire fighting services,

the only remedies for acts or omissions committed while fighting

fires shall be those provided under the laws of the host country,

and those remedies shall be the exclusive remedies for any claim

arising out of fighting fires in a foreign country: Provided further,

That neither the sending country nor any legal organization associated with the firefighter shall be subject to any legal action whatsoever pertaining to or arising out of the firefighter’s role in fire

suppression.

SEC. 325. A grazing permit or lease issued by the Secretary

of the Interior or a grazing permit issued by the Secretary of

Agriculture where National Forest System lands are involved that

expires, is transferred, or waived during fiscal years 2004–2008

shall be renewed under section 402 of the Federal Land Policy

and Management Act of 1976, as amended (43 U.S.C. 1752), section

19 of the Granger-Thye Act, as amended (16 U.S.C. 5801), title

III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et

seq.), or, if applicable, section 510 of the California Desert Protection

Act (16 U.S.C. 410aaa–50). The terms and conditions contained

in the expired, transferred, or waived permit or lease shall continue

in effect under the renewed permit or lease until such time as

the Secretary of the Interior or Secretary of Agriculture as appropriate completes processing of such permit or lease in compliance
H. R. 2691—68

with all applicable laws and regulations, at which time such permit

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

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

regulations. Nothing in this section shall be deemed to alter the

statutory authority of the Secretary of the Interior or the Secretary

of Agriculture: Provided, That where National Forest System lands

are involved and the Secretary of Agriculture has renewed an

expired or waived grazing permit prior to fiscal year 2004, the

terms and conditions of the renewed grazing permit shall remain

in effect until such time as the Secretary of Agriculture completes

processing of the renewed permit in compliance with all applicable

laws and regulations or until the expiration of the renewed permit,

whichever comes first. Upon completion of the processing, the

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

part, to meet the requirements of applicable laws and regulations:

Provided further, That beginning in November 2004, and every

year thereafter, the Secretaries of the Interior and Agriculture

shall report to Congress the extent to which they are completing

analysis required under applicable laws prior to the expiration

of grazing permits, and beginning in May 2004, and every two

years thereafter, the Secretaries shall provide Congress recommendations for legislative provisions necessary to ensure all

permit renewals are completed in a timely manner. The legislative

recommendations provided shall be consistent with the funding

levels requested in the Secretaries’ budget proposals: Provided further, That notwithstanding section 504 of the Rescissions Act (109

Stat. 212), the Secretaries in their sole discretion determine the

priority and timing for completing required environmental analysis

of grazing allotments based on the environmental significance of

the allotments and funding available to the Secretaries for this

purpose: Provided further, That any Federal lands included within

the boundary of Lake Roosevelt National Recreation Area, as designated by the Secretary of the Interior on April 5, 1990 (Lake

Roosevelt Cooperative Management Agreement), that were utilized

as of March 31, 1997, for grazing purposes pursuant to a permit

issued by the National Park Service, the person or persons so

utilizing such lands as of March 31, 1997, shall be entitled to

renew said permit under such terms and conditions as the Secretary

may prescribe, for the lifetime of the permittee or 20 years, whichever is less.

SEC. 326. Notwithstanding any other provision of law or regulation, to promote the more efficient use of the health care funding

allocation for fiscal year 2004, the Eagle Butte Service Unit of

the Indian Health Service, at the request of the Cheyenne River

Sioux Tribe, may pay base salary rates to health professionals

up to the highest grade and step available to a physician, pharmacist, or other health professional and may pay a recruitment

or retention bonus of up to 25 percent above the base pay rate.

SEC. 327. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government except pursuant to a transfer made

by, or transfer authority provided in, this Act or any other appropriations Act.

SEC. 328. None of the funds in this Act may be used to prepare

or issue a permit or lease for oil or gas drilling in the Finger

Lakes National Forest, New York, during fiscal year 2004.
H. R. 2691—69

SEC. 329. None of the funds made available in this Act may

be used for the planning, design, or construction of improvements

to Pennsylvania Avenue in front of the White House without the

advance approval of the Committees on Appropriations.

SEC. 330. In awarding a Federal Contract with funds made

available by this Act, the Secretary of Agriculture and the Secretary

of the Interior (the ‘‘Secretaries’’) may, in evaluating bids and

proposals, give consideration to local contractors who are from,

and who provide employment and training for, dislocated and displaced workers in an economically disadvantaged rural community,

including those historically timber-dependent areas that have been

affected by reduced timber harvesting on Federal lands and other

forest-dependent rural communities isolated from significant alternative employment opportunities: Provided, That the Secretaries

may award grants or cooperative agreements to local non-profit

entities, Youth Conservation Corps or related partnerships with

State, local or non-profit youth groups, or small or disadvantaged

business: Provided further, That the contract, grant, or cooperative

agreement is for forest hazardous fuels reduction, watershed or

water quality monitoring or restoration, wildlife or fish population

monitoring, or habitat restoration or management: Provided further,

That the terms ‘‘rural community’’ and ‘‘economically disadvantaged’’ shall have the same meanings as in section 2374 of Public

Law 101–624: Provided further, That the Secretaries shall develop

guidance to implement this section: Provided further, That nothing

in this section shall be construed as relieving the Secretaries of

any duty under applicable procurement laws, except as provided

in this section.

SEC. 331. No funds appropriated in this Act for the acquisition

of lands or interests in lands may be expended for the filing of

declarations of taking or complaints in condemnation without the

approval of the House and Senate Committees on Appropriations:

Provided, That this provision shall not apply to funds appropriated

to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance

to the State of Florida to acquire lands for Everglades restoration

purposes.

SEC. 332. Section 315(f) of the Department of the Interior

and Related Agencies Appropriations Act, 1996 (as contained in

section 101(c) of Public Law 104–134; 110 Stat. 1321–200; 16 U.S.C.

460l–6a note), is amended—

(1) by striking ‘‘September 30, 2004’’ and inserting

‘‘December 31, 2005’’; and

(2) by striking ‘‘2007’’ and inserting ‘‘2008’’.

SEC. 333. IMPLEMENTATION OF GALLATIN LAND CONSOLIDATION

ACT OF 1998. (a) DEFINITIONS.—For purposes of this section:

(1) ‘‘Gallatin Land Consolidation Act of 1998’’ means Public

Law 105–267 (112 Stat. 2371).

(2) ‘‘Option Agreement’’ has the same meaning as defined

in section 3(6) of the Gallatin Land Consolidation Act of 1998.

(3) ‘‘Secretary’’ means the Secretary of Agriculture.

(4) ‘‘Excess receipts’’ means National Forest Fund receipts

from the National Forests in Montana, which are identified

and adjusted by the Forest Service within the fiscal year,

and which are in excess of funds retained for: the Salvage

Sale Fund; the Knutson-Vandenberg Fund; the Purchaser Road/

Specified Road Credits; the Twenty-Five Percent Fund, as
H. R. 2691—70

amended; the Ten Percent Road and Trail Fund; the Timber

Sale Pipeline Restoration Fund; the Fifty Percent Grazing Class

A Receipts Fund; and the Land and Water Conservation Fund

Recreation User Fees Receipts—Class A Fund.

(5) ‘‘Special Account’’ means the special account referenced

in section 4(c)(2) of the Gallatin Land Consolidation Act of

1998.

(6) ‘‘Eastside National Forests’’ has the same meaning as

in section 3(4) of the Gallatin Land Consolidation Act of 1998.

(b) SPECIAL ACCOUNT.—

(1) The Secretary is authorized and directed, without further appropriation or reprogramming of funds, to transfer to

the Special Account these enumerated funds and receipts in

the following order:

(A) timber sale receipts from the Gallatin National

Forest and other Eastside National Forests, as such

receipts are referenced in section 4(a)(2)(C) of the Gallatin

Land Consolidation Act of 1998;

(B) any available funds heretofore appropriated for

the acquisition of lands for National Forest purposes in

the State of Montana through fiscal year 2003;

(C) net receipts from the conveyance of lands on the

Gallatin National Forest as authorized by subsection (c);

and

(D) excess receipts for fiscal years 2003 through 2008.

(2) All funds in the Special Account shall be available

to the Secretary until expended, without further appropriation,

and will be expended prior to the end of fiscal year 2008

for the following purposes:

(A) the completion of the land acquisitions authorized

by the Gallatin Land Consolidation Act of 1998 and fulfillment of the Option Agreement, as may be amended from

time to time; and

(B) the acquisition of lands for which acquisition funds

were transferred to the Special Account pursuant to subsection (b)(1)(B).

(3) The Special Account shall be closed at the end of fiscal

year 2008 and any monies remaining in the Special Account

shall be transferred to the fund established under Public Law

90–171 (commonly known as the ‘‘Sisk Act’’, 16 U.S.C. 484a)

to remain available, until expended, for the acquisition of lands

for National Forest purposes in the State of Montana.

(4) Funds deposited in the Special Account or eligible for

deposit shall not be subject to transfer or reprogramming for

wildland fire management or any other emergency purposes.

(c) LAND CONVEYANCES WITHIN THE GALLATIN NATIONAL

FOREST.—

(1) CONVEYANCE AUTHORITY.—The Secretary is authorized,

under such terms and conditions as the Secretary may prescribe

and without requirements for further administrative or environmental analyses or examination, to sell or exchange any or

all rights, title, and interests of the United States in the following lands within the Gallatin National Forest in the State

of Montana:

(A) SMC East Boulder Mine Portal Tract: Principal

Meridian, T.3S., R.11E., Section 4, lots 3 to 4 inclusive,

W1⁄2SE1⁄4NW1⁄4, containing 76.27 acres more or less.
H. R. 2691—71

(B) Forest Service West Yellowstone Administrative

Site: United States Forest Service Administrative Site

located within the NE1⁄4 of Block 17 of the Townsite of

West Yellowstone which is situated in the N1⁄2 of Section

34, T.13S., R.5E., Principal Meridian, Gallatin County,

Montana, containing 1.04 acres more or less.

(C) Mill Fork Mission Creek Tract: Principal Meridian,

T.13S., R.5E., Section 34, NW1⁄4SW1⁄4, containing 40 acres

more or less.

(D) West Yellowstone Town Expansion Tract #1: Principal Meridian, T.13S., R.5E., Section 33, E1⁄2E1⁄2NE1⁄4,

containing 40 acres more or less.

(E) West Yellowstone Town Expansion Tract #2: Principal Meridian, T.13S., R.5E., Section 33, NE1⁄4SE1⁄4, containing 40 acres more or less.

(2) DESCRIPTIONS.—The Secretary may modify the descriptions in subsection (c)(1) to correct errors or to reconfigure

the properties in order to facilitate a conveyance.

(3) CONSIDERATION.—Consideration for a sale or exchange

of land under this subsection may include cash, land, or a

combination of both.

(4) VALUATION.—Any appraisals of land deemed necessary

or desirable by the Secretary to carry out the purposes of

this section shall conform to the Uniform Appraisal Standards

for Federal Land Acquisitions.

(5) CASH EQUALIZATION.—Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land exchanged

under this subsection.

(6) SOLICITATIONS OF OFFERS.—The Secretary may—

(A) solicit offers for sale or exchange of land under

this subsection on such terms and conditions as the Secretary may prescribe; or

(B) reject any offer made under this subsection if the

Secretary determines that the offer is not adequate or

not in the public interest.

(7) METHODS OF SALE.—The Secretary may sell land at

public or private sale, including competitive sale by auction,

bid, or otherwise, in accordance with such terms, conditions,

and procedures as the Secretary determines will be in the

best interests of the United States.

(8) BROKERS.—The Secretary may utilize brokers or other

third parties in the disposition of the land authorized by this

subsection and, from the proceeds of the sale, may pay reasonable commissions or fees on the sale or sales.

(9) RECEIPTS FROM SALE OR EXCHANGE.—The Secretary

shall deposit the net receipts of a sale or exchange under

this subsection in the Special Account.

(d) MISCELLANEOUS PROVISIONS.—

(1) Receipts from any sale or exchange pursuant to subsection (c) of this section:

(A) Shall not be deemed excess receipts for purposes

of this section.

(B) Shall not be paid or distributed to the State or

counties under any provision of law, or otherwise deemed

as moneys received from the National Forest for purposes

of the Act of May 23, 1908 or the Act of March 1, 1911
H. R. 2691—72

(16 U.S.C. 500, as amended), or the Act of March 4, 1913

(16 U.S.C. 501, as amended).

(2) As of the date of enactment of this section, any public

land order withdrawing land described in subsection (c)(1) from

all forms of appropriation under the public land laws is revoked

with respect to any portion of the land conveyed by the Secretary under this section.

(3) Subject to valid existing rights, all lands described

in section (c)(1) are withdrawn from location, entry, and patent

under the mining laws of the United States.

(4) The Agriculture Property Management Regulations

shall not apply to any action taken pursuant to this section.

(e) OPTION AGREEMENT AMENDMENT.—The Amendment No. 1

to the Option Agreement is hereby ratified as a matter of Federal

law and the parties to it are authorized to effect the terms and

conditions thereof.

SEC. 334. Subsection (c) of section 551 of the Land Between

the Lakes Protection Act of 1998 (16 U.S.C. 460lll–61) is amended

to read as follows:

‘‘(c) USE OF FUNDS.—The Secretary of Agriculture may expend

amounts appropriated or otherwise made available to carry out

this title in a manner consistent with the authorities exercised

by the Tennessee Valley Authority before the transfer of the Recreation Area to the administrative jurisdiction of the Secretary,

including campground management and visitor services, paid

advertisement, and procurement of food and supplies for resale

purposes.’’.

SEC. 335. Section 339 of the Department of the Interior and

Related Agencies Appropriations Act, 2000, as enacted into law

by section 1000(a)(3) of Public Law 106–113 (113 Stat. 1501A–

204; 16 U.S.C. 528 note), is amended—

(1) in subsection (b)—

(A) in the first sentence, by striking ‘‘not less than

the fair market value’’ and inserting ‘‘fees under subsection

(c)’’; and

(B) by striking the second sentence and inserting the

following: ‘‘The Secretary shall establish appraisal methods

and bidding procedures to determine the fair market value

of forest botanical products harvested under the pilot program.’’;

(2) in subsection (c), by striking paragraph (1) and inserting

the following new paragraph (1):

‘‘(1) IMPOSITION AND COLLECTION.—Under the pilot program, the Secretary of Agriculture shall charge and collect

from a person who harvests forest botanical products on

National Forest System lands a fee in an amount established

by the Secretary to recover at least a portion of the fair market

value of the harvested forest botanical products and a portion

of the costs incurred by the Department of Agriculture associated with granting, modifying, or monitoring the authorization

for harvest of the forest botanical products, including the costs

of any environmental or other analysis.’’;

(3) in subsection (d)(1), by striking ‘‘charges and fees under

subsections (b) and’’ and inserting ‘‘a fee under subsection’’;

(4) in subsection (f)—

(A) in paragraph (1), by striking ‘‘subsections (b) and’’

and inserting ‘‘subsection’’;
H. R. 2691—73

(B) in paragraph (2), by striking ‘‘in excess of the

amounts collected for forest botanical products during fiscal

year 1999’’;

(C) in paragraph (3), by striking ‘‘charges and fees

collected at that unit under the pilot program to pay for’’

and all that follows through the period at the end and

inserting ‘‘fees collected at that unit under subsection (c)

to pay for the costs of conducting inventories of forest

botanical products, determining sustainable levels of harvest, monitoring and assessing the impacts of harvest levels

and methods, conducting restoration activities, including

any necessary vegetation, and covering costs of the Department of Agriculture described in subsection (c)(1).’’; and

(D) in paragraph (4), by striking ‘‘subsections (b) and’’

and inserting ‘‘subsection’’;

(5) in subsection (g)—

(A) by striking ‘‘charges and fees under subsections

(b) and’’ and inserting ‘‘fees under subsection’’; and

(B) by striking ‘‘subsections (b) and’’ the second place

it appears and inserting ‘‘subsection’’; and

(6) in subsection (h), by striking paragraph (1) and inserting

the following new paragraph (1):

‘‘(1) COLLECTION OF FEES.—The Secretary of Agriculture

may collect fees under the authority of subsection (c) until

September 30, 2009.’’.

SEC. 336. TRANSFER OF FOREST LEGACY PROGRAM LAND. Section

7(l) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.

2103c(l)) is amended by inserting after paragraph (2) the following:

‘‘(3) TRANSFER OF FOREST LEGACY PROGRAM LAND—

‘‘(A) IN GENERAL.—Subject to any terms and conditions

that the Secretary may require (including the requirements

described in subparagraph (B)), the Secretary may, at the

request of the State of Vermont, convey to the State, by

quitclaim deed, without consideration, any land or interest

in land acquired in the State under the Forest Legacy

Program.

‘‘(B) REQUIREMENTS.—In conveying land or an interest

in land under subparagraph (A), the Secretary may require

that—

‘‘(i) the deed conveying the land or interest in

land include requirements for the management of the

land in a manner that—

‘‘(I) conserves the land or interest in land;

and

‘‘(II) is consistent with any other Forest Legacy

Program purposes for which the land or interest

in land was acquired;

‘‘(ii) if the land or interest in land is subsequently

sold, exchanged, or otherwise disposed of by the State

of Vermont, the State shall—

‘‘(I) reimburse the Secretary in an amount that

is based on the current market value of the land

or interest in land in proportion to the amount

of consideration paid by the United States for the

land or interest in land; or
H. R. 2691—74

‘‘(II) convey to the Secretary land or an

interest in land that is equal in value to the land

or interest in land conveyed.

‘‘(C) DISPOSITION OF FUNDS.—Amounts received by the

Secretary under subparagraph (B)(ii) shall be credited to

the Wildland Fire Management account, to remain available until expended.’’.

SEC. 337. Notwithstanding section 9(b) of Public Law 106–

506, funds hereinafter appropriated under Public Law 106–506

shall require matching funds from non-Federal sources on the basis

of aggregate contribution to the Environmental Improvement Program, as defined in Public Law 106–506, rather than on a projectby-project basis, except for those activities provided under section

9(c) of that Act, to which this amendment shall not apply.

SEC. 338. Any application for judicial review of a Record of

Decision for any timber sale in Region 10 of the Forest Service

that had a Notice of Intent prepared on or before January 1,

2003 shall—

(1) be filed in the Alaska District of the Federal District

Court within 30 days after exhaustion of the Forest Service

administrative appeals process (36 CFR 215) or within 30 days

of enactment of this Act if the administrative appeals process

has been exhausted prior to enactment of this Act, and the

Forest Service shall strictly comply with the schedule for

completion of administrative action; and

(2) be completed and a decision rendered by the court

not later than 180 days from the date such request for review

is filed; if a decision is not rendered by the court within 180

days as required by this subsection, the Secretary of Agriculture

shall petition the court to proceed with the action.

SEC. 339. (a) IN GENERAL.—The Secretary of Agriculture may

cancel, with the consent of the timber purchaser, a maximum of

70 contracts for the sale of timber awarded between October 1,

1995 and January 1, 2002 on the Tongass National Forest in

Alaska if—

(1) the Secretary determines, in the Secretary’s sole discretion, that the sale would result in a financial loss to the purchaser and the costs to the government of seeking a legal

remedy against the purchaser would likely exceed the cost

of terminating the contract; and

(2) the timber purchaser agrees to—

(A) terminate its rights under the contract; and

(B) release the United States from all liability,

including further consideration or compensation resulting

from such cancellation.

(b) EFFECT OF CANCELLATION.—

(1) IN GENERAL.—The United States shall not surrender

any claim against a timber purchaser that arose under a contract before cancellation under this section not in connection

with the cancellation.

(2) LIMITATION.—Cancellation of a contract under this section shall release the timber purchaser from liability for any

damages resulting from cancellation of such contract.

(c) TIMBER AVAILABLE FOR RESALE.—Timber included in a contract cancelled under this section shall be available for resale by

the Secretary of Agriculture.
H. R. 2691—75

SEC. 340. (a) JUSTIFICATION OF COMPETITIVE SOURCING ACTIVITIES.—(1) In each budget submitted by the President to Congress

under section 1105 of title 31, United States Code, for a fiscal

year, beginning with fiscal year 2005, amounts requested to perform

competitive sourcing studies for programs, projects, and activities

listed in paragraph (2) shall be set forth separately from other

amounts requested.

(2) Paragraph (1) applies to programs, projects, and activities—

(A) of the Department of the Interior for which funds

are appropriated by this Act;

(B) of the Forest Service; and

(C) of the Department of Energy for which funds are appropriated by this Act.

(b) ANNUAL REPORTING REQUIREMENTS ON COMPETITIVE

SOURCING ACTIVITIES.—(1) Not later than December 31 of each

year, beginning with December 31, 2003, the Secretary concerned

shall submit to the Committees on Appropriations of the Senate

and the House of Representatives a report, covering the preceding

fiscal year, on the competitive sourcing studies conducted by the

Department of the Interior, the Forest Service, or the Department

of Energy, as appropriate, and the costs and cost savings to the

citizens of the United States of such studies.

(2) In this subsection, the term ‘‘Secretary concerned’’ means—

(A) the Secretary of the Interior, with respect to the Department of the Interior programs, projects, and activities for which

funds are appropriated by this Act;

(B) the Secretary of Agriculture, with respect to the Forest

Service; and

(C) the Secretary of Energy, with respect to the Department

of Energy programs, projects, and activities for which funds

are appropriated by this Act.

(3) The report under this subsection shall include, for the

fiscal year covered—

(A) the total number of competitions completed;

(B) the total number of competitions announced, together

with a list of the activities covered by such competitions;

(C) the total number of full-time equivalent Federal

employees studied under completed competitions;

(D) the total number of full-time equivalent Federal

employees being studied under competitions announced, but

not completed;

(E) the incremental cost directly attributable to conducting

the competitions identified under subparagraphs (A) and (B),

including costs attributable to paying outside consultants and

contractors;

(F) an estimate of the total anticipated savings, or a quantifiable description of improvements in service or performance,

derived from completed competitions;

(G) actual savings, or a quantifiable description of improvements in service or performance, derived from the implementation of competitions;

(H) the total projected number of full-time equivalent Federal employees covered by competitions scheduled to be

announced in the fiscal year; and

(I) a description of how the competitive sourcing decision

making processes are aligned with strategic workforce plans.
H. R. 2691—76

(c) DECLARATION OF COMPETITIVE SOURCING STUDIES.—For

fiscal year 2004, each of the Secretaries of executive departments

referred to in subsection (b)(2) shall submit a detailed competitive

sourcing proposal to the Committees on Appropriations of the

Senate and the House of Representatives not later than 60 days

after the date of the enactment of this Act. The proposal shall

include, for each competitive sourcing study proposed to be carried

out by or for the Secretary concerned, the number of positions

to be studied, the amount of funds needed for the study, and

the program, project, and activity from which the funds will be

expended.

(d) LIMITATION ON COMPETITIVE SOURCING STUDIES.—(1) Of

the funds made available by this or any other Act to the Department

of Energy or the Department of the Interior for fiscal year 2004,

not more than the maximum amount specified in paragraph (2)(A)

may be used by the Secretary of Energy or the Secretary of the

Interior to initiate or continue competitive sourcing studies in fiscal

year 2004 for programs, projects, and activities for which funds

are appropriated by this Act until such time as the Secretary

concerned submits a reprogramming proposal to the Committees

on Appropriations of the Senate and the House of Representatives,

and such proposal has been processed consistent with the fiscal

year 2004 reprogramming guidelines.

(2) For the purposes of paragraph (1)—

(A) the maximum amount—

(i) with respect to the Department of Energy is

$500,000; and

(ii) with respect to the Department of the Interior

is $2,500,000; and

(B) the fiscal year 2004 reprogramming guidelines referred

to in such paragraph are the reprogramming guidelines set

forth in the joint explanatory statement accompanying the Act

(H.R. 2691, 108th Congress, 1st session), making appropriations

for the Department of the Interior and related agencies for

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

(3) Of the funds appropriated by this Act, not more than

$5,000,000 may be used in fiscal year 2004 for competitive sourcing

studies and related activities by the Forest Service.

(e) LIMITATION ON CONVERSION TO CONTRACTOR PERFORMANCE.—(1) None of the funds made available in this or any other

Act may be used to convert to contractor performance an activity

or function of the Forest Service, an activity or function of the

Department of the Interior performed under programs, projects,

and activities for which funds are appropriated by this Act, or

an activity or function of the Department of Energy performed

under programs, projects, and activities for which funds are appropriated by this Act, if such activity or function is performed on

or after the date of the enactment of this Act by more than 10

Federal employees unless—

(A) the conversion is based on the result of a public-private

competition that includes a more efficient and cost effective

organization plan developed by such activity or function; and

(B) the Competitive Sourcing Official determines that, over

all performance periods stated in the solicitation of offers for

performance of the activity or function, the cost of performance

of the activity or function by a contractor would be less costly
H. R. 2691—77

to the Federal Government by an amount that equals or exceeds

the lesser of—

(i) 10 percent of the more efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or

(ii) $10,000,000.

(2) This subsection shall not apply to a commercial or industrial

type function that—

(A) is included on the procurement list established pursuant

to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47);

(B) is planned to be converted to performance by a qualified

nonprofit agency for the blind or by a qualified nonprofit agency

for other severely handicapped individuals in accordance with

that Act; or

(C) is planned to be converted to performance by a qualified

firm under at least 51 percent ownership by an Indian tribe,

as defined in section 4(e) of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 450b(e)), or a Native

Hawaiian Organization, as defined in section 8(a)(15) of the

Small Business Act (15 U.S.C. 637(a)(15)).

(3) The conversion of any activity or function under the

authority provided by this subsection shall be credited toward any

competitive or outsourcing goal, target, or measurement that may

be established by statute, regulation, or policy.

(f) COMPETITIVE SOURCING STUDY DEFINED.—In this subsection,

the term ‘‘competitive sourcing study’’ means a study on subjecting

work performed by Federal Government employees or private contractors to public-private competition or on converting the Federal

Government employees or the work performed by such employees

to private contractor performance under the Office of Management

and Budget Circular A–76 or any other administrative regulation,

directive, or policy.

SEC. 341. Section 4(e)(3)(A)(vi) of the Southern Nevada Public

Land Management Act of 1998 (112 Stat. 2346; 116 Stat. 2007)

is amended by striking ‘‘under this Act’’ and inserting ‘‘under this

Act, including costs incurred under paragraph (2)(A)’’.

SEC. 342. LAKE TAHOE RESTORATION PROJECTS. Section

4(e)(3)(A) of the Southern Nevada Public Land Management Act

of 1998 (112 Stat. 2346; 116 Stat. 2007) is further amended—

(1) in clause (v), by striking ‘‘and’’ at the end;

(2) by redesignating clause (vi) as clause (vii); and

(3) by inserting after clause (v) the following:

‘‘(vi) transfer to the Secretary of Agriculture, or,

if the Secretary of Agriculture enters into a cooperative

agreement with the head of another Federal agency,

the head of the Federal agency, for Federal environmental restoration projects under sections 6 and 7

of the Lake Tahoe Restoration Act (114 Stat. 2354),

environmental improvement payments under section

2(g) of Public Law 96–586 (94 Stat. 3382), and any

Federal environmental restoration project included in

the environmental improvement program adopted by

the Tahoe Regional Planning Agency in February 1998

(as amended), in an amount equal to the cumulative

amounts authorized to be appropriated for such

projects under those Acts, in accordance with a revision

to the Southern Nevada Public Land Management Act
H. R. 2691—78

of 1998 Implementation Agreement to implement this

section, which shall include a mechanism to ensure

appropriate stakeholders from the States of California

and Nevada participate in the process to recommend

projects for funding; and’’.

SEC. 343. Estimated overhead charges, deductions, reserves

or holdbacks from programs, projects and activities to support

governmentwide, departmental, agency or bureau administrative

functions or headquarters, regional or central office operations shall

be presented in annual budget justifications. Changes to such estimates shall be presented to the Committees on Appropriations

for approval.

SEC. 344. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby

rescinded an amount equal to 0.646 percent of—

(1) the budget authority provided for fiscal year 2004 for

any discretionary account in this Act; and

(2) the budget authority provided in any advance appropriation for fiscal year 2004 for any discretionary account in the

Department of the Interior and Related Agencies Appropriations Act, 2003.

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—

(1) to each discretionary account and each item of budget

authority described in subsection (a); and

(2) within each such account and item, to each program,

project, and activity (with programs, projects, and activities

as delineated in the appropriation Act or accompanying reports

for the relevant fiscal year covering such account or item,

or for accounts and items not included in appropriation Acts,

as delineated in the most recently submitted President’s

budget).

TITLE IV—THE FLATHEAD AND KOOTENAI NATIONAL

FOREST REHABILITATION ACT

SEC. 401. SHORT TITLE. This title may be cited as the ‘‘Flathead

and Kootenai National Forest Rehabilitation Act of 2003’’.

SEC. 402. FINDINGS AND PURPOSE. (a) FINDINGS.—Congress

finds that—

(1) the Robert Fire and Wedge Fire of 2003 caused extensive resource damage in the Flathead National Forest;

(2) the fires of 2000 caused extensive resource damage

on the Kootenai National Forest and implementation of

rehabilitation and recovery projects developed by the agency

for the Forest is critical;

(3) the environmental planning and analysis to restore

areas affected by the Robert Fire and Wedge Fire will be

completed through a collaborative community process;

(4) the rehabilitation of burned areas needs to be completed

in a timely manner in order to reduce the long-term environmental impacts; and

(5) wildlife and watershed resource values will be maintained in areas affected by the Robert Fire and Wedge Fire

while exempting the rehabilitation effort from certain applications of the National Environmental Policy Act (NEPA) and

the Clean Water Act (CWA).
H. R. 2691—79

(b) The purpose of this title is to accomplish in a collaborative

environment, the planning and rehabilitation of the Robert Fire

and Wedge Fire and to ensure timely implementation of recovery

and rehabilitation projects on the Kootenai National Forest.

SEC. 403. REHABILITATION PROJECTS. (a) IN GENERAL.—The

Secretary of Agriculture (in this title referred to as the ‘‘Secretary’’)

may conduct projects that the Secretary determines are necessary

to rehabilitate and restore, and may conduct salvage harvests on,

National Forest System lands in the North Fork drainage on the

Flathead National Forest, as generally depicted on a map entitled

‘‘North Fork Drainage’’ which shall be on file and available for

public inspection in the Office of Chief, Forest Service, Washington,

D.C.

(b) PROCEDURE.—

(1) IN GENERAL.—Except as otherwise provided by this

title, the Secretary shall conduct projects under this title in

accordance with—

(A) the National Environmental Policy Act (42 U.S.C.

4321 et seq.); and

(B) other applicable laws.

(2) ENVIRONMENTAL ASSESSMENT OR IMPACT STATEMENT.—

If an environmental assessment or an environmental impact

statement (pursuant to section 102(2) of the National Environmental Policy Act (42 U.S.C. 4332(2)) is required for a project

under this title, the Secretary shall not be required to study,

develop, or describe any alternative to the proposed agency

action in the environmental assessment or the environmental

impact statement.

(3) PUBLIC COLLABORATION.—To encourage meaningful

participation during preparation of a project under this title,

the Secretary shall facilitate collaboration among the State

of Montana, local governments, and Indian tribes, and participation of interested persons, during the preparation of each

project in a manner consistent with the Implementation Plan

for the 10-year Comprehensive Strategy of a Collaborative

Approach for Reducing Wildland Fire Risks to Communities

and the Environment, dated May 2002, which was developed

pursuant to the conference report for the Department of the

Interior and Related Agencies Appropriations Act, 2001 (House

Report 106–646).

(4) COMPLIANCE WITH CLEAN WATER ACT.—Consistent with

the Clean Water Act (33 U.S.C. 1251 et seq.) and Montana

Code 75–5–703(10)(b), the Secretary is not prohibited from

implementing projects under this title due to the lack of a

Total Maximum Daily Load as provided for under section 303(d)

of the Clean Water Act (33 U.S.C. 1313(d)), except that the

Secretary shall comply with any best management practices

required by the State of Montana.

(5) ENDANGERED SPECIES ACT CONSULTATION.—If a consultation is required under section 7 of the Endangered Species

Act (16 U.S.C. 1536) for a project under this title, the Secretary

of the Interior shall expedite and give precedence to such consultation over any similar requests for consultation by the

Secretary.

(6) ADMINISTRATIVE APPEALS.—Section 322 of the Department of the Interior and Related Agencies Appropriations Act,

1993 (Public Law 102–381; 16 U.S.C. 1612 note) and section
H. R. 2691—80

215 of title 36, Code of Federal Regulations shall apply to

projects under this title.

SEC. 404. CONTRACTING AND COOPERATIVE AGREEMENTS. (a)

IN GENERAL.—Notwithstanding chapter 63 of title 31, United States

Code, the Secretary may enter into contract or cooperative agreements to carry out a project under this title.

(b) EXEMPTION.—Notwithstanding any other provisions of law,

the Secretary may limit competition for a contract or a cooperative

agreement under subsection (a).

SEC. 405. MONITORING REQUIREMENTS. (a) IN GENERAL.—The

Secretary shall establish a multiparty monitoring group consisting

of a representative number of interested parties, as determined

by the Secretary, to monitor the performance and effectiveness

of projects conducted under this title.

(b) REPORTING REQUIREMENTS.—The multiparty monitoring

group shall prepare annually a report to the Secretary on the

progress of the projects conducted under this title in rehabilitating

and restoring the North Fork drainage. The Secretary shall submit

the report to the Senate Subcommittee on Interior Appropriations

of the Senate Committee on Appropriations.

SEC. 406. SUNSET. The authority for the Secretary to issue

a decision to carry out a project under this title shall expire 5

years from the date of enactment.

SEC. 407. IMPLEMENTATION OF RECORDS OF DECISION. The Secretary of Agriculture shall publish new information regarding forest

wide estimates of old growth from volume 103 of the administrative

record in the case captioned Ecology Center v. Castaneda, CV–

02–200–M–DWM (D. Mont.) for public comment for a 30-day period.

The Secretary shall review any comments received during the comment period and decide whether to modify the Records of Decision

(hereinafter referred to as the ‘‘ROD’s’’) for the Pinkham, White

Pine, Kelsey-Beaver, Gold/Boulder/Sullivan, and Pink Stone projects

on the Kootenai National Forest. The ROD’s, whether modified

or not, shall not be deemed arbitrary and capricious under the

NFMA, NEPA or other applicable law as long as each project

area retains 10 percent designated old growth below 5,500 feet

elevation in third order watersheds in which the project is located

as specified in the forest plan.
H. R. 2691—81

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

and Related Agencies Appropriations Act, 2004’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.