II 

Calendar No. 217

108TH CONGRESS 

1ST SESSION H. R. 2691

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2003

Received; read twice and placed on the calendar 

AN ACT

Making appropriations for the Department of the Interior 

and related agencies for the fiscal year ending September 

30, 2004, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 Department of the Interior and related agencies for the 

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

6 TITLE I—DEPARTMENT OF THE INTERIOR 

7 BUREAU OF LAND MANAGEMENT

8 MANAGEMENT OF LANDS AND RESOURCES

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

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

15 of the Bureau of Land Management, including the general 

16 administration of the Bureau, and assessment of mineral 

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

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

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

20 projects, to be carried out by the Youth Conservation 

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

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

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

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

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

5 projects supporting conservation of Bureau lands; and 

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

7 sum grant without regard to when expenses are incurred; 

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

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

12 Bureau and credited to this appropriation from annual 

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

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

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

17 the cost of administering communication site activities: 

18 Provided, That appropriations herein made shall not be 

19 available for the destruction of healthy, unadopted, wild 

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

22 WILDLAND FIRE MANAGEMENT

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

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

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

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

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

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

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

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

12 Department of the Interior for fire protection rendered 

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

14 States property, may be credited to the appropriation from 

15 which funds were expended to provide that protection, and 

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

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

19 procurement contracts, grants, or cooperative agreements, 

20 for hazardous fuels reduction activities, and for training 

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

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

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

5 local and small business employment opportunities for 

6 rural communities, and that in entering into procurement 

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

8 Secretary may take into account the ability of an entity 

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

11 award procurement contracts, grants, or cooperative 

12 agreements under this heading to entities that include 

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

15 Provided further, That funds appropriated under this head 

16 may be used to reimburse the United States Fish and 

17 Wildlife Service and the National Marine Fisheries Service 

18 for the costs of carrying out their responsibilities under 

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

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

21 of such Act in connection with wildland fire management 

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

24 non-competitive sole source leases of real property with 

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

2 leased properties, including but not limited to fire guard 

3 stations, retardant stations, and other initial attack and 

4 fire support facilities, and to make advance payments for 

5 any such lease or for construction activity associated with 

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

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

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

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

15 CENTRAL HAZARDOUS MATERIALS FUND

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

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

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

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

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

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

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

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

5 paid by any party are not limited to monetary payments 

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

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

8 disposed of by the Secretary and which shall be credited 

9 to this account. 

10 CONSTRUCTION

11 For construction of buildings, recreation facilities, 

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

13 remain available until expended. 

14 LAND ACQUISITION

15 For expenses necessary to carry out sections 205, 

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

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

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

21 OREGON AND CALIFORNIA GRANT LANDS

22 For expenses necessary for management, protection, 

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

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

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

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

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

7 aggregate of all receipts during the current fiscal year 

8 from the revested Oregon and California Railroad grant 

9 lands is hereby made a charge against the Oregon and 

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

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

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

14 FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND

15 (REVOLVING FUND, SPECIAL ACCOUNT) 

16 In addition to the purposes authorized in Public Law 

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

18 Health and Recovery Fund can be used for the purpose 

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

21 activities, such as release from competing vegetation and 

22 density control treatments. The Federal share of receipts 

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

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

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

2 the Forest Ecosystem Health and Recovery Fund. 

3 RANGE IMPROVEMENTS

4 For rehabilitation, protection, and acquisition of 

5 lands and interests therein, and improvement of Federal 

6 rangelands pursuant to section 401 of the Federal Land 

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

8 notwithstanding any other Act, sums equal to 50 percent 

9 of all moneys received during the prior fiscal year under 

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

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

13 Bankhead-Jones lands transferred to the Department of 

14 the Interior pursuant to law, but not less than 

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

17 administrative expenses. 

18 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

19 For administrative expenses and other costs related 

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

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

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

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

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

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

7 forfeiture, compromise, or settlement, if not appropriate 

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

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

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

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

14 purchaser, permittee, or any unauthorized person, without 

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

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

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

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

20 repair other damaged public lands. 

21 MISCELLANEOUS TRUST FUNDS

22 In addition to amounts authorized to be expended 

23 under existing laws, there is hereby appropriated such 

24 amounts as may be contributed under section 307 of the 

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

4 available until expended. 

5 ADMINISTRATIVE PROVISIONS

6 Appropriations for the Bureau of Land Management 

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

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

12 or evidence concerning violations of laws administered by 

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

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

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

20 jointly produced publications for which the cooperators 

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

22 and the Bureau determines the cooperator is capable of 

23 meeting accepted quality standards: Provided further,

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

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

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

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

5 UNITED STATES FISH AND WILDLIFE SERVICE

6 RESOURCE MANAGEMENT

7 For necessary expenses of the United States Fish and 

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

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

11 general administration, and for the performance of other 

12 authorized functions related to such resources by direct 

13 expenditure, contracts, grants, cooperative agreements 

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

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

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

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

23 Conservation Corps: Provided further, That not to exceed 

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

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

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

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

7 regarding the designation of critical habitat, pursuant to 

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

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

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

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

12 remain available until expended, may at the discretion of 

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

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

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

21 analyses. 

22 CONSTRUCTION

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

3 available until expended. 

4 LAND ACQUISITION

5 For expenses necessary to carry out the Land and 

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

7 U.S.C. 460l–4 through 11), including administrative ex8 penses, and for acquisition of land or waters, or interest 

9 therein, in accordance with statutory authority applicable 

10 to the United States Fish and Wildlife Service, 

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

13 Provided, That none of the funds appropriated for specific 

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

16 costs. 

17 LANDOWNER INCENTIVE PROGRAM

18 For expenses necessary to carry out the Land and 

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

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

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

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

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

2 awarded grants to States, the District of Columbia, 

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

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

8 private landowners for the protection and management of 

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

10 other at-risk species on private lands. 

11 STEWARDSHIP GRANTS

12 For expenses necessary to carry out the Land and 

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

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

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

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

19 herein is for a Stewardship Grants Program established 

20 by the Secretary to provide grants and other assistance 

21 to individuals and groups engaged in private conservation 

22 efforts that benefit federally listed, proposed, candidate, 

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

2 FUND

3 For expenses necessary to carry out section 6 of the 

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

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

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

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

10 NATIONAL WILDLIFE REFUGE FUND

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

13 NORTH AMERICAN WETLANDS CONSERVATION FUND

14 For expenses necessary to carry out the provisions 

15 of the North American Wetlands Conservation Act, Public 

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

18 NEOTROPICAL MIGRATORY BIRD CONSERVATION

19 For financial assistance for projects to promote the 

20 conservation of neotropical migratory birds in accordance 

21 with the Neotropical Migratory Bird Conservation Act, 

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

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

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

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

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

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

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

10 STATE AND TRIBAL WILDLIFE GRANTS

11 For wildlife conservation grants to States and to the 

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

13 States Virgin Islands, the Northern Mariana Islands, 

14 American Samoa, and federally recognized Indian tribes 

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

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

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

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

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

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

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

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

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

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

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

9 shall apportion the remaining amount in the following 

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

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

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

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

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

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

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

18 amount available for apportionment under this paragraph 

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

20 Provided further, That the Federal share of planning 

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

22 such projects and the Federal share of implementation 

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

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

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

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

4 comprehensive wildlife conservation plan, consistent with 

5 criteria established by the Secretary of the Interior, that 

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

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

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

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

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

14 be reapportioned, together with funds appropriated in 

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

16 That balances from amounts previously appropriated 

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

20 ADMINISTRATIVE PROVISIONS

21 Appropriations and funds available to the United 

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

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

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

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

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

7 jurisdiction of the Service and to which the United States 

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

9 with management, and investigation of fish and wildlife 

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

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

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

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

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

18 Service may accept donated aircraft as replacements for 

19 existing aircraft: Provided further, That notwithstanding 

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

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

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

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

2 contained in the House Report accompanying this Act. 

3 NATIONAL PARK SERVICE

4 OPERATION OF THE NATIONAL PARK SYSTEM

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

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

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

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

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

15 2005, is for maintenance, repair or rehabilitation projects 

16 for constructed assets, operation of the National Park 

17 Service automated facility management software system, 

18 and comprehensive facility condition assessments; and of 

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

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

21 this account which may be made available to support 

22 United States Park Police are those funds approved for 

23 emergency law and order incidents pursuant to established 

24 National Park Service procedures, those funds needed to 

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

2 the United States Park Police account for the unbudgeted 

3 overtime and travel costs associated with special events for 

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

5 review and concurrence of the Washington headquarters 

6 office. 

7 UNITED STATES PARK POLICE

8 For expenses necessary to carry out the programs of 

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

10 NATIONAL RECREATION AND PRESERVATION

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

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

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

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

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

20 URBAN PARK AND RECREATION FUND

21 For expenses necessary to carry out the provisions 

22 of the Urban Park and Recreation Recovery Act of 1978 

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

24 until expended. 
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1 HISTORIC PRESERVATION FUND

2 For expenses necessary in carrying out the Historic 

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

4 and the Omnibus Parks and Public Lands Management 

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

6 derived from the Historic Preservation Fund, to remain 

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

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

9 America’s Treasures for priority preservation projects, of 

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

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

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

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

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

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

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

6 remain available until expended: Provided, That none of 

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

8 the salaries and expenses of more than 160 Full Time 

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

11 program management and operations activity: Provided 

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

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

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

16 have not been specifically provided if the net construction 

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

18 prior approval of the House and Senate Committees on 

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

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

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

25 shall be available for expenditure unless the Secretary of 
25

HR 2691 PCS 

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

2 of the Environmental Protection Agency, and the Attorney 

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

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

5 House and Senate Committees on Appropriations, the 

6 House Committee on Transportation and Infrastructure, 

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

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

10 Refuge and Everglades National Park does not meet all 

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

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

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

16 South Florida Water Management District, and that the 

17 House and Senate Committees on Appropriations respond 

18 in writing disapproving the further expenditure of funds. 

19 LAND AND WATER CONSERVATION FUND

20 (RESCISSION) 

21 The contract authority provided for fiscal year 2004 

22 by 16 U.S.C. 4601–10a is rescinded. 
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HR 2691 PCS 

1 LAND ACQUISITION AND STATE ASSISTANCE

2 (INCLUDING TRANSFERS OF FUNDS)

3 For expenses necessary to carry out the Land and 

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

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

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

7 in accordance with the statutory authority applicable to 

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

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

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

13 provided for the State assistance program may be used 

14 to establish a contingency fund: Provided further, That 

15 notwithstanding any other provision of law, the Secretary 

16 of the Interior, using prior year unobligated funds made 

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

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

20 interests therein, within the Everglades watershed, shall 

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

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

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

HR 2691 PCS 

1 species in the South Florida ecosystem, and may transfer 

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

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

6 East to include additional water quality improvement 

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

10 the Secretary of the Interior and the South Florida Water 

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

13 delivered by Storm Water Treatment Area 1 East to 

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

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

17 of section 528 of the Water Resources Development Act 

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

20 Corps of Engineers for this purpose: Provided further, 

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

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

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

24 water quality improvement measures for Storm Water 

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

HR 2691 PCS 

1 pended after the requirements of these provisions have 

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

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

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

7 Senate Committees on Appropriations of a reprogramming 

8 request by the Secretary detailing how the remaining 

9 funds will be expended for this purpose. 

10 ADMINISTRATIVE PROVISIONS

11 Appropriations for the National Park Service shall be 

12 available for the purchase of not to exceed 249 passenger 

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

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

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

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

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

22 agreement has been submitted to the Congress and shall 

23 not be implemented prior to the expiration of 30 calendar 

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

HR 2691 PCS 

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

2 by the Speaker of the House of Representatives and the 

3 President of the Senate of a full and comprehensive report 

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

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

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

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

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

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

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

16 for which they are medically able. 

17 UNITED STATES GEOLOGICAL SURVEY

18 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

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

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

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

HR 2691 PCS 

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

5 conduct inquiries into the economic conditions affecting 

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

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

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

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

10 only for cooperation with States or municipalities for 

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

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

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

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

17 September 30, 2005, for the operation and maintenance 

18 of facilities and deferred maintenance; and of which 

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

20 for the biological research activity and the operation of 

21 the Cooperative Research Units: Provided, That none of 

22 these funds provided for the biological research activity 

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

24 unless specifically authorized in writing by the property 

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

HR 2691 PCS 

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

2 topographic mapping or water resources data collection 

3 and investigations carried on in cooperation with States 

4 and municipalities. 

5 ADMINISTRATIVE PROVISIONS

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

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

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

12 the making of geophysical or other specialized surveys 

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

16 acquisition of lands for gauging stations and observation 

17 wells; expenses of the United States National Committee 

18 on Geology; and payment of compensation and expenses 

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

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

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

HR 2691 PCS 

1 Federal Grant and Cooperative Agreement Act of 1977 

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

4 new cooperative agreements directed towards a particular 

5 cooperator, in support of joint research and data collection 

6 activities with Federal, State, and academic partners 

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

9 MINERALS MANAGEMENT SERVICE

10 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

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

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

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

16 for matching grants or cooperative agreements; including 

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

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

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

21 be credited to this appropriation and to remain available 

22 until expended, from additions to receipts resulting from 

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

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

HR 2691 PCS 

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

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

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

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

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

9 Outer Continental Shelf leases in effect before August 5, 

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

12 2005: Provided further, That funds appropriated under 

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

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

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

19 heading shall be available for refunds of overpayments in 

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

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

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

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

HR 2691 PCS 

1 tegic Petroleum Reserve, use a portion of the revenues 

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

3 limitation, to pay for transportation to wholesale market 

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

6 to recover MMS transportation costs, salaries, and other 

7 administrative costs directly related to filling the Strategic 

8 Petroleum Reserve: Provided further, That MMS shall 

9 analyze and document the expected return in advance of 

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

11 practicable that royalty income under the pilot program 

12 is equal to or greater than royalty income recognized 

13 under a comparable royalty-in-value program. 

14 OIL SPILL RESEARCH

15 For necessary expenses to carry out title I, section 

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

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

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

20 OFFICE OF SURFACE MINING RECLAMATION AND

21 ENFORCEMENT

22 REGULATION AND TECHNOLOGY

23 For necessary expenses to carry out the provisions 

24 of the Surface Mining Control and Reclamation Act of 

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

HR 2691 PCS 

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

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

4 directly or through grants to States, moneys collected in 

5 fiscal year 2004 for civil penalties assessed under section 

6 518 of the Surface Mining Control and Reclamation Act 

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

9 remain available until expended: Provided further, That 

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

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

14 sponsored training. 

15 ABANDONED MINE RECLAMATION FUND

16 For necessary expenses to carry out title IV of the 

17 Surface Mining Control and Reclamation Act of 1977, 

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

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

21 the Abandoned Mine Reclamation Fund and to remain 

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

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

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

HR 2691 PCS 

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

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

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

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

6 emergency program authorized by section 410 of Public 

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

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

13 program shall not be subject to the 25 percent limitation 

14 per State and may be used without fiscal year limitation 

15 for emergency projects: Provided further, That pursuant 

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

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

18 the delinquent debt owed to the United States Government 

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

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

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

25 from abandoned mines: Provided further, That such 
37

HR 2691 PCS 

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

3 BUREAU OF INDIAN AFFAIRS

4 OPERATION OF INDIAN PROGRAMS

5 For expenses necessary for the operation of Indian 

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

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

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

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

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

13 September 30, 2005 except as otherwise provided herein, 

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

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

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

19 tribal organizations for contract support costs associated 

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

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

23 that tribes and tribal organizations may use their tribal 

24 priority allocations for unmet indirect costs of ongoing 

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

HR 2691 PCS 

1 ments and for unmet welfare assistance costs; and of 

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

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

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

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

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

14 within and only from such amounts made available for 

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

17 ongoing grants entered into with the Bureau prior to or 

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

20 such amounts made available for school operations shall 

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

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

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

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

HR 2691 PCS 

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

3 account established for the benefit of such tribe within the 

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

5 unobligated balances not so transferred shall expire on 

6 September 30, 2006. 

7 CONSTRUCTION

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

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

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

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

15 available until expended: Provided, That such amounts as 

16 may be available for the construction of the Navajo Indian 

17 Irrigation Project may be transferred to the Bureau of 

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

21 be used to cover the road program management costs of 

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

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

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

HR 2691 PCS 

1 new construction or facilities improvement and repair 

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

3 tribally controlled grant schools under Public Law 100–

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

5 the Administrative and Audit Requirements and Cost 

6 Principles for Assistance Programs contained in 43 CFR 

7 part 12 as the regulatory requirements: Provided further,

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

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

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

12 the Secretary shall consider whether the Indian tribe or 

13 tribal organization would be deficient in assuring that the 

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

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

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

19 application, the Secretary shall follow the requirements 

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

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

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

HR 2691 PCS 

1 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

2 MISCELLANEOUS PAYMENTS TO INDIANS

3 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

10 implementation of other enacted water rights settlements; 

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

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

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

14 to the Quinault Indian Nation pursuant to the terms of 

15 the North Boundary Settlement Agreement dated July 14, 

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

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

19 be derived from amounts provided under the heading 

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

22 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

23 For the cost of guaranteed and insured loans, 

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

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

HR 2691 PCS 

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

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

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

5 not to exceed $94,568,000. 

6 In addition, for administrative expenses to carry out 

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

8 ADMINISTRATIVE PROVISIONS

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

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

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

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

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

21 Loan Program account) shall be available for expenses of 

22 exhibits, and purchase of not to exceed 229 passenger 

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

24 replacement only. 
43

HR 2691 PCS 

1 Notwithstanding any other provision of law, no funds 

2 available to the Bureau of Indian Affairs for central office 

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

6 agreements with the Bureau of Indian Affairs under the 

7 provisions of the Indian Self-Determination Act or the 

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

9 413). 

10 In the event any tribe returns appropriations made 

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

12 distribution to other tribes, this action shall not diminish 

13 the Federal Government’s trust responsibility to that 

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

17 Notwithstanding any other provision of law, no funds 

18 available to the Bureau, other than the amounts provided 

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

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

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

22 Appropriations made available in this or any other 

23 Act for schools funded by the Bureau shall be available 

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

HR 2691 PCS 

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

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

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

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

7 is defined in section 1146 of the Education Amendments 

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

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

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

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

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

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

16 separate and apart from Bureau funds, and the Bureau 

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

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

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

24 title 28, United States Code. 
45

HR 2691 PCS 

1 DEPARTMENTAL OFFICES

2 INSULAR AFFAIRS

3 ASSISTANCE TO TERRITORIES

4 For expenses necessary for assistance to territories 

5 under the jurisdiction of the Department of the Interior, 

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

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

9 controls, coral reef initiative activities, and brown tree 

10 snake control and research; grants to the judiciary in 

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

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

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

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

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

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

HR 2691 PCS 

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

2 Code: Provided further, That Northern Mariana Islands 

3 Covenant grant funding shall be provided according to 

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

6 Northern Mariana Islands approved by Public Law 104–

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

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

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

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

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

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

17 sharing to be determined by the Secretary based on the 

18 grantee’s commitment to timely maintenance of its capital 

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

21 appropriations Acts may be used as non-Federal matching 

22 funds for the purpose of hazard mitigation grants provided 

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

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

HR 2691 PCS 

1 COMPACT OF FREE ASSOCIATION

2 For economic assistance and necessary expenses for 

3 the Federated States of Micronesia and the Republic of 

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

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

6 and for economic assistance and necessary expenses for 

7 the Republic of Palau as provided for in sections 

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

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

11 658. 

12 DEPARTMENTAL MANAGEMENT

13 SALARIES AND EXPENSES

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

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

17 official reception and representation expenses, and of 

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

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

22 in this or previous appropriations Acts may be used to 

23 establish any additional reserves in the Working Capital 

24 account other than the two authorized reserves without 
48

HR 2691 PCS 

1 prior approval of the House and Senate Committees on 

2 Appropriations. 

3 WORKING CAPITAL FUND

4 From unobligated balances under this heading, 

5 $20,000,000 are hereby cancelled. 

6 PAYMENTS IN LIEU OF TAXES

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

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

10 available for administrative expenses: Provided, That no 

11 payment shall be made to otherwise eligible units of local 

12 government if the computed amount of the payment is less 

13 than $100. 

14 OFFICE OF THE SOLICITOR

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of the Solicitor, 

17 $50,374,000. 

18 OFFICE OF INSPECTOR GENERAL

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of Inspector 

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

22 procurement by contract of independent auditing services 

23 to audit the consolidated Department of the Interior an24 nual financial statement and the annual financial state-
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1 ment of the Department of the Interior bureaus and of2 fices funded in this Act. 

3 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

4 FEDERAL TRUST PROGRAMS

5 For operation of trust programs for Indians by direct 

6 expenditure, contracts, cooperative agreements, compacts, 

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

8 available for historical accounting, to remain available 

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

11 be transferred to or merged with the Bureau of Indian 

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

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

15 account: Provided further, That funds made available to 

16 Tribes and Tribal organizations through contracts or 

17 grants obligated during fiscal year 2004, as authorized by 

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

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

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

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

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

24 Act, concerning losses to or mismanagement of trust 

25 funds, until the affected tribe or individual Indian has 
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HR 2691 PCS 

1 been furnished with an accounting of such funds from 

2 which the beneficiary can determine whether there has 

3 been a loss: Provided further, That notwithstanding any 

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

5 to provide a quarterly statement of performance for any 

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

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

8 further, That the Secretary shall issue an annual account 

9 statement and maintain a record of any such accounts and 

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

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

13 available for the Secretary to make payments to correct 

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

16 September 30, 2002: Provided further, That erroneous 

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

19 INDIAN LAND CONSOLIDATION

20 For consolidation of fractional interests in Indian 

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

23 necessary expenses to carry out the Indian Land Consoli24 dation Act of 1983, as amended, by direct expenditure or 
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1 cooperative agreement, $20,980,000, to remain available 

2 until expended. 

3 NATURAL RESOURCE DAMAGE ASSESSMENT AND

4 RESTORATION

5 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

6 To conduct natural resource damage assessment and 

7 restoration activities by the Department of the Interior 

8 necessary to carry out the provisions of the Comprehensive 

9 Environmental Response, Compensation, and Liability 

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

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

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

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

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

15 available until expended. 

16 ADMINISTRATIVE PROVISIONS

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

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

22 other provision of law, existing aircraft being replaced may 

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

24 offset the purchase price for the replacement aircraft: Pro25 vided further, That no programs funded with appropriated 
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HR 2691 PCS 

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

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

5 GENERAL PROVISIONS, DEPARTMENT OF THE 

6 INTERIOR 

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

8 available for expenditure or transfer (within each bureau 

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

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

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

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

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

22 requested as promptly as possible. 

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

25 in addition to the amounts included in the budget pro-
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1 grams of the several agencies, for the suppression or emer2 gency prevention of wildland fires on or threatening lands 

3 under the jurisdiction of the Department of the Interior; 

4 for the emergency rehabilitation of burned-over lands 

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

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

9 damage assessment activities related to actual oil spills; 

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

11 potential grasshopper and Mormon cricket outbreaks on 

12 lands under the jurisdiction of the Secretary, pursuant to 

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

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

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

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

18 necessary to permit assumption of regulatory authority in 

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

21 That appropriations made in this title for wildland fire 

22 operations shall be available for the payment of obligations 

23 incurred during the preceding fiscal year, and for reim24 bursement to other Federal agencies for destruction of ve25 hicles, aircraft, or other equipment in connection with 
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1 their use for wildland fire operations, such reimbursement 

2 to be credited to appropriations currently available at the 

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

4 fire operations, no funds shall be made available under 

5 this authority until the Secretary determines that funds 

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

8 used pursuant to this section are hereby designated by 

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

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

14 such replenishment funds shall be used to reimburse, on 

15 a pro rata basis, accounts from which emergency funds 

16 were transferred. 

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

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

19 similar facilities, wherever consolidation of activities will 

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

22 other activity in the same manner as authorized by sec23 tions 1535 and 1536 of title 31, United States Code: Pro24 vided, That reimbursements for costs and supplies, mate25 rials, equipment, and for services rendered may be cred-
55

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

3 SEC. 104. Appropriations made to the Department 

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

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

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

7 maintenance, and operation of aircraft; hire of passenger 

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

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

12 for library membership in societies or associations which 

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

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

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

19 SEC. 106. Annual appropriations made in this title 

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

23 year. 

24 SEC. 107. No funds provided in this title may be ex25 pended by the Department of the Interior for the conduct 
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1 of offshore preleasing, leasing and related activities placed 

2 under restriction in the President’s moratorium statement 

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

4 southern California; the North Atlantic; Washington and 

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

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

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

11 planning area. 

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

15 activities in the eastern Gulf of Mexico planning area for 

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

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

18 Program, 1997–2002. 

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

21 and natural gas preleasing, leasing and related activities 

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

23 SEC. 111. Advance payments made under this title 

24 to Indian tribes, tribal organizations, and tribal consortia 

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

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

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

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

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

6 so long as such funds are—

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

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

11 (or other) funds registered with the Securities and 

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

14 guaranteed or insured by the United States; or 

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

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

19 SEC. 112. Notwithstanding any other provisions of 

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

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

23 for and regulate local non-recreational passage through 

24 units of the National Park System, allowing each unit to 
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1 develop guidelines and permits for such activity appro2 priate to that unit. 

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

4 headings Bureau of Indian Affairs and Office of Special 

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

7 the same headings, shall be available for expenditure or 

8 transfer for Indian trust management and reform activi9 ties. 

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

11 is transferred) during fiscal year 2004 shall be renewed 

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

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

18 time as the Secretary of the Interior completes processing 

19 of such permit or lease in compliance with all applicable 

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

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

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

23 regulations. Nothing in this section shall be deemed to 

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

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

1 Roosevelt National Recreation Area, as designated by the 

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

3 Cooperative Management Agreement), that were utilized 

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

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

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

7 shall be entitled to renew said permit under such terms 

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

10 SEC. 115. Notwithstanding any other provision of 

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

13 requirements of chapter 10 of title 25, United States 

14 Code, are deemed satisfied by a proceeding conducted by 

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

17 governing the appointments in the competitive service, for 

18 such period of time as the Secretary determines necessary: 

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

20 so appointed may be fixed by the Secretary without regard 

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

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

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

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

2 pay. 

3 SEC. 116. Notwithstanding any other provision of 

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

6 tribal base funds, to alleviate tribal funding inequities by 

7 transferring funds to address identified, unmet needs, 

8 dual enrollment, overlapping service areas or inaccurate 

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

11 percent in fiscal year 2004. Under circumstances of dual 

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

14 apply. 

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

17 shall be allocated among the schools proportionate to the 

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

20 Education Programs. 

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

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

23 comprising the Huron Cemetery in Kansas City, Kansas 

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

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

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

4 a burial ground. 

5 SEC. 119. Notwithstanding any other provision of 

6 law, in conveying the Twin Cities Research Center under 

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

9 retain land and other forms of reimbursement: Provided,

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

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

15 460zz. 

16 SEC. 120. Notwithstanding other provisions of law, 

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

21 Point areas of the Presidio. 

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

23 received by the Bureau of Land Management for the sale 

24 of seeds or seedlings including those collected in fiscal year 

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

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

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

5 of the Department of the Interior and Related Agencies 

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

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

8 to the improvements and equipment of the White River 

9 Oil Shale Mine. 

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

11 contract for the use of helicopters or motor vehicles on 

12 the Sheldon and Hart National Wildlife Refuges for the 

13 purpose of capturing and transporting horses and burros. 

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

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

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

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

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

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

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

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

2 Conservation Fund Act of 1965 as amended. 

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

4 Act may be obligated or expended by the National Park 

5 Service to enter into or implement a concession contract 

6 which permits or requires the removal of the underground 

7 lunchroom at the Carlsbad Caverns National Park. 

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

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

11 pedestrian use of such bridge, when such pedestrian use 

12 is consistent with generally accepted safety standards. 

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

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

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

19 to county ordinance. 

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

21 can be used to compensate the Special Master and the 

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

25 annual rate that exceeds 200 percent of the highest Senior 
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1 Executive Service rate of pay for the Washington-Balti2 more locality pay area. 

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

5 for employees and former employees of the Department 

6 of the Interior reasonably incurred in connection with 

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

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

9 insurance. In no case shall the Secretary make payments 

10 under this section that would result in payment of hourly 

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

12 District Court for the District of Columbia for counsel in 

13 Cobell v. Norton. 

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

16 threatened and endangered species of salmon, implement 

17 a system of mass marking of salmonid stocks, intended 

18 for harvest, that are released from Federally operated or 

19 Federally financed hatcheries including but not limited to 

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

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

22 identified by commercial and recreational fishers. 

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

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

3 SEC. 132. No funds appropriated for the Department 

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

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

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

7 water levels required for the operation of the Glen Canyon 

8 Dam. 

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

10 108–7 is amended as follows: 

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

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

13 term ‘tribally controlled school’ means a school that 

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

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

17 meet the eligibility criteria of section 5205 of the 

18 Tribally Controlled Schools Act of 1988, as amended 

19 (25 U.S.C. 2504).’’. 

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

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

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

2 Secretary shall give priority to applications of Indian 

3 tribes that agree to fund all future facility operation 

4 and maintenance costs of the tribally controlled 

5 school funded under the demonstration program 

6 from other than Federal funds.’’. 

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

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

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

10 and is further amended by adding the following new 

11 paragraph: 

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

13 of a tribally controlled school under this section shall 

14 not be eligible to receive funding from the Bureau 

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

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

18 school receiving funding for education operations or 

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

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

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

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

25 and Senate Committees on Appropriations a report that 
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HR 2691 PCS 

1 describes the condition and adequacy of educational facili2 ties available to the Eastern Band of Cherokee Indians, 

3 the availability of lands necessary for the construction of 

4 any necessary new or replacement education facilities, and 

5 the impacts that construction of such facilities might have 

6 on natural, cultural, and other resources present within 

7 the Great Smoky Mountains National Park and the Blue 

8 Ridge Parkway. The report shall specifically address the 

9 resource implications of the land exchange described in 

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

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

13 of Cherokee Indians in preparing the report. 

14 LAND EXCHANGE, WORLD WAR I NATIONAL MEMORIAL, 

15 MOJAVE NATIONAL PRESERVE

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

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

18 Secretary of the Interior shall convey to the Veterans 

19 Home of California-Barstow, Veterans of Foreign Wars 

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

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

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

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

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

5 the Secretary under such section 8137. 

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

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

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

10 property consisting of approximately five acres, identified 

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

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

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

14 Bernardino base and meridian. 

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

16 values of the properties to be exchanged under this section 

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

18 The value of the properties shall be determined through 

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

22 2000). 

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

24 value of the properties to be exchanged under this section 

25 shall be equalized through the making of a cash equali-
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HR 2691 PCS 

1 zation payment. The Secretary shall deposit any cash 

2 equalization payment received by the Secretary under this 

3 subsection in the Land and Water Conservation Fund. 

4 (e) REVERSIONARY CLAUSE.—The conveyance under 

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

6 recipient maintain the conveyed property as a memorial 

7 commemorating United States participation in World War 

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

9 Secretary determines that the conveyed property is no 

10 longer being maintained as a war memorial, the property 

11 shall revert to the ownership of the United States. 

12 (f) BOUNDARY ADJUSTMENT; ADMINISTRATION OF

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

16 the Secretary under this section shall become part of the 

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

20 BLUE RIDGE NATIONAL HERITAGE AREA

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

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

23 2003’’. 

24 (b) FINDINGS AND PURPOSE.—

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

3 Blue Ridge Mountains have played a significant 

4 role in the history of the United States and the 

5 State of North Carolina. 

6 (B) Archaeological evidence indicates that 

7 the Blue Ridge Mountains have been inhabited 

8 by humans since the last retreat of the glaciers, 

9 with the Native Americans living in the area at 

10 the time of European discovery being primarily 

11 of Cherokee descent. 

12 (C) The Blue Ridge Mountains of western 

13 North Carolina, including the Great Smoky 

14 Mountains, played a unique and significant role 

15 in the establishment and development of the 

16 culture of the United States through several 

17 distinct legacies, including—

18 (i) the craft heritage that—

19 (I) was first influenced by the 

20 Cherokee Indians; 

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

23 1900 and the contemporary craft 

24 movement starting in the 1940’s; and 
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HR 2691 PCS 

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

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

4 third largest concentration of such 

5 people in the United States; 

6 (ii) a musical heritage comprised of 

7 distinctive instrumental and vocal tradi8 tions that—

9 (I) includes stringband music, 

10 bluegrass, ballad singing, blues, and 

11 sacred music; 

12 (II) has received national rec13 ognition; and 

14 (III) has made the region one of 

15 the richest repositories of traditional 

16 music and folklife in the United 

17 States; 

18 (iii) the Cherokee heritage—

19 (I) dating back thousands of 

20 years; and 

21 (II) offering—

22 (aa) nationally significant 

23 cultural traditions practiced by 

24 the Eastern Band of Cherokee 

25 Indians; 
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1 (bb) authentic tradition 

2 bearers; 

3 (cc) historic sites; and 

4 (dd) historically important 

5 collections of Cherokee artifacts; 

6 and 

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

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

11 of raising livestock, culminating in the 

12 largest number of specialty crop farms in 

13 North Carolina. 

14 (D) The artifacts and structures associated 

15 with those legacies are unusually well-preserved. 

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

18 historical resources in North America. 

19 (F) The history and cultural heritage of 

20 the Blue Ridge Mountains are shared with the 

21 States of Virginia, Tennessee, and Georgia. 

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

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

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

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

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

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

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

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

14 to foster a close working relationship with, and to 

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

16 and local communities in the State in managing, 

17 preserving, protecting, and interpreting the cultural, 

18 historical, and natural resources of the Heritage 

19 Area while continuing to develop economic opportu20 nities. 

21 (c) DEFINITIONS.—

22 (1) In this section: 

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

1 (B) MANAGEMENT ENTITY.—The term 

2 ‘‘management entity’’ means the management 

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

5 (C) MANAGEMENT PLAN.—The term 

6 ‘‘management plan’’ means the management 

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

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

10 means the Secretary of the Interior. 

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

12 State of North Carolina. 

13 (d) BLUE RIDGE NATIONAL HERITAGE AREA.—

14 (1) ESTABLISHMENT.—There is established the 

15 Blue Ridge National Heritage Area in the State. 

16 (2) BOUNDARIES.—The Heritage Area shall 

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

18 Buncombe, Burke, Caldwell, Cherokee, Clay, 

19 Graham, Haywood, Henderson, Jackson, McDowell, 

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

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

22 Yancey in the State. 

23 (3) MANAGEMENT ENTITY.—

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

25 receipt of funds made available under sub-
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HR 2691 PCS 

1 section (i), the Blue Ridge National Heritage 

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

4 (B) BOARD OF DIRECTORS.—

5 (i) COMPOSITION.—The management 

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

8 whom—

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

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

13 Inc.; 

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

16 Consortium of Western North Caro17 lina; 

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

20 Cherokee Indians; and 

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

23 Carolina and shall— 
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HR 2691 PCS 

1 (aa) reside in geographically 

2 diverse regions of the Heritage 

3 Area; 

4 (bb) be a representative of 

5 State or local governments or the 

6 private sector; and 

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

11 natural resources development, 

12 regional planning, conservation, 

13 recreational services, education, 

14 or museum services. 

15 (e) MANAGEMENT PLAN.—

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

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

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

22 management entity shall—

23 (A) for the purpose of presenting a unified 

24 preservation and interpretation plan, take into 
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HR 2691 PCS 

1 consideration Federal, State, and local plans; 

2 and 

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

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

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

11 (B) identify existing and potential sources 

12 of Federal and non-Federal funding for the 

13 conservation, management, and development of 

14 the Heritage Area; and 

15 (C) include—

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

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

20 (I) relates to the purposes of the 

21 Heritage Area; and 

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

25 the property; 
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HR 2691 PCS 

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

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

7 (iii) an interpretive and educational 

8 plan for the Heritage Area; 

9 (iv) a recommendation of policies for 

10 resource management and protection that 

11 develop intergovernmental cooperative 

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

14 resources of the Heritage Area; and 

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

17 be coordinated to promote the purposes of 

18 this section. 

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

20 management plan is not submitted to the Secretary 

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

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

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

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

4 after receiving the management plan submitted 

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

7 (B) CRITERIA.—In determining whether to 

8 approve the management plan, the Secretary 

9 shall consider whether the management plan—

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

13 Area; and 

14 (ii) has a high potential for effective 

15 partnership mechanisms. 

16 (C) ACTION FOLLOWING DISAPPROVAL.—If 

17 the Secretary disapproves a management plan 

18 under subparagraph (A), the Secretary shall—

19 (i) advise the management entity in 

20 writing of the reasons for the disapproval; 

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

23 (iii) allow the management entity to 

24 submit to the Secretary revisions to the 

25 management plan. 
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HR 2691 PCS 

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

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

5 disapprove the proposed revision. 

6 (6) AMENDMENT OF APPROVED MANAGEMENT

7 PLAN.—

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

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

11 (i) review the management plan; and 

12 (ii) submit to the Secretary, for review 

13 and approval, the recommendation of the 

14 management entity for any amendments to 

15 the management plan. 

16 (B) USE OF FUNDS.—No funds made 

17 available under subsection (i) shall be used to 

18 implement any amendment proposed by the 

19 management entity under subparagraph (A) 

20 until the Secretary approves the amendment. 

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

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

1 management entity may use funds made available 

2 under subsection (i) to—

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

5 political subdivision), nonprofit organizations, 

6 or persons; 

7 (B) hire and compensate staff; and 

8 (C) enter into contracts for goods and 

9 services. 

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

11 management plan, the management entity shall—

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

15 property owners, and nonprofit groups in the 

16 Heritage Area; 

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

20 plan; 

21 (C) give priority to the implementation of 

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

24 units of government, nonprofit organizations, 

25 and persons in—
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1 (i) carrying out the programs that 

2 protect resources in the Heritage Area; 

3 (ii) encouraging economic viability in 

4 the Heritage Area in accordance with the 

5 goals of the management plan; 

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

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

10 Area; and 

11 (v) increasing public awareness of and 

12 appreciation for the cultural, historical, 

13 and natural resources of the Heritage 

14 Area; and 

15 (D) for any fiscal year for which Federal 

16 funds are received under subsection (i)—

17 (i) submit to the Secretary a report 

18 that describes, for the fiscal year—

19 (I) the accomplishments of the 

20 management entity; 

21 (II) the expenses and income of 

22 the management entity; and 

23 (III) each entity to which a grant 

24 was made; 
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HR 2691 PCS 

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

3 of government, all records relating to the 

4 expenditure of funds and any matching 

5 funds; and 

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

8 any entity, that the receiving entity make 

9 available for audit all records relating to 

10 the expenditure of funds. 

11 (3) PROHIBITION ON THE ACQUISITION OF

12 REAL PROPERTY.—The management entity shall not 

13 use Federal funds received under subsection (i) to 

14 acquire real property or an interest in real property. 

15 (g) TECHNICAL AND FINANCIAL ASSISTANCE.—

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

17 to the management entity technical assistance and, 

18 subject to the availability of appropriations, financial 

19 assistance, for use in developing and implementing 

20 the management plan. 

21 (2) PRIORITY FOR ASSISTANCE.—In providing 

22 assistance under subsection (a), the Secretary shall 

23 give priority to actions that facilitate—
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HR 2691 PCS 

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

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

6 consistent with the resources of the Heritage 

7 Area. 

8 (h) LAND USE REGULATION.—

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

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

11 to the management entity; or 

12 (B) modifies, enlarges, or diminishes any 

13 authority of the Federal Government or any 

14 State or local government to regulate any use 

15 of land under any law (including regulations). 

16 (2) PRIVATE PROPERTY.—Nothing in this sec17 tion—

18 (A) abridges the rights of any person with 

19 respect to private property; 

20 (B) affects the authority of the State or 

21 local government with respect to private prop22 erty; or 

23 (C) imposes any additional burden on any 

24 property owner. 

25 (i) AUTHORIZATION OF APPROPRIATIONS.—
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HR 2691 PCS 

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

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

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

4 available for any fiscal year. 

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

6 share of the cost of any activities carried out using 

7 Federal funds made available under subsection (a) 

8 shall be not less than 50 percent. 

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

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

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

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

15 the Klamath Fishery Management Council. 

16 TITLE II—RELATED AGENCIES 

17 DEPARTMENT OF AGRICULTURE 

18 FOREST SERVICE

19 FOREST AND RANGELAND RESEARCH

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

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

24 program. 
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HR 2691 PCS 

1 STATE AND PRIVATE FORESTRY

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

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

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

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

15 the Senate Committee on Appropriations, in writing, of 

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

19 such funds: Provided further, That each forest legacy 

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

21 Provided further, That grants for acquisition of lands or 

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

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

1 NATIONAL FOREST SYSTEM

2 For necessary expenses of the Forest Service, not 

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

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

7 moneys received during prior fiscal years as fees collected 

8 under the Land and Water Conservation Fund Act of 

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

10 (16 U.S.C. 460l–6a(i)): Provided, That unobligated bal11 ances available at the start of fiscal year 2004 shall be 

12 displayed by budget line item in the fiscal year 2005 budg13 et justification: Provided further, That the Secretary may 

14 authorize the expenditure or transfer of such sums as nec15 essary to the Department of the Interior, Bureau of Land 

16 Management, for removal, preparation, and adoption of 

17 excess wild horses and burros from National Forest Sys18 tem lands and for the performance of cadastral surveys 

19 to designate the boundaries of such lands. 

20 For an additional amount to reimburse the Judgment 

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

23 WILDLAND FIRE MANAGEMENT

24 For necessary expenses for forest fire presuppression 

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

1 fire suppression on or adjacent to such lands or other 

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

4 rehabilitation of burned-over National Forest System 

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

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

10 That not less than 50 percent of any unobligated balances 

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

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

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

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

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

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

21 contracts, grants, and cooperative agreements, available to 

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

24 Science Research: Provided further, That funds provided 

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

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

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

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

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

7 $22,000,000 is for research activities and to make com8 petitive research grants pursuant to the Forest and 

9 Rangeland Renewable Resources Research Act, as amend10 ed (16 U.S.C. 1641 et seq.), $51,000,000 is for State fire 

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

12 $25,000,000 is for forest health activities on State, pri13 vate, and Federal lands, and $6,000,000 is for economic 

14 action programs: Provided further, That amounts in this 

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

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

17 Rangeland Research’’ accounts to fund State fire assist18 ance, volunteer fire assistance, forest health management, 

19 economic action programs, forest and rangeland research, 

20 vegetation and watershed management, heritage site reha21 bilitation, and wildlife and fish habitat management and 

22 restoration: Provided further, That transfers of any 

23 amounts in excess of those authorized in this paragraph, 

24 shall require approval of the House and Senate Commit25 tees on Appropriations in compliance with reprogramming 
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HR 2691 PCS 

1 procedures contained in the House report accompanying 

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

3 any cooperative agreement between the Federal Govern4 ment and any non-Federal entity may be shared, as mutu5 ally agreed on by the affected parties: Provided further,

6 That in addition to funds provided for State Fire Assist7 ance programs, and subject to all authorities available to 

8 the Forest Service under the State and Private Forestry 

9 Appropriations, up to $15,000,000 may be used on adja10 cent non-Federal lands for the purpose of protecting com11 munities when hazard reduction activities are planned on 

12 national forest lands that have the potential to place such 

13 communities at risk: Provided further, That included in 

14 funding for hazardous fuel reduction is $5,000,000 for im15 plementing the Community Forest Restoration Act, Public 

16 Law 106–393, title VI, and any portion of such funds 

17 shall be available for use on non-Federal lands in accord18 ance with authorities available to the Forest Service under 

19 the State and Private Forestry Appropriation: Provided 

20 further, That in using the funds provided in this Act for 

21 hazardous fuels reduction activities, the Secretary of Agri22 culture may conduct fuel reduction treatments on Federal 

23 lands using all contracting and hiring authorities available 

24 to the Secretary applicable to hazardous fuel reduction ac25 tivities under the wildland fire management accounts: Pro-
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HR 2691 PCS 

1 vided further, That notwithstanding Federal Government 

2 procurement and contracting laws, the Secretaries may 

3 conduct fuel reduction treatments, rehabilitation and res4 toration, and other activities authorized under this head5 ing on and adjacent to Federal lands using grants and 

6 cooperative agreements: Provided further, That notwith7 standing Federal Government procurement and con8 tracting laws, in order to provide employment and training 

9 opportunities to people in rural communities, the Secre10 taries may award contracts, including contracts for moni11 toring activities, to local private, non-profit, or cooperative 

12 entities; Youth Conservation Corps crews or related part13 nerships, with State, local and non-profit youth groups; 

14 small or micro-businesses; or other entities that will hire 

15 or train a significant percentage of local people to com16 plete such contracts: Provided further, That the authorities 

17 described above relating to contracts, grants, and coopera18 tive agreements are available until all funds provided in 

19 this title for hazardous fuels reduction activities in the 

20 urban wildland interface are obligated: Provided further,

21 That the Secretary of the Interior and the Secretary of 

22 Agriculture may authorize the transfer of funds appro23 priated for wildland fire management, in an aggregate 

24 amount not to exceed $12,000,000, between the Depart25 ments when such transfers would facilitate and expedite 
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HR 2691 PCS 

1 jointly funded wildland fire management programs and 

2 projects. 

3 CAPITAL IMPROVEMENT AND MAINTENANCE

4 For necessary expenses of the Forest Service, not 

5 otherwise provided for, $560,473,000, to remain available 

6 until expended for construction, reconstruction, mainte7 nance and acquisition of buildings and other facilities, and 

8 for construction, reconstruction, repair, decommissioning, 

9 and maintenance of forest roads and trails by the Forest 

10 Service as authorized by 16 U.S.C. 532–538 and 23 

11 U.S.C. 101 and 205: Provided, That up to $15,000,000 

12 of the funds provided herein for road maintenance shall 

13 be available for the decommissioning of roads, including 

14 unauthorized roads not part of the transportation system, 

15 which are no longer needed: Provided further, That no 

16 funds shall be expended to decommission any system road 

17 until notice and an opportunity for public comment has 

18 been provided on each decommissioning project. 

19 LAND ACQUISITION

20 For expenses necessary to carry out the provisions 

21 of the Land and Water Conservation Fund Act of 1965, 

22 as amended (16 U.S.C. 460l–4 through 11), including ad23 ministrative expenses, and for acquisition of land or wa24 ters, or interest therein, in accordance with statutory au25 thority applicable to the Forest Service, $29,288,000, to 
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HR 2691 PCS 

1 be derived from the Land and Water Conservation Fund 

2 and to remain available until expended. 

3 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

4 ACTS

5 For acquisition of lands within the exterior bound6 aries of the Cache, Uinta, and Wasatch National Forests, 

7 Utah; the Toiyabe National Forest, Nevada; and the An8 geles, San Bernardino, Sequoia, and Cleveland National 

9 Forests, California, as authorized by law, $1,069,000, to 

10 be derived from forest receipts. 

11 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

12 For acquisition of lands, such sums, to be derived 

13 from funds deposited by State, county, or municipal gov14 ernments, public school districts, or other public school au15 thorities, and for authorized expenditures from funds de16 posited by non-federal parties pursuant to Land Sale and 

17 Exchange Acts, pursuant to the Act of December 4, 1967, 

18 as amended (16 U.S.C. 484a), to remain available until 

19 expended. 

20 RANGE BETTERMENT FUND

21 For necessary expenses of range rehabilitation, pro22 tection, and improvement, 50 percent of all moneys re23 ceived during the prior fiscal year, as fees for grazing do24 mestic livestock on lands in National Forests in the 16 

25 Western States, pursuant to section 401(b)(1) of Public 
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HR 2691 PCS 

1 Law 94–579, as amended, to remain available until ex2 pended, of which not to exceed 6 percent shall be available 

3 for administrative expenses associated with on-the-ground 

4 range rehabilitation, protection, and improvements. 

5 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

6 RANGELAND RESEARCH

7 For expenses authorized by 16 U.S.C. 1643(b), 

8 $92,000, to remain available until expended, to be derived 

9 from the fund established pursuant to the above Act. 

10 MANAGEMENT OF NATIONAL FOREST LANDS FOR

11 SUBSISTENCE USES

12 For necessary expenses of the Forest Service to man13 age federal lands in Alaska for subsistence uses under title 

14 VIII of the Alaska National Interest Lands Conservation 

15 Act (Public Law 96–487), $5,535,000, to remain available 

16 until expended. 

17 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

18 Appropriations to the Forest Service for the current 

19 fiscal year shall be available for: (1) purchase of not to 

20 exceed 124 passenger motor vehicles of which 21 will be 

21 used primarily for law enforcement purposes and of which 

22 124 shall be for replacement; acquisition of 25 passenger 

23 motor vehicles from excess sources, and hire of such vehi24 cles; operation and maintenance of aircraft, the purchase 

25 of not to exceed seven for replacement only, and acquisi-
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HR 2691 PCS 

1 tion of sufficient aircraft from excess sources to maintain 

2 the operable fleet at 195 aircraft for use in Forest Service 

3 wildland fire programs and other Forest Service programs; 

4 notwithstanding other provisions of law, existing aircraft 

5 being replaced may be sold, with proceeds derived or 

6 trade-in value used to offset the purchase price for the 

7 replacement aircraft; (2) services pursuant to 7 U.S.C. 

8 2225, and not to exceed $100,000 for employment under 

9 5 U.S.C. 3109; (3) purchase, erection, and alteration of 

10 buildings and other public improvements (7 U.S.C. 2250); 

11 (4) acquisition of land, waters, and interests therein pur12 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 

13 Volunteers in the National Forest Act of 1972 (16 U.S.C. 

14 558a, 558d, and 558a note); (6) the cost of uniforms as 

15 authorized by 5 U.S.C. 5901–5902; and (7) for debt col16 lection contracts in accordance with 31 U.S.C. 3718(c). 

17 None of the funds made available under this Act shall 

18 be obligated or expended to abolish any region, to move 

19 or close any regional office for National Forest System 

20 administration of the Forest Service, Department of Agri21 culture without the consent of the House and Senate Com22 mittees on Appropriations. 

23 Any appropriations or funds available to the Forest 

24 Service may be transferred to the Wildland Fire Manage25 ment appropriation for forest firefighting, emergency re-
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HR 2691 PCS 

1 habilitation of burned-over or damaged lands or waters 

2 under its jurisdiction, and fire preparedness due to severe 

3 burning conditions if and only if all previously appro4 priated emergency contingent funds under the heading 

5 ‘‘Wildland Fire Management’’ have been released by the 

6 President and apportioned and all funds under the head7 ing ‘‘Wildland Fire Management’’ are obligated. 

8 Funds appropriated to the Forest Service shall be 

9 available for assistance to or through the Agency for Inter10 national Development and the Foreign Agricultural Serv11 ice in connection with forest and rangeland research, tech12 nical information, and assistance in foreign countries, and 

13 shall be available to support forestry and related natural 

14 resource activities outside the United States and its terri15 tories and possessions, including technical assistance, edu16 cation and training, and cooperation with United States 

17 and international organizations. 

18 None of the funds made available to the Forest Serv19 ice under this Act shall be subject to transfer under the 

20 provisions of section 702(b) of the Department of Agri21 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 

22 147b unless the proposed transfer is approved in advance 

23 by the House and Senate Committees on Appropriations 

24 in compliance with the reprogramming procedures con25 tained in the House report accompanying this Act. 
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HR 2691 PCS 

1 None of the funds available to the Forest Service may 

2 be reprogrammed without the advance approval of the 

3 House and Senate Committees on Appropriations in ac4 cordance with the procedures contained in the House re5 port accompanying this Act. 

6 No funds available to the Forest Service shall be 

7 transferred to the Working Capital Fund of the Depart8 ment of Agriculture that exceed the total amount trans9 ferred during fiscal year 2000 for such purposes without 

10 the advance approval of the House and Senate Committees 

11 on Appropriations. 

12 Funds available to the Forest Service shall be avail13 able to conduct a program of not less than $2,000,000 

14 for high priority projects within the scope of the approved 

15 budget which shall be carried out by the Youth Conserva16 tion Corps. 

17 Of the funds available to the Forest Service, $2,500 

18 is available to the Chief of the Forest Service for official 

19 reception and representation expenses. 

20 Pursuant to sections 405(b) and 410(b) of Public 

21 Law 101–593, of the funds available to the Forest Service, 

22 $3,000,000 may be advanced in a lump sum to the Na23 tional Forest Foundation to aid conservation partnership 

24 projects in support of the Forest Service mission, without 

25 regard to when the Foundation incurs expenses, for ad-
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HR 2691 PCS 

1 ministrative expenses or projects on or benefitting Na2 tional Forest System lands or related to Forest Service 

3 programs: Provided, That of the Federal funds made 

4 available to the Foundation, no more than $300,000 shall 

5 be available for administrative expenses: Provided further, 

6 That the Foundation shall obtain, by the end of the period 

7 of Federal financial assistance, private contributions to 

8 match on at least one-for-one basis funds made available 

9 by the Forest Service: Provided further, That the Founda10 tion may transfer Federal funds to a non-Federal recipient 

11 for a project at the same rate that the recipient has ob12 tained the non-Federal matching funds: Provided further,

13 That authorized investments of Federal funds held by the 

14 Foundation may be made only in interest-bearing obliga15 tions of the United States or in obligations guaranteed as 

16 to both principal and interest by the United States. 

17 Pursuant to section 2(b)(2) of Public Law 98–244, 

18 $2,650,000 of the funds available to the Forest Service 

19 shall be available for matching funds to the National Fish 

20 and Wildlife Foundation, as authorized by 16 U.S.C. 

21 3701–3709, and may be advanced in a lump sum to aid 

22 conservation partnership projects in support of the Forest 

23 Service mission, without regard to when expenses are in24 curred, for projects on or benefitting National Forest Sys25 tem lands or related to Forest Service programs: Provided,
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1 That the Foundation shall obtain, by the end of the period 

2 of Federal financial assistance, private contributions to 

3 match on at least one-for-one basis funds advanced by the 

4 Forest Service: Provided further, That the Foundation 

5 may transfer Federal funds to a non-Federal recipient for 

6 a project at the same rate that the recipient has obtained 

7 the non-Federal matching funds. 

8 Funds appropriated to the Forest Service shall be 

9 available for interactions with and providing technical as10 sistance to rural communities for sustainable rural devel11 opment purposes. 

12 Funds appropriated to the Forest Service shall be 

13 available for payments to counties within the Columbia 

14 River Gorge National Scenic Area, pursuant to sections 

15 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

16 663. 

17 Not later than 60 days after the date of the enact18 ment of this Act, the Secretary of Agriculture shall submit 

19 to Congress, and make available to interested persons, a 

20 report containing the results of a management review of 

21 outfitter and guiding operations in the John Muir, Ansel 

22 Adams, and Dinkey Lakes Wilderness Areas of the Inyo 

23 and Sierra National Forests, California. The report shall 

24 include information regarding: (1) how the Secretary in25 tends to minimize adverse impacts on the historic access 
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1 rights of special use permittees in these three wilderness 

2 areas; and (2) how the Secretary intends to ensure timely 

3 compliance with the requirements of the National Envi4 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

5 Notwithstanding any other provision of law, any ap6 propriations or funds available to the Forest Service not 

7 to exceed $500,000 may be used to reimburse the Office 

8 of the General Counsel (OGC), Department of Agri9 culture, for travel and related expenses incurred as a re10 sult of OGC assistance or participation requested by the 

11 Forest Service at meetings, training sessions, management 

12 reviews, land purchase negotiations and similar non-litiga13 tion related matters. Future budget justifications for both 

14 the Forest Service and the Department of Agriculture 

15 should clearly display the sums previously transferred and 

16 the requested funding transfers. 

17 Any appropriations or funds available to the Forest 

18 Service may be used for necessary expenses in the event 

19 of law enforcement emergencies as necessary to protect 

20 natural resources and public or employee safety: Provided,

21 That such amounts shall not exceed $1,000,000. 

22 The Secretary of Agriculture may authorize the sale 

23 of excess buildings, facilities, and other properties owned 

24 by the Forest Service and located on the Green Mountain 

25 National Forest, the revenues of which shall be retained 
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1 by the Forest Service and available to the Secretary with2 out further appropriation and until expended for mainte3 nance and rehabilitation activities on the Green Mountain 

4 National Forest. 

5 The Secretary of Agriculture may transfer or reim6 burse funds available to the Forest Service, not to exceed 

7 $15,000,000, to the Secretary of the Interior or the Sec8 retary of Commerce to expedite conferencing and consulta9 tions as required under section 7 of the Endangered Spe10 cies Act, 16 U.S.C. 1536. The amount of the transfer or 

11 reimbursement shall be as mutually agreed by the Sec12 retary of Agriculture and the Secretary of the Interior or 

13 Secretary of Commerce, as applicable, or their designees. 

14 The amount shall in no case exceed the actual costs of 

15 consultation and conferencing. 

16 Beginning on June 30, 2001 and concluding on De17 cember 31, 2004, an eligible individual who is employed 

18 in any project funded under Title V of the Older American 

19 Act of 1965 (42 U.S.C. 3056 et seq.) and administered 

20 by the Forest Service shall be considered to be a Federal 

21 employee for purposes of chapter 171 of title 28, United 

22 States Code. 
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HR 2691 PCS 

1 DEPARTMENT OF ENERGY 

2 CLEAN COAL TECHNOLOGY

3 (DEFERRAL) 

4 Of the funds made available under this heading for 

5 obligation in prior years, $86,000,000 shall not be avail6 able until October 1, 2004: Provided, That funds made 

7 available in previous appropriations Acts shall be available 

8 for any ongoing project regardless of the separate request 

9 for proposal under which the project was selected. 

10 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

11 For necessary expenses in carrying out fossil energy 

12 research and development activities, under the authority 

13 of the Department of Energy Organization Act (Public 

14 Law 95–91), including the acquisition of interest, includ15 ing defeasible and equitable interests in any real property 

16 or any facility or for plant or facility acquisition or expan17 sion, and for conducting inquiries, technological investiga18 tions and research concerning the extraction, processing, 

19 use, and disposal of mineral substances without objection20 able social and environmental costs (30 U.S.C. 3, 1602, 

21 and 1603), $609,290,000 to remain available until ex22 pended, of which $2,000,000 is to continue a multi-year 

23 project for construction, renovation, furnishing, and demo24 lition or removal of buildings at National Energy Tech25 nology Laboratory facilities in Morgantown, West Virginia 
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HR 2691 PCS 

1 and Pittsburgh, Pennsylvania; and of which $130,000,000 

2 are to be made available, after coordination with the pri3 vate sector, for a request for proposals for a Clean Coal 

4 Power Initiative providing for competitively-awarded re5 search, development, and demonstration projects to reduce 

6 the barriers to continued and expanded coal use: Provided,

7 That no project may be selected for which sufficient fund8 ing is not available to provide for the total project: Pro9 vided further, That funds shall be expended in accordance 

10 with the provisions governing the use of funds contained 

11 under the heading ‘‘Clean Coal Technology’’ in 42 U.S.C. 

12 5903d: Provided further, That the Department may in13 clude provisions for repayment of Government contribu14 tions to individual projects in an amount up to the Govern15 ment contribution to the project on terms and conditions 

16 that are acceptable to the Department including repay17 ments from sale and licensing of technologies from both 

18 domestic and foreign transactions: Provided further, That 

19 such repayments shall be retained by the Department for 

20 future coal-related research, development and demonstra21 tion projects: Provided further, That any technology se22 lected under this program shall be considered a Clean Coal 

23 Technology, and any project selected under this program 

24 shall be considered a Clean Coal Technology Project, for 

25 the purposes of 42 U.S.C. 7651n, and Chapters 51, 52, 
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HR 2691 PCS 

1 and 60 of title 40 of the Code of Federal Regulations: 

2 Provided further, That no part of the sum herein made 

3 available shall be used for the field testing of nuclear ex4 plosives in the recovery of oil and gas: Provided further,

5 That up to 4 percent of program direction funds available 

6 to the National Energy Technology Laboratory may be 

7 used to support Department of Energy activities not in8 cluded in this account. 

9 NAVAL PETROLEUM AND OIL SHALE RESERVES

10 For expenses necessary to carry out naval petroleum 

11 and oil shale reserve activities, $20,500,000, to remain 

12 available until expended: Provided, That, notwithstanding 

13 any other provision of law, unobligated funds remaining 

14 from prior years shall be available for all naval petroleum 

15 and oil shale reserve activities. 

16 ELK HILLS SCHOOL LANDS FUND

17 For necessary expenses in fulfilling installment pay18 ments under the Settlement Agreement entered into by 

19 the United States and the State of California on October 

20 11, 1996, as authorized by section 3415 of Public Law 

21 104–106, $36,000,000, to become available on October 1, 

22 2004 for payment to the State of California for the State 

23 Teachers’ Retirement Fund from the Elk Hills School 

24 Lands Fund. 
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HR 2691 PCS 

1 ENERGY CONSERVATION

2 For necessary expenses in carrying out energy con3 servation activities, $879,487,000 (increased by 

4 $15,000,000, reduced by $15,000,000), to remain avail5 able until expended: Provided, That $270,000,000 (in6 creased by $15,000,000) shall be for use in energy con7 servation grant programs as defined in section 3008(3) 

8 of Public Law 99–509 (15 U.S.C. 4507): Provided further,

9 That notwithstanding section 3003(d)(2) of Public Law 

10 99–509, such sums shall be allocated to the eligible pro11 grams as follows: $225,000,000 (increased by 

12 $15,000,000) for weatherization assistance grants and 

13 $45,000,000 for State energy program grants. 

14 ECONOMIC REGULATION

15 For necessary expenses in carrying out the activities 

16 of the Office of Hearings and Appeals, $1,047,000, to re17 main available until expended. 

18 STRATEGIC PETROLEUM RESERVE

19 For necessary expenses for Strategic Petroleum Re20 serve facility development and operations and program 

21 management activities pursuant to the Energy Policy and 

22 Conservation Act of 1975, as amended (42 U.S.C. 6201 

23 et seq.), $175,081,000, to remain available until expended. 
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HR 2691 PCS 

1 NORTHEAST HOME HEATING OIL RESERVE

2 For necessary expenses for Northeast Home Heating 

3 Oil Reserve storage, operations, and management activi4 ties pursuant to the Energy Policy and Conservation Act 

5 of 2000, $5,000,000, to remain available until expended. 

6 ENERGY INFORMATION ADMINISTRATION

7 For necessary expenses in carrying out the activities 

8 of the Energy Information Administration, $82,111,000, 

9 to remain available until expended. 

10 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

11 Appropriations under this Act for the current fiscal 

12 year shall be available for hire of passenger motor vehicles; 

13 hire, maintenance, and operation of aircraft; purchase, re14 pair, and cleaning of uniforms; and reimbursement to the 

15 General Services Administration for security guard serv16 ices. 

17 From appropriations under this Act, transfers of 

18 sums may be made to other agencies of the Government 

19 for the performance of work for which the appropriation 

20 is made. 

21 None of the funds made available to the Department 

22 of Energy under this Act shall be used to implement or 

23 finance authorized price support or loan guarantee pro24 grams unless specific provision is made for such programs 

25 in an appropriations Act. 
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HR 2691 PCS 

1 The Secretary is authorized to accept lands, build2 ings, equipment, and other contributions from public and 

3 private sources and to prosecute projects in cooperation 

4 with other agencies, Federal, State, private or foreign: 

5 Provided, That revenues and other moneys received by or 

6 for the account of the Department of Energy or otherwise 

7 generated by sale of products in connection with projects 

8 of the Department appropriated under this Act may be 

9 retained by the Secretary of Energy, to be available until 

10 expended, and used only for plant construction, operation, 

11 costs, and payments to cost-sharing entities as provided 

12 in appropriate cost-sharing contracts or agreements: Pro13 vided further, That the remainder of revenues after the 

14 making of such payments shall be covered into the Treas15 ury as miscellaneous receipts: Provided further, That any 

16 contract, agreement, or provision thereof entered into by 

17 the Secretary pursuant to this authority shall not be exe18 cuted prior to the expiration of 30 calendar days (not in19 cluding any day in which either House of Congress is not 

20 in session because of adjournment of more than 3 calendar 

21 days to a day certain) from the receipt by the Speaker 

22 of the House of Representatives and the President of the 

23 Senate of a full comprehensive report on such project, in24 cluding the facts and circumstances relied upon in support 

25 of the proposed project. 
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HR 2691 PCS 

1 No funds provided in this Act may be expended by 

2 the Department of Energy to prepare, issue, or process 

3 procurement documents for programs or projects for 

4 which appropriations have not been made. 

5 In addition to other authorities set forth in this Act, 

6 the Secretary may accept fees and contributions from pub7 lic and private sources, to be deposited in a contributed 

8 funds account, and prosecute projects using such fees and 

9 contributions in cooperation with other Federal, State or 

10 private agencies or concerns. 

11 DEPARTMENT OF HEALTH AND HUMAN 

12 SERVICES 

13 INDIAN HEALTH SERVICE

14 INDIAN HEALTH SERVICES

15 For expenses necessary to carry out the Act of Au16 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina17 tion Act, the Indian Health Care Improvement Act, and 

18 titles II and III of the Public Health Service Act with re19 spect to the Indian Health Service, $2,556,082,000, to20 gether with payments received during the fiscal year pur21 suant to 42 U.S.C. 238(b) for services furnished by the 

22 Indian Health Service: Provided, That funds made avail23 able to tribes and tribal organizations through contracts, 

24 grant agreements, or any other agreements or compacts 

25 authorized by the Indian Self-Determination and Edu-
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1 cation Assistance Act of 1975 (25 U.S.C. 450), shall be 

2 deemed to be obligated at the time of the grant or contract 

3 award and thereafter shall remain available to the tribe 

4 or tribal organization without fiscal year limitation: Pro5 vided further, That $18,000,000 shall remain available 

6 until expended, for the Indian Catastrophic Health Emer7 gency Fund: Provided further, That $460,046,000 for con8 tract medical care shall remain available for obligation 

9 until September 30, 2005: Provided further, That of the 

10 funds provided, up to $27,000,000 to remain available 

11 until expended, shall be used to carry out the loan repay12 ment program under section 108 of the Indian Health 

13 Care Improvement Act: Provided further, That funds pro14 vided in this Act may be used for 1-year contracts and 

15 grants which are to be performed in 2 fiscal years, so long 

16 as the total obligation is recorded in the year for which 

17 the funds are appropriated: Provided further, That the 

18 amounts collected by the Secretary of Health and Human 

19 Services under the authority of title IV of the Indian 

20 Health Care Improvement Act shall remain available until 

21 expended for the purpose of achieving compliance with the 

22 applicable conditions and requirements of titles XVIII and 

23 XIX of the Social Security Act (exclusive of planning, de24 sign, or construction of new facilities): Provided further,

25 That funding contained herein, and in any earlier appro-
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1 priations Acts for scholarship programs under the Indian 

2 Health Care Improvement Act (25 U.S.C. 1613) shall re3 main available until expended: Provided further, That 

4 amounts received by tribes and tribal organizations under 

5 title IV of the Indian Health Care Improvement Act shall 

6 be reported and accounted for and available to the receiv7 ing tribes and tribal organizations until expended: Pro8 vided further, That, notwithstanding any other provision 

9 of law, of the amounts provided herein, not to exceed 

10 $270,734,000 shall be for payments to tribes and tribal 

11 organizations for contract or grant support costs associ12 ated with contracts, grants, self-governance compacts or 

13 annual funding agreements between the Indian Health 

14 Service and a tribe or tribal organization pursuant to the 

15 Indian Self-Determination Act of 1975, as amended, prior 

16 to or during fiscal year 2004, of which not to exceed 

17 $2,500,000 may be used for contract support costs associ18 ated with new or expanded self-determination contracts, 

19 grants, self-governance compacts or annual funding agree20 ments: Provided further, That funds available for the In21 dian Health Care Improvement Fund may be used, as 

22 needed, to carry out activities typically funded under the 

23 Indian Health Facilities account. 
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HR 2691 PCS 

1 INDIAN HEALTH FACILITIES

2 For construction, repair, maintenance, improvement, 

3 and equipment of health and related auxiliary facilities, 

4 including quarters for personnel; preparation of plans, 

5 specifications, and drawings; acquisition of sites, purchase 

6 and erection of modular buildings, and purchases of trail7 ers; and for provision of domestic and community sanita8 tion facilities for Indians, as authorized by section 7 of 

9 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

10 Self-Determination Act, and the Indian Health Care Im11 provement Act, and for expenses necessary to carry out 

12 such Acts and titles II and III of the Public Health Serv13 ice Act with respect to environmental health and facilities 

14 support activities of the Indian Health Service, 

15 $392,560,000, to remain available until expended: Pro16 vided, That notwithstanding any other provision of law, 

17 funds appropriated for the planning, design, construction 

18 or renovation of health facilities for the benefit of an In19 dian tribe or tribes may be used to purchase land for sites 

20 to construct, improve, or enlarge health or related facili21 ties: Provided further, That from the funds appropriated 

22 herein, $5,000,000 shall be designated by the Indian 

23 Health Service as a contribution to the Yukon-Kuskokwim 

24 Health Corporation (YKHC) to complete a priority project 

25 for the acquisition of land, planning, design and construc-
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HR 2691 PCS 

1 tion of 79 staff quarters in the Bethel service area, pursu2 ant to the negotiated project agreement between the 

3 YKHC and the Indian Health Service: Provided further,

4 That this project shall not be subject to the construction 

5 provisions of the Indian Self-Determination and Edu6 cation Assistance Act and shall be removed from the In7 dian Health Service priority list upon completion: Provided 

8 further, That the Federal Government shall not be liable 

9 for any property damages or other construction claims 

10 that may arise from YKHC undertaking this project: Pro11 vided further, That the land shall be owned or leased by 

12 the YKHC and title to quarters shall remain vested with 

13 the YKHC: Provided further, That not to exceed $500,000 

14 shall be used by the Indian Health Service to purchase 

15 TRANSAM equipment from the Department of Defense 

16 for distribution to the Indian Health Service and tribal 

17 facilities: Provided further, That none of the funds appro18 priated to the Indian Health Service may be used for sani19 tation facilities construction for new homes funded with 

20 grants by the housing programs of the United States De21 partment of Housing and Urban Development: Provided 

22 further, That not to exceed $500,000 shall be used by the 

23 Indian Health Service to obtain ambulances for the Indian 

24 Health Service and tribal facilities in conjunction with an 

25 existing interagency agreement between the Indian Health 
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HR 2691 PCS 

1 Service and the General Services Administration: Provided 

2 further, That not to exceed $500,000 shall be placed in 

3 a Demolition Fund, available until expended, to be used 

4 by the Indian Health Service for demolition of Federal 

5 buildings. 

6 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

7 Appropriations in this Act to the Indian Health Serv8 ice shall be available for services as authorized by 5 U.S.C. 

9 3109 but at rates not to exceed the per diem rate equiva10 lent to the maximum rate payable for senior-level positions 

11 under 5 U.S.C. 5376; hire of passenger motor vehicles and 

12 aircraft; purchase of medical equipment; purchase of re13 prints; purchase, renovation and erection of modular 

14 buildings and renovation of existing facilities; payments 

15 for telephone service in private residences in the field, 

16 when authorized under regulations approved by the Sec17 retary; and for uniforms or allowances therefor as author18 ized by 5 U.S.C. 5901–5902; and for expenses of attend19 ance at meetings which are concerned with the functions 

20 or activities for which the appropriation is made or which 

21 will contribute to improved conduct, supervision, or man22 agement of those functions or activities. 

23 In accordance with the provisions of the Indian 

24 Health Care Improvement Act, non-Indian patients may 

25 be extended health care at all tribally administered or In-
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HR 2691 PCS 

1 dian Health Service facilities, subject to charges, and the 

2 proceeds along with funds recovered under the Federal 

3 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

4 be credited to the account of the facility providing the 

5 service and shall be available without fiscal year limitation. 

6 Notwithstanding any other law or regulation, funds trans7 ferred from the Department of Housing and Urban Devel8 opment to the Indian Health Service shall be administered 

9 under Public Law 86–121 (the Indian Sanitation Facili10 ties Act) and Public Law 93–638, as amended. 

11 Funds appropriated to the Indian Health Service in 

12 this Act, except those used for administrative and program 

13 direction purposes, shall not be subject to limitations di14 rected at curtailing Federal travel and transportation. 

15 Notwithstanding any other provision of law, funds 

16 previously or herein made available to a tribe or tribal or17 ganization through a contract, grant, or agreement au18 thorized by title I or title III of the Indian Self-Determina19 tion and Education Assistance Act of 1975 (25 U.S.C. 

20 450), may be deobligated and reobligated to a self-deter21 mination contract under title I, or a self-governance agree22 ment under title III of such Act and thereafter shall re23 main available to the tribe or tribal organization without 

24 fiscal year limitation. 
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HR 2691 PCS 

1 None of the funds made available to the Indian 

2 Health Service in this Act shall be used to implement the 

3 final rule published in the Federal Register on September 

4 16, 1987, by the Department of Health and Human Serv5 ices, relating to the eligibility for the health care services 

6 of the Indian Health Service until the Indian Health Serv7 ice has submitted a budget request reflecting the increased 

8 costs associated with the proposed final rule, and such re9 quest has been included in an appropriations Act and en10 acted into law. 

11 With respect to functions transferred by the Indian 

12 Health Service to tribes or tribal organizations, the Indian 

13 Health Service is authorized to provide goods and services 

14 to those entities, on a reimbursable basis, including pay15 ment in advance with subsequent adjustment. The reim16 bursements received therefrom, along with the funds re17 ceived from those entities pursuant to the Indian Self-De18 termination Act, may be credited to the same or subse19 quent appropriation account which provided the funding. 

20 Such amounts shall remain available until expended. 

21 Reimbursements for training, technical assistance, or 

22 services provided by the Indian Health Service will contain 

23 total costs, including direct, administrative, and overhead 

24 associated with the provision of goods, services, or tech25 nical assistance. 
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HR 2691 PCS 

1 The appropriation structure for the Indian Health 

2 Service may not be altered without advance approval of 

3 the House and Senate Committees on Appropriations. 

4 OTHER RELATED AGENCIES 

5 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of Navajo and 

8 Hopi Indian Relocation as authorized by Public Law 93–

9 531, $13,532,000, to remain available until expended: 

10 Provided, That funds provided in this or any other appro11 priations Act are to be used to relocate eligible individuals 

12 and groups including evictees from District 6, Hopi-parti13 tioned lands residents, those in significantly substandard 

14 housing, and all others certified as eligible and not in15 cluded in the preceding categories: Provided further, That 

16 none of the funds contained in this or any other Act may 

17 be used by the Office of Navajo and Hopi Indian Reloca18 tion to evict any single Navajo or Navajo family who, as 

19 of November 30, 1985, was physically domiciled on the 

20 lands partitioned to the Hopi Tribe unless a new or re21 placement home is provided for such household: Provided 

22 further, That no relocatee will be provided with more than 

23 one new or replacement home: Provided further, That the 

24 Office shall relocate any certified eligible relocatees who 

25 have selected and received an approved homesite on the 
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HR 2691 PCS 

1 Navajo reservation or selected a replacement residence off 

2 the Navajo reservation or on the land acquired pursuant 

3 to 25 U.S.C. 640d–10. 

4 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

5 CULTURE AND ARTS DEVELOPMENT

6 PAYMENT TO THE INSTITUTE

7 For payment to the Institute of American Indian and 

8 Alaska Native Culture and Arts Development, as author9 ized by title XV of Public Law 99–498, as amended (20 

10 U.S.C. 56 part A), $5,250,000. 

11 SMITHSONIAN INSTITUTION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Smithsonian Institu14 tion, as authorized by law, including research in the fields 

15 of art, science, and history; development, preservation, and 

16 documentation of the National Collections; presentation of 

17 public exhibits and performances; collection, preparation, 

18 dissemination, and exchange of information and publica19 tions; conduct of education, training, and museum assist20 ance programs; maintenance, alteration, operation, lease 

21 (for terms not to exceed 30 years), and protection of build22 ings, facilities, and approaches; not to exceed $100,000 

23 for services as authorized by 5 U.S.C. 3109; up to five 

24 replacement passenger vehicles; purchase, rental, repair, 

25 and cleaning of uniforms for employees, $489,748,000, of 
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HR 2691 PCS 

1 which not to exceed $46,903,000 for the instrumentation 

2 program, collections acquisition, exhibition reinstallation, 

3 the National Museum of the American Indian, and the re4 patriation of skeletal remains program shall remain avail5 able until expended; and of which $828,000 for fellowships 

6 and scholarly awards shall remain available until Sep7 tember 30, 2005; and including such funds as may be nec8 essary to support American overseas research centers and 

9 a total of $125,000 for the Council of American Overseas 

10 Research Centers: Provided, That funds appropriated 

11 herein are available for advance payments to independent 

12 contractors performing research services or participating 

13 in official Smithsonian presentations: Provided further,

14 That the Smithsonian Institution may expend Federal ap15 propriations designated in this Act for lease or rent pay16 ments for long term and swing space, as rent payable to 

17 the Smithsonian Institution, and such rent payments may 

18 be deposited into the general trust funds of the Institution 

19 to the extent that federally supported activities are housed 

20 in the 900 H Street, N.W. building in the District of Co21 lumbia: Provided further, That this use of Federal appro22 priations shall not be construed as debt service, a Federal 

23 guarantee of, a transfer of risk to, or an obligation of, 

24 the Federal Government: Provided further, That no appro25 priated funds may be used to service debt which is in-
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HR 2691 PCS 

1 curred to finance the costs of acquiring the 900 H Street 

2 building or of planning, designing, and constructing im3 provements to such building. 

4 FACILITIES CAPITAL

5 For necessary expenses of repair, revitalization, and 

6 alteration of facilities owned or occupied by the Smithso7 nian Institution, by contract or otherwise, as authorized 

8 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

9 and for construction, including necessary personnel, 

10 $93,970,000, to remain available until expended, of which 

11 not to exceed $10,000 is for services as authorized by 5 

12 U.S.C. 3109: Provided, That contracts awarded for envi13 ronmental systems, protection systems, and repair or res14 toration of facilities of the Smithsonian Institution may 

15 be negotiated with selected contractors and awarded on 

16 the basis of contractor qualifications as well as price: Pro17 vided further, That balances from amounts previously ap18 propriated under the headings ‘‘Repair, Restoration and 

19 Alteration of Facilities’’ and ‘‘Construction’’ shall be 

20 transferred to and merged with this appropriation and 

21 shall remain until expended. 

22 ADMINISTRATIVE PROVISIONS, SMITHSONIAN

23 INSTITUTION

24 None of the funds in this or any other Act may be 

25 used to make any changes to the existing Smithsonian 
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HR 2691 PCS 

1 science programs including closure of facilities, relocation 

2 of staff or redirection of functions and programs without 

3 approval from the Board of Regents of recommendations 

4 received from the Science Commission. 

5 None of the funds in this or any other Act may be 

6 used to initiate the design for any proposed expansion of 

7 current space or new facility without consultation with the 

8 House and Senate Appropriations Committees. 

9 None of the funds in this or any other Act may be 

10 used for the Holt House located at the National Zoological 

11 Park in Washington, D.C., unless identified as repairs to 

12 minimize water damage, monitor structure movement, or 

13 provide interim structural support. 

14 None of the funds available to the Smithsonian may 

15 be reprogrammed without the advance written approval of 

16 the House and Senate Committees on Appropriations in 

17 accordance with the procedures contained in the House 

18 report accompanying this Act. 

19 The Secretary of the Smithsonian Institution may es20 tablish a voluntary separation incentive program substan21 tially similar to the program established under section 

22 1313(a) of the ‘‘Homeland Security Act of 2002’’ (Public 

23 Law 107–296, 116 Stat. 2135) for individuals serving in 

24 civil service positions in the Smithsonian Institution. 
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HR 2691 PCS 

1 NATIONAL GALLERY OF ART

2 SALARIES AND EXPENSES

3 For the upkeep and operations of the National Gal4 lery of Art, the protection and care of the works of art 

5 therein, and administrative expenses incident thereto, as 

6 authorized by the Act of March 24, 1937 (50 Stat. 51), 

7 as amended by the public resolution of April 13, 1939 

8 (Public Resolution 9, Seventy-sixth Congress), including 

9 services as authorized by 5 U.S.C. 3109; payment in ad10 vance when authorized by the treasurer of the Gallery for 

11 membership in library, museum, and art associations or 

12 societies whose publications or services are available to 

13 members only, or to members at a price lower than to the 

14 general public; purchase, repair, and cleaning of uniforms 

15 for guards, and uniforms, or allowances therefor, for other 

16 employees as authorized by law (5 U.S.C. 5901–5902); 

17 purchase or rental of devices and services for protecting 

18 buildings and contents thereof, and maintenance, alter19 ation, improvement, and repair of buildings, approaches, 

20 and grounds; and purchase of services for restoration and 

21 repair of works of art for the National Gallery of Art by 

22 contracts made, without advertising, with individuals, 

23 firms, or organizations at such rates or prices and under 

24 such terms and conditions as the Gallery may deem prop25 er, $88,849,000, of which not to exceed $3,026,000 for 
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HR 2691 PCS 

1 the special exhibition program shall remain available until 

2 expended. 

3 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

4 For necessary expenses of repair, restoration and 

5 renovation of buildings, grounds and facilities owned or 

6 occupied by the National Gallery of Art, by contract or 

7 otherwise, as authorized, $11,600,000, to remain available 

8 until expended: Provided, That contracts awarded for envi9 ronmental systems, protection systems, and exterior repair 

10 or renovation of buildings of the National Gallery of Art 

11 may be negotiated with selected contractors and awarded 

12 on the basis of contractor qualifications as well as price. 

13 JOHN F. KENNEDY CENTER FOR THE PERFORMING

14 ARTS

15 OPERATIONS AND MAINTENANCE

16 For necessary expenses for the operation, mainte17 nance and security of the John F. Kennedy Center for 

18 the Performing Arts, $16,560,000. 

19 CONSTRUCTION

20 For necessary expenses for capital repair and restora21 tion of the existing features of the building and site of 

22 the John F. Kennedy Center for the Performing Arts, 

23 $16,000,000, to remain available until expended. 
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1 WOODROW WILSON INTERNATIONAL CENTER FOR

2 SCHOLARS

3 SALARIES AND EXPENSES

4 For expenses necessary in carrying out the provisions 

5 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

6 1356) including hire of passenger vehicles and services as 

7 authorized by 5 U.S.C. 3109, $8,604,000. 

8 NATIONAL FOUNDATION ON THE ARTS AND THE

9 HUMANITIES

10 NATIONAL ENDOWMENT FOR THE ARTS

11 GRANTS AND ADMINISTRATION

12 For necessary expenses to carry out the National 

13 Foundation on the Arts and the Humanities Act of 1965, 

14 as amended, $117,480,000 (increased by $10,000,000), 

15 shall be available to the National Endowment for the Arts 

16 for the support of projects and productions in the arts 

17 through assistance to organizations and individuals pursu18 ant to sections 5(c) and 5(g) of the Act, including 

19 $17,000,000 (increased by $10,000,000) for support of 

20 arts education and public outreach activities through the 

21 Challenge America program, for program support, and for 

22 administering the functions of the Act, to remain available 

23 until expended: Provided, That funds previously appro24 priated to the National Endowment for the Arts ‘‘Match-
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1 ing Grants’’ account and ‘‘Challenge America’’ account 

2 may be transferred to and merged with this account. 

3 NATIONAL ENDOWMENT FOR THE HUMANITIES

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National 

6 Foundation on the Arts and the Humanities Act of 1965, 

7 as amended, $120,878,000 (increased by $5,000,000), 

8 shall be available to the National Endowment for the Hu9 manities for support of activities in the humanities, pursu10 ant to section 7(c) of the Act, and for administering the 

11 functions of the Act, to remain available until expended. 

12 MATCHING GRANTS

13 To carry out the provisions of section 10(a)(2) of the 

14 National Foundation on the Arts and the Humanities Act 

15 of 1965, as amended, $16,122,000, to remain available 

16 until expended, of which $10,436,000 shall be available 

17 to the National Endowment for the Humanities for the 

18 purposes of section 7(h): Provided, That this appropria19 tion shall be available for obligation only in such amounts 

20 as may be equal to the total amounts of gifts, bequests, 

21 and devises of money, and other property accepted by the 

22 chairman or by grantees of the Endowment under the pro23 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 

24 the current and preceding fiscal years for which equal 

25 amounts have not previously been appropriated. 
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1 ADMINISTRATIVE PROVISIONS

2 None of the funds appropriated to the National 

3 Foundation on the Arts and the Humanities may be used 

4 to process any grant or contract documents which do not 

5 include the text of 18 U.S.C. 1913: Provided, That none 

6 of the funds appropriated to the National Foundation on 

7 the Arts and the Humanities may be used for official re8 ception and representation expenses: Provided further,

9 That funds from nonappropriated sources may be used as 

10 necessary for official reception and representation ex11 penses: Provided further, That the Chairperson of the Na12 tional Endowment for the Arts may approve grants up to 

13 $10,000, if in the aggregate this amount does not exceed 

14 5 percent of the sums appropriated for grant making pur15 poses per year: Provided further, That such small grant 

16 actions are taken pursuant to the terms of an expressed 

17 and direct delegation of authority from the National Coun18 cil on the Arts to the Chairperson. 

19 COMMISSION OF FINE ARTS

20 SALARIES AND EXPENSES

21 For expenses made necessary by the Act establishing 

22 a Commission of Fine Arts (40 U.S.C. 104), $1,422,000: 

23 Provided, That the Commission is authorized to charge 

24 fees to cover the full costs of its publications, and such 

25 fees shall be credited to this account as an offsetting col-
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1 lection, to remain available until expended without further 

2 appropriation. 

3 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

4 For necessary expenses as authorized by Public Law 

5 99–190 (20 U.S.C. 956(a)), as amended, $7,000,000.

6 ADMINISTRATIVE PROVISION

7 None of the funds appropriated in this or any other 

8 Act, except funds appropriated to the Office of Manage9 ment and Budget, shall be available to study the alteration 

10 or transfer of the National Capital Arts and Cultural Af11 fairs program. 

12 ADVISORY COUNCIL ON HISTORIC PRESERVATION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Advisory Council on 

15 Historic Preservation (Public Law 89–665, as amended), 

16 $4,100,000: Provided, That none of these funds shall be 

17 available for compensation of level V of the Executive 

18 Schedule or higher positions. 

19 NATIONAL CAPITAL PLANNING COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses, as authorized by the Na22 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

23 including services as authorized by 5 U.S.C. 3109, 

24 $7,730,000: Provided, That for fiscal year 2004 and there25 after, all appointed members of the Commission will be 
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1 compensated at a rate not to exceed the daily equivalent 

2 of the annual rate of pay for positions at level IV of the 

3 Executive Schedule for each day such member is engaged 

4 in the actual performance of duties. 

5 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

6 HOLOCAUST MEMORIAL MUSEUM

7 For expenses of the Holocaust Memorial Museum, as 

8 authorized by Public Law 106–292 (36 U.S.C. 2301–

9 2310), $39,997,000, of which $1,900,000 for the muse10 um’s repair and rehabilitation program and $1,264,000 

11 for the museum’s exhibitions program shall remain avail12 able until expended. 

13 PRESIDIO TRUST

14 PRESIDIO TRUST FUND

15 For necessary expenses to carry out title I of the Om16 nibus Parks and Public Lands Management Act of 1996, 

17 $20,700,000 shall be available to the Presidio Trust, to 

18 remain available until expended. 

19 TITLE III—GENERAL PROVISIONS 

20 SEC. 301. The expenditure of any appropriation 

21 under this Act for any consulting service through procure22 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

23 to those contracts where such expenditures are a matter 

24 of public record and available for public inspection, except 
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1 where otherwise provided under existing law, or under ex2 isting Executive Order issued pursuant to existing law. 

3 SEC. 302. No part of any appropriation contained in 

4 this Act shall be available for any activity or the publica5 tion or distribution of literature that in any way tends to 

6 promote public support or opposition to any legislative 

7 proposal on which congressional action is not complete. 

8 SEC. 303. No part of any appropriation contained in 

9 this Act shall remain available for obligation beyond the 

10 current fiscal year unless expressly so provided herein. 

11 SEC. 304. None of the funds provided in this Act to 

12 any department or agency shall be obligated or expended 

13 to provide a personal cook, chauffeur, or other personal 

14 servants to any officer or employee of such department 

15 or agency except as otherwise provided by law. 

16 SEC. 305. No assessments, charges, or billings may 

17 be levied against any program, budget activity, subactivity, 

18 or project funded by this Act unless advance notice of such 

19 assessments, charges, or billings and the basis therefor are 

20 presented to the House and Senate Committees on Appro21 priations and are approved by such Committees. 

22 SEC. 306. None of the funds in this Act may be used 

23 to plan, prepare, or offer for sale timber from trees classi24 fied as giant sequoia (Sequoiadendron giganteum) which 

25 are located on National Forest System or Bureau of Land 
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1 Management lands in a manner different than such sales 

2 were conducted in fiscal year 2002. 

3 SEC. 307. (a) LIMITATION OF FUNDS.—None of the 

4 funds appropriated or otherwise made available pursuant 

5 to this Act shall be obligated or expended to accept or 

6 process applications for a patent for any mining or mill 

7 site claim located under the general mining laws. 

8 (b) EXCEPTIONS.—The provisions of subsection (a) 

9 shall not apply if the Secretary of the Interior determines 

10 that, for the claim concerned: (1) a patent application was 

11 filed with the Secretary on or before September 30, 1994; 

12 and (2) all requirements established under sections 2325 

13 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

14 for vein or lode claims and sections 2329, 2330, 2331, 

15 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 

16 37) for placer claims, and section 2337 of the Revised 

17 Statutes (30 U.S.C. 42) for mill site claims, as the case 

18 may be, were fully complied with by the applicant by that 

19 date. 

20 (c) REPORT.—On September 30, 2004, the Secretary 

21 of the Interior shall file with the House and Senate Com22 mittees on Appropriations and the Committee on Re23 sources of the House of Representatives and the Com24 mittee on Energy and Natural Resources of the Senate 

25 a report on actions taken by the Department under the 
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1 plan submitted pursuant to section 314(c) of the Depart2 ment of the Interior and Related Agencies Appropriations 

3 Act, 1997 (Public Law 104–208). 

4 (d) MINERAL EXAMINATIONS.—In order to process 

5 patent applications in a timely and responsible manner, 

6 upon the request of a patent applicant, the Secretary of 

7 the Interior shall allow the applicant to fund a qualified 

8 third-party contractor to be selected by the Bureau of 

9 Land Management to conduct a mineral examination of 

10 the mining claims or mill sites contained in a patent appli11 cation as set forth in subsection (b). The Bureau of Land 

12 Management shall have the sole responsibility to choose 

13 and pay the third-party contractor in accordance with the 

14 standard procedures employed by the Bureau of Land 

15 Management in the retention of third-party contractors. 

16 SEC. 308. Notwithstanding any other provision of 

17 law, amounts appropriated to or earmarked in committee 

18 reports for the Bureau of Indian Affairs and the Indian 

19 Health Service by Public Laws 103–138, 103–332, 104–

20 134, 104–208, 105–83, 105–277, 106–113, 106–291, 

21 107–63, and 108–7 for payments to tribes and tribal orga22 nizations for contract support costs associated with self23 determination or self-governance contracts, grants, com24 pacts, or annual funding agreements with the Bureau of 

25 Indian Affairs or the Indian Health Service as funded by 
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1 such Acts, are the total amounts available for fiscal years 

2 1994 through 2003 for such purposes, except that, for the 

3 Bureau of Indian Affairs, tribes and tribal organizations 

4 may use their tribal priority allocations for unmet indirect 

5 costs of ongoing contracts, grants, self-governance com6 pacts or annual funding agreements. 

7 SEC. 309. Of the funds provided to the National En8 dowment for the Arts—

9 (1) The Chairperson shall only award a grant 

10 to an individual if such grant is awarded to such in11 dividual for a literature fellowship, National Herit12 age Fellowship, or American Jazz Masters Fellow13 ship. 

14 (2) The Chairperson shall establish procedures 

15 to ensure that no funding provided through a grant, 

16 except a grant made to a State or local arts agency, 

17 or regional group, may be used to make a grant to 

18 any other organization or individual to conduct ac19 tivity independent of the direct grant recipient. 

20 Nothing in this subsection shall prohibit payments 

21 made in exchange for goods and services. 

22 (3) No grant shall be used for seasonal support 

23 to a group, unless the application is specific to the 

24 contents of the season, including identified programs 

25 and/or projects. 
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1 SEC. 310. The National Endowment for the Arts and 

2 the National Endowment for the Humanities are author3 ized to solicit, accept, receive, and invest in the name of 

4 the United States, gifts, bequests, or devises of money and 

5 other property or services and to use such in furtherance 

6 of the functions of the National Endowment for the Arts 

7 and the National Endowment for the Humanities. Any 

8 proceeds from such gifts, bequests, or devises, after ac9 ceptance by the National Endowment for the Arts or the 

10 National Endowment for the Humanities, shall be paid by 

11 the donor or the representative of the donor to the Chair12 man. The Chairman shall enter the proceeds in a special 

13 interest-bearing account to the credit of the appropriate 

14 endowment for the purposes specified in each case. 

15 SEC. 311. (a) In providing services or awarding fi16 nancial assistance under the National Foundation on the 

17 Arts and the Humanities Act of 1965 from funds appro18 priated under this Act, the Chairperson of the National 

19 Endowment for the Arts shall ensure that priority is given 

20 to providing services or awarding financial assistance for 

21 projects, productions, workshops, or programs that serve 

22 underserved populations. 

23 (b) In this section: 

24 (1) The term ‘‘underserved population’’ means 

25 a population of individuals, including urban minori-
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1 ties, who have historically been outside the purview 

2 of arts and humanities programs due to factors such 

3 as a high incidence of income below the poverty line 

4 or to geographic isolation. 

5 (2) The term ‘‘poverty line’’ means the poverty 

6 line (as defined by the Office of Management and 

7 Budget, and revised annually in accordance with sec8 tion 673(2) of the Community Services Block Grant 

9 Act (42 U.S.C. 9902(2)) (applicable to a family of 

10 the size involved. 

11 (c) In providing services and awarding financial as12 sistance under the National Foundation on the Arts and 

13 Humanities Act of 1965 with funds appropriated by this 

14 Act, the Chairperson of the National Endowment for the 

15 Arts shall ensure that priority is given to providing serv16 ices or awarding financial assistance for projects, produc17 tions, workshops, or programs that will encourage public 

18 knowledge, education, understanding, and appreciation of 

19 the arts. 

20 (d) With funds appropriated by this Act to carry out 

21 section 5 of the National Foundation on the Arts and Hu22 manities Act of 1965—

23 (1) the Chairperson shall establish a grant cat24 egory for projects, productions, workshops, or pro-
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1 grams that are of national impact or availability or 

2 are able to tour several States; 

3 (2) the Chairperson shall not make grants ex4 ceeding 15 percent, in the aggregate, of such funds 

5 to any single State, excluding grants made under the 

6 authority of paragraph (1); 

7 (3) the Chairperson shall report to the Con8 gress annually and by State, on grants awarded by 

9 the Chairperson in each grant category under sec10 tion 5 of such Act; and 

11 (4) the Chairperson shall encourage the use of 

12 grants to improve and support community-based 

13 music performance and education. 

14 SEC. 312. No part of any appropriation contained in 

15 this Act shall be expended or obligated to complete and 

16 issue the 5-year program under the Forest and Rangeland 

17 Renewable Resources Planning Act. 

18 SEC. 313. None of the funds in this Act may be used 

19 to support Government-wide administrative functions un20 less such functions are justified in the budget process and 

21 funding is approved by the House and Senate Committees 

22 on Appropriations. 

23 SEC. 314. Notwithstanding any other provision of 

24 law, none of the funds in this Act may be used for GSA 

25 Telecommunication Centers. 
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1 SEC. 315. Notwithstanding any other provision of 

2 law, for fiscal year 2004 the Secretaries of Agriculture and 

3 the Interior are authorized to limit competition for water4 shed restoration project contracts as part of the ‘‘Jobs in 

5 the Woods’’ Program established in Region 10 of the For6 est Service to individuals and entities in historically tim7 ber-dependent areas in the States of Washington, Oregon, 

8 northern California, Idaho, Montana, and Alaska that 

9 have been affected by reduced timber harvesting on Fed10 eral lands. The Secretaries shall consider the benefits to 

11 the local economy in evaluating bids and designing pro12 curements which create economic opportunities for local 

13 contractors. 

14 SEC. 316. Amounts deposited during fiscal year 2003 

15 in the roads and trails fund provided for in the 14th para16 graph under the heading ‘‘FOREST SERVICE’’ of the 

17 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall 

18 be used by the Secretary of Agriculture, without regard 

19 to the State in which the amounts were derived, to repair 

20 or reconstruct roads, bridges, and trails on National For21 est System lands or to carry out and administer projects 

22 to improve forest health conditions, which may include the 

23 repair or reconstruction of roads, bridges, and trails on 

24 National Forest System lands in the wildland-community 

25 interface where there is an abnormally high risk of fire. 
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1 The projects shall emphasize reducing risks to human 

2 safety and public health and property and enhancing eco3 logical functions, long-term forest productivity, and bio4 logical integrity. The projects may be completed in a sub5 sequent fiscal year. Funds shall not be expended under 

6 this section to replace funds which would otherwise appro7 priately be expended from the timber salvage sale fund. 

8 Nothing in this section shall be construed to exempt any 

9 project from any environmental law. 

10 SEC. 317. Other than in emergency situations, none 

11 of the funds in this Act may be used to operate telephone 

12 answering machines during core business hours unless 

13 such answering machines include an option that enables 

14 callers to reach promptly an individual on-duty with the 

15 agency being contacted. 

16 SEC. 318. No timber sale in Region 10 shall be adver17 tised if the indicated rate is deficit when appraised using 

18 a residual value approach that assigns domestic Alaska 

19 values for western redcedar. Program accomplishments 

20 shall be based on volume sold. Should Region 10 sell, in 

21 fiscal year 2004, the annual average portion of the decadal 

22 allowable sale quantity called for in the current Tongass 

23 Land Management Plan in sales which are not deficit 

24 when appraised using a residual value approach that as25 signs domestic Alaska values for western redcedar, all of 
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HR 2691 PCS 

1 the western redcedar timber from those sales which is sur2 plus to the needs of domestic processors in Alaska, shall 

3 be made available to domestic processors in the contiguous 

4 48 United States at prevailing domestic prices. Should Re5 gion 10 sell, in fiscal year 2003, less than the annual aver6 age portion of the decadal allowable sale quantity called 

7 for in the Tongass Land Management Plan in sales which 

8 are not deficit when appraised using a residual value ap9 proach that assigns domestic Alaska values for western 

10 redcedar, the volume of western redcedar timber available 

11 to domestic processors at prevailing domestic prices in the 

12 contiguous 48 United States shall be that volume: (i) 

13 which is surplus to the needs of domestic processors in 

14 Alaska, and (ii) is that percent of the surplus western 

15 redcedar volume determined by calculating the ratio of the 

16 total timber volume which has been sold on the Tongass 

17 to the annual average portion of the decadal allowable sale 

18 quantity called for in the current Tongass Land Manage19 ment Plan. The percentage shall be calculated by Region 

20 10 on a rolling basis as each sale is sold (for purposes 

21 of this amendment, a ‘‘rolling basis’’ shall mean that the 

22 determination of how much western redcedar is eligible for 

23 sale to various markets shall be made at the time each 

24 sale is awarded). Western redcedar shall be deemed ‘‘sur25 plus to the needs of domestic processors in Alaska’’ when 
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1 the timber sale holder has presented to the Forest Service 

2 documentation of the inability to sell western redcedar logs 

3 from a given sale to domestic Alaska processors at a price 

4 equal to or greater than the log selling value stated in 

5 the contract. All additional western redcedar volume not 

6 sold to Alaska or contiguous 48 United States domestic 

7 processors may be exported to foreign markets at the elec8 tion of the timber sale holder. All Alaska yellow cedar may 

9 be sold at prevailing export prices at the election of the 

10 timber sale holder. 

11 SEC. 319. A project undertaken by the Forest Service 

12 under the Recreation Fee Demonstration Program as au13 thorized by section 315 of the Department of the Interior 

14 and Related Agencies Appropriations Act for Fiscal Year 

15 1996, as amended, shall not result in—

16 (1) displacement of the holder of an authoriza17 tion to provide commercial recreation services on 

18 Federal lands. Prior to initiating any project, the 

19 Secretary shall consult with potentially affected 

20 holders to determine what impacts the project may 

21 have on the holders. Any modifications to the au22 thorization shall be made within the terms and con23 ditions of the authorization and authorities of the 

24 impacted agency; 
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1 (2) the return of a commercial recreation serv2 ice to the Secretary for operation when such services 

3 have been provided in the past by a private sector 

4 provider, except when—

5 (A) the private sector provider fails to 

6 bid on such opportunities; 

7 (B) the private sector provider termi8 nates its relationship with the agency; or 

9 (C) the agency revokes the permit for 

10 non-compliance with the terms and conditions 

11 of the authorization. 

12 In such cases, the agency may use the Recreation Fee 

13 Demonstration Program to provide for operations until a 

14 subsequent operator can be found through the offering of 

15 a new prospectus. 

16 SEC. 320. Prior to October 1, 2004, the Secretary 

17 of Agriculture shall not be considered to be in violation 

18 of subparagraph 6(f)(5)(A) of the Forest and Rangeland 

19 Renewable Resources Planning Act of 1974 (16 U.S.C. 

20 1604(f)(5)(A)) solely because more than 15 years have 

21 passed without revision of the plan for a unit of the Na22 tional Forest System. Nothing in this section exempts the 

23 Secretary from any other requirement of the Forest and 

24 Rangeland Renewable Resources Planning Act (16 U.S.C. 

25 1600 et seq.) or any other law: Provided, That if the Sec-
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1 retary is not acting expeditiously and in good faith, within 

2 the funding available, to revise a plan for a unit of the 

3 National Forest System, this section shall be void with re4 spect to such plan and a court of proper jurisdiction may 

5 order completion of the plan on an accelerated basis. 

6 SEC. 321. No funds provided in this Act may be ex7 pended to conduct preleasing, leasing and related activities 

8 under either the Mineral Leasing Act (30 U.S.C. 181 et 

9 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

10 1331 et seq.) within the boundaries of a National Monu11 ment established pursuant to the Act of June 8, 1906 (16 

12 U.S.C. 431 et seq.) as such boundary existed on January 

13 20, 2001, except where such activities are allowed under 

14 the Presidential proclamation establishing such monu15 ment. 

16 SEC. 322. EXTENSION OF FOREST SERVICE CONVEY17 ANCES PILOT PROGRAM.—Section 329 of the Department 

18 of the Interior and Related Agencies Appropriations Act, 

19 2002 (16 U.S.C. 580d note; Public Law 107–63) is 

20 amended—

21 (1) in subsection (b), by striking ‘‘20’’ and in22 serting ‘‘30’’; 

23 (2) in subsection (c) by striking ‘‘3’’ and insert24 ing ‘‘8’’; and 
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1 (3) in subsection (d), by striking ‘‘2006’’ and 

2 inserting ‘‘2007’’. 

3 SEC. 323. Employees of the foundations established 

4 by Acts of Congress to solicit private sector funds on be5 half of Federal land management agencies shall, in fiscal 

6 year 2004 and thereafter, qualify for General Service Ad7 ministration contract airfares. 

8 SEC. 324. In entering into agreements with foreign 

9 countries pursuant to the Wildfire Suppression Assistance 

10 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

11 the Secretary of the Interior are authorized to enter into 

12 reciprocal agreements in which the individuals furnished 

13 under said agreements to provide fire management serv14 ices are considered, for purposes of tort liability, employ15 ees of the country receiving said services when the individ16 uals are engaged in fire management activities: Provided,

17 That the Secretary of Agriculture or the Secretary of the 

18 Interior shall not enter into any agreement under this pro19 vision unless the foreign country (either directly or 

20 through its fire organization) agrees to assume any and 

21 all liability for the acts or omissions of American fire22 fighters engaged in firefighting in a foreign country: Pro23 vided further, That when an agreement is reached for fur24 nishing fire fighting services, the only remedies for acts 

25 or omissions committed while fighting fires shall be those 
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1 provided under the laws of the host country, and those 

2 remedies shall be the exclusive remedies for any claim aris3 ing out of fighting fires in a foreign country: Provided fur4 ther, That neither the sending country nor any legal orga5 nization associated with the firefighter shall be subject to 

6 any legal action whatsoever pertaining to or arising out 

7 of the firefighter’s role in fire suppression. 

8 SEC. 325. A grazing permit or lease issued by the 

9 Secretary of the Interior or a grazing permit issued by 

10 the Secretary of Agriculture where National Forest Sys11 tem lands are involved that expires, is transferred, or 

12 waived during fiscal year 2004 shall be renewed under sec13 tion 402 of the Federal Land Policy and Management Act 

14 of 1976, as amended (43 U.S.C. 1752), section 19 of the 

15 Granger-Thye Act, as amended (16 U.S.C. 580l), title III 

16 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 

17 et seq.), or, if applicable, section 510 of the California 

18 Desert Protection Act (16 U.S.C. 410aaa–50). The terms 

19 and conditions contained in the expired, transferred, or 

20 waived permit or lease shall continue in effect under the 

21 renewed permit or lease until such time as the Secretary 

22 of the Interior or Secretary of Agriculture as appropriate 

23 completes processing of such permit or lease in compliance 

24 with all applicable laws and regulations, at which time 

25 such permit or lease may be canceled, suspended or modi-
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1 fied, in whole or in part, to meet the requirements of such 

2 applicable laws and regulations. Nothing in this section 

3 shall be deemed to alter the statutory authority of the Sec4 retary of the Interior or the Secretary of Agriculture: Pro5 vided, That where National Forest System lands are in6 volved and the Secretary of Agriculture has renewed an 

7 expired or waived grazing permit prior to or during fiscal 

8 year 2004, the terms and conditions of the renewed graz9 ing permit shall remain in effect until such time as the 

10 Secretary of Agriculture completes processing of the re11 newed permit in compliance with all applicable laws and 

12 regulations or until the expiration of the renewed permit, 

13 whichever comes first. Upon completion of the processing, 

14 the permit may be canceled, suspended or modified, in 

15 whole or in part, to meet the requirements of applicable 

16 laws and regulations. Nothing in this section shall be 

17 deemed to alter the Secretary of Agriculture’s statutory 

18 authority. 

19 SEC. 326. Notwithstanding any other provision of law 

20 or regulation, to promote the more efficient use of the 

21 health care funding allocation for fiscal year 2004, the 

22 Eagle Butte Service Unit of the Indian Health Service, 

23 at the request of the Cheyenne River Sioux Tribe, may 

24 pay base salary rates to health professionals up to the 

25 highest grade and step available to a physician, phar-
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HR 2691 PCS 

1 macist, or other health professional and may pay a recruit2 ment or retention bonus of up to 25 percent above the 

3 base pay rate. 

4 SEC. 327. None of the funds made available in this 

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government except 

7 pursuant to a transfer made by, or transfer authority pro8 vided in, this Act or any other appropriations Act. 

9 SEC. 328. PROHIBITION OF OIL AND GAS DRILLING

10 IN THE FINGER LAKES NATIONAL FOREST, NEW

11 YORK.—None of the funds in this Act may be used to 

12 prepare or issue a permit or lease for oil or gas drilling 

13 in the Finger Lakes National Forest, New York, during 

14 fiscal year 2004. 

15 SEC. 329. None of the funds made available in this 

16 Act may be used for the planning, design, or construction 

17 of improvements to Pennsylvania Avenue in front of the 

18 White House without the advance approval of the Commit19 tees on Appropriations. 

20 SEC. 330. In awarding a Federal Contract with funds 

21 made available by this Act, the Secretary of Agriculture 

22 and the Secretary of the Interior (the ‘‘Secretaries’’) may, 

23 in evaluating bids and proposals, give consideration to 

24 local contractors who are from, and who provide employ25 ment and training for, dislocated and displaced workers 
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1 in an economically disadvantaged rural community, in2 cluding those historically timber-dependent areas that 

3 have been affected by reduced timber harvesting on Fed4 eral lands and other forest-dependent rural communities 

5 isolated from significant alternative employment opportu6 nities: Provided, That the Secretaries may award grants 

7 or cooperative agreements to local non-profit entities, 

8 Youth Conservation Corps or related partnerships with 

9 State, local or non-profit youth groups, or small or dis10 advantaged business if the contract, grant, or cooperative 

11 agreement is for forest hazardous fuels reduction, water12 shed or water quality monitoring or restoration, wildlife 

13 or fish population monitoring, or habitat restoration or 

14 management: Provided further, That the terms ‘‘rural 

15 community’’ and ‘‘economically disadvantaged’’ shall have 

16 the same meanings as in section 2374 of Public Law 101–

17 624: Provided further, That the Secretaries shall develop 

18 guidance to implement this section: Provided further, That 

19 nothing in this section shall be construed as relieving the 

20 Secretaries of any duty under applicable procurement 

21 laws, except as provided in this section. 

22 SEC. 331. No funds appropriated in this Act for the 

23 acquisition of lands or interests in lands may be expended 

24 for the filing of declarations of taking or complaints in 

25 condemnation without the approval of the House and Sen-
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1 ate Committees on Appropriations: Provided, That this 

2 provision shall not apply to funds appropriated to imple3 ment the Everglades National Park Protection and Ex4 pansion Act of 1989, or to funds appropriated for federal 

5 assistance to the State of Florida to acquire lands for Ev6 erglades restoration purposes. 

7 SEC. 332. Section 315(f) of the Department of the 

8 Interior and Related Agencies Appropriations Act, 1996 

9 (as contained in section 101(c) of Public Law 104–134; 

10 110 Stat. 1321–200; 16 U.S.C. 460l–6a note), is amend11 ed—

12 (1) by striking ‘‘2004’’ and inserting ‘‘2006’’; 

13 and 

14 (2) by striking ‘‘2007’’ and inserting ‘‘2009’’. 

15 SEC. 333. Subsection (c) of section 551 of the Land 

16 Between the Lakes Protection Act of 1998 (16 U.S.C. 

17 460lll–61) is amended to read as follows: 

18 ‘‘(c) USE OF FUNDS.—The Secretary of Agriculture 

19 may expend amounts appropriated or otherwise made 

20 available to carry out this title in a manner consistent with 

21 the authorities exercised by the Tennessee Valley Author22 ity before the transfer of the Recreation Area to the ad23 ministrative jurisdiction of the Secretary, including camp24 ground management and visitor services, paid advertise-
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1 ment, and procurement of food and supplies for resale 

2 purposes.’’. 

3 SEC. 334. Section 339 of the Department of the Inte4 rior and Related Agencies Appropriations Act, 2000, as 

5 enacted into law by section 1000(a)(3) of Public Law 106–

6 113 (113 Stat. 1501A–204; 16 U.S.C. 528 note), is 

7 amended—

8 (1) in subsection (b)—

9 (A) in the first sentence, by striking ‘‘not 

10 less than the fair market value’’ and inserting 

11 ‘‘fees under subsection (c)’’; and 

12 (B) by striking the second sentence and in13 serting the following: ‘‘The Secretary shall es14 tablish appraisal methods and bidding proce15 dures to determine the fair market value of for16 est botanical products harvested under the pilot 

17 program.’’; 

18 (2) in subsection (c), by striking paragraph (1) 

19 and inserting the following new paragraph (1): 

20 ‘‘(1) IMPOSITION AND COLLECTION.—Under the 

21 pilot program, the Secretary of Agriculture shall 

22 charge and collect from a person who harvests forest 

23 botanical products on National Forest System lands 

24 a fee in an amount established by the Secretary to 

25 recover at least a portion of the fair market value 
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1 of the harvested forest botanical products and a por2 tion of the costs incurred by the Department of Ag3 riculture associated with granting, modifying, or 

4 monitoring the authorization for harvest of the for5 est botanical products, including the costs of any en6 vironmental or other analysis.’’; 

7 (3) in subsection (d)(1), by striking ‘‘charges 

8 and fees under subsections (b) and’’ and inserting 

9 ‘‘a fee under subsection’’; 

10 (4) in subsection (f)—

11 (A) in paragraph (1), by striking ‘‘sub12 sections (b) and’’ and inserting ‘‘subsection’’; 

13 (B) in paragraph (2), by striking ‘‘in ex14 cess of the amounts collected for forest botan15 ical products during fiscal year 1999’’; 

16 (C) in paragraph (3), by striking ‘‘charges 

17 and fees collected at that unit under the pilot 

18 program to pay for’’ and all that follows 

19 through the period at the end and inserting 

20 ‘‘fees collected at that unit under subsection (c) 

21 to pay for the costs of conducting inventories of 

22 forest botanical products, determining sustain23 able levels of harvest, monitoring and assessing 

24 the impacts of harvest levels and methods, con25 ducting restoration activities, including any nec-
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1 essary vegetation, and covering costs of the De2 partment of Agriculture described in subsection 

3 (c)(1).’’; and 

4 (D) in paragraph (4), by striking ‘‘sub5 sections (b) and’’ and inserting ‘‘subsection’’; 

6 (5) in subsection (g)—

7 (A) by striking ‘‘charges and fees under 

8 subsections (b) and’’ and inserting ‘‘fees under 

9 subsection’’; and 

10 (B) by striking ‘‘subsections (b) and’’ the 

11 second place it appears and inserting ‘‘sub12 section’’; and 

13 (6) in subsection (h), by striking paragraph (1) 

14 and inserting the following new paragraph (1): 

15 ‘‘(1) COLLECTION OF FEES.—The Secretary of 

16 Agriculture may collect fees under the authority of 

17 subsection (c) until September 30, 2009.’’. 

18 SEC. 335. None of the funds in this Act can be used 

19 to initiate any new competitive sourcing studies. 

20 SEC. 336. None of the funds made available by this 

21 Act may be used for the implementation of a competitive 

22 sourcing study at the Midwest Archaeological Center in 

23 Lincoln, Nebraska, or the Southeast Archaeological Cen24 ter in Florida. 
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1 SEC. 337. None of the funds made available by this 

2 Act may be used to implement amendments to Bureau of 

3 Land Management regulations on Recordable Disclaimers 

4 of Interest in Land (subpart 1864 of part 1860 of title 

5 43, Code of Federal Regulations) as adopted on January 

6 6, 2003, with regard to any lands within a designated Na7 tional Monument, Wilderness Study Area, National Park 

8 System unit, National Wildlife Refuge System unit, or 

9 lands within the National Wilderness Preservation Sys10 tem. 

11 This Act may be cited as the ‘‘Department of the In12 terior and Related Agencies Appropriations Act, 2004’’.

Passed the House of Representatives July 17, 2003. 

Attest: JEFF TRANDAHL, 

Clerk. 

Calendar No. 217

108TH CONGRESS 

1ST SESSION H. R. 2691

AN ACT

Making appropriations for the Department of the 

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

JULY 21, 2003

Received; read twice and placed on the calendar