In the Senate of the United States,

September 23, 2003.

Resolved, That the bill from the House of Representatives (H.R. 2691) entitled ‘‘An Act to making appropriations

for the Department of the Interior and related agencies for

the fiscal year ending September 30, 2004, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

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 fis4 cal year ending September 30, 2004, and for other purposes,

5 namely:
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1 TITLE I—DEPARTMENT OF THE INTERIOR

2 BUREAU OF LAND MANAGEMENT

3 MANAGEMENT OF LANDS AND RESOURCES

4 For necessary expenses for protection, use, improve5 ment, development, disposal, cadastral surveying, classifica6 tion, acquisition of easements and other interests in lands,

7 and performance of other functions, including maintenance

8 of facilities, as authorized by law, in the management of

9 lands and their resources under the jurisdiction of the Bu10 reau of Land Management, including the general adminis11 tration of the Bureau, and assessment of mineral potential

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

13 3150(a)), $847,091,000, to remain available until expended,

14 of which $1,000,000 is for high priority projects, to be car15 ried out by the Youth Conservation Corps; $2,484,000 is

16 for assessment of the mineral potential of public lands in

17 Alaska pursuant to section 1010 of Public Law 96–487; (16

18 U.S.C. 3150); and of which not to exceed $1,000,000 shall

19 be derived from the special receipt account established by

20 the Land and Water Conservation Act of 1965, as amended

21 (16 U.S.C. 460l–6a(i)); and of which $3,000,000 shall be

22 available in fiscal year 2004 subject to a match by at least

23 an equal amount by the National Fish and Wildlife Foun24 dation for cost-shared projects supporting conservation of

25 Bureau lands; and such funds shall be advanced to the
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1 Foundation as a lump sum grant without regard to when

2 expenses are incurred; in addition, $32,696,000 is for Min3 ing Law Administration program operations, including the

4 cost of administering the mining claim fee program; to re5 main available until expended, to be reduced by amounts

6 collected by the Bureau and credited to this appropriation

7 from annual mining claim fees so as to result in a final

8 appropriation estimated at not more than $847,091,000;

9 and $2,000,000, to remain available until expended, from

10 communication site rental fees established by the Bureau

11 for the cost of administering communication site activities:

12 Provided, That appropriations herein made shall not be

13 available for the destruction of healthy, unadopted, wild

14 horses and burros in the care of the Bureau.

15 WILDLAND FIRE MANAGEMENT

16 For necessary expenses for fire preparedness, suppres17 sion operations, fire science and research, emergency reha18 bilitation, hazardous fuels reduction, and rural fire assist19 ance by the Department of the Interior, $698,725,000, to

20 remain available until expended, of which not to exceed

21 $12,374,000 shall be for the renovation or construction of

22 fire facilities: Provided, That such funds are also available

23 for repayment of advances to other appropriation accounts

24 from which funds were previously transferred for such pur25 poses: Provided further, That persons hired pursuant to 43
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1 U.S.C. 1469 may be furnished subsistence and lodging with2 out cost from funds available from this appropriation: Pro3 vided further, That notwithstanding 42 U.S.C. 1856d, sums

4 received by a bureau or office of the Department of the Inte5 rior for fire protection rendered pursuant to 42 U.S.C. 1856

6 et seq., protection of United States property, may be cred7 ited to the appropriation from which funds were expended

8 to provide that protection, and are available without fiscal

9 year limitation: Provided further, That using the amounts

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

11 Interior may enter into procurement contracts, grants, or

12 cooperative agreements, for hazardous fuels reduction ac13 tivities, and for training and monitoring associated with

14 such hazardous fuels reduction activities, on Federal land,

15 or on adjacent non-Federal land for activities that benefit

16 resources on Federal land: Provided further, That notwith17 standing requirements of the Competition in Contracting

18 Act, the Secretary, for purposes of hazardous fuels reduction

19 activities, may obtain maximum practicable competition

20 among: (A) local private, nonprofit, or cooperative entities;

21 (B) Youth Conservation Corps crews or related partnerships

22 with state, local, or non-profit youth groups; (C) small or

23 micro-businesses; or (D) other entities that will hire or

24 train locally a significant percentage, defined as 50 percent

25 or more, of the project workforce to complete such contracts:
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1 Provided further, That in implementing this section, the

2 Secretary shall develop written guidance to field units to

3 ensure accountability and consistent application of the au4 thorities provided herein: Provided further, That funds ap5 propriated under this head may be used to reimburse the

6 United States Fish and Wildlife Service and the National

7 Marine Fisheries Service for the costs of carrying out their

8 responsibilities under the Endangered Species Act of 1973

9 (16 U.S.C. 1531 et seq.) to consult and conference, as re10 quired by section 7 of such Act in connection with wildland

11 fire management activities: Provided further, That the Sec12 retary of the Interior may use wildland fire appropriations

13 to enter into non-competitive sole source leases of real prop14 erty with local governments, at or below fair market value,

15 to construct capitalized improvements for fire facilities on

16 such leased properties, including but not limited to fire

17 guard stations, retardant stations, and other initial attack

18 and fire support facilities, and to make advance payments

19 for any such lease or for construction activity associated

20 with the lease.

21 CENTRAL HAZARDOUS MATERIALS FUND

22 For necessary expenses of the Department of the Inte23 rior and any of its component offices and bureaus for the

24 remedial action, including associated activities, of haz25 ardous waste substances, pollutants, or contaminants pur-
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1 suant to the Comprehensive Environmental Response, Com2 pensation, and Liability Act, as amended (42 U.S.C. 9601

3 et seq.), $9,978,000, to remain available until expended:

4 Provided, That notwithstanding 31 U.S.C. 3302, sums re5 covered from or paid by a party in advance of or as reim6 bursement for remedial action or response activities con7 ducted by the Department pursuant to section 107 or 113(f)

8 of such Act, shall be credited to this account, to be available

9 until expended without further appropriation: Provided

10 further, That such sums recovered from or paid by any

11 party are not limited to monetary payments and may in12 clude stocks, bonds or other personal or real property, which

13 may be retained, liquidated, or otherwise disposed of by the

14 Secretary and which shall be credited to this account.

15 CONSTRUCTION

16 For construction of buildings, recreation facilities,

17 roads, trails, and appurtenant facilities, $12,476,000, to re18 main available until expended.

19 LAND ACQUISITION

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

21 and 318(d) of Public Law 94–579, including administra22 tive expenses and acquisition of lands or waters, or interests

23 therein, $25,600,000, to be derived from the Land and

24 Water Conservation Fund and to remain available until

25 expended.
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1 OREGON AND CALIFORNIA GRANT LANDS

2 For expenses necessary for management, protection,

3 and development of resources and for construction, oper4 ation, and maintenance of access roads, reforestation, and

5 other improvements on the revested Oregon and California

6 Railroad grant lands, on other Federal lands in the Oregon

7 and California land-grant counties of Oregon, and on adja8 cent rights-of-way; and acquisition of lands or interests

9 therein, including existing connecting roads on or adjacent

10 to such grant lands; $106,672,000, to remain available until

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

12 receipts during the current fiscal year from the revested Or13 egon and California Railroad grant lands is hereby made

14 a charge against the Oregon and California land-grant

15 fund and shall be transferred to the General Fund in the

16 Treasury in accordance with the second paragraph of sub17 section (b) of title II of the Act of August 28, 1937 (50 Stat.

18 876).

19 FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND

20 (REVOLVING FUND, SPECIAL ACCOUNT)

21 In addition to the purposes authorized in Public Law

22 102–381, funds made available in the Forest Ecosystem

23 Health and Recovery Fund can be used for the purpose of

24 planning, preparing, implementing and monitoring salvage

25 timber sales and forest ecosystem health and recovery activi-
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1 ties, such as release from competing vegetation and density

2 control treatments. The Federal share of receipts (defined

3 as the portion of salvage timber receipts not paid to the

4 counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et

5 seq., and Public Law 106–393) derived from treatments

6 funded by this account shall be deposited into the Forest

7 Ecosystem Health and Recovery Fund.

8 RANGE IMPROVEMENTS

9 For rehabilitation, protection, and acquisition of lands

10 and interests therein, and improvement of Federal range11 lands pursuant to section 401 of the Federal Land Policy

12 and Management Act of 1976 (43 U.S.C. 1701), notwith13 standing any other Act, sums equal to 50 percent of all

14 moneys received during the prior fiscal year under sections

15 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.)

16 and the amount designated for range improvements from

17 grazing fees and mineral leasing receipts from Bankhead18 Jones lands transferred to the Department of the Interior

19 pursuant to law, but not less than $10,000,000, to remain

20 available until expended: Provided, That not to exceed

21 $600,000 shall be available for administrative expenses.

22 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

23 For administrative expenses and other costs related to

24 processing application documents and other authorizations

25 for use and disposal of public lands and resources, for costs
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1 of providing copies of official public land documents, for

2 monitoring construction, operation, and termination of fa3 cilities in conjunction with use authorizations, and for re4 habilitation of damaged property, such amounts as may be

5 collected under Public Law 94–579, as amended, and Public

6 Law 93–153, to remain available until expended: Provided,

7 That notwithstanding any provision to the contrary of sec8 tion 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any

9 moneys that have been or will be received pursuant to that

10 section, whether as a result of forfeiture, compromise, or set11 tlement, if not appropriate for refund pursuant to section

12 305(c) of that Act (43 U.S.C. 1735(c)), shall be available

13 and may be expended under the authority of this Act by

14 the Secretary to improve, protect, or rehabilitate any public

15 lands administered through the Bureau of Land Manage16 ment which have been damaged by the action of a resource

17 developer, purchaser, permittee, or any unauthorized per18 son, without regard to whether all moneys collected from

19 each such action are used on the exact lands damaged which

20 led to the action: Provided further, That any such moneys

21 that are in excess of amounts needed to repair damage to

22 the exact land for which funds were collected may be used

23 to repair other damaged public lands.
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1 MISCELLANEOUS TRUST FUNDS

2 In addition to amounts authorized to be expended

3 under existing laws, there is hereby appropriated such

4 amounts as may be contributed under section 307 of the

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

6 amounts as may be advanced for administrative costs, sur7 veys, appraisals, and costs of making conveyances of omit8 ted lands under section 211(b) of that Act, to remain avail9 able until expended.

10 ADMINISTRATIVE PROVISIONS

11 Appropriations for the Bureau of Land Management

12 shall be available for purchase, erection, and dismantlement

13 of temporary structures, and alteration and maintenance

14 of necessary buildings and appurtenant facilities to which

15 the United States has title; up to $100,000 for payments,

16 at the discretion of the Secretary, for information or evi17 dence concerning violations of laws administered by the Bu18 reau; miscellaneous and emergency expenses of enforcement

19 activities authorized or approved by the Secretary and to

20 be accounted for solely on her certificate, not to exceed

21 $10,000: Provided, That notwithstanding 44 U.S.C. 501,

22 the Bureau may, under cooperative cost-sharing and part23 nership arrangements authorized by law, procure printing

24 services from cooperators in connection with jointly pro25 duced publications for which the cooperators share the cost
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1 of printing either in cash or in services, and the Bureau

2 determines the cooperator is capable of meeting accepted

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

4 30, United States Code, is amended: (1) in section 28f(a),

5 by striking ‘‘for years 2002 through 2003’’ and inserting

6 in lieu thereof ‘‘for years 2004 through 2008’’; and (2) in

7 section 28g, by striking ‘‘and before September 30, 2003’’

8 and inserting in lieu thereof ‘‘and before September 30,

9 2008’’.

10 UNITED STATES FISH AND WILDLIFE SERVICE

11 RESOURCE MANAGEMENT

12 For necessary expenses of the United States Fish and

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

14 and economic studies, maintenance of the herd of long15 horned cattle on the Wichita Mountains Wildlife Refuge,

16 general administration, and for the performance of other

17 authorized functions related to such resources by direct ex18 penditure, contracts, grants, cooperative agreements and re19 imbursable agreements with public and private entities,

20 $942,244,000, to remain available until September 30,

21 2005, of which $1,000,000 may be available for the Wildlife

22 Enhancement and Economic Development Program in

23 Starkville, Mississippi: Provided, That $2,000,000 is for

24 high priority projects, which shall be carried out by the

25 Youth Conservation Corps: Provided further, That not to
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1 exceed $12,286,000 shall be used for implementing sub2 sections (a), (b), (c), and (e) of section 4 of the Endangered

3 Species Act, as amended, for species that are indigenous to

4 the United States (except for processing petitions, devel5 oping and issuing proposed and final regulations, and tak6 ing any other steps to implement actions described in sub7 section (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not

8 to exceed $8,900,000 shall be used for any activity regard9 ing the designation of critical habitat, pursuant to sub10 section (a)(3), excluding litigation support, for species al11 ready listed pursuant to subsection (a)(1) as of the date

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

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

14 remain available until expended, may at the discretion of

15 the Secretary be used for payment for information, rewards,

16 or evidence concerning violations of laws administered by

17 the Service, and miscellaneous and emergency expenses of

18 enforcement activity, authorized or approved by the Sec19 retary and to be accounted for solely on her certificate: Pro20 vided further, That of the amount provided for environ21 mental contaminants, up to $1,000,000 may remain avail22 able until expended for contaminant sample analyses.

23 CONSTRUCTION

24 For construction, improvement, acquisition, or re25 moval of buildings and other facilities required in the con-
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1 servation, management, investigation, protection, and utili2 zation of fishery and wildlife resources, and the acquisition

3 of lands and interests therein; $53,285,000, to remain avail4 able until expended.

5 LAND ACQUISITION

6 For expenses necessary to carry out the Land and

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

8 U.S.C. 460l–4 through 11), including administrative ex9 penses, and for acquisition of land or waters, or interest

10 therein, in accordance with statutory authority applicable

11 to the United States Fish and Wildlife Service, $64,689,000,

12 to be derived from the Land and Water Conservation Fund

13 and to remain available until expended: Provided, That

14 none of the funds appropriated for specific land acquisition

15 projects can be used to pay for any administrative over16 head, planning or other management 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 out

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

23 and Water Conservation Fund, to remain available until

24 expended: Provided, That the amount provided herein is for

25 a Landowner Incentive Program established by the Sec-
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1 retary that provides matching, competitively awarded

2 grants to States, the District of Columbia, Tribes, Puerto

3 Rico, Guam, the United States Virgin Islands, the Northern

4 Mariana Islands, and American Samoa, to establish or sup5 plement existing landowner incentive programs that pro6 vide technical and financial assistance, including habitat

7 protection and restoration, to private landowners for the

8 protection and management of habitat to benefit federally

9 listed, proposed, candidate or other at-risk species on pri10 vate 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 out

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

17 and Water Conservation Fund, to remain available until

18 expended: Provided, That the amount provided herein is for

19 a Stewardship Grants Program established by the Secretary

20 to provide grants and other assistance to individuals and

21 groups engaged in private conservation efforts that benefit

22 federally listed, proposed, candidate, or other at-risk species.

23 COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

24 For expenses necessary to carry out section 6 of the

25 Endangered Species Act of 1973 (16 U.S.C. 1531–1543),
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HR 2691 EAS

1 as amended, $86,614,000, of which $36,614,000 is to be de2 rived from the Cooperative Endangered Species Conserva3 tion Fund and $50,000,000 is to be derived from the Land

4 and Water Conservation Fund, to remain available until

5 expended.

6 NATIONAL WILDLIFE REFUGE FUND

7 For expenses necessary to implement the Act of October

8 17, 1978 (16 U.S.C. 715s), $14,414,000.

9 NORTH AMERICAN WETLANDS CONSERVATION FUND

10 For expenses necessary to carry out the provisions of

11 the North American Wetlands Conservation Act, Public

12 Law 101–233, as amended, $42,982,000, to remain avail13 able until expended.

14 NEOTROPICAL MIGRATORY BIRD CONSERVATION

15 For financial assistance for projects to promote the

16 conservation of neotropical migratory birds in accordance

17 with the Neotropical Migratory Bird Conservation Act,

18 Public Law 106–247 (16 U.S.C. 6101–6109), $3,000,000,

19 to remain available until expended.

20 MULTINATIONAL SPECIES CONSERVATION FUND

21 For expenses necessary to carry out the African Ele22 phant Conservation Act (16 U.S.C. 4201–4203, 4211–4213,

23 4221–4225, 4241–4245, and 1538), the Asian Elephant

24 Conservation Act of 1997 (Public Law 105–96; 16 U.S.C.

25 4261–4266), the Rhinoceros and Tiger Conservation Act of
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1 1994 (16 U.S.C. 5301–5306), and the Great Ape Conserva2 tion Act of 2000 (16 U.S.C. 6301), $6,000,000, to remain

3 available until expended.

4 STATE AND TRIBAL WILDLIFE GRANTS

5 For wildlife conservation grants to States and to the

6 District of Columbia, Puerto Rico, Guam, the United States

7 Virgin Islands, the Northern Mariana Islands, American

8 Samoa, and federally recognized Indian tribes under the

9 provisions of the Fish and Wildlife Act of 1956 and the

10 Fish and Wildlife Coordination Act, for the development

11 and implementation of programs for the benefit of wildlife

12 and their habitat, including species that are not hunted or

13 fished, $75,000,000 to be derived from the Land and Water

14 Conservation Fund, and to remain available until ex15 pended: Provided, That of the amount provided herein,

16 $5,000,000 is for a competitive grant program for Indian

17 tribes not subject to the remaining provisions of this appro18 priation: Provided further, That the Secretary shall, after

19 deducting said $5,000,000 and administrative expenses, ap20 portion the amount provided herein in the following man21 ner: (A) to the District of Columbia and to the Common22 wealth of Puerto Rico, each a sum equal to not more than

23 one-half of 1 percent thereof; and (B) to Guam, American

24 Samoa, the United States Virgin Islands, and the Common25 wealth of the Northern Mariana Islands, each a sum equal
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1 to not more than one-fourth of 1 percent thereof: Provided

2 further, That the Secretary shall apportion the remaining

3 amount in the following manner: (A) one-third of which

4 is based on the ratio to which the land area of such State

5 bears to the total land area of all such States; and (B) two6 thirds of which is based on the ratio to which the population

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

8 Provided further, That the amounts apportioned under this

9 paragraph shall be adjusted equitably so that no State shall

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

11 amount available for apportionment under this paragraph

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

13 Provided further, That the Federal share of planning grants

14 shall not exceed 75 percent of the total costs of such projects

15 and the Federal share of implementation grants shall not

16 exceed 50 percent of the total costs of such projects: Provided

17 further, That the non-Federal share of such projects may

18 not be derived from Federal grant programs: Provided fur19 ther, That no State, territory, or other jurisdiction shall re20 ceive a grant unless it has developed, or committed to de21 velop by October 1, 2005, a comprehensive wildlife conserva22 tion plan, consistent with criteria established by the Sec23 retary of the Interior, that considers the broad range of the

24 State, territory, or other jurisdiction’s wildlife and associ25 ated habitats, with appropriate priority placed on those
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1 species with the greatest conservation need and taking into

2 consideration the relative level of funding available for the

3 conservation of those species: Provided further, That any

4 amount apportioned in 2004 to any State, territory, or

5 other jurisdiction that remains unobligated as of September

6 30, 2005, shall be reapportioned, together with funds appro7 priated in 2006, in the manner provided herein: Provided

8 further, That balances from amounts previously appro9 priated under the heading ‘‘State Wildlife Grants’’ shall be

10 transferred to and merged with this appropriation and

11 shall remain available until expended: Provided further,

12 That up to 10 percent of the funds received by any State

13 under this heading may be used for wildlife conservation

14 education and outreach efforts that contribute significantly

15 to the conservation of wildlife species or wildlife habitat.

16 ADMINISTRATIVE PROVISIONS

17 Appropriations and funds available to the United

18 States Fish and Wildlife Service shall be available for pur19 chase of not to exceed 157 passenger motor vehicles, of which

20 142 are for replacement only (including 33 for police-type

21 use); repair of damage to public roads within and adjacent

22 to reservation areas caused by operations of the Service; op23 tions for the purchase of land at not to exceed $1 for each

24 option; facilities incident to such public recreational uses

25 on conservation areas as are consistent with their primary
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1 purpose; and the maintenance and improvement of aquaria,

2 buildings, and other facilities under the jurisdiction of the

3 Service and to which the United States has title, and which

4 are used pursuant to law in connection with management,

5 and investigation of fish and wildlife resources: Provided,

6 That notwithstanding 44 U.S.C. 501, the Service may,

7 under cooperative cost sharing and partnership arrange8 ments authorized by law, procure printing services from co9 operators in connection with jointly produced publications

10 for which the cooperators share at least one-half the cost

11 of printing either in cash or services and the Service deter12 mines the cooperator is capable of meeting accepted quality

13 standards: Provided further, That the Service may accept

14 donated aircraft as replacements for existing aircraft: Pro15 vided further, That notwithstanding any other provision of

16 law, the Secretary of the Interior may not spend any of

17 the funds appropriated in this Act for the purchase of lands

18 or interests in lands to be used in the establishment of any

19 new unit of the National Wildlife Refuge System unless the

20 purchase is approved in advance by the House and Senate

21 Committees on Appropriations in compliance with the re22 programming procedures contained in Senate Report 105–

23 56.
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1 NATIONAL PARK SERVICE

2 OPERATION OF THE NATIONAL PARK SYSTEM

3 For expenses necessary for the management, operation,

4 and maintenance of areas and facilities administered by

5 the National Park Service (including special road mainte6 nance service to trucking permittees on a reimbursable

7 basis), and for the general administration of the National

8 Park Service, $1,636,299,000, of which, in accordance with

9 the cooperative agreement entered into between the National

10 Park Service and the Oklahoma City National Memorial

11 Trust and numbered 1443CA125002001, $600,000 may be

12 available for activities of the National Park Service at the

13 Oklahoma City National Memorial and $1,600,000 may be

14 available to the Oklahoma City National Memorial Trust,

15 of which $10,887,000 is for planning and interagency co16 ordination in support of Everglades restoration and shall

17 remain available until expended; of which $96,480,000, to

18 remain available until September 30, 2005, is for mainte19 nance, repair or rehabilitation projects for constructed as20 sets, operation of the National Park Service automated fa21 cility management software system, and comprehensive fa22 cility condition assessments; and of which $2,000,000 is for

23 the Youth Conservation Corps for high priority projects:

24 Provided further, That the only funds in this account which

25 may be made available to support United States Park Po-
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1 lice are those funds approved for emergency law and order

2 incidents pursuant to established National Park Service

3 procedures, those funds needed to maintain and repair

4 United States Park Police administrative facilities, and

5 those funds necessary to reimburse the United States Park

6 Police account for the unbudgeted overtime and travel costs

7 associated with special events for an amount not to exceed

8 $10,000 per event subject to the review and concurrence of

9 the Washington headquarters office.

10 UNITED STATES PARK POLICE

11 For expenses necessary to carry out the programs of

12 the United States Park Police, $78,349,000.

13 NATIONAL RECREATION AND PRESERVATION

14 For expenses necessary to carry out recreation pro15 grams, natural programs, cultural programs, heritage part16 nership programs, environmental compliance and review,

17 international park affairs, statutory or contractual aid for

18 other activities, and grant administration, not otherwise

19 provided for, $60,154,000, of which $175,000 may be avail20 able for activities to commemorate the Louisiana Purchase

21 at the Jean Lafitte National Historical Park and Preserve

22 in the State of Louisiana.

23 URBAN PARK AND RECREATION FUND

24 For expenses necessary to carry out the provisions of

25 the Urban Park and Recreation Recovery Act of 1978 (16
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HR 2691 EAS

1 U.S.C. 2501 et seq.), $305,000, to remain available until

2 expended.

3 HISTORIC PRESERVATION FUND

4 For expenses necessary in carrying out the Historic

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

6 the Omnibus Parks and Public Lands Management Act of

7 1996 (Public Law 104–333), $75,750,000, to be derived

8 from the Historic Preservation Fund, to remain available

9 until September 30, 2005: Provided, That, of the amount

10 provided herein, $500,000, to remain available until ex11 pended, is for a grant for the perpetual care and mainte12 nance of National Trust Historic Sites, as authorized under

13 16 U.S.C. 470a(e)(2), to be made available in full upon

14 signing of a grant agreement: Provided further, That, not15 withstanding any other provision of law, these funds shall

16 be available for investment with the proceeds to be used for

17 the same purpose as set out herein: Provided further, That

18 of the total amount provided, $32,000,000 shall be for Save

19 America’s Treasures for priority preservation projects, of

20 nationally significant sites, structures, and artifacts: Pro21 vided further, That any individual Save America’s Treas22 ures grant shall be matched by non-Federal funds: Provided

23 further, That individual projects shall only be eligible for

24 one grant, and all projects to be funded shall be approved

25 by the House and Senate Committees on Appropriations
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1 and the Secretary of the Interior in consultation with the

2 President’s Committee on the Arts and Humanities prior

3 to the commitment of grant funds: Provided further, That

4 Save America’s Treasures funds allocated for Federal

5 projects, following approval, shall be available by transfer

6 to appropriate accounts of individual agencies.

7 CONSTRUCTION

8 For construction, improvements, repair or replacement

9 of physical facilities, including the modifications authorized

10 by section 104 of the Everglades National Park Protection

11 and Expansion Act of 1989, $342,131,000, to remain avail12 able until expended, of which $300,000 for the L.Q.C.

13 Lamar House National Historic Landmark and $375,000

14 for the Sun Watch National Historic Landmark shall be

15 derived from the Historic Preservation Fund pursuant to

16 16 U.S.C. 470a and of which $600,000 shall be available

17 for the planning and design of the Mesa Verde Cultural

18 Center in the State of Colorado, and of which $50,000 shall

19 be available for the construction of a statue of Harry S Tru20 man in Union Station in Kansas City, Missouri, and of

21 which $4,289,000 shall be available for the construction of

22 a security fence for the Jefferson National Expansion Me23 morial in the State of Missouri: Provided, That none of the

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

25 salaries and expenses of more than 160 Full Time Equiva-
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HR 2691 EAS

1 lent personnel working for the National Park Service’s Den2 ver Service Center funded under the construction program

3 management and operations activity: Provided further,

4 That none of the funds provided in this or any other Act

5 may be used to pre-design, plan, or construct any new facil6 ity (including visitor centers, curatorial facilities, adminis7 trative buildings), for which appropriations have not been

8 specifically provided if the net construction cost of such fa9 cility is in excess of $5,000,000, without prior approval of

10 the House and Senate Committees on Appropriations: Pro11 vided further, That none of the funds provided in this or

12 any other Act may be used for planning, design, or con13 struction of any underground security screening or visitor

14 contact facility at the Washington Monument until such fa15 cility has been approved in writing by the House and Sen16 ate Committees on Appropriations: Provided further, That

17 this restriction applies to all funds available to the National

18 Park Service, including partnership and fee demonstration

19 projects.

20 LAND AND WATER CONSERVATION FUND

21 (RESCISSION)

22 The contract authority provided for fiscal year 2004

23 by 16 U.S.C. 4601–10a is rescinded.
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HR 2691 EAS

1 LAND ACQUISITION AND STATE ASSISTANCE

2 For expenses necessary to carry out the Land and

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

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

5 for acquisition of lands or waters, or interest therein, in

6 accordance with the statutory authority applicable to the

7 National Park Service, $158,473,000, to be derived from the

8 Land and Water Conservation Fund and to remain avail9 able until expended, of which $104,000,000 is for the State

10 assistance program including not to exceed $4,000,000 for

11 the administration of this program: Provided, That none

12 of the funds provided for the State assistance program may

13 be used to establish a contingency fund.

14 ADMINISTRATIVE PROVISIONS

15 Appropriations for the National Park Service shall be

16 available for the purchase of not to exceed 249 passenger

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

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

19 and 8 ambulances: Provided, That none of the funds appro20 priated to the National Park Service may be used to process

21 any grant or contract documents which do not include the

22 text of 18 U.S.C. 1913: Provided further, That none of the

23 funds appropriated to the National Park Service may be

24 used to implement an agreement for the redevelopment of

25 the southern end of Ellis Island until such agreement has
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HR 2691 EAS

1 been submitted to the Congress and shall not be imple2 mented prior to the expiration of 30 calendar days (not

3 including any day in which either House of Congress is

4 not in session because of adjournment of more than 3 cal5 endar days to a day certain) from the receipt by the Speak6 er of the House of Representatives and the President of the

7 Senate of a full and comprehensive report on the develop8 ment of the southern end of Ellis Island, including the facts

9 and circumstances relied upon in support of the proposed

10 project: Provided further, That the National Park Service

11 may make a grant of not to exceed $70,000 for the construc12 tion of a memorial in Cadillac, Michigan in honor of Kris

13 Eggle.

14 None of the funds in this Act may be spent by the Na15 tional Park Service for activities taken in direct response

16 to the United Nations Biodiversity Convention.

17 The National Park Service may distribute to operating

18 units based on the safety record of each unit the costs of

19 programs designed to improve workplace and employee safe20 ty, and to encourage employees receiving workers’ com21 pensation benefits pursuant to chapter 81 of title 5, United

22 States Code, to return to appropriate positions for which

23 they are medically able.

24 Notwithstanding any other provision of law, in fiscal

25 year 2004, with respect to the administration of the Na-
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HR 2691 EAS

1 tional Park Service park pass program by the National

2 Park Foundation, the Secretary may obligate to the Foun3 dation administrative funds expected to be received in that

4 fiscal year before the revenues are collected, so long as total

5 obligations in the administrative account do not exceed

6 total revenue collected and deposited in that account by the

7 end of the fiscal year.

8 UNITED STATES GEOLOGICAL SURVEY

9 SURVEYS, INVESTIGATIONS, AND RESEARCH

10 For expenses necessary for the United States Geological

11 Survey to perform surveys, investigations, and research cov12 ering topography, geology, hydrology, biology, and the min13 eral and water resources of the United States, its territories

14 and possessions, and other areas as authorized by 43 U.S.C.

15 31, 1332, and 1340; classify lands as to their mineral and

16 water resources; give engineering supervision to power per17 mittees and Federal Energy Regulatory Commission licens18 ees; administer the minerals exploration program (30

19 U.S.C. 641); and publish and disseminate data relative to

20 the foregoing activities; and to conduct inquiries into the

21 economic conditions affecting mining and materials proc22 essing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.

23 98g(1)) and related purposes as authorized by law and to

24 publish and disseminate data; $928,864,000, of which

25 $64,630,000 shall be available only for cooperation with
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HR 2691 EAS

1 States or municipalities for water resources investigations;

2 and of which $15,499,000 shall remain available until ex3 pended for conducting inquiries into the economic condi4 tions affecting mining and materials processing industries;

5 and of which $250,000 may be available to improve seismic

6 monitoring and hazard assessment in the Jackson Hole-Yel7 lowstone area of Wyoming; and of which $8,000,000 shall

8 remain available until expended for satellite operations;

9 and of which $23,230,000 shall be available until September

10 30, 2005, for the operation and maintenance of facilities

11 and deferred maintenance; of which $169,580,000 shall be

12 available until September 30, 2005, for the biological re13 search activity and the operation of the Cooperative Re14 search Units: Provided, That none of these funds provided

15 for the biological research activity shall be used to conduct

16 new surveys on private property, unless specifically author17 ized in writing by the property owner: Provided further,

18 That no part of this appropriation shall be used to pay

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

20 water resources data collection and investigations carried

21 on in cooperation with States and municipalities.

22 ADMINISTRATIVE PROVISIONS

23 The amount appropriated for the United States Geo24 logical Survey shall be available for the purchase of not to

25 exceed 53 passenger motor vehicles, of which 48 are for re-
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HR 2691 EAS

1 placement only; reimbursement to the General Services Ad2 ministration for security guard services; contracting for the

3 furnishing of topographic maps and for the making of geo4 physical or other specialized surveys when it is administra5 tively determined that such procedures are in the public in6 terest; construction and maintenance of necessary buildings

7 and appurtenant facilities; acquisition of lands for gauging

8 stations and observation wells; expenses of the United States

9 National Committee on Geology; and payment of compensa10 tion and expenses of persons on the rolls of the Survey duly

11 appointed to represent the United States in the negotiation

12 and administration of interstate compacts: Provided, That

13 activities funded by appropriations herein made may be ac14 complished through the use of contracts, grants, or coopera15 tive agreements as defined in 31 U.S.C. 6302 et seq.

16 MINERALS MANAGEMENT SERVICE

17 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

18 For expenses necessary for minerals leasing and envi19 ronmental studies, regulation of industry operations, and

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

21 laws and regulations applicable to oil, gas, and other min22 erals leases, permits, licenses and operating contracts; and

23 for matching grants or cooperative agreements; including

24 the purchase of not to exceed eight passenger motor vehicles

25 for replacement only, $166,016,000, of which $80,396,000
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HR 2691 EAS

1 shall be available for royalty management activities; and

2 an amount not to exceed $100,230,000, to be credited to this

3 appropriation and to remain available until expended,

4 from additions to receipts resulting from increases to rates

5 in effect on August 5, 1993, from rate increases to fee collec6 tions for Outer Continental Shelf administrative activities

7 performed by the Minerals Management Service (MMS)

8 over and above the rates in effect on September 30, 1993,

9 and from additional fees for Outer Continental Shelf ad10 ministrative activities established after September 30, 1993:

11 Provided, That to the extent $100,230,000 in additions to

12 receipts are not realized from the sources of receipts stated

13 above, the amount needed to reach $100,230,000 shall be

14 credited to this appropriation from receipts resulting from

15 rental rates for Outer Continental Shelf leases in effect be16 fore August 5, 1993: Provided further, That $3,000,000 for

17 computer acquisitions shall remain available until Sep18 tember 30, 2005: Provided further, That funds appropriated

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

20 in accordance with 30 U.S.C. 1721(b) and (d): Provided

21 further, That not to exceed $3,000 shall be available for rea22 sonable expenses related to promoting volunteer beach and

23 marine cleanup activities: Provided further, That notwith24 standing any other provision of law, $15,000 under this

25 heading shall be available for refunds of overpayments in
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HR 2691 EAS

1 connection with certain Indian leases in which the Director

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

3 amounts owed to Indian allottees or tribes, or to correct

4 prior unrecoverable erroneous payments: Provided further,

5 That MMS may under the royalty-in-kind pilot program,

6 or under its authority to transfer oil to the Strategic Petro7 leum Reserve, use a portion of the revenues from royalty8 in-kind sales, without regard to fiscal year limitation, to

9 pay for transportation to wholesale market centers or up10 stream pooling points, and to process or otherwise dispose

11 of royalty production taken in kind, and to recover MMS

12 transportation costs, salaries, and other administrative

13 costs directly related to filling the Strategic Petroleum Re14 serve: Provided further, That MMS shall analyze and docu15 ment the expected return in advance of any royalty-in-kind

16 sales to assure to the maximum extent practicable that roy17 alty income under the pilot program is equal to or greater

18 than royalty income recognized under a comparable roy19 alty-in-value program.

20 OIL SPILL RESEARCH

21 For necessary expenses to carry out title I, section

22 1016, title IV, sections 4202 and 4303, title VII, and title

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

24 $7,105,000, which shall be derived from the Oil Spill Liabil25 ity Trust Fund, to remain available until expended.
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HR 2691 EAS

1 OFFICE OF SURFACE MINING RECLAMATION AND

2 ENFORCEMENT

3 REGULATION AND TECHNOLOGY

4 For necessary expenses to carry out the provisions of

5 the Surface Mining Control and Reclamation Act of 1977,

6 Public Law 95–87, as amended, including the purchase of

7 not to exceed 10 passenger motor vehicles, for replacement

8 only; $106,424,000: Provided, That the Secretary of the In9 terior, pursuant to regulations, may use directly or through

10 grants to States, moneys collected in fiscal year 2004 for

11 civil penalties assessed under section 518 of the Surface

12 Mining Control and Reclamation Act of 1977 (30 U.S.C.

13 1268), to reclaim lands adversely affected by coal mining

14 practices after August 3, 1977, to remain available until

15 expended: Provided further, That appropriations for the Of16 fice of Surface Mining Reclamation and Enforcement may

17 provide for the travel and per diem expenses of State and

18 tribal personnel attending Office of Surface Mining Rec19 lamation and Enforcement sponsored training.

20 ABANDONED MINE RECLAMATION FUND

21 For necessary expenses to carry out title IV of the Sur22 face Mining Control and Reclamation Act of 1977, Public

23 Law 95–87, as amended, including the purchase of not more

24 than 10 passenger motor vehicles for replacement only,

25 $190,893,000, to be derived from receipts of the Abandoned
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HR 2691 EAS

1 Mine Reclamation Fund and to remain available until ex2 pended; of which up to $10,000,000, to be derived from the

3 Federal Expenses Share of the Fund, shall be for supple4 mental grants to States for the reclamation of abandoned

5 sites with acid mine rock drainage from coal mines, and

6 for associated activities, through the Appalachian Clean

7 Streams Initiative: Provided, That grants to minimum pro8 gram States will be $1,500,000 per State in fiscal year

9 2004: Provided further, That pursuant to Public Law 97–

10 365, the Department of the Interior is authorized to use up

11 to 20 percent from the recovery of the delinquent debt owed

12 to the United States Government to pay for contracts to

13 collect these debts: Provided further, That funds made avail14 able under title IV of Public Law 95–87 may be used for

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

16 by the Federal Government for the purpose of environ17 mental restoration related to treatment or abatement of acid

18 mine drainage from abandoned mines: Provided further,

19 That such projects must be consistent with the purposes and

20 priorities of the Surface Mining Control and Reclamation

21 Act: Provided further, That the State of Maryland may set

22 aside the greater of $1,000,000 or 10 percent of the total

23 of the grants made available to the State under title IV of

24 the Surface Mining Control and Reclamation Act of 1977,

25 as amended (30 U.S.C. 1231 et seq.), if the amount set aside
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HR 2691 EAS

1 is deposited in an acid mine drainage abatement and treat2 ment fund established under a State law, pursuant to which

3 law the amount (together with all interest earned on the

4 amount) is expended by the State to undertake acid mine

5 drainage abatement and treatment projects, except that be6 fore any amounts greater than 10 percent of its title IV

7 grants are deposited in an acid mine drainage abatement

8 and treatment fund, the State of Maryland must first com9 plete all Surface Mining Control and Reclamation Act pri10 ority one projects.

11 BUREAU OF INDIAN AFFAIRS

12 OPERATION OF INDIAN PROGRAMS

13 For expenses necessary for the operation of Indian pro14 grams, as authorized by law, including the Snyder Act of

15 November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter16 mination and Education Assistance Act of 1975 (25 U.S.C.

17 450 et seq.), as amended, the Education Amendments of

18 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled

19 Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended,

20 $1,912,178,000, to remain available until September 30,

21 2005 except as otherwise provided herein, of which not to

22 exceed $87,925,000 shall be for welfare assistance payments

23 and notwithstanding any other provision of law, including

24 but not limited to the Indian Self-Determination Act of

25 1975, as amended, not to exceed $135,315,000 shall be
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HR 2691 EAS

1 available for payments to tribes and tribal organizations

2 for contract support costs associated with ongoing contracts,

3 grants, compacts, or annual funding agreements entered

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

5 as authorized by such Act, except that tribes and tribal or6 ganizations may use their tribal priority allocations for

7 unmet indirect costs of ongoing contracts, grants, or com8 pacts, or annual funding agreements and for unmet welfare

9 assistance costs; and of which not to exceed $458,524,000

10 for school operations costs of Bureau-funded schools and

11 other education programs shall become available on July

12 1, 2004, and shall remain available until September 30,

13 2005; and of which not to exceed $55,766,000 shall remain

14 available until expended for housing improvement, road

15 maintenance, attorney fees, litigation support, the Indian

16 Self-Determination Fund, land records improvement, and

17 the Navajo-Hopi Settlement Program: Provided, That not18 withstanding any other provision of law, including but not

19 limited to the Indian Self-Determination Act of 1975, as

20 amended, and 25 U.S.C. 2008, not to exceed $46,182,000

21 within and only from such amounts made available for

22 school operations shall be available to tribes and tribal or23 ganizations for administrative cost grants associated with

24 ongoing grants entered into with the Bureau prior to or

25 during fiscal year 2003 for the operation of Bureau-funded
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HR 2691 EAS

1 schools, and up to $3,000,000 within and only from such

2 amounts made available for school operations shall be avail3 able for the transitional costs of initial administrative cost

4 grants to tribes and tribal organizations that enter into

5 grants for the operation on or after July 1, 2004 of Bureau6 operated schools: Provided further, That any forestry funds

7 allocated to a tribe which remain unobligated as of Sep8 tember 30, 2005, may be transferred during fiscal year 2006

9 to an Indian forest land assistance account established for

10 the benefit of such tribe within the tribe’s trust fund ac11 count: Provided further, That any such unobligated bal12 ances not so transferred shall expire on September 30, 2006:

13 Provided further, That $48,115,000 shall be for operating

14 grants for Tribally Controlled Community Colleges, and

15 $34,710,000 shall be for Information Resources Technology.

16 CONSTRUCTION

17 For construction, repair, improvement, and mainte18 nance of irrigation and power systems, buildings, utilities,

19 and other facilities, including architectural and engineering

20 services by contract; acquisition of lands, and interests in

21 lands; and preparation of lands for farming, and for con22 struction of the Navajo Indian Irrigation Project pursuant

23 to Public Law 87–483, $351,154,000, to remain available

24 until expended: Provided, That such amounts as may be

25 available for the construction of the Navajo Indian Irriga-
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HR 2691 EAS

1 tion Project may be transferred to the Bureau of Reclama2 tion: Provided further, That not to exceed 6 percent of con3 tract authority available to the Bureau of Indian Affairs

4 from the Federal Highway Trust Fund may be used to cover

5 the road program management costs of the Bureau: Pro6 vided further, That any funds provided for the Safety of

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

8 available on a nonreimbursable basis: Provided further,

9 That for fiscal year 2004, in implementing new construc10 tion or facilities improvement and repair project grants in

11 excess of $100,000 that are provided to tribally controlled

12 grant schools under Public Law 100–297, as amended, the

13 Secretary of the Interior shall use the Administrative and

14 Audit Requirements and Cost Principles for Assistance Pro15 grams contained in 43 CFR part 12 as the regulatory re16 quirements: Provided further, That such grants shall not

17 be subject to section 12.61 of 43 CFR; the Secretary and

18 the grantee shall negotiate and determine a schedule of pay19 ments for the work to be performed: Provided further, That

20 in considering applications, the Secretary shall consider

21 whether the Indian tribe or tribal organization would be

22 deficient in assuring that the construction projects conform

23 to applicable building standards and codes and Federal,

24 tribal, or State health and safety standards as required by

25 25 U.S.C. 2005(a), with respect to organizational and fi-
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HR 2691 EAS

1 nancial management capabilities: Provided further, That if

2 the Secretary declines an application, the Secretary shall

3 follow the requirements contained in 25 U.S.C. 2505(f):

4 Provided further, That any disputes between the Secretary

5 and any grantee concerning a grant shall be subject to the

6 disputes provision in 25 U.S.C. 2508(e).

7 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

8 MISCELLANEOUS PAYMENTS TO INDIANS

9 For miscellaneous payments to Indian tribes and indi10 viduals and for necessary administrative expenses,

11 $50,583,000, to remain available until expended; of which

12 $31,766,000 shall be available for implementation of en13 acted Indian land and water claim settlements pursuant

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

15 implementation of other enacted water rights settlements;

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

17 Public Laws 99–264, 100–580, 106–425, and 106–554.

18 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

19 For the cost of guaranteed and insured loans,

20 $5,797,000, as authorized by the Indian Financing Act of

21 1974, as amended: Provided, That such costs, including the

22 cost of modifying such loans, shall be as defined in section

23 502 of the Congressional Budget Act of 1974: Provided fur24 ther, That these funds are available to subsidize total loan
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HR 2691 EAS

1 principal, any part of which is to be guaranteed, not to

2 exceed $94,568,000.

3 In addition, for administrative expenses to carry out

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

5 ADMINISTRATIVE PROVISIONS

6 The Bureau of Indian Affairs may carry out the oper7 ation of Indian programs by direct expenditure, contracts,

8 cooperative agreements, compacts and grants, either di9 rectly or in cooperation with States and other organiza10 tions.

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

12 Affairs may contract for services in support of the manage13 ment, operation, and maintenance of the Power Division

14 of the San Carlos Irrigation Project.

15 Appropriations for the Bureau of Indian Affairs (ex16 cept the revolving fund for loans, the Indian loan guarantee

17 and insurance fund, and the Indian Guaranteed Loan Pro18 gram account) shall be available for expenses of exhibits,

19 and purchase of not to exceed 229 passenger motor vehicles,

20 of which not to exceed 187 shall be for replacement only.

21 Notwithstanding any other provision of law, no funds

22 available to the Bureau of Indian Affairs for central office

23 operations or pooled overhead general administration (ex24 cept facilities operations and maintenance) shall be avail25 able for tribal contracts, grants, compacts, or cooperative
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HR 2691 EAS

1 agreements with the Bureau of Indian Affairs under the

2 provisions of the Indian Self-Determination Act or the

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

4 In the event any tribe returns appropriations made

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

6 distribution to other tribes, this action shall not diminish

7 the Federal Government’s trust responsibility to that tribe,

8 or the government-to-government relationship between the

9 United States and that tribe, or that tribe’s ability to access

10 future appropriations.

11 Notwithstanding any other provision of law, no funds

12 available to the Bureau, other than the amounts provided

13 herein for assistance to public schools under 25 U.S.C. 452

14 et seq., shall be available to support the operation of any

15 elementary or secondary school in the State of Alaska.

16 Appropriations made available in this or any other

17 Act for schools funded by the Bureau shall be available only

18 to the schools in the Bureau school system as of September

19 1, 1996. No funds available to the Bureau shall be used to

20 support expanded grades for any school or dormitory be21 yond the grade structure in place or approved by the Sec22 retary of the Interior at each school in the Bureau school

23 system as of October 1, 1995. Funds made available under

24 this Act may not be used to establish a charter school at

25 a Bureau-funded school (as that term is defined in section
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HR 2691 EAS

1 1146 of the Education Amendments of 1978 (25 U.S.C.

2 2026)), except that a charter school that is in existence on

3 the date of the enactment of this Act and that has operated

4 at a Bureau-funded school before September 1, 1999, may

5 continue to operate during that period, but only if the char6 ter school pays to the Bureau a pro rata share of funds

7 to reimburse the Bureau for the use of the real and personal

8 property (including buses and vans), the funds of the char9 ter school are kept separate and apart from Bureau funds,

10 and the Bureau does not assume any obligation for charter

11 school programs of the State in which the school is located

12 if the charter school loses such funding. Employees of Bu13 reau-funded schools sharing a campus with a charter school

14 and performing functions related to the charter school’s op15 eration and employees of a charter school shall not be treat16 ed as Federal employees for purposes of chapter 171 of title

17 28, United States Code.

18 DEPARTMENTAL OFFICES

19 INSULAR AFFAIRS

20 ASSISTANCE TO TERRITORIES

21 For expenses necessary for assistance to territories

22 under the jurisdiction of the Department of the Interior,

23 $71,343,000, of which: (1) $65,022,000 shall be available

24 until expended for technical assistance, including mainte25 nance assistance, disaster assistance, insular management
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HR 2691 EAS

1 controls, coral reef initiative activities, and brown tree

2 snake control and research; grants to the judiciary in Amer3 ican Samoa for compensation and expenses, as authorized

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

5 American Samoa, in addition to current local revenues, for

6 construction and support of governmental functions; grants

7 to the Government of the Virgin Islands as authorized by

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

9 law; and grants to the Government of the Northern Mariana

10 Islands as authorized by law (Public Law 94–241; 90 Stat.

11 272); and (2) $6,321,000 shall be available for salaries and

12 expenses of the Office of Insular Affairs: Provided, That all

13 financial transactions of the territorial and local govern14 ments herein provided for, including such transactions of

15 all agencies or instrumentalities established or used by such

16 governments, may be audited by the General Accounting Of17 fice, at its discretion, in accordance with chapter 35 of title

18 31, United States Code: Provided further, That Northern

19 Mariana Islands Covenant grant funding shall be provided

20 according to those terms of the Agreement of the Special

21 Representatives on Future United States Financial Assist22 ance for the Northern Mariana Islands approved by Public

23 Law 104–134: Provided further, That of the amounts pro24 vided for technical assistance, sufficient funding shall be

25 made available for a grant to the Close Up Foundation:
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HR 2691 EAS

1 Provided further, That the funds for the program of oper2 ations and maintenance improvement are appropriated to

3 institutionalize routine operations and maintenance im4 provement of capital infrastructure with territorial partici5 pation and cost sharing to be determined by the Secretary

6 based on the grantee’s commitment to timely maintenance

7 of its capital assets: Provided further, That any appropria8 tion for disaster assistance under this heading in this Act

9 or previous appropriations Acts may be used as non-Fed10 eral matching funds for the purpose of hazard mitigation

11 grants provided pursuant to section 404 of the Robert T.

12 Stafford Disaster Relief and Emergency Assistance Act (42

13 U.S.C. 5170c).

14 COMPACT OF FREE ASSOCIATION

15 For grants and necessary expenses, $6,125,000, as pro16 vided for in sections 221(a)(2), 221(b), and 233 of the Com17 pact of Free Association for the Republic of Palau, section

18 103(h)(2) of the Compact of Free Association Act of 1985,

19 and section 221(a)(2) of the Amended Compacts of Free As20 sociation for the Federated States of Micronesia and the Re21 public of the Marshall Islands, to remain available until

22 expended.

23 For grants and necessary expenses as provided for in

24 sections 211, 212, 213, and 218 of the Amended Compact

25 of Free Association for the Republic of the Marshall Islands
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HR 2691 EAS

1 and as provided for in sections 211, 212, and 217 of the

2 Amended Compact of Free Association for the Federated

3 States of Micronesia, all sums that are or may be required

4 in this and subsequent years are appropriated, to remain

5 available until expended, and shall be drawn from the

6 Treasury, to become available for obligation only upon en7 actment of proposed legislation to approve the amended

8 Compacts of Free Association as identified in the Presi9 dent’s fiscal year 2004 budget.

10 For grants and necessary expenses, $15,000,000, for

11 impact of the Compacts on certain U.S. areas in this and

12 subsequent years are appropriated, to remain available

13 until expended, and shall be drawn from the Treasury, to

14 become available for obligation only upon enactment of pro15 posed legislation to approve the amended Compacts of Free

16 Association as identified in the President’s fiscal year 2004

17 budget: Provided, That for purposes of assistance as pro18 vided pursuant to this appropriation, the effective dates of

19 the amended Compacts of Free Association shall be October

20 1, 2003.

21 DEPARTMENTAL MANAGEMENT

22 SALARIES AND EXPENSES

23 For necessary expenses for management of the Depart24 ment of the Interior, $78,433,000, of which not to exceed

25 $8,500 may be for official reception and representation ex-
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HR 2691 EAS

1 penses, and of which up to $1,000,000 shall be available

2 for workers compensation payments and unemployment

3 compensation payments associated with the orderly closure

4 of the United States Bureau of Mines: Provided, That of

5 this amount, sufficient funds may be available for the Sec6 retary of the Interior, not later than 60 days after the last

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

8 the amount of acquisitions made by the Department of the

9 Interior during such fiscal year of articles, materials, or

10 supplies that were manufactured outside the United States.

11 Such report shall separately indicate the dollar value of any

12 articles, materials, or supplies purchased by the Depart13 ment of the Interior that were manufactured outside the

14 United States, an itemized list of all waivers under the Buy

15 American Act (41 U.S.C. 10a et seq.) that were granted

16 with respect to such articles, materials, or supplies, and a

17 summary of total procurement funds spent on goods manu18 factured in the United States versus funds spent on goods

19 manufactured outside of the United States. The Secretary

20 of the Interior shall make the report publicly available by

21 posting the report on an Internet website.

22 Of the unobligated balances in the Special Foreign

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

24 WORKING CAPITAL FUND

25 For the acquisition of a departmental financial and

26 business management system, $11,700,000, to remain avail-
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HR 2691 EAS

1 able until expended: Provided, That from unobligated bal2 ances under this heading, $11,700,000 are hereby canceled.

3 PAYMENTS IN LIEU OF TAXES

4 For expenses necessary to implement the Act of October

5 20, 1976, as amended (31 U.S.C. 6901–6907),

6 $230,000,000, of which not to exceed $400,000 shall be

7 available for administrative expenses: Provided, That no

8 payment shall be made to otherwise eligible units of local

9 government if the computed amount of the payment is less

10 than $100.

11 OFFICE OF THE SOLICITOR

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of the Solicitor,

14 $50,179,000.

15 OFFICE OF INSPECTOR GENERAL

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of Inspector Gen18 eral, $37,474,000, of which $3,812,000 shall be for procure19 ment by contract of independent auditing services to audit

20 the consolidated Department of the Interior annual finan21 cial statement and the annual financial statement of the

22 Department of the Interior bureaus and offices funded in

23 this Act.
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1 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

2 FEDERAL TRUST PROGRAMS

3 For operation of trust programs for Indians by direct

4 expenditure, contracts, cooperative agreements, compacts,

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

6 available for historical accounting, to remain available

7 until expended: Provided, That funds for trust management

8 improvements and litigation support may, as needed, be

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

10 ‘‘Operation of Indian Programs’’ account; the Office of the

11 Solicitor, ‘‘Salaries and Expenses’’ account; and the De12 partmental Management, ‘‘Salaries and Expenses’’ account:

13 Provided further, That funds made available to Tribes and

14 Tribal organizations through contracts or grants obligated

15 during fiscal year 2004, as authorized by the Indian Self16 Determination Act of 1975 (25 U.S.C. 450 et seq.), shall

17 remain available until expended by the contractor or grant18 ee: Provided further, That notwithstanding any other provi19 sion of law, the statute of limitations shall not commence

20 to run on any claim, including any claim in litigation

21 pending on the date of the enactment of this Act, concerning

22 losses to or mismanagement of trust funds, until the affected

23 tribe or individual Indian has been furnished with an ac24 counting of such funds from which the beneficiary can de25 termine whether there has been a loss: Provided further,
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1 That notwithstanding any other provision of law, the Sec2 retary shall not be required to provide a quarterly statement

3 of performance for any Indian trust account that has not

4 had activity for at least 18 months and has a balance of

5 $1.00 or less: Provided further, That the Secretary shall

6 issue an annual account statement and maintain a record

7 of any such accounts and shall permit the balance in each

8 such account to be withdrawn upon the express written re9 quest of the account holder: Provided further, That not to

10 exceed $50,000 is available for the Secretary to make pay11 ments to correct administrative errors of either disburse12 ments from or deposits to Individual Indian Money or

13 Tribal accounts after September 30, 2002: Provided further,

14 That erroneous payments that are recovered shall be cred15 ited to and remain available in this account for this pur16 pose.

17 INDIAN LAND CONSOLIDATION

18 For consolidation of fractional interests in Indian

19 lands and expenses associated with redetermining and re20 distributing escheated interests in allotted lands, and for

21 necessary expenses to carry out the Indian Land Consolida22 tion Act of 1983, as amended, by direct expenditure or coop23 erative agreement, $22,980,000, to remain available until

24 expended.
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1 NATURAL RESOURCE DAMAGE ASSESSMENT AND

2 RESTORATION

3 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

4 To conduct natural resource damage assessment and

5 restoration activities by the Department of the Interior nec6 essary to carry out the provisions of the Comprehensive En7 vironmental Response, Compensation, and Liability Act, as

8 amended (42 U.S.C. 9601 et seq.), Federal Water Pollution

9 Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil

10 Pollution Act of 1990 (Public Law 101–380) (33 U.S.C.

11 2701 et seq.), and Public Law 101–337, as amended (16

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

13 expended.

14 ADMINISTRATIVE PROVISIONS

15 There is hereby authorized for acquisition from avail16 able resources within the Working Capital Fund, 15 air17 craft, 10 of which shall be for replacement and which may

18 be obtained by donation, purchase or through available ex19 cess surplus property: Provided, That existing aircraft

20 being replaced may be sold, with proceeds derived or trade21 in value used to offset the purchase price for the replacement

22 aircraft: Provided further, That no programs funded with

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

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

25 may be augmented through the Working Capital Fund.
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1 GENERAL PROVISIONS, DEPARTMENT OF THE

2 INTERIOR

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

4 available for expenditure or transfer (within each bureau

5 or office), with the approval of the Secretary, for the emer6 gency reconstruction, replacement, or repair of aircraft,

7 buildings, utilities, or other facilities or equipment dam8 aged or destroyed by fire, flood, storm, or other unavoidable

9 causes: Provided, That no funds shall be made available

10 under this authority until funds specifically made available

11 to the Department of the Interior for emergencies shall have

12 been exhausted: Provided further, That all funds used pur13 suant to this section are hereby designated by Congress to

14 be ‘‘emergency requirements’’ pursuant to section 502 of H.

15 Con. Res. 95, the concurrent resolution on the budget for

16 fiscal year 2004, and must be replenished by a supple17 mental appropriation which must be requested as promptly

18 as possible.

19 SEC. 102. The Secretary may authorize the expendi20 ture or transfer of any no year appropriation in this title,

21 in addition to the amounts included in the budget programs

22 of the several agencies, for the suppression or emergency

23 prevention of wildland fires on or threatening lands under

24 the jurisdiction of the Department of the Interior; for the

25 emergency rehabilitation of burned-over lands under its ju-
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1 risdiction; for emergency actions related to potential or ac2 tual earthquakes, floods, volcanoes, storms, or other un3 avoidable causes; for contingency planning subsequent to

4 actual oil spills; for response and natural resource damage

5 assessment activities related to actual oil spills; for the pre6 vention, suppression, and control of actual or potential

7 grasshopper and Mormon cricket outbreaks on lands under

8 the jurisdiction of the Secretary, pursuant to the authority

9 in section 1773(b) of Public Law 99–198 (99 Stat. 1658);

10 for emergency reclamation projects under section 410 of

11 Public Law 95–87; and shall transfer, from any no year

12 funds available to the Office of Surface Mining Reclamation

13 and Enforcement, such funds as may be necessary to permit

14 assumption of regulatory authority in the event a primacy

15 State is not carrying out the regulatory provisions of the

16 Surface Mining Act: Provided, That appropriations made

17 in this title for wildland fire operations shall be available

18 for the payment of obligations incurred during the pre19 ceding fiscal year, and for reimbursement to other Federal

20 agencies for destruction of vehicles, aircraft, or other equip21 ment in connection with their use for wildland fire oper22 ations, such reimbursement to be credited to appropriations

23 currently available at the time of receipt thereof: Provided

24 further, That for wildland fire operations, no funds shall

25 be made available under this authority until the Secretary
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1 determines that funds appropriated for ‘‘wildland fire oper2 ations’’ shall be exhausted within 30 days: Provided further,

3 That all funds used pursuant to this section are hereby des4 ignated by Congress to be ‘‘emergency requirements’’ pursu5 ant to section 502 of H. Con. Res. 95, the concurrent resolu6 tion on the budget for fiscal year 2004, and must be replen7 ished by a supplemental appropriation which must be re8 quested as promptly as possible: Provided further, That such

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

10 rata basis, accounts from which emergency funds were

11 transferred.

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

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

14 similar facilities, wherever consolidation of activities will

15 contribute to efficiency or economy, and said appropria16 tions shall be reimbursed for services rendered to any other

17 activity in the same manner as authorized by sections 1535

18 and 1536 of title 31, United States Code: Provided, That

19 reimbursements for costs and supplies, materials, equip20 ment, and for services rendered may be credited to the ap21 propriation current at the time such reimbursements are

22 received.

23 SEC. 104. Appropriations made to the Department of

24 the Interior in this title shall be available for services as

25 authorized by 5 U.S.C. 3109, when authorized by the Sec-
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1 retary, in total amount not to exceed $500,000; hire, main2 tenance, and operation of aircraft; hire of passenger motor

3 vehicles; purchase of reprints; payment for telephone service

4 in private residences in the field, when authorized under

5 regulations approved by the Secretary; and the payment of

6 dues, when authorized by the Secretary, for library member7 ship in societies or associations which issue publications to

8 members only or at a price to members lower than to sub9 scribers who are not members.

10 SEC. 105. Appropriations available to the Department

11 of the Interior for salaries and expenses shall be available

12 for uniforms or allowances therefor, as authorized by law

13 (5 U.S.C. 5901–5902 and D.C. Code 4–204).

14 SEC. 106. Annual appropriations made in this title

15 shall be available for obligation in connection with con16 tracts issued for services or rentals for periods not in excess

17 of 12 months beginning at any time during the fiscal year.

18 SEC. 107. No funds provided in this title may be ex19 pended by the Department of the Interior for the conduct

20 of offshore preleasing, leasing and related activities placed

21 under restriction in the President’s moratorium statement

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

23 southern California; the North Atlantic; Washington and

24 Oregon; and the eastern Gulf of Mexico south of 26 degrees

25 north latitude and east of 86 degrees west longitude.
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1 SEC. 108. No funds provided in this title may be ex2 pended by the Department of the Interior to conduct offshore

3 oil and natural gas preleasing, leasing and related activi4 ties in the eastern Gulf of Mexico planning area for any

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

6 Outer Continental Shelf 5-Year Oil and Gas Leasing Pro7 gram, 1997–2002.

8 SEC. 109. No funds provided in this title may be ex9 pended by the Department of the Interior to conduct oil and

10 natural gas preleasing, leasing and related activities in the

11 Mid-Atlantic and South Atlantic planning areas.

12 SEC. 110. Notwithstanding any other provisions of

13 law, the National Park Service shall not develop or imple14 ment a reduced entrance fee program to accommodate non15 local travel through a unit. The Secretary may provide for

16 and regulate local non-recreational passage through units

17 of the National Park System, allowing each unit to develop

18 guidelines and permits for such activity appropriate to that

19 unit.

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

21 Indian tribes, tribal organizations, and tribal consortia

22 pursuant to the Indian Self-Determination and Education

23 Assistance Act (25 U.S.C. 450 et seq.) or the Tribally Con24 trolled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may

25 be invested by the Indian tribe, tribal organization, or con-
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1 sortium before such funds are expended for the purposes of

2 the grant, compact, or annual funding agreement so long

3 as such funds are—

4 (1) invested by the Indian tribe, tribal organiza5 tion, or consortium only in obligations of the United

6 States, or in obligations or securities that are guaran7 teed or insured by the United States, or mutual (or

8 other) funds registered with the Securities and Ex9 change Commission and which only invest in obliga10 tions of the United States or securities that are guar11 anteed or insured by the United States; or

12 (2) deposited only into accounts that are insured

13 by an agency or instrumentality of the United States,

14 or are fully collateralized to ensure protection of the

15 funds, even in the event of a bank failure.

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

17 headings Bureau of Indian Affairs and Office of Special

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

20 the same headings, shall be available for expenditure or

21 transfer for Indian trust management and reform activities.

22 SEC. 113. Notwithstanding any other provision of law,

23 for the purpose of reducing the backlog of Indian probate

24 cases in the Department of the Interior, the hearing require25 ments of chapter 10 of title 25, United States Code, are
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1 deemed satisfied by a proceeding conducted by an Indian

2 probate judge, appointed by the Secretary without regard

3 to the provisions of title 5, United States Code, governing

4 the appointments in the competitive service, for such period

5 of time as the Secretary determines necessary: Provided,

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

7 may be fixed by the Secretary without regard to the provi8 sions of chapter 51, and subchapter III of chapter 53 of

9 title 5, United States Code, governing the classification and

10 pay of General Schedule employees, except that no such In11 dian probate judge may be paid at a level which exceeds

12 the maximum rate payable for the highest grade of the Gen13 eral Schedule, including locality pay.

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

15 the Secretary of the Interior is authorized to redistribute

16 any Tribal Priority Allocation funds, including tribal base

17 funds, to alleviate tribal funding inequities by transferring

18 funds to address identified, unmet needs, dual enrollment,

19 overlapping service areas or inaccurate distribution meth20 odologies. No tribe shall receive a reduction in Tribal Pri21 ority Allocation funds of more than 10 percent in fiscal

22 year 2004. Under circumstances of dual enrollment, over23 lapping service areas or inaccurate distribution methodolo24 gies, the 10 percent limitation does not apply.
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1 SEC. 115. Funds appropriated for the Bureau of In2 dian Affairs for postsecondary schools for fiscal year 2004

3 shall be allocated among the schools proportionate to the

4 unmet need of the schools as determined by the Postsec5 ondary Funding Formula adopted by the Office of Indian

6 Education Programs.

7 SEC. 116. (a) The Secretary of the Interior shall here8 after take such action as may be necessary to ensure that

9 the lands comprising the Huron Cemetery in Kansas City,

10 Kansas (as described in section 123 of Public Law 106–

11 291) are used only in accordance with this section.

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

13 only: (1) for religious and cultural uses that are compatible

14 with the use of the lands as a cemetery; and (2) as a burial

15 ground.

16 SEC. 117. Notwithstanding any other provision of law,

17 in conveying the Twin Cities Research Center under the au18 thority provided by Public Law 104–134, as amended by

19 Public Law 104–208, the Secretary may accept and retain

20 land and other forms of reimbursement: Provided, That the

21 Secretary may retain and use any such reimbursement

22 until expended and without further appropriation: (1) for

23 the benefit of the National Wildlife Refuge System within

24 the State of Minnesota; and (2) for all activities authorized

25 by Public Law 100–696; 16 U.S.C. 460zz.
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1 SEC. 118. Notwithstanding other provisions of law, the

2 National Park Service may authorize, through cooperative

3 agreement, the Golden Gate National Parks Association to

4 provide fee-based education, interpretive and visitor service

5 functions within the Crissy Field and Fort Point areas of

6 the Presidio.

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

8 received by the Bureau of Land Management for the sale

9 of seeds or seedlings including those collected in fiscal year

10 2003, may be credited to the appropriation from which

11 funds were expended to acquire or grow the seeds or seed12 lings and are available without fiscal year limitation.

13 SEC. 120. Subject to the terms and conditions of sec14 tion 126 of the Department of the Interior and Related

15 Agencies Act, 2002, the Administrator of General Services

16 shall sell all right, title, and interest of the United States

17 in and to the improvements and equipment of the White

18 River Oil Shale Mine.

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

20 contract for the use of helicopters or motor vehicles on the

21 Sheldon and Hart National Wildlife Refuges for the purpose

22 of capturing and transporting horses and burros. The provi23 sions of subsection (a) of the Act of September 8, 1959 (18

24 U.S.C. 47(a)) shall not be applicable to such use. Such use
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1 shall be in accordance with humane procedures prescribed

2 by the Secretary.

3 SEC. 122. Of the funds made available under the head4 ing ‘‘Bureau of Land Management, Land Acquisition’’ in

5 title I of the Department of the Interior and Related Agen6 cies Appropriation Act, 2002 (115 Stat. 420), the Secretary

7 of the Interior shall grant $500,000 to the City of St.

8 George, Utah, for the purchase of the land as provided in

9 the Virgin River Dinosaur Footprint Preserve Act (116

10 Stat. 2896), with any surplus funds available after the pur11 chase to be available for the purpose of the preservation of

12 the land and the paleontological resources on the land.

13 SEC. 123. Funds provided in this Act for Federal land

14 acquisition by the National Park Service for the Ice Age

15 National Scenic Trail may be used for a grant to a State,

16 a local government, or any other governmental land man17 agement entity for the acquisition of lands without regard

18 to any restriction on the use of Federal land acquisition

19 funds provided through the Land and Water Conservation

20 Fund Act of 1965 as amended.

21 SEC. 124. None of the funds made available by this

22 Act may be obligated or expended by the National Park

23 Service to enter into or implement a concession contract

24 which permits or requires the removal of the underground

25 lunchroom at the Carlsbad Caverns National Park.
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1 SEC. 125. The Secretary of the Interior may use discre2 tionary funds to pay private attorneys fees and costs for

3 employees and former employees of the Department of the

4 Interior reasonably incurred in connection with Cobell v.

5 Norton to the extent that such fees and costs are not paid

6 by the Department of Justice or by private insurance. In

7 no case shall the Secretary make payments under this sec8 tion that would result in payment of hourly fees in excess

9 of the highest hourly rate approved by the District Court

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

11 SEC. 126. The United States Fish and Wildlife Service

12 shall, in carrying out its responsibilities to protect threat13 ened and endangered species of salmon, implement a system

14 of mass marking of salmonid stocks, intended for harvest,

15 that are released from Federally operated or Federally fi16 nanced hatcheries including but not limited to fish releases

17 of coho, chinook, and steelhead species. Marked fish must

18 have a visible mark that can be readily identified by com19 mercial and recreational fishers.

20 SEC. 127. Section 134 of Public Law 107–63 (115

21 Stat. 442–443) is amended by striking the proviso thereto

22 and inserting the following: ‘‘Provided, That nothing in this

23 section affects the decision of the United States Court of

24 Appeals for the 10th Circuit in Sac and Fox Nation v. Nor25 ton, 240 F.3d 1250 (2001): Provided further, That nothing
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1 in this section permits the conduct of gaming under the In2 dian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on

3 land described in section 123 of Public Law 106–291 (114

4 Stat. 944–945), or land that is contiguous to that land, re5 gardless of whether the land or contiguous land has been

6 taken into trust by the Secretary of the Interior.’’.

7 SEC. 128. No funds appropriated for the Department

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

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

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

11 levels required for the operation of the Glen Canyon Dam.

12 SEC. 129. Notwithstanding the limitation in subpara13 graph (2)(B) of section 18(a) of the Indian Gaming Regu14 latory Act (25 U.S.C. 2717(a)), the total amount of all fees

15 imposed by the National Indian Gaming Commission for

16 fiscal year 2005 shall not exceed $12,000,000.

17 SEC. 130. None of the funds in this Act may be used

18 to fund Cooperative Ecosystem Studies Units in the State

19 of Alaska.

20 SEC. 131. The State of Utah’s contribution require21 ment pursuant to Public Law 105–363 shall be deemed to

22 have been satisfied and within thirty days of enactment of

23 this Act, the Secretary of the Interior shall transfer to the

24 State of Utah all right, title, and interest of the United

25 States in and to the Wilcox Ranch lands acquired under
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1 section 2(b) of Public Law 105–363, for management by

2 the Utah Division of Wildlife Resources for wildlife habitat

3 and public access.

4 SEC. 132. Upon enactment of this Act, the Congaree

5 Swamp National Monument shall be designated the Con6 garee National Park.

7 SEC. 133. The Secretary shall have no more than one

8 hundred and eighty days from October 1, 2003, to prepare

9 and submit to the Congress, in a manner otherwise con10 sistent with the Indian Tribal Judgment Funds Use or Dis11 tribution Act (25 U.S.C. 1401 et seq.), plans for the use

12 and distribution of the Mescalero Apache Tribe’s Judgment

13 Funds from Docket 92–403L, the Pueblo of Isleta’s Judg14 ment Funds from Docket 98–166L, and the Assiniboine and

15 Sioux Tribes of the Fort Peck Reservation’s Judgment

16 Funds in Docket No. 773–87–L of the United States Court

17 of Federal Claims; each plan shall become effective upon

18 the expiration of a sixty day period beginning on the day

19 each plan is submitted to the Congress.

20 SEC. 134. Notwithstanding any implementation of the

21 Department of the Interior’s trust reorganization plan

22 within fiscal years 2003 or 2004, funds appropriated for

23 fiscal year 2004 shall be available to the tribes within the

24 California Tribal Trust Reform Consortium and to the Salt

25 River Pima Maricopa Indian Community, the Confed-
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1 erated Salish-Kootenai Tribes of the Flathead Reservation

2 and the Chippewa Cree Tribe of the Rocky Boys Reservation

3 and the Bureau of Indian Affairs Regional offices that serve

4 them, on the same basis as funds were distributed in fiscal

5 year 2003. The Demonstration Project shall operate sepa6 rate and apart from the Department of the Interior’s trust

7 reform reorganization, and the Department shall not im8 pose its trust management infrastructure upon or alter the

9 existing trust resource management systems of the Cali10 fornia Trust Reform Consortium and any other partici11 pating tribe having a self-governance compact and oper12 ating in accordance with the Tribal Self-Governance Pro13 gram set forth in 25 U.S.C. Sections 458aa–458hh.

14 SEC. 135. Not later than December 31 of each year,

15 the Secretary of the Interior shall submit to Congress a re16 port on the competitive sourcing activities on the list re17 quired under the Federal Activities Inventory Reform Act

18 of 1998 (Public Law 105-270; 31 U.S.C. 501 note) that were

19 performed for the Department of the Interior during the

20 previous fiscal year by Federal Government sources. The re21 port shall include—

22 (1) the total number of competitions completed;

23 (2) the total number of competitions announced,

24 together with a list of the activities covered by such

25 competitions;
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1 (3) the total number of full-time equivalent Fed2 eral employees studied under completed competitions;

3 (4) the total number of full-time equivalent Fed4 eral employees being studied under competitions an5 nounced, but not completed;

6 (5) the incremental cost directly attributable to

7 conducting the competitions identified under para8 graphs (1) and (2), including costs attributable to

9 paying outside consultants and contractors;

10 (6) an estimate of the total anticipated savings,

11 or a quantifiable description of improvements in serv12 ice or performance, derived from completed competi13 tions;

14 (7) actual savings, or a quantifiable description

15 of improvements in service or performance, derived

16 from the implementation of competitions completed

17 after May 29, 2003;

18 (8) the total projected number of full time equiv19 alent Federal employees covered by competitions

20 scheduled to be announced in the fiscal year covered

21 by the next report required under this section; and

22 (9) a general description of how the competitive

23 sourcing decisionmaking processes of the Department

24 of the Interior are aligned with the strategic workforce

25 plan of that department.
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1 SEC. 136. (a) PAYMENT TO THE HARRIET TUBMAN

2 HOME, AUBURN, NEW YORK, AUTHORIZED.—(1) The Sec3 retary of the Interior may, using amounts appropriated or

4 otherwise made available by this title, make a payment to

5 the Harriet Tubman Home in Auburn, New York, in the

6 amount of $11,750.

7 (2) The amount specified in paragraph (1) is the

8 amount of widow’s pension that Harriet Tubman should

9 have received from January 1899 to March 1913 under var10 ious laws authorizing pension for the death of her husband,

11 Nelson Davis, a deceased veteran of the Civil War, but did

12 not receive, adjusted for inflation since March 1913.

13 (b) USE OF AMOUNTS.—The Harriet Tubman Home

14 shall use amounts paid under subsection (a) for the pur15 poses of—

16 (1) preserving and maintaining the Harriet

17 Tubman Home; and

18 (2) honoring the memory of Harriet Tubman.

19 SEC. 137. Nonrenewable grazing permits authorized in

20 the Jarbidge Field Office, Bureau of Land Management

21 within the past seven years shall be renewed under section

22 402 of the Federal Land Policy and Management Act of

23 1976, as amended (43 U.S.C. 1752) and under section 3

24 of the Taylor Grazing Act of 1934, as amended (43 U.S.C.

25 315b). The terms and conditions contained in the most re-
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1 cently expired nonrenewable grazing permit shall continue

2 in effect under the renewed permit. Upon completion of any

3 required analysis or documentation, the permit may be can4 celed, suspended or modified, in whole or in part, to meet

5 the requirements of applicable laws and regulations. Noth6 ing in this section shall be deemed to extend the nonrenew7 able permits beyond the standard one-year term.

8 SEC. 138. INTERIM COMPENSATION PAYMENTS. Sec9 tion 2303(b) of Public Law 106–246 (114 Stat. 549) is

10 amended by inserting before the period at the end the fol11 lowing: ‘‘, unless the amount of the interim compensation

12 exceeds the amount of the final compensation’’.

13 SEC. 139. APPLICATIONS FOR WAIVERS OF MAINTE14 NANCE FEES. Section 10101f(d)(3) of the Omnibus Budget

15 Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)) is amend16 ed by inserting after ‘‘reason’’ the following: ‘‘(including,

17 with respect to any application filed on or after January

18 1, 1999, the filing of the application after the statutory

19 deadline)’’.

20 SEC. 140. None of the funds appropriated or otherwise

21 made available by this or any other Act, hereafter enacted,

22 may be used to permit the use of the National Mall for a

23 special event, unless the permit expressly prohibits the erec24 tion, placement, or use of structures and signs bearing com25 mercial advertising. The Secretary may allow for recogni-
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1 tion of sponsors of special events: Provided, That the size

2 and form of the recognition shall be consistent with the spe3 cial nature and sanctity of the Mall and any lettering or

4 design identifying the sponsor shall be no larger than one5 third the size of the lettering or design identifying the spe6 cial event. In approving special events, the Secretary shall

7 ensure, to the maximum extent practicable, that public use

8 of, and access to the Mall is not restricted. For purposes

9 of this section, the term ‘‘special event’’ shall have the mean10 ing given to it by section 7.96(g)(1)(ii) of title 36, Code

11 of Federal Regulations.

12 TITLE II—RELATED AGENCIES

13 DEPARTMENT OF AGRICULTURE

14 FOREST SERVICE

15 FOREST AND RANGELAND RESEARCH

16 For necessary expenses of forest and rangeland re17 search as authorized by law, $266,180,000, to remain avail18 able until expended.

19 STATE AND PRIVATE FORESTRY

20 For necessary expenses of cooperating with and pro21 viding technical and financial assistance to States, terri22 tories, possessions, and others, and for forest health manage23 ment, including treatments of pests, pathogens, and

24 invasive or noxious plants, and for restoring and rehabili25 tating forests damaged by pests or invasive plants, coopera-
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1 tive forestry, and education and land conservation activi2 ties and conducting an international program as author3 ized, $295,349,000, to remain available until expended, of

4 which $84,716,000 is to be derived from the Land and

5 Water Conservation Fund: Provided, That each forest leg6 acy grant shall be for a specific project or set of specific

7 tasks: Provided further, That grants for acquisition of lands

8 or conservation easements shall require that the State dem9 onstrates that 25 percent of the total value of the project

10 is comprised of a non-Federal cost share: Provided further,

11 That up to $2,000,000 may be used by the Secretary solely

12 for: (1) rapid response to new introductions of non-native

13 or invasive pests or pathogens in which no previous federal

14 funding has been identified to address, or (2) for a limited

15 number of instances in which any pest populations increase

16 at over 150 percent of levels monitored for that species in

17 the immediately preceding fiscal year and failure to sup18 press those popultions would lead to a 10-percent increase

19 of annual forest or stand mortality over ambient mortality

20 levels.

21 NATIONAL FOREST SYSTEM

22 For necessary expenses of the Forest Service, not other23 wise provided for, for management, protection, improve24 ment, and utilization of the National Forest System,

25 $1,370,731,000, to remain available until expended, which
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1 shall include 50 percent of all moneys received during prior

2 fiscal years as fees collected under the Land and Water Con3 servation Fund Act of 1965, as amended, in accordance

4 with section 4 of the Act (16 U.S.C. 460l–6a(i)), of which

5 $200,000 may be for necessary expenses related to a land

6 exchange between the State of Montana and the Lolo Na7 tional Forest: Provided, That unobligated balances avail8 able at the start of fiscal year 2004 shall be displayed by

9 budget line item in the fiscal year 2005 budget justification:

10 Provided further, That the Secretary may authorize the ex11 penditure or transfer of such sums as necessary to the De12 partment of the Interior, Bureau of Land Management, for

13 removal, preparation, and adoption of excess wild horses

14 and burros, and for the performance of cadastral surveys

15 to designate the boundaries of such lands from National

16 Forest System lands: Provided further, That of the funds

17 provided under this heading for Forest Products, $5,000,000

18 shall be allocated to the Alaska Region, in addition to its

19 normal allocation for the purposes of preparing additional

20 timber for sale, to establish a 3-year timber supply and such

21 funds may be transferred to other appropriations accounts

22 as necessary to maximize accomplishment: Provided fur23 ther, That of the funds provided under this heading,

24 $3,150,000 is for expenses required to implement title I of

25 Public Law 106–248, to be segregated in a separate fund
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1 established by the Secretary of Agriculture: Provided fur2 ther, That within funds available for the purpose of imple3 menting the Valles Caldera Preservation Act, notwith4 standing the limitations of section 107(e)(2) of the Valles

5 Caldera Preservation Act (Public Law 106–248), for fiscal

6 year 2004, the Chair of the Board of Trustees of the Valles

7 Caldera Trust may receive, upon request, compensation for

8 each day (including travel time) that the Chair is engaged

9 in the performance of the functions of the Board, except that

10 compensation shall not exceed the daily equivalent of the

11 annual rate in effect for members of the Senior Executive

12 Service at the ES–1 level, and shall be in addition to any

13 reimbursement for travel, subsistence and other necessary

14 expenses incurred by the Chair in the performance of the

15 Chair’s duties.

16 For an additional amount to reimburse the Judgment

17 Fund as required by 41 U.S.C. 612(c) for judgment liabil18 ities previously incurred, $188,405,000.

19 WILDLAND FIRE MANAGEMENT

20 For necessary expenses for forest fire presuppression

21 activities on National Forest System lands, for emergency

22 fire suppression on or adjacent to such lands or other lands

23 under fire protection agreement, hazardous fuels reduction

24 on or adjacent to such lands, and for emergency rehabilita25 tion of burned-over National Forest System lands and
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1 water, $1,543,072,000, to remain available until expended:

2 Provided, That such funds including unobligated balances

3 under this head, are available for repayment of advances

4 from other appropriations accounts previously transferred

5 for such purposes: Provided further, That such funds may

6 be available to reimburse State and other cooperating enti7 ties for services provided in response to wildfire and other

8 emergencies or disasters: Provided further, That not less

9 than 50 percent of any unobligated balances remaining (ex10 clusive of amounts for hazardous fuels reduction) at the end

11 of fiscal year 2003 shall be transferred, as repayment for

12 past advances that have not been repaid, to the fund estab13 lished pursuant to section 3 of Public Law 71–319 (16

14 U.S.C. 576 et seq.): Provided further, That notwithstanding

15 any other provision of law, $8,000,000 of funds appro16 priated under this appropriation shall be used for Fire

17 Science Research in support of the Joint Fire Science Pro18 gram: Provided further, That all authorities for the use of

19 funds, including the use of contracts, grants, and coopera20 tive agreements, available to execute the Forest and Range21 land Research appropriation, are also available in the utili22 zation of these funds for Fire Science Research: Provided

23 further, That funds provided shall be available for emer24 gency rehabilitation and restoration, hazardous fuels reduc25 tion activities in the urban-wildland interface, support to
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1 Federal emergency response, and wildfire suppression ac2 tivities of the Forest Service: Provided further, That of the

3 funds provided, $231,392,000 is for hazardous fuels reduc4 tion activities, $21,427,000 is for research activities and to

5 make competitive research grants pursuant to the Forest

6 and Rangeland Renewable Resources Research Act, as

7 amended (16 U.S.C. 1641 et seq.), $47,752,000 is for State

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

9 and $11,934,000 is for forest health activities on State, pri10 vate, and Federal lands: Provided further, That amounts

11 in this paragraph may be transferred to the ‘‘State and

12 Private Forestry’’, ‘‘National Forest System’’, and ‘‘Forest

13 and Rangeland Research’’ accounts to fund State fire assist14 ance, volunteer fire assistance, forest health management,

15 forest and rangeland research, vegetation and watershed

16 management, heritage site rehabilitation, wildlife and fish

17 habitat management, and restoration: Provided further,

18 That transfers of any amounts in excess of those authorized

19 in this paragraph shall require approval of the House and

20 Senate Committees on Appropriations in compliance with

21 reprogramming procedures contained in House Report No.

22 105–163: Provided further, That the costs of implementing

23 any cooperative agreement between the Federal Government

24 and any non-Federal entity may be shared, as mutually

25 agreed on by the affected parties: Provided further, That
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1 in addition to funds provided for State Fire Assistance pro2 grams, and subject to all authorities available to the Forest

3 Service under the State and Private Forestry Appropria4 tions, up to $15,000,000 may be used on adjacent non-Fed5 eral lands for the purpose of protecting communities when

6 hazard reduction activities are planned on national forest

7 lands that have the potential to place such communities at

8 risk: Provided further, That included in funding for haz9 ardous fuel reduction is $5,000,000 for implementing the

10 Community Forest Restoration Act, Public Law 106–393,

11 title VI, and any portion of such funds shall be available

12 for use on non-Federal lands in accordance with authorities

13 available to the Forest Service under the State and Private

14 Forestry Appropriation: Provided further, That in using

15 the funds provided in this Act for hazardous fuels reduction

16 activities, the Secretary of Agriculture may conduct fuel re17 duction treatments on Federal lands using all contracting

18 and hiring authorities available to the Secretary applicable

19 to hazardous fuel reduction activities under the wildland

20 fire management accounts: Provided further, That notwith21 standing Federal Government procurement and contracting

22 laws, the Secretaries may conduct fuel reduction treatments,

23 rehabilitation and restoration, and other activities author24 ized under this heading on and adjacent to Federal lands

25 using grants and cooperative agreements: Provided further,
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1 That notwithstanding Federal Government procurement

2 and contracting laws, in order to provide employment and

3 training opportunities to people in rural communities, the

4 Secretaries may award contracts, including contracts for

5 monitoring activities, to local private, non-profit, or cooper6 ative entities; Youth Conservation Corps crews or related

7 partnerships, with State, local and non-profit youth groups;

8 small or micro-businesses; or other entities that will hire

9 or train a significant percentage of local people to complete

10 such contracts: Provided further, That the authorities de11 scribed above relating to contracts, grants, and cooperative

12 agreements are available until all funds provided in this

13 title for hazardous fuels reduction activities in the urban

14 wildland interface are obligated: Provided further, That the

15 Secretary of the Interior and the Secretary of Agriculture

16 may authorize the transfer of funds appropriated for

17 wildland fire management, in an aggregate amount not to

18 exceed $12,000,000, between the Departments when such

19 transfers would facilitate and expedite jointly funded

20 wildland fire management programs and projects.

21 CAPITAL IMPROVEMENT AND MAINTENANCE

22 For necessary expenses of the Forest Service, not other23 wise provided for, $532,406,000, to remain available until

24 expended for construction, reconstruction, maintenance and

25 acquisition of buildings and other facilities, and for con-
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1 struction, reconstruction, repair and maintenance of forest

2 roads and trails by the Forest Service as authorized by 16

3 U.S.C. 532–538 and 23 U.S.C. 101 and 205, of which

4 $500,000 may be for improvements at Fernwood Park on

5 the Wasatch-Cache National Forest: Provided, That up to

6 $15,000,000 of the funds provided herein for road mainte7 nance shall be available for the decommissioning of roads,

8 including unauthorized roads not part of the transportation

9 system, which are no longer needed: Provided further, That

10 no funds shall be expended to decommission any system

11 road until notice and an opportunity for public comment

12 has been provided on each decommissioning project.

13 LAND ACQUISITION

14 For expenses necessary to carry out the provisions of

15 the Land and Water Conservation Fund Act of 1965, as

16 amended (16 U.S.C. 460l–4 through 11), including admin17 istrative expenses, and for acquisition of land or waters,

18 or interest therein, in accordance with statutory authority

19 applicable to the Forest Service, $76,440,000, to be derived

20 from the Land and Water Conservation Fund and to re21 main available until expended, of which $5,400,000 shall

22 be available for the Beaver Brook Watershed in the State

23 of Colorado: Provided, That notwithstanding any limita24 tions of the Land and Water Conservation Fund Act (16

25 U.S.C. 460l–9), the Secretary of Agriculture is henceforth
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1 authorized to utilize any funds appropriated from the Land

2 and Water Conservation Fund to acquire Mental Health

3 Trust lands in Alaska and, upon Federal acquisition, the

4 boundaries of the Tongass National Forest shall be deemed

5 modified to include such lands.

6 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

7 ACTS

8 For acquisition of lands within the exterior boundaries

9 of the Cache, Uinta, and Wasatch National Forests, Utah;

10 the Toiyabe National Forest, Nevada; and the Angeles, San

11 Bernardino, Sequoia, and Cleveland National Forests, Cali12 fornia, as authorized by law, $1,069,000, to be derived from

13 forest receipts.

14 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

15 For acquisition of lands, such sums, to be derived from

16 funds deposited by State, county, or municipal govern17 ments, public school districts, or other public school authori18 ties, and for authorized expenditures from funds deposited

19 by non-federal parties pursuant to Land Sale and Ex20 change Acts, pursuant to the Act of December 4, 1967, as

21 amended (16 U.S.C. 484a), to remain available until ex22 pended.

23 RANGE BETTERMENT FUND

24 For necessary expenses of range rehabilitation, protec25 tion, and improvement, 50 percent of all moneys received
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1 during the prior fiscal year, as fees for grazing domestic

2 livestock on lands in National Forests in the 16 Western

3 States, pursuant to section 401(b)(1) of Public Law 94–

4 579, as amended, to remain available until expended, of

5 which not to exceed 6 percent shall be available for adminis6 trative expenses associated with on-the-ground range reha7 bilitation, protection, and improvements.

8 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

9 RANGELAND RESEARCH

10 For expenses authorized by 16 U.S.C. 1643(b),

11 $92,000, to remain available until expended, to be derived

12 from the fund established pursuant to the above Act.

13 MANAGEMENT OF NATIONAL FOREST LANDS FOR

14 SUBSISTENCE USES

15 For necessary expenses of the Forest Service to manage

16 federal lands in Alaska for subsistence uses under title VIII

17 of the Alaska National Interest Lands Conservation Act

18 (Public Law 96–487), $5,535,000, to remain available until

19 expended, of which not to exceed $100,000 per annum may

20 be used to reimburse the Office of General Counsel, Depart21 ment of Agriculture, for salaries and related expenses in22 curred in providing legal services in relation to subsistence

23 management.
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1 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

2 Appropriations to the Forest Service for the current

3 fiscal year shall be available for: (1) purchase of not to ex4 ceed 124 passenger motor vehicles of which 21 will be used

5 primarily for law enforcement purposes and of which 124

6 shall be for replacement; acquisition of 25 passenger motor

7 vehicles from excess sources, and hire of such vehicles; oper8 ation and maintenance of aircraft to maintain the operable

9 fleet at 195 aircraft for use in Forest Service wildland fire

10 programs and other Forest Service programs; notwith11 standing other provisions of law, existing aircraft being re12 placed may be sold, with proceeds derived or trade-in value

13 used to offset the purchase price for the replacement air14 craft; (2) services pursuant to 7 U.S.C. 2225, and not to

15 exceed $100,000 for employment under 5 U.S.C. 3109; (3)

16 purchase, erection, and alteration of buildings and other

17 public improvements (7 U.S.C. 2250); (4) acquisition of

18 land, waters, and interests therein pursuant to 7 U.S.C.

19 428a; (5) for expenses pursuant to the Volunteers in the Na20 tional Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a

21 note); (6) the cost of uniforms as authorized by 5 U.S.C.

22 5901–5902; and (7) for debt collection contracts in accord23 ance with 31 U.S.C. 3718(c).

24 None of the funds made available under this Act shall

25 be obligated or expended to abolish any region, to move or
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1 close any regional office for National Forest System admin2 istration of the Forest Service, Department of Agriculture

3 without the consent of the House and Senate Committees

4 on Appropriations.

5 Any appropriations or funds available to the Forest

6 Service may be transferred to the Wildland Fire Manage7 ment appropriation for forest firefighting, emergency reha8 bilitation of burned-over or damaged lands or waters under

9 its jurisdiction, and fire preparedness due to severe burning

10 conditions if and only if all previously appropriated emer11 gency contingent funds under the heading ‘‘Wildland Fire

12 Management’’ have been released by the President and ap13 portioned and all wildfire suppression funds under the

14 heading ‘‘Wildland Fire Management’’ are obligated.

15 Funds appropriated to the Forest Service shall be

16 available for assistance to or through the Agency for Inter17 national Development and the Foreign Agricultural Service

18 in connection with forest and rangeland research, technical

19 information, and assistance in foreign countries, and shall

20 be available to support forestry and related natural resource

21 activities outside the United States and its territories and

22 possessions, including technical assistance, education and

23 training, and cooperation with United States and inter24 national organizations.
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1 None of the funds made available to the Forest Service

2 under this Act shall be subject to transfer under the provi3 sions of section 702(b) of the Department of Agriculture Or4 ganic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless

5 the proposed transfer is approved in advance by the House

6 and Senate Committees on Appropriations in compliance

7 with the reprogramming procedures contained in House Re8 port No. 105–163.

9 None of the funds available to the Forest Service may

10 be reprogrammed without the advance approval of the

11 House and Senate Committees on Appropriations in ac12 cordance with the procedures contained in House Report

13 No. 105–163.

14 No funds available to the Forest Service shall be trans15 ferred to the Working Capital Fund of the Department of

16 Agriculture that exceed the total amount transferred during

17 fiscal year 2000 for such purposes without the advance ap18 proval of the House and Senate Committees on Appropria19 tions.

20 Funds available to the Forest Service shall be available

21 to conduct a program of not less than $2,000,000 for high

22 priority projects within the scope of the approved budget

23 which shall be carried out by the Youth Conservation Corps.
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1 Of the funds available to the Forest Service, $2,500 is

2 available to the Chief of the Forest Service for official recep3 tion and representation expenses.

4 Pursuant to sections 405(b) and 410(b) of Public Law

5 101–593, of the funds available to the Forest Service, up

6 to $3,000,000 may be advanced in a lump sum as Federal

7 financial assistance to the National Forest Foundation,

8 without regard to when the Foundation incurs expenses, for

9 administrative expenses or projects on or benefitting Na10 tional Forest System lands or related to Forest Service pro11 grams: Provided, That of the Federal funds made available

12 to the Foundation, no more than $400,000 shall be available

13 for administrative expenses: Provided further, That the

14 Foundation shall obtain, by the end of the period of Federal

15 financial assistance, private contributions to match on at

16 least one-for-one basis funds made available by the Forest

17 Service: Provided further, That the Foundation may trans18 fer Federal funds to a non-Federal recipient for a project

19 at the same rate that the recipient has obtained the non20 Federal matching funds: Provided further, That authorized

21 investments of Federal funds held by the Foundation may

22 be made only in interest-bearing obligations of the United

23 States or in obligations guaranteed as to both principal and

24 interest by the United States.
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1 Pursuant to section 2(b)(2) of Public Law 98–244,

2 $2,650,000 of the funds available to the Forest Service shall

3 be available for matching funds to the National Fish and

4 Wildlife Foundation, as authorized by 16 U.S.C. 3701–

5 3709, and may be advanced in a lump sum, without regard

6 to when expenses are incurred, for projects on or benefitting

7 National Forest System lands or related to Forest Service

8 programs: Provided, That the Foundation shall obtain pri9 vate contributions to match on at least one-for-one basis

10 funds advanced by the Forest Service: Provided further,

11 That the Foundation may transfer Federal funds to a Fed12 eral or non-Federal recipient for a project at the same rate

13 that the recipient has obtained the non-Federal matching

14 funds.

15 Funds appropriated to the Forest Service shall be

16 available for interactions with and providing technical as17 sistance to rural communities for sustainable rural develop18 ment purposes.

19 Notwithstanding any other provision of law, 80 per20 cent of the funds appropriated to the Forest Service in the

21 ‘‘National Forest System’’ and ‘‘Capital Improvement and

22 Maintenance’’ accounts and planned to be allocated to ac23 tivities under the ‘‘Jobs in the Woods’’ program for projects

24 on National Forest land in the State of Washington may

25 be granted directly to the Washington State Department of
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1 Fish and Wildlife for accomplishment of planned projects.

2 Twenty percent of said funds shall be retained by the Forest

3 Service for planning and administering projects. Project se4 lection and prioritization shall be accomplished by the For5 est Service with such consultation with the State of Wash6 ington as the Forest Service deems appropriate.

7 Funds appropriated to the Forest Service shall be

8 available for payments to counties within the Columbia

9 River Gorge National Scenic Area, pursuant to sections

10 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

11 663.

12 Notwithstanding any other provision of law, any ap13 propriations or funds available to the Forest Service not

14 to exceed $500,000 may be used to reimburse the Office of

15 the General Counsel (OGC), Department of Agriculture, for

16 travel and related expenses incurred as a result of OGC as17 sistance or participation requested by the Forest Service at

18 meetings, training sessions, management reviews, land pur19 chase negotiations and similar non-litigation related mat20 ters. Future budget justifications for both the Forest Service

21 and the Department of Agriculture should clearly display

22 the sums previously transferred and the requested funding

23 transfers.

24 Any appropriations or funds available to the Forest

25 Service may be used for necessary expenses in the event of
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1 law enforcement emergencies as necessary to protect natural

2 resources and public or employee safety: Provided, That

3 such amounts shall not exceed $1,000,000.

4 From funds available to the Forest Service in this Act

5 for payment of costs in accordance with subsection 413(d)

6 of Title IV, Public Law 108–7, $3,000,000 shall be trans7 ferred by the Secretary of Agriculture to the Secretary of

8 the Treasury to make reimbursement payments as provided

9 in such subsection.

10 The Secretary of Agriculture may authorize the sale

11 of excess buildings, facilities, and other properties owned

12 by the Forest Service and located on the Green Mountain

13 National Forest, the revenues of which shall be retained by

14 the Forest Service and available to the Secretary without

15 further appropriation and until expended for maintenance

16 and rehabilitation activities on the Green Mountain Na17 tional Forest.

18 The Secretary of Agriculture may transfer or reim19 burse funds available to the Forest Service, not to exceed

20 $15,000,000, to the Secretary of the Interior or the Sec21 retary of Commerce to expedite conferencing and consulta22 tions as required under section 7 of the Endangered Species

23 Act, 16 U.S.C. 1536. The amount of the transfer or reim24 bursement shall be as mutually agreed by the Secretary of

25 Agriculture and the Secretary of the Interior or Secretary
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1 of Commerce, as applicable, or their designees. The amount

2 shall in no case exceed the actual costs of consultation and

3 conferencing.

4 Beginning on June 30, 2001 and concluding on De5 cember 31, 2004, an eligible individual who is employed

6 in any project funded under Title V of the Older American

7 Act of 1965 (42 U.S.C. 3056 et seq.) and administered by

8 the Forest Service shall be considered to be a Federal em9 ployee for purposes of chapter 171 of title 28, United States

10 Code.

11 Any funds appropriated to the Forest Service may be

12 used to meet the non-Federal share requirement in section

13 502(c) of the Older American Act of 1965 (42 U.S.C.

14 3056(c)(2)).

15 None of the funds made available in this or any other

16 Act may be used by the Forest Service to initiate or con17 tinue competitive sourcing studies until such time as the

18 House and Senate Committees on Appropriations have been

19 given a detailed competitive sourcing proposal (including

20 the number of positions to be studied, the amount of funding

21 needed, and the accounts and activities from which the

22 funding will be reprogrammed), and have approved in writ23 ing such proposal.

24 The Secretary of Agriculture may authorize the sale

25 of excess buildings, facilities, and other properties owned
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1 by the Forest Service and located on the Wasatch-Cache Na2 tional Forest, the revenues of which may be retained by the

3 Forest Service and available to the Secretary without fur4 ther appropriation and until expended for acquisition and

5 construction of administrative sites on the Wasatch-Cache

6 National Forest.

7 DEPARTMENT OF ENERGY

8 CLEAN COAL TECHNOLOGY

9 (DEFERRAL)

10 Of the funds made available under this heading for

11 obligation in prior years, $97,000,000 shall not be available

12 until October 1, 2004: Provided, That funds made available

13 in previous appropriations Acts shall be available for any

14 ongoing project regardless of the separate request for pro15 posal under which the project was selected: Provided fur16 ther, That within 30 days of enactment of this Act, the Sec17 retary is directed to provide the House Committee on Ap18 propriations and the Senate Committee on Appropriations

19 with a plan detailing the proposed expenditure of un-obli20 gated or de-obligated funds from terminated Clean Coal

21 Technology projects in support of the FutureGen project:

22 Provided further, That notwithstanding any other provision

23 of law, within fiscal year 2004 up to $9,000,000 of the funds

24 made available under this heading for obligation in prior

25 years, of funds not obligated or committed to existing Clean
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1 Coal Technology projects, and funds committed or obligated

2 to a project that is or may be terminated, may be used for

3 the development of technologies and research facilities that

4 support the production of electricity and hydrogen from

5 coal including sequestration of associated carbon dioxide:

6 Provided further, That the Secretary may enter into a lease

7 or other agreement, not subject to the conditions or require8 ments established for Clean Coal Technology projects under

9 any prior law, for a cost-shared public-private partnership

10 with a non-Federal entity representing the coal industry

11 and coal-fueled utilities: Provided further, That the Sec12 retary shall ensure that the entity provides opportunities

13 for participation by technology vendors, States, univer14 sities, and other stakeholders.

15 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

16 For necessary expenses in carrying out fossil energy

17 research and development activities, under the authority of

18 the Department of Energy Organization Act (Public Law

19 95–91), including the acquisition of interest, including de20 feasible and equitable interests in any real property or any

21 facility or for plant or facility acquisition or expansion,

22 and for conducting inquiries, technological investigations

23 and research concerning the extraction, processing, use, and

24 disposal of mineral substances without objectionable social

25 and environmental costs (30 U.S.C. 3, 1602, and 1603),
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1 $593,514,000, to remain available until expended, of which

2 $4,000,000 is to continue a multi-year project for construc3 tion, renovation, furnishing, and demolition or removal of

4 buildings at National Energy Technology Laboratory facili5 ties in Morgantown, West Virginia and Pittsburgh, Penn6 sylvania; of which not to exceed $536,000 may be utilized

7 for travel and travel-related expenses incurred by the head8 quarters staff of the Office of Fossil Energy; and of which

9 $130,000,000 are to be made available, after coordination

10 with the private sector, for a request for proposals for a

11 Clean Coal Power Initiative providing for competitively12 awarded research, development, and demonstration projects

13 to reduce the barriers to continued and expanded coal use:

14 Provided, That no project may be selected for which suffi15 cient funding is not available to provide for the total

16 project: Provided further, That funds shall be expended in

17 accordance with the provisions governing the use of funds

18 contained under the heading ‘‘Clean Coal Technology’’ in

19 42 U.S.C. 5903d: Provided further, That the Department

20 may include provisions for repayment of Government con21 tributions to individual projects in an amount up to the

22 Government contribution to the project on terms and condi23 tions that are acceptable to the Department including re24 payments from sale and licensing of technologies from both

25 domestic and foreign transactions: Provided further, That
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1 such repayments shall be retained by the Department for

2 future coal-related research, development and demonstra3 tion projects: Provided further, That any technology selected

4 under this program shall be considered a Clean Coal Tech5 nology, and any project selected under this program shall

6 be considered a Clean Coal Technology Project, for the pur7 poses of 42 U.S.C. 7651n, and Chapters 51, 52, and 60 of

8 title 40 of the Code of Federal Regulations: Provided fur9 ther, That no part of the sum herein made available shall

10 be used for the field testing of nuclear explosives in the re11 covery of oil and gas: Provided further, That up to 4 percent

12 of program direction funds available to the National En13 ergy Technology Laboratory may be used to support De14 partment of Energy activities not included in this account.

15 NAVAL PETROLEUM AND OIL SHALE RESERVES

16 For expenses necessary to carry out naval petroleum

17 and oil shale reserve activities, $17,947,000, to remain

18 available until expended: Provided, That, notwithstanding

19 any other provision of law, unobligated funds remaining

20 from prior years shall be available for all naval petroleum

21 and oil shale reserve activities.

22 ELK HILLS SCHOOL LANDS FUND

23 For necessary expenses in fulfilling installment pay24 ments under the Settlement Agreement entered into by the

25 United States and the State of California on October 11,
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1 1996, as authorized by section 3415 of Public Law 104–

2 106, $36,000,000, to become available on October 1, 2004

3 for payment to the State of California for the State Teach4 ers’ Retirement Fund from the Elk Hills School Lands

5 Fund.

6 ENERGY CONSERVATION

7 For necessary expenses in carrying out energy con8 servation activities, $861,645,000, to remain available until

9 expended, of which $1,500,000 is for DES applications inte10 gration: Provided, That $274,000,000 shall be for use in

11 energy conservation grant programs as defined in section

12 3008(3) of Public Law 99–509 (15 U.S.C. 4507): Provided

13 further, That notwithstanding section 3003(d)(2) of Public

14 Law 99–509, such sums shall be allocated to the eligible

15 programs as follows: $230,000,000 for weatherization assist16 ance grants and $44,000,000 for State energy program

17 grants.

18 ECONOMIC REGULATION

19 For necessary expenses in carrying out the activities

20 of the Office of Hearings and Appeals, $1,047,000, to re21 main available until expended.

22 STRATEGIC PETROLEUM RESERVE

23 For necessary expenses for Strategic Petroleum Reserve

24 facility development and operations and program manage25 ment activities pursuant to the Energy Policy and Con26 servation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
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1 $173,081,000, to remain available until expended: Pro2 vided, That the Department of Energy shall develop, with

3 an opportunity for public comment, procedures to obtain

4 oil for the Strategic Petroleum Reserve in a manner that

5 maximizes the overall domestic supply of crude oil (includ6 ing amounts stored in private sector inventories) and mini7 mizes the costs to the Department of the Interior and the

8 Department of Energy of acquiring such oil (including fore9 gone revenues to the Treasury when oil for the Reserve is

10 obtained through the Royalty-in-Kind program), consistent

11 with national security. Such procedures shall include proce12 dures and criteria for the review of requests for the deferrals

13 of scheduled deliveries. No later than 120 days following

14 the enactment of this Act the Department shall propose and

15 no later than 180 days following the enactment of this Act

16 the Department shall publish and follow such procedures

17 when acquiring oil for the Reserve.

18 NORTHEAST HOME HEATING OIL RESERVE

19 For necessary expenses for Northeast Home Heating

20 Oil Reserve storage, operations, and management activities

21 pursuant to the Energy Policy and Conservation Act of

22 2000, $5,000,000, to remain available until expended.
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1 ENERGY INFORMATION ADMINISTRATION

2 For necessary expenses in carrying out the activities

3 of the Energy Information Administration, $80,111,000, to

4 remain available until expended.

5 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

6 Appropriations under this Act for the current fiscal

7 year shall be available for hire of passenger motor vehicles;

8 hire, maintenance, and operation of aircraft; purchase, re9 pair, and cleaning of uniforms; and reimbursement to the

10 General Services Administration for security guard serv11 ices.

12 From appropriations under this Act, transfers of sums

13 may be made to other agencies of the Government for the

14 performance of work for which the appropriation is made.

15 None of the funds made available to the Department

16 of Energy under this Act shall be used to implement or fi17 nance authorized price support or loan guarantee programs

18 unless specific provision is made for such programs in an

19 appropriations Act.

20 The Secretary is authorized to accept lands, buildings,

21 equipment, and other contributions from public and private

22 sources and to prosecute projects in cooperation with other

23 agencies, Federal, State, private or foreign: Provided, That

24 revenues and other moneys received by or for the account

25 of the Department of Energy or otherwise generated by sale
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1 of products in connection with projects of the Department

2 appropriated under this Act may be retained by the Sec3 retary of Energy, to be available until expended, and used

4 only for plant construction, operation, costs, and payments

5 to cost-sharing entities as provided in appropriate cost6 sharing contracts or agreements: Provided further, That the

7 remainder of revenues after the making of such payments

8 shall be covered into the Treasury as miscellaneous receipts:

9 Provided further, That any contract, agreement, or provi10 sion thereof entered into by the Secretary pursuant to this

11 authority shall not be executed prior to the expiration of

12 30 calendar days (not including any day in which either

13 House of Congress is not in session because of adjournment

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

15 receipt by the Speaker of the House of Representatives and

16 the President of the Senate of a full comprehensive report

17 on such project, including the facts and circumstances relied

18 upon in support of the proposed project.

19 No funds provided in this Act may be expended by the

20 Department of Energy to prepare, issue, or process procure21 ment documents for programs or projects for which appro22 priations have not been made.

23 In addition to other authorities set forth in this Act,

24 the Secretary may accept fees and contributions from public

25 and private sources, to be deposited in a contributed funds
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1 account, and prosecute projects using such fees and con2 tributions in cooperation with other Federal, State or pri3 vate agencies or concerns.

4 DEPARTMENT OF HEALTH AND HUMAN

5 SERVICES

6 INDIAN HEALTH SERVICE

7 INDIAN HEALTH SERVICES

8 For expenses necessary to carry out the Act of August

9 5, 1954 (68 Stat. 674), the Indian Self-Determination Act,

10 the Indian Health Care Improvement Act, and titles II and

11 III of the Public Health Service Act with respect to the In12 dian Health Service, $2,546,524,000, together with pay13 ments received during the fiscal year pursuant to 42 U.S.C.

14 238(b) for services furnished by the Indian Health Service:

15 Provided, That funds made available to tribes and tribal

16 organizations through contracts, grant agreements, or any

17 other agreements or compacts authorized by the Indian Self18 Determination and Education Assistance Act of 1975 (25

19 U.S.C. 450), shall be deemed to be obligated at the time

20 of the grant or contract award and thereafter shall remain

21 available to the tribe or tribal organization without fiscal

22 year limitation: Provided further, That up to $18,000,000

23 shall remain available until expended, for the Indian Cata24 strophic Health Emergency Fund: Provided further, That

25 $472,022,000 for contract medical care shall remain avail-
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1 able for obligation until September 30, 2005: Provided fur2 ther, That of the funds provided, up to $27,000,000 to re3 main available until expended, shall be used to carry out

4 the loan repayment program under section 108 of the In5 dian Health Care Improvement Act: Provided further, That

6 funds provided in this Act may be used for one-year con7 tracts and grants which are to be performed in two fiscal

8 years, so long as the total obligation is recorded in the year

9 for which the funds are appropriated: Provided further,

10 That the amounts collected by the Secretary of Health and

11 Human Services under the authority of title IV of the In12 dian Health Care Improvement Act shall remain available

13 until expended for the purpose of achieving compliance with

14 the applicable conditions and requirements of titles XVIII

15 and XIX of the Social Security Act (exclusive of planning,

16 design, or construction of new facilities): Provided further,

17 That funding contained herein, and in any earlier appro18 priations Acts for scholarship programs under the Indian

19 Health Care Improvement Act (25 U.S.C. 1613) shall re20 main available until expended: Provided further, That

21 amounts received by tribes and tribal organizations under

22 title IV of the Indian Health Care Improvement Act shall

23 be reported and accounted for and available to the receiving

24 tribes and tribal organizations until expended: Provided

25 further, That, notwithstanding any other provision of law,
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1 of the amounts provided herein, not to exceed $268,974,000

2 shall be for payments to tribes and tribal organizations for

3 contract or grant support costs associated with contracts,

4 grants, self-governance compacts or annual funding agree5 ments between the Indian Health Service and a tribe or

6 tribal organization pursuant to the Indian Self-Determina7 tion Act of 1975, as amended, prior to or during fiscal year

8 2004, of which not to exceed $2,500,000 may be used for

9 contract support costs associated with new or expanded self10 determination contracts, grants, self-governance compacts

11 or annual funding agreements: Provided further, That

12 funds available for the Indian Health Care Improvement

13 Fund may be used, as needed, to carry out activities typi14 cally funded under the Indian Health Facilities account:

15 Provided further, That of the amounts provided to the In16 dian Health Service, $15,000,000 is provided for alcohol

17 control, enforcement, prevention, treatment, sobriety and

18 wellness, and education in Alaska to be distributed as direct

19 lump sum payments as follows: (a) $2,000,000 to the State

20 of Alaska for regional distribution to hire and equip addi21 tional Village Public Safety Officers to engage primarily

22 in bootlegging prevention and enforcement activities; (b)

23 $10,000,000 to the Alaska Native Tribal Health Consor24 tium, which shall be allocated for (1) substance abuse treat25 ment including residential treatment, (2) substance abuse
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1 and behavioral health counselors through the Counselor in

2 Every Village program, and (3) comprehensive substance

3 abuse training programs for counselors and others deliv4 ering substance abuse services; (c) $1,000,000 to the State

5 of Alaska for a school peer counseling and education pro6 gram; and (d) $2,000,000 for the Alaska Federation of Na7 tives sobriety and wellness program for competitive merit8 based grants: Provided further, That none of the funds may

9 be used for tribal courts or tribal ordinance programs or

10 any program that is not directly related to alcohol control,

11 enforcement, prevention, treatment, or sobriety: Provided

12 further, That no more than 10 percent may be used by any

13 entity receiving funding for administrative overhead in14 cluding indirect costs: Provided further, That the State of

15 Alaska, Alaska Native non-profit corporations, and the

16 Alaska Native Tribal Health Consortium must each main17 tain its existing level of effort and must use these funds

18 to enhance or expand existing efforts or initiate new

19 projects or programs and may not use such funds to sup20 plant existing programs.

21 INDIAN HEALTH FACILITIES

22 For construction, repair, maintenance, improvement,

23 and equipment of health and related auxiliary facilities, in24 cluding quarters for personnel; preparation of plans, speci25 fications, and drawings; acquisition of sites, purchase and
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1 erection of modular buildings, and purchases of trailers;

2 and for provision of domestic and community sanitation

3 facilities for Indians, as authorized by section 7 of the Act

4 of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter5 mination Act, and the Indian Health Care Improvement

6 Act, and for expenses necessary to carry out such Acts and

7 titles II and III of the Public Health Service Act with re8 spect to environmental health and facilities support activi9 ties of the Indian Health Service, $391,188,000, to remain

10 available until expended: Provided, That notwithstanding

11 any other provision of law, funds appropriated for the plan12 ning, design, construction or renovation of health facilities

13 for the benefit of an Indian tribe or tribes may be used

14 to purchase land for sites to construct, improve, or enlarge

15 health or related facilities: Provided further, That from the

16 funds appropriated herein, $5,043,000 shall be designated

17 by the Indian Health Service as a contribution to the

18 Yukon-Kuskokwim Health Corporation (YKHC) to com19 plete a priority project for the acquisition of land, plan20 ning, design and construction of 79 staff quarters in the

21 Bethel service area, pursuant to the negotiated project

22 agreement between the YKHC and the Indian Health Serv23 ice: Provided further, That this project shall not be subject

24 to the construction provisions of the Indian Self-Determina25 tion and Education Assistance Act and shall be removed
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1 from the Indian Health Service priority list upon comple2 tion: Provided further, That the Federal Government shall

3 not be liable for any property damages or other construction

4 claims that may arise from YKHC undertaking this project:

5 Provided further, That the land shall be owned or leased

6 by the YKHC and title to quarters shall remain vested with

7 the YKHC: Provided further, That not to exceed $500,000

8 shall be used by the Indian Health Service to purchase

9 TRANSAM equipment from the Department of Defense for

10 distribution to the Indian Health Service and tribal facili11 ties: Provided further, That none of the funds appropriated

12 to the Indian Health Service may be used for sanitation

13 facilities construction for new homes funded with grants by

14 the housing programs of the United States Department of

15 Housing and Urban Development: Provided further, That

16 not to exceed $1,000,000 from this account and the ‘‘Indian

17 Health Services’’ account shall be used by the Indian Health

18 Service to obtain ambulances for the Indian Health Service

19 and tribal facilities in conjunction with an existing inter20 agency agreement between the Indian Health Service and

21 the General Services Administration: Provided further,

22 That not to exceed $500,000 shall be placed in a Demolition

23 Fund and remain available until expended, to be used by

24 the Indian Health Service for demolition of Federal build25 ings.
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1 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

2 Appropriations in this Act to the Indian Health Serv3 ice shall be available for services as authorized by 5 U.S.C.

4 3109 but at rates not to exceed the per diem rate equivalent

5 to the maximum rate payable for senior-level positions

6 under 5 U.S.C. 5376; hire of passenger motor vehicles and

7 aircraft; purchase of medical equipment; purchase of re8 prints; purchase, renovation and erection of modular build9 ings and renovation of existing facilities; payments for tele10 phone service in private residences in the field, when au11 thorized under regulations approved by the Secretary; and

12 for uniforms or allowances therefor as authorized by 5

13 U.S.C. 5901–5902; and for expenses of attendance at meet14 ings which are concerned with the functions or activities

15 for which the appropriation is made or which will con16 tribute to improved conduct, supervision, or management

17 of those functions or activities.

18 In accordance with the provisions of the Indian Health

19 Care Improvement Act, non-Indian patients may be ex20 tended health care at all tribally administered or Indian

21 Health Service facilities, subject to charges, and the pro22 ceeds along with funds recovered under the Federal Medical

23 Care Recovery Act (42 U.S.C. 2651–2653) shall be credited

24 to the account of the facility providing the service and shall

25 be available without fiscal year limitation. Notwith-
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1 standing any other law or regulation, funds transferred

2 from the Department of Housing and Urban Development

3 to the Indian Health Service shall be administered under

4 Public Law 86–121 (the Indian Sanitation Facilities Act)

5 and Public Law 93–638, as amended.

6 Funds appropriated to the Indian Health Service in

7 this Act, except those used for administrative and program

8 direction purposes, shall not be subject to limitations di9 rected at curtailing Federal travel and transportation.

10 None of the funds made available to the Indian Health

11 Service in this Act shall be used for any Department of

12 Health and Human Services-wide consolidation, restruc13 turing, or realignment of functions or for any assessments

14 or charges associated with any such consolidation, restruc15 turing or realignment, except for purposes for which funds

16 are specifically provided in this Act.

17 Notwithstanding any other provision of law, funds

18 previously or herein made available to a tribe or tribal or19 ganization through a contract, grant, or agreement author20 ized by title I or title III of the Indian Self-Determination

21 and Education Assistance Act of 1975 (25 U.S.C. 450), may

22 be deobligated and reobligated to a self-determination con23 tract under title I, or a self-governance agreement under

24 title III of such Act and thereafter shall remain available
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1 to the tribe or tribal organization without fiscal year limi2 tation.

3 None of the funds made available to the Indian Health

4 Service in this Act shall be used to implement the final rule

5 published in the Federal Register on September 16, 1987,

6 by the Department of Health and Human Services, relating

7 to the eligibility for the health care services of the Indian

8 Health Service until the Indian Health Service has sub9 mitted a budget request reflecting the increased costs associ10 ated with the proposed final rule, and such request has been

11 included in an appropriations Act and enacted into law.

12 With respect to functions transferred by the Indian

13 Health Service to tribes or tribal organizations, the Indian

14 Health Service is authorized to provide goods and services

15 to those entities, on a reimbursable basis, including pay16 ment in advance with subsequent adjustment. The reim17 bursements received therefrom, along with the funds received

18 from those entities pursuant to the Indian Self-Determina19 tion Act, may be credited to the same or subsequent appro20 priation account which provided the funding. Such

21 amounts shall remain available until expended.

22 Reimbursements for training, technical assistance, or

23 services provided by the Indian Health Service will contain

24 total costs, including direct, administrative, and overhead
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1 associated with the provision of goods, services, or technical

2 assistance.

3 The appropriation structure for the Indian Health

4 Service may not be altered without the advance approval

5 of the House and Senate Committees on Appropriations.

6 OTHER RELATED AGENCIES

7 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Navajo and

10 Hopi Indian Relocation as authorized by Public Law 93–

11 531, $13,532,000, to remain available until expended: Pro12 vided, That funds provided in this or any other appropria13 tions Act are to be used to relocate eligible individuals and

14 groups including evictees from District 6, Hopi-partitioned

15 lands residents, those in significantly substandard housing,

16 and all others certified as eligible and not included in the

17 preceding categories: Provided further, That none of the

18 funds contained in this or any other Act may be used by

19 the Office of Navajo and Hopi Indian Relocation to evict

20 any single Navajo or Navajo family who, as of November

21 30, 1985, was physically domiciled on the lands partitioned

22 to the Hopi Tribe unless a new or replacement home is pro23 vided for such household: Provided further, That no

24 relocatee will be provided with more than one new or re25 placement home: Provided further, That the Office shall re-
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1 locate any certified eligible relocatees who have selected and

2 received an approved homesite on the Navajo reservation

3 or selected a replacement residence off the Navajo reserva4 tion or on the land acquired pursuant to 25 U.S.C. 640d–

5 10.

6 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

7 CULTURE AND ARTS DEVELOPMENT

8 PAYMENT TO THE INSTITUTE

9 For payment to the Institute of American Indian and

10 Alaska Native Culture and Arts Development, as authorized

11 by title XV of Public Law 99–498, as amended (20 U.S.C.

12 56 part A), $6,250,000, of which $1,000,000 shall remain

13 available until expended to assist with the Institute’s efforts

14 to develop a Continuing Education Lifelong Learning Cen15 ter.

16 SMITHSONIAN INSTITUTION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Smithsonian Institution,

19 as authorized by law, including research in the fields of art,

20 science, and history; development, preservation, and docu21 mentation of the National Collections; presentation of pub22 lic exhibits and performances; collection, preparation, dis23 semination, and exchange of information and publications;

24 conduct of education, training, and museum assistance pro25 grams; maintenance, alteration, operation, lease (for terms
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1 not to exceed 30 years), and protection of buildings, facili2 ties, and approaches; not to exceed $100,000 for services as

3 authorized by 5 U.S.C. 3109; up to five replacement pas4 senger vehicles; purchase, rental, repair, and cleaning of

5 uniforms for employees, $487,989,000, of which not to ex6 ceed $46,903,000 for the instrumentation program, collec7 tions acquisition, exhibition reinstallation, the National

8 Museum of the American Indian, and the repatriation of

9 skeletal remains program shall remain available until ex10 pended; and of which $828,000 for fellowships and scholarly

11 awards shall remain available until September 30, 2005;

12 and including such funds as may be necessary to support

13 American overseas research centers and a total of $125,000

14 for the Council of American Overseas Research Centers:

15 Provided, That funds appropriated herein are available for

16 advance payments to independent contractors performing

17 research services or participating in official Smithsonian

18 presentations: Provided further, That the Smithsonian In19 stitution may expend Federal appropriations designated in

20 this Act for lease or rent payments for long term and swing

21 space, as rent payable to the Smithsonian Institution, and

22 such rent payments may be deposited into the general trust

23 funds of the Institution to the extent that federally sup24 ported activities are housed in the 900 H Street, N.W.

25 building in the District of Columbia: Provided further, That
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1 this use of Federal appropriations shall not be construed

2 as debt service, a Federal guarantee of, a transfer of risk

3 to, or an obligation of, the Federal Government: Provided

4 further, That no appropriated funds may be used to service

5 debt which is incurred to finance the costs of acquiring the

6 900 H Street building or of planning, designing, and con7 structing improvements to such building.

8 FACILITIES CAPITAL

9 For necessary expenses of maintenance, repair, revital10 ization, and alteration of facilities owned or occupied by

11 the Smithsonian Institution, by contract or otherwise, as

12 authorized by section 2 of the Act of August 22, 1949 (63

13 Stat. 623), and for construction, including necessary per14 sonnel, $89,970,000, to remain available until expended, of

15 which not to exceed $10,000 is for services as authorized

16 by 5 U.S.C. 3109: Provided, That contracts awarded for

17 environmental systems, protection systems, and repair or

18 restoration of facilities of the Smithsonian Institution may

19 be negotiated with selected contractors and awarded on the

20 basis of contractor qualifications as well as price: Provided

21 further, That balances from amounts previously appro22 priated under the headings ‘‘Repair, Restoration and Alter23 ation of Facilities’’ and ‘‘Construction’’ shall be transferred

24 to and merged with this appropriation and shall remain

25 available until expended.
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1 ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

2 None of the funds in this or any other Act may be

3 used to make any changes to the existing Smithsonian

4 science programs including closure of facilities, relocation

5 of staff or redirection of functions and programs without

6 approval from the Board of Regents of recommendations re7 ceived from the Science Commission.

8 None of the funds in this or any other Act may be

9 used to initiate the design for any proposed expansion of

10 current space or new facility without consultation with the

11 House and Senate Appropriations Committees.

12 None of the funds in this or any other Act may be

13 used for the Holt House located at the National Zoological

14 Park in Washington, D.C., unless identified as repairs to

15 minimize water damage, monitor structure movement, or

16 provide interim structural support.

17 None of the funds available to the Smithsonian may

18 be reprogrammed without the advance written approval of

19 the House and Senate Committees on Appropriations in ac20 cordance with the procedures contained in House Report

21 No. 105–163.

22 NATIONAL GALLERY OF ART

23 SALARIES AND EXPENSES

24 For the upkeep and operations of the National Gallery

25 of Art, the protection and care of the works of art therein,
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1 and administrative expenses incident thereto, as authorized

2 by the Act of March 24, 1937 (50 Stat. 51), as amended

3 by the public resolution of April 13, 1939 (Public Resolu4 tion 9, Seventy-sixth Congress), including services as au5 thorized by 5 U.S.C. 3109; payment in advance when au6 thorized by the treasurer of the Gallery for membership in

7 library, museum, and art associations or societies whose

8 publications or services are available to members only, or

9 to members at a price lower than to the general public; pur10 chase, repair, and cleaning of uniforms for guards, and uni11 forms, or allowances therefor, for other employees as author12 ized by law (5 U.S.C. 5901–5902); purchase or rental of

13 devices and services for protecting buildings and contents

14 thereof, and maintenance, alteration, improvement, and re15 pair of buildings, approaches, and grounds; and purchase

16 of services for restoration and repair of works of art for

17 the National Gallery of Art by contracts made, without ad18 vertising, with individuals, firms, or organizations at such

19 rates or prices and under such terms and conditions as the

20 Gallery may deem proper, $85,650,000, of which not to ex21 ceed $3,026,000 for the special exhibition program shall re22 main available until expended.

23 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

24 For necessary expenses of repair, restoration and ren25 ovation of buildings, grounds and facilities owned or occu-
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1 pied by the National Gallery of Art, by contract or other2 wise, as authorized, $11,600,000, to remain available until

3 expended: Provided, That contracts awarded for environ4 mental systems, protection systems, and exterior repair or

5 renovation of buildings of the National Gallery of Art may

6 be negotiated with selected contractors and awarded on the

7 basis of contractor qualifications as well as price.

8 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

9 OPERATIONS AND MAINTENANCE

10 For necessary expenses for the operation, maintenance

11 and security of the John F. Kennedy Center for the Per12 forming Arts, $16,560,000.

13 CONSTRUCTION

14 For necessary expenses for capital repair and restora15 tion of the existing features of the building and site of the

16 John F. Kennedy Center for the Performing Arts,

17 $16,000,000, to remain available until expended.

18 WOODROW WILSON INTERNATIONAL CENTER FOR

19 SCHOLARS

20 SALARIES AND EXPENSES

21 For expenses necessary in carrying out the provisions

22 of the Woodrow Wilson Memorial Act of 1968 (82 Stat.

23 1356) including hire of passenger vehicles and services as

24 authorized by 5 U.S.C. 3109, $8,604,000.
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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National Foun6 dation on the Arts and the Humanities Act of 1965, as

7 amended, $117,480,000, shall be available to the National

8 Endowment for the Arts for the support of projects and pro9 ductions in the arts through assistance to organizations and

10 individuals pursuant to sections 5(c) and 5(g) of the Act,

11 including $17,000,000 for support of arts education and

12 public outreach activities through the Challenge America

13 program, for program support, and for administering the

14 functions of the Act, to remain available until expended:

15 Provided, That funds previously appropriated to the Na16 tional Endowment for the Arts ‘‘Matching Grants’’ account

17 and ‘‘Challenge America’’ account may be transferred to

18 and merged with this account.

19 NATIONAL ENDOWMENT FOR THE HUMANITIES

20 GRANTS AND ADMINISTRATION

21 For necessary expenses to carry out the National Foun22 dation on the Arts and the Humanities Act of 1965, as

23 amended, $125,878,000, shall be available to the National

24 Endowment for the Humanities for support of activities in

25 the humanities, pursuant to section 7(c) of the Act, and for
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1 administering the functions of the Act, to remain available

2 until expended.

3 MATCHING GRANTS

4 To carry out the provisions of section 10(a)(2) of the

5 National Foundation on the Arts and the Humanities Act

6 of 1965, as amended, $16,122,000, to remain available until

7 expended, of which $10,436,000 shall be available to the Na8 tional Endowment for the Humanities for the purposes of

9 section 7(h): Provided, That this appropriation shall be

10 available for obligation only in such amounts as may be

11 equal to the total amounts of gifts, bequests, and devises of

12 money, and other property accepted by the chairman or by

13 grantees of the Endowment under the provisions of sub14 sections 11(a)(2)(B) and 11(a)(3)(B) during the current

15 and preceding fiscal years for which equal amounts have

16 not previously been appropriated.

17 ADMINISTRATIVE PROVISIONS

18 None of the funds appropriated to the National Foun19 dation on the Arts and the Humanities may be used to

20 process any grant or contract documents which do not in21 clude the text of 18 U.S.C. 1913: Provided, That none of

22 the funds appropriated to the National Foundation on the

23 Arts and the Humanities may be used for official reception

24 and representation expenses: Provided further, That funds

25 from nonappropriated sources may be used as necessary for
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1 official reception and representation expenses: Provided fur2 ther, That the Chairperson of the National Endowment for

3 the Arts may approve grants up to $10,000, if in the aggre4 gate this amount does not exceed 5 percent of the sums ap5 propriated for grant-making purposes per year: Provided

6 further, That such small grant actions are taken pursuant

7 to the terms of an expressed and direct delegation of author8 ity from the National Council on the Arts to the Chair9 person.

10 COMMISSION OF FINE ARTS

11 SALARIES AND EXPENSES

12 For expenses made necessary by the Act establishing

13 a Commission of Fine Arts (40 U.S.C. 104), $1,422,000:

14 Provided, That the Commission is authorized to charge fees

15 to cover the full costs of its publications, and such fees shall

16 be credited to this account as an offsetting collection, to re17 main available until expended without further appropria18 tion.

19 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

20 For necessary expenses as authorized by Public Law

21 99–190 (20 U.S.C. 956(a)), as amended, $6,000,000.

22 ADVISORY COUNCIL ON HISTORIC PRESERVATION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Advisory Council on His25 toric Preservation (Public Law 89–665, as amended),
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1 $4,000,000: Provided, That none of these funds shall be

2 available for compensation of level V of the Executive Sched3 ule or higher positions.

4 NATIONAL CAPITAL PLANNING COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses, as authorized by the National

7 Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ8 ing services as authorized by 5 U.S.C. 3109, $8,030,000:

9 Provided, That for fiscal year 2004 and thereafter, all ap10 pointed members of the Commission will be compensated

11 at a rate not to exceed the daily equivalent of the annual

12 rate of pay for positions at level IV of the Executive Sched13 ule for each day such member is engaged in the actual per14 formance of duties.

15 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

16 HOLOCAUST MEMORIAL MUSEUM

17 For expenses of the Holocaust Memorial Museum, as

18 authorized by Public Law 106–292 (36 U.S.C. 2301–2310),

19 $39,997,000, of which $1,900,000 for the museum’s repair

20 and rehabilitation program and $1,264,000 for the muse21 um’s exhibitions program shall remain available until ex22 pended.
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1 PRESIDIO TRUST

2 PRESIDIO TRUST FUND

3 For necessary expenses to carry out title I of the Omni4 bus Parks and Public Lands Management Act of 1996,

5 $20,700,000 shall be available to the Presidio Trust, to re6 main available until expended.

7 TITLE III—GENERAL PROVISIONS

8 SEC. 301. The expenditure of any appropriation under

9 this Act for any consulting service through procurement

10 contract, pursuant to 5 U.S.C. 3109, shall be limited to

11 those contracts where such expenditures are a matter of pub12 lic record and available for public inspection, except where

13 otherwise provided under existing law, or under existing

14 Executive Order issued pursuant to existing law.

15 SEC. 302. No part of any appropriation contained in

16 this Act shall be available for any activity or the publica17 tion or distribution of literature that in any way tends to

18 promote public support or opposition to any legislative pro19 posal on which congressional action is not complete.

20 SEC. 303. No part of any appropriation contained in

21 this Act shall remain available for obligation beyond the

22 current fiscal year unless expressly so provided herein.

23 SEC. 304. None of the funds provided in this Act to

24 any department or agency shall be obligated or expended

25 to provide a personal cook, chauffeur, or other personal serv-
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1 ants to any officer or employee of such department or agen2 cy except as otherwise provided by law.

3 SEC. 305. No assessments may be levied against any

4 program, budget activity, subactivity, or project funded by

5 this Act unless notice of such assessments and the basis

6 therefor are presented to the Committees on Appropriations

7 and are approved by such committees.

8 SEC. 306. None of the funds in this Act may be used

9 to plan, prepare, or offer for sale timber from trees classified

10 as giant sequoia (Sequoiadendron giganteum) which are lo11 cated on National Forest System or Bureau of Land Man12 agement lands in a manner different than such sales were

13 conducted in fiscal year 2003.

14 SEC. 307. (a) LIMITATION OF FUNDS.—None of the

15 funds appropriated or otherwise made available pursuant

16 to this Act shall be obligated or expended to accept or proc17 ess applications for a patent for any mining or mill site

18 claim located under the general mining laws.

19 (b) EXCEPTIONS.—The provisions of subsection (a)

20 shall not apply if the Secretary of the Interior determines

21 that, for the claim concerned: (1) a patent application was

22 filed with the Secretary on or before September 30, 1994;

23 and (2) all requirements established under sections 2325

24 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)

25 for vein or lode claims and sections 2329, 2330, 2331, and
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1 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37)

2 for placer claims, and section 2337 of the Revised Statutes

3 (30 U.S.C. 42) for mill site claims, as the case may be,

4 were fully complied with by the applicant by that date.

5 (c) REPORT.—On September 30, 2004, the Secretary

6 of the Interior shall file with the House and Senate Com7 mittees on Appropriations and the Committee on Resources

8 of the House of Representatives and the Committee on En9 ergy and Natural Resources of the Senate a report on ac10 tions taken by the Department under the plan submitted

11 pursuant to section 314(c) of the Department of the Interior

12 and Related Agencies Appropriations Act, 1997 (Public

13 Law 104–208).

14 (d) MINERAL EXAMINATIONS.—In order to process

15 patent applications in a timely and responsible manner,

16 upon the request of a patent applicant, the Secretary of the

17 Interior shall allow the applicant to fund a qualified third18 party contractor to be selected by the Bureau of Land Man19 agement to conduct a mineral examination of the mining

20 claims or mill sites contained in a patent application as

21 set forth in subsection (b). The Bureau of Land Manage22 ment shall have the sole responsibility to choose and pay

23 the third-party contractor in accordance with the standard

24 procedures employed by the Bureau of Land Management

25 in the retention of third-party contractors.
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1 SEC. 308. Notwithstanding any other provision of law,

2 amounts appropriated to or earmarked in committee re3 ports for the Bureau of Indian Affairs and the Indian

4 Health Service by Public Laws 103–138, 103–332, 104–

5 134, 104–208, 105–83, 105–277, 106–113, 106–291, and

6 107–63, for payments to tribes and tribal organizations for

7 contract support costs associated with self-determination or

8 self-governance contracts, grants, compacts, or annual fund9 ing agreements with the Bureau of Indian Affairs or the

10 Indian Health Service as funded by such Acts, are the total

11 amounts available for fiscal years 1994 through 2003 for

12 such purposes, except that, for the Bureau of Indian Affairs,

13 tribes and tribal organizations may use their tribal priority

14 allocations for unmet indirect costs of ongoing contracts,

15 grants, self-governance compacts or annual funding agree16 ments.

17 SEC. 309. Of the funds provided to the National En18 dowment for the Arts—

19 (1) The Chairperson shall only award a grant to

20 an individual if such grant is awarded to such indi21 vidual for a literature fellowship, National Heritage

22 Fellowship, or American Jazz Masters Fellowship.

23 (2) The Chairperson shall establish procedures to

24 ensure that no funding provided through a grant, ex25 cept a grant made to a State or local arts agency, or
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1 regional group, may be used to make a grant to any

2 other organization or individual to conduct activity

3 independent of the direct grant recipient. Nothing in

4 this subsection shall prohibit payments made in ex5 change for goods and services.

6 (3) No grant shall be used for seasonal support

7 to a group, unless the application is specific to the

8 contents of the season, including identified programs

9 and/or projects.

10 SEC. 310. The National Endowment for the Arts and

11 the National Endowment for the Humanities are authorized

12 to solicit, accept, receive, and invest in the name of the

13 United States, gifts, bequests, or devises of money and other

14 property or services and to use such in furtherance of the

15 functions of the National Endowment for the Arts and the

16 National Endowment for the Humanities. Any proceeds

17 from such gifts, bequests, or devises, after acceptance by the

18 National Endowment for the Arts or the National Endow19 ment for the Humanities, shall be paid by the donor or the

20 representative of the donor to the Chairman. The Chairman

21 shall enter the proceeds in a special interest-bearing account

22 to the credit of the appropriate endowment for the purposes

23 specified in each case.

24 SEC. 311. (a) In providing services or awarding finan25 cial assistance under the National Foundation on the Arts
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1 and the Humanities Act of 1965 from funds appropriated

2 under this Act, the Chairperson of the National Endowment

3 for the Arts shall ensure that priority is given to providing

4 services or awarding financial assistance for projects, pro5 ductions, workshops, or programs that serve underserved

6 populations.

7 (b) In this section:

8 (1) The term ‘‘underserved population’’ means a

9 population of individuals, including urban minori10 ties, who have historically been outside the purview of

11 arts and humanities programs due to factors such as

12 a high incidence of income below the poverty line or

13 to geographic isolation.

14 (2) The term ‘‘poverty line’’ means the poverty

15 line (as defined by the Office of Management and

16 Budget, and revised annually in accordance with sec17 tion 673(2) of the Community Services Block Grant

18 Act (42 U.S.C. 9902(2)) (applicable to a family of the

19 size involved.

20 (c) In providing services and awarding financial as21 sistance under the National Foundation on the Arts and

22 Humanities Act of 1965 with funds appropriated by this

23 Act, the Chairperson of the National Endowment for the

24 Arts shall ensure that priority is given to providing services

25 or awarding financial assistance for projects, productions,
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1 workshops, or programs that will encourage public knowl2 edge, education, understanding, and appreciation of the

3 arts.

4 (d) With funds appropriated by this Act to carry out

5 section 5 of the National Foundation on the Arts and Hu6 manities Act of 1965—

7 (1) the Chairperson shall establish a grant cat8 egory for projects, productions, workshops, or pro9 grams that are of national impact or availability or

10 are able to tour several States;

11 (2) the Chairperson shall not make grants ex12 ceeding 15 percent, in the aggregate, of such funds to

13 any single State, excluding grants made under the

14 authority of paragraph (1);

15 (3) the Chairperson shall report to the Congress

16 annually and by State, on grants awarded by the

17 Chairperson in each grant category under section 5 of

18 such Act; and

19 (4) the Chairperson shall encourage the use of

20 grants to improve and support community-based

21 music performance and education.

22 SEC. 312. No part of any appropriation contained in

23 this Act shall be expended or obligated to complete and issue

24 the 5-year program under the Forest and Rangeland Re25 newable Resources Planning Act.
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1 SEC. 313. None of the funds in this Act may be used

2 to support Government-wide administrative functions un3 less such functions are justified in the budget process and

4 funding is approved by the House and Senate Committees

5 on Appropriations.

6 SEC. 314. Notwithstanding any other provision of law,

7 none of the funds in this Act may be used for GSA Tele8 communication Centers.

9 SEC. 315. Notwithstanding any other provision of law,

10 for fiscal year 2004 the Secretaries of Agriculture and the

11 Interior are authorized to limit competition for watershed

12 restoration project contracts as part of the ‘‘Jobs in the

13 Woods’’ Program established in Region 10 of the Forest

14 Service to individuals and entities in historically timber15 dependent areas in the States of Washington, Oregon, north16 ern California, Idaho, Montana, and Alaska that have been

17 affected by reduced timber harvesting on Federal lands. The

18 Secretaries shall consider the benefits to the local economy

19 in evaluating bids and designing procurements which create

20 economic opportunities for local contractors.

21 SEC. 316. Amounts deposited during fiscal year 2003

22 in the roads and trails fund provided for in the 14th para23 graph under the heading ‘‘FOREST SERVICE’’ of the Act

24 of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall be

25 used by the Secretary of Agriculture, without regard to the
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1 State in which the amounts were derived, to repair or re2 construct roads, bridges, and trails on National Forest Sys3 tem lands or to carry out and administer projects to im4 prove forest health conditions, which may include the repair

5 or reconstruction of roads, bridges, and trails on National

6 Forest System lands in the wildland-community interface

7 where there is an abnormally high risk of fire. The projects

8 shall emphasize reducing risks to human safety and public

9 health and property and enhancing ecological functions,

10 long-term forest productivity, and biological integrity. The

11 projects may be completed in a subsequent fiscal year.

12 Funds shall not be expended under this section to replace

13 funds which would otherwise appropriately be expended

14 from the timber salvage sale fund. Nothing in this section

15 shall be construed to exempt any project from any environ16 mental law.

17 SEC. 317. Other than in emergency situations, none

18 of the funds in this Act may be used to operate telephone

19 answering machines during core business hours unless such

20 answering machines include an option that enables callers

21 to reach promptly an individual on-duty with the agency

22 being contacted.

23 SEC. 318. No timber sale in Region 10 shall be adver24 tised if the indicated rate is deficit when appraised using

25 a residual value approach that assigns domestic Alaska val-
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1 ues for western redcedar. Program accomplishments shall

2 be based on volume sold. Should Region 10 sell, in fiscal

3 year 2003, the annual average portion of the decadal allow4 able sale quantity called for in the current Tongass Land

5 Management Plan in sales which are not deficit when ap6 praised using a residual value approach that assigns do7 mestic Alaska values for western redcedar, all of the western

8 redcedar timber from those sales which is surplus to the

9 needs of domestic processors in Alaska, shall be made avail10 able to domestic processors in the contiguous 48 United

11 States at prevailing domestic prices. Should Region 10 sell,

12 in fiscal year 2003, less than the annual average portion

13 of the decadal allowable sale quantity called for in the

14 Tongass Land Management Plan in sales which are not def15 icit when appraised using a residual value approach that

16 assigns domestic Alaska values for western redcedar, the vol17 ume of western redcedar timber available to domestic proc18 essors at prevailing domestic prices in the contiguous 48

19 United States shall be that volume: (i) which is surplus to

20 the needs of domestic processors in Alaska, and (ii) is that

21 percent of the surplus western redcedar volume determined

22 by calculating the ratio of the total timber volume which

23 has been sold on the Tongass to the annual average portion

24 of the decadal allowable sale quantity called for in the cur25 rent Tongass Land Management Plan. The percentage shall
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1 be calculated by Region 10 on a rolling basis as each sale

2 is sold (for purposes of this amendment, a ‘‘rolling basis’’

3 shall mean that the determination of how much western

4 redcedar is eligible for sale to various markets shall be made

5 at the time each sale is awarded). Western redcedar shall

6 be deemed ‘‘surplus to the needs of domestic processors in

7 Alaska’’ when the timber sale holder has presented to the

8 Forest Service documentation of the inability to sell western

9 redcedar logs from a given sale to domestic Alaska proc10 essors at a price equal to or greater than the log selling

11 value stated in the contract. All additional western redcedar

12 volume not sold to Alaska or contiguous 48 United States

13 domestic processors may be exported to foreign markets at

14 the election of the timber sale holder. All Alaska yellow

15 cedar may be sold at prevailing export prices at the election

16 of the timber sale holder.

17 SEC. 319. A project undertaken by the Forest Service

18 under the Recreation Fee Demonstration Program as au19 thorized by section 315 of the Department of the Interior

20 and Related Agencies Appropriations Act for Fiscal Year

21 1996, as amended, shall not result in—

22 (1) displacement of the holder of an authoriza23 tion to provide commercial recreation services on Fed24 eral lands. Prior to initiating any project, the Sec25 retary shall consult with potentially affected holders
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1 to determine what impacts the project may have on

2 the holders. Any modifications to the authorization

3 shall be made within the terms and conditions of the

4 authorization and authorities of the impacted agency;

5 (2) the return of a commercial recreation service

6 to the Secretary for operation when such services have

7 been provided in the past by a private sector pro8 vider, except when—

9 (A) the private sector provider fails to bid

10 on such opportunities;

11 (B) the private sector provider terminates

12 its relationship with the agency; or

13 (C) the agency revokes the permit for non14 compliance with the terms and conditions of the

15 authorization.

16 In such cases, the agency may use the Recreation Fee Dem17 onstration Program to provide for operations until a subse18 quent operator can be found through the offering of a new

19 prospectus.

20 SEC. 320. Prior to October 1, 2004, the Secretary of

21 Agriculture shall not be considered to be in violation of sub22 paragraph 6(f)(5)(A) of the Forest and Rangeland Renew23 able Resources Planning Act of 1974 (16 U.S.C.

24 1604(f)(5)(A)) solely because more than 15 years have

25 passed without revision of the plan for a unit of the Na-
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1 tional Forest System. Nothing in this section exempts the

2 Secretary from any other requirement of the Forest and

3 Rangeland Renewable Resources Planning Act (16 U.S.C.

4 1600 et seq.) or any other law: Provided, That if the Sec5 retary is not acting expeditiously and in good faith, within

6 the funding available, to revise a plan for a unit of the

7 National Forest System, this section shall be void with re8 spect to such plan and a court of proper jurisdiction may

9 order completion of the plan on an accelerated basis.

10 SEC. 321. No funds provided in this Act may be ex11 pended to conduct preleasing, leasing and related activities

12 under either the Mineral Leasing Act (30 U.S.C. 181 et seq.)

13 or the Outer Continental Shelf Lands Act (43 U.S.C. 1331

14 et seq.) within the boundaries of a National Monument es15 tablished pursuant to the Act of June 8, 1906 (16 U.S.C.

16 431 et seq.) as such boundary existed on January 20, 2001,

17 except where such activities are allowed under the Presi18 dential proclamation establishing such monument.

19 SEC. 322. Employees of the foundations established by

20 Acts of Congress to solicit private sector funds on behalf

21 of Federal land management agencies shall, in fiscal year

22 2005, qualify for General Service Administration contract

23 airfares.

24 SEC. 323. In entering into agreements with foreign

25 countries pursuant to the Wildfire Suppression Assistance
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1 Act (42 U.S.C. 1856m) the Secretary of Agriculture and

2 the Secretary of the Interior are authorized to enter into

3 reciprocal agreements in which the individuals furnished

4 under said agreements to provide wildfire services are con5 sidered, for purposes of tort liability, employees of the coun6 try receiving said services when the individuals are engaged

7 in fire suppression: Provided, That the Secretary of Agri8 culture or the Secretary of the Interior shall not enter into

9 any agreement under this provision unless the foreign coun10 try (either directly or through its fire organization) agrees

11 to assume any and all liability for the acts or omissions

12 of American firefighters engaged in firefighting in a foreign

13 country: Provided further, That when an agreement is

14 reached for furnishing fire fighting services, the only rem15 edies for acts or omissions committed while fighting fires

16 shall be those provided under the laws of the host country,

17 and those remedies shall be the exclusive remedies for any

18 claim arising out of fighting fires in a foreign country: Pro19 vided further, That neither the sending country nor any

20 legal organization associated with the firefighter shall be

21 subject to any legal action whatsoever pertaining to or aris22 ing out of the firefighter’s role in fire suppression.

23 SEC. 324. A grazing permit or lease issued by the Sec24 retary of the Interior or a grazing permit issued by the Sec25 retary of Agriculture where National Forest System lands
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1 are involved that expires, is transferred, or waived during

2 fiscal years 2004–2008 shall be renewed under section 402

3 of the Federal Land Policy and Management Act of 1976,

4 as amended (43 U.S.C. 1752), section 19 of the Granger5 Thye Act, as amended (16 U.S.C. 5801), title III of the

6 Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.),

7 or, if applicable, section 510 of the California Desert Protec8 tion Act (16 U.S.C. 410aaa–50). The terms and conditions

9 contained in the expired, transferred, or waived permit or

10 lease shall continue in effect under the renewed permit or

11 lease until such time as the Secretary of the Interior or Sec12 retary of Agriculture as appropriate completes processing

13 of such permit or lease in compliance with all applicable

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

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

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

17 regulations. Nothing in this section shall be deemed to alter

18 the statutory authority of the Secretary of the Interior or

19 the Secretary of Agriculture: Provided, That where National

20 Forest System lands are involved and the Secretary of Agri21 culture has renewed an expired or waived grazing permit

22 prior to or during fiscal year 2004, the terms and condi23 tions of the renewed grazing permit shall remain in effect

24 until such time as the Secretary of Agriculture completes

25 processing of the renewed permit in compliance with all ap-
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1 plicable laws and regulations or until the expiration of the

2 renewed permit, whichever comes first. Upon completion of

3 the processing, the permit may be canceled, suspended or

4 modified, in whole or in part, to meet the requirements of

5 applicable laws and regulations: Provided further, That be6 ginning in November 2004, and every year thereafter, the

7 Secretaries of the Interior and Agriculture shall report to

8 Congress the extent to which they are completing analysis

9 required under applicable laws prior to the expiration of

10 grazing permits, and beginning in May 2004, and two

11 years thereafter, the Secretaries shall provide Congress rec12 ommendations for legislative provisions necessary to ensure

13 all permit renewals are completed in a timely manner. The

14 legislative recommendations provided shall be consistent

15 with the funding levels requested in the Secretaries’ budget

16 proposals: Provided further, That notwithstanding section

17 504 of the Rescissions Act (109 Stat. 212), the Secretaries

18 in their sole discretion determine the priority and timing

19 for completing required environmental analysis of grazing

20 allotments based on the environmental significance of the

21 allotments and funding available to the Secretaries for this

22 purpose.

23 SEC. 325. Notwithstanding any other provision of law

24 or regulation, to promote the more efficient use of the health

25 care funding allocation for fiscal year 2004, the Eagle Butte
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1 Service Unit of the Indian Health Service, at the request

2 of the Cheyenne River Sioux Tribe, may pay base salary

3 rates to health professionals up to the highest grade and

4 step available to a physician, pharmacist, or other health

5 professional and may pay a recruitment or retention bonus

6 of up to 25 percent above the base pay rate.

7 SEC. 326. None of the funds made available in this

8 Act may be transferred to any department, agency, or in9 strumentality of the United States Government except pur10 suant to a transfer made by, or transfer authority provided

11 in, this Act or any other appropriations Act.

12 SEC. 327. None of the funds made available in this

13 Act may be used for the planning, design, or construction

14 of improvements to Pennsylvania Avenue in front of the

15 White House without the advance approval of the Commit16 tees on Appropriations.

17 SEC. 328. In awarding a Federal Contract with funds

18 made available by this Act, the Secretary of Agriculture and

19 the Secretary of the Interior (the ‘‘Secretaries’’) may, in

20 evaluating bids and proposals, give consideration to local

21 contractors who are from, and who provide employment

22 and training for, dislocated and displaced workers in an

23 economically disadvantaged rural community, including

24 those historically timber-dependent areas that have been af25 fected by reduced timber harvesting on Federal lands and
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1 other forest-dependent rural communities isolated from sig2 nificant alternative employment opportunities: Provided,

3 That the Secretaries may award grants or cooperative

4 agreements to local non-profit entities, Youth Conservation

5 Corps or related partnerships with State, local or non-profit

6 youth groups, or small or disadvantaged business: Provided

7 further, That the contract, grant, or cooperative agreement

8 is for forest hazardous fuels reduction, watershed or water

9 quality monitoring or restoration, wildlife or fish popu10 lation monitoring, or habitat restoration or management:

11 Provided further, That the terms ‘‘rural community’’ and

12 ‘‘economically disadvantaged’’ shall have the same mean13 ings as in section 2374 of Public Law 101–624: Provided

14 further, That the Secretaries shall develop guidance to im15 plement this section: Provided further, That nothing in this

16 section shall be construed as relieving the Secretaries of any

17 duty under applicable procurement laws, except as provided

18 in this section.

19 SEC. 329. LOCAL EXEMPTIONS FROM FOREST SERV20 ICE DEMONSTRATION PROGRAM FEES. Section 6906 of Title

21 31, United States Code, is amended—

22 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

23 ‘‘Necessary’’; and

24 (2) by adding at the end the following:
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1 ‘‘(b) LOCAL EXEMPTIONS FROM DEMONSTRATION

2 PROGRAM FEES.—

3 ‘‘(1) IN GENERAL.—Each unit of general local

4 government that lies in whole or in part within the

5 White Mountain National Forest and persons residing

6 within the boundaries of that unit of general local

7 government shall be exempt during that fiscal year

8 from any requirement to pay a Demonstration Pro9 gram Fee (parking permit or passport) imposed by

10 the Secretary of Agriculture for access to the Forest.

11 ‘‘(2) ADMINISTRATION.—The Secretary of Agri12 culture shall establish a method of identifying persons

13 who are exempt from paying user fees under para14 graph (1). This method may include valid form of

15 identification including a drivers license.’’.

16 SEC. 330. IMPLEMENTATION OF GALLATIN LAND CON17 SOLIDATION ACT OF 1998. (a) DEFINITIONS.—For purposes

18 of this section:

19 (1) ‘‘Gallatin Land Consolidation Act of 1998’’

20 means Public Law 105–267 (112 Stat. 2371).

21 (2) ‘‘Option Agreement’’ has the same meaning

22 as defined in section 3(6) of the Gallatin Land Con23 solidation Act of 1998.

24 (3) ‘‘Secretary’’ means the Secretary of Agri25 culture.
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1 (4) ‘‘Excess receipts’’ means National Forest

2 Fund receipts from the National Forests in Montana,

3 which are identified and adjusted by the Forest Serv4 ice within the fiscal year, and which are in excess of

5 funds retained for: the Salvage Sale Fund; the

6 Knutson-Vandenberg Fund; the Purchaser Road/Spec7 ified Road Credits; the Twenty-Five Percent Fund, as

8 amended; the Ten Percent Road and Trail Fund; the

9 Timber Sale Pipeline Restoration Fund; the Fifty

10 Percent Grazing Class A Receipts Fund; and the

11 Land and Water Conservation Fund Recreation User

12 Fees Receipts—Class A Fund.

13 (5) ‘‘Special Account’’ means the special account

14 referenced in section 4(c)(2) of the Gallatin Land

15 Consolidation Act of 1998.

16 (6) ‘‘Eastside National Forests’’ has the same

17 meaning as in section 3(4) of the Gallatin Land Con18 solidation Act of 1998.

19 (b) SPECIAL ACCOUNT.—

20 (1) The Secretary is authorized and directed,

21 without further appropriation or reprogramming of

22 funds, to transfer to the Special Account these enu23 merated funds and receipts in the following order:

24 (A) timber sale receipts from the Gallatin

25 National Forest and other Eastside National
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1 Forests, as such receipts are referenced in section

2 4(a)(2)(C) of the Gallatin Land Consolidation

3 Act of 1998;

4 (B) any available funds heretofore appro5 priated for the acquisition of lands for National

6 Forest purposes in the State of Montana through

7 fiscal year 2003;

8 (C) net receipts from the conveyance of

9 lands on the Gallatin National Forest as author10 ized by subsection (c); and,

11 (D) excess receipts for fiscal years 2003

12 through 2008.

13 (2) All funds in the Special Account shall be

14 available to the Secretary until expended, without

15 further appropriation, and will be expended prior to

16 the end of fiscal year 2008 for the following purposes:

17 (A) the completion of the land acquisitions

18 authorized by the Gallatin Land Consolidation

19 Act of 1998 and fulfillment of the Option Agree20 ment, as may be amended from time to time;

21 and,

22 (B) the acquisition of lands for which ac23 quisition funds were transferred to the Special

24 Account pursuant to subsection (b)(1)(B).
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1 (3) The Special Account shall be closed at the

2 end of fiscal year 2008 and any monies remaining in

3 the Special Account shall be transferred to the fund

4 established under Public Law 90–171 (commonly

5 known as the ‘‘Sisk Act’’, 16 U.S.C. § 484a) to re6 main available, until expended, for the acquisition of

7 lands for National Forest purposes in the State of

8 Montana.

9 (4) Funds deposited in the Special Account or el10 igible for deposit shall not be subject to transfer or re11 programming for wildland fire management or any

12 other emergency purposes.

13 (c) LAND CONVEYANCES WITHIN THE GALLATIN NA14 TIONAL FOREST.—

15 (1) CONVEYANCE AUTHORITY.—The Secretary is

16 authorized, under such terms and conditions as the

17 Secretary may prescribe and without requirements for

18 further administrative or environmental analyses or

19 examination, to sell or exchange any or all rights,

20 title, and interests of the United States in the fol21 lowing lands within the Gallatin National Forest in

22 the State of Montana:

23 (A) SMC East Boulder Mine Portal Tract:

24 Principal Meridian, T.3S., R.11E., Section 4,
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lots 3 to 4 inclusive, W1⁄2SE1⁄4NW1 1 ⁄4, containing

2 76.27 acres more or less.

3 (B) Forest Service West Yellowstone Admin4 istrative Site: U.S. Forest Service Administrative Site located within the NE1 5 ⁄4 of Block 17 of

6 the Townsite of West Yellowstone which is situated in the N1 7 ⁄2 of Section 34, T.13S., R.5E.,

8 Principal Meridian, Gallatin County, Montana,

9 containing 1.04 acres more or less.

10 (C) Mill Fork Mission Creek Tract: Prin11 cipal Meridian, T.13S., R.5E., Section 34,

NW1⁄4SW1 12 ⁄4, containing 40 acres more or less.

13 (D) West Yellowstone Town Expansion

14 Tract #1: Principal Meridian, T.13S., R.5E.,

Section 33, E1⁄2E1⁄2NE1 15 ⁄4, containing 40 acres

16 more or less.

17 (E) West Yellowstone Town Expansion

18 Tract #2: Principal Meridian, T.13S., R.5E.,

Section 33, NE1⁄4SE1 19 ⁄4, containing 40 acres

20 more or less.

21 (2) DESCRIPTIONS.—The Secretary may modify

22 the descriptions in subsection (c)(1) to correct errors

23 or to reconfigure the properties in order to facilitate

24 a conveyance.
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1 (3) CONSIDERATION.—Consideration for a sale

2 or exchange of land under this subsection may include

3 cash, land, or a combination of both.

4 (4) VALUATION.—Any appraisals of land deemed

5 necessary or desirable by the Secretary to carry out

6 the purposes of this section shall conform to the Uni7 form Appraisal Standards for Federal Land Acquisi8 tions.

9 (5) CASH EQUALIZATION.—Notwithstanding any

10 other provision of law, the Secretary may accept a

11 cash equalization payment in excess of 25 percent of

12 the value of any land exchanged under this sub13 section.

14 (6) SOLICITATIONS OF OFFERS.—The Secretary

15 may:

16 (A) solicit offers for sale or exchange of land

17 under this subsection on such terms and condi18 tions as the Secretary may prescribe, or

19 (B) reject any offer made under this sub20 section if the Secretary determines that the offer

21 is not adequate or not in the public interest.

22 (7) METHODS OF SALE.—The Secretary may sell

23 land at public or private sale, including competitive

24 sale by auction, bid, or otherwise, in accordance with

25 such terms, conditions, and procedures as the Sec-
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1 retary determines will be in the best interests of the

2 United States.

3 (8) BROKERS.—The Secretary may utilize bro4 kers or other third parties in the disposition of the

5 land authorized by this subsection and, from the pro6 ceeds of the sale, may pay reasonable commissions or

7 fees on the sale or sales.

8 (9) RECEIPTS FROM SALE OR EXCHANGE.—The

9 Secretary shall deposit the net receipts of a sale or ex10 change under this subsection in the Special Account.

11 (d) MISCELLANEOUS PROVISIONS.—

12 (1) Receipts from any sale or exchange pursuant

13 to subsection (c) of this section:

14 (A) shall not be deemed excess receipts for

15 purposes of this section;

16 (B) shall not be paid or distributed to the

17 State or counties under any provision of law, or

18 otherwise deemed as moneys received from the

19 National Forest for purposes of the Act of May

20 23, 1908 or the Act of March 1, 1911 (16 U.S.C.

21 § 500, as amended), or the Act of March 4, 1913

22 (16 U.S.C. § 501, as amended).

23 (2) As of the date of enactment of this section,

24 any public land order withdrawing land described in

25 subsection (c)(1) from all forms of appropriation
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1 under the public land laws is revoked with respect to

2 any portion of the land conveyed by the Secretary

3 under this section.

4 (3) Subject to valid existing rights, all lands de5 scribed in section (c)(1) are withdrawn from location,

6 entry, and patent under the mining laws of the

7 United States.

8 (4) The Agriculture Property Management Regu9 lations shall not apply to any action taken pursuant

10 to this section.

11 (e) OPTION AGREEMENT AMENDMENT.—The Amend12 ment No. 1 to the Option Agreement is hereby ratified as

13 a matter of Federal law and the parties to it are authorized

14 to effect the terms and conditions thereof.

15 SEC. 331. TRANSFER OF FOREST LEGACY PROGRAM

16 LAND. Section 7(l) of the Cooperative Forestry Assistance

17 Act of 1978 (16 U.S.C. 2103c(l)) is amended by inserting

18 after paragraph (2) the following:

19 ‘‘(3) TRANSFER OF FOREST LEGACY PROGRAM

20 LAND.—

21 ‘‘(A) IN GENERAL.—Subject to any terms

22 and conditions that the Secretary may require

23 (including the requirements described in sub24 paragraph (B)), the Secretary may, at the re25 quest of a participating State, convey to the
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1 State, by quitclaim deed, without consideration,

2 any land or interest in land acquired in the

3 State under the Forest Legacy Program.

4 ‘‘(B) REQUIREMENTS.—In conveying land

5 or an interest in land under subparagraph (A),

6 the Secretary may require that—

7 ‘‘(i) the deed conveying the land or in8 terest in land include requirements for the

9 management of the land in a manner

10 that—

11 ‘‘(I) conserves the land or interest

12 in land; and

13 ‘‘(II) is consistent with any other

14 Forest Legacy Program purposes for

15 which the land or interest in land was

16 acquired;

17 ‘‘(ii) if the land or interest in land is

18 subsequently sold, exchanged, or otherwise

19 disposed of by the State, the State shall—

20 ‘‘(I) reimburse the Secretary in

21 an amount that is based on the current

22 market value of the land or interest in

23 land in proportion to the amount of

24 consideration paid by the United
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1 States for the land or interest in land;

2 or

3 ‘‘(II) convey to the Secretary land

4 or an interest in land that is equal in

5 value to the land or interest in land

6 conveyed.

7 ‘‘(C) DISPOSITION OF FUNDS.—Amounts re8 ceived by the Secretary under subparagraph

9 (B)(ii) shall be credited to the Forest Legacy

10 Program account, to remain available until ex11 pended.’’.

12 SEC. 332. Notwithstanding section 9(b) of Public Law

13 106–506, funds hereinafter appropriated under Public Law

14 106–506 shall require matching funds from non-Federal

15 sources on the basis of aggregate contribution to the Envi16 ronmental Improvement Program, as defined in Public

17 Law 106–506, rather than on a project-by-project basis, ex18 cept for those activities provided under section 9(c) of that

19 Act, to which this amendment shall not apply.

20 SEC. 333. Any application for judicial review of a

21 Record of Decision for any timber sale in Region 10 of the

22 Forest Service that had a Notice of Intent prepared on or

23 before January 1, 2003 shall—

24 (1) be filed in the Alaska District of the Federal

25 District Court within 30 days after exhaustion of the
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1 Forest Service administrative appeals process (36

2 C.F.R. 215) or within 30 days of enactment of this

3 Act if the administrative appeals process has been ex4 hausted prior to enactment of this Act, and the Forest

5 Service shall strictly comply with the schedule for

6 completion of administrative action;

7 (2) be completed and a decision rendered by the

8 court not later than 180 days from the date such re9 quest for review is filed; if a decision is not rendered

10 by the court within 180 days as required by this sub11 section, the Secretary of Agriculture shall petition the

12 court to proceed with the action.

13 SEC. 334. (a) IN GENERAL.—Notwithstanding any

14 other provision of law, the Secretary of Agriculture may

15 cancel, with the consent of the timber purchaser, any con16 tract for the sale of timber in Alaska if—

17 (1) the Secretary determines, in the Secretary’s

18 sole discretion, that the sale is uneconomical to per19 form; and

20 (2) the timber purchaser agrees to—

21 (A) terminate its rights under the contract;

22 and

23 (B) release the United States from all liabil24 ity, including further consideration or compensa25 tion resulting from such cancellation.
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1 (b) EFFECT OF CANCELLATION.—

2 (1) IN GENERAL.—The United States shall not

3 surrender any claim against a timber purchaser that

4 arose under a contract before cancellation under this

5 section not in connection with the cancellation.

6 (2) LIMITATION.—Cancellation of a contract

7 under this section shall release the timber purchaser

8 from liability for any damages resulting from can9 cellation of such contract.

10 (c) TIMBER AVAILABLE FOR RESALE.—Timber in11 cluded in a contract cancelled under this section shall be

12 available for resale by the Secretary of Agriculture.

13 SEC. 335. Funds appropriated for the Green Mountain

14 National Forest previously or in this Act may be used for

15 the acquisition of lands in the Blueberry Lake area.

16 SEC. 336. ELECTRIC THERMAL STORAGE TECH17 NOLOGY. Section 412(9) of the Energy Conservation in Ex18 isting Buildings Act of 1976 (42 U.S.C. 6862(9)) is

19 amended—

20 (1) in subparagraph (I), by striking ‘‘and’’ at

21 the end;

22 (2) by redesignating subparagraph (J) as sub23 paragraph (K); and

24 (3) by inserting after subparagraph (I) the fol25 lowing:
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1 ‘‘(J) electric thermal storage technology;

2 and’’.

3 SEC. 337. ZORTMAN/LANDUSKY MINE RECLAMATION

4 TRUST FUND. (a) ESTABLISHMENT.—There is established

5 in the Treasury of the United States a fund to be known

6 as the ‘‘Zortman/Landusky Mine Reclamation Trust Fund’’

7 (referred to in this section as the ‘‘Fund’’).

8 (b) DEPOSIT.—For the fiscal year during which this

9 Act is enacted and each fiscal year thereafter until the ag10 gregate amount deposited in the Fund under this subsection

11 is equal to at least $22,500,000, the Secretary of the Treas12 ury shall deposit $2,250,000 in the Fund.

13 (c) INVESTMENTS.—The Secretary of the Treasury

14 shall invest the amounts deposited under subsection (b) only

15 in interest-bearing obligations of the United States or in

16 obligations guaranteed by the United States as to both prin17 cipal and interest.

18 (d) PAYMENTS.—

19 (1) IN GENERAL.—All amounts credited as inter20 est under subsection (c) may be available, without fis21 cal year limitation, to the State of Montana for use

22 in accordance with paragraph (3) after the Fund has

23 been fully capitalized.

24 (2) WITHDRAWAL AND TRANSFER OF FUNDS.—

25 The Secretary of the Treasury shall withdraw
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1 amounts credited as interest under paragraph (1) and

2 transfer the amounts to the State of Montana for use

3 as State funds in accordance with paragraph (3)

4 after the Fund has been fully capitalized.

5 (3) USE OF TRANSFERRED FUNDS.—The State of

6 Montana shall use the amounts transferred under

7 paragraph (2) only to supplement funding available

8 from the State Administered ‘‘Zortman/Landusky

9 Long-Term Water Treatment Trust Fund’’ to fund

10 annual operation and maintenance costs for water

11 treatment related to the Zortman/Landusky mine site

12 and reclamation areas.

13 (e) TRANSFERS AND WITHDRAWALS.—The Sec14 retary of the Treasury may not transfer or withdraw

15 any amount deposited under subsection (b).

16 (f) ADMINISTRATIVE EXPENSES.—There are au17 thorized to be appropriated to the Secretary of the

18 Treasury such sums as are necessary to pay the ad19 ministrative expenses of the Fund.

20 SEC. 338. LAKE TAHOE RESTORATION PROJECTS. Sec21 tion 4(e)(3)(A) of the Southern Nevada Public Land Man22 agement Act of 1998 (112 Stat. 2346; 116 Stat. 2007) is

23 amended—

24 (1) in clause (v), by striking ‘‘and’’ at the end;
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1 (2) by redesignating clause (vi) as clause (vii);

2 and

3 (3) by inserting after clause (v) the following:

4 ‘‘(vi) environmental restoration

5 projects under sections 6 and 7 of the Lake

6 Tahoe Restoration Act (114 Stat. 2354) and

7 environmental improvement payments

8 under section 2(g) of Public Law 96–586

9 (94 Stat. 3382), in an amount equal to the

10 cumulative amounts authorized to be appro11 priated for such projects under those Acts

12 and in accordance with a revision to the

13 Southern Nevada Public Land Management

14 Act of 1998 Implementation Agreement to

15 implement this section, which shall include

16 a mechanism to ensure appropriate stake17 holders from the States of California and

18 Nevada participate in the process to rec19 ommend projects for funding; and’’.

20 SEC. 339. ACQUISITION OF LAND IN NYE COUNTY, NE21 VADA. (a) IN GENERAL.—Subject to subsection (c), the Sec22 retary of the Interior (referred to in this section as the ‘‘Sec23 retary’’) may acquire by donation all right, title, and inter24 est in and to the parcel of land (including improvements

25 to the land) described in subsection (b).
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1 (b) DESCRIPTION OF LAND.—The land referred to in

2 subsection (a) is the parcel of land in Nye County,

3 Nevada—

4 (1) consisting of not more than 15 acres;

5 (2) comprising a portion of Tract 37 located

6 north of the center line of Nevada State Highway 374;

7 and

(3) located in the E1⁄2NW1⁄4, NW1⁄4NE1 8 ⁄4 sec. 22,

9 T. 12 S., R. 46 E., Mount Diablo Base and Meridian.

10 (c) CONDITIONS.—

11 (1) IN GENERAL.—The Secretary shall not accept

12 for donation under subsection (a) any land or struc13 ture if the Secretary determines that the land or

14 structure, or a portion of the land or structure, has

15 or or may be contaminated with—

16 (A) hazardous substances, pollutants, or

17 contaminants, as defined in section 101 of the

18 Comprehensive Environmental Response, Com19 pensation, and Liability Act of 1980 (42 U.S.C.

20 9601); or

21 (B) any petroleum substance, fraction, or

22 derivative.

23 (2) CERTIFICATION.—Before accepting a dona24 tion of land under subsection (a), the Secretary shall
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1 certify that any structures on the land to be

2 donated—

3 (A) meet all applicable building code re4 quirements, as determined by an independent

5 contractor; and

6 (B) are in good condition, as determined by

7 the Director of the National Park Service.

8 (d) USE OF LAND.—The parcel of land acquired under

9 subsection (a) shall be used by the Secretary for the develop10 ment, operation, and maintenance of administrative and

11 visitor facilities for Death Valley National Park.

12 SEC. 340. Section 301 of the Energy Policy Act of 1992

13 (42 U.S.C. 13211) is amended—

14 (1) by striking ‘‘or a dual fueled vehicle’’ at the

15 end of subparagraph (3) and inserting ‘‘, a dual

16 fueled vehicle, or a neighborhood electric vehicle’’;

17 (2) by striking ‘‘and’’ at the end of subpara18 graph (13);

19 (3) by striking the period at the end of subpara20 graph (14) and inserting ‘‘; and’’; and

21 (4) by adding at the end the following:

22 ‘‘(15) the term ‘neighborhood electric vehicle’

23 means a motor vehicle that qualifies as both—
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1 ‘‘(A) a low-speed vehicle, as such term is de2 fined in section 571.3(b) of title 49, Code of Fed3 eral Regulations; and

4 ‘‘(B) a zero-emission vehicle, as such term is

5 defined in section 86.1702–99 of title 40, Code of

6 Federal Regulations.’’.

7 SEC. 341. CONVEYANCE TO THE CITY OF LAS VEGAS,

8 NEVADA. Section 705(b) of the Clark County Conservation

9 of Public Land and Natural Resources Act of 2002 (116

10 Stat. 2015) is amended by striking ‘‘parcels of land’’ and

11 all that follows through the period at the end and inserting

12 the following: ‘‘parcel of land identified as ‘Tract C’ on the

13 map and the approximately 10 acres of land in Clark

County, Nevada, described as follows: in the NW1⁄4 SE1 14 ⁄4

SW1 15 ⁄4 of section 28, T. 20 S., R. 60 E., Mount Diablo Base

16 and Meridian.’’.

17 SEC. 342. NORTHEAST HOME HEATING OIL RESERVE

18 REPORT. Not later than December 1, 2003, the Secretary

19 of Energy shall submit to the Committee on Energy and

20 Natural Resources of the Senate and the Committee on Re21 sources of the House of Representatives a report that—

22 (1) describes—

23 (A) the various scenarios under which the

24 Northeast Home Heating Oil Reserve may be

25 used; and
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1 (B) the underlying assumptions for each of

2 the scenarios; and

3 (2) includes recommendations for alternative for4 mulas to determine supply disruption.

5 SEC. 343. CONGAREE SWAMP NATIONAL MONUMENT

6 BOUNDARY REVISION. The first section of Public Law 94–

7 545 (90 Stat. 2517; 102 Stat. 2607) is amended—

8 (1) in subsection (b), by striking the last sen9 tence; and

10 (2) by adding at the end the following:

11 ‘‘(c) ACQUISITION OF ADDITIONAL LAND.—

12 ‘‘(1) IN GENERAL.—The Secretary may acquire

13 by donation, by purchase from a willing seller with

14 donated or appropriated funds, by transfer, or by ex15 change, land or an interest in land described in para16 graph (2) for inclusion in the monument.

17 ‘‘(2) DESCRIPTION OF LAND.—The land referred

18 to in paragraph (1) is the approximately 4,576 acres

19 of land adjacent to the Monument, as depicted on the

20 map entitled ‘‘Congaree National Park Boundary

21 Map’’, numbered 178/80015, and dated August 2003.

22 ‘‘(3) AVAILABILITY OF MAP.—The map referred

23 to in paragraph (2) shall be on file and available for

24 public inspection in the appropriate offices of the Na25 tional Park Service.
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1 ‘‘(4) BOUNDARY REVISION.—On acquisition of

2 the land or an interest in land under paragraph (1),

3 the Secretary shall revise the boundary of the monu4 ment to reflect the acquisition.

5 ‘‘(5) ADMINISTRATION.—Any land acquired by

6 the Secretary under paragraph (1) shall be adminis7 tered by the Secretary as part of the monument.

8 ‘‘(6) EFFECT.—Nothing in this section—

9 ‘‘(A) affects the use of private land adjacent

10 to the monument;

11 ‘‘(B) preempts the authority of the State

12 with respect to the regulation of hunting, fishing,

13 boating, and wildlife management on private

14 land or water outside the boundaries of the

15 monument; or

16 ‘‘(C) negatively affects the economic develop17 ment of the areas surrounding the monument.

18 ‘‘(d) ACREAGE LIMITATION.—The total acreage of the

19 monument shall not exceed 26,776 acres.’’.

20 SEC. 344. Section 104 (16 U.S.C. 1374) is amended

21 in subsection (c)(5)(D) by striking ‘‘the date of the enact22 ment of the Marine Mammal Protection Act Amendments

23 of 1994’’ and inserting ‘‘February 18, 1997’’.
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1 SEC. 345. The business size restrictions for the rural

2 business enterprise grants for Oakridge, Oregon do not

3 apply.

4 TITLE IV—WILDLAND FIRE EMERGENCY

5 APPROPRIATIONS

6 DEPARTMENT OF THE INTERIOR

7 BUREAU OF LAND MANAGEMENT

8 WILDLAND FIRE MANAGEMENT

9 For necessary expenses to repay advances from other

10 appropriations transferred in fiscal year 2003 for emer11 gency rehabilitation and wildfire suppression activities of

12 the Department of the Interior, $75,000,000 to remain

13 available until expended: Provided, That the entire amount

14 is designated by the Congress as an emergency requirement

15 pursuant to section 502 of House Concurrent Resolution 95,

16 the concurrent resolution on the budget for fiscal year 2004:

17 Provided further, That the entire amount shall be available

18 only to the extent that an official budget request for

19 $75,000,000, that includes designation of the entire amount

20 of $75,000,000 as an emergency requirement as defined in

21 House Concurrent Resolution 95, the concurrent resolution

22 on the budget for fiscal year 2004, is transmitted by the

23 President to the Congress.
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1 RELATED AGENCY

2 DEPARTMENT OF AGRICULTURE

3 FOREST SERVICE

4 WILDLAND FIRE MANAGEMENT

5 For necessary expenses to repay advances from other

6 appropriations transferred in fiscal year 2003 for wildfire

7 suppression and emergency rehabilitation activities of the

8 Forest Service, $325,000,000 to remain available until ex9 pended: Provided, That the entire amount is designated by

10 the Congress as an emergency requirement pursuant to sec11 tion 502 of House Concurrent Resolution 95, the concurrent

12 resolution on the budget for fiscal year 2004: Provided fur13 ther, That the entire amount shall be available only to the

14 extent that an official budget request for $325,000,000, that

15 includes designation of the entire amount of $325,000,000

16 as an emergency requirement as defined in House Concur17 rent Resolution 95, the concurrent resolution on the budget

18 for fiscal year 2004, is transmitted by the President to the

19 Congress.

20 TITLE V—THE FLATHEAD AND KOOTENAI

21 NATIONAL FOREST REHABILITATION ACT

22 SEC. 501. SHORT TITLE. This title may be cited as

23 the ‘‘Flathead and Kootenai National Forest Rehabilitation

24 Act of 2003’’.
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1 SEC. 502. FINDINGS AND PURPOSE. (a) FINDINGS.—

2 Congress finds that—

3 (1) the Robert Fire and Wedge Fire of 2003

4 caused extensive resource damage in the Flathead Na5 tional Forest;

6 (2) the fires of 2000 caused extensive resource

7 damage on the Kootenai National Forest and imple8 mentation of rehabilitation and recovery projects de9 veloped by the agency for the Forest is critical;

10 (3) the environmental planning and analysis to

11 restore areas affected by the Robert Fire and Wedge

12 Fire will be completed through a collaborative com13 munity process;

14 (4) the rehabilitation of burned areas needs to be

15 completed in a timely manner in order to reduce the

16 long-term environmental impacts; and

17 (5) wildlife and watershed resource values will be

18 maintained in areas affected by the Robert Fire and

19 Wedge Fire while exempting the rehabilitation effort

20 from certain applications of the National Environ21 mental Policy Act (NEPA) and the Clean Water Act

22 (CWA).

23 (b) The purpose of this title is to accomplish in a col24 laborative environment, the planning and rehabilitation of

25 the Robert Fire and Wedge Fire and to ensure timely imple-
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1 mentation of recovery and rehabilitation projects on the

2 Kootenai National Forest.

3 SEC. 503. REHABILITATION PROJECTS. (a) IN GEN4 ERAL.—The Secretary of Agriculture (in this title referred

5 to as the ‘‘Secretary’’) may conduct projects that the Sec6 retary determines are necessary to rehabilitate and restore,

7 and may conduct salvage harvests on, National Forest Sys8 tem lands in the North Fork drainage on the Flathead Na9 tional Forest, as generally depicted on a map entitled

10 ‘‘North Fork Drainage’’ which shall be on file and available

11 for public inspection in the Office of Chief, Forest Service,

12 Washington, D.C.

13 (b) PROCEDURE.—

14 (1) IN GENERAL.—Except as otherwise provided

15 by this title, the Secretary shall conduct projects

16 under this title in accordance with—

17 (A) the National Environmental Policy Act

18 (42 U.S.C. 4321 et seq.); and

19 (B) other applicable laws.

20 (2) ENVIRONMENTAL ASSESSMENT OR IMPACT

21 STATEMENT.—If an environmental assessment or an

22 environmental impact statement (pursuant to section

23 102(2) of the National Environmental Policy Act (42

24 U.S.C. 4332(2)) is required for a project under this

25 title, the Secretary shall not be required to study, de-
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1 velop, or describe any alternative to the proposed

2 agency action in the environmental assessment or the

3 environmental impact statement.

4 (3) PUBLIC COLLABORATION.—To encourage

5 meaningful participation during preparation of a

6 project under this title, the Secretary shall facilitate

7 collaboration among the State of Montana, local gov8 ernments, and Indian tribes, and participation of in9 terested persons, during the preparation of each

10 project in a manner consistent with the Implementa11 tion Plan for the 10-year Comprehensive Strategy of

12 a Collaborative Approach for Reducing Wildland Fire

13 Risks to Communities and the Environment, dated

14 May 2002, which was developed pursuant to the con15 ference report for the Department of the Interior and

16 Related Agencies Appropriations Act, 2001 (House

17 Report 106–646).

18 (4) COMPLIANCE WITH CLEAN WATER ACT.—

19 Consistent with the Clean Water Act (33 U.S.C. 1251

20 et seq.) and Montana Code 75–5–703(10)(b), the Sec21 retary is not prohibited from implementing projects

22 under this title due to the lack of a Total Maximum

23 Daily Load as provided for under section 303(d) of

24 the Clean Water Act (33 U.S.C. 1313(d)), except that
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1 the Secretary shall comply with any best management

2 practices required by the State of Montana.

3 (5) ENDANGERED SPECIES ACT CONSULTA4 TION.—If a consultation is required under section 7

5 of the Endangered Species Act (16 U.S.C. 1536) for

6 a project under this title, the Secretary of the Interior

7 shall expedite and give precedence to such consulta8 tion over any similar requests for consultation by the

9 Secretary.

10 (6) ADMINISTRATIVE APPEALS.—Section 322 of

11 the Department of the Interior and Related Agencies

12 Appropriations Act, 1993 (Public Law 102–381; 16

13 U.S.C. 1612 note) and section 215 of title 36, Code

14 of Federal Regulations shall apply to projects under

15 this title, except that—

16 (A) to be eligible to file an appeal, an indi17 vidual or organization shall submit specific and

18 substantive written comments during the com19 ment period; and

20 (B) a determination that an emergency sit21 uation exists pursuant to section 215.10 of title

22 36, Code of Federal Regulations, shall be made

23 where it is determined that implementation of

24 all or part of a decision for a project under this

25 title is necessary for relief from—
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1 (i) adverse affects on soil stability and

2 water quality resulting from vegetation loss;

3 or

4 (ii) loss of fish and wildlife habitat.

5 SEC. 504. CONTRACTING AND COOPERATIVE AGREE6 MENTS. (a) IN GENERAL.—Notwithstanding chapter 63 of

7 title 31, United States Code, the Secretary may enter into

8 contract or cooperative agreements to carry out a project

9 under this title.

10 (b) EXEMPTION.—Notwithstanding any other provi11 sions of law, the Secretary may limit competition for a con12 tract or a cooperative agreement under subsection (a).

13 SEC. 505. MONITORING REQUIREMENTS. (a) IN GEN14 ERAL.—The Secretary shall establish a multiparty moni15 toring group consisting of a representative number of inter16 ested parties, as determined by the Secretary, to monitor

17 the performance and effectiveness of projects conducted

18 under this title.

19 (b) REPORTING REQUIREMENTS.—The multiparty

20 monitoring group shall prepare annually a report to the

21 Secretary on the progress of the projects conducted under

22 this title in rehabilitating and restoring the North Fork

23 drainage. The Secretary shall submit the report to the Sen24 ate Subcommittee on Interior Appropriations of the Senate

25 Committee on Appropriations.
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1 SEC. 506. SUNSET. The authority for the Secretary to

2 issue a decision to carry out a project under this title shall

3 expire 5 years from the date of enactment.

4 SEC. 507. IMPLEMENTATION OF RECORDS OF DECI5 SION. The Secretary of Agriculture shall publish new infor6 mation regarding forest wide estimates of old growth from

7 volume 103 of the administrative record in the case cap8 tioned Ecology Center v. Castaneda, CV–02–200–M–DWM

9 (D. Mont.) for public comment for a 30-day period. The

10 Secretary shall review any comments received during the

11 comment period and decide whether to modify the Records

12 of Decision (hereinafter referred to as the ‘‘ROD’s’’) for the

13 Pinkham, White Pine, Kelsey-Beaver, Gold/Boulder/Sul14 livan, and Pink Stone projects on the Kootenai National

15 Forest. The ROD’s, whether modified or not, shall not be

16 deemed arbitrary and capricious under the NFMA, NEPA

17 or other applicable law as long as each project area retains

18 10 percent designated old growth in the project area.

19 This Act may be cited as the ‘‘Department of the Inte20 rior and Related Agencies Appropriations Act, 2004’’.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 2691

AMENDMENT