PUBLIC LAW 106–291—OCT. 11, 2000

DEPARTMENT OF THE INTERIOR AND

RELATED AGENCIES APPROPRIATIONS ACT,

2001

114 STAT. 922 PUBLIC LAW 106–291—OCT. 11, 2000

Public Law 106–291

106th Congress

An Act

Making appropriations for the Department of the Interior and related agencies

for the fiscal year ending September 30, 2001, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

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

not otherwise appropriated, for the Department of the Interior

and related agencies for the fiscal year ending September 30, 2001,

and for other purposes, namely:

TITLE I—DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement,

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

of other functions, including maintenance of facilities, as authorized

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

the jurisdiction of the Bureau of Land Management, including the

general administration of the Bureau, and assessment of mineral

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

3150(a)), $709,733,000, to remain available until expended, of which

$3,898,000 shall be available for assessment of the mineral potential

of public lands in Alaska pursuant to section 1010 of Public Law

96–487 (16 U.S.C. 3150); and of which not to exceed $1,000,000

shall be derived from the special receipt account established by

the Land and Water Conservation Act of 1965, as amended (16

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

fiscal year 2001 subject to a match by at least an equal amount

by the National Fish and Wildlife Foundation, to such Foundation

for cost-shared projects supporting conservation of Bureau lands

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

sum grant without regard to when expenses are incurred; in addition, $34,328,000 for Mining Law Administration program operations, including the cost of administering the mining claim fee

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

amounts collected by the Bureau and credited to this appropriation

from annual mining claim fees so as to result in a final appropriation estimated at not more than $709,733,000, and $2,000,000,

to remain available until expended, from communication site rental

fees established by the Bureau for the cost of administering communication site activities: Provided, That appropriations herein made

Department of

the Interior and

Related Agencies

Appropriations

Act, 2001.

Oct. 11, 2000

[H.R. 4578]

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 923

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

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

WILDLAND FIRE MANAGEMENT

For necessary expenses for fire preparedness, suppression operations, research, emergency rehabilitation and hazardous fuels

reduction by the Department of the Interior, $425,513,000, to

remain available until expended, of which not to exceed $30,000,000

shall be for the renovation or construction of fire facilities: Provided,

That such funds are also available for repayment of advances to

other appropriation accounts from which funds were previously

transferred for such purposes: Provided further, That unobligated

balances of amounts previously appropriated to the ‘‘Fire Protection’’

and ‘‘Emergency Department of the Interior Firefighting Fund’’

may be transferred and merged with this appropriation: Provided

further, That persons hired pursuant to 43 U.S.C. 1469 may be

furnished subsistence and lodging without cost from funds available

from this appropriation: Provided further, That notwithstanding

42 U.S.C. 1856d, sums received by a bureau or office of the Department of the Interior for fire protection rendered pursuant to 42

U.S.C. 1856 et seq., protection of United States property, may

be credited to the appropriation from which funds were expended

to provide that protection, and are available without fiscal year

limitation.

For an additional amount for ‘‘Wildland Fire Management’’,

$200,000,000, to remain available until expended, for emergency

rehabilitation and wildfire suppression activities: Provided, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended: Provided

further, That this amount shall be available only to the extent

that an official budget request for a specific dollar amount, that

includes designation of the entire amount of the request as an

emergency requirement as defined by such Act, is transmitted by

the President to the Congress.

CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and

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

including associated activities, of hazardous waste substances,

pollutants, or contaminants pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act, as

amended (42 U.S.C. 9601 et seq.), $10,000,000, to remain available

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

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

reimbursement for remedial action or response activities conducted

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

shall be credited to this account to be available until expended

without further appropriation: Provided further, That such sums

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

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

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

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

114 STAT. 924 PUBLIC LAW 106–291—OCT. 11, 2000

CONSTRUCTION

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

and appurtenant facilities, $16,860,000, to remain available until

expended.

PAYMENTS IN LIEU OF TAXES

For expenses necessary to implement the Act of October 20,

1976, as amended (31 U.S.C. 6901–6907), $150,000,000, of which

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

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

eligible units of local government if the computed amount of the

payment is less than $100.

LAND ACQUISITION

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

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

and acquisition of lands or waters, or interests therein, $31,100,000,

to be derived from the Land and Water Conservation Fund, to

remain available until expended.

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and

development of resources and for construction, operation, and

maintenance of access roads, reforestation, and other improvements

on the revested Oregon and California Railroad grant lands, on

other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of

lands or interests therein including existing connecting roads on

or adjacent to such grant lands; $104,267,000, to remain available

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

receipts during the current fiscal year from the revested Oregon

and California Railroad grant lands is hereby made a charge against

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

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

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

1937 (50 Stat. 876).

FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND

(REVOLVING FUND, SPECIAL ACCOUNT)

In addition to the purposes authorized in Public Law 102–

381, funds made available in the Forest Ecosystem Health and

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

and monitoring salvage timber sales and forest ecosystem health

and recovery activities such as release from competing vegetation

and density control treatments. The Federal share of receipts

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

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

and Public Law 103–66) derived from treatments funded by this

account shall be deposited into the Forest Ecosystem Health and

Recovery Fund.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 925

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and

interests therein, and improvement of Federal rangelands pursuant

to section 401 of the Federal Land Policy and Management Act

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

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

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

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

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

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

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

for administrative expenses.

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

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

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

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

authorizations, and for rehabilitation of damaged property, such

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

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

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

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

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

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

authority of this Act by the Secretary to improve, protect, or

rehabilitate any public lands administered through the Bureau

of Land Management which have been damaged by the action

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

person, without regard to whether all moneys collected from each

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

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

excess of amounts needed to repair damage to the exact land

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

public lands.

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under

existing laws, there is hereby appropriated such amounts as may

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

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

administrative costs, surveys, appraisals, and costs of making

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

to remain available until expended.

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be

available for purchase, erection, and dismantlement of temporary

structures, and alteration and maintenance of necessary buildings

and appurtenant facilities to which the United States has title;

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

43 USC 1735

note.

114 STAT. 926 PUBLIC LAW 106–291—OCT. 11, 2000

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

enforcement activities authorized or approved by the Secretary and

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

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

under cooperative cost-sharing and partnership arrangements

authorized by law, procure printing services from cooperators in

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

the Bureau determines the cooperator is capable of meeting accepted

quality standards.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife

Service, for scientific and economic studies, conservation, management, investigations, protection, and utilization of fishery and wildlife resources, except whales, seals, and sea lions, maintenance

of the herd of long-horned cattle on the Wichita Mountains Wildlife

Refuge, general administration, and for the performance of other

authorized functions related to such resources by direct expenditure,

contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, $776,595,000, to remain

available until September 30, 2002, except as otherwise provided

herein, of which not less than $2,000,000 shall be provided to

local governments in southern California for planning associated

with the Natural Communities Conservation Planning (NCCP) program and shall remain available until expended: Provided, That

not less than $1,000,000 for high priority projects which shall

be carried out by the Youth Conservation Corps as authorized

by the Act of August 13, 1970, as amended: Provided further,

That not to exceed $6,355,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species

Act, as amended, for species that are indigenous to the United

States (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or

(c)(2)(B)(ii)): Provided further, That of the amount available for

law enforcement, up to $400,000 to remain available until expended,

may at the discretion of the Secretary, be used for payment for

information, rewards, or evidence concerning violations of laws

administered by the Service, and miscellaneous and emergency

expenses of enforcement activity, authorized or approved by the

Secretary and to be accounted for solely on his certificate: Provided

further, That of the amount provided for environmental contami- nants, up to $1,000,000 may remain available until expended for

contaminant sample analyses.

CONSTRUCTION

For construction, improvement, acquisition, or removal of

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

$63,015,000, to remain available until expended: Provided, That,

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 927

notwithstanding any provision of law or regulation, funds appropriated in Public Law 106–113 for exhibits at the J.N. Ding Darling

National Wildlife Refuge Education Center in Florida shall be transferred immediately to the Ding Darling Wildlife Society for the

purpose of constructing the exhibits.

LAND ACQUISITION

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

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

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

applicable to the United States Fish and Wildlife Service,

$62,800,000, to be derived from the Land and Water Conservation

Fund, to remain available until expended.

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out the provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531–1543), as amended,

$26,925,000, to be derived from the Cooperative Endangered Species

Conservation Fund, to remain available until expended.

NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $11,439,000.

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North

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

amended, $20,000,000, to remain available until expended.

WILDLIFE CONSERVATION AND APPRECIATION FUND

For necessary expenses of the Wildlife Conservation and Appre- ciation Fund, $797,000, to remain available until expended.

MULTINATIONAL SPECIES CONSERVATION FUND

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

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

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

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

$2,500,000, to remain available until expended: Provided, That

funds made available under this Act and Public Law 105–277

for rhinoceros, tiger, and Asian elephant conservation programs

are exempt from any sanctions imposed against any country under

section 102 of the Arms Export Control Act (22 U.S.C. 2799aa–

1).

ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish

and Wildlife Service shall be available for purchase of not to exceed

79 passenger motor vehicles, of which 72 are for replacement only

(including 41 for police-type use); repair of damage to public roads

within and adjacent to reservation areas caused by operations of

114 STAT. 928 PUBLIC LAW 106–291—OCT. 11, 2000

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

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

uses on conservation areas as are consistent with their primary

purpose; and the maintenance and improvement of aquaria,

buildings, and other facilities under the jurisdiction of the Service

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

pursuant to law in connection with management and investigation

of fish and wildlife resources: Provided, That notwithstanding 44

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

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

of printing either in cash or services and the Service determines

the cooperator is capable of meeting accepted quality standards:

Provided further, That the Service may accept donated aircraft

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

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

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

establishment of any new unit of the National Wildlife Refuge

System unless the purchase is approved in advance by the House

and Senate Committees on Appropriations in compliance with the

reprogramming procedures contained in Senate Report 105–56.

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and

maintenance of areas and facilities administered by the National

Park Service (including special road maintenance service to trucking

permittees on a reimbursable basis), and for the general administration of the National Park Service, including not less than $2,000,000

for high priority projects within the scope of the approved budget

which shall be carried out by the Youth Conservation Corps as

authorized by 16 U.S.C. 1706, $1,389,144,000, of which $9,227,000

for research, planning and interagency coordination in support of

land acquisition for Everglades restoration shall remain available

until expended, and of which not to exceed $7,000,000, to remain

available until expended, is to be derived from the special fee

account established pursuant to title V, section 5201 of Public

Law 100–203: Provided, That the only funds in this account which

may be made available to support United States Park Police operations are those needed to continue services at the same level

as was provided in fiscal year 2000 at the Statue of Liberty and

Gateway National Recreation Area, and those funds approved for

emergency law and order incidents pursuant to established National

Park Service procedures and those funds needed to maintain and

repair United States Park Police administrative facilities.

UNITED STATES PARK POLICE

For expenses necessary to carry out the programs of the United

States Park Police, $78,048,000, of which $1,607,000 for security

enhancements in the Washington, DC area shall remain available

until expended.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 929

NATIONAL RECREATION AND PRESERVATION

(INCLUDING TRANSFER OF FUNDS)

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

environmental compliance and review, international park affairs,

statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $58,359,000: Provided, That

$1,595,000 appropriated in Public Law 105–277 for the acquisition

of interests in Ferry Farm, George Washington’s Boyhood Home,

shall be transferred to this account and shall be available until

expended for a cooperative agreement for management of George

Washington’s Boyhood Home, Ferry Farm, as authorized in Public

Law 105–355.

URBAN PARK AND RECREATION FUND

For expenses necessary to carry out the provisions of the Urban

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

seq.), $10,000,000, to remain available until expended.

HISTORIC PRESERVATION FUND

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

Parks and Public Lands Management Act of 1996 (Public Law

104–333), $79,347,000, to be derived from the Historic Preservation

Fund, to remain available until September 30, 2002, of which

$7,177,000 pursuant to section 507 of Public Law 104–333 shall

remain available until expended: Provided, That of the total amount

provided, $35,000,000 shall be for Save America’s Treasures for

priority preservation projects, including preservation of intellectual

and cultural artifacts, preservation of historic structures and sites,

and buildings to house cultural and historic resources and to provide

educational opportunities: Provided further, That any individual

Save America’s Treasures grant shall be matched by non-Federal

funds: Provided further, That individual projects shall only be

eligible for one grant, and all projects to be funded shall be approved

by the House and Senate Committees on Appropriations prior to

the commitment of grant funds: Provided further, That Save America’s Treasures funds allocated for Federal projects shall be available

by transfer to appropriate accounts of individual agencies, after

approval of such projects by the Secretary of the Interior: Provided

further, That none of the funds provided for Save America’s Treasures may be used for administrative expenses, and staffing for

the program shall be available from the existing staffing levels

in the National Park Service.

CONSTRUCTION

For construction, improvements, repair or replacement of physical facilities, including the modifications authorized by section

104 of the Everglades National Park Protection and Expansion

Act of 1989, $242,174,000, to remain available until expended:

Provided, That $650,000 for Lake Champlain National Historic

Landmarks, $300,000 for the Kendall County Courthouse, and

114 STAT. 930 PUBLIC LAW 106–291—OCT. 11, 2000

$365,000 for the U.S. Grant Boyhood Home National Historic Landmark shall be derived from the Historic Preservation Fund pursuant

to 16 U.S.C. 470a.

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The contract authority provided for fiscal year 2001 by 16

U.S.C. 460l–10a is rescinded.

LAND ACQUISITION AND STATE ASSISTANCE

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

including administrative expenses, and for acquisition of lands or

waters, or interest therein, in accordance with the statutory

authority applicable to the National Park Service, $110,540,000,

to be derived from the Land and Water Conservation Fund, to

remain available until expended, of which $40,500,000 is for the

State assistance program including $1,500,000 to administer the

State assistance program, and of which $12,000,000 may be for

State grants for land acquisition in the State of Florida: Provided, That the Secretary may provide Federal assistance to the State

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

within the Everglades watershed (consisting of lands and waters

within the boundaries of the South Florida Water Management

District, Florida Bay and the Florida Keys, including the areas

known as the Frog Pond, the Rocky Glades and the Eight and

One-Half Square Mile Area) under terms and conditions deemed

necessary by the Secretary to improve and restore the hydrological

function of the Everglades watershed: Provided further, That funds

provided under this heading for assistance to the State of Florida

to acquire lands within the Everglades watershed are contingent

upon new matching non-Federal funds by the State and shall be

subject to an agreement that the lands to be acquired will be

managed in perpetuity for the restoration of the Everglades: Provided further, That none of the funds provided for the State Assistance program may be used to establish a contingency fund: Provided

further, That not to exceed $50,000,000 derived from unexpended

balances previously appropriated in Public Laws 106–113 and 103–

211 for land acquisition assistance to the State of Florida shall

be available until expended for project modifications authorized

by section 104 of the Everglades National Park Protection and

Expansion Act.

ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available

for the purchase of not to exceed 340 passenger motor vehicles,

of which 273 shall be for replacement only, including not to exceed

319 for police-type use, 12 buses, and 9 ambulances: Provided,

That none of the funds appropriated to the National Park Service

may be used to process any grant or contract documents which

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

none of the funds appropriated to the National Park Service may

be used to implement an agreement for the redevelopment of the

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

Reports.

16 USC 460l–10a

note.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 931

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

either House of Congress is not in session because of adjournment

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

by the Speaker of the House of Representatives and the President

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

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

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

Park Service for activities taken in direct response to the United

Nations Biodiversity Convention.

The National Park Service may distribute to operating units

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

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

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

positions for which they are medically able.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey

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

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

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

lands as to their mineral and water resources; give engineering

supervision to power permittees and Federal Energy Regulatory

Commission licensees; administer the minerals exploration program

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

foregoing activities; and to conduct inquiries into the economic

conditions affecting mining and materials processing industries (30

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

as authorized by law and to publish and disseminate data;

$862,046,000, of which $62,879,000 shall be available only for

cooperation with States or municipalities for water resources investigations; and of which $16,400,000 shall remain available until

expended for conducting inquiries into the economic conditions

affecting mining and materials processing industries; and of which

$1,525,000 shall remain available until expended for ongoing

development of a mineral and geologic data base; and of which

$32,822,000 shall be available until September 30, 2002 for the

operation and maintenance of facilities and deferred maintenance;

and of which $157,923,000 shall be available until September 30,

2002 for the biological research activity and the operation of the

Cooperative Research Units: Provided, That none of these funds

provided for the biological research activity shall be used to conduct

new surveys on private property, unless specifically authorized in

writing by the property owner: Provided further, That no part

of this appropriation shall be used to pay more than one-half

the cost of topographic mapping or water resources data collection

and investigations carried on in cooperation with States and municipalities.

ADMINISTRATIVE PROVISIONS

The amount appropriated for the United States Geological

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

43 USC 50.

114 STAT. 932 PUBLIC LAW 106–291—OCT. 11, 2000

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

reimbursement to the General Services Administration for security

guard services; contracting for the furnishing of topographic maps

and for the making of geophysical or other specialized surveys

when it is administratively determined that such procedures are

in the public interest; construction and maintenance of necessary

buildings and appurtenant facilities; acquisition of lands for gauging

stations and observation wells; expenses of the United States

National Committee on Geology; and payment of compensation

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

to represent the United States in the negotiation and administration

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

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

6302 et seq.

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental

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

as authorized by law; for enforcing laws and regulations applicable

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

including the purchase of not to exceed eight passenger motor

vehicles for replacement only, $133,410,000, of which $86,257,000,

shall be available for royalty management activities; and an amount

not to exceed $107,410,000, to be credited to this appropriation

and to remain available until expended, from additions to receipts

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

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

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

from additional fees for Outer Continental Shelf administrative

activities established after September 30, 1993: Provided, That

to the extent $107,410,000 in additions to receipts are not realized

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

reach $107,410,000 shall be credited to this appropriation from

receipts resulting from rental rates for Outer Continental Shelf

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

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

September 30, 2002: Provided further, That funds appropriated

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

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

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

related to promoting volunteer beach and marine cleanup activities:

Provided further, That notwithstanding any other provision of law,

$15,000 under this heading shall be available for refunds of overpayments in connection with certain Indian leases in which the Director

of the Minerals Management Service (MMS) concurred with the

claimed refund due, to pay amounts owed to Indian allottees or

tribes, or to correct prior unrecoverable erroneous payments: Provided further, That MMS may under the royalty-in-kind pilot program use a portion of the revenues from royalty-in-kind sales,

without regard to fiscal year limitation, to pay for transportation

to wholesale market centers or upstream pooling points, and to

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 933

process or otherwise dispose of royalty production taken in kind:

Provided further, That MMS shall analyze and document the

expected return in advance of any royalty-in-kind sales to assure

to the maximum extent practicable that royalty income under the

pilot program is equal to or greater than royalty income recognized

under a comparable royalty-in-value program.

OIL SPILL RESEARCH

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

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

of the Oil Pollution Act of 1990, $6,118,000, which shall be derived

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

expended.

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

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

95–87, as amended, including the purchase of not to exceed 10

passenger motor vehicles, for replacement only; $100,801,000: Provided, That the Secretary of the Interior, pursuant to regulations,

may use directly or through grants to States, moneys collected

in fiscal year 2001 for civil penalties assessed under section 518

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

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

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

Provided further, That appropriations for the Office of Surface

Mining Reclamation and Enforcement may provide for the travel

and per diem expenses of State and tribal personnel attending

Office of Surface Mining Reclamation and Enforcement sponsored

training.

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface

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

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

motor vehicles for replacement only, $202,438,000, to be derived

from receipts of the Abandoned Mine Reclamation Fund and to

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

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

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

for associated activities, through the Appalachian Clean Streams

Initiative: Provided, That grants to minimum program States will

be $1,600,000 per State in fiscal year 2001: Provided further, That

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

the emergency program authorized by section 410 of Public Law

95–87, as amended, of which no more than 25 percent shall be

used for emergency reclamation projects in any one State and

funds for federally administered emergency reclamation projects

under this proviso shall not exceed $11,000,000: Provided further,

That prior year unobligated funds appropriated for the emergency

reclamation program shall not be subject to the 25 percent limitation per State and may be used without fiscal year limitation

30 USC 1211

note.

114 STAT. 934 PUBLIC LAW 106–291—OCT. 11, 2000

for emergency projects: Provided further, That pursuant to Public

Law 97–365, the Department of the Interior is authorized to use

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

to the United States Government to pay for contracts to collect

these debts: Provided further, That funds made available under

title IV of Public Law 95–87 may be used for any required nonFederal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines:

Provided further, That such projects must be consistent with the

purposes and priorities of the Surface Mining Control and Reclamation Act: Provided further, That the State of Maryland may set aside the greater of $1,000,000 or 10 percent of the total of the

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

Mining Control and Reclamation Act of 1977, as amended (30

U.S.C. 1231 et seq.), if the amount set aside is deposited in an

acid mine drainage abatement and treatment fund established

under a State law, pursuant to which law the amount (together

with all interest earned on the amount) is expended by the State

to undertake acid mine drainage abatement and treatment projects,

except that before any amounts greater than 10 percent of its

title IV grants are deposited in an acid mine drainage abatement

and treatment fund, the State of Maryland must first complete

all Surface Mining Control and Reclamation Act priority one

projects.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For expenses necessary for the operation of Indian programs,

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

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

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

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

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

as amended, $1,741,212,000, to remain available until September

30, 2002 except as otherwise provided herein, of which not to

exceed $93,225,000 shall be for welfare assistance payments and

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

not to exceed $125,485,000 shall be available for payments to tribes

and tribal organizations for contract support costs associated with

ongoing contracts, grants, compacts, or annual funding agreements

entered into with the Bureau prior to or during fiscal year 2001,

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

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

agreements and for unmet welfare assistance costs; and up to

$5,000,000 shall be for the Indian Self-Determination Fund which

shall be available for the transitional cost of initial or expanded

tribal contracts, grants, compacts or cooperative agreements with

the Bureau under such Act; and of which not to exceed $423,056,000

for school operations costs of Bureau-funded schools and other education programs shall become available on July 1, 2001, and shall

remain available until September 30, 2002; and of which not to

exceed $60,194,000 shall remain available until expended for

housing improvement, road maintenance, attorney fees, litigation

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 935

support, self-governance grants, the Indian Self-Determination

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

Program; and of which not to exceed $108,000 shall be for payment

to the United Sioux Tribes of South Dakota Development Corporation for the purpose of providing employment assistance to Indian

clients of the Corporation, including employment counseling, followup services, housing services, community services, day care services,

and subsistence to help Indian clients become fully employed members of society: Provided, That notwithstanding any other provision

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

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

$43,160,000 within and only from such amounts made available

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

of Bureau-funded schools: Provided further, That any forestry funds

allocated to a tribe which remain unobligated as of September

30, 2002, may be transferred during fiscal year 2003 to an Indian

forest land assistance account established for the benefit of such

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

any such unobligated balances not so transferred shall expire on

September 30, 2003.

CONSTRUCTION

For construction, repair, improvement, and maintenance of

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

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

lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $357,404,000, to remain

available until expended: Provided, That such amounts as may

be available for the construction of the Navajo Indian Irrigation

Project may be transferred to the Bureau of Reclamation: Provided

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

to the Bureau of Indian Affairs from the Federal Highway Trust

Fund may be used to cover the road program management costs

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

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

available on a nonreimbursable basis: Provided further, That for

fiscal year 2001, in implementing new construction or facilities

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

are provided to tribally controlled grant schools under Public Law

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

Administrative and Audit Requirements and Cost Principles for

Assistance Programs contained in 43 CFR part 12 as the regulatory

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

shall negotiate and determine a schedule of payments for the work

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

the Secretary shall consider whether the Indian tribe or tribal

organization would be deficient in assuring that the construction

projects conform to applicable building standards and codes and

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

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

management capabilities: Provided further, That if the Secretary

declines an application, the Secretary shall follow the requirements

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

114 STAT. 936 PUBLIC LAW 106–291—OCT. 11, 2000

between the Secretary and any grantee concerning a grant shall

be subject to the disputes provision in 25 U.S.C. 2508(e).

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For miscellaneous payments to Indian tribes and individuals

and for necessary administrative expenses, $37,526,000, to remain

available until expended; of which $25,225,000 shall be available

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

implementation of other enacted water rights settlements; of which

$8,000,000 shall be available for Tribal compact administration,

economic development and future water supplies facilities under

Public Law 106–163; of which $2,127,000 shall be available pursuant to Public Laws 99–264, 100–383, 100–580 and 103–402; and

of which $2,000,000 shall be available for the consent decree entered

by the U.S. District Court, Western District of Michigan in United

States v. Michigan, Case No. 2:73 CV 26.

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed loans, $4,500,000, as authorized

by the Indian Financing Act of 1974, as amended: Provided, That

such costs, including the cost of modifying such loans, shall be

as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That these funds are available to subsidize total

loan principal, any part of which is to be guaranteed, not to exceed

$59,682,000.

In addition, for administrative expenses to carry out the

guaranteed loan programs, $488,000.

ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation

of Indian programs by direct expenditure, contracts, cooperative

agreements, compacts and grants, either directly or in cooperation

with States and other organizations.

Appropriations for the Bureau of Indian Affairs (except the

revolving fund for loans, the Indian loan guarantee and insurance

fund, and the Indian Guaranteed Loan Program account) shall

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

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

be for replacement only.

Notwithstanding any other provision of law, no funds available

to the Bureau of Indian Affairs for central office operations, pooled

overhead general administration (except facilities operations and

maintenance), or provided to implement the recommendations of

the National Academy of Public Administration’s August 1999

report shall be available for tribal contracts, grants, compacts,

or cooperative agreements with the Bureau of Indian Affairs under

the provisions of the Indian Self-Determination Act or the Tribal

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

In the event any tribe returns appropriations made available

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

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

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

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 937

relationship between the United States and that tribe, or that

tribe’s ability to access future appropriations.

Notwithstanding any other provision of law, no funds available

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

to support the operation of any elementary or secondary school

in the State of Alaska.

Appropriations made available in this or any other Act for

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

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

available to the Bureau shall be used to support expanded grades

for any school or dormitory beyond the grade structure in place

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

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

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

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

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

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

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

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

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

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

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

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

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

located if the charter school loses such funding. Employees of

Bureau-funded schools sharing a campus with a charter school

and performing functions related to the charter school’s operation

and employees of a charter school shall not be treated as Federal

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

Code (commonly known as the ‘‘Federal Tort Claims Act’’). Not

later than June 15, 2001, the Secretary of the Interior shall evaluate

the effectiveness of Bureau-funded schools sharing facilities with

charter schools in the manner described in the preceding sentence

and prepare and submit a report on the finding of that evaluation

to the Committees on Appropriations of the Senate and of the

House.

DEPARTMENTAL OFFICES

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the

jurisdiction of the Department of the Interior, $75,471,000, of which:

(1) $71,076,000 shall be available until expended for technical

assistance, including maintenance assistance, disaster assistance,

insular management controls, coral reef initiative activities, and

brown tree snake control and research; grants to the judiciary

in American Samoa for compensation and expenses, as authorized

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

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

support of governmental functions; grants to the Government of

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

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

of the Northern Mariana Islands as authorized by law (Public

114 STAT. 938 PUBLIC LAW 106–291—OCT. 11, 2000

Law 94–241; 90 Stat. 272); and (2) $4,395,000 shall be available

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

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

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

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

Provided further, That Northern Mariana Islands Covenant grant

funding shall be provided according to those terms of the Agreement

of the Special Representatives on Future United States Financial

Assistance for the Northern Mariana Islands approved by Public

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

technical assistance, not to exceed $300,000 may be made available

for transfer to the Disaster Assistance Direct Loan Program Account

of the Federal Emergency Management Agency for the purpose

of covering the cost of forgiving a portion of the obligation of

the Government of the Virgin Islands to pay interest which has

accrued on Community Disaster Loan 841 during fiscal year 2000,

as required by section 504 of the Congressional Budget Act of

1974, as amended (2 U.S.C. 661c): Provided further, That of the

amounts provided for technical assistance, sufficient funding shall

be made available for a grant to the Close Up Foundation: Provided

further, That of the amounts provided for technical assistance,

the amount of $700,000 shall be made available to the Prior Service

Benefits Trust Fund for its program of benefit payments to individuals: Provided further, That none of this amount shall be used

for administrative expenses of the Prior Service Benefits Trust

Fund: Provided further, That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure in American Samoa, Guam, the Virgin Islands,

the Commonwealth of the Northern Mariana Islands, the Republic

of Palau, the Republic of the Marshall Islands, and the Federated

States of Micronesia through assessments of long-range operations

maintenance needs, improved capability of local operations and

maintenance institutions and agencies (including management and

vocational education training), and project-specific maintenance

(with territorial participation and cost sharing to be determined

by the Secretary based on the individual territory’s commitment

to timely maintenance of its capital assets): Provided further, That

any appropriation for disaster assistance under this heading in

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

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

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

COMPACT OF FREE ASSOCIATION

For economic assistance and necessary expenses for the Federated States of Micronesia and the Republic of the Marshall Islands

as provided for in sections 122, 221, 223, 232, and 233 of the

Compact of Free Association, and for economic assistance and necessary expenses for the Republic of Palau as provided for in sections

122, 221, 223, 232, and 233 of the Compact of Free Association,

$20,745,000, to remain available until expended, as authorized by

Public Law 99–239 and Public Law 99–658.

Grants.

Close Up

Foundation.

48 USC 1469b.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 939

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for management of the Department of the Interior, $64,319,000, of which not to exceed $8,500 may

be for official reception and representation expenses, of which up

to $1,000,000 shall be available for workers compensation payments

and unemployment compensation payments associated with the

orderly closure of the United States Bureau of Mines, and of which

$300,000 shall be for a grant to Alaska Pacific University for

the development of an ANILCA training curriculum.

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor,

$40,196,000.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General,

$27,846,000.

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants,

$82,628,000, to remain available until expended: Provided, That

funds for trust management improvements may be transferred,

as needed, to the Bureau of Indian Affairs ‘‘Operation of Indian

Programs’’ account and to the Departmental Management ‘‘Salaries

and Expenses’’ account: Provided further, That funds made available

to Tribes and Tribal organizations through contracts or grants

obligated during fiscal year 2001, as authorized by the Indian

Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain

available until expended by the contractor or grantee: Provided

further, That notwithstanding any other provision of law, the

statute of limitations shall not commence to run on any claim,

including any claim in litigation pending on the date of the enactment of this Act, concerning losses to or mismanagement of trust

funds, until the affected tribe or individual Indian has been furnished with an accounting of such funds from which the beneficiary

can determine whether there has been a loss: Provided further,

That notwithstanding any other provision of law, the Secretary

shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for

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

further, That the Secretary shall issue an annual account statement

and maintain a record of any such accounts and shall permit

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

written request of the account holder.

25 USC 4011

note.

Records.

25 USC 4011

note.

114 STAT. 940 PUBLIC LAW 106–291—OCT. 11, 2000

INDIAN LAND CONSOLIDATION

For implementation of a program for consolidation of fractional

interests in Indian lands and expenses associated with redetermining and redistributing escheated interests in allotted lands by

direct expenditure or cooperative agreement, $9,000,000, to remain

available until expended and which may be transferred to the

Bureau of Indian Affairs and Departmental Management, of which

not to exceed $1,000,000 shall be available for administrative

expenses: Provided, That the Secretary may enter into a cooperative

agreement, which shall not be subject to Public Law 93–638, as

amended, with a tribe having jurisdiction over the reservation to

implement the program to acquire fractional interests on behalf

of such tribe: Provided further, That the Secretary may develop

a reservation-wide system for establishing the fair market value

of various types of lands and improvements to govern the amounts

offered for acquisition of fractional interests: Provided further, That

acquisitions shall be limited to one or more reservations as determined by the Secretary: Provided further, That funds shall be

available for acquisition of fractional interests in trust or restricted

lands with the consent of its owners and at fair market value,

and the Secretary shall hold in trust for such tribe all interests

acquired pursuant to this program: Provided further, That all proceeds from any lease, resource sale contract, right-of-way or other

transaction derived from the fractional interests shall be credited

to this appropriation, and remain available until expended, until

the purchase price paid by the Secretary under this appropriation

has been recovered from such proceeds: Provided further, That

once the purchase price has been recovered, all subsequent proceeds

shall be managed by the Secretary for the benefit of the applicable

tribe or paid directly to the tribe.

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment activities by

the Department of the Interior necessary to carry out the provisions

of the Comprehensive Environmental Response, Compensation, and

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

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

Oil Pollution Act of 1990 (Public Law 101–380) (33 U.S.C. 2701

et seq.), and Public Law 101–337, as amended (16 U.S.C. 19jj

et seq.), $5,403,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition from available

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

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

purchase or through available excess surplus property: Provided,

That notwithstanding any other provision of law, existing aircraft

being replaced may be sold, with proceeds derived or trade-in value

used to offset the purchase price for the replacement aircraft: Provided further, That no programs funded with appropriated funds

in the ‘‘Departmental Management’’, ‘‘Office of the Solicitor’’, and

‘‘Office of Inspector General’’ may be augmented through the

Working Capital Fund or the Consolidated Working Fund.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 941

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

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

the approval of the Secretary, for the emergency reconstruction,

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

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

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

been exhausted: Provided further, That all funds used pursuant

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

requirements’’ pursuant to section 251(b)(2)(A) of the Balanced

Budget and Emergency Deficit Control Act of 1985, and must be

replenished by a supplemental appropriation which must be

requested as promptly as possible.

SEC. 102. The Secretary may authorize the expenditure or

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

to the amounts included in the budget programs of the several

agencies, for the suppression or emergency prevention of wildland

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

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

other unavoidable causes; for contingency planning subsequent to

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

suppression, and control of actual or potential grasshopper and

Mormon cricket outbreaks on lands under the jurisdiction of the

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

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

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

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

assumption of regulatory authority in the event a primacy State

is not carrying out the regulatory provisions of the Surface Mining

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

fire operations shall be available for the payment of obligations

incurred during the preceding fiscal year, and for reimbursement

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

other equipment in connection with their use for wildland fire

operations, such reimbursement to be credited to appropriations

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

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

under this authority until the Secretary determines that funds

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

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

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

requirements’’ pursuant to section 251(b)(2)(A) of the Balanced

Budget and Emergency Deficit Control Act of 1985, and must be

replenished by a supplemental appropriation which must be

requested as promptly as possible: Provided further, That such

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

basis, accounts from which emergency funds were transferred.

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

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

wherever consolidation of activities will contribute to efficiency or

114 STAT. 942 PUBLIC LAW 106–291—OCT. 11, 2000

economy, and said appropriations shall be reimbursed for services

rendered to any other activity in the same manner as authorized

by sections 1535 and 1536 of title 31, United States Code: Provided, That reimbursements for costs and supplies, materials, equipment,

and for services rendered may be credited to the appropriation

current at the time such reimbursements are received.

SEC. 104. Appropriations made to the Department of the

Interior in this title shall be available for services as authorized

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

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

hire of passenger motor vehicles; purchase of reprints; payment

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

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

in societies or associations which issue publications to members

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

are not members.

SEC. 105. Appropriations available to the Department of the

Interior for salaries and expenses shall be available for uniforms

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

and D.C. Code 4–204).

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

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

at any time during the fiscal year.

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

by the Department of the Interior for the conduct of offshore leasing

and related activities placed under restriction in the President’s

moratorium statement of June 26, 1990, in the areas of northern,

central, and southern California; the North Atlantic; Washington

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

north latitude and east of 86 degrees west longitude.

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

by the Department of the Interior for the conduct of offshore oil

and natural gas preleasing, leasing, and related activities, on lands

within the North Aleutian Basin planning area.

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

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

gas preleasing, leasing and related activities in the eastern Gulf

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

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

Gas Leasing Program, 1997–2002.

SEC. 110. No funds provided in this title may be expended

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

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

South Atlantic planning areas.

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

tribes, tribal organizations, and tribal consortia pursuant to the

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

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

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

organization, or consortium before such funds are expended for

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

so long as such funds are—

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

consortium only in obligations of the United States, or in obligations or securities that are guaranteed or insured by the United

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 943

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

and Exchange Commission and which only invest in obligations

of the United States or securities that are guaranteed or insured

by the United States; or

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

agency or instrumentality of the United States, or are fully

collateralized to ensure protection of the funds, even in the

event of a bank failure.

SEC. 112. Notwithstanding any other provisions of law, the

National Park Service shall not develop or implement a reduced

entrance fee program to accommodate non-local travel through a

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

allowing each unit to develop guidelines and permits for such

activity appropriate to that unit.

SEC. 113. Refunds or rebates received on an on-going basis

from a credit card services provider under the Department of the

Interior’s charge card programs, hereafter may be deposited to

and retained without fiscal year limitation in the Departmental

Working Capital Fund established under 43 U.S.C. 1467 and used

to fund management initiatives of general benefit to the Department

of the Interior’s bureaus and offices as determined by the Secretary

or his designee.

SEC. 114. Appropriations made in this Act under the headings

Bureau of Indian Affairs and Office of Special Trustee for American

Indians and any available unobligated balances from prior appropriations Acts made under the same headings, shall be available

for expenditure or transfer for Indian trust management activities

pursuant to the Trust Management Improvement Project High Level

Implementation Plan.

SEC. 115. Notwithstanding any provision of law, hereafter the

Secretary of the Interior is authorized to negotiate and enter into

agreements and leases, without regard to section 321 of chapter

314 of the Act of June 30, 1932 (40 U.S.C. 303b), with any person,

firm, association, organization, corporation, or governmental entity

for all or part of the property within Fort Baker administered

by the Secretary as part of Golden Gate National Recreation Area.

The proceeds of the agreements or leases shall be retained by

the Secretary and such proceeds shall be available, without future

appropriation, for the preservation, restoration, operation, maintenance and interpretation and related expenses incurred with respect

to Fort Baker properties.

SEC. 116. A grazing permit or lease that expires (or is transferred) during fiscal year 2001 shall be renewed under section

402 of the Federal Land Policy and Management Act of 1976,

as amended (43 U.S.C. 1752) or if applicable, section 510 of the

California Desert Protection Act (16 U.S.C. 410aaa–50). The terms

and conditions contained in the expiring permit or lease shall

continue in effect under the new permit or lease until such time

as the Secretary of the Interior completes processing of such permit

or lease in compliance with all applicable laws and regulations,

at which time such permit or lease may be canceled, suspended

or modified, in whole or in part, to meet the requirements of

such applicable laws and regulations. Nothing in this section shall

be deemed to alter the Secretary’s statutory authority.

SEC. 117. Notwithstanding any other provision of law, for the

purpose of reducing the backlog of Indian probate cases in the

16 USC 460bb-3

note.

43 USC 1467a.

114 STAT. 944 PUBLIC LAW 106–291—OCT. 11, 2000

Department of the Interior, the hearing requirements of chapter

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

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

Code, governing the appointments in the competitive service, for

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

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

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

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

Code, governing the classification and pay of General Schedule

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

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

grade of the General Schedule, including locality pay.

SEC. 118. Notwithstanding any other provision of law, the

Secretary of the Interior is authorized to redistribute any Tribal

Priority Allocation funds, including tribal base funds, to alleviate

tribal funding inequities by transferring funds to address identified,

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

in Tribal Priority Allocation funds of more than 10 percent in

fiscal year 2001. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the

10 percent limitation does not apply.

SEC. 119. None of the funds in this Act may be used to establish

a new National Wildlife Refuge in the Kankakee River basin that

is inconsistent with the United States Army Corps of Engineers’

efforts to control flooding and siltation in that area. Written certification of consistency shall be submitted to the House and Senate

Committees on Appropriations prior to refuge establishment.

SEC. 120. The Great Marsh Trail at the Mason Neck National

Wildlife Refuge in Virginia is hereby named for Joseph V. Gartlan,

Jr. and shall hereafter be referred to in any law, document, or

records of the United States as the ‘‘Joseph V. Gartlan, Jr. Great

Marsh Trail’’.

SEC. 121. Funds appropriated for the Bureau of Indian Affairs

for postsecondary schools for fiscal year 2001 shall be allocated

among the schools proportionate to the unmet need of the schools

as determined by the Postsecondary Funding Formula adopted by

the Office of Indian Education Programs.

SEC. 122. (a) Notwithstanding any other provision of law, with

respect to amounts made available for tribal priority allocations

in Alaska, such amounts shall only be provided to tribes the membership of which on June 1, 2000 is composed of at least 25 individuals who are Natives (as such term is defined in section 3(b)

of the Alaska Native Claims Settlement Act) who reside in the

area generally known as the village for such tribe.

(b) Amounts that would have been made available for tribal

priority allocations in Alaska but for the limitation contained in

subsection (a) shall be provided to the respective Alaska Native

regional nonprofit corporation (as listed in section 103(a)(2) of Public

Law 104–193, 110 Stat. 2159) for the respective region in which

a tribe subject to subsection (a) is located, notwithstanding any

resolution authorized under federal law to the contrary.

SEC. 123. (a) In this section—

(1) the term ‘‘Huron Cemetery’’ means the lands that form

the cemetery that is popularly known as the Huron Cemetery,

Virginia.

Recreation and

recreational

areas.

16 USC 668dd

note.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 945

located in Kansas City, Kansas, as described in subsection

(b)(3); and

(2) the term ‘‘Secretary’’ means the Secretary of the

Interior.

(b)(1) The Secretary shall take such action as may be necessary

to ensure that the lands comprising the Huron Cemetery (as

described in paragraph (3)) are used only in accordance with this

subsection.

(2) The lands of the Huron Cemetery shall be used only—

(A) for religious and cultural uses that are compatible

with the use of the lands as a cemetery; and

(B) as a burial ground.

(3) The description of the lands of the Huron Cemetery is

as follows:

The tract of land in the NW quarter of sec. 10, T. 11 S.,

R. 25 E., of the sixth principal meridian, in Wyandotte County,

Kansas (as surveyed and marked on the ground on August 15,

1888, by William Millor, Civil Engineer and Surveyor), described

as follows:

‘‘Commencing on the Northwest corner of the Northwest

Quarter of the Northwest Quarter of said Section 10;

‘‘Thence South 28 poles to the ‘true point of beginning’;

‘‘Thence South 71 degrees East 10 poles and 18 links;

‘‘Thence South 18 degrees and 30 minutes West 28 poles;

‘‘Thence West 11 and one-half poles;

‘‘Thence North 19 degrees 15 minutes East 31 poles and

15 feet to the ‘true point of beginning’, containing 2 acres

or more.’’.

SEC. 124. None of the Funds provided in this Act shall be

available to the Bureau of Indian Affairs or the Department of

the Interior to transfer land into trust status for the Shoalwater

Bay Indian Tribe in Clark County, Washington, unless and until

the tribe and the county reach a legally enforceable agreement

that addresses the financial impact of new development on the

county, school district, fire district, and other local governments

and the impact on zoning and development.

SEC. 125. None of the funds provided in this Act may be

used by the Department of the Interior to implement the provisions

of Principle 3(C)ii and Appendix section 3(B)(4) in Secretarial Order

3206, entitled ‘‘American Indian Tribal Rights, Federal-Tribal Trust

Responsibilities, and the Endangered Species Act’’.

SEC. 126. No funds appropriated for the Department of the

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

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

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

the operation of the Glen Canyon Dam.

SEC. 127. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104–134, as amended by Public Law 104–

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

of reimbursement: Provided, That the Secretary may retain and

use any such reimbursement until expended and without further

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

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

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

SEC. 128. Section 112 of Public Law 103–138 (107 Stat. 1399)

is amended by striking ‘‘permit LP–GLBA005–93’’ and inserting

114 STAT. 946 PUBLIC LAW 106–291—OCT. 11, 2000

‘‘permit LP–GLBA005–93 and in connection with a corporate reorganization plan, the entity that, after the corporate reorganization,

holds entry permit CP–GLBA004–00 each’’.

SEC. 129. Notwithstanding any other provision of law, the

Secretary of the Interior shall designate Anchorage, Alaska, as

a port of entry for the purpose of section 9(f)(1) of the Endangered

Species Act of 1973 (16 U.S.C. 1538(f)(1)).

SEC. 130. (a) The first section of Public Law 92–501 (86 Stat.

904) is amended by inserting after the first sentence ‘‘The park

shall also include the land as generally depicted on the map entitled

‘subdivision of a portion of U.S. Survey 407, Tract B, dated May

12, 2000’ ’’.

(b) Section 3 of Public Law 92–501 is amended to read as

follows: ‘‘There are authorized to be appropriated such sums as

are necessary to carry out the terms of this Act.’’.

SEC. 131. (a) All proceeds, including bonuses, rents, and royalties, of Oil and Gas Lease sale 991, held by the Bureau of Land

Management on May 5, 1999, or subsequent lease sales in the

National Petroleum Reserve—Alaska (hereafter ‘‘proceeds’’) attributable to the area subject to withdrawal for Kuukpik Corporation’s

selection under section 22(j)(2) of the Alaska Native Claims Settlement Act, Public Law 92–203 (85 Stat. 688), shall be deposited

into a separate fund of the Treasury (hereafter ‘‘fund’’).

(b) Within 120 days after the date of enactment of this Act,

the Secretary of the Treasury shall transfer from the General

Fund to the fund an amount determined by the Secretary of the

Treasury, in consultation with the Secretary of the Interior, to

be equal to the amount of interest income that would have been

credited in the fund between May 5, 1999 and the date of enactment

of this Act. For the purposes of this subsection (b), the Secretary

of the Treasury shall calculate the interest income using a yield

for a 52-week Treasury bill issued on or about May 5, 1999.

(c) On the date of the enactment of this Act, the Secretary

of the Interior shall request the Secretary of the Treasury to invest

such portion of the fund as is not, in the Secretary of the Interior’s

judgment, required to meet current payment requirements from

the fund as determined under subsection (d). Such investments

shall be made by the Secretary of the Treasury in public debt

securities with maturities suitable to the needs of the fund, as

determined by the Secretary of the Interior, and bearing interest

at a rate determined by the Secretary of the Treasury, taking

into consideration current market yields on outstanding marketable

obligations of the United States of comparable maturity.

(d) Hereafter, amounts in the fund shall be available to the

Secretary of the Interior, without fiscal year limitation, and the

Secretary of the Interior shall pay to Arctic Slope Regional Corporation and the State of Alaska the amount of their entitlement when

determined in accordance with applicable law, together with

interest, as calculated by the Secretary of the Interior, from the

date of receipt of the proceeds by the United States to the date

of payment on the proportionate share of the fund distributed.

Any remainder shall revert to the General Fund of the Treasury.

SEC. 132. Notwithstanding any other provision of law, the

Secretary of the Interior shall convey to Harvey R. Redmond of

Girdwood, Alaska, at no cost, all right, title, and interest of the

United States in and to United States Survey No. 12192, Alaska,

Harvey R.

Redmond.

Effective date.

Deadline.

16 USC 431 note.

16 USC 431 note.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 947

consisting of 49.96 acres located in the vicinity of T. 9N., R., 3E.,

Seward Meridian, Alaska.

SEC. 133. CLARIFICATION OF TERMS OF CONVEYANCE TO NYE

COUNTY, NEVADA. Section 132(b)(3) of the Department of the

Interior and Related Agencies Appropriations Act, 2000 (113 Stat.

1535, 1501A–165), is amended—

(1) by redesignating subparagraph (B) as subparagraph

(C); and

(2) by inserting after subparagraph (A) the following:

‘‘(B) LEASE.—Notwithstanding any provision of the Act

of June 14, 1926 (commonly known as the ‘Recreation

and Public Purposes Act’) (43 U.S.C. 869 et seq.), the

county may enter into a long-term lease of any of the

parcels described in paragraph (2) with a nonprofit

organization under which the nonprofit organization would

own and operate the Nevada Science and Technology

Center for public, non-commercial purposes.’’.

SEC. 134. MISSISSIPPI RIVER ISLAND NO. 228, IOWA, LAND

EXCHANGE. (a) IDENTIFICATION OF LAND TO BE RECEIVED IN

EXCHANGE.—Not later than 180 days after the date of enactment

of this Act, the Secretary of the Interior, acting through the Director

of the United States Fish and Wildlife Service (referred to in this

section as the ‘‘Secretary’’), shall provide Dubuque Barge & Fleeting

Services, Inc. (referred to in this section as ‘‘Dubuque’’), a notice

that identifies parcels of land or interests in land—

(1) that are of a value that is approximately equal to

the value of a parcel comprising a 150-foot wide strip of land

on the west side of the northern half of Mississippi River

Island No. 228, as determined through an appraisal conducted

in conformity with the Uniform Appraisal Standards for Federal

Land Acquisition; and

(2) that the Secretary would consider acceptable in

exchange for all right, title, and interest of the United States

in and to that parcel.

(b) LAND FOR WILDLIFE AND FISH REFUGE.—Land or interests

in land that the Secretary may consider acceptable for the purposes

of subsection (a) include land or interests in land that would be

suitable for inclusion in the Upper Mississippi River Wildlife and

Fish Refuge.

(c) EXCHANGE.—Not later than 180 days after Dubuque offers

land or interests in land identified in the notice under subsection

(a), the Secretary shall convey all right, title, and interest of the

United States in and to the parcel described in subsection (a)

in exchange for the land or interests in land offered by Dubuque,

and shall permanently discontinue barge fleeting at the Mississippi

River island, Tract JO–4, Parcel A, in the W/2 SE/4, Section 30,

T.29N., R.2W., Jo Daviess County, Illinois, located between miles

#578 and #579, commonly known as Pearl Island.

SEC. 135. (a) FINDINGS.—The Senate makes the following

findings—

(1) in 1990, pursuant to the Indian Self-Determination

and Education Assistance Act (ISDEAA), 25 U.S.C. 450 et

seq., a class action lawsuit was filed by Indian tribal contractors

and tribal consortia against the United States, the Secretary

of the Interior and others seeking money damages, injunctive

relief, and declaratory relief for alleged violations of the

Deadline.

Deadline.

114 STAT. 948 PUBLIC LAW 106–291—OCT. 11, 2000

ISDEAA (Ramah Navajo Chapter v. Lujan, 112 F.3d 1455 (10th

Cir. 1997));

(2) the parties negotiated a partial settlement of the claim

totaling $76,200,000, plus applicable interest, which was

approved by the court on May 14, 1999;

(3) the partial settlement was paid by the United States

in September 1999, in the amount of $82,000,000;

(4) the Judgment Fund was established to pay for legal

judgments awarded to plaintiffs who have filed suit against

the United States;

(5) the Contract Disputes Act of 1978 requires that the

Judgment Fund be reimbursed by the responsible agency following the payment of an award from the Fund; and

(6) the shortfall in contract support payments found by

the Court of Appeals for the 10th Circuit in Ramah resulted

primarily from the non-payment or underpayment of indirect

costs by agencies other than the Bureau of Indian Affairs

and the Indian Health Service.

(b) SENSE OF THE SENATE.—It is the sense of the Senate that—

(1) repayment of the Judgment Fund for the partial settlement in Ramah from the accounts of the Bureau of Indian

Affairs and Indian Health Service would significantly reduce

funds appropriated to benefit tribes and individual Native

Americans; and

(2) the Secretary of the Interior should work with the

Director of the Office of Management and Budget to secure

funding for repayment of the judgment in Ramah within the

budgets of the agencies that did not pay indirect costs to plaintiffs during the period 1988 to 1993 or paid indirect costs

at less than rates provided under the Indian Self-Determination

Act during such period.

SEC. 136. In fiscal year 2001 and thereafter and notwithstanding any other provision of law, the United States Fish and

Wildlife Service shall establish and implement a fee schedule to

permit a return to the Service for forensic laboratory services provided to non-Department of the Interior entities. Fees shall be

collected as determined appropriate by the Director of the Fish

and Wildlife Service and shall be credited to this appropriation

and be available for expenditure without further appropriation until

expended.

SEC. 137. BOUNDARY ADJUSTMENT TO EXCLUDE PRIVATE LAND

AND ACCESS ROAD, ARGUS RANGE WILDERNESS, CALIFORNIA DESERT

CONSERVATION AREA. (a) BOUNDARY ADJUSTMENT.—The boundary

of the Argus Range Wilderness in the California Desert Conservation Area, as designated by section 102(a)(1) of the California Desert

Protection Act of 1994 (Public Law 103–433; 16 U.S.C. 1132 note)

is adjusted to exclude from the area encompassed by the

wilderness—

(1) a parcel of private property located in the southwest

quarter of the northeast quarter of section 35, township 21

south, range 42 east, Mount Diablo meridian, Inyo County,

California; and

(2) the roadway described in subsection (b) that is used

to access the private property.

(b) DESCRIPTION OF ROADWAY.—The roadway referred to in

subsection (a) means—

16 USC 754d.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 949

(1) the main stem of the road running east and west

through sections 35 and 36, township 21 south, range 42 east,

and section 31, township 21 south, range 43 east, Mount Diablo

meridian, to the point where the main stem first divides into

two branches to provide access to the parcel of private property

described in subsection (a) from the east and the north; and

(2) each of the two branches of that road, as described

in paragraph (1).

(c) LEGAL DESCRIPTION OF EXCLUDED AREA.—The exact acreage

and legal description of the area to be excluded from the wilderness

area pursuant to subsection (a) shall be determined by a survey

satisfactory to the Secretary. The cost of the survey shall be borne

by the Secretary. In connection with the main stem of the roadway

described in subsection (b)(1), the Secretary shall exclude, at a

minimum, all lands within 30 feet of the center line of the roadway.

SEC. 138. (a) Pursuant to the provisions of section 4(a)(3) of

the National Wildlife Refuge System Administration Act (16 U.S.C.

668dd(a)(3)), the Secretary of the Interior is directed to remove

from the Columbia National Wildlife Refuge all right, title and

interest of the United States in and to the following described

properties:

Lots 1 and 2 of Block 144, in Othello Land Company’s

First Addition to Othello according to the recorded plat thereof,

together with all lands presently or formerly occupied by public

thoroughfares or rights of way abutting or adjoining the above

described land, in the County of Adams, State of Washington,

T.16 N., R.29E., W.M.

and to transfer said property without compensation to the City

of Othello, Washington.

(b) The property conveyed under this section shall be used

for public housing or other public purpose, and all right, title

and interest in and to such property shall revert to the United

States if it is used for any other purpose.

(c) The City of Othello shall hold the United States harmless,

and shall indemnify the United States, for all claims, costs, damages, and judgements arising out of any act or omission relating

to the property conveyed under this section.

SEC. 139. Section 412(b) of the National Parks Omnibus

Management Act of 1998, as amended (16 U.S.C. 5961) is amended

by striking ‘‘2000’’ and inserting ‘‘2001’’.

SEC. 140. Notwithstanding other provisions of law, the National

Park Service may authorize, through cooperative agreement, the

Golden Gate National Parks Association to provide fee-based education, interpretive and visitor service functions within the Crissy

Field and Fort Point areas of the Presidio.

SEC. 141. The building housing the visitors center within the

boundaries of the Chincoteague National Wildlife Refuge on

Assateague Island, Virginia, shall be known and designated as

the ‘‘Herbert H. Bateman Educational and Administrative Center’’

and shall hereafter be referred to in any law, map, regulation,

document, paper, or other record of the United States as the ‘‘Herbert H. Bateman Educational and Administrative Center’’.

SEC. 142. Notwithstanding 31 U.S.C. 3302(b), sums received

by the Bureau of Land Management for the sale of seeds or seedlings including those collected in fiscal year 2000, may be credited

to the appropriation from which funds were expended to acquire

16 USC 459f-5

note.

16 USC 668dd

note.

114 STAT. 950 PUBLIC LAW 106–291—OCT. 11, 2000

or grow the seeds or seedlings and are available without fiscal

year limitation.

SEC. 143. Public Law 105–83 (111 Stat. 1556) is amended

as follows: Under the heading ‘‘Operation of Indian Programs’’

in the Bureau of Indian Affairs strike ‘‘non-Federal’’ in the last

proviso and insert in lieu thereof ‘‘non-Department of the Interior’’.

SEC. 144. (a) Notwithstanding any other provision of law, and

subject to subsections (b) and (c), all conveyances to the city of

Valley City, a municipal corporation of Barnes County, North

Dakota, of lands described in subsection (b), heretofore or hereafter

made directly by The Burlington Northern and Santa Fe Railway

Company or its successors, are hereby validated to the extent that

the conveyances would be legal and valid if all right, title, and

interest of the United States, except minerals, were held by The

Burlington Northern and Santa Fe Railway Company.

(b) LANDS DESCRIBED.—The lands referred to in subsection

(a) are the land that formed part of the railroad right-of-way granted

to the Northern Pacific Railroad Company, a predecessor to The

Burlington Northern and Santa Fe Railway Company, by an Act

of Congress on July 2, 1864, specifically a 400-foot wide rightof-way, being 200 feet wide on each side of the centerline of the

rail track as originally located and constructed between milepost

69.05 and milepost 61.10 within Barnes County, North Dakota,

as shown and described on the map entitled ‘‘City of Valley City—

Railroad Parcels’’ dated September 1, 2000. Such map shall be

placed on file and available for inspection in the offices of the

Director of the Bureau of Land Management.

(c) ACCESS AND MINERAL RIGHTS.—

(1) PRESERVATION OF RIGHTS OF ACCESS.—Nothing in this

section shall impair any rights of access in favor of the public

or any owner of adjacent lands over, under, or across the

lands described in section 2.

(2) MINERALS.—The United States reserves any federally

owned mineral rights in the lands described in subsection (b),

except that the United States disclaims any and all right of

surface entry to the mineral estate of such lands.

SEC. 145. (a) SHORT TITLE.—This section may be cited as the

‘‘First Ladies National Historic Site Act of 2000’’.

(b) FIRST LADIES NATIONAL HISTORIC SITE.—

(1) FINDINGS.—The Congress finds the following:

(A) Throughout the history of the United States, First

Ladies have had an important impact on our Nation’s

history.

(B) Little attention has been paid to the role of First

Ladies and their impact on our Nation’s history.

(C) Establishment of the First Ladies National Historic

Site will provide unique opportunities for education and

study into the impact of First Ladies on our history.

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

(A) To preserve and interpret the role and history

of First Ladies for the benefit, inspiration, and education

of the people of the United States.

(B) To interpret the impact of First Ladies on the

history of the United States.

(C) To provide to school children and scholars access

to information about the contributions of First Ladies

First Ladies

National Historic

Site Act of 2000.

16 USC 461 note.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 951

through both a physical educational facility and an electronic virtual library.

(D) To establish the First Ladies National Historic

Site in Canton, Ohio, the home of First Lady Ida Saxton

McKinley.

(E) To create a public-private partnership between the

National Park Service and the National First Ladies

Library.

(3) ESTABLISHMENT OF FIRST LADIES NATIONAL HISTORIC

SITE.—

(A) ESTABLISHMENT.—There is established in Canton,

Ohio, the First Ladies National Historic Site.

(B) DESCRIPTION.—The historic site shall consist of—

(i) the land and improvements comprising the

National Park Service property located at 331 Market

Avenue South in Canton, Ohio, known as the Ida

Saxton McKinley House; and

(ii) if acquired under subsection (b)(4), National

Park Service property located at 205 Market Avenue

South in Canton, Ohio, known as the City National

Bank Building.

(4) ACQUISITION OF CITY NATIONAL BANK BUILDING.—The

Secretary may acquire by donation, for inclusion in the historic

site, the property located at 205 Market Avenue South in

Canton, Ohio, known as the City National Bank Building.

(5) ADMINISTRATION OF THE HISTORIC SITE.—

(A) IN GENERAL.—The Secretary shall administer the

historic site in accordance with this section and the provisions of law generally applicable to units of the National

Park System, including the Act entitled ‘‘An Act to establish

a National Park Service, and for other purposes’’, approved

August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of

August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C.

461 et seq.).

(B) COOPERATIVE AGREEMENTS.—

(i) To further the purposes of this section, the

Secretary may enter into a cooperative agreement with

the National First Ladies Library (a nonprofit corporation established under the laws of the District of

Columbia) under which the National First Ladies

Library may operate and maintain the site.

(ii) To further the purposes of this section, the

Secretary may enter into cooperative agreements with

other public and private organizations.

(C) ASSISTANCE.—The Secretary may provide to the

National First Ladies Library—

(i) technical assistance for the preservation of historic structures of, the maintenance of the cultural

landscape of, and local preservation planning for, the

historic site; and

(ii) subject to the availability of appropriations,

financial assistance for the operation and maintenance

of the historic site.

(D) ADMISSION FEES.—The Secretary may authorize

the National First Ladies Library to—

(i) charge fees for admission to the historic site;

and

114 STAT. 952 PUBLIC LAW 106–291—OCT. 11, 2000

(ii) retain and use for the historic site amounts

paid as such fees.

(E) MANAGEMENT OF PROPERTY.—The Secretary may

authorize the National First Ladies Library—

(i) to manage any property within the historic

site;

(ii) to lease to other public or private entities any

property managed under subparagraph (i) by the

National First Ladies Library; and

(iii) to retain and use for the historic site amounts

received under such leases.

(6) GENERAL MANAGEMENT PLAN.—

(A) IN GENERAL.—Not later than the last day of the

third full fiscal year beginning after the date of enactment

of this Act, the Secretary shall, in consultation with the

officials described in paragraph (B), prepare a general

management plan for the historic site.

(B) CONSULTATION.—In preparing the general management plan, the Secretary shall consult with an appropriate

official of—

(i) the National First Ladies Library; and

(ii) appropriate political subdivisions of the State

of Ohio that have jurisdiction over the area where

the historic site is located.

(C) SUBMISSION OF PLAN TO CONGRESS.—Upon the

completion of the general management plan, the Secretary

shall submit a copy of the plan to the Committee on Energy

and Natural Resources of the Senate and the Committee

on Resources of the House of Representatives.

(7) DEFINITIONS.—In this section:

(A) HISTORIC SITE.—The term ‘‘historic site’’ means

the First Ladies National Historic Site established by subsection (b)(3).

(B) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.

SEC. 146. (a) CONTRIBUTIONS TOWARD ESTABLISHMENT OF

ABRAHAM LINCOLN INTERPRETIVE CENTER.—

(1) GRANTS AUTHORIZED.—Subject to subsections (a)(2) and

(a)(3), the Secretary of the Interior shall make grants to contribute funds for the establishment in Springfield, Illinois, of

an interpretive center to preserve and make available to the

public materials related to the life of President Abraham Lincoln and to provide interpretive and educational services which

communicate the meaning of the life of Abraham Lincoln.

(2) PLAN AND DESIGN.—

(A) SUBMISSION.—Not later than 18 months after the

date of the enactment of this Act, the entity selected by

the Secretary of the Interior to receive grants under subsection (a)(1) shall submit to the Secretary a plan and

design for the interpretive center, including a description

of the following:

(i) The design of the facility and site.

(ii) The method of acquisition.

(iii) The estimated cost of acquisition, construction,

operation, and maintenance.

Deadline.

Deadline.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 953

(iv) The manner and extent to which non-Federal

entities will participate in the acquisition, construction,

operation, and maintenance of the center.

(B) CONSULTATION AND COOPERATION.—The plan and

design for the interpretive center shall be prepared in

consultation with the Secretary of the Interior and the

Governor of Illinois and in cooperation with such other

public, municipal, and private entities as the Secretary

considers appropriate.

(3) CONDITIONS ON GRANT.—

(A) MATCHING REQUIREMENT.—A grant under subsection (a)(1) may not be made until such time as the

entity selected to receive the grant certifies to the Secretary

of the Interior that funds have been contributed by the

State of Illinois or raised from non-Federal sources for

use to establish the interpretive center in an amount equal

to at least double the amount of that grant.

(B) RELATION TO OTHER LINCOLN-RELATED SITES AND

MUSEUMS.—The Secretary of the Interior shall further

condition the grant under subsection (a)(1) on the agreement of the grant recipient to operate the resulting

interpretive center in cooperation with other Federal and

non-Federal historic sites, parks, and museums that represent significant locations or events in the life of Abraham

Lincoln. Cooperative efforts to promote and interpret the

life of Abraham Lincoln may include the use of cooperative

agreements, cross references, cross promotion, and shared

exhibits.

(4) PROHIBITION ON CONTRIBUTION OF OPERATING FUNDS.—

Grant amounts may not be used for the maintenance or operation of the interpretive center.

(5) NON-FEDERAL OPERATION.—The Secretary of the Interior

shall have no involvement in the actual operation of the

interpretive center, except at the request of the non-Federal

entity responsible for the operation of the center.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary of the Interior a total of

$50,000,000 to make grants under subsection (a)(1). Amounts so

appropriated shall remain available for expenditure through fiscal

year 2006.

SEC. 147. (a) SHORT TITLE.—This section may be cited as the

‘‘Palace of the Governors Annex Act’’.

(b) CONSTRUCTION OF PALACE OF THE GOVERNORS ANNEX,

SANTA FE, NEW MEXICO.—

(1) FINDINGS.—Congress finds that—

(A) the United States has a rich legacy of Hispanic

influence in politics, government, economic development,

and cultural expression;

(B) the Palace of the Governors—

(i) has been the center of administrative and cultural activity over a vast region of the Southwest since

its construction as New Mexico’s second capitol in

Santa Fe by Governor Pedro de Peralta in 1610;

(ii) is the oldest continuously occupied public

building in the continental United States, having been

occupied for 390 years; and

Palace of the

Governors Annex

Act.

114 STAT. 954 PUBLIC LAW 106–291—OCT. 11, 2000

(iii) has been designated as a National Historic

Landmark;

(C) since its creation, the Museum of New Mexico

has worked to protect and promote Southwestern, Hispanic,

and Native American arts and crafts;

(D) the Palace of the Governors houses the history

division of the Museum of New Mexico;

(E) the Museum has an extensive, priceless, and

irreplaceable collection of—

(i) Spanish Colonial paintings (including the

Segesser Hide Paintings, paintings on buffalo hide

dating back to 1706);

(ii) pre-Columbian Art; and

(iii) historic artifacts, including—

(I) helmets and armor worn by the Don Juan

de On ̃ate expedition conquistadors who established

the first capital in the territory that is now the

United States, San Juan de los Caballeros, in July

1598;

(II) the Vara Stick used to measure land

grants and other real property boundaries in Dona

Ana County, New Mexico;

(III) the Columbus, New Mexico Railway Station clock that was shot, stopping the pendulum,

freezing for all history the moment when Pancho

Villa’s raid began;

(IV) the field desk of Brigadier General Stephen Watts Kearny, who was posted to New

Mexico during the Mexican War and whose Army

of the West traveled the Santa Fe trail to occupy

the territories of New Mexico and California; and

(V) more than 800,000 other historic photographs, guns, costumes, maps, books, and handicrafts;

(F) the Palace of the Governors and its contents are

included in the Mary C. Skaggs Centennial Collection of

America’s Treasures;

(G) the Palace of the Governors and the Segesser Hide

paintings have been declared national treasures by the

National Trust for Historic Preservation; and

(H) time is of the essence in the construction of an

annex to the Palace of the Governors for the exhibition

and storing of the collection described in paragraph (E),

because—

(i) the existing facilities for exhibiting and storing

the collection are so inadequate and unsuitable that

existence of the collection is endangered and its

preservation is in jeopardy; and

(ii) 2010 marks the 400th anniversary of the

continuous occupation and use of the Palace of the

Governors and is an appropriate date for ensuring

the continued viability of the collection.

(2) DEFINITIONS.—In this section:

(A) ANNEX.—The term ‘‘Annex’’ means the annex for

the Palace of the Governors of the Museum of New Mexico,

to be constructed behind the Palace of the Governors

building at 110 Lincoln Avenue, Santa Fe, New Mexico.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 955

(B) OFFICE.—The term ‘‘Office’’ means the State Office

of Cultural Affairs.

(C) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.

(D) STATE.—The term ‘‘State’’ means the State of New

Mexico.

(3) GRANT.—

(A) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall make a grant to the Office

to pay 50 percent of the costs of the final design, construction, management, inspection, furnishing, and equipping

of the Annex.

(B) REQUIREMENTS.—Subject to the availability of

appropriations, to receive a grant under this paragraph

(A), the Office shall—

(i) submit to the Secretary a copy of the architectural blueprints for the Annex; and

(ii) enter into a memorandum of understanding

with the Secretary under subsection ((b)(4).

(4) MEMORANDUM OF UNDERSTANDING.—At the request of

the Office, the Secretary shall enter into a memorandum of

understanding with the Office that—

(A) requires that the Office award the contract for

construction of the Annex after a competitive bidding

process and in accordance with the New Mexico Procurement Code; and

(B) specifies a date for completion of the Annex.

(5) NON-FEDERAL SHARE.—The non-Federal share of the

costs of the final design, construction, management, inspection,

furnishing, and equipping of the Annex—

(A) may be in cash or in kind fairly evaluated, including

land, art and artifact collections, plant, equipment, or services; and

(B) shall include any contribution received by the State

(including contributions from the New Mexico Foundation

and other endowment funds) for, and any expenditure made

by the State for, the Palace of the Governors or the Annex,

including—

(i) design;

(ii) land acquisition (including the land at 110

Lincoln Avenue, Santa Fe, New Mexico);

(iii) acquisitions for and renovation of the library;

(iv) conservation of the Palace of the Governors;

(v) construction, management, inspection, furnishing, and equipping of the Annex; and

(vi) donations of art collections and artifacts to

the Museum of New Mexico on or after the date of

enactment of this section.

(6) USE OF FUNDS.—The funds received under a grant

awarded under subsection (b)(3) shall be used only for the

final design, construction, management, inspection, furnishing

and equipment of the Annex.

(7) AUTHORIZATION OF APPROPRIATIONS.—

(A) IN GENERAL.—Subject to paragraph (B), subject

to the availability of appropriations, there is authorized

to be appropriated to the Secretary to carry out this section

$15,000,000, to remain available until expended.

114 STAT. 956 PUBLIC LAW 106–291—OCT. 11, 2000

(B) CONDITION.—Paragraph (A) authorizes sums to be

appropriated on the condition that—

(i) after the date of enactment of this section and

before January 1, 2010, the State appropriate at least

$8,000,000 to pay the costs of the final design, construction, management, inspection, furnishing, and equipping of the Annex; and

(ii) other non-Federal sources provide sufficient

funds to pay the remainder of the 50 percent nonFederal share of those costs.

SEC. 148. (a) Section 104 of the Act entitled ‘‘An Act to establish

in the Department of the Interior the Southwestern Pennsylvania

Heritage Preservation Commission, and for other purposes’’,

approved November 19, 1988 (Public Law 100–698) is amended—

(1) in the flush material at the end of subsection (a),

by striking ‘‘10 years’’ and inserting ‘‘20 years’’; and

(2) in subsection (e), by striking ‘‘10 years’’ and inserting

‘‘20 years’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 105 of the

Act entitled ‘‘An Act to establish in the Department of the Interior

the Southwestern Pennsylvania Heritage Preservation Commission,

and for other purposes’’, approved November 19, 1988 (Public Law

100–698) is amended by inserting ‘‘for each of fiscal years 2001

through 2010’’ after ‘‘$3,000,000’’.

(c) EFFECTIVE DATE.—The amendment made by section 1 shall

be deemed to have taken effect on November 18, 1998.

SEC. 149. REDESIGNATION OF CUYAHOGA VALLEY NATIONAL

RECREATION AREA AS CUYAHOGA VALLEY NATIONAL PARK. (a)

REDESIGNATION.—The Cuyahoga Valley National Recreation Area

is redesignated as Cuyahoga Valley National Park.

(b) REFERENCES.—Any reference in a law, map, regulation,

document, paper, or other record of the United States to the Cuyahoga Valley National Recreation Area is deemed to be a reference

to Cuyahoga Valley National Park.

(c) CONFORMING AMENDMENTS.—The Act entitled ‘‘An Act to

provide for the establishment of the Cuyahoga Valley National

Recreation Area’’ (Public Law 93–555; 16 U.S.C. 460ff et seq.),

approved December 27, 1974, is amended—

(1) in section 1 by striking ‘‘National Recreation Area’’

and inserting ‘‘National Park’’; and

(2) by striking ‘‘recreation area’’ each place it appears and

inserting ‘‘park’’.

(d) CLERICAL AMENDMENTS.—Section 5 of such Act (16 U.S.C.

460ff–4) is repealed, and section 6 of such Act (16 U.S.C. 460ff–

5) is redesignated as section 5.

Sec. 150. (a) SHORT TITLE.—This section may be cited as the

‘‘National Underground Railroad Freedom Center Act’’.

(b) FINDINGS AND PURPOSES.—

(1) FINDINGS.—Congress finds that—

(A) the National Underground Railroad Freedom

Center (hereinafter ‘‘Freedom Center’’) is a nonprofit

organization incorporated under the laws of the State of

Ohio in 1995;

(B) the objectives of the Freedom Center are to interpret the history of the Underground Railroad through

development of a national cultural institution in Cincinnati,

Ohio, that will house an interpretive center, including

16 USC 469l–2

note.

National

Underground

Railroad

Freedom Center

Act.

16 USC 461 note.

16 USC 460ff.

16 USC 460ff

note.

16 USC 460ff

note.

16 USC 461 note.

16 USC 461 note.

16 USC 461 note.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 957

museum, educational, and research facilities, all dedicated

to communicating to the public the importance of the quest

for human freedom which provided the foundation for the

historic and inspiring story of the Underground Railroad;

(C) the city of Cincinnati has granted exclusive development rights for a prime riverfront location to the Freedom

Center;

(D) the Freedom Center will be a national center linked

through state-of-the-art technology to Underground Railroad sites and facilities throughout the United States and

to a constituency that reaches across the United States,

Canada, Mexico, the Caribbean and beyond; and

(E) the Freedom Center has reached an agreement

with the National Park Service to pursue a range of historical and educational cooperative activities related to the

Underground Railroad, including but not limited to

assisting the National Park Service in the implementation

of the National Underground Railroad Network to Freedom

Act.

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

(A) to promote preservation and public awareness of

the history of the Underground Railroad;

(B) to assist the Freedom Center in the development

of its programs and facilities in Cincinnati, Ohio; and

(C) to assist the National Park Service in the

implementation of the National Underground Railroad Network to Freedom Act (112 Stat. 679; 16 U.S.C. 469l and

following).

(c) DEFINITIONS.—In this section:

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(2) PROJECT BUDGET.—The term ‘‘project budget’’ means

the total amount of funds expended by the Freedom Center

on construction of its facility, development of its programs

and exhibits, research, collection of informative and educational

activities related to the history of the Underground Railroad,

and any administrative activities necessary to the operation

of the Freedom Center, prior to the opening of the Freedom

Center facility in Cincinnati, Ohio.

(3) FEDERAL SHARE.—The term ‘‘Federal share’’ means an

amount not to exceed 20 percent of the project budget and

shall include all amounts received from the Federal Government under this legislation and any other Federal programs.

(4) NON-FEDERAL SHARE.—The term ‘‘non-Federal share’’

means all amounts obtained by the Freedom Center for the

implementation of its facilities and programs from any source

other than the Federal Government, and shall not be less

than 80 percent of the project budget.

(5) THE FREEDOM CENTER FACILITY.—The term ‘‘the

Freedom Center facility’’ means the facility, including the

building and surrounding site, which will house the museum

and research institute to be constructed and developed in Cincinnati, Ohio, on the site described in subsection (d)(3).

(d) AUTHORIZATION OF APPROPRIATIONS.—

(1) PROGRAM AUTHORIZED.—From sums appropriated

pursuant to the authority of subsection (d)(4) in any fiscal

114 STAT. 958 PUBLIC LAW 106–291—OCT. 11, 2000

year, the Secretary is authorized and directed to provide financial assistance to the Freedom Center, in order to pay the

Federal share of the cost of authorized activities described

in subsection (e).

(2) EXPENDITURE ON NON-FEDERAL PROPERTY.—The Secretary is authorized to expend appropriated funds under subsection (d)(1) of this section to assist in the construction of

the Freedom Center facility and the development of programs

and exhibits for that facility which will be funded primarily

through private and non-Federal funds, on property owned

by the city of Cincinnati, Hamilton County, and the State

of Ohio.

(3) DESCRIPTION OF THE FREEDOM CENTER FACILITY SITE.—

The facility referred to in subsections (d)(1) and (d)(2) will

be located on a site described as follows: a 2-block area south

of new South Second, west of Walnut Street, north of relocated

Theodore M. Berry Way, and east of Vine Street in Cincinnati,

Ohio.

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $16,000,000 for the 4 fiscal year period

beginning October 1, 1999. Funds not to exceed that total

amount may be appropriated in 1 or more of such fiscal years.

Funds shall not be disbursed until the Freedom Center has

commitments for a minimum of 50 percent of the non-Federal

share.

(5) AVAILABILITY OF FUNDS.—Notwithstanding any other

provision of law, funds appropriated to carry out the provisions

of this section shall remain available for obligation and expenditure until the end of the fiscal year succeeding the fiscal year

for which the funds were appropriated.

(6) OTHER PROVISIONS.—Any grant made under this section

shall provide that—

(A) no change or alteration may be made in the

Freedom Center facility except with the agreement of the

property owner and the Secretary;

(B) the Secretary shall have the right of access at

reasonable times to the public portions of the Freedom

Center facility for interpretive and other purposes; and

(C) conversion, use, or disposal of the Freedom Center

facility for purposes contrary to the purposes of this section,

as determined by the Secretary, shall result in a right

of the United States to compensation equal to the greater

of—

(i) all Federal funds made available to the grantee

under this section; or

(ii) the proportion of the increased value of the

Freedom Center facility attributable to such funds,

as determined at the time of such conversion, use,

or disposal.

(e) AUTHORIZED ACTIVITIES.—

(1) IN GENERAL.—The Freedom Center may engage in any

activity related to its objectives addressed in subsection (b)(1),

including, but not limited to, construction of the Freedom

Center facility, development of programs and exhibits related

to the history of the Underground Railroad, research, collection

of information and artifacts and educational activities related

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 959

to the history of the Underground Railroad, and any administrative activities necessary to the operation of the Freedom

Center.

(2) PRIORITIES.—The Freedom Center shall give priority

to—

(A) construction of the Freedom Center facility;

(B) development of programs and exhibits to be presented in or from the Freedom Center facility; and

(C) providing assistance to the National Park Service

in the implementation of the National Underground Railroad Network to Freedom Act (16 U.S.C. 469l).

(f) APPLICATION.—

(1) IN GENERAL.—The Freedom Center shall submit an

application to the Secretary at such time, in such manner,

and containing or accompanied by such information as the

Secretary may reasonably require. Each application shall—

(A) describe the activities for which assistance is

sought;

(B) provide assurances that the non-Federal share of

the cost of activities of the Freedom Center shall be paid

from non-Federal sources, together with an accounting of

costs expended by the Freedom Center to date, a budget

of costs to be incurred prior to the opening of the Freedom

Center facility, an accounting of funds raised to date, both

Federal and non-Federal, and a projection of funds to be

raised through the completion of the Freedom Center

facility.

(2) APPROVAL.—The Secretary shall approve the application

submitted pursuant to subsection (f)(1) unless such application

fails to comply with the provisions of this section.

(g) REPORTS.—The Freedom Center shall submit an annual

report to the appropriate committees of the Congress not later

than January 31, 2000, and each succeeding year thereafter for

any fiscal year in which Federal funds are expended pursuant

to this section. The report shall—

(1) include a financial statement addressing the Freedom

Center’s costs incurred to date and projected costs, and funds

raised to date and projected fundraising goals;

(2) include a comprehensive and detailed description of

the Freedom Center’s activities for the preceding and succeeding fiscal years; and

(3) include a description of the activities taken to assure

compliance with this section.

(h) AMENDMENT TO THE NATIONAL UNDERGROUND RAILROAD

NETWORK TO FREEDOM ACT OF 1998.—The National Underground

Railroad Network to Freedom Act of 1998 (112 Stat. 679; 16 U.S.C.

469l and following) is amended by adding at the end the following:

‘‘SEC. 4. PRESERVATION OF HISTORIC SITES OR STRUCTURES.

‘‘(a) AUTHORITY TO MAKE GRANTS.—The Secretary of the

Interior may make grants in accordance with this section for the

preservation and restoration of historic buildings or structures associated with the Underground Railroad, and for related research

and documentation to sites, programs, or facilities that have been

included in the national network.

‘‘(b) GRANT CONDITIONS.—Any grant made under this section

shall provide that—

Deadline.

114 STAT. 960 PUBLIC LAW 106–291—OCT. 11, 2000

‘‘(1) no change or alteration may be made in property

for which the grant is used except with the agreement of

the property owner and the Secretary;

‘‘(2) the Secretary shall have the right of access at reasonable times to the public portions of such property for interpretive and other purposes; and

‘‘(3) conversion, use, or disposal of such property for purposes contrary to the purposes of this Act, as determined by

the Secretary, shall result in a right of the United States

to compensation equal to all Federal funds made available

to the grantee under this Act.

‘‘(c) MATCHING REQUIREMENT.—The Secretary may obligate

funds made available for a grant under this section only if the

grantee agrees to match, from funds derived from non-Federal

sources, the amount of the grant with an amount that is equal

to or greater than the grant. The Secretary may waive the requirement of the preceding sentence with respect to a grant if the

Secretary determines that an extreme emergency exists or that

such a waiver is in the public interest to assure the preservation

of historically significant resources.

‘‘(d) FUNDING.—There are authorized to be appropriated to the

Secretary for purposes of this section $2,500,000 for fiscal year

2001 and each subsequent fiscal year. Amounts authorized but

not appropriated in a fiscal year shall be available for appropriation

in subsequent fiscal years.’’.

SEC. 151. PRIORITY ABANDONED MINE AND ACID MINE REMEDIATION. For expenses necessary to reclaim abandoned coal mine

sites and for acid mine drainage remediation caused by past coal

mining practices in the anthracite region of Pennsylvania and other

purposes consistent with title IV of the Surface Mining Control

and Reclamation Act of 1977, Public Law 95–87, as amended,

to be granted to the Commonwealth of Pennsylvania in addition

to the amount granted under sections 402(g)(1) and 402(g)(5) of

the Surface Mining Control and Reclamation Act, $12,600,000, to

be derived from funds pursuant to section 402(g)(2) of the Surface

Mining Control and Reclamation Act, to remain available until

expended: Provided, That of these funds, $600,000 will be specifically used to continue a demonstration project funded in Public

Law 106–113, in accordance with section 401(c)(6) of the Act to

determine the efficacy of improving water quality by removing

metals from eligible waters polluted by acid mine drainage.

SEC. 152. Notwithstanding any other provision of law, from

the unobligated balances derived from the Land and Water Conservation Fund appropriated in fiscal year 2000 for acquisition

of land at Nisqually National Wildlife Refuge (Black River),

$850,000, together with other sums as may become available, is

for the Nisqually Indian Tribe to acquire the fee title to the Kenneth

W. Braget farm under the terms and conditions of the existing

Purchase and Sale Agreement. The Nisqually Indian Tribe shall

enter into a 25 year cooperative agreement/renewable lease with

the U.S. Fish and Wildlife Service to manage those lands within

the approved refuge boundary as part of the Nisqually National

Wildlife Refuge. Such lands within the approved refuge boundary

shall be managed in perpetuity for refuge purposes.

SEC. 153. TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION PROGRAM. (a) DEFINITIONS.—In this section:

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 961

(1) CONSTRUCTION.—The term ‘‘construction’’, with respect

to a tribally controlled school, includes the construction or

renovation of that school.

(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning

given that term in section 4(e) of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 450b(e)).

(3) SECRETARY.—The term ‘‘secretary’’ means the Secretary

of the Interior.

(4) TRIBALLY CONTROLLED SCHOOL.—The term ‘‘tribally controlled school’’ has the meaning given that term in section

5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C.

2511).

(5) DEPARTMENT.—The term ‘‘Department’’ means the

Department of the Interior.

(6) DEMONSTRATION PROGRAM.—The term ‘‘demonstration

program’’ means the Tribal School Construction Demonstration

Program.

(b) IN GENERAL.—The Secretary shall carry out a demonstration

program to provide grants to Indian tribes for the construction

of tribally controlled schools.

(1) IN GENERAL.—Subject to the availability of appropriations, in carrying out the demonstration program under subsection (b), the Secretary shall award a grant to each Indian

tribe that submits an application that is approved by the Secretary under paragraph (2). The Secretary shall ensure that

an eligible Indian tribe currently on the Department’s priority

list for constructing of replacement educational facilities

receives the highest priority for a grant under this section.

(2) GRANT APPLICATIONS.—An application for a grant under

the section shall—

(A) include a proposal for the construction of a tribally

controlled school of the Indian tribe that submits the

application; and

(B) be in such form as the Secretary determines appropriate.

(3) GRANT AGREEMENT.—As a condition to receiving a grant

under this section, the Indian tribe shall enter into an agreement with the Secretary that specifies—

(A) the costs of construction under the grant;

(B) that the Indian tribe shall be required to contribute

towards the cost of the construction a tribal share equal

to 50 percent of the costs; and

(C) any other term or condition that the Secretary

determines to be appropriate.

(4) ELIGIBILITY.—Grants awarded under the demonstration

program shall only be for construction on replacement tribally

controlled schools.

(c) EFFECT OF GRANT.—A grant received under this section

shall be in addition to any other funds received by an Indian

tribe under any other provision of law. The receipt of a grant

under this section shall not affect the eligibility of an Indian tribe

receiving funding, or the amount of funding received by the Indian

tribe, under the Tribally Controlled Schools Act of 1988 (25 U.S.C.

2501 et seq.) or the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

SEC. 154. WHITE RIVER OIL SHALE MINE, UTAH. (a) SALE.—

The Administrator of General Services (referred to in this section

114 STAT. 962 PUBLIC LAW 106–291—OCT. 11, 2000

as the ‘‘Administrator’’) shall sell all right, title, and interest of

the United States in and to the improvements and equipment

described in subsection (b) that are situated on the land described

in subsection (c) (referred to in this section as the ‘‘Mine’’).

(b) DESCRIPTION OF IMPROVEMENTS AND EQUIPMENT.— The

improvements and equipment referred to in subsection (a) are the

following improvements and equipment associated with the Mine:

(1) Mine Service Building.

(2) Sewage Treatment Building.

(3) Electrical Switchgear Building.

(4) Water Treatment Building/Plant.

(5) Ventilation/Fan Building.

(6) Water Storage Tanks.

(7) Mine Hoist Cage and Headframe.

(8) Miscellaneous Mine-related equipment.

(c) DESCRIPTION OF LAND.—The land referred to in subsection

(a) is the land located in Uintah County, Utah, known as the

‘‘White River Oil Shale Mine’’ and described as follows:

(1) T. 10 S., R 24 E., Salt Lake Meridian, sections 12

through 14, 19 through 30, 33, and 34.

(2) T. 10 S., R. 25 E., Salt Lake Meridian, sections 18

and 19.

(d) USE OF PROCEEDS.—The proceeds of the sale under subsection (a)—

(1) shall be deposited in a special account in the Treasury

of the United States; and

(2) shall be available until expended, without further Act

of appropriation—

(A) first, to reimburse the Administrator for the direct

costs of the sale; and

(B) second, to reimburse the Bureau of Land Management Utah State Office for the costs of closing and rehabilitating the Mine.

(e) MINE CLOSURE AND REHABILITATION.—The closing and

rehabilitation of the Mine (including closing of the mine shafts,

site grading, and surface revegetation) shall be conducted in accordance with—

(1) the regulatory requirements of the State of Utah, the

Mine Safety and Health Administration, and the Occupational

Safety and Health Administration; and

(2) other applicable law.

SEC. 155. BLUE RIDGE PARKWAY. (a) The Blue Ridge Parkway

headquarters building located at 199 Hemphill Knob in Asheville,

North Carolina, shall be known and designated as the ‘‘Gary E.

Everhardt Headquarters Building’’.

(b) Any reference in a law, map, regulation, document, paper,

or other record of the United States to the headquarters building

referred to in subsection (a) shall be deemed to be a reference

to the ‘‘Gary E. Everhardt Headquarters Building’’.

SEC. 156. None of the funds in this Act or any other Act

shall be used, by the Secretary of the Interior to promulgate final

rules to revise 43 C.F.R. subpart 3809, except that the Secretary,

following the public comment period required by section 3002 of

Public Law 106–31, may issue final rules to amend 43 C.F.R.

subpart 3809 which are not inconsistent with the recommendations

contained in the National Research Council report entitled

‘‘Hardrock Mining on Federal Lands’’ so long as these regulations

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 963

are also not inconsistent with existing statutory authorities.

Nothing in this section shall be construed to expand the existing

statutory authority of the Secretary.

SEC. 157. (a) SHORT TITLE.—This section may be cited as the

‘‘Wheeling National Heritage Area Act of 2000’’.

(b) FINDINGS AND PURPOSES.—

(1) FINDINGS.—The Congress finds that—

(A) the area in an around Wheeling, West Virginia,

possesses important historical, cultural, and natural

resources, representing major heritage themes of transportation, commerce and industry, and Victorian culture in

the United States;

(B) the City of Wheeling has played an important

part in the settlement of this country by serving as—

(i) the western terminus of the National Road of

the early 1800’s;

(ii) the ‘‘Crossroads of America’’ throughout the

nineteenth century;

(iii) one of the few major inland ports in the nineteenth century; and

(iv) the site for the establishment of the Restored

State of Virginia, and later the State of West Virginia,

during the Civil War and as the first capital of the

new State of West Virginia;

(C) the City of Wheeling has also played an important

role in the industrial and commercial heritage of the United

States, through the development and maintenance of many

industries crucial to the Nation’s expansion, including iron

and steel, textile manufacturing, boat building, glass manufacturing, and stogie and chewing tobacco manufacturing

facilities, many of which are industries that continue to

play an important role in the national economy;

(D) the city of Wheeling has retained its national heritage themes with the designations of the old custom house

(now Independence Hall) and the historic suspension bridge

as National Historic Landmarks; with five historic districts;

and many individual properties in the Wheeling area listed

or eligible for nomination to the National Register of Historic Places;

(E) the heritage themes and number and diversity

of Wheeling’s remaining resources should be appropriately

retained, enhanced, and interpreted for the education, benefit, and inspiration of the people of the United States;

and

(F) in 1992 a comprehensive plan for the development

and administration of the Wheeling National Heritage Area

was completed for the National Park Service, the City

of Wheeling, and the Wheeling National Task Force,

including—

(i) an inventory of the national and cultural

resources in the City of Wheeling;

(ii) criteria for preserving and interpreting significant natural and historic resources;

(iii) a strategy for the conservation, preservation,

and reuse of the historical and cultural resources in

the City of Wheeling and the surrounding region; and

Wheeling

National

Heritage Area

Act of 2000.

16 USC 461 note.

114 STAT. 964 PUBLIC LAW 106–291—OCT. 11, 2000

(iv) an implementation agenda by which the State

of West Virginia and local governments can coordinate

their resources as well as a complete description of

the management entity responsible for implementing

the comprehensive plan.

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

(A) to recognize the special importance of the history

and development of the Wheeling area in the cultural heritage of the Nation;

(B) to provide a framework to assist the City of

Wheeling and other public and private entities and individuals in the appropriate preservation, enhancement, and

interpretation of significant resources in the Wheeling area

emblematic of Wheeling’s contributions to the Nation’s cultural heritage;

(C) to allow for limited Federal, State and local capital

contributions for planning and infrastructure investments

to complete the Wheeling National Heritage Area, in partnership with the State of West Virginia, the City of

Wheeling, and other appropriate public and private entities; and

(D) to provide for an economically self-sustaining

National Heritage Area not dependent on Federal financial

assistance beyond the initial years necessary to establish

the heritage area.

(c) DEFINITIONS.—As used in this section—

(1) the term ‘‘city’’ means the City of Wheeling;

(2) the term ‘‘heritage area’’ means the Wheeling National

Heritage Area established in subsection (d);

(3) the term ‘‘plan’’ means the ‘‘Plan for the Wheeling

National Heritage Area’’ dated August, 1992;

(4) the term ‘‘Secretary’’ means the Secretary of the

Interior; and

(5) the term ‘‘State’’ means the State of West Virginia.

(d) WHEELING NATIONAL HERITAGE AREA.—

(1) ESTABLISHMENT.—In furtherance of the purposes of this

section, there is established in the State of West Virginia the

Wheeling National Heritage Area, as generally depicted on

the map entitled ‘‘Boundary Map, Wheeling National Heritage

Area, Wheeling, West Virginia’’ and dated March, 1994. The

map shall be on file and available for public inspection in

the appropriate offices of the National Park Service.

(2) MANAGEMENT ENTITY.—

(A) The management entity for the heritage area shall

be the Wheeling National Heritage Corporation, a nonprofit corporation chartered in the State of West Virginia.

(B) To the extent consistent with this section, the

management entity shall manage the heritage area in

accordance with the plan.

(e) DUTIES OF THE MANAGEMENT ENTITY.—

(1) MISSION.—

(A) The primary mission of the management entity

shall be—

(i) to implement and coordinate the recommendations contained in the plan;

(ii) ensure integrated operation of the heritage

area; and

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 965

(iii) conserve and interpret the historic and cultural resources of the heritage area.

(B) The management entity shall also direct and coordinate the diverse conservation, development, programming,

educational, and interpretive activities within the heritage

area.

(2) RECOGNITION OF PLAN.—The management entity shall

work with the State of West Virginia and local governments

to ensure that the plan is formally adopted by the City and

recognized by the State.

(3) IMPLEMENTATION.—To the extent practicable, the

management entity shall—

(A) implement the recommendations contained in the

plan in a timely manner pursuant to the schedule identified

in the plan;

(B) coordinate its activities with the City, the State,

and the Secretary;

(C) ensure the conservation and interpretation of the

heritage area’s historical, cultural, and natural resources,

including—

(i) assisting the City and the State in the preservation of sites, buildings, and objects within the heritage

area which are listed or eligible for listing on the

National Register of Historic Places;

(ii) assisting the City, the State, or a nonprofit

organization in the restoration of any historic building

in the heritage area;

(iii) increasing public awareness of and appreciation for the natural, cultural, and historic resources

of the heritage area;

(iv) assisting the State or City in designing, establishing, and maintaining appropriate interpretive

facilities and exhibits in the heritage area;

(v) assisting in the enhancement of public awareness and appreciation for the historical, archaeological,

and geologic resources and sites in the heritage area;

and

(vi) encouraging the City and other local governments to adopt land use policies consistent with the

goals of the plan, and to take actions to implement

those policies;

(D) encourage intergovernmental cooperation in the

achievement of these objectives;

(E) develop recommendations for design standards

within the heritage area; and

(F) seek to create public-private partnerships to finance

projects and initiatives within the heritage area.

(4) AUTHORITIES.—The management entity may, for the

purposes of implementing the plan, use Federal funds made

available by this section to—

(A) make grants to the State, City, or other appropriate

public or private organizations, entities, or persons;

(B) enter into cooperative agreements with, or provide

technical assistance to Federal agencies, the State, City

or other appropriate public or private organizations, entities, or persons;

114 STAT. 966 PUBLIC LAW 106–291—OCT. 11, 2000

(C) hire and compensate such staff as the management

entity deems necessary;

(D) obtain money from any source under any program

or law requiring the recipient of such money to make

a contribution in order to receive such money;

(E) spend funds on promotion and marketing consistent

with the resources and associated values of the heritage

area in order to promote increased visitation; and

(F) contract for goods and services.

(5) ACQUISITION OF REAL PROPERTY.—

(A) Except as provided in paragraph (B), the management entity may not acquire any real property or interest

therein within the heritage area, other than the leasing

of facilities.

(B)(i) Subject to subparagraph (ii), the management

entity may acquire real property, or an interest therein,

within the heritage area by gift or devise, or by purchase

from a willing seller with money which was donated,

bequeathed, appropriated, or otherwise made available to

the management entity on the condition that such money

be used to purchase real property, or interest therein,

within the heritage area.

(ii) Any real property or interest therein acquired by

the management entity pursuant to this paragraph shall

be conveyed in perpetuity by the management entity to

an appropriate public or private entity, as determined by

the management entity. Any such conveyance shall be

made as soon as practicable after acquisition, without

consideration, and on the condition that the real property

or interest therein so conveyed shall be used for public

purposes.

(6) REVISION OF PLAN.—Within 18 months after the date

of enactment, the management entity shall submit to the Secretary a revised plan. Such revision shall include, but not

be limited to—

(A) a review of the implementation agenda for the

heritage area;

(B) projected capital costs; and

(C) plans for partnership initiatives and expansion of

community support.

(f) DUTIES OF THE SECRETARY.—

(1) INTERPRETIVE SUPPORT.—The Secretary may, upon

request of the management entity, provide appropriate interpretive, planning, educational, staffing, exhibits, and other material or support for the heritage area, consistent with the plan

and as appropriate to the resources and associated values of

the heritage area.

(2) TECHNICAL ASSISTANCE.—The Secretary may upon

request of the management entity and consistent with the

plan, provide technical assistance to the management entity.

(3) COOPERATIVE AGREEMENTS AND GRANTS.—The Secretary

may, in consultation with the management entity and consistent with the management plan, make grants to, and enter

into cooperative agreements with the management entity, the

State, City, non-profit organization or any person.

(3) PLAN AMENDMENTS.—No amendments to the plan may

be made unless approved by the Secretary. The Secretary shall

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 967

consult with the management entity in reviewing any proposed

amendments.

(g) DUTIES OF OTHER FEDERAL AGENCIES.—Any Federal department, agency, or other entity conducting or supporting activities

directly affecting the heritage area shall—

(1) consult with the Secretary and the management entity

with respect to such activities.

(2) cooperate with the Secretary and the management

entity in carrying out their duties under this Act, and to the

extent practicable, coordinate such activities directly with the

duties of the Secretary and the management entity.

(3) to the extent practicable, conduct or support such activities in a manner which the management entity determines

will not have an adverse effect on the heritage area.

(h) AUTHORIZATION OF APPROPRIATIONS.—

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

to carry out this section $10,000,000, except that not more

than $1,000,000 may be appropriated to carry out this section

for any fiscal year.

(2) MATCHING FUNDS.—Federal funding provided under this

section shall be matched at least 25 percent by other funds

or in-kind services.

(i) SUNSET.—The Secretary may not make any grant or provide

any assistance under this section after September 30, 2015.

TITLE II—RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as authorized by law, $229,616,000, to remain available until

expended.

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions,

and others, and for forest health management, cooperative forestry,

and education and land conservation activities and conducting an

international program as authorized, $238,455,000, to remain available until expended, as authorized by law: Provided, That none

of the funds made available by this Act shall be used for the

urban resources partnership program.

For an additional amount to cover necessary expenses for emergency pest management and forest health activities on Federal,

State and private lands, $12,500,000, to remain available until

expended: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That these funds shall

be available only to the extent that an official budget request

for a specific dollar amount, that includes designation of the entire

amount as an emergency requirement as defined by such Act,

is transmitted by the President to the Congress.

114 STAT. 968 PUBLIC LAW 106–291—OCT. 11, 2000

NATIONAL FOREST SYSTEM

For necessary expenses of the Forest Service, not otherwise

provided for, for management, protection, improvement, and utilization of the National Forest System, $1,280,693,000, to remain available until expended, which shall include 50 percent of all moneys

received during prior fiscal years as fees collected under the Land

and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C. 460l–6a(i)), of which

not less than an additional $500,000 shall be available for use

for law enforcement purposes in the national forest that, during

calendar year 2000, had both the greatest number of methamphetamine dumps and the greatest number of methamphetamine laboratory law enforcement actions in the National Forest System, and

of which not less than an additional $500,000 shall be available

for law enforcement purposes on the Pisgah and Nantahala National

Forests, and of which for the purpose of implementing the Valles

Caldera Preservation Act, $990,000, to remain available until

expended, shall be available to the Secretary for the management

of the Valles Caldera National Preserve: Provided, That any

remaining balances available for implementing the Valles Caldera

Preservation Act be provided to the Valles Caldera Trust upon

its assumption of the management of the Preserve: Provided further, That notwithstanding the limitations of 107(e)(2) of the Valles

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

2001 and 2002, the members of the Board of Trustees of the Valles

Caldera Trust may receive, upon request, compensation for each

day (including travel time) that they are engaged in the performance

of the functions of the Board. Compensation shall not exceed the

daily equivalent of the annual rate in effect for members of the

Senior Executive Service at the ES–1 level, and shall be in addition

to any reimbursement for travel, subsistence and other necessary

expenses incurred by them in the performance of their duties.

Members of the Board who are officers or employees of the United

States shall not receive any additional compensation by reason

of service on the Board: Provided further, That unobligated balances

available at the start of fiscal year 2001 shall be displayed by

extended budget line item in the fiscal year 2002 budget justification: Provided further, That of the amount available for vegetation

and watershed management, the Secretary may authorize the

expenditure or transfer of such sums as necessary to the Department of the Interior, Bureau of Land Management for removal,

preparation, and adoption of excess wild horses and burros from

National Forest System lands: Provided further, That $5,000,000

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

allocation for the purposes of preparing additional timber for sale,

to establish a 3-year timber supply and such funds may be transferred to other appropriations accounts as necessary to maximize

accomplishment: Provided further, That of the funds provided for Forest Products, $700,000 shall be provided to the State of Alaska

for monitoring activities at Forest Service log transfer facilities,

in the form of an advance, direct lump sum payment.

WILDLAND FIRE MANAGEMENT

For necessary expenses for forest fire presuppression activities

on National Forest System lands, for emergency fire suppression

on or adjacent to such lands or other lands under fire protection

16 USC 698v-5

note.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 969

agreement, and for emergency rehabilitation of burned-over

National Forest System lands and water, $839,129,000, to remain

available until expended: Provided, That such funds are available

for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further, That not

less than 50 percent of any unobligated balances remaining (exclusive of amounts for hazardous fuels reduction) at the end of fiscal

year 2000 shall be transferred, as repayment for post advances

that have not been repaid, to the fund established pursuant to

section 3 of Public Law 71–319 (16 U.S.C. 576 et seq.): Provided

further, That notwithstanding any other provision of law, up to $8,600,000 of funds appropriated under this appropriation may

be used for Fire Science Research in support of the Joint Fire

Science Program: Provided further, That all authorities for the

use of funds, including the use of contracts, grants, and cooperative

agreements, available to execute the Forest Service and Rangeland

Research appropriation, are also available in the utilization of these

funds for Fire Science Research.

For an additional amount to cover necessary expenses for emergency rehabilitation, presuppression due to emergencies, and wildfire suppression activities of the Forest Service, $426,000,000, to

remain available until expended: Provided, That the entire amount

is designated by Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That these

funds shall be available only to the extent an official budget request

for a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress.

CAPITAL IMPROVEMENT AND MAINTENANCE

For necessary expenses of the Forest Service, not otherwise provided for, $468,568,000, to remain available until expended for

construction, reconstruction, maintenance and acquisition of

buildings and other facilities, and for construction, reconstruction,

repair and maintenance of forest roads and trails by the Forest

Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101

and 205: Provided, That up to $15,000,000 of the funds provided

herein for road maintenance shall be available for the decommissioning of roads, including unauthorized roads not part of the

transportation system, which are no longer needed: Provided further, That no funds shall be expended to decommission any system

road until notice and an opportunity for public comment has been

provided on each decommissioning project: Provided further, That

any unobligated balances of amounts previously appropriated to

the Forest Service ‘‘Construction’’, ‘‘Reconstruction and Construction’’, or ‘‘Reconstruction and Maintenance’’ accounts as well as

any unobligated balances remaining in the ‘‘National Forest

System’’ account for the facility maintenance and trail maintenance

extended budget line items may be transferred to and merged

with the ‘‘Capital Improvement and Maintenance’’ account.

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land

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

114 STAT. 970 PUBLIC LAW 106–291—OCT. 11, 2000

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

acquisition of land or waters, or interest therein, in accordance

with statutory authority applicable to the Forest Service,

$102,205,000 to be derived from the Land and Water Conservation

Fund, to remain available until expended.

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,

and Cleveland National Forests, California, as authorized by law,

$1,069,000, to be derived from forest receipts.

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

deposited by State, county, or municipal governments, public school

districts, or other public school authorities pursuant to the Act

of December 4, 1967, as amended (16 U.S.C. 484a), to remain

available until expended.

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and

improvement, 50 percent of all moneys received during the prior

fiscal year, as fees for grazing domestic livestock on lands in

National Forests in the 16 Western States, pursuant to section

401(b)(1) of Public Law 94–579, as amended, to remain available

until expended, of which not to exceed 6 percent shall be available

for administrative expenses associated with on-the-ground range

rehabilitation, protection, and improvements.

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $92,000, to

remain available until expended, to be derived from the fund established pursuant to the above Act.

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage federal

lands in Alaska for subsistence uses under title VIII of the Alaska

National Interest Lands Conservation Act (Public Law 96–487),

$5,500,000, to remain available until expended.

SOUTHEAST ALASKA ECONOMIC DISASTER FUND

For purposes of the Southeast Alaska Economic Disaster Fund

as set forth in section 101(c) of Public Law 104–314, the direct

grants provided from the Fund shall be considered direct payments

for purposes of all applicable law except that these direct grants

may not be used for lobbying activities: Provided, That a total

of $5,000,000 is hereby appropriated and shall be deposited into

the Southeast Alaska Economic Disaster Fund established pursuant

to Public Law 104–134, as amended, without further appropriation

or fiscal year limitation. The Secretary of Agriculture shall distribute these funds to the City of Craig in fiscal year 2001.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 971

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year

shall be available for: (1) purchase of not to exceed 132 passenger

motor vehicles of which 13 will be used primarily for law enforcement purposes and of which 129 shall be for replacement; acquisition of 25 passenger motor vehicles from excess sources, and hire

of such vehicles; operation and maintenance of aircraft, the purchase

of not to exceed six for replacement only, and acquisition of sufficient

aircraft from excess sources to maintain the operable fleet at 192

aircraft for use in Forest Service wildland fire programs and other

Forest Service programs; notwithstanding other provisions of law,

existing aircraft being replaced may be sold, with proceeds derived

or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not

to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public

improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and

interests therein, including the Oscoda-Wurtsmith land exchange

in Michigan, pursuant to 7 U.S.C. 428a; (5) for expenses pursuant

to the Volunteers in the National Forest Act of 1972 (16 U.S.C.

558a, 558d, and 558a note); (6) the cost of uniforms as authorized

by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in

accordance with 31 U.S.C. 3718(c).

None of the funds made available under this Act shall be

obligated or expended to abolish any region, to move or close any

regional office for National Forest System administration of the

Forest Service, Department of Agriculture without the consent of

the House and Senate Committees on Appropriations.

Any appropriations or funds available to the Forest Service

may be transferred to the Wildland Fire Management appropriation

for forest firefighting, emergency rehabilitation of burned-over or

damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions if and only if all previously

appropriated emergency contingent funds under the heading

‘‘Wildland Fire Management’’ have been released by the President

and apportioned.

Funds appropriated to the Forest Service shall be available

for assistance to or through the Agency for International Development and the Foreign Agricultural Service in connection with forest

and rangeland research, technical information, and assistance in

foreign countries, and shall be available to support forestry and

related natural resource activities outside the United States and

its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations.

None of the funds made available to the Forest Service under

this Act shall be subject to transfer under the provisions of section

702(b) of the Department of Agriculture Organic Act of 1944 (7

U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is

approved in advance by the House and Senate Committees on

Appropriations in compliance with the reprogramming procedures

contained in House Report No. 105–163.

None of the funds available to the Forest Service may be

reprogrammed without the advance approval of the House and

Senate Committees on Appropriations in accordance with the procedures contained in House Report No. 105–163.

114 STAT. 972 PUBLIC LAW 106–291—OCT. 11, 2000

No funds appropriated to the Forest Service shall be transferred

to the Working Capital Fund of the Department of Agriculture

without the approval of the Chief of the Forest Service.

Funds available to the Forest Service shall be available to

conduct a program of not less than $2,000,000 for high priority

projects within the scope of the approved budget which shall be

carried out by the Youth Conservation Corps as authorized by

the Act of August 13, 1970, as amended by Public Law 93–408.

Of the funds available to the Forest Service, $1,500 is available

to the Chief of the Forest Service for official reception and representation expenses.

Pursuant to sections 405(b) and 410(b) of Public Law 101–

593, of the funds available to the Forest Service, up to $2,250,000

may be advanced in a lump sum as Federal financial assistance

to the National Forest Foundation, without regard to when the

Foundation incurs expenses, for administrative expenses or projects

on or benefitting National Forest System lands or related to Forest

Service programs: Provided, That of the Federal funds made available to the Foundation, no more than $400,000 shall be available

for administrative expenses: Provided further, That the Foundation

shall obtain, by the end of the period of Federal financial assistance,

private contributions to match on at least one-for-one basis funds

made available by the Forest Service: Provided further, That the

Foundation may transfer Federal funds to a non-Federal recipient

for a project at the same rate that the recipient has obtained

the non-Federal matching funds: Provided further, That hereafter,

the National Forest Foundation may hold Federal funds made available but not immediately disbursed and may use any interest

or other investment income earned (before, on, or after the date

of the enactment of this Act) on Federal funds to carry out the

purposes of Public Law 101–593: Provided further, That such investments may be made only in interest-bearing obligations of the

United States or in obligations guaranteed as to both principal

and interest by the United States.

Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000

of the funds available to the Forest Service shall be available

for matching funds to the National Fish and Wildlife Foundation,

as authorized by 16 U.S.C. 3701–3709, and may be advanced in

a lump sum as Federal financial assistance, without regard to

when expenses are incurred, for projects on or benefitting National

Forest System lands or related to Forest Service programs: Provided, That the Foundation shall obtain, by the end of the period

of Federal financial assistance, private contributions to match on

at least one-for-one basis funds advanced by the Forest Service:

Provided further, That the Foundation may transfer Federal funds

to a non-Federal recipient for a project at the same rate that

the recipient has obtained the non-Federal matching funds.

Funds appropriated to the Forest Service shall be available

for interactions with and providing technical assistance to rural

communities for sustainable rural development purposes.

Notwithstanding any other provision of law, 80 percent of the

funds appropriated to the Forest Service in the ‘‘National Forest

System’’ and ‘‘Capital Improvement and Maintenance’’ accounts and

planned to be allocated to activities under the ‘‘Jobs in the Woods’’

program for projects on National Forest land in the State of Washington may be granted directly to the Washington State Department

of Fish and Wildlife for accomplishment of planned projects. Twenty

16 USC 583j-9.

16 USC 583j-9.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 973

percent of said funds shall be retained by the Forest Service for

planning and administering projects. Project selection and

prioritization shall be accomplished by the Forest Service with

such consultation with the State of Washington as the Forest

Service deems appropriate.

Funds appropriated to the Forest Service shall be available

for payments to counties within the Columbia River Gorge National

Scenic Area, pursuant to sections 14(c)(1) and (2), and section

16(a)(2) of Public Law 99–663.

The Secretary of Agriculture is authorized to enter into grants,

contracts, and cooperative agreements as appropriate with the Pinchot Institute for Conservation, as well as with public and other

private agencies, organizations, institutions, and individuals, to provide for the development, administration, maintenance, or restoration of land, facilities, or Forest Service programs, at the Grey

Towers National Historic Landmark: Provided, That, subject to

such terms and conditions as the Secretary of Agriculture may

prescribe, any such public or private agency, organization, institution, or individual may solicit, accept, and administer private gifts

of money and real or personal property for the benefit of, or in

connection with, the activities and services at the Grey Towers

National Historic Landmark: Provided further, That such gifts may

be accepted notwithstanding the fact that a donor conducts business

with the Department of Agriculture in any capacity.

Funds appropriated to the Forest Service shall be available,

as determined by the Secretary, for payments to Del Norte County,

California, pursuant to sections 13(e) and 14 of the Smith River

National Recreation Area Act (Public Law 101–612).

Notwithstanding any other provision of law, any appropriations

or funds available to the Forest Service not to exceed $500,000

may be used to reimburse the Office of the General Counsel (OGC),

Department of Agriculture, for travel and related expenses incurred

as a result of OGC assistance or participation requested by the

Forest Service at meetings, training sessions, management reviews,

land purchase negotiations and similar non-litigation related matters. Future budget justifications for both the Forest Service and

the Department of Agriculture should clearly display the sums

previously transferred and the requested funding transfers.

No employee of the Department of Agriculture may be detailed

or assigned from an agency or office funded by this Act to any

other agency or office of the department for more than 30 days

unless the individual’s employing agency or office is fully

reimbursed by the receiving agency or office for the salary and

expenses of the employee for the period of assignment.

The Forest Service shall fund indirect expenses, that is

expenses not directly related to specific programs or to the accomplishment of specific work on-the-ground, from any funds available

to the Forest Service: Provided, That the Forest Service shall implement and adhere to the definitions of indirect expenditures established pursuant to Public Law 105–277 on a nationwide basis

without flexibility for modification by any organizational level

except the Washington Office, and when changed by the Washington

Office, such changes in definition shall be reported in budget

requests submitted by the Forest Service: Provided further, That

the Forest Service shall provide in all future budget justifications,

planned indirect expenditures in accordance with the definitions,

summarized and displayed to the Regional, Station, Area, and

16 USC 579d.

114 STAT. 974 PUBLIC LAW 106–291—OCT. 11, 2000

detached unit office level. The justification shall display the estimated source and amount of indirect expenditures, by expanded

budget line item, of funds in the agency’s annual budget justification. The display shall include appropriated funds and the KnutsonVandenberg, Brush Disposal, Cooperative Work-Other, and Salvage

Sale funds. Changes between estimated and actual indirect expenditures shall be reported in subsequent budget justifications: Provided, That during fiscal year 2001 the Secretary shall limit total

annual indirect obligations from the Brush Disposal, KnutsonVandenberg, Reforestation, Salvage Sale, and Roads and Trails

funds to 20 percent of the total obligations from each fund. Obligations in excess of 20 percent which would otherwise be charged

to the above funds may be charged to appropriated funds available

to the Forest Service subject to notification of the Committees

on Appropriations of the House and Senate.

Any appropriations or funds available to the Forest Service

may be used for necessary expenses in the event of law enforcement

emergencies as necessary to protect natural resources and public

or employee safety: Provided, That such amounts shall not exceed

$750,000.

Section 551 of the Land Between the Lakes Protection Act

of 1998 (16 U.S.C. 460lll–61) is amended by adding at the end

the following new subsection:

‘‘(c) TRANSITION.—Until September 30, 2002, the Secretary of

Agriculture may expend amounts appropriated or otherwise made

available to carry out this title in a manner consistent with the

authorities exercised by the Tennessee Valley Authority, before

the transfer of the Recreation Area to the administrative jurisdiction

of the Secretary, regarding procurement of property, services, supplies, and equipment.’’.

The Secretary of Agriculture shall pay $4,449 from available

funds to Joyce Liverca as reimbursement for various expenses

incurred as a Federal employee in connection with certain high

priority duties performed for the Forest Service.

The Secretary of Agriculture may authorize the sale of excess

buildings, facilities, and other properties owned by the Forest

Service and located on the Green Mountain National Forest, the

revenues of which shall be retained by the Forest Service and

available to the Secretary without further appropriation and until

expended for maintenance and rehabilitation activities on the Green

Mountain National Forest.

DEPARTMENT OF ENERGY

CLEAN COAL TECHNOLOGY

(DEFERRAL)

Of the funds made available under this heading for obligation

in prior years, $67,000,000 shall not be available until October

1, 2001: Provided, That funds made available in previous appropriations Acts shall be available for any ongoing project regardless

of the separate request for proposal under which the project was

selected.

Joyce Liverca.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 975

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses in carrying out fossil energy research

and development activities, under the authority of the Department

of Energy Organization Act (Public Law 95–91), including the

acquisition of interest, including defeasible and equitable interests

in any real property or any facility or for plant or facility acquisition

or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and

disposal of mineral substances without objectionable social and

environmental costs (30 U.S.C. 3, 1602, and 1603), performed under

the minerals and materials science programs at the Albany

Research Center in Oregon $540,653,000, to remain available until

expended, of which $12,000,000 for oil technology research shall

be derived by transfer from funds appropriated in prior years under

the heading ‘‘Strategic Petroleum Reserve, SPR Petroleum Account’’

and of which $95,000,000 shall be derived by transfer from funds

appropriated in prior years under the heading ‘‘Clean Coal Technology’’, such funds to be available for a general request for proposals for the commercial scale demonstration of technologies to

assure the reliability of the Nation’s energy supply from existing

and new electric generating facilities for which the Department

of Energy upon review may provide financial assistance awards:

Provided, That the request for proposals shall be issued no later

than one hundred and twenty days following enactment of this

Act, proposals shall be submitted no later than ninety days after

the issuance of the request for proposals, and the Department

of Energy shall make project selections no later than one hundred

and sixty days after the receipt of proposals: Provided further,

That no funds are to be obligated for selected proposals prior

to September 30, 2001: Provided further, That funds provided shall

be expended only in accordance with the provisions governing the

use of funds contained under the heading under which they were

originally appropriated: Provided further, That provisions for repayment of government contributions to individual projects shall be

identical to those included in the Program Opportunity Notice

(Solicitation Number DE–PS01–89FE 61825), issued by the Department of Energy on May 1, 1989, except that repayments from

sale or licensing of technologies shall be from both domestic and

foreign transactions: Provided further, That such repayments shall

be deposited in this account to be retained for future projects:

Provided further, That any project approved under this program

shall be considered a Clean Coal Technology Demonstration Project,

for the purposes of Chapters 51, 52, and 60 of title 40 of the

Code of Federal Regulations: Provided further, That no part of

the sum herein made available shall be used for the field testing

of nuclear explosives in the recovery of oil and gas: Provided further,

That up to 4 percent of program direction funds available to the

National Energy Technology Laboratory may be used to support

Department of Energy activities not included in this account.

Deadlines.

114 STAT. 976 PUBLIC LAW 106–291—OCT. 11, 2000

ALTERNATIVE FUELS PRODUCTION

(RESCISSION)

Of the unobligated balances under this heading, $1,000,000

are rescinded.

NAVAL PETROLEUM AND OIL SHALE RESERVES

For expenses necessary to carry out engineering studies to

determine the cost of development, the predicted rate and quantity

of petroleum recovery, the methodology, and the equipment specifications for development of Shannon Formation at Naval Petroleum

Reserve Numbered 3 (NPR–3), utilizing a below-the-reservoir

production method, $1,600,000, to remain available until expended:

Provided, That the requirements of 10 U.S.C. 7430(b)(2)(B) shall

not apply to fiscal year 2001 and any fiscal year thereafter: Provided

further, That, notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all

naval petroleum and oil shale reserve activities.

ELK HILLS SCHOOL LANDS FUND

For necessary expenses in fulfilling installment payments under

the Settlement Agreement entered into by the United States and

the State of California on October 11, 1996, as authorized by section

3415 of Public Law 104–106, $36,000,000, to become available on

October 1, 2001 for payment to the State of California for the

State Teachers’ Retirement Fund from the Elk Hills School Lands

Fund.

ENERGY CONSERVATION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in carrying out energy conservation

activities, $816,940,000, to remain available until expended, of

which $2,000,000 shall be derived by transfer from unobligated

balances in the Biomass Energy Development account: Provided,

That $191,000,000 shall be for use in energy conservation programs

as defined in section 3008(3) of Public Law 99–509 (15 U.S.C.

4507): Provided further, That notwithstanding section 3003(d)(2)

of Public Law 99–509, such sums shall be allocated to the eligible

programs as follows: $153,000,000 for weatherization assistance

grants and $38,000,000 for State energy conservation grants: Provided further, That notwithstanding any other provision of law,

the Secretary of Energy may waive up to fifty percent of the

cost-sharing requirement for weatherization assistance provided for

by Public Law 106–113 for a State which he finds to be experiencing

fiscal hardship or major changes in energy markets or suppliers

or other temporary limitations on its ability to provide matching

funds, provided that the State is demonstrably engaged in continuing activities to secure non-federal resources and that such

waiver is limited to one fiscal year and that no state may be

granted such waiver more than twice: Provided further, That, hereafter, Indian tribal direct grantees of weatherization assistance

shall not be required to provide matching funds.

42 USC 6863

note.

10 USC 4730

note.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 977

ECONOMIC REGULATION

For necessary expenses in carrying out the activities of the Office of Hearings and Appeals, $2,000,000, to remain available

until expended.

STRATEGIC PETROLEUM RESERVE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for Strategic Petroleum Reserve facility

development and operations and program management activities

pursuant to the Energy Policy and Conservation Act of 1975, as

amended (42 U.S.C. 6201 et seq.), $165,000,000, to remain available

until expended, of which $4,000,000 shall be derived by transfer

of unobligated balances of funds previously appropriated under

the heading ‘‘SPR Petroleum Account’’, and of which $8,000,000

shall be available for maintenance of a Northeast Home Heating

Oil Reserve.

ENERGY INFORMATION ADMINISTRATION

For necessary expenses in carrying out the activities of the Energy Information Administration, $75,675,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

Appropriations under this Act for the current fiscal year shall

be available for hire of passenger motor vehicles; hire, maintenance,

and operation of aircraft; purchase, repair, and cleaning of uniforms;

and reimbursement to the General Services Administration for security guard services.

From appropriations under this Act, transfers of sums may

be made to other agencies of the Government for the performance

of work for which the appropriation is made.

None of the funds made available to the Department of Energy

under this Act shall be used to implement or finance authorized

price support or loan guarantee programs unless specific provision

is made for such programs in an appropriations Act.

The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and

to prosecute projects in cooperation with other agencies, Federal,

State, private or foreign: Provided, That revenues and other moneys

received by or for the account of the Department of Energy or

otherwise generated by sale of products in connection with projects

of the Department appropriated under this Act may be retained

by the Secretary of Energy, to be available until expended, and

used only for plant construction, operation, costs, and payments

to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: Provided further, That the remainder of revenues after the making of such payments shall be covered into

the Treasury as miscellaneous receipts: Provided further, That any

contract, agreement, or provision thereof entered into by the Secretary pursuant to this authority shall not be executed prior to

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

either House of Congress is not in session because of adjournment

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

by the Speaker of the House of Representatives and the President

114 STAT. 978 PUBLIC LAW 106–291—OCT. 11, 2000

of the Senate of a full comprehensive report on such project,

including the facts and circumstances relied upon in support of

the proposed project.

No funds provided in this Act may be expended by the Department of Energy to prepare, issue, or process procurement documents

for programs or projects for which appropriations have not been

made.

In addition to other authorities set forth in this Act, the Secretary may accept fees and contributions from public and private

sources, to be deposited in a contributed funds account, and prosecute projects using such fees and contributions in cooperation

with other Federal, State or private agencies or concerns.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health

Care Improvement Act, and titles II and III of the Public Health

Service Act with respect to the Indian Health Service,

$2,240,658,000, together with payments received during the fiscal

year pursuant to 42 U.S.C. 238(b) for services furnished by the

Indian Health Service: Provided, That funds made available to

tribes and tribal organizations through contracts, grant agreements,

or any other agreements or compacts authorized by the Indian

Self-Determination and Education Assistance Act of 1975 (25 U.S.C.

450), shall be deemed to be obligated at the time of the grant

or contract award and thereafter shall remain available to the

tribe or tribal organization without fiscal year limitation: Provided

further, That $15,000,000 shall remain available until expended,

for the Indian Catastrophic Health Emergency Fund: Provided further, That $431,756,000 for contract medical care shall remain

available for obligation until September 30, 2002: Provided further, That of the funds provided, up to $22,000,000 shall be used to

carry out the loan repayment program under section 108 of the

Indian Health Care Improvement Act: Provided further, That funds

provided in this Act may be used for one-year contracts and grants

which are to be performed in two fiscal years, so long as the

total obligation is recorded in the year for which the funds are

appropriated: Provided further, That the amounts collected by the

Secretary of Health and Human Services under the authority of

title IV of the Indian Health Care Improvement Act shall remain

available until expended for the purpose of achieving compliance

with the applicable conditions and requirements of titles XVIII

and XIX of the Social Security Act (exclusive of planning, design,

or construction of new facilities): Provided further, That funding

contained herein, and in any earlier appropriations Acts for scholarship programs under the Indian Health Care Improvement Act

(25 U.S.C. 1613) shall remain available for obligation until September 30, 2002: Provided further, That amounts received by tribes

and tribal organizations under title IV of the Indian Health Care

Improvement Act shall be reported and accounted for and available

to the receiving tribes and tribal organizations until expended:

Provided further, That, notwithstanding any other provision of law,

of the amounts provided herein, not to exceed $248,781,000 shall

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 979

be for payments to tribes and tribal organizations for contract

or grant support costs associated with contracts, grants, self-governance compacts or annual funding agreements between the Indian

Health Service and a tribe or tribal organization pursuant to the

Indian Self-Determination Act of 1975, as amended, prior to or

during fiscal year 2001, of which not to exceed $10,000,000 may

be used for such costs associated with new and expanded contracts,

grants, self-governance compacts or annual funding agreements:

Provided further, That funds available for the Indian Health Care

Improvement Fund may be used, as needed, to carry out activities

typically funded under the Indian Health Facilities account.

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters

for personnel; preparation of plans, specifications, and drawings;

acquisition of sites, purchase and erection of modular buildings,

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act,

and for expenses necessary to carry out such Acts and titles II

and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health

Service, $363,904,000, to remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for the planning, design, construction or renovation of health

facilities for the benefit of an Indian tribe or tribes may be used

to purchase land for sites to construct, improve, or enlarge health

or related facilities: Provided further, That from the funds appro- priated herein, $5,000,000 shall be designated by the Indian Health

Service as a contribution to the Yukon-Kuskokwim Health Corporation (YKHC) to start a priority project for the acquisition of land,

planning, design and construction of 79 staff quarters at Bethel,

Alaska, subject to a negotiated project agreement between the

YKHC and the Indian Health Service: Provided further, That this

project shall not be subject to the construction provisions of the

Indian Self-Determination and Education Assistance Act and shall

be removed from the Indian Health Service priority list upon

completion: Provided further, That the Federal Government shall

not be liable for any property damages or other construction claims

that may arise from YKHC undertaking this project: Provided further, That the land shall be owned or leased by the YKHC and

title to quarters shall remain vested with the YKHC: Provided

further, That notwithstanding any provision of law governing Fed- eral construction, $2,240,000 of the funds provided herein shall

be provided to the Hopi Tribe to reduce the debt incurred by

the Tribe in providing staff quarters to meet the housing needs

associated with the new Hopi Health Center: Provided further, That $5,000,000 shall remain available until expended for the purpose of funding joint venture health care facility projects authorized

under the Indian Health Care Improvement Act, as amended: Provided further, That priority, by rank order, shall be given to tribes

with outpatient projects on the existing Indian Health Services

priority list that have Service-approved planning documents, and

can demonstrate by March 1, 2001, the financial capability necessary to provide an appropriate facility: Provided further, That

114 STAT. 980 PUBLIC LAW 106–291—OCT. 11, 2000

joint venture funds unallocated after March 1, 2001, shall be made

available for joint venture projects on a competitive basis giving

priority to tribes that currently have no existing Federally-owned

health care facility, have planning documents meeting Indian

Health Service requirements prepared for approval by the Service

and can demonstrate the financial capability needed to provide

an appropriate facility: Provided further, That the Indian Health

Service shall request additional staffing, operation and maintenance

funds for these facilities in future budget requests: Provided further, That not to exceed $500,000 shall be used by the Indian Health

Service to purchase TRANSAM equipment from the Department

of Defense for distribution to the Indian Health Service and tribal

facilities: Provided further, That not to exceed $500,000 shall be

used by the Indian Health Service to obtain ambulances for the

Indian Health Service and tribal facilities in conjunction with an

existing interagency agreement between the Indian Health Service

and the General Services Administration: Provided further, That

not to exceed $500,000 shall be placed in a Demolition Fund,

available until expended, to be used by the Indian Health Service

for demolition of Federal buildings: Provided further, That notwithstanding the provisions of title III, section 306, of the Indian Health

Care Improvement Act (Public Law 94–437, as amended), construction contracts authorized under title I of the Indian Self-Determination and Education Assistance Act of 1975, as amended, may be

used rather than grants to fund small ambulatory facility construction projects: Provided further, That if a contract is used, the

IHS is authorized to improve municipal, private, or tribal lands,

and that at no time, during construction or after completion of

the project will the Federal Government have any rights or title

to any real or personal property acquired as a part of the contract.

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations in this Act to the Indian Health Service shall

be available for services as authorized by 5 U.S.C. 3109 but at

rates not to exceed the per diem rate equivalent to the maximum

rate payable for senior-level positions under 5 U.S.C. 5376; hire

of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of

modular buildings and renovation of existing facilities; payments

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

or allowances therefore as authorized by 5 U.S.C. 5901–5902; and

for expenses of attendance at meetings which are concerned with

the functions or activities for which the appropriation is made

or which will contribute to improved conduct, supervision, or

management of those functions or activities: Provided, That in

accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at

all tribally administered or Indian Health Service facilities, subject

to charges, and the proceeds along with funds recovered under

the Federal Medical Care Recovery Act (42 U.S.C. 2651–2653) shall

be credited to the account of the facility providing the service

and shall be available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development

to the Indian Health Service shall be administered under Public

Law 86–121 (the Indian Sanitation Facilities Act) and Public Law

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 981

93–638, as amended: Provided further, That funds appropriated

to the Indian Health Service in this Act, except those used for

administrative and program direction purposes, shall not be subject

to limitations directed at curtailing Federal travel and transportation: Provided further, That notwithstanding any other provision

of law, funds previously or herein made available to a tribe or

tribal organization through a contract, grant, or agreement authorized by title I or title III of the Indian Self-Determination and

Education Assistance Act of 1975 (25 U.S.C. 450), may be

deobligated and reobligated to a self-determination contract under

title I, or a self-governance agreement under title III of such Act

and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That none

of the funds made available to the Indian Health Service in this

Act shall be used to implement the final rule published in the

Federal Register on September 16, 1987, by the Department of

Health and Human Services, relating to the eligibility for the health

care services of the Indian Health Service until the Indian Health

Service has submitted a budget request reflecting the increased

costs associated with the proposed final rule, and such request

has been included in an appropriations Act and enacted into law:

Provided further, That funds made available in this Act are to

be apportioned to the Indian Health Service as appropriated in

this Act, and accounted for in the appropriation structure set forth

in this Act: Provided further, That with respect to functions transferred by the Indian Health Service to tribes or tribal organizations,

the Indian Health Service is authorized to provide goods and services to those entities, on a reimbursable basis, including payment

in advance with subsequent adjustment, and the reimbursements

received therefrom, along with the funds received from those entities

pursuant to the Indian Self-Determination Act, may be credited

to the same or subsequent appropriation account which provided

the funding, said amounts to remain available until expended:

Provided further, That reimbursements for training, technical

assistance, or services provided by the Indian Health Service will

contain total costs, including direct, administrative, and overhead

associated with the provision of goods, services, or technical assistance: Provided further, That the appropriation structure for the

Indian Health Service may not be altered without advance approval

of the House and Senate Committees on Appropriations.

OTHER RELATED AGENCIES

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian

Relocation as authorized by Public Law 93–531, $15,000,000, to

remain available until expended: Provided, That funds provided

in this or any other appropriations Act are to be used to relocate

eligible individuals and groups including evictees from District 6,

Hopi-partitioned lands residents, those in significantly substandard

housing, and all others certified as eligible and not included in

the preceding categories: Provided further, That none of the funds

contained in this or any other Act may be used by the Office

of Navajo and Hopi Indian Relocation to evict any single Navajo

or Navajo family who, as of November 30, 1985, was physically

114 STAT. 982 PUBLIC LAW 106–291—OCT. 11, 2000

domiciled on the lands partitioned to the Hopi Tribe unless a

new or replacement home is provided for such household: Provided

further, That no relocatee will be provided with more than one

new or replacement home: Provided further, That the Office shall

relocate any certified eligible relocatees who have selected and

received an approved homesite on the Navajo reservation or selected

a replacement residence off the Navajo reservation or on the land

acquired pursuant to 25 U.S.C. 640d–10.

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska

Native Culture and Arts Development, as authorized by title XV

of Public Law 99–498, as amended (20 U.S.C. 56 part A), $4,125,000.

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as

authorized by law, including research in the fields of art, science,

and history; development, preservation, and documentation of the

National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of

information and publications; conduct of education, training, and

museum assistance programs; maintenance, alteration, operation,

lease (for terms not to exceed 30 years), and protection of buildings,

facilities, and approaches; not to exceed $100,000 for services as

authorized by 5 U.S.C. 3109; up to five replacement passenger

vehicles; purchase, rental, repair, and cleaning of uniforms for

employees, $387,755,000, of which not to exceed $47,088,000 for

the instrumentation program, collections acquisition, Museum Support Center equipment and move, exhibition reinstallation, the

National Museum of the American Indian, the repatriation of skeletal remains program, research equipment, information management, and Latino programming shall remain available until

expended, and including such funds as may be necessary to support

American overseas research centers and a total of $125,000 for

the Council of American Overseas Research Centers: Provided, That

funds appropriated herein are available for advance payments to

independent contractors performing research services or participating in official Smithsonian presentations: Provided further, That

the Smithsonian Institution may expend Federal appropriations

designated in this Act for lease or rent payments for long term

and swing space, as rent payable to the Smithsonian Institution,

and such rent payments may be deposited into the general trust

funds of the Institution to the extent that federally supported

activities are housed in the 900 H Street, N.W. building in the

District of Columbia: Provided further, That this use of Federal

appropriations shall not be construed as debt service, a Federal

guarantee of, a transfer of risk to, or an obligation of, the Federal

Government: Provided further, That no appropriated funds may

be used to service debt which is incurred to finance the costs

of acquiring the 900 H Street building or of planning, designing,

and constructing improvements to such building.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 983

REPAIR, RESTORATION AND ALTERATION OF FACILITIES

For necessary expenses of repair, restoration, and alteration

of facilities owned or occupied by the Smithsonian Institution, by

contract or otherwise, as authorized by section 2 of the Act of

August 22, 1949 (63 Stat. 623), including not to exceed $10,000

for services as authorized by 5 U.S.C. 3109, $57,600,000, to remain

available until expended, of which $7,600,000 is provided for repair,

rehabilitation and alteration of facilities at the National Zoological

Park: Provided, That contracts awarded for environmental systems,

protection systems, and repair or restoration of facilities of the

Smithsonian Institution may be negotiated with selected contractors

and awarded on the basis of contractor qualifications as well as

price.

CONSTRUCTION

For necessary expenses for construction, $9,500,000, to remain

available until expended.

ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

None of the funds in this or any other Act may be used

to initiate the design for any proposed expansion of current space

or new facility without consultation with the House and Senate

Appropriations Committees.

The Smithsonian Institution shall not use Federal funds in

excess of the amount specified in Public Law 101–185 for the

construction of the National Museum of the American Indian.

None of the funds in this or any other Act may be used

for the Holt House located at the National Zoological Park in

Washington, D.C., unless identified as repairs to minimize water

damage, monitor structure movement, or provide interim structural

support.

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art,

the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March

24, 1937 (50 Stat. 51), as amended by the public resolution of

April 13, 1939 (Public Resolution 9, Seventy-sixth Congress),

including services as authorized by 5 U.S.C. 3109; payment in

advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose

publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair,

and cleaning of uniforms for guards, and uniforms, or allowances

therefor, for other employees as authorized by law (5 U.S.C. 5901–

5902); purchase or rental of devices and services for protecting

buildings and contents thereof, and maintenance, alteration,

improvement, and repair of buildings, approaches, and grounds;

and purchase of services for restoration and repair of works of

art for the National Gallery of Art by contracts made, without

advertising, with individuals, firms, or organizations at such rates

or prices and under such terms and conditions as the Gallery

114 STAT. 984 PUBLIC LAW 106–291—OCT. 11, 2000

may deem proper, $64,781,000, of which not to exceed $3,026,000

for the special exhibition program shall remain available until

expended.

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation

of buildings, grounds and facilities owned or occupied by the

National Gallery of Art, by contract or otherwise, as authorized,

$10,871,000, to remain available until expended: Provided, That

contracts awarded for environmental systems, protection systems,

and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded

on the basis of contractor qualifications as well as price.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and

security of the John F. Kennedy Center for the Performing Arts,

$14,000,000.

CONSTRUCTION

For necessary expenses for capital repair and restoration of

the existing features of the building and site of the John F. Kennedy

Center for the Performing Arts, $20,000,000, to remain available

until expended.

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including

hire of passenger vehicles and services as authorized by 5 U.S.C.

3109, $7,310,000.

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation

on the Arts and the Humanities Act of 1965, as amended,

$98,000,000 shall be available to the National Endowment for the

Arts for the support of projects and productions in the arts through

assistance to organizations and individuals pursuant to sections

5(c) and 5(g) of the Act, for program support, and for administering

the functions of the Act, to remain available until expended: Provided, That funds previously appropriated to the National Endowment for the Arts ‘‘Matching Grants’’ account may be transferred

to and merged with this account.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 985

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation

on the Arts and the Humanities Act of 1965, as amended,

$104,604,000, shall be available to the National Endowment for

the Humanities for support of activities in the humanities, pursuant

to section 7(c) of the Act, and for administering the functions

of the Act, to remain available until expended.

MATCHING GRANTS

To carry out the provisions of section 10(a)(2) of the National

Foundation on the Arts and the Humanities Act of 1965, as

amended, $15,656,000, to remain available until expended, of which

$11,656,000 shall be available to the National Endowment for the

Humanities for the purposes of section 7(h): Provided, That this

appropriation shall be available for obligation only in such amounts

as may be equal to the total amounts of gifts, bequests, and devises

of money, and other property accepted by the chairman or by

grantees of the Endowment under the provisions of subsections

11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal

years for which equal amounts have not previously been appropriated.

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM SERVICES

GRANTS AND ADMINISTRATION

For carrying out subtitle C of the Museum and Library Services

Act of 1996, as amended, $24,907,000, to remain available until

expended.

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation

on the Arts and the Humanities may be used to process any grant

or contract documents which do not include the text of 18 U.S.C.

1913: Provided, That none of the funds appropriated to the National

Foundation on the Arts and the Humanities may be used for official

reception and representation expenses: Provided further, That funds

from nonappropriated sources may be used as necessary for official

reception and representation expenses.

CHALLENGE AMERICA ARTS FUND

CHALLENGE AMERICA GRANTS

For necessary expenses as authorized by Public Law 89–209,

as amended, $7,000,000 for support for arts education and public

outreach activities to be administered by the National Endowment

for the Arts, to remain available until expended.

114 STAT. 986 PUBLIC LAW 106–291—OCT. 11, 2000

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $1,078,000: Provided, That the

Commission is authorized to charge fees to cover the full costs

of its publications, and such fees shall be credited to this account

as an offsetting collection, to remain available until expended without further appropriation.

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190

(20 U.S.C. 956(a)), as amended, $7,000,000.

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic

Preservation (Public Law 89–665, as amended), $3,189,000: Provided, That none of these funds shall be available for compensation

of level V of the Executive Schedule or higher positions.

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital

Planning Act of 1952 (40 U.S.C. 71–71i), including services as

authorized by 5 U.S.C. 3109, $6,500,000: Provided, That all

appointed members of the Commission will be compensated at

a rate not to exceed the daily equivalent of the annual rate of

pay for positions at level IV of the Executive Schedule for each

day such member is engaged in the actual performance of duties.

UNITED STATES HOLOCAUST MEMORIAL COUNCIL

HOLOCAUST MEMORIAL COUNCIL

For expenses of the Holocaust Memorial Council, as authorized

by Public Law 96–388 (36 U.S.C. 1401), as amended, $34,439,000,

of which $1,900,000 for the museum’s repair and rehabilitation

program and $1,264,000 for the museum’s exhibitions program shall

remain available until expended.

PRESIDIO TRUST

PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus

Parks and Public Lands Management Act of 1996, $23,400,000

shall be available to the Presidio Trust, to remain available until

expended. The Trust is authorized to issue obligations to the Secretary of the Treasury pursuant to section 104(d)(3) of the Act,

in an amount not to exceed $10,000,000.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 987

TITLE III—GENERAL PROVISIONS

SEC. 301. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under

existing law, or under existing Executive order issued pursuant

to existing law.

SEC. 302. No part of any appropriation under this Act shall

be available to the Secretary of the Interior or the Secretary of

Agriculture for the leasing of oil and natural gas by noncompetitive

bidding on publicly owned lands within the boundaries of the

Shawnee National Forest, Illinois: Provided, That nothing herein

is intended to inhibit or otherwise affect the sale, lease, or right

to access to minerals owned by private individuals.

SEC. 303. No part of any appropriation contained in this Act

shall be available for any activity or the publication or distribution

of literature that in any way tends to promote public support

or opposition to any legislative proposal on which congressional

action is not complete.

SEC. 304. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 305. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal

cook, chauffeur, or other personal servants to any officer or

employee of such department or agency except as otherwise provided

by law.

SEC. 306. No assessments may be levied against any program,

budget activity, subactivity, or project funded by this Act unless

advance notice of such assessments and the basis therefor are

presented to the Committees on Appropriations and are approved

by such committees.

SEC. 307. None of the funds in this Act may be used to plan,

prepare, or offer for sale timber from trees classified as giant

sequoia (Sequoiadendron giganteum) which are located on National

Forest System or Bureau of Land Management lands in a manner

different than such sales were conducted in fiscal year 2000.

SEC. 308. None of the funds made available by this Act may

be obligated or expended by the National Park Service to enter

into or implement a concession contract which permits or requires

the removal of the underground lunchroom at the Carlsbad Caverns

National Park.

SEC. 309. None of the funds appropriated or otherwise made

available by this Act may be used for the AmeriCorps program,

unless the relevant agencies of the Department of the Interior

and/or Agriculture follow appropriate reprogramming guidelines:

Provided, That if no funds are provided for the AmeriCorps program

by the Departments of Veterans Affairs and Housing and Urban

Development, and Independent Agencies Appropriations Act, 2001,

then none of the funds appropriated or otherwise made available

by this Act may be used for the AmeriCorps programs.

SEC. 310. None of the funds made available in this Act may

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

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

bridge, when it is made known to the Federal official having

Contracts.

Public

information.

114 STAT. 988 PUBLIC LAW 106–291—OCT. 11, 2000

authority to obligate or expend such funds that such pedestrian

use is consistent with generally accepted safety standards.

SEC. 311. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall

be obligated or expended to accept or process applications for a

patent for any mining or mill site claim located under the general

mining laws.

(b) EXCEPTIONS.—The provisions of subsection (a) shall not

apply if the Secretary of the Interior determines that, for the

claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements

established under sections 2325 and 2326 of the Revised Statutes

(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329,

2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36,

and 37) for placer claims, and section 2337 of the Revised Statutes

(30 U.S.C. 42) for mill site claims, as the case may be, were

fully complied with by the applicant by that date.

(c) REPORT.—On September 30, 2001, the Secretary of the

Interior shall file with the House and Senate Committees on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources

of the Senate a report on actions taken by the Department under

the plan submitted pursuant to section 314(c) of the Department

of the Interior and Related Agencies Appropriations Act, 1997

(Public Law 104–208).

(d) MINERAL EXAMINATIONS.—In order to process patent

applications in a timely and responsible manner, upon the request

of a patent applicant, the Secretary of the Interior shall allow

the applicant to fund a qualified third-party contractor to be selected

by the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management

shall have the sole responsibility to choose and pay the thirdparty contractor in accordance with the standard procedures

employed by the Bureau of Land Management in the retention

of third-party contractors.

SEC. 312. Notwithstanding any other provision of law, amounts

appropriated to or earmarked in committee reports for the Bureau

of Indian Affairs and the Indian Health Service by Public Laws

103–138, 103–332, 104–134, 104–208, 105–83, 105–277, and 106–

113 for payments to tribes and tribal organizations for contract

support costs associated with self-determination or self-governance

contracts, grants, compacts, or annual funding agreements with

the Bureau of Indian Affairs or the Indian Health Service as funded

by such Acts, are the total amounts available for fiscal years 1994

through 2000 for such purposes, except that, for the Bureau of

Indian Affairs, tribes and tribal organizations may use their tribal

priority allocations for unmet indirect costs of ongoing contracts,

grants, self-governance compacts or annual funding agreements.

SEC. 313. Notwithstanding any other provision of law, for fiscal

year 2001 the Secretaries of Agriculture and the Interior are authorized to limit competition for watershed restoration project contracts

as part of the ‘‘Jobs in the Woods’’ component of the President’s

Forest Plan for the Pacific Northwest or the Jobs in the Woods

Program established in Region 10 of the Forest Service to individuals and entities in historically timber-dependent areas in the

States of Washington, Oregon, northern California and Alaska that

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 989

have been affected by reduced timber harvesting on Federal lands.

The Secretaries shall consider the benefits to the local economy

in evaluating bids and designing procurements which create economic opportunities for local contractors.

SEC. 314. None of the funds collected under the Recreational

Fee Demonstration program may be used to plan, design, or construct a visitor center or any other permanent structure without

prior approval of the House and the Senate Committees on Appropriations if the estimated total cost of the facility exceeds $500,000.

SEC. 315. All interests created under leases, concessions, permits and other agreements associated with the properties administered by the Presidio Trust, hereafter shall be exempt from all

taxes and special assessments of every kind by the State of California and its political subdivisions.

SEC. 316. None of the funds made available in this or any

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

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

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

would be contrary to county ordinance.

SEC. 317. Of the funds provided to the National Endowment

for the Arts—

(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American

Jazz Masters Fellowship.

(2) The Chairperson shall establish procedures to ensure

that no funding provided through a grant, except a grant made

to a State or local arts agency, or regional group, may be

used to make a grant to any other organization or individual

to conduct activity independent of the direct grant recipient.

Nothing in this subsection shall prohibit payments made in

exchange for goods and services.

(3) No grant shall be used for seasonal support to a group,

unless the application is specific to the contents of the season,

including identified programs and/or projects.

SEC. 318. The National Endowment for the Arts and the

National Endowment for the Humanities are authorized to solicit,

accept, receive, and invest in the name of the United States, gifts,

bequests, or devises of money and other property or services and

to use such in furtherance of the functions of the National Endowment for the Arts and the National Endowment for the Humanities.

Any proceeds from such gifts, bequests, or devises, after acceptance

by the National Endowment for the Arts or the National Endowment for the Humanities, shall be paid by the donor or the representative of the donor to the Chairman. The Chairman shall

enter the proceeds in a special interest-bearing account to the

credit of the appropriate endowment for the purposes specified

in each case.

SEC. 319. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the

Chairperson of the National Endowment for the Arts shall ensure

that priority is given to providing services or awarding financial

assistance for projects, productions, workshops, or programs that

serve underserved populations.

(b) In this section:

16 USC 459j-4

note.

16 USC 460bb

note.

114 STAT. 990 PUBLIC LAW 106–291—OCT. 11, 2000

(1) The term ‘‘underserved population’’ means a population

of individuals, including urban minorities, who have historically

been outside the purview of arts and humanities programs

due to factors such as a high incidence of income below the

poverty line or to geographic isolation.

(2) The term ‘‘poverty line’’ means the poverty line (as

defined by the Office of Management and Budget, and revised

annually in accordance with section 673(2) of the Community

Services Block Grant Act (42 U.S.C. 9902(2))) applicable to

a family of the size involved.

(c) In providing services and awarding financial assistance

under the National Foundation on the Arts and Humanities Act

of 1965 with funds appropriated by this Act, the Chairperson of

the National Endowment for the Arts shall ensure that priority

is given to providing services or awarding financial assistance for

projects, productions, workshops, or programs that will encourage

public knowledge, education, understanding, and appreciation of

the arts.

(d) With funds appropriated by this Act to carry out section

5 of the National Foundation on the Arts and Humanities Act

of 1965—

(1) the Chairperson shall establish a grant category for

projects, productions, workshops, or programs that are of

national impact or availability or are able to tour several States;

(2) the Chairperson shall not make grants exceeding 15

percent, in the aggregate, of such funds to any single State,

excluding grants made under the authority of paragraph (1);

(3) the Chairperson shall report to the Congress annually

and by State, on grants awarded by the Chairperson in each

grant category under section 5 of such Act; and

(4) the Chairperson shall encourage the use of grants to

improve and support community-based music performance and

education.

SEC. 320. ADVISORY COMMITTEE ON FOREST COUNTIES PAYMENTS.

(a) DEFINITIONS.—In this section:

(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’

means the Forest Counties Payments Committee established

by this section.

(2) COMMITTEES OF JURISDICTION.—The term ‘‘committees

of jurisdiction’’ means the Committee on Agriculture, the Committee on Resources, and the Committee on Appropriations

of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry, the Committee on Energy

and Natural Resources, and the Committee on Appropriations

of the Senate.

(3) ELIGIBLE COUNTY.—The term ‘‘eligible county’’ means

a county that, for one or more of the fiscal years 1986 through

1999, received—

(A) a payment under title II of the Act of August

28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f),

or the Act of May 24, 1939 (chapter 144; 53 Stat. 753;

43 U.S.C. 1181f–1 et seq.); or

(B) a portion of an eligible State’s payment, as

described in paragraph (4).

(4) ELIGIBLE STATE.—The term ‘‘eligible State’’ means a

State that, for one or more of the fiscal years 1986 through

16 USC 500 note.

Reports.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 991

1999, received a payment under the sixth paragraph under

the heading of ‘‘FOREST SERVICE’’ in the Act of May 23,

1908 (35 Stat. 260; 16 U.S.C. 500), or section 13 of the Act

of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

(5) FEDERAL LANDS.—The term ‘‘Federal lands’’ means the

following:

(A) Lands within the National Forest System, as

defined in section 11(a) of the Forest and Rangeland

Renewable Resources Planning Act of 1974 (16 U.S.C.

1609(a)), exclusive of the National Grasslands and land

utilization projects designated as National Grasslands

administered pursuant to the Act of July 22, 1937 (7 U.S.C.

1010–1012).

(B) Such portions of the Oregon and California Railroad

grant lands revested in the United States by the Act of

June 9, 1916 (chapter 137; 39 Stat. 218), and the Coos

Bay Wagon Road grant lands reconveyed to the United

States by the Act of February 26, 1919 (chapter 47; 40

Stat. 1179), as are or may hereafter come under the jurisdiction of the Secretary of the Interior, which have heretofore or may hereafter be classified as timberlands, and

power-site lands valuable for timber, that shall be managed, except as provided in the former section 3 of the

Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181c),

for permanent forest production.

(6) SUSTAINABLE FORESTRY.—The term ‘‘sustainable forestry’’ means the practice of meeting the forest resource needs

and values of the present without compromising the similar

capability of future generations.

(b) ESTABLISHMENT OF ADVISORY COMMITTEE.—

(1) ESTABLISHMENT REQUIRED.—There is hereby established

an advisory committee, to be known as the Forest Counties

Payments Committee, to develop recommendations, consistent

with sustainable forestry, regarding methods to ensure that

States and counties in which Federal lands are situated receive

adequate Federal payments to be used for the benefit of public

education and other public purposes.

(2) MEMBERS.—The Advisory Committee shall be composed

of the following members:

(A) The Chief of the Forest Service, or a designee

of the Chief who has significant expertise in sustainable

forestry.

(B) The Director of the Bureau of Land Management,

or a designee of the Director who has significant expertise

in sustainable forestry.

(C) The Director of the Office of Management and

Budget, or the Director’s designee.

(D) Two members who are elected members of the

governing branches of eligible counties; one such member

to be appointed by the President pro tempore of the Senate

(in consultation with the chairmen and ranking members

of the committees of jurisdiction of the Senate) and one

such member to be appointed by the Speaker of the House

of Representatives (in consultation with the chairmen and

ranking members of the committees of jurisdiction of the

House of Representatives) within 60 days of the date of

the enactment of this Act.

Forest Counties

Payments

Committee.

114 STAT. 992 PUBLIC LAW 106–291—OCT. 11, 2000

(E) Two members who are elected members of school

boards for, superintendents from, or teachers employed

by, school districts in eligible counties; one such member

to be appointed by the President pro tempore of the Senate

(in consultation with the chairmen and ranking members

of the committees of jurisdiction of the Senate) and one

such member to be appointed by the Speaker of the House

of Representatives (in consultation with the chairmen and

ranking members of the committees of jurisdiction of the

House of Representatives) within 60 days of the date of

the enactment of this Act.

(3) GEOGRAPHIC REPRESENTATION.—In making appointments under subparagraphs (D) and (E) of paragraph (2), the

President pro tempore of the Senate and the Speaker of the

House of Representatives shall seek to ensure that the Advisory

Committee members are selected from geographically diverse

locations.

(4) ORGANIZATION OF ADVISORY COMMITTEE.—

(A) CHAIRPERSON.—The Chairperson of the Advisory

Committee shall be selected from among the members

appointed pursuant to subparagraphs (D) and (E) of paragraph (2).

(B) VACANCIES.—Any vacancy in the membership of

the Advisory Committee shall be filled in the same manner

as required by paragraph (2). A vacancy shall not impair

the authority of the remaining members to perform the

functions of the Advisory Committee under this section.

(C) COMPENSATION.—The members of the Advisory

Committee who are not officers or employees of the United

States, while attending meetings or other events held by

the Advisory Committee or at which the members serve

as representatives of the Advisory Committee or while

otherwise serving at the request of the Chairperson of

the Advisory Committee, shall each be entitled to receive

compensation at a rate not in excess of the maximum

rate of pay for grade GS–15, as provided in the General

Schedule, including traveltime, and while away from their

homes or regular places of business, shall each be

reimbursed for travel expenses, including per diem in lieu

of subsistence as authorized by section 5703 of title 5,

United States Code, for persons in Government service

employed intermittently.

(5) STAFF AND RULES.—

(A) EXECUTIVE DIRECTOR.—The Advisory Committee

shall have an Executive Director, who shall be appointed

by the Advisory Committee and serve at the pleasure of

the Advisory Committee. The Executive Director shall

report to the Advisory Committee and assume such duties

as the Advisory Committee may assign. The Executive

Director shall be paid at a rate not in excess of the maximum rate of pay for grade GS–15, as provided in the

General Schedule.

(B) OTHER STAFF.—In addition to authority to appoint

personnel subject to the provisions of title 5, United States

Code, governing appointments to the competitive service,

and to pay such personnel in accordance with the provisions

of chapter 51 and subchapter III of chapter 53 of such

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 993

title relating to classification and General Schedule pay

rates, the Advisory Committee shall have authority to enter

into contracts with private or public organizations which

may furnish the Advisory Committee with such administrative and technical personnel as may be necessary to carry

out the functions of the Advisory Committee under this

section. To the extent practicable, such administrative and

technical personnel, and other necessary support services,

shall be provided for the Advisory Committee by the Chief

of the Forest Service and the Director of the Bureau of

Land Management.

(C) COMMITTEE RULES.—The Advisory Committee may

establish such procedural and administrative rules as are

necessary for the performance of its functions under this

section.

(6) FEDERAL AGENCY COOPERATION.—The heads of the

departments, agencies, and instrumentalities of the executive

branch of the Federal Government shall cooperate with the

Advisory Committee in the performance of its functions under

this section and should furnish, as practicable, to the Advisory

Committee information which the Advisory Committee deems

necessary to carry out such functions.

(c) FUNCTIONS OF ADVISORY COMMITTEE.—

(1) DEVELOPMENT OF RECOMMENDATIONS.—

(A) IN GENERAL.—The Advisory Committee shall

develop recommendations for policy or legislative initiatives

(or both) regarding alternatives for, or substitutes to, the

payments required to be made to eligible States and eligible

counties under the provisions of law referred to in paragraphs (3) and (4) of subsection (a) in order to provide

a long-term method to generate annual payments to eligible

States and eligible counties.

(B) REPORTING REQUIREMENTS.—Not later than 18

months after the date of the enactment of this Act, the

Advisory Committee shall submit to the committees of

jurisdiction a final report containing the recommendations

developed under this subsection. The Advisory Committee

shall submit semiannual progress reports on its activities

and expenditures to the committees of jurisdiction until

the final report has been submitted.

(2) GUIDANCE FOR COMMITTEE.—In developing the recommendations required by paragraph (1), the Advisory Committee shall—

(A) evaluate the method by which payments are made

to eligible States and eligible counties under the provisions

of law referred to in paragraphs (3) and (4) of subsection

(a), and related laws, and the use of such payments;

(B) consider the impact on eligible States and eligible

counties of revenues derived from the historic multiple

use of the Federal lands;

(C) evaluate the economic, environmental, and social

benefits which accrue to counties containing Federal lands,

including recreation, natural resources industries, and the

value of environmental services that result from Federal

lands; and

(D) evaluate the expenditures by counties on activities

on Federal lands which are Federal responsibilities.

Deadline.

114 STAT. 994 PUBLIC LAW 106–291—OCT. 11, 2000

(3) MONITORING AND RELATED REPORTING ACTIVITIES.—The

Advisory Committee shall monitor the payments made to

eligible States and eligible counties under the provisions of

law referred to in paragraphs (3) and (4) of subsection (a),

and related laws, and submit to the committees of jurisdiction

an annual report describing the amounts and sources of such

payments and containing such comments as the Advisory Committee may have regarding such payments.

(4) TESTIMONY.—The Advisory Committee shall make itself

available for testimony or comments on the reports required

to be submitted by the Advisory Committee and on any legislation or regulations to implement any recommendations made

in such reports in any congressional hearings or any rulemaking

or other administrative decision process.

(d) FEDERAL ADVISORY COMMITTEE ACT REQUIREMENTS.—The

provisions of the Federal Advisory Committee Act (5 U.S.C. App.)

shall apply to the Advisory Committee.

(e) TERMINATION OF ADVISORY COMMITTEE.—The Advisory Committee shall terminate three years after the date of the enactment

of this Act.

(f) FUNDING SOURCE.—At the request of the Executive Director

of the Advisory Committee, the Secretary of Agriculture shall provide funds from any account available to the Secretary, not to

exceed $200,000 in fiscal year 2001, for the work of the Advisory

Committee necessary to meet the requirements of this section.

SEC. 321. No part of any appropriation contained in this Act

shall be expended or obligated to complete and issue the 5-year

program under the Forest and Rangeland Renewable Resources

Planning Act.

SEC. 322. None of the funds in this Act may be used to support

Government-wide administrative functions unless such functions

are justified in the budget process and funding is approved by

the House and Senate Committees on Appropriations.

SEC. 323. Notwithstanding any other provision of law, none

of the funds in this Act may be used for GSA Telecommunication

Centers or the President’s Council on Sustainable Development.

SEC. 324. None of the funds in this Act may be used for

planning, design or construction of improvements to Pennsylvania

Avenue in front of the White House without the advance approval

of the House and Senate Committees on Appropriations.

SEC. 325. Amounts deposited during fiscal year 2000 in the

roads and trails fund provided for in the fourteenth paragraph

under the heading ‘‘FOREST SERVICE’’ of the Act of March 4,

1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary

of Agriculture, without regard to the State in which the amounts

were derived, to repair or reconstruct roads, bridges, and trails

on National Forest System lands or to carry out and administer

projects to improve forest health conditions, which may include

the repair or reconstruction of roads, bridges, and trails on National

Forest System lands in the wildland-community interface where

there is an abnormally high risk of fire. The projects shall emphasize reducing risks to human safety and public health and property

and enhancing ecological functions, long-term forest productivity,

and biological integrity. The Secretary shall commence the projects

during fiscal year 2001, but the projects may be completed in

a subsequent fiscal year. Funds shall not be expended under this

section to replace funds which would otherwise appropriately be

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 995

expended from the timber salvage sale fund. Nothing in this section

shall be construed to exempt any project from any environmental

law.

SEC. 326. None of the funds provided in this or previous appropriations Acts for the agencies funded by this Act or provided

from any accounts in the Treasury of the United States derived

by the collection of fees available to the agencies funded by this

Act, shall be transferred to and used to fund personnel, training,

or other administrative activities of the Council on Environmental

Quality or other offices in the Executive Office of the President

for purposes related to the American Heritage Rivers program.

SEC. 327. Other than in emergency situations, none of the

funds in this Act may be used to operate telephone answering

machines during core business hours unless such answering

machines include an option that enables callers to reach promptly

an individual on-duty with the agency being contacted.

SEC. 328. No timber sale in Region 10 shall be advertised

if the indicated rate is deficit when appraised under the transaction

evidence appraisal system using domestic Alaska values for western

red cedar: Provided, That sales which are deficit when appraised

under the transaction evidence appraisal system using domestic

Alaska values for western red cedar may be advertised upon receipt

of a written request by a prospective, informed bidder, who has

the opportunity to review the Forest Service’s cruise and harvest

cost estimate for that timber. Program accomplishments shall be

based on volume sold. Should Region 10 sell, in fiscal year 2001,

the annual average portion of the decadal allowable sale quantity

called for in the current Tongass Land Management Plan in sales

which are not deficit when appraised under the transaction evidence

appraisal system using domestic Alaska values for western red

cedar, all of the western red cedar timber from those sales which

is surplus to the needs of domestic processors in Alaska, shall

be made available to domestic processors in the contiguous 48

United States at prevailing domestic prices. Should Region 10 sell,

in fiscal year 2001, less than the annual average portion of the

decadal allowable sale quantity called for in the current Tongass

Land Management Plan in sales which are not deficit when

appraised under the transaction evidence appraisal system using

domestic Alaska values for western red cedar, the volume of western

red cedar timber available to domestic processors at prevailing

domestic prices in the contiguous 48 United States shall be that

volume: (i) which is surplus to the needs of domestic processors

in Alaska; and (ii) is that percent of the surplus western red

cedar volume determined by calculating the ratio of the total timber

volume which has been sold on the Tongass to the annual average

portion of the decadal allowable sale quantity called for in the

current Tongass Land Management Plan. The percentage shall

be calculated by Region 10 on a rolling basis as each sale is

sold (for purposes of this amendment, a ‘‘rolling basis’’ shall mean

that the determination of how much western red cedar is eligible

for sale to various markets shall be made at the time each sale

is awarded). Western red cedar shall be deemed ‘‘surplus to the

needs of domestic processors in Alaska’’ when the timber sale holder

has presented to the Forest Service documentation of the inability

to sell western red cedar logs from a given sale to domestic Alaska

processors at price equal to or greater than the log selling value

stated in the contract. All additional western red cedar volume

114 STAT. 996 PUBLIC LAW 106–291—OCT. 11, 2000

not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the

timber sale holder. All Alaska yellow cedar may be sold at prevailing

export prices at the election of the timber sale holder.

SEC. 329. None of the funds appropriated by this Act shall

be used to propose or issue rules, regulations, decrees, or orders

for the purpose of implementation, or in preparation for

implementation, of the Kyoto Protocol which was adopted on

December 11, 1997, in Kyoto, Japan at the Third Conference of

the Parties to the United Nations Framework Convention on Climate Change, which has not been submitted to the Senate for

advice and consent to ratification pursuant to article II, section

2, clause 2, of the United States Constitution, and which has

not entered into force pursuant to article 25 of the Protocol.

SEC. 330. In fiscal years 2001 through 2005, the Secretaries

of the Interior and Agriculture may pilot test agency-wide joint

permitting and leasing programs, subject to annual review of Congress, and promulgate special rules as needed to test the feasibility

of issuing unified permits, applications, and leases. The Secretaries

of the Interior and Agriculture may make reciprocal delegations

of their respective authorities, duties and responsibilities in support

of the ‘‘Service First’’ initiative agency-wide to promote customer

service and efficiency. Nothing herein shall alter, expand or limit

the applicability of any public law or regulation to lands administered by the Bureau of Land Management or the Forest Service.

SEC. 331. FEDERAL AND STATE COOPERATIVE WATERSHED RESTORATION AND PROTECTION IN COLORADO. (a) USE OF COLORADO

STATE FOREST SERVICE.—Until September 30, 2004, the Secretary

of Agriculture, via cooperative agreement or contract (including

sole source contract) as appropriate, may permit the Colorado State

Forest Service to perform watershed restoration and protection

services on National Forest System lands in the State of Colorado

when similar and complementary watershed restoration and protection services are being performed by the State Forest Service on

adjacent State or private lands. The types of services that may

be extended to National Forest System lands include treatment

of insect infected trees, reduction of hazardous fuels, and other

activities to restore or improve watersheds or fish and wildlife

habitat across ownership boundaries.

(b) STATE AS AGENT.—Except as provided in subsection (c),

a cooperative agreement or contract under subsection (a) may

authorize the State Forester of Colorado to serve as the agent

for the Forest Service in providing all services necessary to facilitate

the performance of watershed restoration and protection services

under subsection (a). The services to be performed by the Colorado

State Forest Service may be conducted with subcontracts utilizing

State contract procedures. Subsections (d) and (g) of section 14

of the National Forest Management Act of 1976 (16 U.S.C. 472a)

shall not apply to services performed under a cooperative agreement

or contract under subsection (a).

(c) RETENTION OF NEPA RESPONSIBILITIES.—With respect to

any watershed restoration and protection services on National

Forest System lands proposed for performance by the Colorado

State Forest Service under subsection (a), any decision required

to be made under the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.) may not be delegated to the State Forester

43 USC 1701

note.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 997

of Colorado or any other officer or employee of the Colorado State

Forest Service.

SEC. 332. None of the funds appropriated or otherwise made

available by this Act may be used to issue a record of decision

implementing the Interior Columbia Basin Ecosystem Management

Project until the Secretaries of Agriculture and the Interior submit

to Congress a report evaluating, for the area to be covered by

the project, both the effect of the year 2000 wildfires and the

President’s initiative for managing the impact of wildfires on

communities and the environment.

SEC. 333. The Forest Service, in consultation with the Department of Labor, shall review Forest Service campground concessions

policy to determine if modifications can be made to Forest Service

contracts for campgrounds so that such concessions fall within

the regulatory exemption of 29 CFR 4.122(b). The Forest Service

shall offer in fiscal year 2001 such concession prospectuses under

the regulatory exemption, except that, any prospectus that does

not meet the requirements of the regulatory exemption shall be

offered as a service contract in accordance with the requirements

of 41 U.S.C. 351–358.

SEC. 334. A project undertaken by the Forest Service under

the Recreation Fee Demonstration Program as authorized by section

315 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1996, as amended, shall not result

in—

(1) displacement of the holder of an authorization to provide

commercial recreation services on Federal lands. Prior to initiating any project, the Secretary shall consult with potentially

affected holders to determine what impacts the project may

have on the holders. Any modifications to the authorization

shall be made within the terms and conditions of the authorization and authorities of the impacted agency.

(2) the return of a commercial recreation service to the

Secretary for operation when such services have been provided

in the past by a private sector provider, except when—

(A) the private sector provider fails to bid on such

opportunities;

(B) the private sector provider terminates its relationship with the agency; or

(C) the agency revokes the permit for non-compliance

with the terms and conditions of the authorization.

In such cases, the agency may use the Recreation Fee Demonstration Program to provide for operations until a subsequent operator

can be found through the offering of a new prospectus.

SEC. 335. Section 801 of the National Energy Conservation

Policy Act (42 U.S.C. 8287(a)(2)(D)(iii)) is amended by striking

‘‘$750,000’’ and inserting ‘‘$10,000,000’’.

SEC. 336. In section 315(f) of title III of section 101(c) of

Public Law 104–134 (16 U.S.C. 460l–6a note), as amended, strike

‘‘September 30, 2001’’ and insert ‘‘September 30, 2002’’, and strike

‘‘September 30, 2004’’ and insert ‘‘September 30, 2005’’.

SEC. 337. None of the funds in this Act may be used by

the Secretary of the Interior to issue a prospecting permit for

hardrock mineral exploration on Mark Twain National Forest land

in the Current River/Jack’s Fork River—Eleven Point Watershed

(not including Mark Twain National Forest land in Townships

16 USC 460l–6a

note.

Reports.

114 STAT. 998 PUBLIC LAW 106–291—OCT. 11, 2000

31N and 32N, Range 2 and Range 3 West, on which mining activities are taking place as of the date of the enactment of this Act):

Provided, That none of the funds in this Act may be used by

the Secretary of the Interior to segregate or withdraw land in

the Mark Twain National Forest, Missouri under section 204 of

the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1714).

SEC. 338. The authority to enter into stewardship and end

result contracts provided to the Forest Service in accordance with

section 347 of title III of section 101(e) of division A of Public

Law 105–825 is hereby expanded to authorize the Forest Service

to enter into an additional 28 contracts subject to the same terms

and conditions as provided in that section: Provided, That of the

additional contracts authorized by this section at least 9 shall

be allocated to Region 1 and at least 3 to Region 6.

SEC. 339. Any regulations or policies promulgated or adopted

by the Departments of Agriculture or the Interior regarding recovery

of costs for processing authorizations to occupy and use Federal

lands under their control shall adhere to and incorporate the following principle arising from Office of Management and Budget

Circular, A–25; no charge should be made for a service when the

identification of the specific beneficiary is obscure, and the service

can be considered primarily as benefiting broadly the general public.

SEC. 340. None of the funds made available in this Act may

be used by the Secretary of the Interior or the Secretary of Agriculture to implement a final rule for estimating fair market value

land use rental fees for fiberoptic communications rights-of-way

on Federal lands that amends or replaces the linear right-of-way

rental fee schedule published on July 8, 1987 (43 CFR 2803.1–

2(c)(1)(I)). In determining rental fees for fiberoptic rights-of-way,

the Secretaries shall use the rates contained in the linear rightof-way rental fee schedules in place on May 1, 2000.

SEC. 341. Notwithstanding any other provision of law, for fiscal

year 2001, the Secretary of Agriculture is authorized to limit competition for fire and fuel treatment and watershed restoration contracts in the Giant Sequoia National Monument and the Sequoia

National Forest. Preference for employment shall be given to dislocated and displaced workers in Tulare, Kern and Fresno Counties,

California, for work associated with the establishment of the Giant

Sequoia National Monument.

SEC. 344. From funds previously appropriated under the

heading ‘‘DEPARTMENT OF ENERGY, FOSSIL ENERGY RESEARCH

AND DEVELOPMENT’’, $4,000,000 is available for computational services at the National Energy Technology Laboratory.

SEC. 345. BACKCOUNTRY LANDING STRIP ACCESS. (a) IN GENERAL.—Funds made available by this Act shall not be used to

permanently close aircraft landing strips, officially recognized by

State or Federal aviation officials, without public notice, consultation with cognizant State and Federal aviation officials and the

consent of the Federal Aviation Administration.

(b) AIRCRAFT LANDING STRIPS.—An aircraft landing strip

referred to in subsection (a) is a landing strip on Federal land

administered by the Secretary of the Interior or the Secretary

of Agriculture that is commonly known, and is consistently used

for aircraft landing and departure activities.

16 USC 2104

note.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 999

(c) PERMANENT CLOSURE.—For the purposes of subsection (a),

an aircraft landing strip shall be considered to be closed permanently if the intended duration of the closure is more than 180

days in any calendar year.

SEC. 346. COLUMBIA RIVER GORGE NATIONAL SCENIC AREA.

(a) LAND ACQUISITION.—Section 9 of the Columbia River Gorge

National Scenic Area Act (16 U.S.C. 544g) is amended:

(1) by redesignating subsection (e) as subsection (g); and

(2) by inserting after subsection (d) the following:

‘‘(e) APPRAISALS.—

‘‘(1) DEFINITION OF LANDOWNER.—In this subsection, the

term ‘landowner’ means the owner of legal or equitable title

as of September 1, 2000.

‘‘(2) APPRAISAL STANDARDS.—Except as provided in paragraph (3), land acquired or conveyed by purchase or exchange

under this section shall be appraised in conformity with the

Uniform Appraisal Standards for Federal Land Acquisitions.

‘‘(3) SPECIAL MANAGEMENT AREAS.—

‘‘(A) BEFORE APRIL 1, 2001.—Land within a special

management area for which the landowner, before April

1, 2001, makes a written bona fide offer to convey to

the Secretary for fair market value shall be appraised—

‘‘(i) without regard to the effect of any zoning or

land use restriction made in response to this Act; but

‘‘(ii) subject to any other current zoning or land

use restriction imposed by the State or locality in which

the land is located on the date of the offer.

‘‘(B) ON OR AFTER APRIL 1, 2001.—Land within a special

management area for which the landowner, on or after

April 1, 2001, makes a written bona fide offer to convey

to the Secretary for fair market value shall be appraised

subject to—

‘‘(i) any zoning or land use restriction made in

response to this Act; and

‘‘(ii) any other current zoning or land use restriction that applies to the land on the date of the offer.

‘‘(f) AUTHORIZATION FOR CERTAIN LAND EXCHANGES.—

‘‘(1) IN GENERAL.—To facilitate priority land exchanges

through which land within the boundaries of the White Salmon

Wild and Scenic River or within the scenic area is conveyed

to the United States, the Secretary may accept title to such

land as the Secretary determines to be appropriate within

the States, regardless of the State in which the land conveyed

by the Secretary in exchange is located, in accordance with

land exchange authorities available to the Secretary under

applicable law.

‘‘(2) SPECIAL RULE FOR LAND CERTAIN EXCHANGES.—Notwithstanding any other provision of law—

‘‘(A) any exchange described in paragraph (1) for which

an agreement to initiate has been executed as of September

30, 2000, shall continue; and

‘‘(B) any timber stumpage proceeds collected under the

exchange shall be retained by the Forest Service to complete the exchange.’’.

(b) ADMINISTRATION OF SPECIAL MANAGEMENT AREAS.—Section

8(o) of the Columbia River Gorge National Scenic Area Act (16

U.S.C. 544f) is amended—

114 STAT. 1000 PUBLIC LAW 106–291—OCT. 11, 2000

(1) by striking ‘‘Any ordinance’’ and inserting the following:

‘‘(1) IN GENERAL.—Any ordinance’’;

(2) in the first sentence, by striking ‘‘the Uniform Appraisal

Standards for Federal Land Acquisitions (Interagency Land

Acquisition Conference, 1973).’’ and inserting ‘‘section 9(e).’’;

and

(3) by adding at the end the following:

‘‘(2) APPLICABILITY.—This subsection shall not apply to any

land offered to the Secretary for acquisition after March 31,

2001.’’.

(c) PUBLICATION OF NOTICE.—

(1) Not later than November 1, 2000, the Secretary of

Agriculture shall provide notice of the provisions contained

in the amendments made by subsections (a) and (b) through—

(A) publication of a notice in the Federal Register

and in newspapers of general circulation in the counties

in the Columbia River Gorge National Scenic Area; and

(B) posting of a notice in each facility of the United

States Postal Service located in those counties.

(2) If the counties wherein special management areas are

located provide the Forest Service administrator of the

Columbia River Gorge National Scenic Area lists of the names

and addresses of landowners within the special management

areas as of September 1, 2000, the Forest Service shall send

to such names and addresses by certified first class mail notice

of the provisions contained in the amendments made by subsections (a) and (b);

(A) The mailing shall occur within twenty working

days of the receipt of the list; and

(B) The mailing shall constitute constructive notice

to landowners, and proof of receipt by the addressee shall

not be required.

(d) DESIGNATION OF SPECIAL MANAGEMENT AREAS.—Section

4(b)(2) of the Columbia River Gorge National Scenic Area Act (16

U.S.C. 544b(b)(2)) is amended—

(1) in paragraph (2), by striking ‘‘in this section’’ and

inserting ‘‘by paragraph (1)’’; and

(2) by adding at the end the following:

‘‘(3) MODIFICATION OF BOUNDARIES.—The boundaries of the

special management areas are modified as depicted on a map

dated September 20, 2000, which shall be on file and available

for public inspection in the office of the Chief of the Forest

Service in Washington, District of Columbia, and copies shall

be available in the office of the Commission, and the headquarters of the scenic area.’’.

(e) PAYMENTS TO LOCAL GOVERNMENTS.—Section 14(c)(3) of

the Columbia River Gorge National Scenic Area Act (16 U.S.C.

544l(c)(3)) is amended—

(1) by striking ‘‘(3) No payment’’ and inserting the following:

‘‘(3) LIMITATION.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), no payment’’;

(2) by striking ‘‘fifth’’ and inserting ‘‘eighth’’; and

(3) by adding at the end the following:

‘‘(B) CONTINUATION OF CERTAIN PAYMENTS.—For any

land or interest in land for which the Secretary is making

Federal Register,

publication.

Deadline.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1001

a payment in fiscal year 2000, such payment shall be

continued for a total of eight fiscal years.’’.

SEC. 347. (a) EXCHANGE REQUIRED.—In exchange for the nonFederal lands and the additional consideration described in subsection (b), the Secretary of Agriculture shall convey to Kern

County, California, all right, title, and interest of the United States

in and to four parcels of land under the jurisdiction of the Forest

Service in Kern County, as follows:

(1) Approximately 70 acres known as Camp Owen as

depicted on the map entitled ‘‘Camp Owen’’, dated June 15,

2000.

(2) Approximately 4 acres known as Wofford Heights Park

as depicted on the map entitled ‘‘Wofford Heights Park’’, dated

June 15, 2000.

(3) Approximately 4 acres known as the French Gulch

maintenance yard as depicted on the map entitled ‘‘French

Gulch Maintenance Yard’’, dated June 15, 2000.

(4) Approximately 14 acres known as the Kernville Fish

Hatchery as depicted on the map entitled ‘‘Kernville Fish

Hatchery’’, dated June 15, 2000.

(b) CONSIDERATION.—

(1) CONVEYANCE OF NON-FEDERAL LANDS.—As consideration

for the conveyance of the Federal lands referred to in subsection

(a), Kern County shall convey to the Secretary a parcel of

land for fair market value consisting of approximately 52 acres

as depicted on the map entitled ‘‘Greenhorn Mountain Park’’,

located in Kern County, California, dated June 18, 2000.

(2) REPLACEMENT FACILITY.—As additional consideration

for the conveyance of the storage facility located at the maintenance yard referred to in subsection (a)(3), Kern County shall

provide a replacement storage facility of comparable size and

condition, as acceptable to the Secretary, at the Greenhorn

Ranger District Lake Isabella Maintenance Yard property.

(3) CASH EQUALIZATION PAYMENT.—As additional consideration for the conveyance of the Federal lands referred to in

subsection (a), Kern County shall tender a cash equalization

payment specified by the Secretary. The cash equalization payment shall be based upon an appraisal performed at the option

of the Forest Service pursuant to section 206(b) of the Federal

Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).

(c) CONDITIONS ON ACCEPTANCE.—Title to the non-Federal lands

to be conveyed under this section must be acceptable to the Secretary, and the conveyance shall be subject to valid existing rights

of record. The non-Federal lands shall conform with the title

approval standards applicable to Federal land acquisitions.

(d) TIME FOR CONVEYANCE.—Subject to subsection (c), the Secretary shall complete the conveyance of the Federal lands under

subsection (a) within 3 months after Kern County tenders to the

Secretary the consideration required by subsection (b).

(e) STATUS OF ACQUIRED LANDS.—Upon approval and acceptance of title by the Secretary, the non-Federal lands conveyed

to the United States under this section shall become part of Sequoia

National Forest, and the boundaries of the national forest shall

be adjusted to include the acquired lands. The Secretary shall

manage the acquired lands for recreational purposes in accordance

with the laws and regulations pertaining to the National Forest

114 STAT. 1002 PUBLIC LAW 106–291—OCT. 11, 2000

System. For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9), the boundaries of the

national forest, as adjusted pursuant to this section, shall be considered to be the boundaries of the national forest as of January

1, 1965.

(f) RELATIONSHIP TO ENVIRONMENTAL LIABILITY.—In connection

with the conveyances under this section, the Secretary may require

such additional terms and conditions related to environmental

liability as the Secretary considers appropriate to protect the

interests of the United States.

(g) LEGAL DESCRIPTIONS.—The exact acreage and legal description of the real property to be exchanged under this section shall

be determined by a survey or surveys satisfactory to the Secretary.

The costs of any such survey, as well as other administrative

costs incurred to execute the land exchange (other than costs

incurred by Kern County to comply with subsection (h)), shall

be divided equally between the Secretary and Kern County.

(h) TREATMENT OF EXISTING UTILITY LINES AT CAMP OWEN.—

Upon receipt of the Federal lands described in subsection (a)(1),

Kern County shall grant an easement, and record the easement

in the appropriate office, for permitted or licensed uses of those

lands that are unrecorded as of the date of the conveyance.

(i) APPLICABLE LAW.—Except as otherwise provided in this

section, any exchange of National Forest System land under this

section shall be subject to the laws (including regulations) applicable

to the conveyance and acquisition of land for the National Forest

System.

SEC. 348. (a) ESTABLISHMENT.—Not later than March 1, 2001,

the Secretary shall cause to be established an advisory group to

provide continuing expert advice and counsel to the Director of

the National Energy Technology Laboratory (NETL) with respect

to the research and development activities NETL conducts and

manages.

(b) MEMBERSHIP.—

(1) IN GENERAL.—The advisory group shall be composed

of—

(A) a balanced group of—

(i) representatives of academia;

(ii) representatives of industry;

(iii) representatives of non-governmental organizations; and

(iv) representatives of energy regulatory agencies;

(B) a representative of the DOE’s Office of Fossil

Energy;

(C) a representative of the DOE’s Office of Energy

Efficiency and Renewable Energy;

(D) a representative of the DOE’s Office of Science;

and

(E) others, as appropriate.

(c) DUTIES.—The advisory group shall provide advice, information, and recommendations to the Director—

(1) on management and strategic issues affecting the laboratory; and

(2) on the scientific and technical direction of the laboratory’s R&D program;

(d) COMPENSATION; SUPPORT; PROCEDURES.—

Deadline.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1003

(1) COMPENSATION AND TRAVEL.—Members of the advisory

group who are not officers or employees of the United States,

while attending conferences or meetings of the group or otherwise engaged in its business, or while serving away from their

homes or regular places of business, may be allowed travel

expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons

in the Government service employed intermittently.

(2) ADMINISTRATIVE SUPPORT.—The NETL shall furnish to

the advisory group clerical and administrative support.

(3) PROCEDURES AND REQUIREMENTS.—In carrying out its

functions, the advisory group shall comply with the procedures

and requirements that apply to similar groups providing advice

and counsel to entities operating other Department of Energy

laboratories rather than the procedures and requirements that

apply to such a group providing advice directly to a Federal

entity.

SEC. 349. (a) In furtherance of the purposes of the Umpqua

Land Exchange Project (ULEP) and previous Congressional appropriations therefor, there is hereby appropriated the sum of

$4,300,000 to be derived from the Land and Water Conservation

Fund. Such amount shall be available to the Foundation for Voluntary Land Exchanges (‘‘Foundation’’) working in conjunction with

the Secretary of the Interior, and with the U.S. Bureau of Land

Management as the lead Federal agency, to complete a Final Land

Ownership Adjustment Plan (‘‘Plan’’) for the area (‘‘Basin’’), comprising approximately 675,000 acres, as generally depicted on a

map entitled ‘‘Coast Range-Umpqua River Basin,’’ dated August

2000. No more than 15 percent of this appropriation shall be used

by the agency for defraying administrative overhead.

(b) In preparing the Plan, the Secretary shall identify, no

later than March 31, 2001, those lands or interests in land with

willing sellers which merit emergency purchase by the United

States due to critical environmental values or possibility of

imminent development. For lands or interests in land so identified,

the Secretary and the Foundation shall arrange with landowners

to complete appraisals and purchase clearances required by law

so that the Secretary may thereafter consummate purchases as

soon as funds therefor are appropriated by the Congress.

(c) Pursuant to the funding and direction of subsection (a),

the Secretary shall, in cooperation with the Foundation, no later

than December 31, 2002, complete the Plan utilizing the MultiResource Land Allocation Model (‘‘Model’’) developed for the ULEP.

The Plan shall identify: (1) non-Federal Lands or interests in land

in the Basin which, with the concurrence of willing non-Federal

landowners, are recommended for acquisition or exchange by the

United States; (2) Federal lands or interests in land in the Basin

recommended for disposal into non-Federal ownership in exchange

for the acquired lands of equal value; and (3) specific land exchanges

or purchases to implement the Plan. In addition, no later than

December 31, 2002, the Secretary, in cooperation with the Foundation, shall complete a draft Habitat Conservation Plan (‘‘HCP’’)

covering the lands to be disposed of by the United States and

consistent with the Plan, a comprehensive Final Environmental

Impact Statement covering the Plan, and a comprehensive

Biological Opinion analyzing the net impacts of the Plan at Plan

scale over time in 5 year increments, taking into consideration

Deadline.

114 STAT. 1004 PUBLIC LAW 106–291—OCT. 11, 2000

all expected benefits to be achieved by the Plan and HCP, and

any consistency determinations or amendments to any applicable

Federal land management plans. The HCP shall cover all species

analyzed in the Model (including species under the jurisdiction

of the Secretary of Commerce).

(d) No later than March 31, 2002, the Secretary and the

Foundation shall submit to the Committee on Resources of the

U.S. House of Representatives, Committee on Energy and Natural

Resources of the United States Senate, and the House and Senate

Committees on Appropriations, a joint report summarizing the Plan

and the land exchanges or purchases identified to implement the

Plan, and outlining: (1) any Fiscal Year 2003 funding needed for

land purchases; (2) any recommendations for actions to expedite

or facilitate the specific land exchanges or purchases identified

to implement the Plan, or the HCP; and (3) an action Plan for

making the Model publicly available for additional land exchanges

or other purposes upon completion of the exchanges.

(e) No later than June 15, 2003: (1) the Secretary with the

Foundation and the financial participation and commitment of

willing private landowners shall complete appraisals and other

land purchase or exchange clearances required by law, including

those pertaining to cultural and historic resources and hazardous

materials; and (2) the Secretary shall consummate with willing

non-Federal landowners the specific land exchanges previously

identified in subsection (c) to implement the Plan, and together

with the Secretary of Commerce, shall issue the HCP.

SEC. 350. Notwithstanding section 351 of section 101(e) of division A, Public Law 105–277, the Indian Health Service is authorized

to provide additional contract health service funds to Ketchikan

Indian Corporation’s recurring budget for hospital-related services

for patients of Ketchikan Indian Corporation and the Organized

Village of Saxman.

SEC. 351. (a) SHORT TITLE.—This section may be cited as the

‘‘Boise Laboratory Replacement Act of 2000’’.

(b) FINDINGS AND PURPOSE.—

(1) FINDINGS.—Congress finds that—

(A) the existing facilities of the Rocky Mountain

Research Station Boise laboratory are outdated and no

longer serve as a modern research facility;

(B) the Boise laboratory site is in the heart of a Boise

city redevelopment zone, and the existing laboratory facilities detract from community improvement efforts;

(C) it is desirable to colocate the Boise laboratory with

1 of the State institutions of higher learning in the Boise

metropolitan area—

(i) to facilitate communications and sharing of

research data between the agency and the Idaho scientific community;

(ii) to facilitate development and maintenance of

the Boise laboratory as a modern, high quality research

facility; and

(iii) to reduce costs, better use assets, and better

serve the public; and

(D) it is desirable to make the Boise laboratory site

available for inclusion in a planned facility that is being

developed on adjacent property by the University of Idaho

Boise Laboratory

Replacement Act

of 2000.

Deadline.

Deadline.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1005

or the University of Idaho Foundation, a not-for-profit corporation acting on behalf of the University of Idaho, as

a multiagency research and education facility to serve various agencies and educational institutions of the United

States and the State.

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

the Secretary—

(A) to sell or exchange the land and improvements

currently occupied by the Boise laboratory site; and

(B) to acquire land, facilities, or interests in land and

facilities, including condominium interests, to colocate the

Rocky Mountain Research Station Boise laboratory with

1 of the State institutions of higher learning in the Boise

metropolitan area, using—

(i) funds derived from sale or exchange of the

existing Boise laboratory site; and

(ii) to the extent the funds received are insufficient

to carry out the acquisition of replacement research

facilities, funds subsequently made available by appropriation for the acquisition, construction, or improvement of the Rocky Mountain Research Station Boise

laboratory.

(c) DEFINITIONS.—In this section:

(1) BOISE LABORATORY SITE.—The term ‘‘Boise laboratory

site’’ means the approximately 3.26 acres of land and all

improvements in section 10, T. 3 N., R. 2 E., Boise Meridian,

as depicted on that Plat of Park View Addition to Boise, Ada

County, Idaho, labeled ‘‘Boise Lab Site–May 22, 2000’’, located

at 316 East Myrtle Street, Boise, Idaho.

(2) CONDOMINIUM INTEREST.—The term ‘‘condominium

interest’’ means an estate in land consisting of (in accordance

with law of the State)—

(A) an undivided interest in common of a portion of

a parcel of real property; and

(B) a separate fee simple interest in another portion

of the parcel.

(3) FAIR MARKET VALUE.—The term ‘‘fair market value’’

means the cash value of land on a specific date, as determined

by an appraisal acceptable to the Secretary and prepared in

accordance with the Uniform Appraisal Standards for Federal

Land Acquisitions.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Agriculture.

(5) STATE.—The term ‘‘State’’ means the State of Idaho.

(d) SALE OR EXCHANGE OF BOISE LABORATORY SITE.—

(1) IN GENERAL.—The Secretary may, under such terms

and conditions as the Secretary may prescribe and subject

to valid existing rights, sell or exchange any or all right, title,

and interest of the United States in and to the Boise laboratory

site.

(2) RIGHT OF FIRST REFUSAL.—

(A) IN GENERAL.—After a determination of fair market

value of the Boise laboratory site is approved by the Secretary, the University of Idaho or the University of Idaho

Foundation, a not-for-profit organization acting on behalf

of the University of Idaho, shall be allowed 210 days from

114 STAT. 1006 PUBLIC LAW 106–291—OCT. 11, 2000

the effective date of value to exercise a right of first refusal

to purchase the Boise laboratory site at fair market value.

(B) COOPERATIVE DEVELOPMENT.—If the University of

Idaho or the University of Idaho Foundation exercises the

right of first refusal under paragraph (A), to accomplish

the purpose described in section (b)(2)(B), the Secretary

shall, to the maximum extent practicable, cooperate with

the University of Idaho in the development of a multiagency

research and education facility on the Boise laboratory

site and adjacent property.

(3) SOLICITATION OF OFFERS.—If the right of first refusal

described in subsection (d)(2) is not exercised, the Secretary

may solicit offers for purchase through sale or competitive

exchange of any and all right, title, and interest of the United

States in and to the Boise laboratory site.

(4) CONSIDERATION.—Consideration for sale or exchange

of land under this subsection—

(A) shall be at least equal to the fair market value

of the Boise laboratory site; and

(B) may include land, existing improvements, or

improvements to be constructed to the specifications of

the Secretary, including condominium interests, and cash,

notwithstanding section 206(b) of Federal Land Policy and

Management Act of 1976 (43 U.S.C. 1716(b)).

(5) REJECTION OF OFFERS.—The Secretary may reject any

offer made under this subsection if the Secretary determines

that the offer is not adequate or not in the public interest.

(e) DISPOSITION OF FUNDS.— (1) DEPOSIT OF PROCEEDS.—The Secretary shall deposit

the proceeds of a sale or exchange under subsection (d) in

the fund established under Public Law 90–171 (16 U.S.C. 484a)

(commonly known as the ‘‘Sisk Act’’).

(2) USE OF PROCEEDS.—Funds deposited under subsection

(a) shall be available to the Secretary, without further Act

of appropriation, for—

(A) the acquisition of or interest in land, or the acquisition of or construction of facilities, including condominium

interests—

(i) to colocate the Boise laboratory with 1 of the

State institutions of higher learning in the Boise metropolitan area; and

(ii) to replace other functions of the Boise laboratory; and

(B) to the extent the funds are not necessary to carry

out paragraph (A), the acquisition of other land or interests

in land in the State.

TITLE IV—WILDLAND FIRE EMERGENCY APPROPRIATIONS

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

For necessary expenses for fire suppression operations, burned

areas rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department of the Interior, $353,740,000 to remain

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1007

available until expended, of which $21,829,000 is for hazardous

fuels reduction, $120,300,000 is for removal of hazardous fuels

to alleviate immediate emergency threats to urban wildland interface areas as defined by the Secretary of Interior, $116,611,000

is for wildfire suppression, $85,000,000 is for burned areas

rehabilitation, and $10,000,000 is for rural fire assistance: Provided,

That using the amounts designated under this title of this Act,

the Secretary of the Interior may enter into procurement contracts,

grants, or cooperative agreements, for hazardous fuels reduction

activities, and for training and monitoring associated with such

hazardous fuels reduction activities, on Federal land, or on adjacent

non-Federal land for activities that benefit resources on Federal

land: Provided further, That the costs of implementing any cooperative agreement between the Federal government and any nonFederal entity may be shared, as mutually agreed on by the affected

parties: Provided further, That in entering into such grants or

cooperative agreements, the Secretary may consider the enhancement of local and small business employment opportunities for

rural communities, and that in entering into procurement contracts

under this section on a best value basis, the Secretary may take

into account the ability of an entity to enhance local and small

business employment opportunities in rural communities, and that

the Secretary may award procurement contracts, grants, or cooperative agreements under this section to entities that include local

non-profit entities, Youth Conservation Corps or related partnerships, or small or disadvantaged businesses: Provided further, That

funds in this account are also available for repayment of advances

to other appropriation accounts from which funds were previously

transferred for such purposes: Provided further, That unobligated

balances of amounts previously appropriated to the ‘‘Fire Protection’’

and ‘‘Emergency Department of the Interior Firefighting Fund’’

may be transferred and merged with this appropriation: Provided

further, That persons hired pursuant to 43 U.S.C. 1469 may be

furnished subsistence and lodging without cost from funds available

from this appropriation: Provided further, That notwithstanding

42 U.S.C. 1856d, sums received by a bureau or office of the Department of the Interior for fire protection rendered pursuant to 42

U.S.C. 1856 et seq., Protection of United States Property, may

be credited to the appropriation from which funds were expended

to provide that protection, and are available without fiscal year

limitation: Provided further, That the entire amount appropriated

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended: Provided further, That

this amount shall be made available only to the extent that an

official budget request for a specific dollar amount, that includes

designation of the entire amount as an emergency requirement

as defined by such Act, is transmitted by the President to the

Congress.

114 STAT. 1008 PUBLIC LAW 106–291—OCT. 11, 2000

RELATED AGENY

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

For an additional amount to cover necessary expenses for emergency rehabilitation, hazard reduction activities in the urbanwildland interface, support to federal emergency response, repaying

firefighting funds borrowed from programs, and wildfire suppression

activities of the Forest Service, $619,274,000, to remain available

until expended, of which $179,000,000 is for wildfire suppression,

$120,000,000 is for removal of hazardous fuels to alleviate immediate emergency threats to urban wildland interface areas as

defined by the Secretary of Agriculture, $142,000,000 is for emergency rehabilitation, $44,000,000 is for capital improvement and

maintenance of fire facilities, $16,000,000 is for research activities

and to make competitive research grants pursuant to the Forest

and Rangeland Renewable Resources Research Act, as amended

(16 U.S.C. 1641 et seq.), $50,494,000 is for state fire assistance,

$8,280,000 is for volunteer fire assistance, $12,000,000 is for forest

health activities on state, private, and federal lands, $12,500,000

is for economic action programs, and $35,000,000 is for assistance

to non-federal entities most affected by fire using all existing

authorities under the State and Private Forestry appropriation;

and of which $320,274,000 may be transferred to the ‘‘State and

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

Research’’, and ‘‘Capital Improvement and Maintenance’’ accounts

to fund state fire assistance, volunteer fire assistance, and forest

health management, vegetation and watershed management, heritage site rehabilitation, wildlife and fish habitat management, trails

and facilities maintenance and restoration: Provided, That transfers

of any amounts in excess of those authorized in this title, shall

require approval of the House and Senate Committees on Appropriations in compliance with reprogramming procedures contained in

House Report No. 105–163: Provided further, That the costs of

implementing any cooperative agreement between the Federal

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

agreed on by the affected parties: Provided further, That in entering

into such grants or cooperative agreements, the Secretary may

consider the enhancement of local and small business employment

opportunities for rural communities, and that in entering into

procurement contracts under this section on a best value basis,

the Secretary may take into account the ability of an entity to

enhance local and small business employment opportunities in rural

communities, and that the Secretary may award procurement contracts, grants, or cooperative agreements under this section to entities that include local non-profit entities, Youth Conservation Corps

or related partnerships with State, local or non-profit youth groups,

or small or disadvantaged businesses: Provided further, That the

entire amount appropriated is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That this amount shall be made available only to the extent that an official budget request for a specific

dollar amount, that includes designation of the entire amount as

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1009

an emergency requirement as defined by such Act, is transmitted

by the President to the Congress: Provided further, That:

(1) In expending the funds provided with respect to this

title for hazardous fuels reduction, the Secretary of the Interior

and the Secretary of Agriculture may conduct fuel reduction

treatments on Federal lands using all contracting and hiring

authorities available to the Secretaries applicable to hazardous

fuel reduction activities under the wildland fire management

accounts. Notwithstanding Federal government procurement

and contracting laws, the Secretaries may conduct fuel reduction treatments on Federal lands using grants and cooperative

agreements. Notwithstanding Federal government procurement

and contracting laws, in order to provide employment and

training opportunities to people in rural communities, the Secretaries may award contracts, including contracts for monitoring activities, to—

(A) local private, nonprofit, or cooperative entities;

(B) Youth Conservation Corps crews or related partnerships, with State, local and non-profit youth groups;

(C) small or micro-businesses; or

(D) other entities that will hire or train a significant

percentage of local people to complete such contracts. The

authorities described above relating to contracts, grants,

and cooperative agreements are available until all funds

provided in this title for hazardous fuels reduction activities

in the urban wildland interface are obligated.

(2) Within 60 days after enactment, the Secretary of Agriculture and the Secretary of the Interior shall, after consultation with State and local fire-fighting agencies, jointly publish

in the Federal Register a list of all urban wildland interface

communities, as defined by the Secretaries, within the vicinity

of Federal lands that are at high risk from wildfire, as defined

by the Secretaries. This list shall include:

(A) an identification of communities around which hazardous fuel reduction treatments are ongoing; and

(B) an identification of communities around which the

Secretaries are preparing to begin treatments in fiscal year

2001.

(3) Prior to May 1, 2001, the Secretary of Agriculture

and the Secretary of the Interior shall jointly publish in the

Federal Register a list of all urban wildland interface communities, as defined by the Secretaries, within the vicinity of

Federal lands and at high risk from wildfire that are included

in the list published pursuant to paragraph (2) but that are

not included in subparagraphs (A) and (B) of paragraph (2),

along with an identification of reasons, including but not limited

to lack of available funds, why there are no treatments ongoing

or being prepared for these communities.

(4) Within 30 days after enactment of this Act, the Secretary of Agriculture shall publish in the Federal Register

the Forest Service’s Cohesive Strategy for Protecting People

and Sustaining Resources in Fire-Adapted Ecosystems. The

documentation required by section 102(2)(C) of the National

Environmental Policy Act accompanying the proposed regulations revising the National Forest System transportation policy;

proposed roadless area protection regulation; and proposed

Federal Register,

publication.

Federal Register,

publication.

Federal Register,

publication.

114 STAT. 1010 PUBLIC LAW 106–291—OCT. 11, 2000

Interior Columbia Basin Project; and the Sierra Nevada Framework/Sierra Nevada Forest Plan shall contain an analysis and

explanation of any differences between the Cohesive Strategy

and the policies and rule-making listed in this paragraph.

Nothing in this title is intended or should require a delay

in the rule-makings listed in this paragraph.

(5)(A) Funds provided to the Secretary of Agriculture by

this title and to the Secretary of the Interior, the Secretary

of Commerce, and the Council on Environmental Quality by

this Act and any other applicable act appropriating funds for

fiscal year 2001 shall be used as necessary to establish and

implement the expedited procedures set forth in this paragraph

for decisions to conduct hazardous fuel reduction treatments

pursuant to paragraphs (1) and (2), and any post-burn treatments within the perimeters of areas burned by wildfire, on

federal lands.

(B) The Secretary of Agriculture, the Secretary of the

Interior, the Secretary of Commerce, and the Chairman of

the Council on Environmental Quality shall use such funds

specified in subparagraph (A) as necessary to evaluate the

need for revised or expedited environmental compliance procedures including expedited procedures for the preparation of

documentation required by section 102(2) of the National

Environmental Policy Act (42 U.S.C. 4332(2)) for treatment

decisions referred to in subparagraph (A). The Secretary of

Agriculture, the Secretary of the Interior, the Chairman of

the Council on Environmental Quality shall report to the relevant congressional committee of jurisdiction within 60 days

of enactment of this Act to apprise the Congress of the decision

to develop any expedited procedures or adopt or recommend

any other measures. Each Secretary may employ any expedited

procedures developed pursuant to this subsection for a treatment decision when the Secretary determines the procedures

to be appropriate for the decision. These procedures shall ensure

that the period of preparation for environmental documentation

be expedited to the maximum extent practicable. Each Secretary and the Council shall effect any modifications to existing

regulations and guidance as may be necessary to provide for

the expedited procedures within 180 days of the date of enactment of this Act.

(C) With the funds specified in subparagraph (A), the Secretary, as defined in section 3(15) of the Endangered Species

Act of 1973 (16 U.S.C. 1532(15)), may accord priority as appropriate to consultation or conferencing under section 7 of such

Act (16 U.S.C. 1536) concerning any treatment decision referred

to in subparagraph (A) for which consultation or conferencing

is required.

(D) With the funds specified in subparagraph (A), administrative review of any treatment decision referred to in subparagraph (A) shall be conducted as expeditiously as possible but

under no circumstances shall exceed any statutory deadline

applicable to such review.

(E) No provision in this title shall be construed to override

any existing environmental law.

Reports.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1011

TITLE V—EMERGENCY SUPPLEMENTAL APPROPRIATIONS

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For an additional amount for ‘‘Management of Lands and

Resources’’, $17,172,000 to remain available until expended, of

which $15,687,000 shall be used to address restoration needs caused

by wildland fires and $1,485,000 shall be used for the treatment

of grasshopper and Mormon Cricket infestations on lands managed

by the Bureau of Land Management: Provided, That the entire

amount is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For an additional amount for ‘‘Resource Management’’,

$1,500,000, to remain available until expended, for support of the

preparation and implementation of plans, programs, or agreements,

identified by the State of Idaho, that address habitat for freshwater

aquatic species on non-federal lands in the State voluntarily

enrolled in such plans, programs, or agreements, of which $200,000

shall be made available to the Boise, Idaho field office to participate

in the preparation and implementation of the plans, programs,

or agreements, of which $300,000 shall be made available to the

State of Idaho for preparation of the plans, programs, or agreements, including data collection and other activities associated with

such preparation, and of which $1,000,000 shall be made available

to the State of Idaho to fund habitat enhancement, maintenance,

or restoration projects consistent with such plans, programs, or

agreements: Provided, That the entire amount made available under

this paragraph is designated by the Congress as an emergency

requirement under section 251(b)(2)(A) of the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended.

For an additional amount for salmon restoration and conservation efforts in the State of Maine, $5,000,000, to remain available

until expended, which amount shall be made available to the

National Fish and Wildlife Foundation to carry out a competitively

awarded grant program for State, local, or other organizations

in Maine to fund on-the-ground projects to further Atlantic salmon

conservation or restoration efforts in coordination with the State

of Maine and the Maine Atlantic Salmon Conservation Plan,

including projects to: (1) assist in land acquisition and conservation

easements to benefit Atlantic salmon; (2) develop irrigation and

water use management measures to minimize any adverse effects

on salmon habitat; and (3) develop and phase in enhanced aquaculture cages to minimize escape of Atlantic salmon: Provided,

That, of the amounts appropriated under this paragraph, $2,000,000

shall be made available to the Atlantic Salmon Commission for

salmon restoration and conservation activities, including installing

and upgrading weirs and fish collection facilities, conducting risk

assessments, fish marking, and salmon genetics studies and testing,

114 STAT. 1012 PUBLIC LAW 106–291—OCT. 11, 2000

and developing and phasing in enhanced aquaculture cages to minimize escape of Atlantic salmon, and $500,000 shall be made available to the National Academy of Sciences to conduct a study of

Atlantic salmon: Provided further, That amounts made available

under this paragraph shall be provided to the National Fish and

Wildlife Foundation not later than 15 days after the date of enactment of this Act: Provided further, That the entire amount made

available under this paragraph is designated by Congress as an

emergency requirement under section 251(b)(2)(A) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended.

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $8,500,000, to

remain available until expended, to repair or replace buildings,

equipment, roads, bridges, and water control structures damaged

by natural disasters and conduct critical habitat restoration directly

necessitated by natural disasters: Provided, That the entire amount

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended.

NATIONAL PARK SERVICE

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $5,300,000, to

remain available until expended, to repair or replace visitor facilities, equipment, roads and trails, and cultural sites and artifacts

at national park units damaged by natural disasters: Provided,

That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For an additional amount for ‘‘Surveys, Investigations, and

Research’’, $2,700,000, to remain available until expended, to repair

or replace stream monitoring equipment and associated facilities

damaged by natural disasters: Provided, That the entire amount

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For an additional amount for ‘‘Operation of Indian Programs’’,

$1,200,000, to remain available until expended, for repair of the

portions of the Yakama Nation’s Signal Peak Road that have the

most severe damage: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1013

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For an additional amount for ‘‘Federal Trust Programs’’ for

unanticipated trust reform projects and costs related to the ongoing

Cobell litigation, $27,600,000, to remain available until expended:

Provided, That funds provided herein for trust management

improvements and litigation support may, as needed, be transferred

to or merged with the ‘‘Operations of Indian Programs’’ account

in the Bureau of Indian Affairs, the ‘‘Salaries and Expenses’’ account

in the Office of the Solicitor, the ‘‘Salaries and Expenses’’ account

in Departmental Management, the ‘‘Royalty and Offshore Minerals

Management’’ account in the Minerals Management Service, and

the ‘‘Management of Lands and Resources’’ account in the Bureau

of Land Management: Provided further, That the entire amount

provided under this heading is designated by the Congress as

an emergency requirement pursuant to section 251(b)(2)(A) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

RELATED AGENCY

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

STATE AND PRIVATE FORESTRY

For an additional amount for the Forest Service, notwithstanding any other provision of law, $9,294,000 for the Alaska

Railroad for—

(1) safety related track repair, damage, and control costs

from avalanches, hurricane force winds, and severe winter

storms; and

(2) oil spill clean-up, recovery, and remediation arising

out of the related train derailments,

during the period of winter blizzards beginning December 21, 1999

for which the President declared a disaster on February 17, 2000

pursuant to the Stafford Act, as amended, (FEMA DR–1316–AK)

as a direct lump sum payment and an additional $2,000,000 for

an avalanche prevention program in the Chugach National Forest,

Kenai National Park, Kenai National Wildlife Refuge and nearby

public lands to remain available until expended: Provided, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

NATIONAL FOREST SYSTEM

For an additional amount for emergency expenses resulting

from damage from windstorms, $7,249,000 to become available upon

enactment of this Act, and to remain available until expended:

Provided, That the entire amount shall be available only to the

extent that the President submits to Congress an official budget

request for a specific dollar amount that includes designation of

the entire amount of the request as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

114 STAT. 1014 PUBLIC LAW 106–291—OCT. 11, 2000

TITLE VI—USER FEES UNDER FOREST SYSTEM

RECREATION RESIDENCE PROGRAM

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Cabin User Fee Fairness Act

of 2000’’.

SEC. 602. FINDINGS.

Congress finds that—

(1) cabins located on forest land have provided a unique

recreation experience to a large number of cabin owners, their

families, and guests each year since Congress authorized the

recreation residence program in 1915; and

(2) the fact that current appraisal procedures have, in

certain circumstances, been inconsistently applied in determining fair market values for residential lots demonstrates

that problems exist in accurately reflecting market values.

SEC. 603. PURPOSES.

The purposes of this title are—

(1) to ensure, to the maximum extent practicable, that

the National Forest System recreation residence program is

managed to preserve the opportunity for individual and familyoriented recreation; and

(2) to develop and implement a more consistent procedure

for determining cabin user fees, taking into consideration the

limitations of an authorization and other relevant market factors.

SEC. 604. DEFINITIONS.

In this title:

(1) AGENCY.—The term ‘‘agency’’ means the Forest Service.

(2) AUTHORIZATION.—The term ‘‘authorization’’ means a

special use permit for the use and occupancy of National Forest

System land by a cabin owner under the authority of the

program.

(3) BASE CABIN USER FEE.—The term ‘‘base cabin user

fee’’ means the fee for an authorization that results from the

appraisal of a lot as determined in accordance with sections

606 and 607.

(4) CABIN.—The term ‘‘cabin’’ means a privately built and

owned recreation residence that is authorized for use and occupancy on National Forest System land.

(5) CABIN OWNER.—The term ‘‘cabin owner’’ means—

(A) a person authorized by the agency to use and

to occupy a cabin on National Forest System land; and

(B) an heir or assign of such a person.

(6) CABIN USER FEE.—The term ‘‘cabin user fee’’ means

a special use fee paid annually by a cabin owner to the Secretary in accordance with this title.

(7) CARETAKER CABIN.—The term ‘‘caretaker cabin’’ means

a caretaker residence occupied in limited cases in which caretaker services are necessary to maintain the security of a

tract.

(8) CURRENT CABIN USER FEE.—The term ‘‘current cabin

user fee’’ means the most recent cabin user fee that results

from an annual adjustment to the base cabin user fee in accordance with section 608.

16 USC 6203.

16 USC 6202.

16 USC 6201.

16 USC 6201

note.

Cabin User Fee

Fairness Act of

2000.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1015

(9) LOT.—The term ‘‘lot’’ means a parcel of land in the

National Forest System—

(A) on which a cabin owner is authorized to build,

use, occupy, and maintain a cabin and related improvements; and

(B) that is considered to be in its natural, native state

at the time at which a use of the lot described in subparagraph (A) is first permitted by the Secretary.

(10) NATURAL, NATIVE STATE.—The term ‘‘natural, native

state’’ means the condition of a lot or site, free of any improvements, at the time at which the lot or site is first authorized

for recreation residence use by the agency.

(11) PROGRAM.—The term ‘‘program’’ means the recreation

residence program established under the authority of the last

paragraph under the heading ‘‘FOREST SERVICE’’ in the Act

of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497).

(12) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Chief of the Forest

Service.

(13) TRACT.—The term ‘‘tract’’ means an established location within a National Forest containing 1 or more cabins

authorized in accordance with the program.

(14) TRACT ASSOCIATION.—The term ‘‘tract association’’

means a cabin owner association in which all cabin owners

within a tract are eligible for membership.

(15) TYPICAL LOT.—The term ‘‘typical lot’’ means a cabin

lot, or a group of cabin lots, in a tract that is selected for

use in an appraisal as being representative of, and that has

similar value characteristics as, other lots or groups of lots

within the tract.

SEC. 605. ADMINISTRATION OF RECREATION RESIDENCE PROGRAM.

The Secretary shall ensure, to the maximum extent practicable,

that the basis and procedure for calculating cabin user fees results

in a fee for an authorization that reflects, in accordance with

this title—

(1) the market value of a lot; and

(2) regional and local economic influences.

SEC. 606. APPRAISALS.

(a) REQUIREMENTS FOR CONDUCTING APPRAISALS.—In implementing and conducting an appraisal process for determining cabin

user fees, the Secretary shall—

(1) complete an inventory of improvements that were paid

for by—

(A) the agency;

(B) third parties; or

(C) cabin owners (or predecessors of cabin owners),

during the completion of which the Secretary shall presume

that a cabin owner, or a predecessor of the owner, has paid

for the capital costs of any utility, access, or facility serving

the lot being appraised, unless the Forest Service produces

evidence that the agency or a third party has paid for the

capital costs;

(2) establish an appraisal process to determine the market

value of the fee simple estate of a typical lot or lots considered

to be in a natural, native state, subject to subsection (b)(4)(A);

16 USC 6205.

16 USC 6204.

114 STAT. 1016 PUBLIC LAW 106–291—OCT. 11, 2000

(3) enter into a contract with an appropriate professional

appraisal organization to manage the development of specific

appraisal guidelines in accordance with subsection (b), subject

to public comment and congressional review;

(4) require that an appraisal be performed by a Statecertified general real estate appraiser, selected by the Secretary

and licensed to practice in the State in which the lot is located;

(5) provide the appraiser with appraisal guidelines developed in accordance with this title;

(6) notwithstanding any other provision of law, require

the appraiser to coordinate the appraisal closely with affected

parties by seeking information, cooperation, and advice from

cabin owners and tract associations;

(7) require that the appraiser perform the appraisal in

compliance with—

(A) the most current edition of the Uniform Standards

of Professional Appraisal Practice in effect on the date

of the appraisal;

(B) the most current edition of the Uniform Appraisal

Standards for Federal Land Acquisitions that is in effect

on the date of the appraisal; and

(C) the specific appraisal guidelines developed in

accordance with this title;

(8) require that the appraisal report—

(A) be a full narrative report, in compliance with the

reporting standards of the Uniform Standards of Professional Appraisal Practice; and

(B) comply with the reporting guidelines established

by the Uniform Appraisal Standards for Federal Land

Acquisitions; and

(9) before accepting any appraisal, conduct a review of

the appraisal to ensure that the guidelines made available

to the appraiser have been followed and that the appraised

values are properly supported.

(b) SPECIFIC APPRAISAL GUIDELINES.—In the development of

specific appraisal guidelines in accordance with subsection (a)(3),

the instructions to an appraiser shall require, at a minimum, the

following:

(1) APPRAISAL OF A TYPICAL LOT.—

(A) IN GENERAL.—In conducting an appraisal under

this section, the appraiser—

(i) shall not appraise each individual lot;

(ii) shall appraise a typical lot or lots, selected

by the cabin owners and the agency in a manner

consistent with the policy of the program; and

(iii) shall be provided, and give appropriate consideration to, any information contained in the inventory

of improvements relating to the lot being appraised.

(B) ESTIMATE OF MARKET VALUE OF TYPICAL LOT.—

(i) IN GENERAL.—The appraiser shall estimate the

market value of a typical lot in accordance with this

title.

(ii) EQUIVALENCE TO LEGALLY SUBDIVIDED LOT.—

In selecting a comparable sale under this title, the

appraiser shall recognize that the typical lot will not

usually be equivalent to a legally subdivided lot.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1017

(2) EXCEPTION FOR CERTAIN SALES OF LAND.—In conducting

an appraisal under this title, the appraiser—

(A) shall not select sales of comparable land that are

sales of land within developed urban areas; and

(B) should not, in most circumstances, select a sale

of comparable land that includes land that is encumbered

by a conservation or recreational easement that is held

by a government or institution, except land that is limited

to use as a site for 1 home.

(3) ADJUSTMENTS FOR TYPICAL VALUE INFLUENCES.—

(A) IN GENERAL.—The appraiser shall consider, and

adjust as appropriate, the price of sales of comparable

land for all typical value influences described in subparagraph (B).

(B) VALUE INFLUENCES.—The typical value influences

referred to in subparagraph (A) include—

(i) differences in the locations of the parcels;

(ii) accessibility, including limitations on access

attributable to—

(I) weather;

(II) the condition of roads or trails;

(III) restrictions imposed by the agency; or

(IV) other factors;

(iii) the presence of marketable timber;

(iv) limitations on, or the absence of, services such

as law enforcement, fire control, road maintenance,

or snow plowing;

(v) the condition and regulatory compliance of any

site improvements; and

(vi) any other typical value influences described

in standard appraisal literature.

(4) ADJUSTMENTS TO SALES OF COMPARABLE PARCELS.—

(A) UTILITIES, ACCESS, OR FACILITIES.—

(i) AGENCY.—Utilities, access, or facilities serving

a lot that are provided by the agency shall be included

as features of the lot being appraised.

(ii) CABIN OWNERS.—Utilities, access, or facilities

serving a lot that are provided by the cabin owner

(or a predecessor of the cabin owner) shall not be

included as a feature of the lot being appraised.

(iii) THIRD PARTIES.—Utilities, access, or facilities

serving a lot that are provided by a third party shall

not be included as a feature of the lot being appraised

unless, in accordance with subsection (a)(1), the agency

determines that the capital costs have not been or

are not being paid by the cabin owner (or a predecessor

of the cabin owner).

(iv) WITHDRAWAL OF UTILITY OR ACCESS BY

AGENCY.—If, during the term of an authorization, the

agency or an act of God creates a substantial and

materially adverse change in—

(I) the provision or maintenance of any utility

or access; or

(II) a qualitative feature of the lot or immediate surroundings,

114 STAT. 1018 PUBLIC LAW 106–291—OCT. 11, 2000

the cabin owner shall have the right to request, and,

at the discretion of the Secretary, obtain a new determination of the base cabin user fee at the expense

of the agency.

(B) ADJUSTMENT FOR EXCLUSION.—In a case in which

any comparable sale includes utilities, access, or facilities

that are to be excluded in the appraisal of the subject

lot, the price of the comparable sale shall be adjusted,

as appropriate.

(C) ADJUSTMENT PROCESS.—

(i) IN GENERAL.—The appraiser shall consider and

adjust, as appropriate, the price of each sale of a comparable parcel for all nonnatural features referred to

in subparagraph (A)(ii) that—

(I)(aa) are present at, or add value to, the

comparable parcel; but

(bb) are not present at the lot being appraised;

or

(II) are not included in the appraisal as

described in subparagraph (A).

(ii) ADJUSTMENTS.—

(I) IN GENERAL.—In a case in which the price

of a parcel sold is to be adjusted in accordance

with subparagraph (B), the adjustment may be

based on an analysis of market or cost information

or both.

(II) COST INFORMATION.—If cost information

is used as the basis of an adjustment under subclause (I), the cost information shall be supported

by direct market evidence.

(iii) ANALYSIS OF COST INFORMATION.—An analysis

of cost information under clause (ii)(I) should include

allowances, as appropriate, if the allowances are consistent with—

(I) the Uniform Standards of Professional

Appraisal Practice in effect on the date of the

analysis; and

(II) the Uniform Appraisal Standards for Federal Land Acquisition.

(D) REAPPRAISAL FOR AND RECALCULATION OF BASE

CABIN USER FEE.—Periodically, but not less often than once

every 10 years, the Secretary shall recalculate the base

cabin user fee (including conducting any reappraisal

required to recalculate the base cabin user fee).

SEC. 607. CABIN USER FEES.

(a) IN GENERAL.—The Secretary shall establish the cabin user

fee as the amount that is equal to 5 percent of the market value

of the lot, as determined in accordance with section 606, reflecting

an adjustment to the typical market rate of return due to restrictions imposed by the permit, including—

(1) the limited term of the authorization;

(2) the absence of significant property rights normally

attached to fee simple ownership; and

(3) the public right of access to, and use of, any open

portion of the lot on which the cabin or other enclosed improvements are not located.

16 USC 6206.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1019

(b) FEE FOR CARETAKER CABIN.—The base cabin user fee for

a lot on which a caretaker cabin is located shall not be greater

than the base cabin user fee charged for the authorized use of

a similar typical lot in the tract.

(c) ANNUAL CABIN USER FEE IN THE EVENT OF DETERMINATION

NOT TO REISSUE AUTHORIZATION.—If the Secretary determines that

an authorization should not be reissued at the end of a term,

the Secretary shall—

(1) establish as the new base cabin user fee for the

remaining term of the authorization the amount charged as

the cabin user fee in the year that was 10 years before the

year in which the authorization expires; and

(2) calculate the current cabin user fee for each of the

remaining 9 years of the term of the authorization by

multiplying—

(A) 1⁄10 of the new base cabin user fee; by

(B) the number of years remaining in the term of

the authorization after the year for which the cabin user

fee is being calculated.

(d) ANNUAL CABIN USER FEE IN EVENT OF CHANGED CONDITIONS.—If a review of a decision to convert a lot to an alternative

public use indicates that the continuation of the authorization for

use and occupancy of the cabin by the cabin owner is warranted,

and the decision is subsequently reversed, the Secretary may

require the cabin owner to pay any portion of annual cabin user

fees that were forgone as a result of the expectation of termination

of use and occupancy of the cabin by the cabin owner.

(e) TERMINATION OF FEE OBLIGATION IN LOSS RESULTING FROM

ACTS OF GOD OR CATASTROPHIC EVENTS.—On a determination by

the agency that, because of an act of God or a catastrophic event,

a lot cannot be safely occupied and the authorization for the lot

should accordingly be terminated, the fee obligation of the cabin

owner shall terminate effective on the date of the occurrence of

the act or event.

SEC. 608. ANNUAL ADJUSTMENT OF CABIN USER FEE.

(a) IN GENERAL.—The Secretary shall adjust the cabin user

fee annually, using a rolling 5-year average of a published price

index in accordance with subsection (b) or (c) that reports changes

in rural or similar land values in the State, county, or market

area in which the lot is located.

(b) INITIAL INDEX.—

(1) IN GENERAL.—For the period of 10 years beginning

on the date of enactment of this title, the Secretary shall

use changes in agricultural land prices in the appropriate State

or county, as reported in the Index of Agricultural Land Prices

published by the Department of Agriculture, to determine the

annual adjustment to the cabin user fee in accordance with

subsections (a) and (d).

(2) STATEWIDE CHANGES.—In determining the annual

adjustment to the cabin user fee for an authorization located

in a county in which agricultural land prices are influenced

by the value influences described in section 606(b)(3), the Secretary shall use average statewide changes in the State in

which the lot is located.

(c) NEW INDEX.—

16 USC 6207.

114 STAT. 1020 PUBLIC LAW 106–291—OCT. 11, 2000

(1) IN GENERAL.—Not later than 10 years after the date

of enactment of this title, the Secretary may select and use

an index other than the method of adjustment of a cabin

user fee described in subsection (b)(2) to adjust a cabin user

fee if the Secretary determines that a different index better

reflects change in the value of a lot over time.

(2) SELECTION PROCESS.—Before selecting a new index, the

Secretary shall—

(A) solicit and consider comments from the public; and

(B) not later than 60 days before the date on which

the Secretary makes a final index selection, submit any

proposed selection of a new index to—

(i) the Committee on Resources of the House of

Representatives; and

(ii) the Committee on Agriculture, Nutrition, and

Forestry of the Senate.

(d) LIMITATION.—In calculating an annual adjustment to the

base cabin user fee as determined by the initial index described

in section (b), the Secretary shall—

(1) limit any annual fee adjustment to an amount that

is not more than 5 percent per year when the change in agricultural land values exceeds 5 percent in any 1 year; and

(2) apply the amount of any adjustment that exceeds 5

percent to the annual fee payment for the next year in which

the change in the index factor is less than 5 percent.

SEC. 609. PAYMENT OF CABIN USER FEES.

(a) DUE DATE FOR PAYMENT OF FEES.—A cabin user fee shall

be prepaid annually by the cabin owner.

(b) PAYMENT OF EQUAL OR LESSER FEE.—If, in accordance

with section 607, the Secretary determines that the amount of

a new base cabin user fee is equal to or less than the amount

of the current base cabin user fee, the Secretary shall require

payment of the new base cabin user fee by the cabin owner in

accordance with subsection (a).

(c) PAYMENT OF GREATER FEE.—If, in accordance with section

607, the Secretary determines that the amount of a new base

cabin user fee is greater than the amount of the current base

cabin user fee, the Secretary shall—

(1) require full payment of the new base cabin user fee

in the first year following completion of the fee determination

procedure if the increase in the amount of the new base cabin

user fee is not more than 100 percent of the current base

cabin user fee; or

(2) phase in the increase over the current base cabin user

fee in approximately equal increments over 3 years if the

increase in the amount of the new base cabin user fee is

more than 100 percent of the current base cabin user fee.

SEC. 610. RIGHT OF SECOND APPRAISAL.

(a) RIGHT OF SECOND APPRAISAL.—On receipt of notice from

the Secretary of the determination of a new base cabin user fee,

the cabin owner—

(1) not later than 60 days after the date on which the

notice is received, may notify the Secretary of the intent of

the cabin owner to obtain a second appraisal; and

(2) may obtain, within 1 year following the date of receipt

of the notice under this subsection, at the expense of the cabin

16 USC 6209.

16 USC 6208.

Deadline.

Deadline.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1021

owner, a second appraisal of the typical lot on which the initial

appraisal was conducted.

(b) CONDUCT OF SECOND APPRAISAL.—In conducting a second

appraisal, the appraiser selected by the cabin owner shall—

(1) have qualifications equivalent to the appraiser that

conducted the initial appraisal in accordance with section

606(a)(4);

(2) use the appraisal guidelines used in the initial appraisal

in accordance with section 606(a)(5);

(3) consider all relevant factors in accordance with this

title (including guidelines developed under section 606(a)(3));

and

(4) notify the Secretary of any material differences of fact

or opinion between the initial appraisal conducted by the agency

and the second appraisal.

(c) REQUEST FOR RECONSIDERATION OF BASE CABIN USER FEE.—

A cabin owner shall submit to the Secretary any request for

reconsideration of the base cabin user fee, based on the results

of the second appraisal, not later than 60 days after the receipt

of the report for the second appraisal.

(d) RECONSIDERATION OF BASE CABIN USER FEE.—On receipt

of a request from the cabin owner under subsection (c) for

reconsideration of a base cabin user fee, not later than 60 days

after the date of receipt of the request, the Secretary shall—

(1) review the initial appraisal of the agency;

(2) review the results and commentary from the second

appraisal;

(3) determine a new base cabin user fee in an amount

that is—

(A) equal to the base cabin user fee determined by

the initial or the second appraisal; or

(B) within the range of values, if any, between the

initial and second appraisals; and

(4) notify the cabin owner of the amount of the new base

cabin user fee.

SEC. 611. RIGHT OF APPEAL AND JUDICIAL REVIEW.

(a) RIGHT OF APPEAL.—Notwithstanding any action of a cabin

owner to exercise rights in accordance with section 610, the Secretary shall by regulation grant the cabin owner the right to an

administrative appeal of the determination of a new base cabin

user fee.

(b) JUDICIAL REVIEW.—A cabin owner that is adversely affected

by a final decision of the Secretary under this title may bring

a civil action in United States district court.

SEC. 612. CONSISTENCY WITH OTHER LAW AND RIGHTS.

(a) CONSISTENCY WITH RIGHTS OF THE UNITED STATES.—

Nothing in this title limits or restricts any right, title, or interest

of the United States in or to any land or resource.

(b) SPECIAL RULE FOR ALASKA.—In determining a cabin user

fee in the State of Alaska, the Secretary shall not establish or

impose a cabin user fee or a condition affecting a cabin user fee

that is inconsistent with 1303(d) of the Alaska National Interest

Lands Conservation Act (16 U.S.C. 3193(d)).

16 USC 6211.

16 USC 6210.

Deadline.

114 STAT. 1022 PUBLIC LAW 106–291—OCT. 11, 2000

SEC. 613. REGULATIONS.

Not later than 2 years after the date of enactment of this

title, the Secretary shall promulgate regulations to carry out this

title.

SEC. 614. TRANSITION PROVISIONS.

(a) ASSESSMENT OF ANNUAL FEES.—For the period of time

determined under subsection (b), the Secretary shall charge each

cabin owner an annual fee as follows:

(1) LOTS NOT APPRAISED SINCE SEPTEMBER 30, 1995.—For

a lot that has not been appraised since September 30, 1995,

the annual fee shall be equal to the amount of the annual

fee in effect on the date of enactment of this title, adjusted

annually to reflect changes in the Implicit Price Deflator-Gross

National Product Index.

(2) LOTS APPRAISED ON OR AFTER SEPTEMBER 30, 1995.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), for a lot that has been appraised on or after September

30, 1995, the annual fee shall be equal to the amount

of the fee in effect on the date of enactment of this title,

adjusted annually to reflect changes in the Implicit Price

Deflator-Gross National Product Index.

(B) APPRAISALS RESULTING IN BASE FEE INCREASE.—

(i) IN GENERAL.—Except as provided in clause (ii),

for a lot that has been appraised on or after September

30, 1995, for which the appraisal resulted in an

increase of the base fee by an amount greater than

$3,000, the annual fee shall be equal to the sum of

$3,000 plus the amount of the annual fee in effect

on October 1, 1996, adjusted annually to reflect the

percentage change in the Implicit Price Deflator-Gross

National Product Index.

(ii) FEES PAID AFTER REQUEST OF NEW APPRAISAL

OR PEER REVIEW.—If—

(I) the cabin owner of a lot described in clause

(i) requests a new appraisal or peer review under

subsection (c); and

(II) the base cabin user fee established as a

result of the appraisal or peer review is determined

to be an amount that is 90 percent or more of

the fee in effect for the lot as determined by an

appraisal conducted on or after September 30,

1995,

the Secretary shall charge the cabin owner, in addition

to the annual fee that would otherwise have been

due under section 609, the difference between the base

cabin user fee determined through the conduct of the

new appraisal or peer review and the annual fee that

would otherwise have been due under section 609,

to be assessed retroactively for each year beginning

with the year in which the previous appraisal was

conducted, and to be paid in 3 equal annual installments.

(b) TERM.—

(1) LOTS NOT APPRAISED SINCE SEPTEMBER 30, 1995.—For

a lot that has not been appraised since September 30, 1995,

16 USC 6213.

Deadline.

16 USC 6212.

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1023

the Secretary shall charge fees in accordance with subsection

(a)(2)(A) until—

(A) a base cabin user fee is determined in accordance

with—

(i) this title; or

(ii) regulations and policies in effect on the date

of enactment of this title; and

(B) the right of the cabin owner to a second appraisal

under section 610 is exhausted.

(2) LOTS APPRAISED ON OR AFTER SEPTEMBER 30, 1995.—

For a lot that has been appraised on or after September 30,

1995, the Secretary shall charge fees under subsection (a)(2)

until—

(A) the cabin owner requests a new appraisal or peer

review, and a base cabin user fee is established, under

subsection (c); or

(B) in the absence of a request for a peer review

or a new appraisal under subsection (c), the date that

is 2 years after the date on which the Forest Service

promulgates regulations and policies and develops

appraisal guidelines under this title.

(c) REQUEST FOR NEW APPRAISAL UNDER NEW LAW.—

(1) IN GENERAL.—Not later than 2 years after the promulgation of final regulations and policies and the development of

appraisal guidelines in accordance with section 606(a)(5), cabin

owners that are subject to appraisals completed after September

30, 1995, but before the date of promulgation of final regulations under section 613, may request, in accordance with paragraph (2), that the Secretary—

(A) conduct a new appraisal and determine a new

base cabin user fee in accordance with this title; or

(B) commission a peer review of the existing appraisals

in accordance with paragraph (4).

(2) APPRAISAL GROUPINGS BY TYPICAL LOT.—A request for

a new appraisal or for a peer review of existing appraisals

under paragraph (1) shall be made by a majority of the cabin

owners in a group of cabins represented in the appraisal process

by a typical lot.

(3) CONDUCT OF NEW APPRAISAL.—On receipt of a request

for an appraisal and fee determination in accordance with

paragraph (2), the Secretary shall conduct the new appraisal

and fee determination in accordance with this title.

(4) PEER REVIEW OF EXISTING APPRAISALS.—

(A) IN GENERAL.—On receipt of a request for peer

review in accordance with paragraph (2), the Secretary

shall obtain from an independent professional appraisal

organization a review of the appraisal (including any report

on the appraisal) that was used to establish the estimated

fee simple value of the lots within the subject grouping.

(B) INCONSISTENCY.—If peer review described in

subparagraph (A) results in a determination that an

appraisal or appraisal report includes provisions or procedures that were implemented or conducted in a manner

inconsistent with this title, the Secretary shall, as appropriate and in accordance with this title—

(i) revise an existing base cabin user fee; or

114 STAT. 1024 PUBLIC LAW 106–291—OCT. 11, 2000

(ii) subject to an agreement with the cabin owners,

conduct a new appraisal and fee determination.

(5) PAYMENT OF COSTS.—Cabin owners and the Secretary

shall share, in equal proportion, the payment of all reasonable

costs of any new appraisal or peer review.

(d) ASSUMPTION OF NEW BASE CABIN USER FEE.—In the

absence of a request under subsection (c) for a new appraisal

and fee determination from a cabin owner whose cabin user fee

was determined as a result of an appraisal conducted after September 30, 1995, but before the date of promulgation of final regulations under section 613, the Secretary may consider the base cabin

user fee resulting from the appraisal conducted between September

30, 1995 and the date of promulgation of the final regulations

under section 613 to be the base cabin user fee that complies

with this section.

TITLE VII—TREATMENT OF CERTAIN FUNDS FOR MINER

BENEFITS

SEC. 701. (a) REALLOCATION OF INTEREST.—Notwithstanding

any other provision of law, interest credited to the fund established

by section 401 of the Surface Mining Control and Reclamation

Act of 1977 (30 U.S.C. 1231) for fiscal years 1992 through 1995

not transferred to the Combined Fund identified in section 402(h)(2)

of such Act prior to the date of enactment of this Act shall be

transferred to such Combined Fund—

(1) in such amounts as estimated by the trustees of such

Fund to offset the amount of any deficit in net assets in the

Combined Fund through August 31, 2001;

(2) in the amount of $2,200,000 for the purpose of the

Combined Fund providing a refund of any premium (as

described in section 9704(a) of the Internal Revenue Code of

1988), on a proportional basis, to those signatory operators

or any related persons to such operators (as defined in section

9701(c) of the Internal Revenue Code of 1988) who have been

denied such refunds as the result of final judgments or settlements if prior to the date of enactment of this Act such signatory operator (or any related persons to such operator)—

(A) had all of its beneficiary assignments made under

section 9706 of the Internal Revenue Code of 1986 voided

by the Commissioner of the Social Security Administration;

(B) was subject to a final judgment or final settlement

of litigation adverse to a claim by such operator that the

assignment of beneficiaries under section 9706 of the

Internal Revenue Code of 1986 was unconstitutional as

applied to it; and

(C) paid to the Combined Fund any premium amount

that had not been refunded; and

(3) in such amounts as necessary for the purpose of the

Combined Fund providing a monthly refund of any premium

(as described in section 9704(a) of the Internal Revenue Code

of 1986) paid by an assigned operator (as defined by section

9701(c)(5) of the Internal Revenue Code of 1986) commencing

with the first monthly premium due date after the date of

enactment of this Act and ending August 31, 2001, if according

to the records of the Combined Fund such operator (or any

related persons of such operator)—

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1025

(A) was not a signatory to the 1981 or later National

Bituminous Coal Wage Agreement or any ‘‘me too’’ agreement related to such Coal Wage Agreement;

(B) reported credit hours to the UMWA 1974 Pension

Plan on fewer than ten classified mine workers in every

month during its last year of operations under the National

Bituminous Coal Wage Agreement of 1978 or any ‘‘me

too’’ agreement related to such Coal Wage Agreement;

(C) has had not more than 60 beneficiaries, including

eligible dependents of retired miners, assigned to it under

section 9706 of the Internal Revenue Code of 1986 not

including beneficiary assignments relieved by the Social

Security Administration;

(D) was assessed premiums by the Combined Fund

in October 1999, made payments pursuant to that assessment and has no delinquency as of September 30, 2000;

and

(E) is not directly engaged in the production or sale

of coal and has no related person engaged in the production

of coal as of September 30, 2000.

(b) SEPARABILITY CLAUSE.—If any provision of this title or

the application thereof to any person or circumstances is held

invalid, the remainder of the title and the application of such

provision to other persons or circumstances shall not be affected

thereby.

TITLE VIII—LAND CONSERVATION, PRESERVATION AND

INFRASTRUCTURE IMPROVEMENT

For activities authorized by law for the acquisition, conservation, and maintenance of Federal and non-Federal lands and

resources, and for Payments in Lieu of Taxes, in addition to the

amounts provided under previous titles of this Act, $686,000,000,

to remain available until expended, of which $179,000,000 is for

the acquisition of lands or interests in lands; and of which

$50,000,000 is for ‘‘National Park Service, Land Acquisition and

State Assistance’’ for the state assistance program; and of which

$20,000,000 is for ‘‘Forest Service, National Forest System’’ for

inventory and monitoring activities and planning; and of which

$78,000,000 is for ‘‘United States Fish and Wildlife Service,

Cooperative Endangered Species Fund’’; and of which $20,000,000

is for ‘‘United States Fish and Wildlife Service, North American

Wetlands Conservation Fund’’; and of which $20,000,000 is for

‘‘United States Geological Survey, Surveys, Investigations, and

Research’’ for science and cooperative programs; and of which

$30,000,000 is for ‘‘Forest Service, State and Private Forestry’’

for the Forest Legacy program; and of which $50,000,000 is for

‘‘United States Fish and Wildlife Service, State Wildlife Grants’’;

and of which $20,000,000 is for ‘‘National Park Service, Urban

Park and Recreation Fund’’; and of which $15,000,000 is for

‘‘National Park Service, Historic Preservation Fund’’ for grants to

states and Indian tribes; and of which $4,000,000 is for ‘‘Forest

Service, State and Private Forestry’’ for urban and community

forestry programs; and of which $50,000,000 is for ‘‘Bureau of

Land Management, Payments in Lieu of Taxes’’; and of which

$150,000,000 is for ‘‘Federal Infrastructure Improvement’’ for the

114 STAT. 1026 PUBLIC LAW 106–291—OCT. 11, 2000

deferred maintenance needs of the Federal land management agencies: Provided, That of the funds provided under this heading for the acquisition of lands or interests in lands, $130,000,000 shall

be available to the Department of the Interior and $49,000,000

shall be available to the Department of Agriculture, Forest Service:

Provided further, That none of the funds provided under this

heading for the acquisition of lands or interests in lands shall

be available until the House Committee on Appropriations and

the Senate Committee on Appropriations provide to the Secretaries,

in writing, a list of specific acquisitions to be undertaken with

such funds: Provided further, That of the funds provided under

this heading for ‘‘Federal Infrastructure Improvement’’ for the

deferred maintenance needs of the Federal land management agencies, $25,000,000 shall be for the Bureau of Land Management,

$25,000,000 shall be for the United States Fish and Wildlife Service,

$50,000,000 shall be for the National Park Service and $50,000,000

shall be for the Forest Service.

SEC. 801. (a) CATEGORIES.—Section 251(c) of the Balanced

Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c))

is amended—

(1) in paragraph (6), by—

(A) in subparagraph (B), by striking ‘‘and’’ after the

semicolon;

(B) in subparagraph (C), by inserting ‘‘and’’ after the

semicolon; and

(C) adding at the end the following:

‘‘(D) for the conservation spending category:

$1,760,000,000, in new budget authority and

$1,232,000,000 in outlays;’’;

(2) in paragraph (7), by—

(A) in subparagraph (A), by striking ‘‘and’’ after the

semicolon;

(B) in subparagraph (B), by striking the period and

inserting ‘‘; and’’; and

(C) adding at the end the following:

‘‘(C) for the conservation spending category:

$1,920,000,000, in new budget authority and

$1,872,000,000 in outlays;’’; and

(3) by inserting after paragraph (7) the following:

‘‘(8) with respect to fiscal year 2004 for the conservation

spending category: $2,080,000,000, in new budget authority

and $2,032,000,000 in outlays;

‘‘(9) with respect to fiscal year 2005 for the conservation

spending category: $2,240,000,000, in new budget authority

and $2,192,000,000 in outlays;

‘‘(10) with respect to fiscal year 2006 for the conservation

spending category: $2,400,000,000, in new budget authority

and $2,352,000,000 in outlays;

‘‘(11) with respect to each fiscal year 2002 through 2006

for the Federal and State Land and Water Conservation Fund

sub-category of the conservation spending category:

$540,000,000 in new budget authority and the outlays flowing

therefrom;

‘‘(12) with respect to each fiscal year 2002 through 2006

for the State and Other Conservation sub-category of the conservation spending category: $300,000,000 in new budget

authority and the outlays flowing therefrom;

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1027

‘‘(13) with respect to each fiscal year 2002 through 2006

for the Urban and Historic Preservation sub-category of the

conservation spending category: $160,000,000 in new budget

authority and the outlays flowing therefrom;

‘‘(14) with respect to each fiscal year 2002 through 2006

for the Payments in Lieu of Taxes sub-category of the conservation spending category: $50,000,000 in new budget authority

and the outlays flowing therefrom;

‘‘(15) with respect to each fiscal year 2002 through 2006

for the Federal Deferred Maintenance sub-category of the conservation spending category: $150,000,000 in new budget

authority and the outlays flowing therefrom;

‘‘(16) with respect to fiscal year 2002 for the Coastal Assistance sub-category of the conservation spending category:

$440,000,000 in new budget authority and the outlays flowing

therefrom; with respect to fiscal year 2003 for the Coastal

Assistance sub-category of the conservation spending category:

$480,000,000 in new budget authority and the outlays flowing

therefrom; with respect to fiscal year 2004 for the Coastal

Assistance sub-category of the conservation spending category:

$520,000,000 in new budget authority and the outlays flowing

therefrom; with respect to fiscal year 2005 for the Coastal

Assistance sub-category of the conservation spending category:

$560,000,000 in new budget authority and the outlays flowing

therefrom; and with respect to fiscal year 2006 for the Coastal

Assistance sub-category of the conservation spending category:

$600,000,000 in new budget authority and the outlays flowing

therefrom;’’.

(b) ADDITION TO DISCRETIONARY SPENDING LIMITS.—Section

251(b)(2) of the Balanced Budget and Emergency Deficit Control

Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the

end the following:

‘‘(H) CONSERVATION SPENDING.—(i) If a bill or resolution making appropriations for any fiscal year appropriates

an amount for the conservation spending category that

is less than the limit for the conservation spending category

as specified in subsection (c), then the adjustment for new

budget authority and outlays for the following fiscal year

for that category shall be the amount of new budget

authority and outlays that equals the difference between

the amount appropriated and the amount of that category

specified in subsection (c).

‘‘(ii) If a bill or resolution making appropriations for

any fiscal year appropriates an amount for any conservation spending sub-category that is less than the limit for

that conservation spending sub-category as specified in subsections (c)(11)–(c)(16), then the adjustment for new budget

authority for the following fiscal year for that sub-category

shall be the amount of new budget authority that equals

the difference between the amount appropriated and the

amount of that sub-category specified in subsection (c)(11)–

(c)(16).

‘‘(iii) The total amount provided for any conservation

activity within the conservation spending category may

not exceed any authorized ceiling for that activity.’’.

114 STAT. 1028 PUBLIC LAW 106–291—OCT. 11, 2000

(c) CATEGORIES DEFINED.—Section 250(c)(4) of the Balanced

Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.

900(c)(4)) is amended by adding at the end the following:

‘‘(E) The term ‘conservation spending category’ means

discretionary appropriations for conservation activities in

the following budget accounts or portions thereof providing

appropriations to preserve and protect lands, habitat, wildlife, and other natural resources, to provide recreational

opportunities, and for related purposes:

‘‘(i) 14–5033 Bureau of Land Management Land

Acquisition.

‘‘(ii) 14–5020 Fish and Wildlife Service Land

Acquisition.

‘‘(iii) 14–5035 National Park Service Land Acquisition and State Assistance.

‘‘(iv) 12–9923 Forest Service Land Acquisition.

‘‘(v) 14–5143 Fish and Wildlife Service Cooperative

Endangered Species Conservation Fund.

‘‘(vi) 14–5241 Fish and Wildlife Service North

American Wetlands Conservation Fund.

‘‘(vii) 14–1694 Fish and Wildlife Service State

Wildlife Grants.

‘‘(viii) 14–0804 United States Geological Survey

Surveys, Investigations, and Research, the State Planning Partnership programs: Community/Federal

Information Partnership, Urban Dynamics, and Decision Support for Resource Management.

‘‘(ix) 12–1105 Forest Service State and Private Forestry, the Forest Legacy Program, Urban and Community Forestry, and Smart Growth Partnerships.

‘‘(x) 14–1031 National Park Service Urban Park

and Recreation Recovery program.

‘‘(xi) 14–5140 National Park Service Historic

Preservation Fund.

‘‘(xii) Youth Conservation Corps.

‘‘(xiii) 14–1114 Bureau of Land Management Payments in Lieu of Taxes.

‘‘(xiv) Federal Infrastructure Improvement (as

established in title VIII of the Department of the

Interior and Related Agencies Appropriations Act,

2001).

‘‘(xv) 13–1460 NOAA Procurement Acquisition and

Construction, the National Marine Sanctuaries and the

National Estuarine Research Reserve Systems.

‘‘(xvi) 13–1450 NOAA Operations, Research, and

Facilities, the Coastal Zone Management Act programs,

the National Marine Sanctuaries, the National Estuarine Research Reserve Systems, and Coral Restoration

programs.

‘‘(xvii) 13–1451 NOAA Pacific Coastal Salmon

Recovery.

‘‘(F) The term ‘Federal and State Land and Water

Conservation Fund sub-category’ means discretionary

appropriations for activities in the accounts described in

(E)(i)–(E)(iv) or portions thereof.

‘‘(G) The term ‘State and Other Conservation sub-category’ means discretionary appropriations for activities in

PUBLIC LAW 106–291—OCT. 11, 2000 114 STAT. 1029

LEGISLATIVE HISTORY—H.R. 4578:

HOUSE REPORTS: No. 106–646 (Comm. on Appropriations) and No. 106–914

(Comm. of Conference).

SENATE REPORTS: No. 106–312 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 146 (2000):

June 13–15, considered and passed House.

July 10, 12, 17, 18, considered and passed Senate, amended.

Oct. 3, House agreed to conference report.

Oct. 3–5, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):

Oct. 11, Presidential statement and remarks.

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the accounts described in (E)(v)–(E)(ix), with the exception

of Urban and Community Forestry as described in (E)(ix),

or portions thereof.

‘‘(H) The term ‘Urban and Historic Preservation subcategory’ means discretionary appropriations for activities

in the accounts described in (E)(ix)–(E)(xii), with the exception of Forest Legacy and Smart Growth Partnerships as

described in (E)(ix), or portions thereof.

‘‘(I) The term ‘Payments in Lieu of Taxes sub-category’

means discretionary appropriations for activities in the

account described in (E)(xiii) or portions thereof.

‘‘(J) The term ‘Federal Deferred Maintenance sub-category’ means discretionary appropriations for activities in

the account described in (E)(xiv) or portions thereof.

‘‘(K) The term ‘Coastal Assistance sub-category’ means

discretionary appropriations for activities in the accounts

described in (E)(xv)–(E)(xvii) or portions thereof.’’.

TITLE IX

DEPARTMENT OF THE TREASURY

BUREAU OF THE PUBLIC DEBT

GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT

For deposit of an additional amount into the account established

under section 3113(d) of title 31, United States Code, to reduce

the public debt, $5,000,000,000.

This Act may be cited as the ‘‘Department of the Interior

and Related Agencies Appropriations Act, 2001’’.

Approved October 11, 2000.