66–844

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–914

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE

INTERIOR AND RELATED AGENCIES FOR THE FISCAL

YEAR ENDING SEPTEMBER 30, 2001, AND FOR OTHER

PURPOSES

SEPTEMBER 29, 2000.—Ordered to be printed

Mr. REGULA, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 4578]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R. 4578)

‘‘making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 2001, and

for other purposes’’, having met, after full and free conference, have

agreed to recommend and do recommend to their respective Houses

as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as

follows:

In lieu of the matter stricken and inserted by said amendment,

insert:

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 jurisdicVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00001 Fmt 6659 Sfmt 6603 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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tion 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

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

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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.

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

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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.

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 Bankhead-Jones 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

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the exact land for which funds were collected may be used to repair

other damaged public lands.

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C.

1701), and such amounts as may be advanced for administrative

costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act, to remain available until

expended.

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be

available for purchase, erection, and dismantlement of temporary

structures, and alteration and maintenance of necessary buildings

and appurtenant facilities to which the United States has title; up

to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by

the Bureau; miscellaneous and emergency expenses of enforcement

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

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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 contaminants, up to $1,000,000 may remain available

until expended for contaminant sample analyses.

CONSTRUCTION

For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management,

investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein;

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

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 Appreciation Fund, $797,000, to remain available until expended.

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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 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

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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.

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,

9

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 $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

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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 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 affectVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00010 Fmt 6659 Sfmt 6603 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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ing 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 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

12

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 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

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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 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 non-Federal share of the cost of projects

funded by the Federal Government for the purpose of environmental

restoration related to treatment or abatement of acid mine drainage

from abandoned mines: Provided further, That such projects must

be consistent with the purposes and priorities of the Surface Mining

Control and Reclamation Act: Provided further, That the State of

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

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

the Surface Mining Control and Reclamation Act of 1977, as

amended (30 U.S.C. 1231 et seq.), if the amount set aside is deposited in an acid mine drainage abatement and treatment fund established under a State law, pursuant to which law the amount (together with all interest earned on the amount) is expended by the

State to undertake acid mine drainage abatement and treatment

projects, except that before any amounts greater than 10 percent of

its title IV grants are deposited in an acid mine drainage abatement

and treatment fund, the State of Maryland must first complete all

Surface Mining Control and Reclamation Act priority one projects.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For expenses necessary for the operation of Indian programs, as

authorized by law, including the Snyder Act of November 2, 1921

(25 U.S.C. 13), the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the Education

Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), 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

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other provision of law, including but not limited to the Indian SelfDetermination 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 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, follow-up 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 availVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00014 Fmt 6659 Sfmt 6603 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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able 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 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 guar- anteed 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.

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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 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 Bureau-funded 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

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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 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

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local operations and maintenance institutions and agencies (including management and vocational education training), and projectspecific 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

non-Federal 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.

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 availVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00018 Fmt 6659 Sfmt 6603 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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able to Tribes and Tribal organizations through contracts or grants

obligated during fiscal year 2001, as authorized by the Indian SelfDetermination 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.

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.

20

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.

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 burned-over 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

21

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

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,

22

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

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

23

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 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

24

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,

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;

25

‘‘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

‘‘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’’).

26

(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,

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

27

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 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 AfVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00027 Fmt 6659 Sfmt 6603 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
28

fairs 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—

(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:

29

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 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 right-of-way,

30

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

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

31

(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

(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.

32

(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.

(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.

33

(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

(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

34

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.

(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—

35

(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.

(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 non-Federal 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

36

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) RE- DESIGNATION.—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 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

37

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 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.

38

(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 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.—

39

(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—

‘‘(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.

40

‘‘(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 REMEDI- ATION. 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:

(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

41

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 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.

42

(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 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—

43

(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

(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—

44

(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 non-profit 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

(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, programVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00044 Fmt 6659 Sfmt 6603 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
45

ming, 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;

(C) hire and compensate such staff as the management

entity deems necessary;

46

(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.

(4) PLAN AMENDMENTS.—No amendments to the plan may

be made unless approved by the Secretary. The Secretary shall

47

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.

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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

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or adjacent to such lands or other lands under fire protection 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.

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LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land

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

460l–4 through 11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with

statutory authority applicable to the Forest Service, $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

51

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.

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 ApproVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00051 Fmt 6659 Sfmt 6603 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
52

priations 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.

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 onefor-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.

53

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

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.

54

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 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 Knutson-Vandenberg, 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, Knutson-Vandenberg, 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.

55

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.

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

56

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.

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

57

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.

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

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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 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

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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 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 Self-Determination 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 appropriated 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 Federal construction, $2,240,000 of the

funds provided herein shall be provided to the Hopi Tribe to reduce

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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 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

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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 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.

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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, Hopipartitioned lands residents, those in significantly substandard housing, and all others certified as eligible and not included in the preceding categories: Provided further, That none of the funds contained in this or any other Act may be used by the Office of Navajo

and Hopi Indian Relocation to evict any single Navajo or Navajo

family who, as of November 30, 1985, was physically domiciled on

the lands partitioned to the Hopi Tribe unless a new or replacement

home is provided for such household: Provided further, That no

relocatee will be provided with more than one new or replacement

home: Provided further, That the Office shall relocate any certified

eligible relocatees who have selected and received an approved

homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired pursuant

to 25 U.S.C. 640d–10.

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska

Native Culture and Arts Development, as authorized by title XV of

Public Law 99–498, as amended (20 U.S.C. 56 part A), $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

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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.

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,

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1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library,

museum, and art associations or societies whose publications or

services are available to members only, or to members at a price

lower than to the general public; purchase, repair, and cleaning of

uniforms for guards, and uniforms, or allowances therefor, for other

employees as authorized by law (5 U.S.C. 5901–5902); purchase or

rental of devices and services for protecting buildings and contents

thereof, and maintenance, alteration, improvement, and repair of

buildings, approaches, and grounds; and purchase of services for

restoration and repair of works of art for the National Gallery of

Art by contracts made, without advertising, with individuals, firms,

or organizations at such rates or prices and under such terms and

conditions as the Gallery may deem proper, $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.

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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.

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

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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.

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.

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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.

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

68

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 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 third-party 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

69

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 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

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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:

(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,

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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

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.

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(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.

(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

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ized 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

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 exVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00073 Fmt 6659 Sfmt 6603 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
74

penditures 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.

(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.

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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 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 onduty 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

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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 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

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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 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.

78

(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 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

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shall use the rates contained in the linear right-of-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 GEN- ERAL.—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.

(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

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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—

(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

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(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

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.

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(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 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.

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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.— (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

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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 Multi-Resource

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 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.

85

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

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

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provements 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

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)).

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(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

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 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 proVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00087 Fmt 6659 Sfmt 6603 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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curement 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.

RELATED AGENCY

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’’,

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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 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.

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(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 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

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retary 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.

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

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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, 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.

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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.

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.

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RELATED AGENCY

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

STATE AND PRIVATE FORESTRY

For an additional amount for the Forest Service, notwith- standing 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.

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—

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(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 family-oriented 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.

(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.

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(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);

(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 State-certified 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;

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(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.

(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—

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(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 AGEN- CY.—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;

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

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(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.

(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—

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(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.—

(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

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(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

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

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(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)).

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

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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 DeflatorGross 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, 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—

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(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

(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

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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)—

(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 inVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00105 Fmt 6659 Sfmt 6603 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
106

cluding 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 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,

107

$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 subcategory 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;

‘‘(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;

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‘‘(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.’’.

(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.

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‘‘(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

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.

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‘‘(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’’.

And the Senate agree to the same.

RALPH REGULA, JIM KOLBE, JOE SKEEN, CHARLES H. TAYLOR, GEORGE R. NETHERCUTT, Jr.,

ZACH WAMP, JACK KINGSTON, JOHN E. PETERSON, BILL YOUNG, NORMAN DICKS, JOHN P. MURTHA, JAMES P. MORAN, BUD CRAMER, MAURICE D. HINCHEY, DAVID R. OBEY,

Managers on Part of the House.

SLADE GORTON, TED STEVENS, THAD COCHRAN, PETE V. DOMENICI, CONRAD BURNS, ROBERT F. BENNETT, JUDD GREGG,

BEN NIGHTHORSE CAMPBELL,

ROBERT C. BYRD,

PATRICK LEAHY,

FRITZ HOLLINGS,

HARRY REID,

BYRON L. DORGAN,

HERB KOHL,

DIANNE FEINSTEIN,

Managers on Part of the Senate.

(111)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 4578), making appropriations for the Department of the Interior and Related Agencies

for the fiscal year ending September 30, 2001, and for other purposes, submit the following joint statement to the House and the

Senate in explanation of the effect of the action agreed upon by the

managers and recommended in the accompanying conference report.

The conference agreement on H.R. 4578 incorporates some of

the provisions of both the House and the Senate versions of the

bill. Report language and allocations set forth in either House Report 106–646 or Senate Report 106–312 that are not changed by

the conference are approved by the committee of conference. The

statement of the managers, while repeating some report language

for emphasis, does not negate the language referenced above unless

expressly provided herein.

TITLE I—DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

The conference agreement provides $709,733,000 for management of lands and resources instead of $670,571,000 as proposed by

the House and $689,133,000 as proposed by the Senate.

Increases above the House for land resources include

$1,500,000 for noxious weeds, $500,000 for the national laboratory

grazing study, $500,000 for Montana State University weed program, $750,000 for Idaho weed control, $50,000 for petroglyphs protection and $4,000,000 for the horse and burro program.

Increases above the House for wildlife and fisheries include

$900,000 for Yukon River salmon and $500,000 for the National

Fish and Wildlife Foundation.

Increases above the House for threatened and endangered spe- cies include $2,000,000 for the sagebrush and prairie grasslands.

Increases above the House for recreation management include $1,000,000 for Missouri River activities associated with the Lewis

and Clark Bicentennial celebration, $500,000 for the Missouri

River undaunted stewardship program and $8,000,000 for public

land treasures.

The managers have provided an additional $8,000,000 for public land treasures under recreation resources management, of

which $5,000,000 is for National conservation areas and $3,000,000

is for National historic trails and scenic rivers. These funds should

112

be allocated to the appropriate activities and subactivities as proposed in the Bureau’s budget request.

Increases above the House for energy and minerals include $1,000,000 for the minerals at risk program, $700,000 for the development of a mining claim information system in Alaska, and

$500,000 for a coalbed methane EIS in Montana.

Increases above the House for realty and ownership manage- ment include $847,000 for uncontrollable costs, $145,000 for rights

of way backlog, $650,000 for the Montana cadastral project,

$300,000 for the Utah geographic reference project, and $2,400,000

for Alaska conveyance.

Increases above the House for resources protection and mainte- nance include $130,000 for additional personnel, $10,000,000 for

updating land management plans, and a $750,000 addition to the

base program.

Increases above the House level for transportation and facili- ties maintenance include an increase of $1,540,000 for deferred

maintenance.

Increases above the House level for mining law administration include $799,000 for uncontrollable costs and $163,000 for program

delivery. The managers have provided a total increase of $19,000,000 for

land use planning. At the request of the Bureau, the managers

have agreed to place the entire amount in the land use planning

subactivity instead of distributing these funds across numerous

subactivities as was presented in the budget request. This should

allow for a simpler accounting, fund distribution, and management

of these funds within the Bureau. However, the managers expect

the Bureau to inform the House and Senate Committees on Appropriations prior to making any significant changes from the land use

priorities presented in the budget request. It is expected that these

funds will be allocated primarily to those plans at greatest risk of

legal challenge. Instead of $500,000 within available funds for the Montana

Bureau of Mines and Geology, Montana Tech University to perform

an assessment of coal bed methane (CBM) development on water

resources in the Powder River Basin as proposed by the Senate, the

managers have included an additional $500,000 to prepare an EIS

for future CBM and conventional oil and gas development in the

Montana portion of the Powder River Basin. The managers expect

that this EIS will address the impacts of CBM development on

water resources in the Basin and that the agency will contract with

entities such as Montana Tech University who have existing agreements with the agency for work of this nature.

The managers have provided $500,000 for the Undaunted

Stewardship program, which will allow for local input and participation in grants to protect historic sites along the Lewis and Clark

Trail. This program is designed to provide educational courses, develop best management practices, and establish conservation easements. This program is to be cooperatively administered by the Bureau and Montana State University.

The managers have provided an additional $9,000,000 for the

implementation of the Bureau’s new horse and burro strategy to

achieve appropriate management levels of wild horse and burro

113

populations on all herd management areas by 2005. This is the

first time the Bureau has developed a scientific strategy with detailed program cost analysis based on extensive use of a wild horse

and burro population model. This population model has been validated by the university community and the Biological Resources

Division of the U.S. Geological Survey. The Managers direct that

as part of the Bureau’s annual budget request to the Congress, the

Bureau provide an annual report on its progress towards achieving

appropriate management levels.

The managers have clarified language contained in House report 106–646 dealing with wilderness reinventory efforts by the

Bureau. The House language was meant to apply only to the State

of Utah where the Bureau has already completed its wilderness reinventory. The managers urge the Bureau to brief the Congress, as

appropriate, prior to commencing any new large-scale wilderness

inventory in Utah.

The managers are pleased with the work the land managing

agencies are doing in the area of bat conservation. The managers

understand that the North American Strategic Plan for Bat Conservation is on the verge of completion. The managers recommend

that the land management agencies cooperatively review this plan

and are encouraged to develop implementation strategies when it

is finalized. In addition, the agencies should continue to develop

and implement cooperative cost-sharing bat conservation efforts

with the States, Mexico and Canada, as well as non-governmental

partners. Lastly, the agencies are encouraged to fund jointly a Federal bat coordinator position to help oversee the vast array of Federal and non-Federal bat conservation projects.

The managers encourage the Bureau to work with the Waste

Management Education and Research Consortium (WERC) at New

Mexico State University in addressing the problem of abandoned

mine sites in the western United States. WERC can assist the Bureau by helping to establish a science-based inventory of abandoned mine sites and recommend priorities for remediation.

The managers encourage the BLM to conduct a full investigation, including review of documents and evidence provided by the

Voisin family to determine if the government transferred the ownership of Last Island, Louisiana while the property was owned by

ancestors of the Voisin family. Should the BLM determine that the

property was transferred inappropriately, the report shall include

recommendations for the resolution of this issue.

WILDLAND FIRE MANAGEMENT

The conference agreement provides $625,513,000 for wildland

fire management instead of $292,197,000 as proposed by the House

and $292,679,000 as proposed by the Senate.

Changes to the House included increases of $132,834,000 for

preparedness and $482,000 for an Alaska rural fire suppression

program. The managers have also included a contingent emergency

appropriation of $200,000,000 as an emergency contingency reserve

to ensure adequate funding is available to fund critical fire programs in fiscal year 2001.

The managers recognize that the severity of the 2000 fire season is attributable to a variety of factors including unusual weather

114

conditions and accumulated wildland fuels that overwhelmed available Federal agency resources. To prepare better for fires in 2001

and beyond, the managers propose significant improvements to preparedness, fuels treatments, and other aspects of fire management.

For the Department of the Interior, the managers provide a total

of $979,253,000 in both emergency and non-emergency funds for:

the Department’s revised calculation for normal year readiness and

certain one-time improvements to preparedness capability; a greatly expanded fuels treatment program that places primary emphasis

on community protection; stabilization and rehabilitation of burned

areas; and community assistance programs that may be used to develop local capability and homeowner education. The following discussion includes instructions pertaining to both the title I wildfire

funds as well as title IV wildfire funds.

The managers have provided $625,513,000 in Title I for wildland fire management, of which $315,406,000 in non-emergency funds for preparedness, an increase of $133,316,000 over the

budget request. The conference agreement includes a $200,000,000

emergency contingency reserve, to ensure that adequate funds are

immediately available to fund these critical programs in FY 2001.

The managers have included in title IV for wildland fire management an emergency appropriation of $353,740,000 which includes

$116,611,000 for wildfire suppression, $142,129,000 for hazardous

fuels, $85,000,000 for emergency stabilization and rehabilitation,

and $10,000,000 for a new rural fire assistance program. The managers strongly believe that this FY 2001 funding will only be of

value in increasing the Nation’s firefighting capability and ability

to protect communities if it is sustained in future years.

The managers direct the Departments of the Interior and Agriculture to continue to work together to formulate complementary

budget requests that reflect the same principles and budget organization. In addition, the managers expect the agencies to seek the

advice of governors and local and tribal government representatives in setting priorities for fuels treatments, burned area rehabilitation, and public outreach and education.

Wildland fire preparedness

For wildland fire preparedness, the managers provide

$315,406,000 as a non-emergency appropriation in title I,

$132,834,000 above the Senate, including: $254,838,000 for readiness and program management, $8,000,000 for fire sciences,

$30,000,000 for deferred maintenance and capital improvement,

$22,086,000 for one-time capital investments, and $482,000 for a

rural Alaska fire suppression program.

The managers understand that the increased scope and intensity of the 1999 and 2000 fire seasons, as well as the increased frequency and severity of fires over the preceding decade, have led

Federal fire managers to reassess the assumptions underlying an

average fire season. Based on actual experience, especially over the

past two years, Federal fire managers have concluded that the

variables used to determine the optimal level of preparedness need

to be revised. Numerous variables, including changing assumptions

about fire personnel, deployment strategies and other factors affecting cost calculations underlie the recommendations in the agencies’

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recent report to the President. For example, the duration of the average fire season has steadily increased—by two to three months—

over the past several years. The expanded fire season increases the

duration of the season for which fire employees are paid and results in increased personnel costs.

The managers support the conclusions of wildfire managers

that initial attack capability should be increased to address the

number and severity of wildfires that have burned the landscape

over the past few years. To address this revised assumption, the

managers support full funding for: eight new hotshot crews that

will be used for both initial attack on small fires and extended attack on larger fires; twenty new smokejumpers that serve as the

primary initial attack force in remote areas; and additional air resources.

Recent experience dictates the need to increase staffing for engines from the current level of five days a week to seven days a

week to combat the increasingly volatile fire season. Fire managers

have also concluded that more of the firefighting workforce should

be permanent seasonal, an employment status that entitles workers to benefits not earned by temporary employees. The managers

support the recommendation to convert more than 1,000 positions

to permanent seasonal status, as a retention incentive to ensure

that a sustained cadre of professional firefighters is available when

needed. This increase in overall readiness costs should prove beneficial in the long run to the government’s ability to address fire

readiness, overall program management, and reduce overall costs

by putting out wildfires when they are small.

It is the managers’ understanding that readiness and program

management cost calculations have increased due to changes in resource objectives such as protection of newly discovered cultural artifacts and new land ownership patterns. In recent years costs associated with human settlement into the urban-wildland interface

have risen faster than models could accurately describe and are

underrepresented in average cost calculations. The managers also

understand that additional wildfire management personnel will require additional equipment and appropriate work environments,

and that work conditions must emphasize firefighter and public

safety. Therefore, the managers have included within the preparedness activity sufficient resources to provide the equipment, office,

and storage space necessary to provide safe and efficient operations. Additional funds provided under this appropriation for facilities are to be used to fund the highest priority health and safety

needs, as identified in the Department’s five-year plan for deferred

maintenance and capital improvements.

The managers support an acceleration of research activities

and expanded emphasis for the Joint Fire Science Program and

have provided an additional $4,000,000 respectively to the Departments of the Interior and Agriculture to support the recommendations regarding scientific support for fuels treatments and other

science needs beyond hazardous fuels. These funds are in addition

to the $4,000,000 provided for each agency as part of the Administration’s original budget request. Additional funds should be used

for such efforts as increased rapid response projects to ensure necessary resources are available for testing and evaluation of post-fire

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rehabilitation, assessment of post-fire and fire behavior effects, use

of aircraft-based remote sensing operations, implementation of protocols for evaluating post-fire stabilization and rehabilitation, and

the development of effective means for collecting and disseminating

information about treatment techniques. The managers expect the

increased funds to be made available to the Joint Fire Science activities of the Departments for the direct benefit of fire management programs, including burned area rehabilitation.

One means of directly benefiting wildfire management programs is to address locally and regionally important science and

technology needs associated with wildfire management and suppression, fuels management, and post-fire rehabilitation without

requiring national-level requests for proposals. Thus, the managers

expect the Joint Fire Sciences Governing Board to make a significant portion of the increased funds directly available to the fire

management programs of the Agriculture and Interior Departments to fund projects that directly address locally and regionally

important science and technology needs associated with fire management and suppression, fuels management, and post-fire rehabilitation. The managers further expect the Departments to ensure

that these programs are implemented within existing structures

without new program management or other overhead activities

that might reduce the direct benefit of funds provided.

The January 1998 Joint Fire Science Plan developed by the

two Departments and submitted to the Congress included provisions for a Stakeholder Advisory Group of technical experts from

land management organizations, private industry, academia, other

Federal agencies, and the public to formulate recommendations for

program priorities and advise the Joint Fire Science Program Governing Board. This Group is to be established under the provisions

of the Federal Advisory Committee Act. The managers are concerned that nearly three years have passed without establishment

of this group. The managers direct the Secretaries to establish the

group by December 31, 2000.

Wildland fire operations

For wildland fire operations, the managers provide

$468,847,000 of which $353,740,000 is funded in title IV as an

emergency appropriation. This funding level includes $153,447,000

to cover costs of the ten-year average of suppression, $195,400,000

for hazardous fuels reduction, and $85,000,000 for rehabilitation of

burned areas.

The managers encourage continued emphasis on safety as a

priority in the suppression program. Funding provided under this

appropriation is expected to provide for the most efficient and safe

strategy for the protection of life, property, and resources. Funding

is included to cover the projected 10-year average of suppression

expenditures for the Department.

The managers have provided $195,000,000 for hazardous fuels

management activities. These funds are to support activities on

Federal lands and adjacent non-Federal lands, which reduce the

risks and consequences of wildfire, both in and around communities and in wildland areas. Treatment methods include application of prescribed fire, mechanical removal, mulching, and applicaVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00116 Fmt 6604 Sfmt 6604 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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tion of chemicals. In many areas a combination of these methods

will be necessary over a period of several years to reduce risks and

to maintain healthy and viable forests and rangelands. The increased funding included in this appropriation will expand the existing fuels management program to reduce risks to communities

and risks to natural resources in high-risk areas. As proposed by

the Senate, the managers have included $120,300,000 for the Department of the Interior to accelerate treatments, planning efforts,

and collaborative projects with non-Federal partners in the

wildland-urban interface. This funding is provided as part of the

Department’s ongoing fuels treatment program, but must be dedicated to projects within the urban-wildland interface.

The managers understand that fuels treatment accomplishments have been constrained by a lack of funding to conduct planning, assessments, clearances, consultation, and environmental

analyses necessary for the land management and regulatory agencies to ensure that fuels treatments are accomplished quickly and

in an environmentally sound manner. The managers agree that additional funding should be made available from this appropriation

to conduct such assessments and clearances, in the interests of expediting fuels treatments in an environmentally sound manner.

Funds may be used directly by the Bureau of Land Management,

or on a reimbursable basis with National Park Service, Fish and

Wildlife Service, Bureau of Indian Affairs, or National Marine

Fisheries Service, to provide for appropriate planning and clearances. Funding will also be available for supporting communitybased efforts to address defensible space and fuels management

issues and to support outreach and education efforts associated

with fuels management and risk reduction activities. In conducting

treatments, local contract personnel are to be used wherever possible. The managers expect the Department to show planned and

actual funding and accomplishments for fuels management activities in future budget requests to Congress. The managers understand that actual amounts may differ from planned levels and

agree that the agencies have the ability to fund additional projects

and amounts based on actual needs.

Within the amounts provided for wildland-urban treatments,

$8,800,000 is to be made available to the Ecological Restoration Institute (ERI) of Northern Arizona University, through a cooperative

agreement with the Bureau of Land Management, to support new

and existing ecologically-based forest restoration activities in ponderosa pine forests. The managers’ goal is to develop a scientifically

based model that will promote restoration of the ecological health

of forests in the southwest, while reducing the threat of wildfire to

forest communities. Under this agreement, the managers expect

that ERI will: (1) research, develop, monitor, and conduct fuels

treatments in partnership with all Federal, Tribal, State, and private landowners to demonstrate the feasibility of restoration-based

fuels treatments on a community-level; (2) conduct an adaptive ecosystem analysis of ponderosa pine and related forests as a prototype for larger ecosystem analyses, and to fill the gap between

project or district/forest level analyses and regional analyses to

support future operational scale treatments; (3) develop options

and recommendations for developing markets for by-products of

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fuels treatment activities; (4) hold community workshops to design

suitable treatments, training and information transfer to land

managers, and information development and transfer to inform the

public and land managers about ecologically-based treatments. Recognizing the importance of cooperative agreements, the managers

request that the Bureau place a priority on timely negotiation and

implementation of this agreement to ensure the prompt availability

of funding pursuant to it, and that the Bureau conduct negotiations

at the national level. The agreement shall not include funding for

facilities or capital equipment like buildings and vehicles.

Included within the amounts for wildland fire operations is increased funding for burned area rehabilitation to address short

term and long-term detrimental consequences of wildfires. The

managers note that wildland fires burning under the right conditions, are beneficial and even essential to the health of forests and

rangelands. However, some severe wildfires can trigger a wide

array of detrimental impacts, ranging from short term floods, debris flow, and loss of water quality to longer term invasion by nonnative species and loss of productivity of the land. The increased

funding for burned area rehabilitation is designed to prevent further degradation of resources following wildland fire through (1)

short-term stabilization activities to protect life and property, protect municipal watersheds, and prevent unacceptable degradation

of critical natural and cultural resources, and (2) longer-term rehabilitation activities to repair and improve lands unlikely to recover

naturally from severe fire damage. The managers direct the agencies to develop a long-term program to manage and supply native

plant materials for use in various Federal land management restoration and rehabilitation needs. The managers recommend that

the interagency native plant conservation initiative lead this effort.

It is essential to monitor over the long-term various wildfire

operations and rehabilitation activities and use this evaluation to

alter future activities where indicated. The managers expect that

funding for burned area rehabilitation will be available from this

appropriation for only a limited period of time, after which ongoing

site maintenance must be funded from the land management bureaus’ appropriate operating accounts. In conducting stabilization

and rehabilitation treatments, local contract personnel should be

used wherever possible. The managers expect the Department to

show planned and actual funding and accomplishments for stabilization and rehabilitation activities in future budget requests to

Congress. The managers understand that actual amounts may differ from planned levels, and agree that the agencies have the ability to fund additional projects and amounts based on actual needs.

The managers direct the Departments of the Interior and Agriculture to report to the Appropriations Committees, by December

1, 2000, on criteria for rehabilitation projects to be funded from

this appropriation.

Rural fire assistance

For rural fire assistance, the managers provide $10,000,000 for

the Department of the Interior in a pilot effort to enhance the fire

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shared basis. The managers recognize that safe and effective protection in the urban-wildland interface demands close coordination

between local, State, Tribal, and Federal firefighting resources.

When large Interior landholdings are present, the managers support an expanded relationship between the Interior Department

and other governments for purposes of developing local fire prevention capability on a cost-shared basis.

CENTRAL HAZARDOUS MATERIALS FUND

The conference agreement provides $10,000,000 for the central

hazardous materials fund as proposed by the House and Senate.

CONSTRUCTION

The conference agreement provides $16,860,000 for construction instead of $5,300,000 as proposed by the House and

$15,360,000 as proposed by the Senate.

Increases Above the House by Project

Project Cost

Rock Springs admin. Building .............................................................. $3,000,000

Caliente admin. Building ...................................................................... 1,605,000

Susie Creek bridge ................................................................................. 295,000

Hult Pond dam ....................................................................................... 400,000

Margie’s Cove trail ................................................................................ 95,000

Muskrat Springs water system ............................................................ 70,000

Dutch Joe road ....................................................................................... 235,000

Escalante science center ........................................................................ 1,000,000

Coldfoot visitor center ........................................................................... 3,760,000

Fort Benton visitor center ..................................................................... 400,000

California Trail interpretive center ...................................................... 200,000

Blackwell Island facility ........................................................................ 500,000

The managers encourage the Bureau to work with the town of

Escalante and Garfield County, UT to ensure that the construction

of the science center is consistent with the Escalante Center master plan.

PAYMENTS IN LIEU OF TAXES

The conference agreement provides $150,000,000 for payments

in lieu of taxes instead of $144,385,000 as proposed by the House

and $148,000,000 as proposed by the Senate

LAND ACQUISITION

The conference agreement provides $31,100,000 for land acqui- sition instead of $19,000,000 as proposed by the House and

$10,600,000 as proposed by the Senate. Funds should be distributed as follows:

Area (State) Amount

Cerbat Foothills (AZ) ............................................................................. $750,000

El Dorado County (native plant preserve) (CA) .................................. 5,000,000

Gunnison Basin ACEC (CO) ................................................................. 2,000,000

Lower Salmon River ACEC (ID) ........................................................... 2,000,000

North Platte River (WY) ....................................................................... 250,000

Organ Mtns. (NM) ................................................................................. 2,000,000

Otay Mountain/Kuchamaa HCP (CA) .................................................. 1,000,000

Potomac River (MD) .............................................................................. 1,000,000

Potrero Creek (CA) ................................................................................ 2,000,000

San Pedro Ecosystem (easements only) (AZ) ....................................... 3,000,000

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Area (State) Amount

Sandy River (OR) ................................................................................... 750,000

Santa Rosa Mtns. NSA (CA) ................................................................. 1,000,000

Snake River Birds of Prey NCA (ID) ................................................... 500,000

Upper Crab Creek (WA) ........................................................................ 2,000,000

Upper Snake/S. Fork Snake R. (ID) ..................................................... 2,000,000

West Eugene Wetlands (OR) ................................................................ 1,350,000

Subtotal ........................................................................................ 26,600,000

Emergency/hardship/inholding ............................................................. 1,500,000

Acquisition management ....................................................................... 3,000,000

Total ................................................................................................. 31,100,000

The amounts provided for the Santa Rosa Mountains and the

Potomac River complete the Federal investment in these areas. The managers have included $2,000,000 for acquisition of the

Potrero Creek property in Southern California. These funds may

not be expended until the BLM has completed an appraisal using

accepted and standard government land appraisal techniques. The

managers direct the BLM to begin work on the appraisal within 30

days of enactment of this Act.

OREGON AND CALIFORNIA GRANT LANDS

The conference agreement provides $104,267,000 for Oregon

and California grant lands as proposed by the Senate instead of

$100,467,000 as proposed by the House.

Increases above the House include $350,000 for uncontrollable

costs, $3,000,000 for survey and manage, and $350,000 for annual

maintenance.

RANGE IMPROVEMENTS

The conference agreement provides an indefinite appropriation

for range improvements of not less than $10,000,000 as proposed

by the House and Senate.

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

The conference agreement provides an indefinite appropriation

for service charges, deposits, and forfeitures which is estimated to

be $7,500,000 as proposed by the House and Senate.

MISCELLANEOUS TRUST FUNDS

The conference agreement provides an indefinite appropriation

of $7,700,000 for miscellaneous trust funds as proposed by the

House and Senate.

UNITED STATES FISH AND WILDIFE SERVICE

RESOURCE MANAGEMENT

The conference agreement provides $776,595,000 for resource

management instead of $731,400,000 as proposed by the House and

$763,442,000 as proposed by the Senate. The numerical changes

described below are to the House recommended level.

In the endangered species listing program, there is a decrease

of $40,000 for the borderlands program. In consultation, there are

increases of $18,000 for forest planning, $2,000 for Everglades,

$1,500,000 for cold water fish in Montana and Idaho, $270,000 for

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the California/Nevada desert resource initiative, $1,000,000 for

Central Valley and Southern California habitat conservation planning, $500,000 for bighorn sheep conservation in Nevada and a

general increase of $1,000,000 for other consultations. Increases in the recovery program include $5,000,000 for

matching grants for Pacific salmon conservation and restoration in

Washington, $100,000 for the Citizens’ Management Committee as

defined by alternative one of the final EIS for grizzly bear recovery

in the Bitterroot ecosystem, $288,000 for wolf recovery in Idaho,

$100,000 for wolf monitoring by the Nez Perce tribe, $600,000 for

eider research at the Alaska SeaLife Center, $600,000 for

Lahontan cutthroat trout restoration and $500,000 for the black

capped vireo in Texas. Decreases in the recovery program include

$498,000 for the Bruneau Hot Springs snail and $398,000 for the

Prebles meadow jumping mouse. In habitat conservation, increases include $1,400,000 for Washington salmon enhancement, $4,000 for bull trout recovery in

Washington, $500,000 for private lands conservation efforts in Hawaii, $50,000 for rehabilitation of the White River in Indiana in response to a recent fish kill, $252,000 in project planning for the

Middle Rio Grande Bosque program and $350,000 for Long Live

the Kings and Hood Canal Salmon Enhancement Group.

In the environmental contaminants program, there is an in- crease of $400,000 for baseline data on subsistence foods in Alaska.

Changes in refuge operations and maintenance include a gen- eral increase of $314,000 for refuge operations and a decrease of

$445,000 for the borderlands program. In migratory bird management, increases include $575,000 to reduce sea bird by-catch in Alaska, $2,050,000 for joint ventures,

subject to the distribution described below, and a general increase

of $1,000,000.

Law enforcement operations increases include $7,000,000 to fill vacancies and to train and equip new personnel and $360,000 for

staffing and operations associated with the new port of entry designation in Anchorage, Alaska.

Increases in hatchery operations and maintenance include

$5,000,000 for the Washington Hatchery Improvement Project,

$184,000 for marking of hatchery salmon in Washington and

$400,000 for the hatchery restoration/recovery program proposed in

the budget request. In fish and wildlife management, there are increases of $8,000 for whirling disease research to be distributed as

proposed by the Senate, $50,000 for the Regional Mark Processing

Center, $11,051,000 for the Alaska subsistence program, $750,000

for the Klamath River flow study, $500,000 for Trinity River restoration, $200,000 for Yukon River fisheries management studies

and $100,000 for Yukon River Salmon Treaty education efforts.

The $5,000,000 proposed by the Senate as an emergency appropriation for Atlantic salmon restoration is addressed in the emergency title of the conference agreement.

In general administration, increases include $100,000 in international affairs for the tundra to tropics program, $500,000 for the

National Fish and Wildlife Foundation and $2,000,000 for Pingree

Forest non-development easements in Maine to be handled through

the National Fish and Wildlife Foundation.

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Bill Language.—The conference agreement earmarks $1,000,000 for the Youth Conservation Corps as proposed by the

House instead of $2,000,000 as proposed by the Senate. The earmark for endangered species listing programs is $6,355,000 as proposed by the Senate rather than $6,395,000 as proposed by the

House. The Senate proposal to provide $5,000,000 in emergency

funding for Atlantic salmon restoration in Maine has been modified

to require a cost share and included in the emergency appropriations title.

The managers agree to the following:

1. The increase provided in consultation for cold water fish in

Montana and Idaho are for preparation and implementation of

plans, programs, or agreements identified by the States of Idaho

and Montana that will address habitat for freshwater aquatic species on non-Federal lands. These funds will supplement funds that

have already been allocated by the States and will only be expended for landowners that are voluntarily enrolled in such plans,

programs, or agreements. The amount provided is to be split equally between Montana and Idaho.

2. While there is no specific earmark for the Prebles meadow

jumping mouse in the recovery program, the managers expect the

Service to continue work in this area.

3. The increase proposed by the Senate in habitat conservation

for an Alaska Village Initiative for a commercial management program is not included in this account but is addressed under the Bureau of Indian Affairs.

4. While there is no specific increase for alien species control

in the refuge operations and maintenance account, the Service is

encouraged to place a priority on these activities in the refuge operating needs system.

5. The Service, within its fixed cost increases should ensure

that a base increase is provided to cover the recently hired maintenance worker at the Ohio River Islands NWR, WV. The cost for fiscal year 2001 is estimated to be $45,000. The Service should ensure

that the annualized costs for new personnel are adequately reflected in its fixed cost increase budget estimates each year.

6. Any future funding for the Klamath River flow study and

the Trinity River restoration study will only be considered after the

Administration has clearly identified the full estimated costs for

these programs and the appropriate amounts to be budgeted by the

various agencies involved for each year. The fiscal year 2002 budget justification should include an interagency crosscut table for

each of these programs.

7. The managers have not agreed to the Senate language requiring ‘‘conclusive evidence’’ that the recovery zone can support

grizzly bears prior to their relocation in Idaho and Montana. The

managers, however, agree that no funds appropriated in this Act

should be spent on the physical relocation of grizzly bears into the

Selway-Bitterroot Ecosystem in Idaho and Montana prior to the

completion of a peer review of the habitat study, and a conclusion

based upon the best available scientific data that the recovery zone

can adequately support the proposed grizzly population.

8. The managers have not agreed to the Senate language requiring that wolves that stray into Oregon be removed. The manVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00122 Fmt 6604 Sfmt 6601 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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agers, however, expect the Service to learn from the mistakes made

in the New Mexico wolf introduction program and to coordinate extensively with the public at every stage of the wolf reintroduction

and recovery program. The protocols to be followed should be developed in close consultation with the public.

9. The managers are concerned by the Service’s failure to conduct population estimation, population reassessment, and desert

tortoise monitoring as described in the 1994 Desert Tortoise Recovery Plan. The managers expect the Service to undertake such work

in fiscal year 2001. The methodology to be used in conducting the

monitoring should be designed to permit correlation with the data

gathered between 1980 and 2000.

10. General increases have been provided for refuge operations

and maintenance. These increases should be distributed in accordance with the priorities set forth in the refuge operating needs system and the maintenance management system.

11. The increase provided in the environmental contaminants

program is to develop baseline data on contaminants identified by

the Arctic Council as threats in wildlife that are subsistence foods

in Alaska. The funding also may be used to sample, in partnership

with scientists employed by local governments, wildlife remains

found in sudden, unexpected die-offs.

12. The projects proposed by the Senate for the Canaan Valley

NWR, WV, and the Kealia Pond NWR, HI are addressed in the

construction account.

13. The Service should follow the direction in the Senate report

with respect to the release of prokelisia to control Spartina grass

in conjunction with mowing and spraying.

14. The September 1, 2000 reprogramming request submitted

by the Service to address administrative cost realignments, rental

cost increases and increased administrative costs is approved. The

Service should ensure that all necessary base adjustments are

made in the 2002 budget within the fixed cost category to reflect

correctly these ‘‘uncontrollable’’ costs.

15. The managers have recently become aware of a General Accounting Office review of procedures in the Carlsbad, CA, ecological

services office. In particular, the managers are concerned by reports from GAO that automated systems are inadequate. The fiscal

year 2002 budget request should address this problem.

Joint Ventures.—Funds for joint venture programs are to be

distributed in fiscal year 2001 as shown in the following table. In

addition, the managers expect the Service to phase in additional

funding over the next three years to achieve the levels specified in

the table for fiscal year 2004. To the extent that the funding specified for 2004 is insufficient, the managers do not object to a proposal for higher funding levels for joint ventures. The Service is

urged to re-evaluate all their ‘‘optimal’’ funding calculations and, in

particular, the sea duck joint venture calculation and report to the

House and Senate Committees on Appropriations if any of those

amounts should be raised. The managers note that the joint venture programs have leveraged a small amount of Federal funding

many times over to accomplish much needed habitat improvements

throughout the country.

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JOINT VENTURES FUNDING

Fiscal year 2001 Target level fiscal

year 2004

Atlantic Coast ...................................................................................................................... $380,000 $800,000

Lower Mississippi ................................................................................................................ 502,000 750,000

Upper Mississippi ................................................................................................................ 240,000 650,000

Prairie Pothole ..................................................................................................................... 1,185,000 1,400,000

Gulf Coast ............................................................................................................................ 340,000 700,000

Playa Lakes .......................................................................................................................... 225,000 700,000

Rainwater Basin .................................................................................................................. 225,000 400,000

Intermountain West ............................................................................................................. 240,000 1,000,000

Central Valley ...................................................................................................................... 360,000 550,000

Pacific Coast ....................................................................................................................... 240,000 700,000

San Francisco Bay ............................................................................................................... 225,000 370,000

Sonoran ................................................................................................................................ 225,000 400,000

Arctic Goose ......................................................................................................................... 140,000 370,000

Black Duck ........................................................................................................................... 110,000 370,000

Sea Duck .............................................................................................................................. 250,000 550,000

Administration ..................................................................................................................... 599,000 750,000

Total ....................................................................................................................... 5,486,000 10,460,000

CONSTRUCTION

The conference agreement provides $63,015,000 for construction instead of $48,395,000 as proposed by the House and

$54,803,000 as proposed by the Senate.

Funds are to be distributed as follows:

Project Description Amount

Alaska Maritime NWR, AK ......................................... Headquarters/Visitor Center ...................................... $593,000

Alchesay/Williams Creek NFH, AZ ............................. Environmental Pollution Control—Phase II (c) ........ 927,000

Anahuac NWR, TX ...................................................... Bridge Rehab/Replacement—Phase I (p/d/ic) ......... 673,000

Bear River NWR, UT .................................................. Water management facilities (c) .............................. 500,000

Bear River NWR, UT .................................................. Education Center (c) ................................................. 3,600,000

Blackwater NWR, MD ................................................. Carpentry/Auto Shop .................................................. 300,000

Bozeman FTC, MT ...................................................... Laboratory/Administration Building—Phase II (c) ... 1,600,000

Bridge Safety Inspection ........................................... .................................................................................... 495,000

Cabo Rojo NWR, PR ................................................... Replace Office Building (Seismic)—Phase I (p/d) .. 500,000

Canaan Valley NWR, WV ........................................... Heavy equipment replacement .................................. 350,000

Chincoteague NWR, VA .............................................. Headquarters & Visitor Center—Phase II (c) .......... 3,500,000

Clarks River NWR, KY ................................................ Garage and visitor access ........................................ 500,000

Coleman NFH, CA ...................................................... Seismic Safety Rehab of 3 buildings—Phase I (p/

d).

301,000

Dam Safety Inspection .............................................. .................................................................................... 570,000

Ennis NFH, MT ........................................................... Raceway Enclosure—Phase II (c) ............................ 1,000,000

Great Dismal Swamp NWR, VA ................................. Planning and public use ........................................... 250,000

Hagerman NWR, TX ................................................... Bridge Rehabilitation—Phase I (p/d) ....................... 368,000

Jackson NFH, WY ....................................................... Seismic Safety Rehab of 2 Buildings—Phase I (p/

d).

373,000

John Heinz NWR, PA .................................................. Administrative wing .................................................. 800,000

Kealia Pond NWR, HI ................................................. Water control structures ........................................... 700,000

Kodiak NWR, AK ......................................................... Visitor Center/planning ............................................. 180,000

Lake Thibadeau NWR, MT ......................................... Lake Thibadeau Diversion Dam—Phase II (c) ......... 450,000

Leavenworth NFH, WA ................................................ Nada Dam—Phase II SEED Study ............................ 300,000

Mason Neck NWR, VA ................................................ ADA accessibility (c) ................................................. 130,000

Mason Neck NWR, VA ................................................ Non-motorized trail .................................................... 600,000

Nat’l Eagle Repository, CO ........................................ Relocation of National Eagle Repository—Phase II

(d/c).

400,000

Nat’l Wildlife Repository, CO ..................................... Renovation of National Wildlife Property Repository—Phase II (d/c).950,000

Nat’l Conservation Training Ctr, WV ......................... Fourth Dormitory (p/d/c) ........................................... 12,750,000

NFW Forensics Lab, OR ............................................. Forensics Laboratory Expansion—Phase II (d/ic) .... 1,838,000

Noxubee NWR, MS ..................................................... Visitor Center (c) ....................................................... 2,000,000

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Project Description Amount

Parker River NWR, MA ............................................... Headquarters Complex (c) ......................................... 1,230,000

Pittsford NFH, VT ....................................................... Planning and design/hatchery rehabilitation ........... 300,000

San Pablo Bay NWR, CA ........................................... Renovate Office—Phase I (p/d) ............................... 275,000

Seatuck & Sayville NWRs, NY ................................... Visitor facilities ......................................................... 115,000

Silvio O. Conte NWR, VT ............................................ Education Center ....................................................... 1,512,000

Six NFHs .................................................................... Water Treatment Improvement—Phase II (c) .......... 2,500,000

Sonny Bono Salton Sea NWR, CA .............................. Seismic Safety Rehab of 1 Building—Phase I (p/d) 55,000

Tern Island NWR, HI .................................................. Rehabilitate Seawall—Phase III (c) ......................... 8,600,000

Tishomingo NFH, OK .................................................. Pennington Creek Foot Bridge—Phase II (c) ........... 229,000

White River NWR, AR ................................................. Visitor Center construction ....................................... 1,100,000

White Sulphur Springs NFH, WV ............................... Holding and propagation .......................................... 350,000

White Sulphur Springs NFH, WV ............................... Office renovations ..................................................... 20,000

Subtotal: Line item Construction ................. .................................................................................... 53,784,000

Nationwide Engineering Services:

Demolition Fund ............................................... .................................................................................... 1,389,000

Env. Compliance ............................................... .................................................................................... 1,860,000

Seismic Safety Program ................................... .................................................................................... 200,000

Other Engineering Services .............................. .................................................................................... 5,782,000

Subtotal: Engineering Services .................... .................................................................................... 9,231,000

Grand total ................................................... .................................................................................... 63,015,000

The managers agree to the following:

1. Funds for the Clarks River NWR, KY, garage and visitor

contact station complete the project.

2. The Downeast Heritage Center, ME, project proposed by the

Senate is addressed in the National Park Service.

3. The administrative wing at the John Heinz NWR, PA, will

eliminate the need for rent associated with temporary office space.

The managers note that the John Heinz refuge has done an admirable job in raising private funds for visitors’ center construction.

4. The Service should pursue cost-sharing opportunities for the

Kealia Pond NWR, HI, water control structure project.

5. The total cost for the Kodiak NWR, AK, Administrative and

Visitors’ Center should not exceed $10 million of which the Fish

and Wildlife Service maximum share is $7 million and the cost

share is $3 million.

6. The funding provided for a fourth dormitory at the National

Conservation Training Center, WV, will complete the dormitory

project and fully fund the connection of the facility to the city water

supply.

7. Funds for the Noxubee NWR, MS, Administrative and Visitors’ Center will complete the Fish and Wildlife Service commitment to the project.

8. The Service should, as soon as possible, notify the House

and Senate Committees on Appropriations, of the total estimated

cost for the Pittsford NFH, VT, hatchery rehabilitation project.

9. Funds for the Silvio O. Conte NWR, VT, Education Center

will complete the Fish and Wildlife Service commitment to the

project. Any additional funding requirements should be accommodated with non-Department of the Interior funds.

10. No funds are included for the Waccamaw NWR, SC, Visitors’ Center. This refuge has not yet been opened. The managers

urge the Service to include this project, as appropriate, in their priority system for future consideration.

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11. Funds for the White River NWR, AR, Administrative and

Visitors’ Center, in combination with previously appropriated

funds, will complete the Fish and Wildlife Service commitment to

the project. The remaining $600,000 required for the visitors’ center portion of the project should be accommodated with non-Department of Interior funds.

12. Funds for the holding and propagation facility at the White

Sulphur Springs NFH, WV, will complete the project.

Bill Language.—The conference agreement includes bill language directing the release of previously appropriated funds for exhibits at the Ding Darling NWR, FL.

LAND ACQUISITION

The conference agreement provides $62,800,000 for land acqui- sition instead of $30,000,000 as proposed by the House and

$46,100,000 as proposed by the Senate. Funds should be distributed as follows:

Area (State) Amount

Archie Carr NWR (FL) .......................................................................... $2,000,000

Back Bay NWR (VA) ............................................................................. 500,000

Balcones Canyonlands NWR (TX) ........................................................ 1,750,000

Big Muddy NWR (MO) .......................................................................... 1,000,000

Bon Secour NWR (AL) ........................................................................... 1,000,000

Buenos Aires NWR (AZ) ........................................................................ 1,000,000

Canaan Valley NWR (WV) .................................................................... 500,000

Cat Island NWR (LA) ............................................................................ 1,500,000

Centennial Valley NWR (MT) ............................................................... 1,750,000

Clarks River NWR (KY) ........................................................................ 500,000

Dakota Tallgrass Prairie Project (SD) ................................................. 2,100,000

Edwin B. Forsythe NWR (NJ) .............................................................. 1,000,000

Grand Bay NWR (AL) ........................................................................... 1,150,000

Great Meadows Complex (MA) ............................................................. 1,000,000

Hakalau Forest NWR (HI) .................................................................... 1,000,000

Lake Umbagog NWR (NH) ................................................................... 1,500,000

Leslie Canyon NWR (AZ) ...................................................................... 2,000,000

Louisiana Black Bear NWR (LA) ......................................................... 1,000,000

Lower Rio Grande Valley NWR (TX) ................................................... 500,000

Minnesota Valley NWR (MN) ............................................................... 500,000

Montezuma NWR (NY) ......................................................................... 2,000,000

Neal Smith NWR (IA) ........................................................................... 600,000

North Dakota Prairie Project (ND) ...................................................... 800,000

Northern Tallgrass NWR (MN) ............................................................ 1,000,000

Ohio River Islands NWR (WV) ............................................................. 500,000

Palmyra Atoll/Kingman Reef (HI) ........................................................ 1,000,000

Patoka River NWR (IN) ........................................................................ 800,000

Pelican Island NWR (Lear tract) (FL) ................................................. 3,200,000

Prime Hook NWR (DE) ......................................................................... 1,300,000

Rachel Carson NWR (ME) .................................................................... 1,000,000

Rappahannock River NWR (VA) .......................................................... 1,000,000

Rhode Island NWR Complex (RI) ......................................................... 1,500,000

San Diego NWR (CA) ............................................................................ 3,000,000

Silvio O. Conte NWR (CT/MA/NH/VT) ................................................ 750,000

Stewart B. McKinney NWR (CT) ......................................................... 1,500,000

Waccamaw NWR (SC) ........................................................................... 1,000,000

Walkill River NWR (NJ) ....................................................................... 1,000,000

Wertheim NWR (NY) ............................................................................. 2,000,000

Western Montana Project (MT) ............................................................ 1,000,000

Whittlesey Creek NWR (WI) ................................................................. 500,000

Willapa NWR (WA) ................................................................................ 2,000,000

Subtotal ........................................................................................ 50,700,000

Emergencies/Hardships ......................................................................... 750,000

Exchanges ............................................................................................... 850,000

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Area (State) Amount

Inholdings ............................................................................................... 1,000,000

Acquisition Management ....................................................................... 9,500,000

Total ................................................................................................. 62,800,000

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

The conference agreement provides $26,925,000 for the cooperative endangered species conservation fund as proposed by the Senate instead of $23,000,000 as proposed by the House. The increase

above the House is for habitat conservation planning land acquisition.

NATIONAL WILDLIFE REFUGE FUND

The conference agreement provides $11,439,000 for the National wildlife refuge fund instead of $10,439,000 as proposed by

the House and $10,000,000 as proposed by the Senate. The managers urge the Service to request increased funds for this account

in future budget requests commensurate with increases in land acquisition.

NORTH AMERICAN WETLANDS CONSERVATION FUND

The conference agreement provides $20,000,000 for the North

American wetlands conservation fund instead of $15,499,000 as

proposed by the House and $16,500,000 as proposed by the Senate.

Within this amount, $19,200,000 is for wetlands conservation and

$800,000 is for administration.

WILDLIFE CONSERVATION AND APPRECIATION FUND

The conference agreement provides $797,000 for the wildlife

conservation and appreciation fund as proposed by both the House

and the Senate.

MULTINATIONAL SPECIES CONSERVATION FUND

The conference agreement provides $2,500,000 for the multinational species conservation fund as proposed by the Senate instead of $2,391,000 as proposed by the House.

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

The conference agreement provides $1,389,144,000 for the operation of the National park system instead of $1,426,476,000 as

proposed by the House and $1,367,554,000 as proposed by the Senate (excluding U.S. Park Police funding, which is included in a new

appropriations account). The agreement provides $283,465,000 for

Resource Stewardship instead of $275,124,000 as proposed by the

House and $279,375,000 as proposed by the Senate. Changes to the

House level include $900,000 for Learning Centers, $1,107,000 for

native and exotic species management, $1,034,000 for Alaska subsistence fisheries, $1,750,000 for vegetation mapping, $825,000 for

water resources restoration and protection, $1,275,000 for water

quality monitoring, $500,000 for the Everglades Task Force,

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ures and $300,000 for the ongoing Civil War Soldiers and Sailors

Partnership. These funds are not intended to be used to initiate

any portion of the proposed digitization initiative in the budget. The conference agreement provides $279,871,000 for Visitor

Services as proposed by the Senate. Changes to the House level include $1,000,000 for the 2001 Presidential Inaugural and $235,000

for Regional office park support. The conference agreement provides $78,048,000 for the U.S.

Park Police in a new appropriations account that follows this account.

The conference agreement provides $469,703,000 for mainte- nance instead of $446,661,000 as proposed by the House and

$449,203,000 as proposed by the Senate. Increases to the House

level include $20,000,000 for additional maintenance and operational needs of the Service. Following enactment of the Bill, the

National Park Service should make the necessary adjustments to

align these additional funds for the purposes approved by the

House and Senate Committees on Appropriations with the proper

budget subactivity. Two specific needs provided for in this increase

are $975,000 for the 9 National Trails and a $2,300,000 base increase for Harpers Ferry Design Center. In addition, the managers have provided increases of $42,000 for regional office park support, $2,000,000 for facility management

software and $1,000,000 for condition assessments. The conference

agreement does not include the general increase for maintenance

as proposed by the House. Although the managers have provided

funds for the maintenance management system and building condition assessments, the managers remain concerned that the improvements provided by these efforts will take too long to implement and may still not fully document the complete maintenance

backlog of the Service, as required by the House and Senate Committees on Appropriations and by statute, within the next few

years. Therefore, by April 2001, a report is to be provided to the

Committees that describes how and when the Service will provide

a park by park comprehensive listing, with cost estimates, of deferred maintenance affecting all facilities in the National Park

Service, including buildings, historic structures, roads, trails, utility systems, campgrounds, picnic areas and all other items requiring maintenance and repair. The Service should also address the

issue raised by the Committees concerning why large parks cannot

conduct their own condition assessment internally and without additional funds.

Within in the amounts provided for repair and rehabilitation,

the managers earmark the following projects: $350,000 to repair

the lighthouse at Fire Island NS (this amount is not intended to

initiate planning for a new visitor center), $75,000 to repair the

Ocean Beach Pavilion at Fire Island, NS, $309,000 for repairs of

the Bachlott House and $100,000 for the Alberty House which are

both located at Cumberland Island NS, and $500,000 for maintenance projects at the Ozark National Scenic Riverways Park.

The conference agreement provides $259,178,000 for Park Support instead of $254,628,000 as proposed by the House and

$262,178,000 as proposed by the Senate. Changes to the House

level include $500,000 for regional office park support, $750,000 for

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mid-level management intake training program, $100,000 for Wild

and Scenic Rivers (existing partnership rivers), $200,000 for a wilderness study at Apostle Islands NL and $3,000,000 for the Challenge cost share program for activities related to the anniversary

of the Lewis and Clark expedition. The amount provided for Lewis

and Clark related activities are for the purposes described in the

Senate report, but include $2,000,000 for a major national traveling

exhibition that will include more than 200 Lewis and Clark original artifacts, artworks and manuscripts. This funding must be

matched by private sources. The conference agreement provides $96,927,000 for External

Administrative Costs as proposed by the Senate. Changes to the

House include $2,000,000 for GSA rental space needs. The conference agreement does not include the $66,500,000 general increase proposed by the House.

Through a combination of appropriated funds, recreational fee

demonstration project revenues, partnerships, and other sources,

the National Park system has unprecedented levels of funding

available to it to address critical resource protection and visitor

service requirements. The managers emphasize the importance of

applying prudent and sound financial management practices to ensure the integrity of these funding sources, particularly with regard

to tracking for accountability purposes. Consistent with Comptroller General opinions, appropriations are not to be augmented

with other funding sources. Projects that are identified to be completed for an identified amount of funding, regardless of fund

source, are to be completed as proposed. Any additional resources

to be applied to a project constitute a reprogramming and are subject to the established guidelines. The managers are particularly

concerned about construction projects for which bids come in above

estimates, and the proposed solution is to defer exhibits and to

fund the remaining elements at a later date using a different fund

source, such as fees. This is not an appropriate use of the fee program.

The managers direct that the National Park Service make sufficient funds available to assure that signs marking the Lewis and

Clark route in the State of North Dakota are adequate to meet National Park Service standards.

The managers support the decision of the Ozark National Scenic Riverways to retain the carpentry and maintenance positions.

The managers recognize the urgent needs at ONSR for key carpentry and maintenance personnel who have specialized skills in

properly maintaining park facilities. The managers expect that

these positions will be retained at ONSR.

The managers are aware of a recommendation by the National

Park Service’s National Leadership Council to consolidate funding

for all aspects of the ongoing intake program into a centralized program. Currently, the salary costs are paid by the parks, regions,

and program offices participating in the program. The managers

have no objection to the internal reprogramming necessary (not to

exceed $1,106,000) to allow for centralized funding for this important program. This approach results in no net change in costs and

should allow for greater participation in the program by more

parks throughout the system.

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The managers are aware that the EPA, through cooperative

agreements with the National Park Service, has maintained a longterm environmental and air quality monitoring site in the Great

Smoky Mountains National Park through the demonstration intensive site project and sites in wilderness areas of the Nantahala National Forest and Pisgah National Forest. The managers are concerned, however, by reports that the EPA may be considering terminating funding support for these monitoring sites. Because of the

wealth of information provided to Federal, State and local stakeholders by the sites, the managers expect the EPA to continue its

monitoring partnerships with the Great Smoky Mountains NP and

both national forests. The managers are also aware of the vital role

played by the Southern Appalachian Mountains Initiative (SAMI),

through the EPA, in studying the effects of air pollutants on the

Great Smoky Mountains NP and nearby forests.

The managers wish to reiterate the concern expressed by the

Senate with respect to the lack of adequate ambulance service at

the Hawaii Volcanoes National Park. The managers therefore direct that, within the amounts provided for operation of the National Park System, the Service shall provide the necessary funds,

not to exceed $350,000, for the Federal share of the cooperative effort to provide emergency medical services in the Hawaii Volcanoes

National Park. This support should be in addition to the Park’s

base operating funds.

The managers are aware that legislation currently under consideration would authorize the inclusion of the Wills House within

Gettysburg National Military Park. Should such legislation be enacted, the managers encourage the Service to initiate rehabilitation

of the House within available repair and rehabilitation funds.

The managers expect that funding for the First Ladies National Historic Site will be included in the fiscal year 2002 Park

Service request and in all future budget requests.

UNITED STATES PARK POLICE

The conference agreement provides $78,048,000 for the United

States Park Police as a new appropriations account instead of

$75,641,000 as proposed by the House and $76,441,000 as proposed

by the Senate under the operation of the National park system account.

The increases to the budget request are associated only with

the Washington Monument and several other nationally recognized

park sites in Washington, D.C. and in certain cases represent one

time only costs. The increases include $235,000 for design costs associated with a visitor screening facility and x-ray machine at the

Washington Monument, $275,000 for design of a parkwide key system, $997,000 to design and install closed circuit television and

alarm systems at five specific monuments and $100,000 for planning for a parkwide communication system. Plans for any of these

items that require additional appropriations should be carefully reviewed by the leadership of the National Park Service as well as

the Development Advisory Board to ensure that the scope and costs

are carefully and frugally estimated. The managers have also included $800,000 for the 2001 Presidential Inaugural.

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The managers note that funds available for U.S. Park Police

(USPP) operations have grown at a rate well above nearly every account in the Interior appropriations bill. Since fiscal year 1987, the

USPP operating account has increased nearly 80 percent above inflation. By comparison, over the same period, the operating accounts for several large national parks grew by lesser amounts.

The entire operation of the national park system account grew by

50 percent during this period, while accommodating the requirements of 43 new park areas. Despite the growth during this period,

the House and Senate Committees on Appropriations have continued to receive requests for items that have been funded in prior

years, such as anti- and counter-terrorism, drug enforcement, recruit classes, and equipment replacement. The recommendations

which follow are intended to improve accountability and oversight

of the USPP budget.

To strengthen fund controls that apply to the USPP, the managers have established a separate appropriation account for USPP

activities. The only extent to which USPP will be able to draw on

the operation of the national park system account is limited to the

funds contained in that appropriation account for ongoing USPP

activities at the Statue of Liberty and Gateway National Recreation Area and the purposes identified below. Bill language is included in the Operations account. The establishment of this separate appropriations account, to be managed as discussed below, will

preclude funds from being transferred from the USPP to other park

purposes, and vice versa.

This account covers the operational costs of the United States

Park Police, including those costs for uniformed and civilian staff

assigned to the USPP, supplies, materials, utilities, equipment, and

pension costs for retired officers. The USPP may receive additional

funds on a reimbursable basis from non-NPS entities. No other

funds are to be used to augment the USPP operational budget.

As stated above, the funding recommended for this appropria- tion activity in fiscal year 2001 is $78,048,000, which represents

the budget request and additional funds to cover the four specific

items detailed above. The only other funds which may be allocated

to the park police are for those USPP costs assumed in the ONPS

budget as continuing in the park bases of the Statue of Liberty and

Gateway National Recreation Area, to respond to approved emergency law and order incidents and to maintain and repair USPP

administrative facilities. When the Director has determined the appropriate amounts of the funding of these two units that should be

devoted to USPP purposes, and the level of service that the USPP

must continue to provide with those resources, the House and Senate Committees on Appropriations should be informed. In developing the fiscal year 2002 budget, the Service should make the necessary adjustments to show these funding increments entirely in

the USPP appropriation account.

The managers are concerned about the ongoing reports of financial shortfalls and funding discrepancies involving the USPP

budget. The managers expect the USPP to prepare a detailed financial plan on the proposed use of the fiscal year 2001 funds appropriated in the separate account as well as to be made available

from ONPS, within 30 days of enactment of this Act. The financial

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plan should include information such as existing and planned staffing levels, pay and benefits, overtime pay, recruitment classes,

planned expenditures for equipment, and complete object class data

for each USPP program. Once the financial plan has been reviewed

and approved by the regional director for the National Capital Region, the National Park Service’s comptroller, and the National

Academy of Public Administration, it is to be followed.

The budget function for the USPP is to be carefully controlled

by the regional director’s office. Any proposed deviation from the financial plan must be approved in advance by the regional director,

and if it constitutes a reprogramming pursuant to the reprogramming guidelines, must come before the House and Senate Committees on Appropriations for approval. The USPP is directed to manage its expenditures using the same financial management system

as the rest of the National Park Service, and should cease use of

other systems immediately. The managers expect the USPP to engage in the same budget formulation, execution, and reporting

practices as the rest of the Service.

With regard to recruitment classes, the funding level rec- ommended by the managers continues the $2,361,000 provided in

fiscal year 2000 for the conduct of two recruit classes (each with

a class size of 24 recruits). These funds cover salary costs for the

48 recruits as well as their training costs, travel, lodging, initial

uniform, equipment, applicant physicals, and background checks.

At the end of training, these recruits will fill existing funded vacancies. It is the managers’ expectation that two recruit classes will be

conducted in fiscal year 2001. This assumption should be reflected

in the financial plan; any proposed reallocation of funds from recruit classes to other operating expenses is considered a reprogramming and must be approved by the House and Senate Committees

on Appropriations.

In addition to the financial controls imposed above, the managers also expect the USPP to identify the necessary funds to pay

for an independent review of the structure and financial plan of the

USPP. This funding should be reflected in the financial plan. The

managers direct the National Park Service to contract with the National Academy of Public Administration for this assessment within

30 days of enactment of this Act. The assessment should include:

(1) an evaluation of the mission and goals of the USPP in accordance with statutory and regulatory requirements, (2) an assessment of the USPP mission vis-a-vis other Federal agencies and law

enforcement entities, including a review of the extent to which the

USPP is involved in supporting law enforcement functions which go

beyond the mission of the National Park Service, including estimated costs associated with these activities, (3) an evaluation of

current and future staffing requirements to meet mission and

goals, and an examination of the methodology used by the USPP

to determine staffing needs, and (4) an analysis of the spending

patterns of the USPP over the last three fiscal years, with particular regard to the extent to which actual expenditures tracked

against approved financial plans, the adequacy of budget projections for items such as overtime and special deployments versus actual expenses, the extent to which the USPP assessed the costs of

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ating costs for the helicopters for NPS purposes versus other jurisdictions, and an assessment of the expenditures for equipment replacement against an identified plan.

NATIONAL RECREATION AND PRESERVATION

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $58,359,000 for National

recreation and preservation instead of $47,956,000 as proposed by

the House and $61,249,000 as proposed by the Senate (excluding

urban parks funding, which is included in a separate appropriations account). The agreement provides $542,000 for recreation programs as proposed by the House and Senate. The agreement provides $10,805,000 for natural programs instead of $11,205,000 proposed by the House and $10,505,000 as proposed by the Senate.

This includes increases of $300,000 for the Rivers and Trails program and $300,000 for hydro relicensing. While the managers have

not earmarked the River and Trails program, consideration should

be given to groups involved in hiking and biking trails in southeastern Michigan and the Service is encouraged to work cooperatively with groups in this area.

The conference agreement includes $20,753,000 for cultural

programs instead of $19,853,000 as proposed by the House and

$20,253,000 as proposed by the Senate. This includes $250,000 for

the ongoing Revolutionary War/War of 1812 study, and increases of

$100,000 for Gettysburg NMP technical assistance, $250,000 for

the National Center for Preservation Technology and $300,000 for

Heritage Preservation, Inc.

The managers are aware of efforts to commemorate and interpret underground railroad sites in Wilmington, Delaware, and the

surrounding area, and encourage the National Park Service to provide technical assistance and such other support for these efforts

as is consistent with the National Underground Railroad Network

to Freedom Act and other appropriate Service programs.

The conference agreement includes $10,307,000 for Heritage

Partnership Programs instead of $9,420,000 as proposed by the

House and $9,787,000 as proposed by the Senate. Funds are to be

distributed as follows:

America’s Agricultural Heritage Partnership ..................................... $500,000

Augusta Canal National Heritage Area ............................................... 700,000

Automobile National Heritage Area ..................................................... 338,000

Cache La Poudre River Corridor .......................................................... 50,000

Cane River National Heritage Area ..................................................... 400,000

Delaware and Lehigh National Heritage Corridor ............................. 600,000

Essex National Heritage Area .............................................................. 1,000,000

Hudson River Valley National Heritage Area ..................................... 902,000

Illinois and Michigan Canal National Heritage Corridor ................... 240,000

John H. Chafee Blackstone River Valley National Heritage Corridor ..................................................................................................... 600,000

Lackawanna Heritage Area .................................................................. 500,000

National Coal Heritage ......................................................................... 245,000

Ohio and Erie Canal National Heritage Center ................................. 1,000,000

Quinebaug and Shetucket Rivers Valley National Heritage Corridor ..................................................................................................... 515,000

Rivers of Steel National Heritage Area ............................................... 1,000,000

Schuykill National Heritage Center ..................................................... 200,000

Shenandoah Valley Battlefields National Historic District ............... 400,000

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South Carolina National Heritage Corridor ........................................ 1,000,000

Project total ................................................................................. 10,190,000

Overhead/fixed costs .............................................................................. 117,000

Total ............................................................................................. 10,307,000

The managers have reallocated the technical assistance funds

requested in the budget to the individual heritage areas, which are

in a better position to decide their needs. These funds are for technical assistance to local governments and partner organizations to

help implement locally supported projects consistent with the overall plans for these designated areas. These funds may be used to

contract for government or private sector services to respond to

local requests for assistance. Within the total provided, the managers have included $17,000 for fixed costs and $100,000 for administrative overhead.

The managers direct that implementation funds for the Hudson River Valley National Heritage Area are contingent upon National Park Service approval of the management and interpretive

plans that are currently being developed.

The conference agreement provides $12,296,000 for Statutory

or Contractual Aid instead of $3,280,000 as proposed by the House

and $16,506,000 as proposed by the Senate. The funds are to be

distributed as follows:

Alaska Native Cultural Center ............................................................. $742,000

Aleutian World War II National Historic Area ................................... 100,000

Brown Foundation ................................................................................. 101,000

Chesapeake Bay Gateways ................................................................... 2,300,000

Dayton Aviation Heritage Commission ................................................ 300,000

Four Corners Interpretive Center ........................................................ 2,250,000

Ice Age National Scientific Reserve ..................................................... 798,000

Johnstown Area Heritage Association ................................................. 49,000

Lamprey River ....................................................................................... 500,000

Mandan On-a-Slant Village .................................................................. 500,000

Martin Luther King, Jr. Center ........................................................... 529,000

National First Ladies Library .............................................................. 500,000

Native Hawaiian culture and arts program ........................................ 742,000

New Orleans Jazz Commission ............................................................ 66,000

Roosevelt Campobello International Park Commission ..................... 730,000

Route 66 National Historic Highway ................................................... 500,000

Sewall-Belmont House .......................................................................... 495,000

Vancouver National Historic Reserve .................................................. 400,000

Wheeling National Heritage Area ........................................................ 594,000

Women’s Progress Commission ............................................................ 100,000

The managers have provided $2,300,000 for the Chesapeake

Bay Gateway program. Within this amount is $800,000 for grants

and technical assistance and $1,500,000 for the purchase of the

Holly Farm Beach property requested in the President’s budget.

The acquisition dollars are subject to at least an equal match by

State or private funds. Should the $1,500,000 not be expended for

the purchase of the Holly Farm Beach property, the Service should

submit a reprogramming for other needs within the National Park

Service. These funds will not be made available in addition to the

$800,000 provided for the base program. The managers have not

provided $2,000,000 for the Urban Parks Program in the account

as proposed by the House and Senate. A total of $10 million is provided in a separate account.

135

The managers have included language in the bill providing for

the transfer to this account of $1,595,000 previously appropriated

for the acquisition of Ferry Farm, George Washington’s Boyhood

Home. Since an easement on this property has been acquired at the

appraised fair market value, these funds are not required for further acquisition. The transferred funds are to be provided as a

grant to the George Washington’s Fredericksburg Foundation for

the conduct of archaeological investigations at the site, research

into the life of George Washington’s family at Ferry Farm, development of interactive education programs, development of visitor programs, and other activities that complement the National Park

Service’s programs and mission in the Fredericksburg area.

URBAN PARK AND RECREATION FUND

The conference agreement provides $10,000,000 for the urban

park and recreation fund instead of the $2,000,000 proposed by the

House and Senate as part of the National recreation and preservation account.

HISTORIC PRESERVATION FUND

The conference agreement provides $79,347,000 for the historic

preservation fund instead of $41,347,000 as proposed by the House

and $44,347,000 as proposed by the Senate. Changes to the House

level include $3,000,000 for State Historic Preservation Offices as

proposed by the Senate.

The managers have also provided $35,000,000 for Save America’s Treasures. These funds are subject to a fifty percent cost

share, and no single project may receive more than one grant from

this program. The funds are to be distributed as follows:

Alexandria Academy, VA ...................................................................... $200,000

Arlington House, VA ............................................................................. 150,000

Ashland Depot, WI ................................................................................ 500,000

Athens State Founders Hall, AL .......................................................... 100,000

Belle of Louisville, KY ........................................................................... 500,000

Berman Museum, PA ............................................................................ 250,000

Bodie Lighthouse, NC ........................................................................... 200,000

Boston Symphony Hall, MA .................................................................. 200,000

Darwin Martin House, NY .................................................................... 1,000,000

Delf Norona Museum, WV .................................................................... 500,000

Durst-Taylor House, TX ........................................................................ 275,000

First Avenue National Register District (Fairbanks), AK .................. 300,000

Grays Harbor County Courthouse, WA ............................................... 500,000

Barre Heritage Museum, VT ................................................................ 950,000

Hopewell Museum, KY .......................................................................... 250,000

Huntsville Depot, AL ............................................................................. 75,000

Old Danforth Street Bridge, MA .......................................................... 500,000

Lewes Maritime Park, DE .................................................................... 1,000,000

Liberty Theater, OR .............................................................................. 400,000

Lincoln Pond/Colonial Theatre, FL ...................................................... 837,000

Loudoun House, KY ............................................................................... 750,000

Marine Science Center Historic site, WA ............................................ 150,000

Mark Twain House (annex), Hartford, CT .......................................... 1,000,000

Mary O’Keefe Cultural Center for Arts and Education, MS .............. 300,000

Monitor Barns project, VT .................................................................... 200,000

Museo de las Americas, CO .................................................................. 110,000

New Bedford Whaling NHP (Corson Building), MA ........................... 150,000

Ochre Court, RI ..................................................................................... 300,000

Ohio Company of Associations papers, OH ......................................... 200,000

Old Dutch Church National Historic Site, NY .................................... 300,000

136

Osceola Courthouse, FL ........................................................................ 500,000

Point Retreat Lighthouse, AK .............................................................. 300,000

Pond Spring, AL .................................................................................... 363,000

Princess Theater, AL ............................................................................. 125,000

Rice Museum (Brown’s Ferry), SC ....................................................... 250,000

Rosa Parks Museum, AL ....................................................................... 405,000

Rowan Oak, MS ..................................................................................... 300,000

Shaker Village Museum, NY ................................................................ 750,000

Southside Sportsman Club, NY ............................................................ 400,000

Titan Missile Museum, AZ .................................................................... 200,000

Truman Memorial, MO ......................................................................... 250,000

Voting Rights Museum, GA .................................................................. 250,000

Vulcan statue, AL .................................................................................. 1,500,000

Wausau Grand Theater, WI .................................................................. 400,000

Wheeler Block Building, VT ................................................................. 175,000

Woodward Opera House, OH ................................................................ 900,000

Yokut Tribe Heritage Center, CA ......................................................... 275,000

York Farmers’ Market, PA .................................................................... 260,000

Subtotal ........................................................................................ 20,000,000

Undistributed ......................................................................................... 15,000,000

Total ............................................................................................. 35,000,000

Additional project recommendations for funding shall be subject to formal approval of the House and Senate Committees on Appropriations prior to any distribution of funds. Within the undistributed funds provided, the managers have no objection to the

project identified in the budget request.

CONSTRUCTION

The conference agreement provides $242,174,000 for construc- tion instead of $141,004,000 as proposed by the House and

$204,450,000 as proposed by the Senate. The funds are to be distributed as follows:

[Dollars in thousands]

Project Planning Construction

Antietam NB, MD (stabilize/restore battlefield structures) ................................................ .......................... 500

Apostle Islands NL, WI (erosion control) ............................................................................. .......................... 1,360

Apostle Islands NL, WI (rehab Outer Island lighthouse) .................................................... .......................... 600

Arches NP, UT (visitor center) ............................................................................................. 514 ..........................

Big Bend NP, TX (rehabilitate water system) ..................................................................... .......................... 770

Canaveral NS, FL (Seminole Rest) ...................................................................................... 300 300

Cape Cod NS, MA (rehabilitate visitor center) ................................................................... .......................... 2,753

Castillo San Marcos NM, FL (stabilize and restore fort) .................................................... .......................... 828

Chiricahua NM, AZ (replace water system) ........................................................................ .......................... 1,128

Colonial NHP, VA (erosion control) ...................................................................................... .......................... 3,064

Corinth NB, MS (construct visitor center) ........................................................................... .......................... 4,000

Cumberland Island NS, GA (St. Mary’s visitor center) ....................................................... 779 ..........................

Cuyahoga NRA, OH (stabilize riverbank) ............................................................................. .......................... 3,000

Dayton Aviation NHP, OH (east exhibits) ............................................................................ .......................... 1,300

Delaware Water Gap NRA, PA/NJ (Depew site) ................................................................... 114 ..........................

Down East Heritage Center, ME .......................................................................................... 350 ..........................

Dry Tortugas NP, FL (stabilize and restore fort) ................................................................. .......................... 500

Edison NHS, NJ (preserve historic buildings and museum collections) ............................. 129 1,175

Everglades NP, FL (modified water delivery system) .......................................................... .......................... 9,000

Fire Island NS, NY (rehabilitate and protect beach facilities, dunes, wetlands) .............. .......................... 1,933

Ft. Stanwix NM, NY (completes rehabilitation) ................................................................... .......................... 1,500

Ft. Washington Park, MD (repair masonry wall) ................................................................. 386 ..........................

Gateway NRA, NY/NJ (preservation of artifacts at Sandy Hook unit) ................................ 300 ..........................

George Washington Memorial Parkway, MD/VA (rehabilitate Glen Echo facilities) ............ .......................... 2,200

George Washington Memorial Parkway, MD/VA (Belle Haven) ............................................ 100 ..........................

George Washington Memorial Parkway, MD/VA (Mt. Vernon trail) ..................................... .......................... 300

Gettysburg NMP, PA (install fire suppression) ................................................................... .......................... 1,323

137

[Dollars in thousands]

Project Planning Construction

Glacier NP, MT (rehabilitate sewage treatment system) .................................................... .......................... 4,544

Grand Portage NM, MN (heritage center) ........................................................................... 511 ..........................

Harpers Ferry NHP, WV (rehabilitate maintenance building) ............................................. 153 1,086

Hispanic Cultural Center, NM (construct cultural center) .................................................. .......................... 1,500

Hot Springs NP, AR (rehabilitation) .................................................................................... .......................... 3,000

Independence NHP, PA (rehabilitate Merchant’s Exchange building) ................................ .......................... 7,250

John H. Chafee Blackstone River Valley NHC, RI/MA ......................................................... .......................... 2,500

Kenai Fjords NP, AK (completes interagency visitor center design) .................................. 795 ..........................

Kendall Courthouse, IL (restoration) ................................................................................... .......................... 300

Keweenaw NHP, MI (restore historic Calumett, Hecla and Union building) ...................... 400 ..........................

Lake Champlain NHLs, VT (including Mt. Independence) .................................................. .......................... 650

Lincoln Library, IL ................................................................................................................ .......................... 10,000

Lincoln Home NHS, IL (restore historic structures) ............................................................ 290 ..........................

Longfellow NHS, MA (carriage barn) ................................................................................... .......................... 487

Maggie Walker NHS, VA (stabilize and restore historic structures) ................................... .......................... 1,867

Mammoth Cave NP, KY (resolve OSHA violations/resource deterioration) .......................... .......................... 3,650

Manzanar NHS, CA (establish interpretive center and headquarters) ............................... .......................... 5,124

Minute Man NHP, MA (restore Battle Road Trail historic structures) ................................ .......................... 818

Missouri Recreation River Research & Education Center, NE (Ponca State Park) ............ 193 2,350

Morristown NHP, NJ ............................................................................................................. 500 ..........................

Morris Thompson Visitor and Cultural Center, AK (planning) ............................................ 500 ..........................

Mt. Rainier NP, WA (exhibit planning and film) ................................................................. 150 ..........................

National Capital Parks—Central, DC (preserve Jefferson Memorial) ................................ .......................... 936

National Constitution Center, PA (Federal contribution) .................................................... .......................... 10,000

National Underground RR Freedom Center, OH .................................................................. .......................... 6,000

New Jersey Coastal Heritage Trail, NJ (exhibits, signage) ................................................. .......................... 338

New River Gorge NR, WV (repair retaining wall, visitor facilities, technical support) ...... 445 800

North Cascades NP, WA (stabilize and repair visitor center) ............................................ .......................... 2,370

Olympic NP, WA (removal of Elwha dam & related facilities; water protection facilities) .......................... 15,000

Palace of the Governors, NM (build museum) .................................................................... .......................... 10,000

Palo Alto Battlefield NHS, TX (completes visitor center) .................................................... 203 1,614

Petersburg NB, VA (preserve historic earthen forts) .......................................................... .......................... 666

Redwood NP, CA (remove failing roads) ............................................................................. .......................... 713

Salem Maritime NHP, MA (rehabilitate historic Polish Club) ............................................. .......................... 1,002

Santa Monica Mountains NRA, CA (rehabilitate unsafe facilities) .................................... .......................... 1,345

Sequoia NP, CA (remove facilities and restore Giant Forest) ............................................ .......................... 8,381

Shiloh NMP, TN (erosion control) ........................................................................................ .......................... 1,000

Southwest Pennsylvania Heritage, PA (rehabilitation) ........................................................ .......................... 3,000

St. Croix NSR, WI (planning for VC/headquarters; rehabilitate river launch site) ............ 240 330

St. Gaudens NHS, NH (collections building, fire suppression) ........................................... 20 445

Statue of Liberty and Ellis Island, NY/NJ (ferry terminal utilities) .................................... 340 2,000

Tuskegee Airmen NHS, AL (stabilization planning) ............................................................ 500 ..........................

U.S. Grant Boyhood Home, OH (rehabilitation) ................................................................... .......................... 365

Vancouver NHR, WA (exhibits, rehabilitation) ..................................................................... .......................... 2,000

Vicksburg NMP, MS (various) .............................................................................................. 739 550

Washita Battlefield NHS, OK (visitor center planning) ....................................................... 788 ..........................

Wheeling Heritage Area, WV ................................................................................................ .......................... 4,000

Wilson’s Creek NB, MO (complete library) .......................................................................... .......................... 38

Wright Brothers NM, NC (planning for visitor center restoration) ..................................... 200 ..........................

Yellowstone NP, WY (replace water and wastewater treatment facilities) ........................ .......................... 5,077

Subtotal ...................................................................................................................... 9,939 160,630

Line-item projects (from above) .......................................................................................... .......................... 160,630

Emergency or Unscheduled Projects ................................................................................... .......................... 3,500

Housing replacement ........................................................................................................... .......................... 5,000

Dam safety .......................................................................................................................... .......................... 1,440

Equipment replacement ....................................................................................................... .......................... 18,000

Construction planning (PB 10,840 plus amounts from above for add-ons) ..................... .......................... 20,779

Pre-design and supplementary services ............................................................................. .......................... 4,500

Construction program management and operations .......................................................... .......................... 17,100

General management planning ........................................................................................... .......................... 11,225

Total, NPS Construction .............................................................................................. .......................... 242,174

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The managers have provided $1,500,000 to complete the Federal investment at Fort Stanwix NM in New York.

The managers expect the Service to provide the necessary

funds, within the amounts provided for Equipment Replacement, to

replace the landing craft at Cumberland Island NS and replace the

airplane at Glen Canyon National Recreation Area.

Within the amounts provided for special resource studies are funds to initiate a Lincoln Highway Study ($300,000), to initiate a

study to define the cultural significance and value to the Nation of

the Congaree Creek site in Lexington County, SC, as part of the

Congaree National Swamp Monument, and a study for a national

heritage area in the Upper Housatonic Valley in Northwest Connecticut. These three studies are subject to separate authorizations.

The managers support continuation of research activities initiated as part of the Women’s Rights (NHP) trail study and direct

the Service to continue this effort throughout fiscal year 2001. It

is the managers’ understanding that prior to any discussions about

implementation of the plan, this project must be authorized by the

appropriate House and Senate legislative committees.

The managers are aware that the Service is in the process of

drafting a new management plan for the Niobrara National Scenic

River. The managers firmly believe that this plan should embody

a strong and central role for a local management council as envisioned in the Niobrara Scenic River Designation Act of 1991, and

as recommended by the Niobrara Scenic River Advisory Commission established pursuant to the Act. The Council should be a full

partner with the National Park Service in managing the Niobrara

National Scenic River, and this relationship should be reflected in

the General Management Plan.

The managers are aware of a proposal by the National Park Service regarding the use of $2.6 million in unobligated funds remaining for the visitor transportation system at Grand Canyon National Park. Approximately $7.4 million was appropriated in recent

years for improvements to the existing visitor transportation system at Grand Canyon. The funds were provided to meet equipment

needs to expand the loop system available to South Rim visitors;

to retrofit buses to natural gas; to purchase both electric and natural gas buses; and to conduct planning associated with the proposed new visitor transit system from outside the park. The managers have no objections to the use of the balance of the funds to

purchase new bus trailer units as well as to install a permanent

natural gas fueling station.

The managers are aware of serious information technology requirements facing the Service, and urge the Service to prioritize

the necessary investments in order to foster improved management

of information and business practices across the Service. Towards

that end, the managers have no objection to the recommendation

of the National Leadership Council that the IT equipment replacement funds appropriated herein ($1,985,000) be used to address information infrastructure costs associated with the new network design. In addition, $2,700,000 of the $20,000,000 added by the managers in the ONPS account for maintenance should be used for this

purpose. Improvements to the NPS bandwidth capability should

improve the ability of parks, however remote, to use systems such

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as the Project Management Information System, ParkNet, the Operations Formulation System, the Interior Department Electronic

Acquisition System, and the Project Management Development

System.

As part of the Memorandum of Understanding (MOU) directed

in last year’s conference agreement, the managers urge the City of

Port Angeles and the Park Service to agree on the water supply facilities necessary to mitigate the impact of Elwha River dam removal. If the City and Park Service cannot agree on the type and

scope of new water supply facilities by March 1, 2001 (or within a

reasonable time prior to designing the facilities), the managers direct that the water supply facilities included in the MOU minimally meet the water quality standards mandated by, and be acceptable to, the Washington State Department of Health.

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The conference agreement rescinds the contract authority provided for fiscal year 2001 by 16 U.S.C. 460l–10a as proposed by

both the House and the Senate.

LAND ACQUISITION AND STATE ASSISTANCE

The conference agreement provides $110,540,000 for land ac- quisition and State assistance instead of $104,000,000 as proposed

by the House and $87,140,000 as proposed by the Senate. Funds

should be distributed as follows:

Area (State) Amount

Apostle Islands NL (WI) ........................................................................ $200,000

Appalachian NST (Ovoka Farm) (VA) ................................................. 1,200,000

Black Canyon of the Gunnison NP/Curecanti NRA (CO) ................... 1,300,000

Brandywine Battlefield (PA) ................................................................. 1,000,000

Cape Cod NS (MA) ................................................................................ 500,000

Chickamauga/Chattanooga NMP (TN) ................................................ 1,200,000

Cumberland Gap NHP-Tunnel (TN) .................................................... 40,000

Cuyahoga Valley NRA (OH) ................................................................. 1,500,000

Delaware Water Gap NRA (PA) ........................................................... 1,000,000

Ebey’s Landing NHR (WA) ................................................................... 3,250,000

Everglades—Grant to the State of Florida .......................................... 12,000,000

Fredericksburg/Spotsylvania NMP (VA) .............................................. 2,500,000

Gettysburg NMP (PA) ........................................................................... 2,000,000

Gulf Islands NS (Cat Island) (MS) ....................................................... 2,000,000

Harpers Ferry NHP (WV) ..................................................................... 2,000,000

Homestead NHS (NE) ........................................................................... 400,000

Ice Age NST (Wilke Tract) (WI) ........................................................... 2,000,000

Indiana Dunes NL (IN) ......................................................................... 2,000,000

Mississippi National River RA (Lower Phalen Creek) (MN) ............. 1,300,000

Manassas NB (VA) ................................................................................ 1,000,000

Petroglyph NM (NM) ............................................................................. 2,700,000

Piscataway Park (MD) .......................................................................... 200,000

Saguaro NP (AZ) .................................................................................... 2,200,000

Santa Monica Mountains NRA (CA) .................................................... 2,000,000

Shenandoah NHA (VA) ......................................................................... 1,000,000

Sitka NHP (Sheldon Jackson College) (AK) ........................................ 1,300,000

Sleeping Bear Dunes NL (MI) .............................................................. 1,100,000

Stones River NB (TN) ............................................................................ 1,500,000

Vicksburg NMP (MS) ............................................................................ 150,000

Wrangell-St. Elias NP & Pres. (AK) .................................................... 1,500,000

Subtotal ........................................................................................ 52,040,000

Emergency & Hardship ......................................................................... 4,000,000

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Area (State) Amount

Inholdings & Exchanges ....................................................................... 2,500,000

Acquisition Management ....................................................................... 11,500,000

Stateside Grants .................................................................................... 39,000,000

Administrative Assistance to States .................................................... 1,500,000

Total ............................................................................................. 110,540,000

The managers have not included additional funds for acquisition at Big Cypress National Preserve, Florida due to a prior year

unobligated balance of $11,000,000. The managers understand that

these funds cannot be obligated in fiscal year 2001 due to a lack

of willing sellers. The conference agreement provides $1,300,000 for the Black

Canyon of the Gunnison National Park and for the Curecanti National Recreation Area, located in Colorado. The managers direct

the Service to use the funds to complete the acquisition project in

the Black Canyon of the Gunnison NP and to purchase the Fitti

parcel in the Curecanti NRA. The $1.2 million identified for the purchase of a portion of the

Ovoka Farm for inclusion within the Appalachian National Scenic

Trail shall not be expended until an agreement with the United

States is signed for the purchase of four tracts containing 75.14

acres within the current boundary of the Appalachian NST and

owned by Phillip S. Thomas. The price to be paid by the National

Park Service for these tracts and for the portion of Ovoka farm

shall not exceed the approved appraised value as established by the

National Park Service. The acquisition of these tracts and a portion

of Ovoka Farm shall be subject only to restrictions the Park Service finds acceptable. The $2 million identified for the purchase of Cat Island, MS,

is subject to authorization. The $1,000,000 included for the Shenandoah Valley Battlefields National Historic District is contingent upon the final approval by the Secretary of the Interior of the Commission plan and

the establishment of the management entity to manage and administer the district as authorized by Public Law 104–333. The funds

are to be used only for land acquisitions as authorized in Public

Law 104–333.

The $1,100,000 included for the Sleeping Bear Dunes National

Lakeshore are for the following parcels: #34–127 (160 acres), and

#34–169 (31 acres). Seven acres of parcel #34–169 as negotiated are

to remain with the current owner.

In fiscal year 2000, Congress provided $1,500,000 for land acquisition at the Hawaii Volcanoes National Park. The managers

are aware that the negotiations have stalled with the seller of the

Great Crack property, which was the Service’s intended purchase

with these funds. The managers are also aware of the Park’s long

standing interest in acquiring the Kahuku Ranch, which is contiguous to the Park and that the owners of the Kahuku Ranch have

offered the ranch for sale. The managers, therefore, direct that the

$1,500,000 provided in fiscal year 2000 be used toward the purchase of the Kahuku Ranch for an addition to Hawaii Volcanoes

National Park. The current authorizing language, however, puts a

restriction on lands added to ‘‘round out’’ the park. The restriction

only allows these additions to the Park through donation of land

141

or purchase with donated funds. As such, the above direction is

subject to the removal of this restriction from the authorizing language. The managers further direct the Service to conduct a full review and public scoping process with respect to adding Kahuku

Ranch to Hawaii Volcanoes National Park prior to expending any

of these funds for purchase of the Kahuku property.

The managers have provided $1.5 million for the intended purchase of patented mining claims in Wrangell-St. Elias National

Park by the National Park Service. The managers note that the Director of the National Park Service recently announced that an appraisal on certain patented claims will commence in October, 2000.

It is the express intent of the managers that the National Park

Service works with the holders of mining claims in Wrangell-St.

Elias National Park in order to reach a purchase price that is objectively fair and equitable, both to the citizens of the United

States and to the affected claim owners. To that end, and in order

to facilitate the acquisition process, the managers instruct the National Park Service to consult with claim owners to attempt to select property appraisers who will be mutually agreeable. Upon completion of any appraisal in anticipation of the acquisition of the

mining claims in Wrangell-St. Elias National Park, the National

Park Service is further instructed to negotiate with the claim owners in a good faith effort to arrive at a price for the purchase of

the claims that is acceptable to all parties.

Language is included in the bill which allows $50,000,000, in

unexpended Everglades land acquisition funds appropriated in fiscal years 1994 and 2000, to be used for the implementation of the

Modified Water Deliveries project, including implementation of the

Recommended Plan for the 8.5 square mile area component of the

project. The managers also agree to the Department’s proposal to

redirect $3,796,000 in unexpended land acquisition funds appropriated originally for the construction of the Modified Water Deliveries project, but later transferred for land acquisition projects pursuant to discretionary authority granted to the Secretary in Public

Law 103–219, for the Modified Water Deliveries Project. The Modified Water Deliveries Project provides a base upon which further

hydrologic improvements for the park will be made in the form of

the proper quantity, quality, timing, and distribution of water to

the park as anticipated under the Comprehensive Everglades Restoration Plan.

Language is also included in the bill, as proposed by the Senate which prohibits Stateside land and water funds from being

used to establish a reserve or contingency fund.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The conference agreement provides $862,046,000 for surveys,

investigations, and research instead of $816,676,000 as proposed by

the House and $848,396,000 as proposed by the Senate.

Changes to the House funding level for the national mapping

program include increases of $2,096,000 for uncontrollable costs,

$500,000 for the national atlas, and $3,400,000 for Landsat operVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00141 Fmt 6604 Sfmt 6601 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
142

ations, and a decrease of $100,000 for hyperspectral remote sensing.

Increases above the House for geologic hazards, resources and processes include $4,296,000 for uncontrollable costs, $1,000,000 for

earthquake hazards, $250,000 for the Hawaiian volcano program,

$1,525,000 for minerals at risk, $475,000 for Yukon Flats geology

surveys, $1,200,000 for the Nevada gold study, $500,000 for geologic mapping, and $300,000 for Lake Mead/Mojave research.

Changes to the House level for water resources include in- creases of $5,292,000 for uncontrollable costs, $1,370,000 for real

time hazards, $300,000 for the Lake Champlain toxic study,

$450,000 for Hawaiian water monitoring, $2,000,000 for the ground

water program, and $300,000 for the Southern Maryland aquifer

study, and a decrease of $500,000 from the Molokai well project.

Increases above the House for biological research include $3,177,000 for uncontrollable costs, $400,000 for the cooperative research units, $180,000 for a Yukon River chum salmon study,

$8,000,000 for science center funding, $500,000 for ballast water

research, $500,000 for sea otter research for the Fish and Wildlife

Service, $4,000,000 for the National Biological Information Infrastructure and $750,000 for the continuation of the Mark Twain National Forest mining study to be accomplished in cooperation with

the water resources division and the Forest Service.

The managers recognize the importance of the National Biological Information Infrastructure (NBII), which can provide valuable information to assist private and governmental entities in developing cost-effective responses to problems of environmental pollution, natural disasters, and many other issues. Therefore, the

managers have provided $4,000,000 to create NBII ‘‘nodes’’ to work

in conjunction with private and public partners to provide increased access to and organization of information to address these

and other challenges. These funds are to be used to create a nationwide network covering the following regions: Pacific Basin, Hawaii,

$350,000; Southwest, Texas, $1,000,000; Southern Appalachian,

Tennessee, $1,000,000; Pacific Northwest, Washington, $200,000;

Central Region, Ohio, $250,000; North American Avian Conservation, Maryland, $200,000; Network Standards and Technology, Colorado, $250,000; Fisheries Node, Virginia and Pennsylvania,

$400,000; California/Southwest Ecosystems Node, California,

$200,000; Greater Yellowstone Ecosystem Node, Montana,

$150,000.

Increases above the House for science support include

$1,791,000 for uncontrollable costs. Increases above the House for

facilities include $1,418,000 for uncontrollable costs.

The managers have provided $500,000 to the Western Fisheries Research Center to conduct a pilot project on the pre- and

post-treatment of ballast water for biological activity. The center

should develop a protocol for the sampling/monitoring of discharge

of exchanged ballast water; develop an attainable standard for

treated ballast water that can be effectively monitored; evaluate

the treatment effectiveness; and develop and publish a report of the

project results.

The managers have included an additional $500,000 for the

continued development of the National Geologic Map Data Base as

143

authorized by the National Geologic Mapping Act. With the development of the prototype data base, the managers expect the Survey

to work with State geological surveys in converting maps to digital

format.

The managers direct that within available funds, the Leetown

Science Center should begin to conduct drug efficiency research. In

addition, of the $920,000 earmarked in Senate report 106–312 for

the Leetown Science Center, $300,000 is for engineering and design

and $620,000 is for the repair and rehabilitation of heating, ventilation, and air conditioning and other activities outlined in the

budget request.

Within the funds provided for the Biological Research Division,

the managers have earmarked $3,400,000 for mission-critical

science support for the Fish and Wildlife Service (FWS). The managers reiterate that these funds are for research needs solely identified by FWS and, as such, are provided to establish a parallel program similar to the Natural Resources Preservation program in the

National Park Service.

The managers support the expansion of the Gateway to the

Earth program to other organizations across the country as provided in House report 106–646. Further, the managers encourage

the Ohio View consortium to provide leadership and expertise to

the new program participants.

The managers have maintained funding for light distancing

and ranging (LIDAR) technology to assist with recovery of Chinook

Salmon and Summer Chum Salmon under the Endangered Species

Act. These funds should be used in Mason County, WA, to contract

for the continued mapping of drainage systems and stream systems, and to identify potentially unstable slopes.

The managers commend the progress the Survey has made to

date in increasing the use of private sector services in the conduct

of its work, as well as developing ongoing dialogue with the private

sector. The managers continue to encourage that, where appropriate, the Survey makes use of private sector services in all areas

including scientific research, technical support, and administrative

activities, to achieve an appropriate balance to best meet the mission of the Survey.

The managers endorse the concept that the Department of the

Interior, as primary steward of the Nation’s public lands, is the appropriate agency to manage the Landsat program in partnership

with the National Aeronautics and Space Administration. As such

the managers have provided an additional $3,400,000 for Landsat

7 operations.

With respect to USGS at-cost pricing of Landsat 7 products, as

called for by the Land Remote Sensing Policy Act of 1992, the managers realize that this creates a perception of competition with private sector operators of remote-sensing satellites. Therefore, the

managers are pleased to learn that the Survey has taken steps at

the highest levels to improve communication with the private sector and to work toward mutually beneficial partnerships wherever

feasible. The managers urge the Survey to increase and sustain

such efforts.

144

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

The conference agreement provides $133,410,000 for royalty

and offshore minerals management instead of $127,200,000 as proposed by the House and $134,010,000 as proposed by the Senate.

The total amount available for this account is $240,820,000, which

includes $107,410,000 in offsetting receipts, which offset partially

the 2001 funding requirements for the royalty and offshore minerals management program.

Changes to the House include an increase of $6,620,000 for uncontrollable costs. In addition, the managers have agreed to an increase in offsetting receipts of $410,000 as proposed by the Senate.

The managers have modified language proposed by the House

for the continuation of the royalty-in-kind pilot programs. The

modification allows the Service to pay transportation not only to

wholesale market centers but also to upstream pooling points.

The managers have again provided $1,400,000 to the Offshore

Technology Research Center (OTRC) for research in support of the

Bureau’s offshore minerals program. The managers expect the full

amount to be spent on the OTRC in College Station, TX. The managers note that this research effort is to be a cooperative one in

which OTRC and MMS work together to develop projects that meet

the Bureau’s critical research needs, and the new technical, safety,

and environmental challenges the nation faces as offshore drilling

moves into deeper water. As such, OTRC is expected to work closely with MMS to develop an appropriate list of projects that meet

the Bureau’s critical research needs.

Within the funds provided for royalty and offshore minerals

management, the managers have included $600,000 for the Center

for Marine Resources and Environmental Technology.

OIL SPILL RESEARCH

The conference agreement provides $6,118,000 for oil spill research as proposed by both the House and the Senate.

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

The conference agreement provides $100,801,000 for regulation

and technology as proposed by the Senate instead of $97,478,000

as proposed by the House. Funding for the activities should follow

the Senate recommendation. An additional $275,000 is estimated to

be available for use from performance bond forfeitures.

ABANDONED MINE RECLAMATION FUND

The conference agreement provides $202,438,000 for the abandoned mine reclamation fund instead of $197,873,000 as proposed

by the House and $201,438,000 as proposed by the Senate. Funding

for technology development, financial management and executive

direction should follow the Senate recommended levels. The managers have also included the Senate recommended funding level for

the Appalachian Clean Streams Initiative which increases the cap

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to $10,000,000. The managers have also included the Senate proposed bill language for minimum program States and bill language

included in previous years dealing with certain aspects of the State

of Maryland program. The conference agreement does not provide

the Senate recommended funding in this appropriation for a reforestation demonstration in Kentucky although funding for this activity is included in the Forest Service, State and Private forestry

appropriation. The managers have also provided separate funding

for the House recommended program on priority abandoned mine

reclamation and acid mine remediation in the anthracite region of

Pennsylvania in the Title I general provisions.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

The conference agreement provides $1,741,212,000 for the op- eration of Indian programs instead of $1,657,446,000 as proposed

by the House and $1,704,620,000 as proposed by the Senate.

Increases above the House for tribal priority allocations include $11,175,000 for uncontrollable costs, $5,000,000 for the Indian self

determination fund, $11,000,000 for the housing improvement program $1,600,000 for general trust revenues, $2,571,000 for real estate services, and $1,089,000 for real estate appraisals.

Increases above the House for other recurring programs in- clude $10,910,000 for uncontrollable costs, $3,575,000 for the FACE

program, $2,925,000 for the model, therapeutic residential

$1,000,000 for administrative cost grants, $500,000 for Alaska subsistence, $176,000 for the Reindeer Herders Association, and

$1,891,000 for the tribally controlled community colleges.

Increases above the House for non recurring programs include $555,000 for uncontrollable costs, $2,300,000 for real estates services, $1,000,000 for a distance learning, telemedicine, fiber optic

pilot program in Montana, $146,000 for Alaska legal services,

$200,000 for forest inventory for the Uintah and Ouray tribes, and

$300,000 for a tribal guiding program in Alaska.

Increases above the House for central office operations include

$727,000 for uncontrollable costs and $500,000 for trust services.

Increases above the House for regional office operations include

$899,000 for uncontrollable costs $1,400,000 for general trust services, $2,500,000 for real estate services, $1,040,000 for land title

records, $1,000,000 for land record improvements, and $500,000 for

general trust services.

Increases above the House for special programs and pooled

overhead include $7,637,000 for uncontrollable costs, $9,000,000 for

the law enforcement initiative, and $650,000 for the Crownpoint

Institute.

The managers continue to support the Tribally Controlled

Community Colleges (TCCC) and the technical schools of United

Tribes Technical College (UTTC) and the Crownpoint Institute of

Technology (CIT). To understand better how the House and Senate

Committees on Appropriations can further assist the TCCCs and

technical schools, the managers direct the TCCCs, UTTC, and CIT

to provide a report that describes the programs and services of

each institution. The report will also include all sources of funding

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that support each institution’s operations and facilities, and the

amount of funding by source for the school’s most recent fiscal

year, the past fiscal year, and any proposed program expansion or

changes in operations for the budget year. This report should be

submitted to the Bureau of Indian Affairs by December 31st each

year. The Bureau is directed to provide a consolidated summary of

the reports in conjunction with its annual budget submission to the

Congress.

The managers have provided $1,000,000 for the distance learning project on the Crow, Fort Peck, and Northern Cheyenne reservations. These funds are for a fiber optic system to benefit these

communities in a broad array of areas from health care to education and will eventually provide many new opportunities for reservation residents. The Rocky Mountain Technology Foundation

will oversee the expenditure of these funds and is expected to provide a cost share to the project using in-kind or monetary donations

from private and public sources. The Foundation is directed to provide an annual report to the House and Senate Committees on Appropriations through the Bureau of Indian Affairs. The report will

describe the complete proposal for this Distance Learning Project,

its relationship to other similar projects, and what has been accomplished to date with these funds.

The managers have been informed that severe seepage may

occur when the Shoshone and Arapaho tribes complete the first fill

protocols on the reservation’s newly renovated Washaki Dam next

spring. The managers direct the Bureau to assess the condition of

the dam by February 1, 2001, and determine whether funds are

needed to pro-actively address the situation. If it is determined

that funds are needed, the Bureau should submit a reprogramming

request if funds are available.

A number of concerns have been raised concerning whether

tribes have been complying with the Single Audit Act. To address

this potentially serious issue, the managers direct the Department

to report back to the House and Senate Committees on Appropriations detailing to what extent tribes in the lower 48 States, as well

as those tribes in Alaska, have been in compliance with the requirements of this Act. If it is found that the tribes are not conforming with these audit requirements, the Secretary shall provide

recommendations to the Committees that could be put in place to

ensure that tribes comply with the Single Audit Act.

The managers have restored funding for the housing improvement program as proposed by the Senate. The managers direct the

Bureau to maintain the current distribution of funds between repair and rehabilitation and construction of new housing stock.

CONSTRUCTION

The conference agreement provides $357,404,000 for construction instead of $184,404,000 as proposed by the House and

$341,004,000 as proposed by the Senate.

Increases above the House for education construction include

$395,000 for uncontrollable costs, $79,690,000 for replacement

school construction, $7,000,000 for a new tribal school construction

demonstration program as discussed below, $5,000,000 for advance

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planning and design, $593,000 for employee housing, and

$80,109,000 for facilities improvement and repair.

Changes to the House for public safety and justice include an

increase of $4,000 for uncontrollable costs.

Changes to the House for resources management include an increase of $72,000 for uncontrollable costs.

Changes to the House for general administration include an increase of $137,000 for uncontrollable costs.

The Administration’s request for replacement school construction assumed full funding for all school replacement construction

projects in the budget year based on guidance from the Office of

Management and Budget. The managers note that the Lummi

Tribal school was short funded by $8,400,000 in the President’s

budget. The managers have corrected this error. The conference

agreement provides full funding for the next six schools on the BIA

priority list.

As mentioned above, the managers provide an additional

$7,000,000 to establish a new tribal school construction demonstration program. This new program will allow tribes to cost share 50

percent of the cost for replacement schools. Under this new demonstration program the Secretary is directed to give priority consideration to those tribes that are on the BIA priority list for construction of a replacement school.

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

The conference agreement provides $37,526,000 for Indian land

and water claim settlements and miscellaneous payments to Indians instead of $34,026,000 as proposed by the House and

$35,276,000 as proposed by the Senate.

Increases above the House include $1,250,000 for Aleutian

Pribilof church repairs, which completes this program as authorized, $50,000 for Walker River (Weber Dam), $200,000 for Pyramid

Lake and $2,000,000 for the Great Lakes Fishing Settlement.

The managers understand that an agreement has finally been

reached between the tribes, the State of Michigan and the Federal

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

Pursuant to the consent agreement entered by the Court in this

case, the managers provide $2,000,000 as part of the Federal government’s obligation. The managers direct the Bureau to include

the Great Lakes Fisheries settlement agreement in its fiscal year

2002 budget request. The managers intend to address the remaining Federal government obligations under the consent agreement

in the fiscal year 2002 appropriation.

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

The conference agreement provides $4,988,000 for the Indian

guaranteed loan program account as proposed by the Senate instead of $4,985,000 as proposed by the House.

ADMINISTRATIVE PROVISIONS

The managers have agreed to a technical change in language

relating to charter schools as proposed by the Senate.

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DEPARTMENTAL OFFICES

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

The conference agreement provides $75,471,000 for assistance to territories, instead of $69,471,000 proposed by the House and

$68,471,000 as proposed by the Senate. The managers have agreed

to follow the funding levels proposed by the House for the activities

except additional funds which have been provided for compact

input in the technical assistance activity. The managers have also

included bill language recommended by the House directing a

$300,000 payment to the Virgin Islands for disaster assistance

loans and $700,000 for the Prior Service Benefits Fund. The managers direct that funding for the Close-Up Foundation activities

should be maintained at least at the fiscal year 1999 level. The

managers have added compact impact assistance funding of

$5,000,000 for Guam and $1,000,000 for the Commonwealth of the

Northern Marian Islands.

In fiscal year 1999, language was included in the conference

agreement concerning the withholding of American Samoa construction funds in the amount of $2,000,000. These funds were to

be withheld until issues associated with unpaid island medical bills

were resolved. The managers understand that the American Samoa

government has taken significant steps to address this problem

and, therefore, direct the Department to release these funds.

COMPACT OF FREE ASSOCIATION

The conference agreement provides $20,745,000 for the Compact of Free Association as proposed by the House instead of

$20,545,000 as proposed by the Senate.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The conference agreement provides $64,319,000 for salaries

and expenses for departmental management, instead of

$62,406,000 as proposed by the House and $64,019,000 as proposed

by the Senate. Funds should be distributed as follows:

Departmental direction ......................................................................... $12,241,000

Management and coordination ............................................................. 23,798,000

Hearings and appeals ............................................................................ 8,288,000

Central services ..................................................................................... 19,104,000

Bureau of Mines workers compensation/unemployment .................... 888,000

Total ................................................................................................. 64,319,000

Language is included in the bill directing that funds be provided to Alaska Pacific University for development of an ANILCA

training curriculum as described in section 347 of the Senate bill.

Within the total for Departmental direction, $300,000 is included

to implement this provision.

One of the highest priorities of the Department and the managers has been reducing the backlog of maintenance needs in the

Department. Congress and the Department have worked together

to institute an aggressive Safe Visits to Public Lands Initiative and

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thereby improve management and accountability for the Department’s infrastructure, and focus maintenance and construction

funding on the highest priority health and safety and resource protection needs.

The managers are pleased that the National Park Service has

made progress in developing a comprehensive maintenance management system that will provide consistent and reliable maintenance information tools for local staff to carry out day-to-day maintenance of public assets efficiently as well as to provide information

to managers and Congress. To that end, the managers have provided the requested funds to continue this initiative.

In addition, the Secretary is directed to work with the Bureau

of Land Management, the U.S. Geological Survey, and the Fish and

Wildlife Service to evaluate the adoption and implementation of the

core system used by NPS. The Managers believe that it is critical

that the Department coordinate the development and use of consistent facilities management and condition assessment systems

Department-wide.

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

The conference agreement provides $40,196,000 for salaries

and expenses of the Office of the Solicitor as proposed by the House

instead of $39,206,000 as proposed by the Senate. Funds should be

distributed as follows:

Legal services ......................................................................................... $33,630,000

General administration ......................................................................... 6,566,000

Total ................................................................................................. 40,196,000

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The conference agreement provides $27,846,000 for salaries

and expenses of the Office of Inspector General as proposed by the

Senate instead of $26,086,000 as proposed by the House. Funds

should be distributed as follows:

Audit ....................................................................................................... $15,809,000

Investigations ......................................................................................... 5,566,000

Administration ....................................................................................... 6,471,000

Total ................................................................................................. 27,846,000

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

The conference agreement provides $82,628,000 for Federal

trust programs as proposed by the Senate instead of $82,428,000

as proposed by the House.

The managers have provided $27,600,000 in emergency appropriations (in title V) to address trust fund reform issues that could

not be anticipated prior to the submission of the fiscal year 2001

budget request. These funds will: support work to address the

breaches of trust identified in the recent District Court decision;

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allow the government to begin preparation for the second trial relating to an accounting for Individual Indian Money Accounts

(IIM); and address critical trust fund reform shortfalls.

The Department of the Interior has announced its intention to

explore the use of sampling as the best, most cost effective approach to provide an accounting for IIM beneficiaries. While the Indian Trust Fund Reform Act contemplated that such an accounting

would sometime occur, the managers have been concerned for years

about the potential cost and effectiveness of any approach that

might be used. After investing $20 million over five years in a tribal account reconciliation process, there has been no resolution of

issues surrounding tribal accounts. The cost of a similar accounting

for the approximately three hundred thousand IIM account holders

could conceivably cost hundreds of millions of dollars.

Therefore while approving the request to begin an IIM sampling approach, the managers direct the Department to develop a

detailed plan for the sampling methodology it adopts, its costs and

benefits, and the degree of confidence that can be placed on the

likely results. This plan must be provided to the House and Senate

Committees on Appropriations prior to commencing a full sampling

project. Finally, the determination of the use of funds for sampling

or any other approach for reconciling a historical IIM accounting

must be done within the limits of funds made available by the Congress for such purposes.

Ultimately, the managers believe that resolution of the long

standing issues of the performance of the Department of the Interior’s management of Indian trusts is best worked out through a

negotiation and settlement process, and not by spending millions of

dollars for accountants to reconcile relatively small sums of funds

over decades. If the sampling approach provides a reasonable basis

for settlement of these claims or can provide a basis for a greater

level of confidence on the part of beneficiaries about the past, this

investment will be useful. Given the tremendous needs in Indian

country for public services from education to health care, the managers will be extremely judicious in allocating funds for an historical accounting or sampling study.

INDIAN LAND CONSOLIDATION

The conference agreement provides $9,000,000 for Indian land

consolidation programs instead of $5,000,000 as proposed by the

House and $10,000,000 as proposed by the Senate.

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

The conference agreement provides $5,403,000 for the natural

resource damage assessment fund as proposed by the Senate instead of $5,374,000 as proposed by the House.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

The conference agreement includes sections 101 through 112

and section 117 which were identical in both the House and the

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Senate bills. These sections continue provisions carried in past

years.

Section 113 retains the text of section 113 as proposed by the

House which makes permanent a provision permitting the retention of rebates from credit card services for deposit to the Department Working Capital Fund. Section 113 proposed by the Senate

continued the provision carried last year providing the exemption

for one year.

Section 114 modifies the text of section 114 as proposed by

both the House and the Senate to make a technical correction for

funds transfer authority.

Section 115 retains the text of section 115 as proposed by the

House which makes permanent a provision permitting the retention of proceeds from agreements and leases at Fort Baker, Golden

Gate National Recreation Area. Section 115 proposed by the Senate

continued the provision carried last year providing the exemption

for one year.

Section 116 retains the language included in last year’s Interior Appropriations Act regarding grazing permit extensions as proposed by the Senate. The House had identical language with the

exception of the use of the word ‘‘may’’ in the House bill versus

‘‘shall’’ in the Senate bill.

Section 118 retains the text of section 118 as proposed by the

House which permits the redistribution of Tribal Priority Allocation

and tribal base funds to alleviate funding inequities. The Senate

had no similar provision.

Section 119 retains the text of section 119 as proposed by the

House which requires a written certification of consistency from the

Corps of Engineers prior to establishment of a Kankakee National

Wildlife Refuge in Indiana and Illinois. This language is identical

to that included in last year’s Interior Appropriations Act. The Senate language on this issue required submission of a plan consistent

with an April 16, 1999 partnership agreement between the Service

and the Corps prior to refuge establishment.

Section 120 retains the text of section 120 as proposed by the

House which renames the Great Marsh Trail at the Mason Neck

National Wildlife Refuge in Virginia the ‘‘Joseph V. Gartlan, Jr.

Great Marsh Trail.’’ The Senate had no similar provision.

Section 121 retains the text of section 121 as proposed by the

House and section 124 as proposed by the Senate which continues

a provision carried last year requiring the allocation of Bureau of

Indian Affairs postsecondary schools funds consistent with unmet

needs.

Section 122 modifies the text of section 118 as proposed by the

Senate which prohibits distribution of Tribal Priority Allocation

(TPA) funds to tribes in the State of Alaska with memberships of

less than 25 individuals living in the village and provides for the

redistribution of funds that would have been provided to such

tribes. The modification adds the requirement that at least 25

members reside in the service area of any tribe which remains eligible to receive TPA funding directly.

Section 123 retains the text of section 120 as proposed by the

Senate which continues a provision carried last year protecting

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lands at Huron Cemetery in Kansas for religious and cultural uses

and as a burial ground. The House had no similar provision.

Section 124 retains the text of section 121 as proposed by the

Senate which continues a provision carried last year prohibiting

the use of funds to transfer land into trust status for the

Shoalwater Bay Indian Tribe in Clark County, Washington, until

the tribe and the county reach agreement on development issues.

The House had no similar provision.

Section 125 retains the text of section 122 as proposed by the

Senate, which continues a provision from last year’s Interior Appropriations Act with regard to two provisions in Secretarial Order

3206 regarding Indian tribes and the Endangered Species Act. The

House had no similar provision.

Section 126 retains the text of section 123 as proposed by the

Senate which continues a provision carried last year prohibiting

studies or implementation of a plan to drain Lake Powell in Arizona and Utah. The House had no similar provision.

Section 127 retains the text of section 126 as proposed by the

Senate which permits the Secretary of the Interior to retain and

use land and other forms of reimbursement associated with the

previously authorized conveyance of the Twin Cities Research Center for the benefit of the National Wildlife Refuge System in Minnesota. The House had no similar provision. This is a repetition of

language included in last year’s Interior Appropriations Act.

Section 128 retains the text of section 127 as proposed by the

Senate which protects historic rights associated with pre-ANILCA

entry permits. The House had no similar provision.

Section 129 retains the text of section 128 as proposed by the

Senate which designates Anchorage, Alaska, as a port of entry for

purposes of the Endangered Species Act. The House had no similar

provision. Funding for operation of this port of entry is included

under the Fish and Wildlife Service resource management account.

Section 130 retains the text of section 129 as proposed by the

Senate which adjusts the boundaries of Sitka National Historic

Park in Alaska. The House had no similar provision.

Section 131 makes technical changes to language proposed by

the Senate in section 130 regarding the treatment of proceeds from

certain lease sales in the National Petroleum Reserve-Alaska. The

House had no similar provision.

Section 132 retains the text of section 131 as proposed by the

Senate which conveys land in Alaska to Harvey R. Redmond. The

House had no similar provision.

Section 133 modifies the text of section 132 as proposed by the

Senate, which clarifies the terms and conditions of a land conveyance to Nye County, Nevada, which was authorized in the FY 2000

Interior and Related Agencies Appropriations Act. This section allows the County, notwithstanding any provision of the Recreation

and Public Purposes Act, to lease the land to a non-profit organization, so that the organization could then construct, own, and operate the Nevada Science and Technology Center. The County would

retain title to the conveyed lands and the organization would own

the facilities, but could only build facilities for public, non-commercial purposes. In effect, the lands would still be used for a public

function, consistent with the purposes of the Recreation and Public

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Purposes Act, but the County would be contracting this function

out to the non-profit organization.

Section 134 modifies the text of section 133 as proposed by the

Senate which requires a land exchange regarding the Mississippi

River Wildlife and Fish Refuge. The House had no similar provision. The modification extends the time period by 60 days and

specifies that the area in question is a 150 foot wide strip.

Section 135 retains the text of section 134 as proposed by the

Senate which expresses the sense of the Senate regarding repayment of Indian judgment claims. The House had no similar provision.

Section 136 provides authority for the Fish and Wildlife Service to charge fees including, as appropriate, fees to foreign countries for forensics services provided by the National Fish and Wildlife Forensics Laboratory in Oregon. These fees are to be retained

for operational expenses of the lab.

Section 137 adjusts the boundaries of the Argus Wilderness

Area in California.

Section 138 authorizes a land exchange in Washington between the Fish and Wildlife Service and the Othello Housing Authority.

Section 139 continues a provision carried last year providing

contract authority regarding transportation at Zion National Park

in Utah.

Section 140 authorizes the National Park Service to enter into

a cooperative agreement with 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.

Section 141 names the visitor’s center and administrative

building at the Chincoteague National Wildlife Refuge in Virginia

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

Section 142 allows the Bureau of Land Management to retain

revenues derived from the sale of surplus seedlings.

Section 143 makes a technical change to P.L. 105–83 to allow

the completion of construction of the Cibecue Community School in

Arizona.

Section 144 clarifies title conveyances of land transfers related

to abandoned railroad rights-of-way in Valley City, ND.

Section 145 authorizes the establishment of the First Ladies

National Historic Site in Canton, Ohio, to provide unique opportunities for education and study into the impact of first ladies on our

nation’s history.

Section 146 authorizes the establishment of an interpretive

center in Springfield, Illinois, to preserve and make available to the

public materials related to the life of President Abraham Lincoln.

Section 147 authorizes the Palace of the Governors in New

Mexico.

Section 148 authorizes the Southwestern Pennsylvania Heritage Preservation Commission, which provides the region with the

ability to tell its nationally significant stories to a broad audience.

Section 149 renames the Cuyahoga Valley National Recreation

Area in Ohio the Cuyahoga Valley National Park.

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Section 150 authorizes the establishment of the National Underground Railroad Freedom Center in Cincinnati, Ohio, that will

house an interpretive center, museum, educational and research facilities all dedicated to communicating the importance of the quest

for human freedom which provided the foundation of the Underground Railroad.

Section 151 provides for priority abandoned mine reclamation

and acid mine remediation activities. Funding of $12,000,000 is

provided to the Commonwealth of Pennsylvania for its large backlog in the anthracite region. Projects should use the standard costsharing mechanisms of the Surface Mining Control and Reclamation Act of 1977, as amended. These funds are derived from the

portion of AML fees allocated to the RAMP program and will not

affect other normal State allocations for abandoned mine reclamation. The provision also provides $600,000 to continue a priority

demonstration project in Pennsylvania to determine the efficacy of

improving water quality by removing metals from waters polluted

by acid mine drainage.

Section 152 provides for the use of previously appropriated

funds for the Nisqually Indian Tribe to acquire land for the

Nisqually NWR, WA, and to manage those lands for refuge purposes.

Section 153 establishes a cost-shared tribal school construction

program. This item is discussed in more detail under the Bureau

of Indian Affairs construction account.

Section 154 permits the sale of improvements and equipment

at the White River Oil Shale Mine in Utah, and the retention and

use of those funds by the Bureau of Land Management and the

General Services Administration.

Section 155 names the Blue Ridge Parkway headquarters

building the ‘‘Gary E. Everhardt Headquarters Building’’.

Section 156 allows the Bureau of Land Management to promulgate new hardrock mining regulations that are not inconsistent

with the National Research Council Report entitled ‘‘Hardrock Mining on Federal Lands.’’ This provision reinstates a requirement

that was included in Public Law 106–113. In that Act, Congress

authorized changes to the hardrock mining regulations that are

‘‘not inconsistent with’’ the Report. The statutory requirement was

based on a consensus reached among Committee Members and the

Administration. On December 8, 1999, the Interior Solicitor wrote

an opinion concluding that this requirement applies only to a few

lines of the Report, and that it imposes no significant restrictions

on the Bureau’s rulemaking authority. The Committee does not

agree with the solicitor’s opinion, and does not intend the language

in this section to constitute any ratification of or agreement with

that opinion.

Section 157 authorizes the Wheeling National Heritage Area in

West Virginia.

The conference agreement does not include language proposed

by the House in section 122 regarding National Park Service construction in Florida and in section 123 regarding limitations in

Title III general provisions, and by the Senate in section 125 regarding Caspian Tern nesting at Rice Island. The managers howVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00154 Fmt 6604 Sfmt 6601 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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ever, note that they agree with the House and Senate report language regarding Caspian terns.

TITLE II—RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

The conference agreement provides $229,616,000 for forest and

rangeland research instead of $224,966,000 as proposed by the

House or $221,966,000 as proposed by the Senate. The managers

have agreed to the Senate proposal to direct $1,400,000 to the

Northeast ecosystem research cooperative program and $250,000 to

the University of Washington silviculture effort at the Olympic

Natural Resource Center. The managers have also agreed with

Senate direction concerning funding levels for the wood utilization

laboratory in Sitka, AK, and for operations of the Forest Research

Laboratories located in Princeton, Parsons, and Morgantown, WV,

and funds for the CROP study on the Colville National Forest, WA.

The managers have provided funding for the U.S. Geological Survey to study hydrological and biological impacts of lead and zinc

mining on the Mark Twain National Forest, MO, rather than the

Forest Service as was proposed by the Senate. The managers have

not agreed to the Senate proposals to reduce funding for fixed costs

or for a general program reduction. The managers have included

$3,000,000 in funding for small diameter tree and low-value resource research. The managers would support the Forest Service

looking for other additional funding for this latter effort. The managers have not agreed to the Senate proposal to increase funding

in this account for the Forest Inventory and Analysis program;

however the managers have agreed to the House proposal to provide $5,000,000 in new funding for this program within the State

and private forestry program. The managers expect that given the

additional money provided in the State and private forestry account on a matching basis the research program will attempt to adjust, to the extent practicable, its funding allocations to address the

needs of States which are unable to meet this matching requirement. The managers direct the Forest Service to provide total operational funding of $750,000 to the Rapid City, SD, lab; the funds

and the funding increase above the fiscal year 2000 level should

come out of the national allocation and should be used to hire a

range scientist to work on invasive plants and other range ecology

and management issues. The conference agreement does not include a special allocation recommended by the Senate for small diameter research at the Princeton, WV, lab nor are new funds provided for the Northern Forest Research Cooperative, although the

managers would support both of these efforts if additional funding

became available. The managers direct the Forest Service to provide $502,000 in appropriated funds for the Wind River canopy

crane, WA.

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STATE AND PRIVATE FORESTRY

The conference agreement provides $250,955,000 for State and

private forestry instead of $197,337,000 as proposed by the House

and $226,266,000 as proposed by the Senate. These funds include

$12,500,000 as contingent emergency funds for priority pest management on Federal, State and private lands. These funds were not

included in the House or Senate bills, nor in the Administration request. These funds should assist efforts to combat a variety of

pests, including southern pine beetle, gypsy moth, bark beetle,

Douglas-fir tussock moth, and several fungal pests.

The agreement provides non-emergency funding of $41,383,000

for Federal lands forest health management and $22,561,000 for

cooperative lands forest health management. The managers have

agreed to the House proposal on Asian long-horn beetle work in

urban areas and the Senate proposal for the Vermont forest cooperative. The managers direct the Forest Service to keep the insect

and disease maps up-to-date and publicly available, such as on the

agency web-site, and submit them to the House and Senate Committees on Appropriations annually.

The conference agreement includes $25,000,000 for State fire

assistance as recommended by the House. Additional priority emergency funds for State and volunteer assistance are included in title

IV. The managers have agreed to redirect the Senate proposal for

Kenai Peninsula Borough, AK, assistance to the emergency wildfire

management provisions included in title IV. The managers have

not included the Senate proposal for a special allocation for Kentucky though the additional funds provided in title IV may assist

these needs. The conference agreement includes $5,000,000 for volunteer fire assistance as recommended by both the House and the

Senate; this is more than double the administration request. The

managers do not agree to the Senate report language concerning

volunteer fire assistance allocations and fuel loads.

The conference agreement includes $32,854,000 for forest stewardship instead of $31,454,000 as proposed by the House and

$30,454,000 as proposed by the Senate. This funding includes the

House proposed funding for the New York City watershed and the

Senate proposed funding for Utah technical education and State of

Washington stewardship activities. The managers have also added

an additional $750,000 for an update of the cooperative study on

the New York-New Jersey highlands area.

The conference agreement includes $30,000,000 for the forest

legacy program as proposed by the Senate instead of $10,000,000

proposed by the House. The managers agree to the Senate proposal

of directing $1,400,000 to the Ossippee Mountain conservation,

easement NH, and also to direct no less than $2,000,000 to the

Great Mountain, CT, easement, and no less than $2,000,000 for the

West Branch, ME, project. The managers also acknowledge the importance of forest protection in South Carolina and encourage the

Forest Service to work with the appropriate State agencies to ensure continuation of these much needed protections. The conference agreement includes $31,721,000 for the urban and community forestry program instead of $31,521,000 proposed

by the House and $31,021,000 proposed by the Senate. The manVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00156 Fmt 6604 Sfmt 6601 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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agers agree to the House proposal for the NE Pennsylvania forestry

program and the Senate proposal for the Chicago, IL, wilderness

program. In addition, the managers agree to provide $500,000 for

cooperative activities in Forest Park in St. Louis, MO, and to a

general reduction below the House proposed level of $1,000,000.

The managers do not agree to the Senate direction concerning the

funding allocation process or State funding limits for the urban and

community forestry program. The managers have modified bill language proposed by the House concerning the urban resources partnership. The conference agreement maintains a one-year moratorium on funding this program, but the managers encourage funding of inner-city activities through the normal urban and forestry

competitive grants program. The managers await communication

from the Inspector General’s office regarding any progress in this

area and hope that the Forest Service can rectify the many concerns published by the Inspector General.

The conference agreement includes the following distribution of

funds for the economic action programs:

Economic Action Programs Conference

Project:

Economic recovery base program .................................................. $3,642,000

Rural development base program ................................................. 2,192,000

NE & Midwest allocation ............................................................... 2,500,000

Forest Prod. Cons. & Recycling ..................................................... 1,080,000

Wood in transportation .................................................................. 922,000

Special Projects:

4 Corners forestry ........................................................................... 1,000,000

Graham County, NC econ. Plan .................................................... 10,000

Hawaii training .............................................................................. 200,000

NY City watershed rural development ......................................... 300,000

NY City watershed enhancement .................................................. 500,000

Brevard College, NC Cradle of Forestry ....................................... 300,000

Mosier beach, Col. Riv Gorge NSA ............................................... 500,000

Lake Tahoe erosion grants (CA, NV) ............................................ 2,000,000

Univ. of WA landscape ecology ...................................................... 300,000

Travelers’ Rest-Lewis & Clark Trail, MT ..................................... 500,000

Grand Canyon Forests Foundation, AZ ........................................ 0

Wind River-Skamania County, WA .............................................. 200,000

Ketchikan Wood Tech Center et al, AK ........................................ 750,000

Envi Sci-Public Policy Research Inst, ID ...................................... 0

Michigan St. Univ. Victor Center .................................................. 150,000

Kiln facilities, AK ........................................................................... 2,000,000

Sealaska Corp ethanol biomass, AK ............................................. 2,000,000

Wood educ. & resource center (WV) .............................................. 2,500,000

Little Applegate river, OR ............................................................. 500,000

State of KY reforestation on mine lands ...................................... 1,000,000

NC recreational lake economic study ............................................ 40,000

United Fisherman of AK ed prog .................................................. 250,000

Kake land exchange, AK ................................................................ 5,000,000

Total ............................................................................................. 30,336,000

The conference agreement provides $250,000 in a direct lump

sum payment for the United Fisherman of Alaska to implement an

educational program to deal with subsistence management and

other fisheries issues; these funds may not be used for any lobbying

activities affecting Federal or State regulations or legislation.

While the managers have fully funded the base operating budget

for the Wood Education and Resource Center, the managers encourage the Center’s efforts to generate income and hope that such

income can be used to offset operating expenses in the near future.

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The managers have also included $5,000,000 to assist a land transfer for Kake, AK; these funds are contingent upon an authorization

bill being enacted. The conference agreement also includes

$2,000,000 to cost-share kiln-drying facilities in southeast and

south-central Alaska. The managers expect that the funds provided

for reforestation on abandoned mine lands in Kentucky are to be

matched with funds provided in this bill to the Department of Energy for carbon sequestration research, as well as other non-federal

funds.

The conference agreement includes $9,600,000 for Pacific Northwest Assistance instead of $6,822,000 proposed by the House

and $9,880,000 proposed by the Senate. This funding includes Senate-proposed allocations of $900,000 for the University of Washington and Washington State University extension forestry effort

and $1,878,000 for Columbia River Gorge economic development in

the States of Washington and Oregon. The agreement does not include funding proposed by the Senate concerning payments for

counties in the Columbia River Gorge because the managers understand that there are significant unobligated balances available for

this purpose which are more than enough to meet the needs for

this fiscal year. The managers expect to be informed if additional

funds are necessary. The conference agreement includes $5,000,000 for forest resource information and analysis as proposed by the House; the Senate had no similar provision. This funding should aid the forest inventory and analysis program as directed by the House by enhancing cooperation with the States. The conference agreement also includes $5,000,000 for the International program as proposed by the

Senate instead of $4,500,000 proposed by the House.

NATIONAL FOREST SYSTEM

The conference agreement provides $1,280,693,000 for the National forest system instead of $1,207,545,000 as proposed by the

House and $1,232,814,000 as proposed by the Senate. Funds should

be distributed as follows:

Land Management Planning ................................................................ $68,907,000

Inventory and Monitoring ..................................................................... 163,852,000

Vegetation & watershed management ................................................. 182,034,000

Wildlife & Fish habitat Management .................................................. 129,028,000

Recreation, Heritage & wilderness ....................................................... 230,270,000

Forest Products ...................................................................................... 255,844,000

Grazing Management ............................................................................ 33,856,000

Landownership Management ............................................................... 86,609,000

Minerals and Geology Management ..................................................... 47,945,000

Law Enforcement Operations ............................................................... 74,358,000

Quincy Library Group, CA .................................................................... 2,000,000

Valles Caldera, NM operations ............................................................. 990,000

Tongass timber pipeline, AK ................................................................ 5,000,000

Total ............................................................................................. 1,280,693,000

The managers have modified language contained in the Senate

report regarding limiting the size of the land management planning and inventory and monitoring expenditures in the Washington

Office as well as language specific to the Natural Resource Information System. The managers concur that funds used for National

Commitments and other headquarters expenditures are excessive.

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The managers expect priority for funding allocations in these budget line items to emphasize field efforts to revise, maintain, and

amend forest plans and for conducting appropriate inventory and

monitoring activities at the field level in order to assure multiple

use management on national forest lands. Technology investments

that support these activities should be pursued over a timeframe

that minimizes impacts on accomplishing field level work. The

managers note the potential benefits of the Natural Resource Information system and encourage its continued development and implementation. The managers expect a thorough agency review to

assure this system is consistent with strategic objectives. This review should assess the effectiveness of implementation that results

in efficient management of information through the use of standardized methods of collecting and using data to evaluate natural

resource conditions on National Forest System lands.

The conference agreement includes the following congressional

priorities in the vegetation and watershed management activity:

$300,000 for the CROP project on the Colville NF, WA; $1,000,000

for acid mine clean-up on the Wayne NF, OH; $360,000 for the

Rubio Canyon waterline analysis on the Angeles NF, CA;

$1,500,000 increase for aquatic restoration in Washington and Oregon; $1,250,000 increase for Lake Tahoe watershed protection;

and $300,000 for invasive weed programs on the Okanogan NF and

other eastern Washington national forests with no more than five

percent of these funds to be assessed as indirect costs. The wildlife

and fisheries habitat funding includes $200,000 proposed by the

Senate for the Batten Kill River, VT, project; the Alaska State payment proposed by the Senate is not funded and the funding for the

Little Applegate project, OR is included in the State and private

forestry account. The recreation, heritage and wilderness activity

includes: $700,000 for operations of the Continental Divide trail;

$100,000 for the Monongahela Institute effort at Seneca Rocks,

WV; $120,000 for the Monongahela NF, Cheat Mountain assessment, WV; $100,000 for cooperative recreational site planning on

the Wayne NF, OH; $100,000 for cooperative efforts regarding radios for use at Tuckerman’s Ravine on the White Mountain NF,

NH; and $68,000 for the Talimena scenic byway which the Senate

had included in the vegetation management activity. The managers

direct the Forest Service to conduct a feasibility study on constructing a recreational lake on the Bienville NF in Smith County,

MS. The managers agree to the House report direction concerning

national scenic and historic trails and Region 5 grazing monitoring.

The managers do not agree to the Senate report direction concerning allocation of funds for the Washington office and national

commitments in the inventory and monitoring activity or the land

management planning activity. The forest products activity includes $700,000 proposed by the Senate for the State of Alaska to

monitor log transfer facilities as well as the $790,000 proposed by

the Senate for forestry treatments on the Apache-Sitgreaves NF,

AZ. The House proposal for $250,000 for a Pacific Crest trail lands

team is funded. The managers have added $500,000 to the law enforcement activity for the special needs caused by methamphetamine dumps and $500,000 for special needs on the Pisgah and

Nantahala NFs. The conference agreement also includes additional

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funds for Senate proposals of $2,000,000 for the Quincy Library

Group project, CA, $5,000,000 for Tongass NF, AK, timber pipeline,

and $990,000 for Valles Caldera, NM, management.

The managers have provided $255,844,000, an increase of

$10,700,000 above the House and $10,000,000 above the Senate for

the forest products activity. The total funds provided for the timber

sales program in combination with the increase provided for engineering support within the capital improvement and maintenance

appropriation should be more than sufficient to attain the 3.6 billion board foot offer level using the agency’s own unit cost estimates. Accordingly, the managers urge the agency to offer no less

than 3.6 billion board feet for sale in fiscal year 2001. The conference agreement does not include bill language proposed by the

Senate concerning mandatory reprogramming of funds to attain the

Congressionally directed sale offer level.

The managers have included an additional $500,000 in the

minerals and geology management activity to support necessary

administrative duties related to the Kensington Mine in southeast

Alaska, including completion of a supplemental environmental impact statement.

The managers are generally pleased with the Land Between

the Lakes National Recreation Area management transition from

the Tennessee Valley Authority to the Forest Service. The managers direct the administration to use the environmental education

trust fund established in the authorization of this area strictly for

the authorized purposes and not for general operations of the NRA.

WILDLAND FIRE MANAGEMENT

The conference agreement provides $1,265,129,000 for wildland

fire management instead of $618,343,000 as proposed by the House

and $767,629,000 as proposed by the Senate. The managers note

that this funding total includes $426,000,000 in contingent emergency appropriations which will repay previously advanced sums as

well as establish an available contingency fund for future emergencies. This emergency contingency funding includes the

$150,000,000 in the Senate passed bill as well as $276,000,000 recommended in the Administration’s wildfire report. The managers

have also addressed other priority wildfire needs in title IV where

an additional $619,274,000 for the Forest Service is provided for a

variety of emergency needs. The managers have not included additional funds above the request for acquisition of a high band radio

system at the Monogahela NF, WV, as proposed by the Senate because funds for this project were included in the request.

The following discussion includes instructions pertaining both

to the title II funds as well the title IV funds provided for the Forest Service.

The managers recognize that the severity of the 2000 fire season is attributable to a combination of unusual weather conditions

and accumulated wildland fuels that overwhelmed available Federal agency resources. To prepare better for fires in 2001 and beyond, the managers propose significant improvements to preparedness, fuels treatments, and other aspects of fire management. The

managers expect the agencies to work closely with States and local

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communities to maximize benefits to the environment and to local

communities.

The conference agreement has responded to special needs and

the Administration’s recent wildfire report with additional funding

here and in title IV for additional emergency funds. The conference

agreement includes funding for all of the Administration’s supplemental request as well as strategic enhancements for certain priority activities. Overall, for the Forest Service, the managers provide $1,884,403,000 to fund: repayment of previously advanced

funds, additional wildfire suppression activities; the agency’s revised calculation for normal year readiness; certain one-time improvements to preparedness capability; an expanded fuels treatment program that places primary emphasis on community protection; stabilization, rehabilitation, and restoration of burned areas;

assistance to State and local governments for enhanced protection

of communities; control and eradication of invasive species; development of new technologies and businesses to economically harvest

small diameter forest products; and community assistance programs that may be used to develop local capability and homeowner

education. The managers have funded $1,045,274,000 as ‘‘emergency’’, including $426,000,000 in title II to ensure that adequate

funds are immediately available if needed to fund suppression activities in fiscal year 2001, and to repay funds borrowed from agency trust funds during the fiscal year 2000 season. The remaining

$619,274,000 in emergency funding is included in title IV for a variety of items needed to protect lands and communities.

The managers strongly believe this FY 2001 funding will only

be of value in increasing the Nation’s firefighting capability and

ability to protect communities if it is sustained in future years. Accordingly, the House and Senate Committees on Appropriations expect that the fiscal year 2002 budget request will continue initiatives begun under this appropriation that ensure a significant commitment to these programs. The managers also direct the Departments of the Interior and Agriculture to continue to work together

to formulate complementary budget requests that reflect the same

principles and budget organization. In addition, the managers expect the agencies to seek the advice of governors, and local and

tribal government representatives in setting priorities for fuels

treatments, burned area rehabilitation, and public outreach and

education.

Fire preparedness

For fire preparedness, the managers provide $612,490,000,

$208,147,000 above the initial request and $204,147,000 above the

House passed level. This funding includes $574,890,000 to enhance

wildfire readiness by attaining a most efficient level of 100 percent,

$4,000,000 for joint fire sciences, $12,000,000 for the development

of new systems and technology, and $17,000,000 to restructure the

agency workforce to respond better to future fire preparedness, operations, and suppression needs. In addition, $600,000 is provided

for cooperative research and technology development between Federal fire research and fire management agencies and the University

of Montana National Center for Landscape Fire Analysis. These activities should be funded through normal Joint Fire Science ProVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00161 Fmt 6604 Sfmt 6601 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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gram peer review procedures and focus on developing remote sensing and other landscape scale applications for fire management in

areas of fuel mapping, fire and smoke monitoring, and fire modeling and prediction in order to support and enhance existing efforts in these areas by the Forest Service, Department of the Interior, National Aeronautics and Space Administration, universities,

and other agency researchers and collaborators.

The managers understand that the increased scope and intensity of the 1999 and 2000 fire seasons, as well as the increased frequency and severity of fires over the preceding decade, have led

Federal fire managers to reassess the assumptions underlying an

average fire season. Variables, addressed in the Administration’s

Report on Managing Impacts of Wildfires on Communities and the

Environment, including changing assumptions about fire personnel,

deployment strategies, duration of the average fire season, needs

for new technologies for rapid response, coordinated response needs

with State and local agencies, and other factors, will require a

major adjustment in funding strategies for the preparedness program. The managers expect future budget requests for this line

item will reflect this new level of agency preparedness.

The managers concur that initial attack capability should be

increased to address the number and severity of fires that have

burned the landscape over the past few years and have included

full funding for approximately: 2,800 additional firefighters, 412

engines, and other resources necessary to achieve a 100 percent

most efficient level.

Within the funds provided is $17,000,000 to facilitate restructuring of the agency’s firefighting workforce. The managers concur

with recommendations for conversion of temporary seasonal employees to permanent seasonal status in order to encourage workforce retention. The managers expect the Departments to devote resources necessary to increase staffing for engines from the current

level of five days a week to seven days a week to combat increasingly volatile fire seasons. Additionally the managers support agency plans to increase potentially permanent staffing by approximately 500 to respond to projected retirements and other changes

in the workforce.

The managers support an acceleration of research activities

and expanded emphasis for the Joint Fire Science Program and

have provided an additional $4,000,000, respectively, to the Departments of the Interior and Agriculture to support the recommendations regarding scientific support for fuels treatments and other

programs contained in the report to the President. These funds are

in addition to the $4,000,000 provided for each agency as part of

the Administration’s original budget request. The funds provided

are to be used for such efforts as increased rapid response projects

to assure necessary resources are available for testing and evaluation of post-fire rehabilitation, assessment of post-fire and fire behavior effects, use of aircraft-based remote sensing operations, implementation of protocols for evaluating post-fire stabilization and

rehabilitation, and the development of effective means for collecting

and disseminating information about treatment techniques. The

managers expect the increased funds to be made available to the

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efit of fire management programs, including burned area rehabilitation.

The managers expect the Joint Fire Sciences Governing Board

to make a significant portion of the increased funds directly available to the fire management programs of the Agriculture and Interior Departments to fund projects that directly address locally and

regionally important science and technology needs associated with

fire management and suppression, fuels management, and post-fire

rehabilitation. The managers further expect the Departments to assure that these programs are implemented within existing structures with a minimum of new program management or other overhead activities that might reduce the direct benefit of funds provided. The January 1998 Joint Fire Science Plan developed by the

two Departments and submitted to the Congress included provisions for a Stakeholder Advisory Group of technical experts from

land management organizations, private industry, academia, other

Federal agencies, and the public to formulate recommendations for

program priorities and advise the Joint Fire Science Program Governing Board. This Group is to be established under the provisions

of the Federal Advisory Committee Act. The managers are concerned that nearly three years have passed without establishment

of this group. The managers direct the Secretaries to establish the

group by December 31, 2000.

In addition to funds provided for the Joint Fire Sciences Pro- gram, $12,000,000 is provided for development of systems to support financial and logistic support to fire operations and technologies to support such activities as fire management planning,

additional research for measurement, technology transfer, and remote sensing, and funds for improving and validating models for

fire weather, fire hazard, behavior, emissions and smoke dispersion.

Fire operations

The conference agreement provides $226,639,000 for fire operations in the normal title II non-emergency program, which is

$16,639,000 above the House passed level and $10,610,000 above

the original Administration request. This funding includes

$141,029,000 for wildfire suppression activities and $85,610,000 for

the non-emergency hazardous fuels program. The conference agreement provides for the following Congressional priorities within the

hazardous fuels program: $263,000 for Apache-Sitgreaves NF, AZ,

urban interface; $1,000,000 for the Quincy Library Group project,

CA; $6,947,000 for windstorm damage in Minnesota; $1,500,000 for

the Lake Tahoe basin; and $2,400,000 for work on the Giant Sequoia National Monument and Sequoia National Forests. The managers have also provided $426,000,000 in title II as an emergency

contingent appropriation for future emergency fire suppression

needs and for repayment of funds borrowed from agency trust

funds in fiscal year 2000.

The conference agreement also provides $619,274,000 in emergency funds for wildfire operations in title IV for a variety of needs

including: $179,000,000 in additional funds to cover annual suppression costs based on the ten-year average; $120,000,000 in additional funds for hazardous fuels reduction; $142,000,000 for rehaVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00163 Fmt 6604 Sfmt 6601 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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bilitation and restoration of burned areas; $16,000,000 to support

wildfire related research and development; $44,000,000 for immediate reconstruction of severely deficient wildfire facilities;

$50,494,000 for State fire assistance to support State and local fire

readiness and fuel treatment activities; $8,280,000 in additional

funds for priority volunteer fire assistance; $12,000,000 in additional funds for forest health treatments to help control and eradicate invasive species; $12,500,000 in additional funds for priority

projects and incentives for economic use of small diameter forest

products; and $35,000,000 for community and private land fire assistance.

The funding included in title IV, fire operations for hazardous fuels management activities is $25,000,000 above the level included

in the Administration’s wildfire report; the total includes

$11,500,000 for analysis, monitoring and planning activities. The

managers direct that the increased funding provided be dedicated

to projects within the wildland-urban interface on Federal lands or

adjacent non-Federal lands. These funds are to support activities

necessary to reduce the risks and consequences of wildfire, both in

and around communities and in wildland areas. Treatment methods include application of prescribed fire, mechanical removal,

mulching, and application of chemicals. In many areas a combination of these methods will be necessary over a period of several

years to reduce risks and to maintain healthy and viable forests

and rangelands. The increased funding included in this appropriation will expand the existing fuels management program to reduce

risks to communities and natural resources in high-risk areas. The

managers understand that fuels treatment accomplishments have

been constrained by lack of funding to conduct planning, assessments, clearances, consultation, and environmental analyses necessary for the land management and regulatory agencies to ensure

that fuels treatments are accomplished quickly and in an environmentally sound manner. In conducting treatments, local contract

personnel are to be used wherever possible. The managers expect

the agency to show planned and actual funding and accomplishments for fuels management activities in future budget requests to

Congress. The managers understand that actual amounts may differ from planned levels. The managers expect the agencies to work

closely with States and local communities in implementing this

program in an effective and efficient manner.

The managers intend that $15 million of the additional funding provided for fuels reduction in title IV be used to carry out and

implement the Quincy Library Group plan. This will be in addition

to other funding appropriated in title II.

The managers have included $142,000,000 within wildfire operations for rehabilitation and restoration; this is $97,000,000

above the total in the Administration’s wildfire report. These funds

are needed for priority burned area rehabilitation and restoration

to address short term and longer term detrimental consequences of

wildfires. The managers are disturbed that the Administration

failed to propose sufficient funding for this activity in view of the

catastrophic damage which occurred in burned areas. Accordingly,

a total of $142,000,000 for restoration activities is provided. The

managers note that wildland fires burning at the right times and

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places, and under the right burning conditions, are beneficial or

even essential to the health of forests and rangelands. However,

some severe wildfires can trigger a wide array of detrimental impacts, ranging from short-term floods, debris flow, and loss of water

quality to longer-term invasion by non-native species and loss of

productivity of the land. The increased funding for burned area rehabilitation and restoration is designed to prevent further degradation of resources following wildland fire through (1) short-term stabilization and rehabilitation activities to protect life and property,

protect municipal watersheds, and prevent unacceptable degradation of critical natural and cultural resources, and (2) longer-term

restoration activities to repair and improve lands unlikely to recover naturally from severe fire damage. The managers direct the

agencies to develop a long-term program to manage and supply native plant materials for use in various Federal land management

restoration and rehabilitation needs. The managers recommend

that the interagency native plant conservation initiative lead this

effort.

Long-term monitoring of treatment effectiveness and dissemination of results are essential components of successful restoration

in order to develop better treatment plans for future fires. Longerterm projects may include replacement and repair of facilities or reforestation activities if such facilities or reforestation is part of a

previously approved land management plan. The managers expect

that funding for these activities will be available from this appropriation only concurrent with this emergency situation and in the

future will be requested within the agency’s existing budget structure. In conducting rehabilitation and restoration activities, local

contract personnel should be used wherever possible. The managers expect the agency to show planned and actual funding and

accomplishments for stabilization and rehabilitation activities in

future budget requests to Congress. The managers understand that

actual amounts may differ from planned levels, and agree that the

agencies have the ability to fund additional projects and amounts

based on actual needs. The managers direct the Departments of the

Interior and Agriculture to report to the House and Senate Appropriations Committees, by December 1, 2000, on criteria for restoration projects to be funded from this appropriation.

The managers have provided funds for emergency reconstruction and maintenance of the agency’s rapidly deteriorating fire facilities. The managers note that the Administration failed to request adequate funding to support these critical infrastructure

needs. Accordingly, the managers have included on a one-time

basis, $44,000,000 for this purpose. Included in the amount is

$12,000,000 for reconstruction and repair of air tanker bases and

$32,000,000 for reconstruction and repair of additional fire related

facilities. The managers direct that the fiscal year 2002 budget justification contain an exhibit which shows project specific information on the accomplishments with these funds. The managers have

provided funding for these activities from this appropriation only

concurrent with this emergency situation. In the future the managers expect the agency to request such funds within the agency’s

existing budget structure.

166

Within the title IV funding for fire operations, the managers have included $16,000,000 to support basic and applied wildfire related research and development. Funding is provided for such activities as developing new strategies to reduce fuels in wildland

urban interface areas, improve capability to monitor, predict, prevent and decrease invasive species in burned areas, study impacts

of alternative fire regimes and management activities, and study

the interactions between fire, land management treatments and

other disturbances. The managers have provided funding for these

activities from this appropriation only concurrent with this emergency situation. In the future the managers expect the agency to

request such funds within the agency’s existing budget structure. The managers have provided $118,274,000 within title IV for

emergency activities consistent with the authorizations the agency

has to support State and private forestry programs. The managers

have provided funding for these activities from this appropriation

only concurrent with this emergency situation and in the future expect the agency to request such funds within the agency’s existing

budget structure.

The managers concur that effective management of fire related

issues in the wildland urban interface requires strong commitment

and resources from State, tribal, and local governments. Fire readiness capability must be on an equal par between State, local and

Federal organizations, including availability of resources, adequacy

of planning, and commitment to training. Of the amount provided

for State and private related activities, $50,494,000 is designated

for State fire assistance, including support for the FIREWISE program and the use of cost share incentives. The managers expect

cost sharing incentives to use one-to-one cost sharing, not three-toone Federal to State as recommended by the Administration. Of

the State fire assistance funding, $7,500,000 is a direct lump sum

payment to the Kenai Peninsula Borough to complete the activities

outlined in the spruce bark beetle task force action plan. Ten percent of these funds shall be made available to the Cook Inlet Tribal

Council for reforestation on Native inholdings and Federal lands

identified by the task force. In order to improve the ability of rural

volunteer fire fighting departments to respond to wildfire, the managers have provided $8,280,000 within funds designated for State

and private type activities to improve the capability and readiness

of these critical front line firefighting resources. The managers note

that this funding, coupled with the $5,000,000 provided for volunteer fire assistance in title II, equals the Administration’s request

for these activities.

The managers have included $59,500,000 in title IV within

funds provided for other State and private type activities; this includes $12,000,000 for the management and control of invasive species in cooperation with State and tribal governments; $12,500,000

to provide technical and financial assistance through the development and expansion of markets for traditionally underutilized wood

products to enhance utilization of materials removed during hazardous fuels management activities; and $35,000,000 for community and private land fire assistance.

The community and private land fire assistance funds are provided because the managers recognize the serious impacts of

167

wildfires on State and private lands. These funds are additional

funds beyond the Administration’s request for programs which assist State and private groups in addressing damage caused by fire.

This additional $35,000,000 for community and private land fire

assistance should be allocated primarily to Western States such as

Montana and Idaho which have had the most severe fire damage.

The managers are particularly concerned that many miles of fencing in Montana were burned and the Departments of Agriculture

and of the Interior have generally only reimbursed persons who

have constructed these fences the depreciated value, even though

authority exists to provide replacement value. The managers direct

that up to $9,000,000 be made available to reimburse affected parties at replacement value. The managers expect that the allocation

of some of these funds for longer term restoration of facilities such

as roads and trails should take into account the severe impacts of

fire in particular States such as Idaho and Montana which sustained serious damage to miles of roads and trails and other similar facilities.

Furthermore, the managers are especially concerned about the

potential impacts of invasive species and insects on Federal, State,

and private lands that have been severely burned. The managers

understand that in some States suffering the most severe fire damage, such as Montana, that the spread of pine beetle infestations

has increased as much as threefold. With the funds provided for cooperative forestry health management the managers encourage the

agency to work through the use of cooperative agreements with

State and private groups which can enhance accomplishments on

the ground in the efforts to combat the spread of invasive species

and insect and disease problems. In Western States severely impacted by fire such as Idaho and Montana, the managers are particularly concerned that highly rural, dispersed populations may

lack adequately equipped volunteer fire departments and State

firefighting resources which may have contributed to the severity

of fires and resulting damage. Accordingly, the managers direct the

agency to consider these factors in making allocations to the States

for State fire assistance and for volunteer fire assistance.

CAPITAL IMPROVEMENT AND MAINTENANCE

The conference agreement provides $468,568,000 for capital

improvement and maintenance instead of $434,466,000 as proposed

by the House and $448,312,000 as proposed by the Senate. The

conference agreement provides for the following distribution of

funds:

Project Conference

Facilities:

Maintenance .................................................................................... $73,306,000

Capital Improvement requested program .................................... 74,535,000

Allegheny NF Marienville RS (PA) ............................................... 1,000,000

Allegheny NF visitor services (PA) ............................................... 500,000

Angeles NF water & sewer rehab (CA) ........................................ 900,000

Big Bear Lake center, phase II (CA) ............................................. 1,300,000

Cedar Lake rec area (OK) .............................................................. 740,000

Coweeta research rehab (NC) ........................................................ 110,000

Cradle of Forestry projects (NC) ................................................... 380,000

Franklin County Lake project (MS) .............................................. 2,000,000

Gladie Creek center (KY) ............................................................... 1,250,000

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Project Conference

Grey Towers NHS site rehab (PA) ................................................ 500,000

Hardwood research center plan (IN) ............................................. 300,000

Hubbard Brook (NH) ...................................................................... 600,000

Indian Boundary cmp rehab, (TN) ................................................ 350,000

Inst. of Pacific Island Forestry (HI) .............................................. 2,000,000

Lake Sherwood rec area (WV) ....................................................... 150,000

Mount Tabor Work Center (VT) .................................................... 175,000

Mt Baker Snoqualmie NF cmpgrnd .............................................. 2,000,000

Nantahala NF Fontana Lake (NC) ............................................... 600,000

Ocoee River sites and cons. Center (TN) ...................................... 800,000

Ouachita NF Albert rec area (AR) ................................................ 600,000

Ouachita NF Camp Clearfolk (AR) ............................................... 400,000

Uwharrie NF Badin Lake (NC) ..................................................... 400,000

Uwharrie NF Kings Mtn Pt (NC) .................................................. 900,000

Waldo Lake rehab (OR) .................................................................. 500,000

Total facilities .............................................................................. 166,296,000

Roads:

Maintenance .................................................................................... 130,000,000

Lake Tahoe Basin (CA–NV) ........................................................... 1,500,000

Beartooth Highway snow removal ................................................ 0

Capital improvement requested prog ............................................ 103,447,000

Highland Scenic Hiway (WV) ........................................................ 600,000

Total roads ................................................................................... 235,547,000

Trails:

Maintenance .................................................................................... 31,000,000

Capital improvement requested prog ............................................ 34,025,000

FL National scenic trail ................................................................. 500,000

Virginia Creeper Trail .................................................................... 200,000

Continental Divide Trail line ......................................................... 1,000,000

Total trails ................................................................................... 66,725,000

Total Cap Improvement and Maintenance ............................... 468,568,000

The conference agreement does not include funding proposed

by the Senate for snow removal and repairs on the Beartooth Highway near Yellowstone National Park; existing funding is not rescinded as was proposed by the Senate. The managers expect the

Forest Service to follow Senate directions concerning the roads program. The managers emphasize the need for a cost-share for the

Grey Towers, PA, funding; the Forest Service is encouraged to

work with Tulare County, CA, on plans for recreational facilities.

The conference agreement includes $2,000,000 for the Forest Service to develop a campground in the Middle Fork Snoqualmie Valley

in the Mt. Baker-Snoqualmie National Forest, WA. The managers

expect that the preliminary planning, environmental and ecological

analysis necessary to design and locate the campground will occur

in conjunction with the reconstruction of King County’s Lake Dorothy Highway and Forest Service Road 56. The managers understand that the new road will terminate at mile post 12 at the Taylor River Bridge and an existing trailhead parking lot. The managers expect that the campground will be located adjacent to these

existing facilities.

LAND ACQUISITION

The conference agreement provides $102,205,000 for land acquisition instead of $52,000,000 as proposed by the House and

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$76,320,000 as proposed by the Senate. Funds should be distributed as follows:

Area (State) Amount

Angeles NF (CA) .................................................................................... $2,000,000

Arapaho NF (Beaver Brook Watershed) (CO) ..................................... 2,000,000

Black Hills NF (Spearfish Canyon) (SD) ............................................. 1,000,000

Bonneville Shoreline Trail (UT) ........................................................... 2,500,000

Chattooga WSR (GA/NC/SC) ................................................................ 2,000,000

Chugach NF (Seward multi-agency ctr.) (AK) .................................... 1,630,000

Coconino NF (Bar T Bar Ranch ) (AZ) ................................................. 3,200,000

Coconino NF (Sedona Red Rock) (AZ) .................................................. 3,000,000

Daniel Boone NF (KY) ........................................................................... 2,000,000

DeSoto NF (U. of Mississippi) (MS) ..................................................... 10,800,000

Dry Lake (AZ) ........................................................................................ 750,000

Florida National Scenic Trail (FL) ....................................................... 5,000,000

Francis Marion NF (Tibwin Forests & Waterways) (SC) ................... 2,000,000

Green Mountain NF (VT) ...................................................................... 2,000,000

Hoosier NF (Unique Areas) (IN) ........................................................... 1,000,000

I–90/Plum Creek escrow lands (WA) .................................................... 8,600,000

Lake Tahoe Ecosystem (CA/NV) ........................................................... 4,000,000

Lewis and Clark Historic Trail (ID/MT) .............................................. 2,000,000

Los Padres NF (Big Sur Ecosystem) (CA) ........................................... 3,000,000

Mark Twain NF (Ozark Mt. Streams & Rivers) (MO) ....................... 1,500,000

Monongahela NF (WV) .......................................................................... 925,000

Mountains to Sound (WA) ..................................................................... 5,000,000

Pacific Crest Trail (CA/OR/WA) ........................................................... 3,000,000

Pacific Northwest Streams (OR/WA) ................................................... 1,500,000

Pisgah NF (Lake James) (NC) .............................................................. 4,000,000

Rye Creek (MT) ...................................................................................... 2,800,000

San Bernardino NF (CA) ....................................................................... 2,500,000

Sawtooth NF (Sawtooth NRA) (ID) ...................................................... 2,000,000

Wayne NF (Sunday Creek) (OH) .......................................................... 4,000,000

White Mountain NF (NH) ..................................................................... 2,000,000

Wisconsin Wild Waterways (WI) .......................................................... 2,500,000

Subtotal ........................................................................................ 90,205,000

Forest Inholdings ................................................................................... 1,500,000

Wilderness Protection ............................................................................ 500,000

Cash Equalization .................................................................................. 1,500,000

Acquisition Management ....................................................................... 8,500,000

Total ............................................................................................. 102,205,000

The managers have provided $2,000,000 to purchase non-development scenic easements in Pingree Forest, ME, in cooperation

with the National Fish and Wildlife Foundation under the resource

management account in the U.S. Fish and Wildlife Service.

The managers are concerned with the urban lot purchase program at the Lake Tahoe Basin Management Unit. The role of the

Forest Service in acquiring, administering and maintaining the

urban lots appears inappropriate and often ineffective. Considering

the mission of the Forest Service and limited operating funds, opportunities should be explored to transfer the urban lots currently

administered by the Forest Service to State and local governments

for their management and protection.

None of the funding provided for Federal land acquisition shall

be used to acquire additional lots. Acquisition of larger resource

lands adjacent to National Forest System land to protect watershed

values and provide recreation opportunities should be the focus of

the Forest Service land acquisition program at Lake Tahoe.

The managers direct the Forest Service to provide a report to

the House and Senate Committees on Appropriations by April 30,

2001. The report should provide a detailed view of past Federal and

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State acquisitions at the Lake Tahoe Basin Management Unit, the

costs and challenges of managing these fragmented properties, and

legislative options for the Federal government to turn over this program to State and local authorities.

The managers note that the conference agreement has provided substantial resources in other activities to help protect Lake

Tahoe. This funding includes $2,000,000 for cooperative erosion

grants in State and private forestry, $1,250,000 for the NFS vegetation and watershed activity to enhance restoration of sensitive

watersheds, $1,500,000 in capital improvement and maintenance to

help fix the ailing road system, and $1,500,000 in wildfire management funding to enhance forest health by reducing hazardous fuel.

The Forest Service should acquire land in Spearfish Canyon,

SD, but it should have flexibility and responsibility to make selections that would provide the highest and best beneficial public use

for the expenditure.

The managers have not provided specific funding in land acquisition for the Craig, AK, and Kake, AK, projects as was proposed by the Senate. Funding for the Kake, AK, land transfer is

included in State and private forestry, contingent upon authorization, and funding for Craig, AK, is provided in the southeast Alaska economic disaster fund. Bill language and funding for the Umpqua land exchange project is included in title III.

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

The conference agreement provides $1,069,000 for the acquisition of lands for national forests special acts, an increase of $1,000

above the House and the Senate proposals.

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

The conference agreement provides an indefinite appropriation

estimated to be $234,000 for the acquisition of lands to complete

land exchanges as proposed by both the House and the Senate.

RANGE BETTERMENT FUND

The conference agreement provides an indefinite appropriation

estimated to be $3,300,000 for the range betterment fund as proposed by both the House and the Senate.

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

The conference agreement provides $92,000 for gifts, donations

and bequests for forest and rangeland research as proposed by both

the House and the Senate.

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

The conference agreement provides $5,500,000 for management

of national forest system lands for subsistence uses in Alaska as

proposed by the Senate. No funding was proposed by the House.

The managers do not agree to the Senate proposal to transfer a

portion of these funds to the State of Alaska for this program.

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forts of the United Fishermen of Alaska rather than in this account

as was proposed by the Senate.

SOUTHEAST ALASKA ECONOMIC DISASTER FUND

The conference agreement provides $5,000,000 for the Southeast Alaska Economic Disaster fund; this was not included in the

Senate or House proposals. These funds should be used for Craig,

AK, to assist with economic development.

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

The managers have included bill language proposed by the

Senate concerning the National Forest Foundation and the National Fish and Wildlife Foundation. The conference agreement includes: the Senate proposal to increase the limit on funding advances for law enforcement emergencies; the House language providing certain contracting procedures during the transition phase

at the Land Between the Lakes NRA; the Senate proposal to reimburse a former employee for certain expenses; the Senate proposal

to allow certain activities on the Green Mountain National Forest,

VT, concerning the sale of excess buildings; and technical changes

to language concerning definitions of indirect costs. The Forest

Service is encouraged to give priority to projects for the Alaska

jobs-in-the-woods program that enhance the southeast Alaska economy, such as the Southeast Alaska Intertie.

The managers are concerned about reports that certain Forest

Service officials have spent large sums when purchasing new vehicles to get them painted to the agency standard green color. The

managers expect the agency to acquire its vehicles in the most cost

effective manner possible. The managers direct the agency to

change its policy to prevent such expensive purchases. The managers have not included section 501 of the House passed bill which

legislatively required all vehicles purchased to be white. With the

exception of specific vehicles, such as are used for law enforcement

and fire prevention, where a specific color is an essential element

of agency recognition and public safety, the managers expect vehicle paint standards to emphasize economical acquisitions.

The managers remain extremely concerned about the size of

the headquarters office and emphasize the need to get funding to

field units. The managers expect full adherence, as was directed by

both the House and the Senate, to the National Academy of Public

Administration report dealing with staffing size limits for the Chief

Financial Officer. If the workload proves too pressing for the existing staff, the managers encourage the use of contractors to accomplish short term efforts. The Congress has provided substantial resources and many technical reforms, such as the major simplification of the budget structure in this Act, which aid the financial

management reform effort. The managers expect to continue to receive regular updates on progress in agency accountability and financial management.

DEPARTMENT OF ENERGY

The managers encourage the Department to work with State

and Federal environmental and energy organizations to integrate

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energy and environmental policies, programs and regulations. In

particular strategies should be developed to reduce multiple pollutants, improve energy efficiency and enhance reliability. The Department should work with the Environmental Protection Agency,

the Environmental Council of the States, The State and Territorial

Air Pollution Prevention Administrators/Association of Local Air

Pollution Control Officials, The National Association of State Energy Officials and the National Association of Regulatory Utility

Commissioners. This effort should be directed at avoiding contradictory programs, duplicative activities and related problems.

CLEAN COAL TECHNOLOGY

(DEFERRAL)

The conference agreement provides for the deferral of

$67,000,000 in previously appropriated funds for the clean coal

technology program as proposed by the Senate instead of a deferral

of $89,000,000 as proposed by the House. The managers also have

agreed, under the fossil energy research and development account,

to transfer $95,000,000 in previously appropriated clean coal technology funding to the fossil energy research and development account for a power plant improvement initiative. This initiative is

particularly timely, given the current electricity shortages in certain parts of the country and the changing make-up of the industry

as electric power deregulation is implemented.

The managers agree that a report required by the Senate dealing with a potential new round of clean coal technology projects is

not necessary. This issue should be addressed in the context of the

power plant improvement initiative funded under the fossil energy

research and development account.

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides a total of $540,653,000 for

fossil energy research and development instead of $365,439,000 as

proposed by the House and $401,338,000 as proposed by the Senate. Of the amount provided, $433,653,000 is new budget authority,

$95,000,000 is derived by transfer from previously appropriated

funds from the clean coal technology account for a power plant improvement initiative and $12,000,000 is derived by transfer from

the SPR petroleum account in the Strategic Petroleum Reserve.

The numerical changes described below are to the House recommended level.

In central, systems increases include $1,000,000 for the international clean energy initiative, $1,000,000 for a study of the use

of clean coal alternatives for replacement of the Capitol power

plant and $2,000,000 for electro-catalytic oxidation technology.

In the indirect fired cycle program there is a decrease of

$1,000,000. In the turbine program there is an increase of

$3,000,000 for ramgen technology. In the fuel cell program a onetime increase of $2,000,000 is provided for a demonstration of solid

oxide technology in Nuiqsut, Alaska, and there is an increase of

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novative concepts program there is a decrease of $1,500,000, which

leaves an increase above fiscal year 2000 of $2,000,000 for multilayer ceramic technology. In the transportation fuels and chemicals

program there is an increase of $500,000 for the international clean

energy initiative.

In advanced fuels research there are increases of $839,000 for

hydrogen enabling science, $1,000,000 for advanced concepts/Vision

21 and $1,000,000 for advanced separation technology and decreases of $650,000 for molecular modeling and catalyst development and $489,000 for C–1 chemistry. In the technology crosscut

program there is an increase of $30,000 for the National Energy

Technology Laboratory center of excellence for computational energy science.

In natural gas programs there is an increase of $7,000,000 for

the methane hydrates program.

For oil exploration and production research there is an increase of $1,000,000 for sonication technology for oil recovery and

a decrease of $500,000 for analysis and planning. For emerging

processing technology applications there is an increase of

$2,600,000 for biodesulfurization of diesel fuel. There is also a decrease of $12,000,000, which reflects the use of previously appropriated Strategic Petroleum Reserve funds from the SPR petroleum

account.

In other programs there is an increase of $700,000 for cooperative research and development; $951,000 for headquarters program

direction fixed costs; $3,833,000 for fixed costs at energy technology

centers, including $1,933,000 for salaries and benefits and

$1,900,000 for contractor services; $1,900,000 for general plant

projects, of which $1,300,000 is for National Energy Technology

Center renovation projects; and $45,000,000, which reverses a general reduction adopted in House floor action.

The managers agree to the following:

1. The materials research program under the central systems

activity should focus on hazardous air pollutants in general and

mercury in particular.

2. Future funding for the Capitol power plant is the responsibility of the Architect of the Capitol and the $1,000,000 provided

for a study of clean coal alternatives completes the funding commitment through Interior and Related Agencies appropriations.

3. Emphasis in the indirect fired cycle program should be

placed on co-production, novel hybrid cycles and systems integration to complement the Vision 21 program. In fiscal year 2001 the

program should move towards hybrid gasification/combustion technology.

4. The Department should continue and expand the advanced

separation technology initiative in its fiscal year 2002 and later

budget requests.

5. Within the methane hydrates program, the Department is

strongly encouraged to consider the expertise of the Gulf of Mexico

Hydrate Research Consortium, as well as the expertise of the Center for Marine Resources and Environmental Technology in gas hydrate research related to geohazard and sea floor stability in the

Gulf of Mexico.

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6. The ultra clean fuels initiative should not exclude coal-based

fuels.

7. The report required by the House dealing with financial incentives for reducing emissions from existing coal-fired plants is

not necessary. This issue should be addressed in the context of the

power plant improvement initiative.

8. Research on the biodesulfurization of gasoline should be continued within this account and coordinated with programs in this

area in the petroleum industries of the future program in the energy conservation account.

Power plant improvement initiative.—In the coming years, the

surge in U.S. demand for electric power shows no signs of abating.

Yet, in many regions, our expanding 21st century economy is being

powered by an out-of-date and undersized electric power system.

The result has been an increasing frequency of power supply disruptions and sharp increases in the electric bills of many Americans. For the sick and the elderly, access to reliable electricity can

be a matter of life and death. Without reliable and affordable electric power, commercial and industrial businesses can grind to a

halt. We risk short-circuiting the continued expansion of digital

commerce and e-business that are integral to economic prosperity.

More than half of our nation’s electricity is currently supplied

by coal, and for decades into the future, plentiful American coal

will continue to provide low cost and reliable electricity. Coal-fired

electric power is fundamental to the U.S. economy and domestic energy security. As the U.S. electric industry transitions to a new and

competitive business structure, the demands on the existing fleet

of coal-based electric generating facilities are changing. Power

plants must operate in a fashion that reduces environmental impacts, achieves greater efficiency in operation, reduces carbon dioxide and other emissions, remains cost-competitive, and responds

quickly to changing customer demand. By achieving greater efficiency, these generating plants will be capable of supplying more

electricity, which is needed in today’s economy and for the future.

The managers have agreed to fund a power plant improvement

initiative that will demonstrate advanced coal-based technologies

applicable to existing and new power plants including co-production

plants, for example, plants that produce heat, electric power and

liquid fuels, and new technologies such as the introduction of coal

fines into fuel streams at power plants. The managers expect that

there will be at least a 50 percent industry cost share for each of

these projects and that the program will focus on technology that

can be commercialized over the next few years. Such demonstrations must advance the efficiency, environmental controls and costcompetitiveness of coal-fired capacity well beyond that which is in

operation now or has been demonstrated to date.

The managers have included bill language that provides for a

request for proposals 120 days after enactment of this Act. The Department should circulate a draft for comment and receive input

from outside groups and industry before issuing the final request

for proposals. The language provides for obligation of funds after

September 30, 2001, and incorporates the governing provisions of

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cluding repayment of government contributions that are to be retained for future demonstration projects.

The managers expect the Department of Energy to use the

draft solicitation and public review process to specify the criteria

for the technical and financial evaluation of projects. The criteria

should include as a minimum: (1) the approximate size of a commercial scale project to ensure a commercially viable demonstration

and, if intended for existing facilities, applicability to a large portion of existing capacity and (2) the increase in performance factors, such as efficiency, cost-competitiveness, and/or emissions removal required for both existing and new facilities.

Bill Language.—The conference agreement includes language, as proposed by the Senate, transferring $12,000,000 from the SPR

petroleum account to offset partially fossil energy research and development funding requirements for fiscal year 2001. Language

also is included transferring $95,000,000 from the clean coal technology account for a power plant improvement initiative. The conference agreement also includes Senate proposed language permitting the use of up to 4 percent of National Energy Technology Center program direction funds to support other Department of Energy

activities. Language also is included under title III—General Provisions requiring the National Energy Technology Laboratory to establish an advisory group under the same terms and conditions as

such groups at other National Laboratories.

ALTERNATIVE FUELS PRODUCTION

(RESCISSION)

The conference agreement provides for the rescission of

$1,000,000 in unobligated balances from the alternative fuels production account as proposed by both the House and the Senate.

NAVAL PETROLEUM AND OIL SHALE RESERVES

The conference agreement provides $1,600,000 in new funding

for the Naval petroleum and oil shale reserves for an advanced oil

recovery program at Naval Petroleum Reserve Number 3. No funds

are provided, as proposed by both the House and the Senate, for

ongoing operations at the Reserves because unobligated balances

from previous fiscal years should be sufficient to continue necessary operations in fiscal year 2001. The $7,000,000 rescission

proposed by the Senate is not agreed to. The $1,600,000 is for engineering studies to determine project scope, cost, revenue projections

and a timetable for demonstration of technology that has the potential to increase significantly oil production at NPR–3, extend the

life of the field and increase revenues to the Federal government.

If the results of the engineering studies are acceptable to the Department, it may enter into an agreement with a non-Federal entity to develop a cost shared demonstration project for below-the-reservoir production at NPR–3.

ELK HILLS SCHOOL LANDS FUND

The conference agreement provides $36,000,000 for the third

payment from the Elk Hills school lands fund as proposed by both

the House and the Senate. The managers have agreed to delay this

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payment until October 1, 2001, and expect the payment to be made

on that date or as soon thereafter as possible.

ENERGY CONSERVATION

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $816,940,000 for energy

conservation instead of $649,672,000 as proposed by the House and

$763,937,000 as proposed by the Senate, including $2,000,000 to be

derived by transfer from the biomass energy development account.

The numerical changes described below are to the House recommended level.

In technology roadmaps and competitive research and development for buildings there is an increase of $762,000 for roadmaps

and a decrease of $500,000 for competitive R&D. Increases in residential buildings integration include $750,000 for Building America

and $100,000 for residential building codes. In commercial buildings integration there are increases of $600,000 for research and

development and $100,000 for commercial building energy codes.

In equipment, materials and tools there are increases of

$300,000 for lighting research and development to increase the

base budget for the hybrid lighting partnership, $1,645,000 for residential absorption heat pumps, $3,000,000 for desiccants and

chillers, $1,000,000 for refrigeration, $1,950,000 for cogeneration/

fuel cells, $500,000 for appliances and emerging technology research and development, $500,000 for windows research and

$1,000,000 for lighting and appliance standards.

There are also increases of $13,000,000 for the weatherization

assistance program and $1,000,000 for the State energy conservation program.

In the Federal energy management program increases include

$1,000,000 for program activities and $300,000 for program direction. The managers expect the Department to incorporate the use

of distributed generation into the Federal energy management program. Onsite power options should be considered for all Federal facility power needs based on a balance between economic and environmental considerations. Distributed generation technologies can

provide improved reliability, quality of power, total cost of ownership, environmental benefits and remote power needed to achieve

Federal missions. The Department of Energy should set the example immediately in its own facilities and report to the House and

Senate Committees on Appropriations within 90 days of enactment

of this Act with a plan for doing so at DOE sites in fiscal year 2001

and throughout the Federal government in fiscal year 2001 and beyond.

For industries of the future (specific) programs increases include $178,000 for aluminum, $30,000 for glass, $250,000 for mining, $2,000,000 for agriculture and $1,800,000 for supporting industries. In industries of the future (crosscutting) there are increases

of $450,000 for inventions and innovations and $3,000,000 for distributed generation and a decrease of $450,000 for the National

Competitiveness through Energy, Environment and Economics

grants program. In management and planning for industry sector

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gram direction and a decrease of $390,000 in evaluation and planning.In transportation hybrid systems increases include $4,000,000 for high power energy storage and $4,000,000 for heavy vehicle propulsion. For fuel cell programs there are increases of $1,600,000 for

systems work and $4,500,000 for fuel processor/storage work. In

the advanced combustion engine program increases include

$3,000,000 for combustion and after treatment, $1,000,000 for

heavy truck engine research, and $1,000,000 for health impacts of

fuels. Other vehicle technology research and development increases

include $1,500,000 for cooperative automotive research for advanced technologies, $500,000 for heavy vehicles/truck safety and

$1,000,000 for a cost shared program on engine boosting technology

for light trucks and sport utility vehicles. In fuels utilization there are increases of $500,000 for petro- leum based fuels and, in the alternative fuels program, $500,000

for medium trucks, $500,000 for heavy trucks and $500,000 for environmental impacts. There is also a decrease of $1,000,000 for

health impacts of fuels because this program has been funded in

the vehicle technology/advanced combustion engine activity.

Other changes in transportation programs include increases of $2,900,000 in materials technology for heavy vehicle high strength

weight reduction, $2,300,000 for the clean cities program in technology deployment and $126,500,000, which reverses the House

floor action that eliminated funding for the Partnership for a New

Generation of Vehicles program. There is also a decrease of $21,500,000, which reverses a general increase adopted in House floor action. That increase has been

spread across various programs.

Finally, in policy and management there are increases of $225,000 for the working capital fund and $278,000 for the Golden,

CO, field office and a decrease of $1,000,000 for the one-time cost

associated with the National Academy of Sciences study funded in

last year’s Act.

The managers agree to the following:

1. The recently approved reorganization to separate distributed

generation functions into a new office should be appropriately

shown in future budget requests as should the realignment of management support services.

2. The Department should evaluate ambient temperature cure

glass technology for air conditioning, which has the potential to reduce energy use for air conditioning, and incorporate that technology, as appropriate, in the Federal Energy Management Program.

3. Given the increases provided in the conference agreement,

projects at the Northwest Alliance for Transportation Technologies

should be funded at substantially higher levels than previous

years.

4. Work with and at the National Transportation Research

Center should also be continued and expanded.

5. The report required by the House dealing with engine boosting technology is not necessary. This issue should be addressed in

the new program on this subject which is funded in the vehicle

technology research and development activity.

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6. With respect to the House direction on Postal Service vehicles, no funds should be used for electric vehicle purchases. Such

purchases are the responsibility of the Postal Service and the cooperating States.

7. The managers are aware of recent technological advances

that may increase opportunities for the application of homogenous

charge combustion ignition technologies in mobile systems. This

technology has the potential to reduce dramatically NOX and particulate emissions. The managers direct the Office of Energy Efficiency to submit a report that outlines recent developments in this

technology, describes related research being performed with Federal support, and discusses potential future directions for research

and development. This report should be submitted by April 1, 2001.

The managers further urge the Department to work with the National Research Council to address the potential of homogenous

charge combustion ignition technology in its next annual review of

the PNGV program.

8. Research on the biodesulfurization of gasoline should be continued in the petroleum industries of the future program and coordinated with programs in this area in Fossil Energy.

Bill Language.—The conference agreement earmarks a total of

$191,000,000 for energy conservation programs of which

$153,000,000 is earmarked for weatherization assistance grants

and $38,000,000 is earmarked for State energy conservation grants.

The conference agreement modifies language proposed by the Senate permitting the waiver of cost sharing for weatherization assistance grants. Such waivers can be granted no more than twice. The

modification specifies that such waivers can be granted for no more

than 50 percent of the required cost share. In addition, the costsharing requirement for direct grants for weatherization assistance

to Indian tribes is permanently waived.

ECONOMIC REGULATION

The conference agreement provides $2,000,000 for economic

regulation as proposed by the Senate instead of $1,992,000 as proposed by the House.

STRATEGIC PETROLEUM RESERVE

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides a total of $165,000,000 for

the strategic petroleum reserve, including the transfer of

$4,000,000 from the SPR petroleum account. The increase above

the House is $8,000,000 for the maintenance of a Northeast Home

Heating Oil Reserve. The House did not include the transfer from

the SPR petroleum account. The Senate proposed a transfer of

$3,000,000 from the SPR petroleum account and a $1,000,000

transfer from the Naval petroleum and oil shale reserves account

to pay for the Northeast Home Heating Oil Reserve.

ENERGY INFORMATION ADMINISTRATION

The conference agreement provides $75,675,000 for the Energy

Information Administration instead of $70,368,000 as proposed by

the House and $74,000,000 as proposed by the Senate. The inVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00178 Fmt 6604 Sfmt 6601 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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crease above the House level includes $4,632,000 to continue core

programs and $675,000 for petroleum data improvements, of which

$150,000 is for an outlet level sampling frame for gasoline and diesel fuels, $125,000 is to expand the current gasoline sample to

allow the weekly publication of gasoline prices for key States and

cities, $100,000 is to upgrade the weekly petroleum information

system to improve the reliability and accuracy of the data and

$300,000 is to institute a biweekly survey of companies during the

heating season to monitor interruptible natural gas contracts.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

The conference agreement provides $2,240,658,000 for Indian

health services instead of $2,106,178,000 as proposed by the House

and $2,184,421,000 as proposed by the Senate. The numerical

changes described below are to the House recommended level.

In hospital and clinic programs there are increases of

$32,106,000 for pay costs, $8,100,000 for staffing of new facilities,

$30,000,000 for the Indian health care improvement fund, $225,000

for the Shoalwater Bay infant mortality prevention program,

$500,000 for technology improvements and AIDS research at epidemiology centers, $5,000,000 for loan repayment with emphasis on

critical shortage specialties such as pharmacists, dentists and podiatrists, $220,000 for the pharmacy residents program, $1,000,000

for emergency medical services, $1,000,000 to hire podiatrists and

$3,000,000 for technology upgrades. For dental health programs, increases include $2,365,000 for pay costs, $792,000 for staffing of new facilities and $8,000,000 for

increased dental services. Increases in mental health programs include $1,488,000 for pay costs and $384,000 for staffing of new facilities. There is an increase of $3,717,000 for pay costs associated

with alcohol and substance abuse programs and a program increase

of $40,000,000 for contract health services. Increases of $1,099,000

for pay costs and $643,000 for staffing of new facilities are provided

for public health nursing.

Health education programs are increased by $326,000 for pay

costs and $134,000 for staffing of new facilities. The community

health representative program is increased by $1,787,000 for pay

costs. Increases for the Alaska immunization program include

$70,000 for pay costs and $2,000 for additional immunizations.

Increases for urban health programs include $1,096,000 for pay

costs and $1,000,000 to incorporate the Southwest Indian Polytechnic Institute dental program into the urban Indian health program in the Albuquerque, NM, area. The urban program for that

area is funded pursuant to title V of the Indian Health Care Improvement Act and run by First Nations Community

HealthSources. With these additional funds, dental services will be

available for the large urban Indian population in the Albuquerque,

NM, area.

Other pay cost increases include $62,000 for Indian health professions, $2,075,000 for direct operations and $294,000 for self-govVerDate 11-MAY-2000 16:44 Sep 30, 2000 Jkt 066844 PO 00000 Frm 00179 Fmt 6604 Sfmt 6601 E:\HR\OC\HR914.XXX pfrm08 PsN: HR914
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ernance. Contract support costs increases include up to $10,000,000

for new and expanded contracts and $10,000,000 for existing contracts.

Finally, there are decreases of $10,005,000 for staffing of new

facilities because these costs have been spread among the appropriate accounts and $22,000,000, which was a general increase in

House floor action that has been spread among various accounts in

the conference agreement.

The managers agree to the following:

1. The Service needs to do a better job of estimating costs, including the distribution of pay cost increases. These numbers

should not be a ‘‘moving target’’ that changes substantially and

continuously after the budget submission as was the case this year.

2. The Service should distribute the Indian health care improvement fund in accordance with the level of need methodology

to ensure that the most underfunded tribes are funded at more equitable levels. There should be no set-aside of a portion of these

funds to be distributed under an alternative methodology. The

managers recognize that the LNF methodology may need some improvements and the Service should continue to make the necessary

refinements.

3. The Service should report to the House and Senate Committees on Appropriations prior to finalizing any policy on the distribution of the Indian health care improvement fund for fiscal year

2001. The managers urge the Service to establish a minimum level

of funds to be provided to individual service units. The Service also

should provide a report on how the fiscal year 2000 funds were

used to improve services to Indians and Alaska Natives.

4. Despite the reprimand in the House report, the Service has

still not provided the required plan of action to augment and

strengthen its podiatric care program. Because of the pressing need

in this area, the managers have taken actions in this conference report to address the problem. The report is still required as requested last year, and the managers expect that the directed consultation with outside groups will be fully and clearly explained in

that report.

5. The Service should accept the offer from the American

Podiatric Medical Association to assist in the recruitment and

screening of candidates to fill podiatry positions in the Service. The

APMA deserves credit for pursuing much needed improvements in

the podiatry programs at IHS and has an excellent record with respect to prevention of diabetic amputations. The Service should

consult with APMA on both the use of the $1,000,000 increase provided to hire additional podiatrists and the use of the loan repayment program for podiatrists.

6. The Senate-required report on the proposed distribution of

the general funding increase is not necessary because the increase

has been distributed across the various programs in the conference

agreement.

7. The Senate requirement to investigate possible inequities in

funding allocations applies not only to the Ponca and the Salish

and Kootenai tribes but to all tribes. The House has received several complaints from Oklahoma tribes. This investigation should be

done in the context of the Indian Health Care Improvement Fund

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and the level of need methodology and does not require a separate

report.

8. Within the funding provided for contract health services, the

Indian Health Service should allocate an increase to the Ketchikan

Indian Corporation’s (KIC) recurring budget for hospital-related

services for patients of KIC and the Organized Village of Saxman

(OVS) to help implement the agreement reached by the Indian

Health Service, KIC, OVS and the Southeast Alaska Regional

Health Corporation on September 12, 2000. The additional funding

will enable KIC to purchase additional related services at the local

Ketchikan General Hospital. The managers remain concerned that

the viability of Alaska Native regional entities must be preserved.

The accommodation by the managers of the September 12, 2000

agreement in no way is intended to imply that similar requests for

similar arrangements will be encouraged or supported elsewhere in

Alaska.

Bill Language.—The conference agreement does not include

language proposed by the Senate preventing contract health payments in excess of Medicare and Medicaid rates. The Secretary of

Health and Human Services has authority to address this issue

through the regulatory process. The conference agreement does not

include language proposed by the Senate giving tribes access to

prime vendor rates that are available to the Service. This authority

was enacted earlier this year. Language is included raising the

amount for the Catastrophic Health Emergency Fund from

$12,000,000 to $15,000,000 and raising the cap for the loan repayment program from $17,000,000 to $22,000,000.

The conference agreement includes language proposed by the

Senate providing up to $10,000,000 for contract support costs associated with new and expanded self-determination contracts and

self-governance compacts. The managers note that, unlike the Bureau of Indian Affairs, that funds all contract support cost requirements at the same rate, the Service has a varying scale. The managers urge the Office of Management and Budget to work with the

BIA and the IHS to address discrepancies between the two bureaus

with respect to the calculation and distribution of contract support

costs. At present, the IHS pays many more categories of costs than

does BIA, and the rate of contract support cost payments relative

to the level of need is higher in IHS than in BIA. These discrepancies should be addressed, and the managers suggest that the Office of Management and Budget is the appropriate organization to

do so.

INDIAN HEALTH FACILITIES

The conference agreement provides $363,904,000 for Indian

health facilities instead of $336,423,000 as proposed by the House

and $349,350,000 as proposed by the Senate. The numerical

changes described below are to the House recommended level.

In maintenance and improvement, increases include

$2,000,000 to address the maintenance backlog and $1,000,000 for

the Northwest Portland area AMEX program with the understanding that AMEX includes cost sharing in excess of 50 percent

and there will be no increase for base funding requirements for

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these projects. Increases for sanitation facilities include $206,000

for pay costs and a program increase of $1,500,000.

For hospital and clinic construction, there are increases of

$118,000 for the Parker, AZ, clinic, $5,000,000 for small ambulatory facilities with the understanding that there will be no additional operating funds associated with these projects, $5,000,000

for staff quarters in Bethel, AK, $5,000,000 for joint ventures and

$2,000,000 for Hopi, AZ, staff quarters.

For facilities and environmental health support, increases include $3,657,000 for pay costs and $1,665,000 for staffing of new

facilities. There is also an increase of $2,000,000 for equipment to

raise the total annual funding available for equipment at tribally

built facilities from $3 million to $5 million and a decrease of

$1,665,000 for staffing of new facilities because this amount has

been included in the facilities and environmental health support

activity.

The managers agree to the following:

1. The Service is urged to package together several staff quarters projects whenever possible to attract more bidders for construction projects and to lower costs. The various projects on the

priority list for Navajo and other tribes in the area should be reviewed as potential candidates for packaging as should staff quarters projects in other areas where such projects can be combined

to attract additional interest and achieve savings.

2. For the joint venture program, up to 3 projects may be funded, at least 2 of which are replacement facilities.

3. Any funds not needed for completion of individual construction projects should be reported to the House and Senate Committees on Appropriations as soon as identified. These funds should

subsequently be used to offset requirements for other projects on

the priority list. To the extent that such funds become available in

fiscal year 2001, they may be used for clinic design for the next

three facilities on the outpatient priority list.

Bill Language.—The conference agreement includes language,

as proposed by the Senate, directing funds to the YukonKuskokwim Health Corporation for construction of the Bethel, AK,

staff quarters and earmarking $5,000,000 for the joint venture program with specific instructions on program implementation. The

House had no similar provisions. Language also is included increasing the earmark for funds to be provided to the Hopi Tribe

from $240,000 to $2,240,000 to reduce the debt incurred by the

Tribe in providing staff quarters associated with the new Hopi

Health Center. Language also is included permitting the use of

contracts for small ambulatory facilities.

OTHER RELATED AGENCIES

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

The conference agreement provides $15,000,000 for salaries

and expenses of the Office of Navajo and Hopi Indian Relocation

as proposed by the Senate instead of $8,000,000 as proposed by the

House.

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INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

The conference agreement provides $4,125,000 for payment to

the institute as proposed by the Senate instead of zero funding as

proposed by the House.

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

The conference agreement provides $387,755,000 for salaries

and expenses of the Smithsonian Institution as proposed by the

Senate instead of $375,230,000 as proposed by the House.

REPAIR, RESTORATION AND ALTERATION OF FACILITIES

The conference agreement provides $57,600,000 for repair, restoration and alteration of facilities as proposed by the Senate instead of $47,900,000 as proposed by the House. Of this amount,

$50,000,000 is provided to address repair and rehabilitation work

required throughout the Smithsonian complex and $7,600,000 is

provided for similar activities at the National Zoo. In addition, the

managers instruct the Zoo to dedicate the remainder of funds previously designated for an aquatics exhibit to higher priority safety

and security work referred to in the fiscal year 2001 budget estimate.

In 1995, the Smithsonian’s Commission on the Future issued

a report indicating that an amount of $50,000,000 annually, applied to repair and renovation work over the next decade, would

eliminate the Institution’s $500,000,000 maintenance backlog. In

the five fiscal years following the issuance of that report, Congress

appropriated approximately $200,000,000 for repair and rehabilitation.

In recent months, as Smithsonian officials have brought renewed attention to the poor physical condition of their buildings,

the managers have been concerned by statements that still point

to a $500,000,000 maintenance backlog despite an increased appropriation. Further, the agency has now pointed to the need for a

funding level in the neighborhood of $100 million annually—approximately twice the current amount—although the House and

Senate Committees on Appropriations have received no additional

documentation to substantiate this request. The managers do not

doubt that there is a considerable maintenance backlog at the

Smithsonian and have made a significant effort to assist the Institution in this area. However, the apparent lack of progress, the

large unobligated carryover balances in past years, a commitment

of funds to projects of lower priority, the absense of a detailed plan

for implementation of a coordinated maintenance program and

grossly underestimated projects such as the Patent Office Building,

which has tripled in cost, all are issues that should be explained

prior to any substantial increase in funding.

In light of the above, the managers direct the Smithsonian to

contract with the National Academy of Public Administration

(NAPA) in order to provide the House and Senate Committees on

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Appropriations with a better understanding of the expenditure of

Federal funds to date, the strides that have been made since 1996

and the task that lies ahead. In addition, the Academy is directed

to review carefully any future plan submitted by the Smithsonian

to the House and Senate Committees on Appropriations for additional dollars for critical maintenance backlog. This should be done

on a building-by-building basis for the needed facilities improvements during the next eight to ten years. Any planned expenditures for building maintenance in conjunction with the National

Museum of the American Indian, the Patent Office Building and

the extension of the Air and Space Museum should also be reviewed by the Academy.

CONSTRUCTION

The conference agreement provides $9,500,000 for construction

instead of $4,500,000 as proposed by the Senate and no funding as

proposed by the House. Within the amount recommended,

$4,500,000 is provided for construction of the Smithsonian Astrophysical Observatory’s facility at Hilo, Hawaii and $5,000,000 is

provided for construction of an American Agriculture exhibit at the

National Zoo. This exhibit has been in the planning stages for several years. The Hilo funds are subject to authorization.

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

The conference agreement provides $64,781,000 for salaries

and expenses of the National Gallery of Art as proposed by the

Senate instead of $61,279,000 as proposed by the House. The managers agree that the government-wide reduction in fiscal year 2000

should be spread appropriately across the various Gallery programs in future budget submissions.

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

The conference agreement provides $10,871,000 for repair, restoration and renovation of buildings as proposed by the Senate instead of $8,903,000 as proposed by the House.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

The conference agreement provides $14,000,000 for operations

and maintenance of the Kennedy Center as proposed by the Senate

instead of $13,947,000 as proposed by the House.

CONSTRUCTION

The conference agreement provides $20,000,000 for construction as proposed by the Senate instead of $19,924,000 as proposed

by the House.

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WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

The conference agreement provides $7,310,000 for salaries and

expenses of the Woodrow Wilson International Center for Scholars

as proposed by the Senate instead of $6,763,000 as proposed by the

House. Funds should be distributed as follows:

Fellowship program ............................................................................... $1,169,000

Scholar support ...................................................................................... 643,000

Public service ......................................................................................... 2,217,000

General administration ......................................................................... 1,522,000

Smithsonian fee ..................................................................................... 135,000

Conference planning .............................................................................. 1,459,000

Space ....................................................................................................... 165,000

Total .................................................................................................... 7,310,000

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

The conference agreement includes $98,000,000 for grants and

administration of the National Endowment for the Arts as proposed

by the House instead of $105,000,000 as proposed by the Senate.

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

The conference agreement provides $104,604,000 for grants

and administration as proposed by the Senate instead of

$100,604,000 as proposed by the House.

MATCHING GRANTS

The conference agreement provides $15,656,000 for matching

grants as proposed by the Senate instead of $14,656,000 as proposed by the House.

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM SERVICES

GRANTS AND ADMINISTRATION

The conference agreement provides $24,907,000 for grants and

administration of the Office of Museum Services as proposed by the

Senate instead of $24,307,000 as proposed by the House.

CHALLENGE AMERICA ARTS FUND

CHALLENGE AMERICA GRANTS

The conference agreement includes $7,000,000 for the Challenge America Arts Fund, a new account, to provide additional

funding for arts education and outreach activities for rural and underserved areas. These funds should be used for matching grants

that expand service to more of the Nation and enhance arts education and community activities. This account will be administered

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by the National Endowment for the Arts following all previous authorized requirements including prohibitions on obscenity and restrictions on grants to individuals, subgrants and grants for seasonal support. The managers direct the NEA to provide a detailed

report to the House and Senate Committees on Appropriations describing the use of these funds.

The managers note that in recent years the Congress has instituted several reforms concerning arts funding for obscene materials. The managers emphasize that the reforms to the NEA established by Congress are retained in title III of the bill. In addition

to underscoring the need to serve rural and underserved communities, these reforms include restrictions on grants to individuals,

subgrants and grants for seasonal support; a cap on the funds provided to any one State in a given year; an emphasis on grants that

encourage public knowledge, education, understanding and appreciation of the arts; the appointment of six Members of Congress to

the National Council on the Arts; and a provision allowing the

NEA to solicit and invest private funds for arts support.

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

The conference agreement provides $1,078,000 for salaries and

expenses of the Commission of Fine Arts as proposed by the Senate

instead of $1,021,000 as proposed by the House.

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

The conference agreement provides $7,000,000 for National

Capital Arts and Cultural Affairs as proposed by the Senate instead of $6,973,000 as proposed by the House.

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

The conference agreement provides $3,189,000 for salaries and

expenses of the Advisory Council on Historic Preservation as proposed by the Senate instead of $2,989,000 as proposed by the

House.

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

The conference agreement provides $6,500,000 for salaries and

expenses of the National Capital Planning Commission as proposed

by the Senate instead of $6,288,000 as proposed by the House.

UNITED STATES HOLOCAUST MEMORIAL COUNCIL

HOLOCAUST MEMORIAL COUNCIL

The conference agreement provides $34,439,000 for the Holocaust Memorial Council as proposed by the Senate instead of

$33,161,000 as proposed by the House.

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PRESIDIO TRUST

PRESIDIO TRUST FUND

The conference agreement provides $33,400,000 for the Presidio Trust Fund as proposed by both the House and the Senate.

TITLE III—GENERAL PROVISIONS

The conference agreement includes sections 301 through 306

that were identical in both the House and the Senate bills. These

sections continue provisions carried in past years.

The conference agreement does not include language proposed

by the House in section 307 concerning compliance with ‘‘Buy

American’’ procedures. This provision was made permanent in the

fiscal year 2000 Interior Appropriations Act.

The conference agreement includes sections 307 through 310,

314, 316 through 319, 321 through 327, and 329 as proposed by the

Senate. Identical language was proposed by the House in sections

308 through 311, 315, 317 through 320, 322 through 328, and 330.

These sections continue provisions carried in past years.

Section 311 retains the text of section 312 as proposed by the

House, which continues the mining patent moratorium provision

carried last year. The text of section 311 as proposed by the Senate

differed only in the use of capitalization.

Section 312 retains the text of section 313 as proposed by the

House which continues a provision carried last year limiting BIA

and IHS liability for prior year contract support costs through

2000. Section 312 proposed by the Senate continued this provision

through 2001.

Section 313 modifies the text of section 313 as proposed by the

Senate and section 314 as proposed by the House which continues

a provision carried last year concerning the Jobs-in-the-Woods program. The modified text encourages the agencies to consider various factors when awarding contracts.

Section 315 retains the text of section 316 as proposed by the

House, which makes permanent a provision exempting the Presidio

Trust from State and local taxes and assessments. Section 315 proposed by the Senate continued the provision for one year.

Section 320 establishes an advisory commission to provide recommendations concerning payments to counties having Federal forest lands. This section was in neither the House or Senate passed

bills. The commission will have 18 months after enactment to provide to the Congress recommendations concerning long-term funding for forest counties and other matters. The commission will terminate three years after enactment.

Section 328 retains the text of section 328 as proposed by the

Senate, which continues a provision carried last year regulating the

export of Western red cedar from National Forest System lands in

Alaska. The text of section 329 as proposed by the House differed

only in the numbering convention used.

Section 330 modifies the text of section 332 as proposed by the

House which allows the Forest Service and the Bureau of Land

Management to pilot test the ‘‘Service First’’ initiative. The Senate

had no similar provision. The managers are encouraged by these

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interdepartmental efforts and expect that this provision will assist

the expansion of these efforts in many more areas of the agencies

involved. The managers have clarified the language proposed by

the House to make it clear that this authority may be used agencywide.

Section 331 retains the text of section 333 as proposed by the

House establishing a four-year program between the Forest Service

and the State of Colorado for cooperative watershed protection and

restoration. The Senate had no similar provision. The managers

will watch the implementation of this program carefully to determine if this authority provides enhanced coordination and cooperation between Federal and State interests. A cooperative effort will

greatly enhance efforts to reduce fuel loadings and provide greater

safety to communities in the wildland urban interface.

Section 332 modifies the text of section 334 as proposed by the

House addressing the Interior Columbia Basin Ecosystem Management Project. The managers instruct the agencies to review the environmental analyses and documents regarding the Interior Columbia Basin Ecosystem Management Project and bring this analysis

and documentation into full conformance with the requirements of

the National Environmental Policy Act requirements when new information or conditions arise, including procedures when there are

significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts.

Such analysis and documentation should include the summer 2000

wildfires and the President’s initiative for managing the impact of

wildfires on communities and the environment. None of the funds

appropriated or otherwise made available by this Act may be used

to issue a record of decision for the Interior Columbia Basin Ecosystem Management Plan until this analysis is completed and included in a report submitted to the House and Senate Committees

on Appropriations.

Section 333 retains the text of section 330 as proposed by the

Senate allowing the Forest Service, in consultation with the Department of Labor, to modify concession contracts for campgrounds.

The House had no similar provision.

Section 334 retains the text of section 331 as proposed by the

Senate prohibiting the Forest Service from using the recreation fee

demonstration program to supplant existing recreation concessions.

Section 335 retains the text of section 332 as proposed by the

Senate raising the reporting threshold for energy savings performance contracts through the Department of Energy’s Federal Energy

Management Program. The House had no similar provision.

Section 336 retains the text of section 334 as proposed by the

Senate extending the Recreation Fee Demonstration Program for

one additional year. The managers are greatly encouraged by the

progress being made in this effort and expect the four land management agencies to continue emphasis on this program. The

House had no similar provision.

Section 337 retains the text of section 335 as proposed by the

Senate which continues a provision carried last year limiting mining and prospecting on the Mark Twain National Forest in Missouri. The House had no similar provision.

189

Section 338 retains the text of section 336 as proposed by the

Senate authorizing the Forest Service to enter into additional stewardship contracts in Regions 1 and 6. The House had no similar

provision.

Section 339 retains the text of section 337 as proposed by the

Senate which limits cost recovery for special use permits issued by

the Bureau of Land Management and the Forest Service. The

House had no similar provision.

Section 340 modifies the text of section 339 as proposed by the

Senate prohibiting fee increases for fiberoptic cable rights-of-way.

The House had no similar provision. The managers are concerned

that the Forest Service needs to work closely with the Department

of the Interior to establish common practices concerning the determination of rental fees for fiberoptic cable rights-of-way uses on

Federal lands. The conference agreement stops the Forest Service

from implementing rental fee direction in a letter issued on May

2, 2000, which, in some cases, resulted in large increases in rental

fees by using a case-by-case appraisal process. The conference

agreement prevents the issuance of a final rule during fiscal year

2001 although the managers expect the Secretaries to continue

their work on a common, updated rental fee schedule and procedure. The managers encourage the two departments to issue common regulations using the accepted rule-making process. This will

ensure full opportunity for public comment and allow time for appropriate Congressional attention to this important issue.

Section 341 includes the text of section 340 as proposed by the

Senate limiting competition for fire and fuel treatment and watershed restoration contracts in California. The House had no similar

provision.

Section 344 retains the text of section 345 as proposed by the Senate, which makes available $4 million in prior year funding for

the National Energy Technology Laboratory. The House had no

similar provision.

Section 345 modifies the text of section 348 as proposed by the

Senate prohibiting the closure of backcountry landing strips. The

House had no similar provision. The managers have modified the

Senate proposed language so that public notice and consent of the

Federal Aviation Administration, in consultation with appropriate

State and Federal aviation officials, is made before permanently

closing aircraft landing strips. Landing strips, which are deemed

hazardous for use by general aviation, may be closed temporarily

until repairs are made; landing strips which are known to contribute to illegal activities may be closed temporarily as deemed

necessary to support law enforcement efforts; landing strips damaging soil and water resources or impeding agency compliance with

existing laws and/or regulations may be closed following appropriate public notice, consultation and consent. Short-term closures

are not affected by this provision.

Section 346 amends the Columbia River Gorge National Scenic

Area Act (CRGNSA) to expedite the acquisition of critical lands

within the NSA. The purpose of this section is to address the land

appraisal assumptions utilized by the Forest Service to acquire

land within the Columbia River Gorge National Scenic Area.

Among other things, Public Law 99–663 authorized the Forest

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Service to acquire land within the CRGNSA for the fair market

value of the land as determined by an appraisal. In the CRGNSA,

the application of zoning to the determination of value has led to

local anomalies in the Federal appraisal process.

The practical effect of this section is that privately-held property in the CRGNSA offered for Federal acquisition after March 31,

2001, will be appraised taking into account all zoning and other

land use restrictions in the affected States and counties. For lands

offered for sale to the Forest Service on or before March 31, 2001,

fair market value will be appraised as set out in section 9(e)(2) by

not considering the impacts on value of zoning enacted pursuant to

Public Law 99–663. This will take into account land use restrictions that would be in effect but for the passage of the scenic area

act, including but not limited to land use restrictions resulting from

the Washington State Growth Management Act or Oregon statewide land use program.

The language used in this section is prospective only and intended to address explicitly the question of appraisal procedures to

be used for future CRGNSA land acquisitions by the Forest Service

in a way that provides an administrative framework for important

land acquisitions to occur. Given the managers’ intent, this language should not be construed to apply generally to Federal land

acquisitions elsewhere in the Nation, nor change the intent and interpretation of the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (Public Law 91–646).

The section also modifies the application of section 8(o) of Public Law 99–663 which provides, in part, for landowners to offer

their land for purchase by the Forest Service and the nonapplicability of certain zoning restrictions if the land is not purchased

after three years. As modified by this section, persons who own

land as of September 1, 2000, may offer to sell their land to the

Forest Service by March 31, 2001, and still be afforded the rights

under section 8(o). The Secretary should continue the practice to

treat all landowners’ written offers to sell as bona fide and, therefore, as efforts to initiate the three-year period for Forest Service

acquisition unless a landowner refuses to cooperate with the Forest

Service. Examples of refusing to cooperate would be withholding

permission for Forest Service staff to access the offered property or

rejecting a purchase for fair market value. Another example would

be an attempt by a landowner to revoke a previously provided written offer to initiate the three-year section 8(o) process.

Nothing in this section is intended to modify the basic structure or operation of the land use regime established with the 1986

enactment of Public Law 99–663, nor is anything intended to affect

any exposure of the Federal, State or local governments to claims

arising under the Fifth Amendment of the Constitution for the taking of private property for public purposes. The managers believe

that the Gorge Commission and the Secretary should exercise their

administrative authorities in a manner which reduces the possibility of taking claims including modifications of the management

plan if necessary.

Subsection (c) of this section provides for the Forest Service to

provide notice to the communities and landowners of the amendments to the CRGNSA Act contained in this section. Specifically,

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the Forest Service will contact private landowners in the Special

Management Areas by first-class mail based on ownership records

provided by the counties located in the CRGNSA. The counties are

urged to provide such records to the Forest Service as soon as possible. Such cooperation will provide private landowners the opportunity to consider the acquisition opportunities made available by

these amendments. The mailing by the Forest Service to those

landowners listed by the counties will provide constructive notice

to landowners, but the Forest Service is not required to provide

proof of receipt by addressee.

The managers expect a considerable, but temporary, increase

in the workload of the Columbia River Gorge National Scenic Area

office of the Forest Service as a result of this amendment. The

managers expect the Secretary to dedicate the requisite level of resources to this office to process section 8(o) offers. Further, the

managers understand the Secretary has adequate appropriated

funds to clear the current backlog of properties ready for acquisition in FY 2001. The managers are aware, however, that the demand for appropriations for acquisitions may increase on a temporary basis over the next three years to respond to offers made

under the auspices of this section.

Section 347 authorizes a land exchange, which conveys Forest

Service property in Kern County in California in exchange for

county lands suitable for inclusion in the Sequoia National Forest.

Section 348 requires the Department of Energy to establish an

advisory committee for the National Energy Technology Laboratory

under the same terms and conditions as such groups at other National laboratories.

Section 349 provides the framework for the development of an

Environmental Impact Statement and Habitat Conservation Plan

for the Umpqua Land Exchange Project, comprising 675,000 acres

in the Coast Range-Umpqua Basin in Douglas County, Oregon. The

project will be managed by the Voluntary Land Exchanges Foundation in cooperation with the Bureau of Land Management. The conference agreement provides $4,300,000 for the development of the

EIS and HCP, and the managers expect the private landowners to

bear their full cost of any future supplemental EIS.

Section 350 provides authority for contract health services

funding increases in the Indian Health Service for the Ketchikan

Indian Corporation and the Organized Village of Saxman in Alaska.

Section 351 permits the sale of the Forest Service Boise, ID,

laboratory site, occupied by the Rocky Mountain Research Station,

and the use of the proceeds to purchase interests in a multi-agency

facility at the University of Idaho.

The conference agreement does not include language proposed

by the House in section 331 prohibiting new or expanded Indian

self-determination contracts or self-governance compacts, nor does

it include section 335 as proposed by the House concerning national

monuments (superseded by House section 123). The Senate had no

similar provisions.

The conference agreement does not include language proposed

by the Senate in section 320 restricting National Forest planning,

in section 333 rescinding funding for the Beartooth Highway in

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Montana, in section 338 exempting residents in the White Mountain National Forest in New Hampshire from the recreation fee

demonstration program, in section 341 concerning the White River

National Forest in Colorado, in section 342 concerning roadless

area in the White Mountain National Forest in New Hampshire, in

section 343 concerning the release of funds appropriated in fiscal

year 1999 for the Department of Energy, in section 344 concerning

funding for tribally controlled community colleges, in section 346

concerning Indian gaming procedures, in section 347 concerning

providing a grant to Alaska Pacific University, and in section 349

prohibiting the use of certain pesticides by the Department of the

Interior. The House had no similar provisions.

The conference agreement does not include language proposed

by the House in section 501 regarding the color of Forest Service

vehicles, in section 502 concerning the Federal wildland fire policy

and controlled burns, and in section 503 concerning national monuments. The Senate had no similar provisions. The painting issue is

addressed in detail under the Forest Service Administrative Provisions heading. The wildland fire policy is discussed in detail, along

with other urgent hazardous fuels management issues, in title IV.

TITLE IV—WILDLAND FIRE EMERGENCY APPROPRIATIONS

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

The conference agreement provides $353,740,000 for wildland

fire management instead of $120,300,000 as proposed by the Senate. Detailed instructions for these funds are provided below under

the Forest Service heading and also under the title I heading for

this account.

RELATED AGENCY

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

The conference agreement provides $619,274,000 for wildland

fire management instead of $120,000,000 as proposed by the Senate. Detailed instructions for these funds are provided below and

also under the title II heading for this account.

General instructions.—The following instructions apply to both

the Department of the Interior and the Forest Service. The managers are providing substantial resources for priority emergency

needs. The Administration has submitted a report including requests for an additional $1,578,376,000 for activities at both the

Forest Service and the Department of the Interior. The conference

agreement includes $1,803,116,000 responding to these needs by

protecting communities and lands.

The following table summarizes the funding provided under

this Title. Additional funds are provided under title I and title II.

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Summary of Allocations for Wildland Fire

Conference action

BLM title IV emergency operations:

Wildfire suppression ....................................................................... $116,611,000

Hazardous fuels .............................................................................. 142,129,000

Rehabilitation ................................................................................. 85,000,000

Rural fire assistance ....................................................................... 10,000,000

BLM emergency title IV subtotal ........................................... 353,740,000

Forest Service title IV emergency operations:

Wildfire suppression ....................................................................... 179,000,000

Hazardous fuels .............................................................................. 120,000,000

Rehabilitation ................................................................................. 142,000,000

Fire facilities backlog ..................................................................... 44,000,000

Research & development ................................................................ 16,000,000

State fire assistance .............................................................................. 50,494,000

Volunteer fire assistance ....................................................................... 8,280,000

Forest health .......................................................................................... 12,000,000

Economic action ..................................................................................... 12,500,000

Community and private land fire assistance ...................................... 35,000,000

FS title IV subtotal ......................................................................... 619,274,000

Total wildland fire emergency in title IV ............................................ 973,014,000

Other wildfire emergency funds added to title I, II ............................ 626,000,000

Wildfire preparedness funds added to titles I, II ................................ 341,463,000

Grand total .................................................................................. 1,940,477,000

The managers have included detailed instructions for the allocations and activities for these funds within the statement of the

managers text for wildland fire management accounts for the Department of the Interior and the Forest Service. The managers encourage the Secretaries to recognize the need to maximize the use

of streamlined administrative procedures and systems in recognition of the exigent circumstances, and direct the Departments to

ensure that all procedures available on a government-wide basis for

acquisition and employment in emergency situations are utilized to

assure prompt action without burden of additional, unnecessary internal requirements.

The managers responded to the emergency situation using the

best available data. The managers recognize that additional fire,

State and community assistance may still be needed. The managers direct the Secretaries to work with Governors of the affected

States to submit a report summarizing additional needs, if warranted. The Secretaries should also work with the Governors on a

long-term strategy to deal with the wildland fire and hazardous

fuels situation, as well as needs for habitat restoration and rehabilitation in the Nation. The managers expect that a collaborative

structure, with the States and local governments as full partners,

will be the most efficient and effective way of implementing a long

term program.

The managers are very concerned that the agencies need to

work closely with the affected States, including Governors, county

officials and other citizens. Successful implementation of this program will require close collaboration among citizens and governments at all levels. The managers direct the Secretaries to engage

Governors in a collaborative structure to cooperatively develop a coordinated, National ten-year comprehensive strategy with the

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States as full partners in the planning, decision making, and implementation of the plan. Key decisions should be made at local levels.

The managers have agreed to modified language from the Senate bill relating to hazardous fuels reduction in the urban wildland

interface. This provision has been altered to make clear that the

contracting authorities provided to the Secretary of the Interior

and the Secretary of Agriculture are those associated with hazardous fuels reduction activities. Other significant modifications

have also been made. Waivers from government procurement and

contracting laws provided in paragraph (1) which were permanent

in the Senate proposal are now available only until the sums for

hazardous fuels reduction in this title have been obligated. The

managers expect that, in expending these funds, the Secretaries

shall recognize the needs in certain States that have been most impacted by fires, such as those states in Regions 1, 3, and 4 of the

Forest Service.

The purpose of paragraph (1) is to provide the Secretaries with

the flexibility to provide employment and training opportunities to

people in rural communities. The managers direct the Secretaries

to give preference to local workers and youth groups such as the

Youth Conservation Corps, in developing projects under this section to the maximum extent feasible consistent with funding limitations. The provisions of this section are not intended to expand the

number of stewardship contracts authorized by section 347 of the

FY 1999 Interior and Related Agencies Appropriations Act, (Public

Law 105–277, section 347).

Consistent with paragraph (3) and accompanying Senate instruction, the managers direct the Secretary of Agriculture, within

60 days after enactment of this Act, to publish in the Federal Register the Forest Service’s cohesive strategy for protecting fireadapted ecosystems and an explanation of any differences between

the strategy and other related ongoing policymaking activities including: revising regulations for the national forest system transportation policy; roadless area protection; the Interior Columbia

Basin Draft Supplemental Environmental Impact Statement; and

the Sierra Nevada Framework/Sierra Nevada Forest Plan Draft

Environmental Impact Statement. The Secretary shall also provide

30 days for public comment on the cohesive strategy and accompanying explanation. The managers expect that, as appropriate,

input received will be considered in other appropriate ongoing policymaking activities in the related rulemakings listed in this section.

The managers expect the Secretaries to report jointly to Congress, by May 1, 2001, with recommendations for additional funding needs; an inventory of communities at risk that require hazardous fuel reduction treatments; and additional authorities needed, if any, to increase the amount of fuel reduction treatments in

high fire risk urban wildland interface areas.

Paragraph (4) modifies language in the original Senate bill

concerning publication of the Forest Service’s Cohesive Strategy for

Protecting People and Sustaining Resources in Fire-Adapted Ecosystems, and explaining any differences between this strategy and

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mentation required by section 102(2)(C) of the National Environmental Policy Act which accompanies the rulemakings and planning activities identified in paragraph (4) must contain an analysis

of any differences between the Cohesive Strategy and the policies

and rulemakings listed in this paragraph.

Paragraph (5) has been added to the original Senate proposal.

It requires the Secretaries of Commerce, the Interior and Agriculture and the Chairman of the Council on Environmental Quality, to evaluate the need for revised or expected environmental

compliance procedures. These officials must then report to Congress within 60 days of enactment to apprise the Congress of their

decision whether to develop any expedited procedures, or to adopt

or recommend any other measures. Paragraph (5) also provides discretionary authority for priority to be given to consultations or conferencing under the Endangered Species Act for hazardous fuels reduction projects. The managers emphasize that nothing in paragraph (5) is intended to override any existing environmental laws.

The managers are also especially concerned that the agencies

perform. Accordingly, the managers provide the following instructions to facilitate effective and efficient use of these resources. The

managers direct that not more than 20 percent of the total funds

appropriated by this section may be spent on indirect costs as defined in this Act for the Forest Service and in Department of the

Interior directives. Furthermore, the managers direct that all funds

appropriated in this section are to be used only for the purposes

outlined in the detailed discussions included in the title I and title

II wildland fire management accounts. None of these funds may be

diverted to other uses, including but not limited to, roadless area

policy formulation, national monument designation, or other agency rulemakings not directly related to the purposes for which these

funds are appropriated. The managers encourage the Secretaries to

use all expedited NEPA procedures allowed under current law or

regulation in order to ensure that projects funded by these appropriations are completed in the most timely fashion possible. The

managers expect that as much of this work as possible will be completed with the use of local contractors. The managers also stress

that they expect the normal, every-day programs of these agencies

will also be implemented.

Accountability.—In order to ensure accountability for the funds

appropriated under this title, managers require that the Secretary

of the Interior and Agriculture provide the House and Senate Committees on Appropriations and the Resources Committee of the

House and the Energy and Natural Resources Committee in the

Senate, within 90 days of enactment, a financial plan and an action

plan as follows:

Financial Plan.—Not more than 90 days from the enactment of

this act, the Secretaries shall deliver a financial plan showing how

they intend to spend all of the funds included under this title. It

is essential that the Congress and the public be informed and consulted as implementation proceeds. None of the funds should be retained by either Secretary’s office. The Financial Plan shall include

the following information separately for each Program Component

described in the above table as follows:

Total funds allocated to each Agency within each Department;

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Within each Agency, total funds retained by the National

or Headquarters Office and total funds to be used to repay accounts used to cover suppression costs during the 2000 fire

season, by account;

Within each Agency, total funds allocated to each administrative level of each Agency. For the Forest Service, this will

include allocations to each region, national forest, research station, area, and State. For the Interior Department, this will include each Regional and State Office.

Action Plan.—Within ninety days of enactment, the Secretaries

shall deliver an action plan describing in detail the work proposed

to be accomplished with each of the various funding allocations described in the table. This Action Plan will include at a minimum

the following items:

Preparedness.—Estimates of the number of personnel to be

hired; description of any equipment to be purchased or leased; description of services to be contracted; descriptions of research

projects funded, by research work unit.

Operations/Fuels Management.—Estimated number of acres to

be treated, by treatment type (prescribed fire alone, mechanical

treatment alone, mechanical plus fire, and other); and which portions of those treatments are considered to be in the wildland

urban interface.

Operations/Burned Area Rehabilitation.—Estimated number of

acres previously burned to be treated, by type of treatment; and

which portions of those treatments are considered to be in the

wildland urban interface.

State and Volunteer Assistance (FS only).—Estimated acres to

be treated on State and private lands, by State. The Secretaries

should acquire these data from the affected States.

Rural Fire Assistance (DOI only).—Estimated number of rural

fire communities assisted and the distribution of funds by State.

Forest Health Management (FS only).—Estimated number of

acres which will be treated to manage and control invasive species

and which portions of those treatments are considered to be in the

wildland urban interface.

Economic Action Program (FS only).—A summary of anticipated projects by State.

In addition, the managers direct the Secretaries to provide a

performance report not more than 90 days following the end of the

fiscal year covered by this appropriation for all activities covered

by this title. The performance report shall include:

An updated financial report following the same format as the

financial plan described above showing final expenditures for each

item included in the original financial plan, plus any additional expenditures for items not included in the financial plan, by the same

administrative and program component categories.

An updated action report following the same format as the action plan described above showing final accomplishments for each

item included in the original financial plan, with maps for each national forest and for each State showing where hazardous fuel

treatments were accomplished, plus any additional accomplishments for items not included in the action plan, by the same administrative and program component categories.

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TITLE V—EMERGENCY SUPPLEMENTAL APPROPRIATIONS

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

The conference agreement provides $17,172,000 for management of lands and resources, of which $15,687,000 is to address the

consequences of the 1999 fire season on the lands managed by the

Bureau. These funds are provided to restore damaged biotic resources and infrastructure to prevent a decline in fish and wildlife

habitat. Accordingly, the managers provide these funds for restoration activities, including but not limited to, fence replacement, wild

horse removal, tree and shrub seedling purchase and planting, and

cheatgrass control. The managers also recognize the severity of the

grasshopper and Mormon cricket infestation on lands managed by

the Bureau and have provided $1,485,000 to address this problem.

The managers expect coordination with State, local and other Federal entities in addressing these efforts.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

The conference agreement provides $6,500,000 for resource

management, of which $1,500,000 are to be expended for the preparation and implementation of plans, programs, or agreements identified by the State of Idaho that will address habitat for freshwater

aquatic species on non-Federal lands in the State. These funds will

supplement funds that have already been allocated by the State

and will only be expended for landowners that are voluntarily enrolled in such plans, programs, or agreements. The remaining

$5,000,000 is for the conservation and restoration of Atlantic salmon in the Gulf of Maine.

The condition of the Atlantic salmon population is at a critical

point, and the decision regarding the listing of the Atlantic salmon

under the Endangered Species Act appears imminent. Therefore,

the funds are needed to assist in the prevention of the listing of

the Atlantic salmon. The funds will support efforts to acquire lands

and conservation easements to benefit Atlantic salmon, to address

adverse effects on salmon habitat, and to develop and phase in enhanced aquaculture cages to minimize escape of salmon. The funds

provided for the Atlantic Salmon Commission for salmon restoration and conservation will support the installation and upgrading

of weirs and fish collection facilities, the conduct of risk assessments, fish marking, salmon genetics studies and testing, and the

development of enhanced aquaculture cages. Funds are also provided for the National Academy of Sciences study on Atlantic salmon. Funds administered by the National Fish and Wildlife Foundation are subject to cost sharing.

CONSTRUCTION

The conference agreement provides $8,500,000 for construction

to repair Service facilities damaged by hurricanes and winter

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storms. The managers understand that these funds will used for

repairs to Service property in the States of Maryland, New Jersey,

North Carolina, Pennsylvania, South Carolina, Virginia, and Washington.

NATIONAL PARK SERVICE

CONSTRUCTION

The conference agreement provides $5,300,000 for construction

to repair or replace visitor facilities, equipment, roads and trails,

visitor facilities, and cultural sites and artifacts at national park

units damaged by hurricanes, tropical storms, ice storms, lightning,

and floods.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The conference agreement provides $2,700,000 for surveys, investigations, and research, to repair or replace stream monitoring

equipment and facilities damaged by storms, floods, and hurricanes. Within this amount, the managers have provided $900,000

to repair the storm damaged roof at the EROS Data Center. The

managers understand that the remaining funds will be used for repairs in Alaska, Colorado, Connecticut, Florida, Georgia, Kansas,

Maryland-Delaware-Washington, D.C., Massachusetts-Rhode Island, Nevada, New Hampshire-Vermont, New Jersey, New York,

North Carolina, North Dakota, Pennsylvania, South Carolina,

South Dakota, and Virginia.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

The conference agreement provides $1,200,000 for the operation of Indian programs to repair portions of the Yakama Nation’s

Signal Peak Road. The Yakama Nation shall provide $645,750 towards completion of road repairs, of which $100,000 have already

been spent by the tribe. These funds are necessary to repair portions of the road that were significantly damaged in the past year

due to a massive increase in traffic resulting from efforts to combat

a spruce budworm infestation and to salvage timber in the infested

area.

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

The conference agreement provides $27,600,000 for Federal

trust programs to address trust fund reform efforts that were unanticipated prior to the submission of the Administration’s budget

request. Of this amount, $2,900,000 is provided to address breaches

of trust, $10,000,000 is to begin the process of providing an accounting of Individual Indian Money accounts, $4,000,000 is provided for trial preparation, and $10,700,000 is provided for trust

fund reform program shortfalls.

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RELATED AGENCY

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

STATE AND PRIVATE FORESTRY

The conference agreement provides $11,294,000 for State and

private forestry for emergency needs of the Alaska Railroad caused

by avalanches in the Chugach National Forest. The managers are

aware that at least 19 avalanches occurred in the national forest

and other public lands which caused train derailments resulting in

a serious oil spill and the death of an Alaska Railroad employee.

The President declared the area a disaster on February 17, 2000,

pursuant to the Stafford Act, but no funds are available under that

declaration to clean up the oil spill to prevent contamination of the

Susitna River watershed. Of these funds, $2,000,000 is directed to

the Forest Service, State and private forestry, to establish an avalanche prevention program in the Chugach National Forest and

nearby public lands.

NATIONAL FOREST SYSTEM

The conference agreement provides $7,249,000 to the National

forest system for damage caused by severe windstorms in the

States of Minnesota and Wisconsin. The fallen timber caused by

these storms in the National forests has caused serious environmental and other damage which must be addressed as soon as possible.

TITLE VI—USER FEES UNDER FOREST SYSTEM

RECREATION RESIDENCE PROGRAM

The conference agreement includes the ‘‘Cabin User Fee Fairness Act of 2000’’.

TITLE VII—TREATMENT OF CERTAIN FUNDS FOR MINER

BENEFITS

Title VII provides for transfers of certain interest earned by

the Abandoned Mine Reclamation Fund to the United Mine Workers of America Combined Benefit Fund for the purpose of

supplementing the amount of interest transferred under existing

law in such amounts as the trustees of the Combined Benefit Fund

estimate are necessary to pay the amount of any deficit in net assets in the Combined Fund through August 31, 2001. The managers note that the transfers may take place at any time between

October 1, 2000 and August 31, 2001. The provision also provides

for two other relatively minor transfers of interest to the Combined

Benefit Fund for the purpose of making certain refunds.

As a general matter, the managers note that it has been the

practice for the amount of the annual interest transfers under current law to be based on a calculation which multiplies the number

of unassigned beneficiaries by that year’s per beneficiary premium

rate established by the Social Security Administration (SSA) with

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fer) to reflect the Combined Benefit Fund’s actual expenditures for

unassigned beneficiaries. This practice has an adverse effect on the

Combined Benefit Fund’s cash flow and is contributing to its financial difficulties. Further, there is no basis in the Coal Industry Retiree Health Benefit Act of 1992 for the annual transfer to be based

on the SSA established beneficiary premium rate. The managers

believe that the interest transfer at the beginning of each fiscal

year should be based on the Combined Benefit Fund trustee’s estimate of the year’s expenditures for unassigned beneficiaries which

may be adjusted to the actual amount of those expenditures at a

later time if the initial transfer provides to be either too high or

too low. This approach is completely consistent with the underlying

statutory provision found in section 402(h) of the Surface Mining

Control and Reclamation Act of 1977 which provides that the

amount of interest transferred ‘‘shall not exceed the amount of expenditures that the trustees of the Combined Fund estimate will be

debited against the unassigned beneficiaries premium account.

* * *’’ [emphasis added].

The managers are extremely frustrated that the issue of the

long term solvency of the Combined Benefit Fund has not been addressed by the Committees of jurisdiction over the past year as the

managers had requested in the fiscal year 2000 conference report

(106–479). The managers reiterate that it is not the responsibility

of the Committees on Appropriations to provide health care benefits to the retired mine workers, their spouses and dependents

through an annual transfer of interest from the Abandoned Mine

Reclamation Fund. The managers are providing this funding to the

Combined Benefit Fund with the full expectation that this is the

final time the Interior will provide funds to the Combined Benefit

Fund. The managers strongly urge all of the parties associated

with the Combined Benefit Fund, including the so-called ‘‘super

reach back’’ companies, the ‘‘reach back’’ companies, the United

Mine Workers of America and the Bituminous Coal Operators Association to work together to rectify this situation.

The managers note that the Office of Surface Mining estimates that over $3 billion worth of priorities one and two reclamation program needs remain in the inventory of abandoned mined land problems nationwide. The Abandoned Mine Reclamation Fund should

be conserved, to the extent possible, in order to fund these necessary projects as well as other authorized uses of interest earned

by this fund.

TITLE VIII—LAND CONSERVATION, PRESERVATION AND

INFRASTRUCTURE IMPROVEMENT

The conference agreement inserts a new title to the bill creating a six-year Land Conservation, Preservation and Infrastructure Improvement program within the Federal budget and provides

increased funding for the first year of this program, fiscal year

2001. This action recognizes land conservation and related activities as critical National priorities and provides a mechanism to

guarantee significantly increased funding for critical land acquisition and other land protection programs. The program is not mandatory and does not guarantee annual appropriations. The House

and Senate Committees on Appropriations have discretion in the

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amounts to be appropriated each year, subject to certain maximum

amounts as described herein. The program is authorized for a period of six years. Extension beyond six years is a decision that is

left to future Congresses.

The new program created by this title, in addition to augmenting funding for land conservation and preservation tools, also

recognizes the need to address critical maintenance problems on

our Federal lands and permits the use of a portion of fiscal year

2001 funding and future years’ funding for the most critical problems in our parks, refuges, forests and other public lands. Likewise, a portion of funding for payments in lieu of taxes are permitted and these funds are in addition to base funding under the

Bureau of Land Management in title I.

The managers believe that, when acquiring new lands, the

Federal government has a responsibility to provide funding for the

maintenance of those lands and for payments in lieu of taxes to the

local communities where those lands are located. The funds for

maintenance and payments in lieu of taxes, provided by the Land

Conservation, Preservation and Infrastructure Improvement program are in addition to baseline funding for maintenance and payments in lieu of taxes provided in the operational accounts of the

land management agencies funded in this Act.

Part A: Fiscal year 2001 funding.—The conference agreement

provides for total maximum funding of $1,600,000,000 for the first

year of the six-year Land Conservation, Preservation and Infrastructure Improvement program. It includes appropriations totaling

$1,200,000,000 for fiscal year 2001 for programs in the Departments of the Interior and Agriculture. The $1,200,000,000 is approximately triple the historic funding for such activities. This includes $686,000,000 for activities in this title to augment the

$514,000,000 for such activities provided in other titles of the Interior bill.

The remaining $400,000,000, which is authorized herein, is for

programs under the jurisdiction of the Commerce-Justice-State Appropriations Subcommittee, including the Pacific Coastal Salmon

Recovery program, and will be considered in that bill.

The specific amounts provided for the Departments of the Interior and Agriculture for these programs in fiscal year 2001 are as

follows:

Program category This title Other titles Total this bill

Federal and State LWCF programs .................................... $229 million .......... $311 million .......... $540 million.

State and other conservation programs ............................ $218 million .......... $82 million ............ $300 million.

Urban & historic preservation programs ........................... $39 million ............ $121 million .......... $160 million.

Additional funding for maintenance .................................. $150 million .......... NA .......................... +$150 million.

Additional funding for payments in lieu of taxes ............. $50 million ............ NA .......................... +$50 million.

Coastal programs (NOAA) .................................................. NA .......................... NA .......................... Commerce/State/

Justice bill.

Total ...................................................................... $686 million .......... $514 million .......... $1.2 billion.

The distribution of the funds for fiscal year 2001 among the

land management agencies and the U.S. Geological Survey is specified in the bill. The managers have not, however, mandated a distribution of individual land acquisition projects or Forest Service

Forest legacy funds. These decisions are left to the Committees on

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Appropriations in consultation with the land management agencies. The final distribution will be based on programmatic needs

and will be determined by the Committees during fiscal year 2001.

In making funding distributions for maintenance projects, the

managers expect the agencies to address critical maintenance backlogs. These additional funds are for repair and rehabilitation of existing facilities or roads and may not be used for new and expanded

facilities or roads.

The managers expect the U.S. Fish and Wildlife Service to develop a cost-shared, competitively-awarded, project-based program

for the use of State wildlife grant funding and to present their proposal to the House and Senate Committees on Appropriations for

review and approval prior to the use of any funds for these grants.

The funds should not be distributed on a formula basis and every

effort should be made to leverage Federal funding to the maximum

extent possible. The managers point to the joint venture program

as a good model to pursue.

The managers expect the U.S. Fish and Wildlife Service to

work with the States to develop wildlife conservation plans. The

managers do not object to the use of a portion of the funds provided

for State wildlife grants for such required plans, subject to cost

sharing by the States. Each State plan should meet requirements

that are eastblished by the Service. Each plan should provide for

the conservation of the State’s full array of wildlife and their habitats, with emphasis placed on those species conservation efforts

that are most underfunded and have the greatest conservation

need. The Service shall not provide a grant to any State unless the

State has, or commits to develop by a mutually agreed date certain,

the required plan.

The specific amounts for programs within each category for the

Departments of the Interior and Agriculture are shown in the following table:

LAND CONSERVATION, PRESERVATION AND INFRASTRUCTURE PROGRAM

[Dollars in thousands]

Program categories This title Other titles Total in this bill

Dept. of the Interior Land Acquisition .................................................................... $130,000 $163,940 $293,.940

US Forest Service Land Acquisition ........................................................................ 49,000 106,505 155,505

State Land Acquisition and Assistance ................................................................. 50,000 40,500 90,500

Federal and State LWCF ............................................................................ 229,000 310,945 539,945

FWS—Cooperative Endangered Species Fund ....................................................... 78,000 26,925 104,925

FWS—State Wildlife Grants ................................................................................... 50,000 0 50,000

FWS—N. American Wetlands Conservation ........................................................... 20,000 20,000 40,000

USGS—Science Programs ...................................................................................... 20,000 5,000 25,000

FS—Forest Legacy .................................................................................................. 30,000 30,000 60,000

FS—additional planning/inventory/monitoring ...................................................... 20,000 NA 20,000

State and Other Conservation Programs .................................................. 218,000 81,925 299,925

NPS—Urban Parks Restoration and Recovery ....................................................... 20,000 10,000 30,000

NPS—Historic Preservation .................................................................................... 15,000 73,347 88,347

FS—Urban & Community Forestry ......................................................................... 4,000 31,721 35,721

Youth Conservation Corps ...................................................................................... 0 6,000 6,000

Urban and Historic Preservation ............................................................... 39,000 121,068 160,068

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LAND CONSERVATION, PRESERVATION AND INFRASTRUCTURE PROGRAM—Continued

[Dollars in thousands]

Program categories This title Other titles Total in this

bill

Additional funding for Maintenance ....................................................................... 150,000 NA 150,000

Additional funding—Payments in Lieu of Taxes ................................................... 50,000 NA 50,000

Coastal Programs (NOAA programs to be addressed in Commerce-State-Justice

bill) ..................................................................................................................... NA NA (1)

Total ........................................................................................................... $686,000 $513,938 $1,199,938

1 C/J/S Bill.

The $78,000,000 provided for the cooperative endangered species conservation fund includes $28,000,000 for grants to the States and

$50,000,000 for habitat conservation planning land acquisition. The $20,000,000 provided in this title for science programs in the U.S. Geological Survey includes $7,000,000 for national mapping of

which $5,000,000 is for national cooperative geologic mapping and

$2,000,000 is for earth science information management and delivery, $5,000,000 for water resources/stream gauges, $3,000,000 for

biological research of which $2,000,000 is to initiate aquatic GAP

analysis and $1,000,000 is to accelerate GAP analysis in the contiguous 48 States, and $5,000,000 for science support/accessible data

transfer.

The additional $20,000,000 for Forest Service planning, inventory and monitoring should be used to address high priority needs

for these activities within the National Forest System. The $15,000,000 provided in this title for historic preservation in- cludes $12,000,000 for State historic preservation offices and

$3,000,000 for tribal grants. The additional $150,000,000 provided in this title for mainte- nance includes $25,000,000 for the Bureau of Land Management,

$25,000,000 for the U.S. Fish and Wildlife Service, $50,000,000 for

the National Park Service and $50,000,000 for the Forest Service.

Part B: Land Conservation, Preservation and Infrastructure

Improvement Trust Fund.—Part B of this title establishes the Land

Conservation, Preservation and Infrastructure Improvement program budget mechanism which provides a six-year funding priority

within the Federal budget for land conservation activities by setting aside funds each year over and above the amounts available

under Congressional Budget Resolutions for all other discretionary

activities of the government. The amounts for each year are as follows:

Fiscal year: 2001 ................................................................................................. $1,600,000,000

2002 ................................................................................................. 1,760,000,000

2003 ................................................................................................. 1,920,000,000

2004 ................................................................................................. 2,080,000,000

2005 ................................................................................................. 2,240,000,000

2006 ................................................................................................. 2,400,000,000

These amounts are set aside and automatically available under

the Budget Resolution each year for Land Conservation, Preservation and Infrastructure Improvement programs but are subject to

annual appropriations. The exact amount and the distribution

among programs will be set in annual appropriation bills based on

need and program performance. The language provides a ‘‘fencing’’

204

mechanism, however, so that funds are only available for the specific set of budget activities and accounts listed in the Land Conservation, Preservation and Infrastructure Improvement program.

The text of the language in Part B follows the model established

in 1995 for the Violent Crime Trust Fund.

There are six identified program categories for each year. Each

category has an identified ‘‘fenced cap’’ for each fiscal year. The

amount of each cap does not assure appropriations for that amount

but does assure that funds from within one category are not shifted

to another category. The caps by category are shown in the following table:

Program category Fenced cap

Federal and State LWCF ...................................................................... $540,000,000

State and other conservation programs ............................................... 300,000,000

Urban and historic preservation programs ......................................... 160,000,000

Additional funding for maintenance .................................................... 150,000,000

Additional funding for payments in lieu of taxes ................................ 50,000,000

Coastal programs (Department of Commerce/NOAA ......................... 400,000,000

Total ............................................................................................. 1,600,000,000

Any funds not appropriated within the caps will be available

in the next fiscal year for appropriation for activities within the

same program category. In addition, each year, the total amount

available for appropriation is increased by $160,000,000 for the

Land Conservation, Preservation and Infrastructure Improvement

Program. That increase is not subject to the ‘‘fenced caps’’, but is

available for the eligible programs herein, in addition to the capped

amounts. The House and Senate Committees on Appropriations

have the discretion to determine the extent to which these funds

will be appropriated. The additional, ‘‘unfenced’’ amount available

will be $160,000,000 in fiscal year 2002, $320,000,000 in fiscal year

2003, $480,000,000 in fiscal year 2004, $640,000,000 in fiscal year

2005 and $800,000,000 in fiscal year 2006.

Eligible programs include:

Federal land acquisition

State land and water conservation grants

Urban Park and Recreation Recovery Program

Backlog maintenance (land management agencies)

Payments in Lieu of Taxes

Historic Preservation

Youth Conservation Corps

U.S. Geological Survey’s State Planning Partnership programs,

Community/Federal Information Partnership, Urban Dynamics, and Decision Support for Resource Management

U.S. Fish and Wildlife Service’s North American Wetlands Conservation Fund, Cooperative Endangered Species Conservation Fund, and State Wildlife Grants

Forest Service’s State and Private Forestry, Forest Legacy Program, Urban and Community Forestry, Smart Growth Partnerships and additional funding for planning, inventory and

monitoring

Department of Commerce/NOAA’s Pacific Coastal Salmon Recovery, NOAA Operations, Research, and Facilities, the Coastal

Zone Management Act programs, the National Marine Sanctuaries, the National Estuarine Research Reserve Systems,

205

Coral Restoration programs, Coastal Impact Assistance and

the Pacific Coastal Salmon Recovery Program

TITLE IX

DEPARTMENT OF THE TREASURY

BUREAU OF THE PUBLIC DEBT

GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT

The conference agreement provides $5 billion to be used to reduce the amount of debt held by the public.

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year

2001 recommended by the Committee of Conference, with comparisons to the fiscal year 2000 amount, the 2001 budget estimates,

and the House and Senate bills for 2001 follow:

[In thousands of dollars]

New budget (obligational) authority, fiscal year 2000 ........................ $14,911,650

Budget estimates of new (obligational) authority, fiscal year 2001 16,319,772

House bill, fiscal year 2001 ................................................................... 14,959,420

Senate bill, fiscal year 2001 .................................................................. 15,772,342

Conference agreement, fiscal year 2001 .............................................. 18,768,117

Conference agreement compared with:

New budget (obligational) authority, fiscal year 2000 ................ +3,856,467

Budget estimates of new (obligational) authority, fiscal year

2001 .............................................................................................. +2,448,345

House bill, fiscal year 2001 ............................................................ +3,808,697

Senate bill, fiscal year 2001 ........................................................... +2,995,775

RALPH REGULA,

JIM KOLBE,

JOE SKEEN,

CHARLES H. TAYLOR,

GEORGE R. NETHERCUTT, Jr.,

ZACH WAMP,

JACK KINGSTON,

JOHN E. PETERSON,

BILL YOUNG,

NORMAN DICKS,

JOHN P. MURTHA,

JAMES P. MORAN,

BUD CRAMER,

MAURICE D. HINCHEY,

DAVID R. OBEY,

Managers on the Part of the House.

SLADE GORTON,

TED STEVENS,

THAD COCHRAN,

PETE V. DOMENICI,

CONRAD BURNS,

ROBERT F. BENNETT,

JUDD GREGG,

BEN NIGHTHORSE CAMPBELL,

ROBERT C. BYRD,

PATRICK LEAHY,

FRITZ HOLLINGS,

HARRY REID,

BYRON L. DORGAN,

HERB KOHL,

DIANNE FEINSTEIN,

Managers on the Part of the Senate.

Æ