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ment have any rights or title to any real or personal prop-
erty acquired as a part of the contract: Provided further,
That $2,333,000 shall be made available for the Sisseton
Wahpeton Sioux Tribe Indian Health Services clinic in
Sisseton, South Dakota, and $9,167,000 shall be made
available for the small ambulatory facilities program.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Serv-
ice 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 re-
prints; purchase, renovation and erection of modular build-
ings and renovation of existing facilities; payments for tele-
phone service in private residences in the field, when au-
thorized 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 meet-
ings which are concerned with the functions or activities
for which the appropriation is made or which will con-
tribute to improved conduct, supervision, or management
of those functions or activities.
In accordance with the provisions of the Indian Health
Care Improvement Act, non-Indian patients may be ex-
tended health care at all tribally administered or Indian
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Health Service facilities, subject to charges, and the pro-
ceeds 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. Notwith-
standing any other law or regulation, funds transferred
from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under
Public Law 86–121 (the Indian Sanitation Facilities Act)
and Public Law 93–638, as amended.
Funds appropriated to the Indian Health Service in
this Act, except those used for administrative and program
direction purposes, shall not be subject to limitations di-
rected at curtailing Federal travel and transportation.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal or-
ganization through a contract, grant, or agreement author-
ized 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 con-
tract 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 limi-
tation.
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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 sub-
mitted a budget request reflecting the increased costs associ-
ated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law.
Funds made available in this Act are to be appor-
tioned to the Indian Health Service as appropriated in this
Act, and accounted for in the appropriation structure set
forth in this Act. 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, in-
cluding 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 sub-
sequent appropriation account which provided the funding,
said amounts to remain available until expended. Reim-
bursements for training, technical assistance, or services
provided by the Indian Health Service will contain total
costs, including direct, administrative, and overhead associ-
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ated with the provision of goods, services, or technical as-
sistance. The appropriation structure for the Indian Health
Service may not be altered without advance approval of the
House and Senate Committees on Appropriations.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, $15,148,000, to remain available until expended: Pro-
vided, That funds provided in this or any other appropria-
tions Act are to be used to relocate eligible individuals and
groups including evictees from District 6, Hopi-partitioned
lands residents, those in significantly substandard housing,
and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by
the Office of Navajo and Hopi Indian Relocation to evict
any single Navajo or Navajo family who, as of November
30, 1985, was physically domiciled on the lands partitioned
to the Hopi Tribe unless a new or replacement home is pro-
vided for such household: Provided further, That no
relocatee will be provided with more than one new or re-
placement home: Provided further, That the Office shall re-
locate any certified eligible relocatees who have selected and
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received an approved homesite on the Navajo reservation
or selected a replacement residence off the Navajo reserva-
tion 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), $4,490,000.
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 docu-
mentation of the National Collections; presentation of pub-
lic exhibits and performances; collection, preparation, dis-
semination, and exchange of information and publications;
conduct of education, training, and museum assistance pro-
grams; maintenance, alteration, operation, lease (for terms
not to exceed 30 years), and protection of buildings, facili-
ties, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to five replacement pas-
senger vehicles; purchase, rental, repair, and cleaning of
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uniforms for employees, $401,192,000, of which not to ex-
ceed $43,713,000 for the instrumentation program, collec-
tions acquisition, exhibition reinstallation, the National
Museum of the American Indian, the repatriation of skeletal
remains program, research equipment, information man-
agement, and Latino programming shall remain available
until expended, and including such funds as may be nec-
essary to support American overseas research centers and
a total of $125,000 for the Council of American Overseas
Research Centers: Provided, That funds appropriated here-
in are available for advance payments to independent con-
tractors performing research services or participating in of-
ficial Smithsonian presentations: Provided further, That
the Smithsonian Institution may expend Federal appro-
priations 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 Colum-
bia: Provided further, That this use of Federal appropria-
tions shall not be construed as debt service, a Federal guar-
antee of, a transfer of risk to, or an obligation of, the Fed-
eral Government: Provided further, That no appropriated
funds may be used to service debt which is incurred to fi-
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nance 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 maintenance, repair, res-
toration, 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, $67,900,000, to remain avail-
able until expended, of which $10,000,000 is provided for
maintenance, repair, rehabilitation and alteration of facili-
ties at the National Zoological Park: Provided, That con-
tracts awarded for environmental systems, protection sys-
tems, and repair or restoration of facilities of the Smithso-
nian 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, $25,000,000,
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.
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None of the funds in this or any other Act may be
used for the Holt House located at the National Zoological
Park in Washington, D.C., unless identified as repairs to
minimize water damage, monitor structure movement, or
provide interim structural support.
None of the funds in this or any other Act may be
used to make any changes to the existing Smithsonian
science programs, including closure of facilities, relocation
of staff or redirection of functions and programs, without
approval by the Board of Regents of recommendations re-
ceived from the Science Commission.
None of the funds available to the Smithsonian may
be reprogrammed without the advance written approval of
the House and Senate Committees on Appropriations in ac-
cordance with the procedures contained in House Report
No. 105–163.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery
of Art, the protection and care of the works of art therein,
and administrative expenses incident thereto, as authorized
by the Act of March 24, 1937 (50 Stat. 51), as amended
by the public resolution of April 13, 1939 (Public Resolu-
tion 9, Seventy-sixth Congress), including services as au-
thorized by 5 U.S.C. 3109; payment in advance when au-
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thorized 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; pur-
chase, repair, and cleaning of uniforms for guards, and uni-
forms, or allowances therefor, for other employees as author-
ized 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 re-
pair 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 ad-
vertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $68,967,000, of which not to ex-
ceed $3,026,000 for the special exhibition program shall re-
main available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and ren-
ovation of buildings, grounds and facilities owned or occu-
pied by the National Gallery of Art, by contract or other-
wise, as authorized, $14,220,000, to remain available until
expended: Provided, That contracts awarded for environ-
mental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may
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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 Per-
forming Arts, $15,000,000.
CONSTRUCTION
For necessary expenses for capital repair and restora-
tion of the existing features of the building and site of the
John F. Kennedy Center for the Performing Arts,
$19,000,000, 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, $7,796,000.
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $98,234,000 shall be available to the National
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Endowment for the Arts for the support of projects and pro-
ductions 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.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $109,882,000, 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, $15,622,000, to remain available until
expended, of which $11,622,000 shall be available to the Na-
tional 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 sub-
sections 11(a)(2)(B) and 11(a)(3)(B) during the current
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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 Li-
brary Services Act of 1996, as amended, $26,899,000, to
remain available until expended.
CHALLENGE AMERICA ARTS FUND
CHALLENGE AMERICA GRANTS
For necessary expenses as authorized by Public Law
89–209, as amended, $17,000,000 for support for arts edu-
cation and public outreach activities to be administered by
the National Endowment for the Arts, to remain available
until expended.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foun-
dation on the Arts and the Humanities may be used to
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided, That none of
the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception
and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for
official reception and representation expenses.
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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), $1,174,000:
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 re-
main available until expended without further appropria-
tion.
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 His-
toric Preservation (Public Law 89–665, as amended),
$3,310,000: Provided, That none of these funds shall be
available for compensation of level V of the Executive Sched-
ule 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), includ-
ing services as authorized by 5 U.S.C. 3109, $7,253,000:
Provided, That all appointed members of the Commission
will be compensated at a rate not to exceed the daily equiva-
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lent of the annual rate of pay for positions at level IV of
the Executive Schedule for each day such member is engaged
in the actual performance of duties.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106–292 (36 U.S.C. 2301–2310),
$36,028,000, of which $1,900,000 for the museum’s repair
and rehabilitation program and $1,264,000 for the muse-
um’s exhibitions program shall remain available until ex-
pended.
PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omni-
bus Parks and Public Lands Management Act of 1996,
$23,125,000 shall be available to the Presidio Trust, to re-
main available until expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
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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 nat-
ural gas by noncompetitive bidding on publicly owned
lands within the boundaries of the Shawnee National For-
est, 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 publica-
tion or distribution of literature that in any way tends to
promote public support or opposition to any legislative pro-
posal 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 serv-
ants to any officer or employee of such department or agen-
cy 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
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basis therefor are presented to the Committees on Appro-
priations 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 lo-
cated on National Forest System or Bureau of Land Man-
agement lands in a manner different than such sales were
conducted in fiscal year 2001.
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 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 pedes-
trian use of such bridge, when such pedestrian use is con-
sistent with generally accepted safety standards.
SEC. 310. (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 proc-
ess 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
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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, 2002, the Secretary
of the Interior shall file with the House and Senate Com-
mittees on Appropriations and the Committee on Resources
of the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a report on ac-
tions 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 Man-
agement to conduct a mineral examination of the mining
claims or mill sites contained in a patent application as
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set forth in subsection (b). The Bureau of Land Manage-
ment 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. 311. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee re-
ports for the Bureau of Indian Affairs and the Indian
Health Service by Public Laws 103–138, 103–332, 104–
134, 104–208, 105–83, 105–277, 106–113, and 106–291 for
payments to tribes and tribal organizations for contract
support costs associated with self-determination or self-gov-
ernance contracts, grants, compacts, or annual funding
agreements with the Bureau of Indian Affairs or the Indian
Health Service as funded by such Acts, are the total
amounts available for fiscal years 1994 through 2001 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 agree-
ments.
SEC. 312. Notwithstanding any other provision of law,
for fiscal year 2002 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ‘‘Jobs in the
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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, north-
ern California and Alaska that have been affected by re-
duced timber harvesting on Federal lands. The Secretaries
shall consider the benefits to the local economy in evaluating
bids and designing procurements which create economic op-
portunities for local contractors.
SEC. 313. None of the funds collected under the Rec-
reational 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 Sen-
ate Committees on Appropriations if the estimated total
cost of the facility exceeds $500,000.
SEC. 314. None of the funds made available in this
or any other Act for any fiscal year may be used to des-
ignate, or to post any sign designating, any portion of Ca-
naveral National Seashore in Brevard County, Florida, as
a clothing-optional area or as an area in which public nu-
dity is permitted, if such designation would be contrary to
county ordinance.
SEC. 315. Of the funds provided to the National En-
dowment for the Arts—
(1) The Chairperson shall only award a grant to
an individual if such grant is awarded to such indi-
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vidual 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, ex-
cept 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 ex-
change 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. 316. The National Endowment for the Arts and
the National Endowment for the Humanities are authorized
to solicit, accept, receive, and invest in the name of the
United States, gifts, bequests, or devises of money and other
property or services and to use such in furtherance of the
functions of the National Endowment for the Arts and the
National Endowment for the Humanities. Any proceeds
from such gifts, bequests, or devises, after acceptance by the
National Endowment for the Arts or the National Endow-
ment for the Humanities, shall be paid by the donor or the
representative of the donor to the Chairman. The Chairman
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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. 317. (a) In providing services or awarding finan-
cial 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, pro-
ductions, workshops, or programs that serve underserved
populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means a
population of individuals, including urban minori-
ties, 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 sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2))) applicable to a family of the
size involved.
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(c) In providing services and awarding financial as-
sistance 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 knowl-
edge, 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 Hu-
manities Act of 1965—
(1) the Chairperson shall establish a grant cat-
egory for projects, productions, workshops, or pro-
grams that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants ex-
ceeding 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
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(4) the Chairperson shall encourage the use of
grants to improve and support community-based
music performance and education.
SEC. 318. 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 Re-
newable Resources Planning Act.
SEC. 319. None of the funds in this Act may be used
to support Government-wide administrative functions un-
less such functions are justified in the budget process and
funding is approved by the House and Senate Committees
on Appropriations.
SEC. 320. 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. 321. Amounts deposited during fiscal year 2001
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
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improve forest health conditions, which may include the re-
pair or reconstruction of roads, bridges, and trails on Na-
tional 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 func-
tions, long-term forest productivity, and biological integ-
rity. The projects may be completed in a subsequent fiscal
year. Funds shall not be expended under this section to re-
place funds which would otherwise appropriately be ex-
pended from the timber salvage sale fund. Nothing in this
section shall be construed to exempt any project from any
environmental law.
SEC. 322. Other than in emergency situations, none
of the funds in this Act may be used to operate telephone
answering machines during core business hours unless such
answering machines include an option that enables callers
to reach promptly an individual on-duty with the agency
being contacted.
SEC. 323. No timber sale in Region 10 shall be adver-
tised 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 evi-
dence appraisal system using domestic Alaska values for
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western red cedar may be advertised upon receipt of a writ-
ten request by a prospective, informed bidder, who has the
opportunity to review the Forest Service’s cruise and har-
vest cost estimate for that timber. Program accomplish-
ments shall be based on volume sold. Should Region 10 sell,
in fiscal year 2002, the annual average portion of the
decadal allowable sale quantity called for in the current
Tongass Land Management Plan in sales which are not def-
icit when appraised under the transaction evidence ap-
praisal 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 Alas-
ka, shall be made available to domestic processors in the
contiguous 48 United States at prevailing domestic prices.
Should Region 10 sell, in fiscal year 2002, less than the
annual average portion of the decadal allowable sale quan-
tity 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 pre-
vailing 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 calcu-
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lating 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 Alas-
ka’’ 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. 324. 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 prepara-
tion for implementation, of the Kyoto Protocol which was
adopted on December 11, 1997, in Kyoto, Japan at the
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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 rati-
fication 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. 325. The Forest Service, in consultation with the
Department of Labor, shall review Forest Service camp-
ground 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
2002 such concession prospectuses under the regulatory ex-
emption, 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. 326. A project undertaken by the Forest Service
under the Recreation Fee Demonstration Program as au-
thorized 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 authoriza-
tion to provide commercial recreation services on Fed-
eral lands. Prior to initiating any project, the Sec-
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retary shall consult with potentially affected holders
to determine what impacts the project may have on
the holders. Any modifications to the authorization
shall be made within the terms and conditions of the
authorization and authorities of the impacted agency.
(2) the return of a commercial recreation service
to the Secretary for operation when such services have
been provided in the past by a private sector pro-
vider, 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 Dem-
onstration Program to provide for operations until a subse-
quent operator can be found through the offering of a new
prospectus.
SEC. 327. The authority to enter into stewardship and
end result contracts provided to the Forest Service in ac-
cordance with section 347 of title III of section 101(e) of
division A of Public Law 105–277 is hereby expanded to
authorize the Forest Service to enter into an additional 28
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contracts subject to the same terms and conditions as pro-
vided in that section: Provided, That of the additional con-
tracts authorized by this section at least 9 shall be allocated
to Region 1 and at least 3 to Region 6.
SEC. 328. 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 ad-
here 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. 329. Notwithstanding any other provision of law,
for fiscal year 2002, the Secretary of Agriculture is author-
ized to limit competition for fire and fuel treatment and
watershed restoration contracts in the Giant Sequoia Na-
tional Monument and the Sequoia National Forest. Pref-
erence for employment shall be given to dislocated and dis-
placed workers in Tulare, Kern and Fresno Counties, Cali-
fornia, for work associated with the establishment of the
Giant Sequoia National Monument.
SEC. 330. The Secretary of Agriculture, acting through
the Chief of the Forest Service shall:
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(1) extend the special use permit for the Sioux
Charlie Cabin in the Absaroka Beartooth Wilderness
Area, Montana, held by Montana State University—
Billings for a period of 50 years; and
(2) solicit public comments at the end of the 50
year period to determine whether another extension
should be granted.
SEC. 331. Section 323 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 1999, as in-
cluded in Public Law 105–277, Division A, section 101(e),
is amended by striking ‘‘and 2001,’’ and inserting ‘‘, 2001
and 2002,’’.
SEC. 332. Section 551(c) of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll–61(c)) is
amended by striking ‘‘2002’’ and inserting ‘‘2004’’.
SEC. 333. LOCAL EXEMPTIONS FROM FOREST SERV-
ICE DEMONSTRATION PROGRAM FEES. Section 6906 of Title
31, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Necessary’’; and
(2) by adding at the end the following:
‘‘(b) LOCAL
EXEMPTIONS
FROM
DEMONSTRATION
PROGRAM FEES.—
‘‘(1) IN GENERAL.—Each unit of general local
government that lies in whole or in part within the
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White Mountain National Forest and persons residing
within the boundaries of that unit of general local
government shall be exempt during that fiscal year
from any requirement to pay a Demonstration Pro-
gram Fee (parking permit or passport) imposed by
the Secretary of Agriculture for access to the Forest.
‘‘(2) ADMINISTRATION.—The Secretary of Agri-
culture shall establish a method of identifying persons
who are exempt from paying user fees under para-
graph (1). This method may include valid form of
identification including a drivers license.’’.
SEC. 334. MODIFICATION TO STEEL LOAN GUARANTEE
PROGRAM. (a) IN GENERAL.—Section 101 of the Emergency
Steel Loan Guarantee Act of 1999 (Public Law 106–51; 15
U.S.C. 1841 note) is amended as follows:
(1) TERMS AND CONDITIONS.—Subsection (h) is
amended—
(A) in paragraph (1), by striking ‘‘2005’’
and inserting ‘‘2015’’; and
(B) by amending paragraph (4) to read as
follows:
‘‘(4) GUARANTEE LEVEL.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), any loan guarantee
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provided under this section shall not exceed 85
percent of the amount of principal of the loan.
‘‘(B) INCREASED
LEVEL
ONE.—A loan
guarantee may be provided under this section in
excess of 85 percent, but not more than 90 per-
cent, of the amount of principal of the loan, if—
‘‘(i) the aggregate amount of loans
guaranteed at such percentage and out-
standing under this section at any one time
does not exceed $100,000,000; and
‘‘(ii) the aggregate amount of loans
guaranteed at such percentage under this
section with respect to a single qualified
steel company does not exceed $50,000,000.
‘‘(C) INCREASED
LEVEL
TWO.—A loan
guarantee may be provided under this section in
excess of 85 percent, but not more than 95 per-
cent, of the amount of principal of the loan, if—
‘‘(i) the aggregate amount of loans
guaranteed at such percentage and out-
standing under this section at any one time
does not exceed $100,000,000; and
‘‘(ii) the aggregate amount of loans
guaranteed at such percentage under this
section with respect to a single qualified
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steel 
company 
does 
not 
exceed
$50,000,000.’’.
(2) TERMINATION OF GUARANTEE AUTHORITY.—
Subsection (k) is amended by striking ‘‘2001’’ and in-
serting ‘‘2003’’.
(b) APPLICABILITY.—The amendments made by this
section shall apply only with respect to any guarantee
issued on or after the date of the enactment of this Act.
This Act may be cited as the ‘‘Department of the Inte-
rior and Related Agencies Appropriations Act, 2002’’.
Passed the House of Representatives June 21, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate July 12, 2001.
Attest:
GARY SISCO,
Secretary.