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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: Pro-
vided further, That in entering into such grants or coopera-
tive agreements, the Secretary may consider the enhance-
ment of local and small business employment opportunities
for rural communities, and that in entering into procure-
ment 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 opportuni-
ties in rural communities, and that the Secretary may
award procurement contracts, grants, or cooperative agree-
ments under this section to entities that include local non-
profit entities, Youth Conservation Corps or related part-
nerships, or small or disadvantaged businesses: Provided
further, That funds appropriated under this head may be
used to reimburse the United States Fish and Wildlife Serv-
ice and the National Marine Fisheries Service for the costs
of carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act in connec-
tion with wildland fire management activities.
452
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CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Inte-
rior and any of its component offices and bureaus for the
remedial action, including associated activities, of haz-
ardous waste substances, pollutants, or contaminants pur-
suant to the Comprehensive Environmental Response, Com-
pensation, and Liability Act, as amended (42 U.S.C. 9601
et seq.), $9,978,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302, sums re-
covered from or paid by a party in advance of or as reim-
bursement for remedial action or response activities con-
ducted 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 in-
clude 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, $12,976,000, to re-
main 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),
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$210,000,000, 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 administra-
tive expenses and acquisition of lands or waters, or interests
therein, $30,150,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
ation, 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 adja-
cent rights-of-way; and acquisition of lands or interests
therein including existing connecting roads on or adjacent
to such grant lands; $105,633,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Or-
egon and California Railroad grant lands is hereby made
a charge against the Oregon and California land-grant
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fund and shall be transferred to the General Fund in the
Treasury in accordance with the second paragraph of sub-
section (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, implementing and monitoring salvage
timber sales and forest ecosystem health and recovery activi-
ties 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. 1181f–1 et
seq., and Public Law 106–393) 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 range-
lands pursuant to section 401 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701), notwith-
standing 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.)
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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 fa-
cilities in conjunction with use authorizations, and for re-
habilitation 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 sec-
tion 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 set-
tlement, 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 Manage-
ment which have been damaged by the action of a resource
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developer, purchaser, permittee, or any unauthorized per-
son, without regard to whether all moneys collected from
each such action are used on the exact lands damaged which
led to the action: Provided further, That any such moneys
that are in excess of amounts needed to repair damage to
the exact land for which funds were collected may be used
to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended
under existing laws, there is hereby appropriated such
amounts as may be contributed under section 307 of the
Act of October 21, 1976 (43 U.S.C. 1701), and such
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain avail-
able 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 evi-
dence concerning violations of laws administered by the Bu-
reau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to
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be accounted for solely on her certificate, not to exceed
$10,000: Provided, That notwithstanding 44 U.S.C. 501,
the Bureau may, under cooperative cost-sharing and part-
nership arrangements authorized by law, procure printing
services from cooperators in connection with jointly pro-
duced 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, con-
servation, management, investigations, protection, and uti-
lization 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, $902,697,000,
to remain available until September 30, 2004, except as oth-
erwise provided herein: Provided, That not less than
$2,000,000 shall be provided to local governments in south-
ern California for planning associated with the Natural
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Communities Conservation Planning (NCCP) program and
shall remain available until expended: Provided further,
That $2,000,000 is for high priority projects which shall
be carried out by the Youth Conservation Corps: Provided
further, That not to exceed $9,077,000 shall be used for im-
plementing 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 regula-
tions, and taking any other steps to implement actions de-
scribed 
in 
subsection 
(c)(2)(A), 
(c)(2)(B)(i), 
or
(c)(2)(B)(ii)), of which not to exceed $5,000,000 shall be
used for any activity regarding the designation of critical
habitat, pursuant to subsection (a)(3), excluding litigation
support, for species already listed pursuant to subsection
(a)(1) as of the date of enactment this Act: 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 infor-
mation, rewards, or evidence concerning violations of laws
administered by the Service, and miscellaneous and emer-
gency expenses of enforcement activity, authorized or ap-
proved by the Secretary and to be accounted for solely on
her certificate: Provided further, That of the amount pro-
vided for environmental contaminants, up to $1,000,000
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HJ 2 EAS
may remain available until expended for contaminant sam-
ple analyses.
CONSTRUCTION
For construction, improvement, acquisition, or re-
moval of buildings and other facilities required in the con-
servation, management, investigation, protection, and utili-
zation of fishery and wildlife resources, and the acquisition
of lands and interests therein; $42,882,000, to remain avail-
able until expended: Provided, That notwithstanding any
other provision of law, a single procurement for the con-
struction of the Kodiak National Wildlife Refuge visitor
center may be issued which includes the full scope of the
project: Provided further, That the solicitation and the con-
tract shall contain the clause ‘‘availability of funds’’ found
at 48 CFR 52.232.18.
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 ex-
penses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable
to the United States Fish and Wildlife Service, $81,555,000,
to be derived from the Land and Water Conservation Fund
and to remain available until expended: Provided, That
none of the funds appropriated for specific land acquisition
460
HJ 2 EAS
projects can be used to pay for any administrative over-
head, planning or other management costs.
LANDOWNER INCENTIVE PROGRAM
For administrative expenses associated with a Land-
owner Incentive Program established in Public Law 107–
63, $600,000, to be derived from the Land and Water Con-
servation Fund and to remain available until expended.
STEWARDSHIP GRANTS
For administrative expenses associated with a Private
Stewardship Program established in Public Law 107–63,
$200,000, to be derived from the Land and Water Conserva-
tion Fund and to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531–1543),
as amended, $81,000,000, to be derived from the Coopera-
tive Endangered Species Conservation Fund and 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), $14,414,000.
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, $38,560,000, to remain avail-
able until expended.
461
HJ 2 EAS
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance
with the Neotropical Migratory Bird Conservation Act,
Public Law 106–247 (16 U.S.C. 6101–6109), $2,000,000,
to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Ele-
phant 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), the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5301–5306), and the Great Ape Conserva-
tion Act of 2000 (16 U.S.C. 6301), $4,200,000, to remain
available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American
Samoa, and federally recognized Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the
Fish and Wildlife Coordination Act, for the development
and implementation of programs for the benefit of wildlife
and their habitat, including species that are not hunted or
fished, $45,000,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended:
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HJ 2 EAS
Provided, That of the amount provided herein, $3,000,000
is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
said $3,000,000 and administrative expenses, apportion the
amount provided herein in the following manner: (A) to
the District of Columbia and to the Commonwealth of Puer-
to Rico, each a sum equal to not more than one-half of 1
percent thereof: and (B) to Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, each a sum equal to not more
than one-fourth of 1 percent thereof: Provided further, That
the Secretary shall apportion the remaining amount in the
following manner: (A) one-third of which is based on the
ratio to which the land area of such State bears to the total
land area of all such States; and (B) two-thirds of which
is based on the ratio to which the population of such State
bears to the total population of all such States: Provided
further, That the amounts apportioned under this para-
graph shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph
for any fiscal year or more than 5 percent of such amount:
Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects
463
HJ 2 EAS
and the Federal share of implementation grants shall not
exceed 50 percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may
not be derived from Federal grant programs: Provided fur-
ther, That no State, territory, or other jurisdiction shall re-
ceive a grant unless it has developed, or committed to de-
velop by October 1, 2005, a comprehensive wildlife conserva-
tion plan, consistent with criteria established by the Sec-
retary of the Interior, that considers the broad range of the
State, territory, or other jurisdiction’s wildlife and associ-
ated habitats, with appropriate priority placed on those
species with the greatest conservation need and taking into
consideration the relative level of funding available for the
conservation of those species: Provided further, That any
amount apportioned in 2003 to any State, territory, or
other jurisdiction that remains unobligated as of September
30, 2004, shall be reapportioned, together with funds appro-
priated in 2005, in the manner provided herein.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 102 passenger motor vehicles, of which
75 are for replacement only (including 39 for police-type
use); repair of damage to public roads within and adjacent
to reservation areas caused by operations of the Service; op-
tions for the purchase of land at not to exceed $1 for each
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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 arrange-
ments authorized by law, procure printing services from co-
operators 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 deter-
mines the cooperator is capable of meeting accepted quality
standards: Provided further, That the Service may accept
donated aircraft as replacements for existing aircraft: Pro-
vided further, That the United States Fish and Wildlife
Service is authorized to grant $500,000 appropriated in
Public Law 107–63 for land acquisition to the Narragansett
Indian Tribe for acquisition of the Great Salt Pond burial
tract: 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 Ref-
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uge System unless the purchase is approved in advance by
the House and Senate Committees on Appropriations in
compliance with the reprogramming procedures contained
in House Report 107–63.
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 mainte-
nance service to trucking permittees on a reimbursable
basis), and for the general administration of the National
Park Service, $1,571,065,000, of which $6,878,000 for plan-
ning and interagency coordination in support of Everglades
restoration shall remain available until expended; of which
$88,280,000, to remain available until September 30, 2004,
is for maintenance repair or rehabilitation projects for con-
structed assets, operation of the National Park Service auto-
mated facility management software system, and com-
prehensive facility condition assessments; of which not less
than $9,000,000 is for reimbursement of the United States
Geological Survey for conduct of National Park Service nat-
ural resource challenge activities; and of which $2,000,000
is for the Youth Conservation Corps for high priority
projects: Provided, That the only funds in this account
which may be made available to support United States
466
HJ 2 EAS
Park Police are those funds approved for emergency law
and order incidents pursuant to established National Park
Service procedures, those funds needed to maintain and re-
pair United States Park Police administrative facilities,
and those funds necessary to reimburse the United States
Park Police account for the unbudgeted overtime and travel
costs associated with special events for an amount not to
exceed $10,000 per event subject to the review and concur-
rence of the Washington headquarters office.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of
the United States Park Police, $78,431,000.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage part-
nership programs, environmental compliance and review,
international park affairs, statutory or contractual aid for
other activities, and grant administration, not otherwise
provided for, $62,978,000.
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.
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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), $67,000,000, to be derived
from the Historic Preservation Fund and to remain avail-
able until September 30, 2004: Provided, That of the total
amount provided, $30,000,000 shall be for Save America’s
Treasures for priority preservation projects of nationally
significant sites, structures, and artifacts: Provided further,
That any individual Save America’s Treasures grant shall
be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant, and
all projects to be funded shall be approved by the House
and Senate Committees on Appropriations prior to the
commitment of grant funds: Provided further, That Save
America’s Treasures funds allocated for Federal projects
shall be available by transfer to appropriate accounts of in-
dividual agencies, after approval of such projects by the Sec-
retary of the Interior, in consultation with the President’s
Committee on the Arts and Humanities: Provided further,
That none of the funds provided for Save America’s Treas-
ures may be used for administrative expenses, and staffing
for the program shall be available from the existing staffing
levels in the National Park Service.
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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, $322,826,000, to remain avail-
able until expended, of which $2,500,000 for the Virginia
City Historic District, and $500,000 for the Fort Osage Na-
tional Historic Landmark shall be derived from the His-
toric Preservation Fund pursuant to 16 U.S.C. 470a.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2003
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, $204,005,000, to be derived from the
Land and Water Conservation Fund and to remain avail-
able until expended, of which $115,000,000 is for the State
assistance program including $4,000,000 to administer the
State assistance program: Provided, That of the amounts
provided under this heading, $20,000,000 may be for Fed-
eral grants, including Federal administrative expenses, to
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HJ 2 EAS
the State of Florida for the acquisition of lands or waters,
or interests therein, within the Everglades watershed (con-
sisting 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 nec-
essary by the Secretary to improve and restore the
hydrological function of the Everglades watershed: Provided
further, That funds provided under this heading for assist-
ance to the State of Florida to acquire lands within the
Everglades watershed are contingent upon new matching
non-Federal funds by the State, or are matched by the State
pursuant to the cost-sharing provisions of section 316(b) of
Public Law 104–303, 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.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 301 passenger
motor vehicles, of which 273 shall be for replacement only,
including not to exceed 226 for police-type use, 10 buses,
and 8 ambulances: Provided, That none of the funds appro-
priated to the National Park Service may be used to process
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HJ 2 EAS
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 imple-
mented 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 3 cal-
endar days to a day certain) from the receipt by the Speak-
er of the House of Representatives and the President of the
Senate of a full and comprehensive report on the develop-
ment of the southern end of Ellis Island, including the facts
and circumstances relied upon in support of the proposed
project.
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 safe-
ty, and to encourage employees receiving workers’ com-
pensation benefits pursuant to chapter 81 of title 5, United
States Code, to return to appropriate positions for which
they are medically able.
Notwithstanding any other provision of law, in fiscal
year 2003 and thereafter, sums provided to the National
Park Service by private entities for utility services shall
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HJ 2 EAS
be credited to the appropriate account and remain available
until expended: Provided, That heretofore and hereafter, in
carrying out the work under reimbursable agreements with
any State, local or tribal government, the National Park
Service may, without regard to 31 U.S.C. 1341 or any other
provision of law or regulation, record obligations against
accounts receivable from such entities, and shall credit
amounts received from such entities to the appropriate ac-
count, such credit to occur within 90 days of the date of
the original request by the National Park Service for pay-
ment.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research cov-
ering topography, geology, hydrology, biology, and the min-
eral 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 per-
mittees and Federal Energy Regulatory Commission licens-
ees; 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 proc-
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HJ 2 EAS
essing 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; $914,617,000, of which
$64,974,000 shall be available only for cooperation with
States or municipalities for water resources investigations;
and of which $15,499,000 shall remain available until ex-
pended for conducting inquiries into the economic condi-
tions affecting mining and materials processing industries;
and of which $8,000,000 shall remain available until ex-
pended for satellite operations; and of which $22,623,000
shall be available until September 30, 2004, for the oper-
ation and maintenance of facilities and deferred mainte-
nance; and of which $166,927,000 shall be available until
September 30, 2004, for the biological research activity and
the operation of the Cooperative Research Units; and of
which $4,000,000 shall remain available until expended for
interagency research, planning, monitoring, and assess-
ment, for everglades restoration; and with the funds pro-
vided in this title, the Secretary shall release a plan for
assisting States, Federal agencies and tribes in managing
chronic wasting disease in wild and captive cervids within
90 days of enactment of this Act: 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:
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HJ 2 EAS
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 investiga-
tions carried on in cooperation with States and municipali-
ties.
ADMINISTRATIVE PROVISION
The amount appropriated for the United States Geo-
logical Survey shall be available for the purchase of not to
exceed 53 passenger motor vehicles, of which 48 are for re-
placement only; reimbursement to the General Services Ad-
ministration for security guard services; contracting for the
furnishing of topographic maps and for the making of geo-
physical or other specialized surveys when it is administra-
tively determined that such procedures are in the public in-
terest; 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 compensa-
tion 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 ac-
complished through the use of contracts, grants, or coopera-
tive agreements as defined in 31 U.S.C. 6302 et seq.
474
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MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other min-
erals 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, $164,322,000, of which $83,284,000,
shall be available for royalty management activities; and
an amount not to exceed $100,230,000, 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 collec-
tions 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 $100,230,000 in additions to receipts are
not realized from the sources of receipts stated above, the
amount needed to reach $100,230,000 shall be credited to
this appropriation from receipts resulting from rental rates
for Outer Continental Shelf leases in effect before August
475
HJ 2 EAS
5, 1993: Provided further, That $3,000,000 for computer ac-
quisitions shall remain available until September 30, 2004:
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 re-
fund due, to pay amounts owed to Indian allottees or tribes,
or to correct prior unrecoverable erroneous payments: Pro-
vided further, That MMS may under the royalty-in-kind
pilot program, or under its authority to transfer oil to the
Strategic Petroleum Reserve, 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, to process or otherwise
dispose of royalty production taken in kind, and to recover
MMS transportation costs, salaries, and other administra-
tive costs directly related to filling the Strategic Petroleum
Reserve: Provided further, That MMS shall analyze and
document the expected return in advance of any royalty-
476
HJ 2 EAS
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 com-
parable 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,
$6,105,000, which shall be derived from the Oil Spill Liabil-
ity 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; $105,092,000: Provided, That the Secretary of the In-
terior, pursuant to regulations, may use directly or through
grants to States, moneys collected in fiscal year 2003 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 Of-
fice of Surface Mining Reclamation and Enforcement may
477
HJ 2 EAS
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Rec-
lamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Sur-
face Mining Control and Reclamation Act of 1977, Public
Law 95–87, as amended, including the purchase of not more
than 10 passenger motor vehicles for replacement only,
$191,745,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until ex-
pended; of which up to $10,000,000, to be derived from the
Federal Expenses Share of the Fund, shall be for supple-
mental 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 pro-
gram States will be $1,500,000 per State in fiscal year
2003: 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 amend-
ed, of which no more than 25 percent shall be used for emer-
gency 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
478
HJ 2 EAS
the 25 percent limitation per State and may be used with-
out fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97–365, the Depart-
ment 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 great-
er 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
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HJ 2 EAS
deposited in an acid mine drainage abatement and treat-
ment 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 pro-
grams, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter-
mination 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,
$1,855,635,000, to remain available until September 30,
2004 except as otherwise provided herein, of which not to
exceed $85,857,000 shall be for welfare assistance payments
and notwithstanding any other provision of law, including
but not limited to the Indian Self-Determination Act of
1975, as amended, not to exceed $133,209,000 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 2003,
as authorized by such Act, except that tribes and tribal or-
ganizations may use their tribal priority allocations for
480
HJ 2 EAS
unmet indirect costs of ongoing contracts, grants, or com-
pacts, or annual funding agreements and for unmet welfare
assistance costs; and up to $2,000,000 shall be for the In-
dian 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 $442,985,000
for school operations costs of Bureau-funded schools and
other education programs shall become available on July
1, 2003, and shall remain available until September 30,
2004; and of which not to exceed $57,686,000 shall remain
available until expended for housing improvement, road
maintenance, attorney fees, litigation support, the Indian
Self-Determination Fund, land records improvement, and
the Navajo-Hopi Settlement Program: Provided, That not-
withstanding 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 $43,065,000
within and only from such amounts made available for
school operations shall be available to tribes and tribal or-
ganizations 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, 2004, may be transferred
during fiscal year 2005 to an Indian forest land assistance
481
HJ 2 EAS
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 Sep-
tember 30, 2005.
CONSTRUCTION
For construction, repair, improvement, and mainte-
nance 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 con-
struction of the Navajo Indian Irrigation Project pursuant
to Public Law 87–483, $348,252,000, to remain available
until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irriga-
tion Project may be transferred to the Bureau of Reclama-
tion: Provided further, That not to exceed 6 percent of con-
tract 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: Pro-
vided further, That any funds provided for the Safety of
Dams program pursuant to 25 U.S.C. 13 shall be made
available on a nonreimbursable basis: Provided further,
That for fiscal year 2003, in implementing new construc-
tion 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
482
HJ 2 EAS
Secretary of the Interior shall use the Administrative and
Audit Requirements and Cost Principles for Assistance Pro-
grams contained in 43 CFR part 12 as the regulatory re-
quirements: 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 pay-
ments 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 fi-
nancial 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 indi-
viduals 
and 
for 
necessary 
administrative 
expenses,
$57,949,000, to remain available until expended; of which
$24,870,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
483
HJ 2 EAS
to Public Laws 101–618 and 102–575, and for implementa-
tion of other enacted water rights settlements; of which
$5,068,000 shall be available for future water supplies fa-
cilities under Public Law 106–163; and of which
$28,011,000 shall be available pursuant to Public Laws 99–
264, 100–580, 106–263, 106–425 and 106–554.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans,
$5,000,000, 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 fur-
ther, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to
exceed $72,464,000.
In addition, for administrative expenses to carry out
the guaranteed and insured loan programs, $493,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts and grants, either di-
rectly or in cooperation with States and other organiza-
tions.
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guarantee
and insurance fund, and the Indian Guaranteed Loan Pro-
484
HJ 2 EAS
gram 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 im-
plement the recommendations of the National Academy of
Public Administration’s August 1999 report shall be avail-
able 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.
485
HJ 2 EAS
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 be-
yond the grade structure in place or approved by the Sec-
retary 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 char-
ter 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 char-
ter 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 Bu-
reau-funded schools sharing a campus with a charter school
and performing functions related to the charter school’s op-
eration and employees of a charter school shall not be treat-
486
HJ 2 EAS
ed as Federal employees for purposes of chapter 171 of title
28, United States Code (commonly known as the ‘‘Federal
Tort Claims Act’’).
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$75,217,000, of which: (1) $70,102,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, coral reef initiative activities, and brown tree
snake control and research; grants to the judiciary in Amer-
ican 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) $5,295,000 shall be available for salaries and
expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local govern-
ments herein provided for, including such transactions of
487
HJ 2 EAS
all agencies or instrumentalities established or used by such
governments, may be audited by the General Accounting Of-
fice, 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 Assist-
ance for the Northern Mariana Islands approved by Public
Law 104–134: Provided further, That of the amounts pro-
vided for technical assistance, sufficient funding shall be
made available for a grant to the Close Up Foundation:
Provided further, That the funds for the program of oper-
ations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance im-
provement of capital infrastructure with territorial partici-
pation and cost sharing to be determined by the Secretary
based on the grantee’s commitment to timely maintenance
of its capital assets: Provided further, That any appropria-
tion for disaster assistance under this heading in this Act
or previous appropriations Acts may be used as non-Fed-
eral 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).
488
HJ 2 EAS
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the Mar-
shall Islands as provided for in sections 122, 221, 223, 232,
and 233 of the Compact of Free Association, and for eco-
nomic 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, $20,925,000,
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 Depart-
ment of the Interior, $72,427,000, of which not to exceed
$8,500 may be for official reception and representation ex-
penses, and 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.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$47,773,000.
489
HJ 2 EAS
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector Gen-
eral, $36,239,000, of which $3,812,000 shall be for procure-
ment by contract of independent auditing services to audit
the consolidated Department of the Interior annual finan-
cial statement and the annual financial statement of the
Department of the Interior bureaus and offices funded in
this Act.
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, $151,027,000, to remain available until ex-
pended: Provided, That funds for trust management im-
provements may be transferred, as needed, to the Bureau
of Indian Affairs ‘‘Operation of Indian Programs’’ account
and to the Departmental Management ‘‘Salaries and Ex-
penses’’ account: Provided further, That funds made avail-
able to Tribes and Tribal organizations through contracts
or grants obligated during fiscal year 2003, as authorized
by the Indian Self-Determination Act of 1975 (25 U.S.C.
450 et seq.), shall remain available until expended by the
contractor or grantee: Provided further, That notwith-
standing any other provision of law, the statute of limita-
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HJ 2 EAS
tions shall not commence to run on any claim, including
any claim in litigation pending on the date of the enact-
ment 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 pro-
vide 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 per-
mit the balance in each such account to be withdrawn upon
the express written request of the account holder: Provided
further, That not to exceed $50,000 is available for the Sec-
retary to make payments to correct administrative errors
of either disbursements from or deposits to Individual In-
dian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recov-
ered shall be credited to this account.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian
lands and expenses associated with redetermining and re-
distributing escheated interests in allotted lands, and for
necessary expenses to carry out the Indian Land Consolida-
491
HJ 2 EAS
tion Act of 1983, as amended, by direct expenditure or coop-
erative agreement, $7,980,000, to remain available until ex-
pended and which may be transferred to the Bureau of In-
dian Affairs and Departmental Management.
For implementation of a water rights and habitat ac-
quisition program pursuant to section 10 of Public Law
106–263, $3,000,000, to remain available until expended
and to be derived from the Land and Water Conservation
Fund: Provided, That these funds may be available for
transfer to the Bureau of Indian Affairs.
NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior nec-
essary to carry out the provisions of the Comprehensive En-
vironmental 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.), $5,538,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
492
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craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess 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 notwithstanding any other provision of law,
the Office of Aircraft Services shall transfer to the Sheriff’s
Office, Kane County, Utah, without restriction, a Cessna
U206G, identification number N211S, serial number
20606916, for the purpose of facilitating more efficient law
enforcement activities at Glen Canyon National Recreation
Area and the Grand Staircase Escalante National Monu-
ment: Provided further, That no programs funded with ap-
propriated funds in the ‘‘Departmental Management’’, ‘‘Of-
fice 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 emer-
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
493
HJ 2 EAS
aged 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 pur-
suant 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 Def-
icit Control Act of 1985, and must be replenished by a sup-
plemental appropriation which must be requested as
promptly as possible.
SEC. 102. The Secretary may authorize the expendi-
ture 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 ju-
risdiction; for emergency actions related to potential or ac-
tual earthquakes, floods, volcanoes, storms, or other un-
avoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the pre-
vention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under
494
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the jurisdiction of the Secretary, pursuant to the authority
in section 1773(b) of Public Law 99–198 (99 Stat. 1658);
for emergency reclamation projects under section 410 of
Public Law 95–87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation
and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made
in this title for wildland fire operations shall be available
for the payment of obligations incurred during the pre-
ceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equip-
ment in connection with their use for wildland fire oper-
ations, 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 oper-
ations’’ shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be replen-
ished by a supplemental appropriation which must be re-
495
HJ 2 EAS
quested 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 appropria-
tions 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, equip-
ment, and for services rendered may be credited to the ap-
propriation 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 Sec-
retary, in total amount not to exceed $500,000; hire, main-
tenance, 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 member-
ship in societies or associations which issue publications to
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members only or at a price to members lower than to sub-
scribers 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 con-
tracts 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 ex-
pended by the Department of the Interior for the conduct
of offshore preleasing, leasing and related activities placed
under restriction in the President’s moratorium statement
of June 12, 1998, in the areas of northern, central, and
southern California; the North Atlantic; Washington and
Oregon; and the eastern Gulf of Mexico south of 26 degrees
north latitude and east of 86 degrees west longitude.
SEC. 108. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore oil and natural gas preleasing, leasing, and re-
lated activities, on lands within the North Aleutian Basin
planning area.
SEC. 109. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct offshore
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oil and natural gas preleasing, leasing and related activi-
ties 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 Pro-
gram, 1997–2002.
SEC. 110. No funds provided in this title may be ex-
pended 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 Con-
trolled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
be invested by the Indian tribe, tribal organization, or con-
sortium 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 organiza-
tion, or consortium only in obligations of the United
States, or in obligations or securities that are guaran-
teed or insured by the United States, or mutual (or
other) funds registered with the Securities and Ex-
change Commission and which only invest in obliga-
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tions of the United States or securities that are guar-
anteed 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. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of the Special
Trustee for American Indians and any available unobli-
gated balances from prior appropriations Acts made under
the same headings, shall be available for expenditure or
transfer for Indian trust management activities pursuant
to the Trust Management Improvement Project High Level
Implementation Plan.
SEC. 113. 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 require-
ments 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 provi-
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sions 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 In-
dian probate judge may be paid at a level which exceeds
the maximum rate payable for the highest grade of the Gen-
eral Schedule, including locality pay.
SEC. 114. 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 meth-
odologies. No tribe shall receive a reduction in Tribal Pri-
ority Allocation funds of more than 10 percent in fiscal
year 2003. Under circumstances of dual enrollment, over-
lapping service areas or inaccurate distribution methodolo-
gies, the 10 percent limitation does not apply.
SEC. 115. Funds appropriated for the Bureau of In-
dian Affairs for postsecondary schools for fiscal year 2003
shall be allocated among the schools proportionate to the
unmet need of the schools as determined by the Postsec-
ondary Funding Formula adopted by the Office of Indian
Education Programs.
SEC. 116. (a) The Secretary of the Interior shall take
such action as may be necessary to ensure that the lands
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comprising the Huron Cemetery in Kansas City, Kansas
(as described in section 123 of Public Law 106–291) are
used only in accordance with this section.
(b) The lands of the Huron Cemetery shall be used
only: (1) for religious and cultural uses that are compatible
with the use of the lands as a cemetery; and (2) as a burial
ground.
SEC. 117. Notwithstanding any other provision of law,
in conveying the Twin Cities Research Center under the au-
thority 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. 118. 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. 119. Notwithstanding 31 U.S.C. 3302(b), sums
received by the Bureau of Land Management for the sale
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of seeds or seedlings including those collected in fiscal year
2002, may be credited to the appropriation from which
funds were expended to acquire or grow the seeds or seed-
lings and are available without fiscal year limitation.
SEC. 120. TRIBAL SCHOOL CONSTRUCTION DEM-
ONSTRATION 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 In-
dian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e)).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(4) TRIBALLY CONTROLLED SCHOOL.—The term
‘‘tribally controlled school’’ has the meaning given
that term in section 5212 of the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2511).
(5) DEPARTMENT.—The term ‘‘Department’’
means the Department of the Interior.
(6) 
DEMONSTRATION
PROGRAM.—The 
term
‘‘demonstration program’’ means the Tribal School
Construction Demonstration Program.
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(b) IN GENERAL.—The Secretary shall carry out a
demonstration program for fiscal years 2003 through 2007
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 In-
dian tribe that agrees to fund all future operation
and maintenance costs of the tribally controlled school
constructed under the demonstration program from
other than federal funds 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 deter-
mines appropriate.
(3) GRANT AGREEMENT.—As a condition to re-
ceiving a grant under this section, the Indian tribe
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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 be used only for con-
struction or replacement of a tribally controlled
school.
(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 re-
ceipt of a grant under this section shall not affect the eligi-
bility 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.).
(d) REPORT.—At the conclusion of the five-year dem-
onstration program, the Secretary shall report to Congress
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as to whether the demonstration program has achieved its
purposes of providing additional tribes fair opportunities
to construct tribally controlled schools, accelerating con-
struction of needed educational facilities in Indian Coun-
try, and permitting additional funds to be provided for the
Department’s priority list for construction of replacement
educational facilities.
SEC. 121. WHITE RIVER OIL SHALE MINE, UTAH.
SALE.—Subject to the terms and conditions of section 126
of the Department of the Interior and Related Agencies Act,
2002, the Administrator of General Services shall sell all
right, title, and interest of the United States in and to the
improvements and equipment of the White River Oil Shale
Mine.
SEC. 122. The Secretary of the Interior may use or
contract for the use of helicopters or motor vehicles on the
Sheldon and Hart National Wildlife Refuges for the purpose
of capturing and transporting horses and burros. The provi-
sions of subsection (a) of the Act of September 8, 1959 (73
Stat. 470; 18 U.S.C. 47(a)) shall not be applicable to such
use. Such use shall be in accordance with humane proce-
dures prescribed by the Secretary.
SEC. 123. No funds contained in this Act shall be used
to approve the transfer of lands on South Fox Island,
Michigan until Congress has authorized such transfer.
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SEC. 124. In fiscal year 2003 and each fiscal year
thereafter, notwithstanding any other provision of law, with
respect to a service contract for the provision solely of trans-
portation services at Zion National Park or Rocky Moun-
tain National Park, the Secretary of the Interior may obli-
gate the expenditure of fees expected to be received in that
fiscal year before the fees are received, so long as total obli-
gations do not exceed fee collections retained at Zion Na-
tional Park or Rocky Mountain National Park, respec-
tively, by the end of that fiscal year.
SEC. 125. Section 6(f) of Public Law 88–578 as
amended shall not apply to LWCF program #02–00010.
SEC. 126. None of the funds made available in this
Act or any other Act providing appropriations for the De-
partment of the Interior may be expended or obligated to
issue a Record of Decision or take any action to issue a
right-of-way grant for a pipeline or associated facilities re-
lated to the Cadiz groundwater storage and dry-year supply
program.
SEC. 127. Notwithstanding section 1(d) of Public Law
107–62, the National Park Service is authorized to obligate
$1,000,000 made available in fiscal year 2002 to plan the
John Adams Presidential memorial in cooperation with
non-Federal partners.
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SEC. 128. Notwithstanding any other provision of law,
funds appropriated and remaining available in the Con-
struction (Trust Fund) account of the National Park Serv-
ice at the completion of all authorized projects, shall be
available for the rehabilitation and improvement of Going-
to-the-Sun Road in Glacier National Park.
SEC. 129. Using funds appropriated by section 501(d)
of the Emergency Supplemental Appropriations Act, 1999
(Public Law 106–31), the Secretary shall provide interim
compensation payments of up to $10,000 each within 30
days of the date of the enactment of this Act to all claimants
who filed a claim for compensation under the Glacier Bay
compensation plan and which has not been rejected or with-
drawn and have not received a compensation payment. The
amount of final compensation paid to any such claimant
shall be reduced by the total dollar amount of any interim
compensation payments received.
SEC. 130. Hereafter, the Department of the Interior
National Business Center may continue to enter into
grants, cooperative agreements, and other transactions,
under the Defense Conversion, Reinvestment, and Transi-
tion Assistance Act of 1992, and other related legislation.
SEC. 131. (a) IN GENERAL.—Nothing in section 134
of the Department of the Interior and Related Agencies Ap-
propriations Act, 2002 (115 Stat. 443) affects the decision
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of the United States Court of Appeals for the 10th Circuit
in Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).
(b) USE OF CERTAIN INDIAN LAND.—Nothing in this
section permits the conduct of gaming under the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land
described in section 123 of the Department of the Interior
and Related Agencies Appropriations Act, 2001 (114 Stat.
944), or land that is contiguous to that land, regardless of
whether the land or contiguous land has been taken into
trust by the Secretary of the Interior.
SEC. 132. Section 3(f)(2)(B) of Public Law 99–548
(100 Stat. 3061; 113 Stat. 1501A–168) is amended by strik-
ing ‘‘(iv) Sec. 8.’’ and inserting the following:
‘‘(iv) Sec. 7.
‘‘(v) Sec. 8.’’.
SEC. 133. Of the funds made available under the head-
ing ‘‘United States Fish and Wildlife Service, Construc-
tion’’ in Public Law 107–63 for hangar roof replacement
at Midway Atoll National Wildlife Refuge, not to exceed
$650,000 may be transferred to ‘‘United States Fish and
Wildlife Service, Resource Management’’ for operational
needs at Midway Atoll National Wildlife Refuge.
SEC. 134. Public Law 107–331 is amended in Sections
301(b) and 301(d) by striking the word ‘‘Secretary’’ each
place it appears and inserting in lieu thereof the word ‘‘Di-
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rector’’, and by striking the text of Section 301(c)(3) and
inserting in lieu thereof ‘‘DIRECTOR.—The term ‘Director’
means the Director of the Institute of Museum and Library
Services.’’.
SEC. 135. Section 113 of Public Law 104–208 (31
U.S.C. 501 note.) is amended by deleting ‘‘That such fund
shall be paid in advance’’ and inserting ‘‘That such fund
may be paid in advance’’.
SEC. 136. HISTORICALLY BLACK COLLEGES AND UNI-
VERSITIES. (a) DECREASED
COST-SHARING
REQUIRE-
MENT.—Section 507(c) of the Omnibus Parks and Public
Lands Management Act of 1996 (16 U.S.C. 470a note) is
amended—
(1) by striking ‘‘(1) Except’’ and inserting the
following:
‘‘(1) IN GENERAL.—Except’’;
(2) by striking ‘‘paragraph (2)’’ and inserting
‘‘paragraphs (2) and (3)’’;
(3) by striking ‘‘(2) The Secretary’’ and insert-
ing the following:
‘‘(2) WAIVER.—The Secretary’’;
(4) by striking ‘‘paragraph (1)’’ and inserting
‘‘paragraphs (1) and (3)’’; and
(5) by adding at the end the following:
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‘‘(3) EXCEPTION.—The Secretary shall not obli-
gate funds made available under subsection (d)(2) for
a grant with respect to a building or structure listed
on, or eligible for listing on, the National Register of
Historic Places unless the grantee agrees to provide,
from funds derived from non-Federal sources, an
amount that is equal to 30 percent of the total cost
of the project for which the grant is provided.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
507(d) of the Omnibus Parks and Public Lands Manage-
ment Act of 1996 (16 U.S.C. 470a note) is amended—
(1) by striking ‘‘Pursuant to’’ and inserting the
following:
‘‘(1) IN GENERAL.—Under’’; and
(2) by adding at the end the following:
‘‘(2) ADDITIONAL
FUNDING.—In addition to
amounts made available under paragraph (1), there
is authorized to be appropriated from the Historic
Preservation 
Fund 
to 
carry 
out 
this 
section
$10,000,000 for each of fiscal years 2003 through
2008.’’.
SEC. 137. The document entitled ‘‘Final Environ-
mental Impact Statement for the Renewal of the Federal
Grant for the Trans-Alaska Pipeline System Right-of-Way
(FEIS)’’ dated November 2002, shall be deemed sufficient
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to meet the requirements of section 102(2)(C) of the Na-
tional Environmental Policy Act (42 U.S.C. 4332(2)(C))
with respect to the determination contained in the Record
of Decision dated January 8, 2003 relating to the renewal
of the Federal right-of-way for the Trans-Alaska Pipeline
and related facilities.
SEC. 138. MISSOURI RIVER. It is the sense of the Con-
gress that the member States and tribes of the Missouri
River Basin Association are strongly encouraged to reach
agreement on a flow schedule for the Missouri River as soon
as practicable for 2003.
SEC. 139. TREATMENT OF ABANDONED MINE REC-
LAMATION FUND INTEREST. (a) IN GENERAL.—Notwith-
standing any other provision of law, any interest credited
to the fund established by section 401 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231)
shall be transferred to the Combined Fund identified in sec-
tion 402(h)(2) of such Act (30 U.S.C. 1232(h)(2)), up to
such amount as is estimated by the trustees of such Com-
bined Fund to offset the amount of any deficit in net assets
in the Combined Fund. No transfers made pursuant to this
section shall exceed $34,000,000.
(b) PROHIBITION ON OTHER TRANSFERS.—Except as
provided in subsection (a), no principal amounts in or
credited to the fund established by section 401 of the Surface
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Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231) may be transferred to the Combined Fund identified
in section 402(h)(2) of such Act (30 U.S.C 1232(h)(2)).
(c) LIMITATION.—This section shall cease to have any
force and effect after September 30, 2004.
SEC. 140. Section 511(g)(2)(A) of the Omnibus Parks
and Public Lands Management Act of 1996 (16 U.S.C.
410ddd(g)(2)(A)) is amended by striking ‘‘$2,000,000’’ and
inserting ‘‘$5,000,000’’.
SEC. 141. Congress reaffirms its original intent that
the Herger-Feinstein Quincy Library Group Forest Recov-
ery Act of 1998 be implemented, and hereby extends the ex-
piration of the Quincy Library Group Act by 5 years.
SEC. 142. REPLACEMENT OF COASTAL BARRIER RE-
SOURCES SYSTEM MAP. (a) IN GENERAL.—The map de-
scribed in subsection (b) is replaced, in the maps depicting
the Coastal Barrier Resources System that are referred to
in section 4(a) of the Coastal Barrier Resources Act (16
U.S.C. 3503(a)), by the map entitled ‘‘Plum Tree Island
Unit VA–59P, Long Creek Unit VA–60/VA–60P’’ and dated
May 1, 2002.
(b) DESCRIPTION OF REPLACED MAP.—The map re-
ferred to in subsection (a) is the map that—
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(1) relates to Plum Island Unit VA–59P and
Long Creek Unit VA–60/VA–60P located in Poquoson
and Hampton, Virginia; and
(2) is included in a set of maps entitled ‘Coastal
Barrier Resources System’’, dated October 24, 1990,
revised on October 23, 1992, and referred to in section
4(a) of the Coastal Barrier Resources Act (16 U.S.C.
3503(a)).
(c) AVAILABILITY.—The Secretary of the Interior shall
keep the replacement map described in subsection (b) on
file and available for inspection in accordance with section
4(b) of the Coastal Barrier Resources Act (16 U.S.C.
3503(b)).
SEC. 143. SENSE OF THE SENATE REGARDING SOUTH-
ERN CALIFORNIA OFFSHORE OIL LEASES. (a) FINDINGS.—
Congress finds that—
(1) there are 36 undeveloped oil leases on land
in the southern California planning area of the outer
Continental Shelf that—
(A) have been under review by the Secretary
of the Interior for an extended period of time, in-
cluding some leases that have been under review
for over 30 years; and
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(B) have not been approved for development
under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.);
(2) the oil companies that hold the 36 leases—
(A) have expressed an interest in retiring
the leases in exchange for equitable compensa-
tion; and
(B) are engaged in settlement negotiations
with the Secretary of the Interior for the retire-
ment of the leases; and
(3) it would be a waste of the taxpayer’s money
to continue the process for approval or permitting of
the 36 leases while the Secretary of the Interior and
the lessees are negotiating to retire the leases.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that no funds made available by this Act or any other
Act for any fiscal year should be used by the Secretary of
the Interior to approve any exploration, development, or
production plan for, or application for a permit to drill
on, the 36 undeveloped leases in the southern California
planning area of the outer Continental Shelf during any
period in which the lessees are engaged in settlement nego-
tiations with the Secretary of the Interior for the retirement
of the leases.
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SEC. 144. REPORT ON AVIAN MORTALITY AT COMMU-
NICATIONS TOWERS. (a) IN GENERAL.—Not later than 180
days after the date of enactment of this Act, the Director
of the United States Fish and Wildlife Service, in coopera-
tion with the Chairman of the Federal Communications
Commission and the Administrator of the Federal Aviation
Administration, shall submit to the Committee on Appro-
priations, the Committee on Environment and Public
Works, and the Committee on Commerce, Science, and
Transportation of the Senate a report on avian mortality
at communications towers in the United States.
(b) CONTENTS.—The report submitted under sub-
section (a) shall include—
(1) an estimate of the number of birds that col-
lide with communication towers;
(2) a description of the causes of those collisions;
and
(3) recommendations on how to prevent those
collisions.
SEC. 145. PERMANENT AUTHORITY TO OPERATE THE
STRATEGIC PETROLEUM RESERVE AND OTHER ENERGY
PROGRAMS. (a) AMENDMENT TO TITLE I OF THE ENERGY
POLICY AND CONSERVATION ACT.—Title I of the Energy
Policy and Conservation Act (42 U.S.C. 6211 et seq.) is
amended—
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(1) by striking section 166 (42 U.S.C. 6246) and
inserting—
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 166. There are authorized to be appropriated
to the Secretary such sums as may be necessary to carry
out this part and part D, to remain available until ex-
pended.’’;
(2) by striking section 186 (42 U.S.C. 6250e);
and
(3) by striking part E (42 U.S.C. 6251; relating
to the expiration of title I of the Act).
(b) AMENDMENT TO TITLE II OF THE ENERGY POLICY
AND CONSERVATION ACT.—Title II of the Energy Policy
and Conservation Act (42 U.S.C. 6271 et seq.) is
amended—
(1) by striking section 256(h) (42 U.S.C.
6276(h)) and inserting—
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary such
sums as may be necessary to carry out this part, to remain
available until expended.’’;
(2) by inserting before section 273 (42 U.S.C.
6283) the following:
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‘‘PART C—SUMMER FILL AND FUEL BUDGETING
PROGRAMS’’;
(3) by striking section 273(e) (42 U.S.C. 6283(e);
relating to the expiration of summer fill and fuel
budgeting programs); and
(4) by striking part D (42 U.S.C. 6285; relating
to the expiration of title II of the Act).
(c) TECHNICAL AMENDMENTS.—The table of contents
for the Energy Policy and Conservation Act is amended—
(1) by amending the items relating to part D of
title I to read as follows:
‘‘PART D—NORTHEAST HOME HEATING OIL RESERVE
‘‘Sec. 181. Establishment.
‘‘Sec. 182. Authority.
‘‘Sec. 183. Conditions for release; plan.
‘‘Sec. 184. Northeast Home Heating Oil Reserve Account.
‘‘Sec. 185. Exemptions.’’;
(2) by amending the items relating to part C of
title II to read as follows:
‘‘PART C—SUMMER FILL AND FUEL BUDGETING PROGRAMS
‘‘Sec. 273. Summer fill and fuel budgeting programs.’’;
and
(3) by striking the items relating to part D of
title II.
(d) AMENDMENT TO THE ENERGY POLICY AND CON-
SERVATION ACT.—Section 183(b)(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6250b(b)(1)) is amended
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by inserting ‘‘(considered as a heating season average)’’
after ‘‘mid-October through March’’.
(e) FULL CAPACITY.—The President shall—
(1) fill the Strategic Petroleum Reserve estab-
lished pursuant to part B of title I of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6231 et seq.) to
full capacity as soon as practicable;
(2) acquire petroleum for the Strategic Petro-
leum Reserve by the most practicable and cost-effec-
tive means, including the acquisition of crude oil the
United States is entitled to receive in kind as royal-
ties from production on Federal lands; and
(3) ensure that the fill rate minimizes impacts
on petroleum markets.
(f) RECOMMENDATIONS.—Not later than 180 days
after the date of enactment of this Act, the Secretary of En-
ergy shall submit to the Congress a plan to—
(1) eliminate any infrastructure impediments
that may limit maximum drawdown capability; and
(2) determine whether the capacity of the Stra-
tegic Petroleum Reserve on the date of enactment of
this section is adequate in light of the increasing con-
sumption of petroleum and the reliance on imported
petroleum.
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SEC. 146. MODIFIED WATER DELIVERY PROJECT IN
THE STATE OF FLORIDA. The Corps of Engineers, using
funds made available for modifications authorized by sec-
tion 104 of the Everglades National Park Protection and
Expansion Act of 1989 (16 U.S.C. 410r–8), may imme-
diately carry out alternative 6D (including paying 100 per-
cent of the cost of acquiring land or an interest in land)
for the purpose of providing a flood protection system for
the 8.5 square mile area described in the report entitled
‘‘Central and South Florida Project, Modified Water Deliv-
eries to Everglades National Park, Florida, 8.5 Square Mile
Area, General Reevaluation Report and Final Supple-
mental Environmental Impact Statement’’ and dated July
2000.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland re-
search as authorized by law, $247,804,000, to remain avail-
able until expended.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and pro-
viding technical and financial assistance to States, terri-
tories, possessions, and others, and for forest health manage-
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ment, treatment of pests, pathogens, and invasive plants,
cooperative forestry, and education and land conservation
activities and conducting an international program as au-
thorized, $297,472,000, to remain available until expended,
as authorized by law: Provided, That notwithstanding any
other provision of law, of the funds provided under this
heading, $2,000,000 shall be made available to Kake Tribal
Corporation as an advanced direct lump sum payment to
implement the Kake Tribal Corporation Land Transfer Act
(Public Law 106–283).
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not other-
wise provided for, for management, protection, improve-
ment, and utilization of the National Forest System,
$1,352,999,000, 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 Con-
servation Fund Act of 1965, as amended, in accordance
with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,
That unobligated balances available at the start of fiscal
year 2003 shall be displayed by budget line item in the fis-
cal year 2004 budget justification: Provided further, That
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
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Forest System lands: Provided further, That of the funds
provided under this heading for Forest Products, $4,000,000
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 fur-
ther, That within funds available for the purpose of imple-
menting the Valles Caldera Preservation Act, notwith-
standing the limitations of section 107(e)(2) of the Valles
Caldera Preservation Act (Public Law 106–248), for fiscal
year 2003, the members of the Board of Trustees of the
Valles Caldera Trust may receive, upon request, compensa-
tion for each day (including travel time) that they are en-
gaged in the performance of the functions of the Board, ex-
cept that compensation shall not exceed the daily equivalent
of the annual rate in effect for members of the Senior Execu-
tive Service at the ES–1 level, and shall be in addition to
any reimbursement for travel, subsistence and other nec-
essary expenses incurred by them in the performance of
their duties, and except that 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.
521
HJ 2 EAS
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, hazardous fuel reduction
on or adjacent to such lands, and for emergency rehabilita-
tion of burned-over National Forest System lands and
water, $1,351,791,000, to remain available until expended:
Provided, That such funds including unobligated balances
under this head, 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 fis-
cal year 2002 shall be transferred, as repayment for past
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, $8,000,000 of funds appropriated under
this appropriation shall be used for Fire Science Research
in support of the Joint Fire Science Program: Provided fur-
ther, That all authorities for the use of funds, including the
use of contracts, grants, and cooperative agreements, avail-
able to execute the Forest and Rangeland Research appro-
priation, are also available in the utilization of these funds
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for Fire Science Research: Provided further, That funds
provided shall be available for emergency rehabilitation and
restoration, hazard reduction activities in the urban-
wildland interface, support to Federal emergency response,
and wildfire suppression activities of the Forest Service:
Provided further, That funds for hazardous fuel treatment
under this heading may be used for the County Partnership
Restoration Program for forest restoration on the Apache-
Sitgreaves National Forest in Arizona, the Lincoln Na-
tional Forest in New Mexico, and the Grand Mesa,
Uncompahgre and Gunnison National Forest in Colorado:
Provided further, That of the funds provided, $228,109,000
is for hazardous fuel treatment, $6,124,000 is for rehabilita-
tion and restoration, of which $2,500,000 may be for reha-
bilitation and restoration on the Apache-Sitgreaves Na-
tional Forest, $21,427,000 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.), $46,555,000 is for state
fire assistance, $8,240,000 is for volunteer fire assistance,
$11,934,000 is for forest health activities on state, private,
and Federal lands: Provided further, That amounts in this
paragraph may be transferred to the ‘‘State and Private
Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and
Rangeland Research’’ accounts to fund state fire assistance,
523
HJ 2 EAS
volunteer fire assistance, and forest health management,
vegetation and watershed management, heritage site reha-
bilitation, wildlife and fish habitat management: Provided
further, That transfers of any amounts in excess of those
authorized in this paragraph, shall require approval of the
House and Senate Committees on Appropriations in com-
pliance 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: Pro-
vided further, That in entering into such grants or coopera-
tive agreements, the Secretary may consider the enhance-
ment of local and small business employment opportunities
for rural communities, and that in entering into procure-
ment 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 opportuni-
ties in rural communities, and that the Secretary may
award procurement contracts, grants, or cooperative agree-
ments under this section to entities that include local non-
profit entities, Youth Conservation Corps or related part-
nerships with State, local or non-profit youth groups, or
small or disadvantaged businesses: Provided further, That
in addition to funds provided for State Fire Assistance pro-
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HJ 2 EAS
grams, and subject to all authorities available to the Forest
Service under the State and Private Forestry Appropria-
tion, up to $15,000,000 may be used on adjacent non-Fed-
eral lands for the purpose of protecting communities when
hazard reduction activities are planned on national forest
lands that have the potential to place such communities at
risk: Provided further, That included in funding for haz-
ardous fuel reduction is $5,000,000 for implementing the
Community Forest Restoration Act, Public Law 106–393,
title VI, and any portion of such funds shall be available
for use on non-Federal lands in accordance with authorities
available to the Forest Service under the State and Private
Forestry Appropriation: Provided further, That in expend-
ing the funds provided with respect to this Act for haz-
ardous fuels reduction, the Secretary of the Interior and the
Secretary of Agriculture may conduct fuel reduction treat-
ments on Federal lands using all contracting and hiring
authorities available to the Secretaries applicable to haz-
ardous fuel reduction activities under the wildland fire
management accounts. Notwithstanding Federal govern-
ment procurement and contracting laws, the Secretaries
may conduct fuel reduction treatments, rehabilitation and
restoration, and other activities authorized in this section,
on and adjacent to Federal lands using grants and coopera-
tive agreements. Notwithstanding Federal government pro-
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HJ 2 EAS
curement and contracting laws, in order to provide employ-
ment and training opportunities to people in rural commu-
nities, the Secretaries may award contracts, including con-
tracts for monitoring activities, to—
(1) local private, nonprofit, or cooperative enti-
ties;
(2) Youth Conservation Corps crews or related
partnerships, with State, local and non-profit youth
groups;
(3) small or micro-businesses; or
(4) other entities that will hire or train a sig-
nificant 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 haz-
ardous fuels reduction activities in the urban
wildland interface are obligated.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not other-
wise provided for, $543,656,000, to remain available until
expended for construction, reconstruction, maintenance and
acquisition of buildings and other facilities, and for con-
struction, 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,
526
HJ 2 EAS
That no funds shall be expended to decommission any sys-
tem road until notice and an opportunity for public com-
ment has been provided on each decommissioning project:
Provided further, That the Forest Service shall transfer
$500,000 appropriated in Public Law 107–63 within the
Capital Improvement and Maintenance appropriation, to
the State and Private Forestry appropriation, and shall
provide these funds in an advance direct lump sum pay-
ment to Purdue University for planning and construction
of a hardwood tree improvement and generation facility:
Provided further, That notwithstanding any provision of
law, funds provided for construction of facilities at Purdue
University in Indiana in this Act, in the amount of
$3,100,000 shall be available to the University.
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 admin-
istrative expenses, and for acquisition of land or waters,
or interest therein, in accordance with statutory authority
applicable to the Forest Service, $145,763,000 to be derived
from the Land and Water Conservation Fund and to re-
main available until expended.
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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, Cali-
fornia, 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 govern-
ments, public school districts, or other public school authori-
ties 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, protec-
tion, 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 adminis-
trative expenses associated with on-the-ground range reha-
bilitation, protection, and improvements.
528
HJ 2 EAS
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), $5,542,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (1) purchase of not to ex-
ceed 113 passenger motor vehicles of which 10 will be used
primarily for law enforcement purposes and of which 113
shall be for replacement; acquisition of 25 passenger motor
vehicles from excess sources, and hire of such vehicles; oper-
ation and maintenance of aircraft, the purchase of not to
exceed seven for replacement only, and acquisition of suffi-
cient aircraft from excess sources to maintain the operable
fleet at 195 aircraft for use in Forest Service wildland fire
programs and other Forest Service programs; notwith-
standing other provisions of law, existing aircraft being re-
placed may be sold, with proceeds derived or trade-in value
529
HJ 2 EAS
used to offset the purchase price for the replacement air-
craft; (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 pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the Na-
tional 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 accord-
ance 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 admin-
istration 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 Manage-
ment appropriation for forest firefighting, emergency reha-
bilitation 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 emer-
gency contingent funds under the heading ‘‘Wildland Fire
530
HJ 2 EAS
Management’’ have been released by the President and ap-
portioned.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national 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 inter-
national organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the provi-
sions of section 702(b) of the Department of Agriculture Or-
ganic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless
the proposed transfer is approved in advance by the House
and Senate Committees on Appropriations in compliance
with the reprogramming procedures contained in House Re-
port 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 ac-
cordance with the procedures contained in House Report
No. 105–163.
531
HJ 2 EAS
No funds available to the Forest Service shall be trans-
ferred to the Working Capital Fund of the Department of
Agriculture that exceed the total amount transferred during
fiscal year 2000 for such purposes without the advance ap-
proval of the House and Senate Committees on Appropria-
tions.
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.
Of the funds available to the Forest Service, $2,500 is
available to the Chief of the Forest Service for official recep-
tion 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 Na-
tional Forest System lands or related to Forest Service pro-
grams: 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
532
HJ 2 EAS
least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may trans-
fer 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 authorized
investments of Federal funds held by the Foundation 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 fi-
nancial assistance, without regard to when expenses are in-
curred, for projects on or benefitting National Forest Sys-
tem lands or related to Forest Service programs: Provided,
That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to
match on at least one-for-one basis funds advanced by the
Forest Service: Provided further, That the Foundation may
transfer Federal funds to a non-Federal recipient for a
project at the same rate that the recipient has obtained the
non-Federal matching funds.
533
HJ 2 EAS
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural develop-
ment purposes.
Notwithstanding any other provision of law, 80 per-
cent 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 ac-
tivities 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 se-
lection and prioritization shall be accomplished by the For-
est Service with such consultation with the State of Wash-
ington 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 appro-
priate with the Pinchot Institute for Conservation, as well
534
HJ 2 EAS
as with public and other private agencies, organizations,
institutions, and individuals, to provide for the develop-
ment, 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, organiza-
tion, institution, or individual may solicit, accept, and ad-
minister private gifts of money and real or personal prop-
erty for the benefit of, or in connection with, the activities
and services at the Grey Towers National Historic Land-
mark: 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 ap-
propriations 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 as-
sistance or participation requested by the Forest Service at
535
HJ 2 EAS
meetings, training sessions, management reviews, land pur-
chase negotiations and similar non-litigation related mat-
ters. 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.
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 $1,000,000.
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 Na-
tional Forest.
The Secretary of Agriculture may transfer or reim-
burse funds available to the Forest Service, not to exceed
$15,000,000, to the Secretary of the Interior or the Sec-
retary of Commerce to expedite conferencing and consulta-
tions as required under section 7 of the Endangered Species
Act, 16 U.S.C. 1536. The amount of the transfer or reim-
536
HJ 2 EAS
bursement shall be as mutually agreed by the Secretary of
Agriculture and the Secretary of the Interior or Secretary
of Commerce, as applicable, or their designees. The amount
shall in no case exceed the actual costs of consultation and
conferencing.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL)
Of the funds made available under this heading for
obligation in prior years, $70,000,000 shall not be available
until October 1, 2003: Provided, That funds made available
in previous appropriations Acts shall be available for any
ongoing project regardless of the separate request for pro-
posal under which the project was selected.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
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 de-
feasible 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),
$625,665,000, to remain available until expended, of which
537
HJ 2 EAS
$4,000,000 is to continue a multi-year project for construc-
tion, renovation, furnishing, and demolition or removal of
buildings at National Energy Technology Laboratory facili-
ties in Morgantown, West Virginia and Pittsburgh, Penn-
sylvania; and of which $150,000,000 are to be made avail-
able, after coordination with the private sector, for a request
for proposals for a Clean Coal Power Initiative providing
for competitively-awarded research, development, and dem-
onstration projects to reduce the barriers to continued and
expanded coal use: Provided, That no project may be se-
lected for which sufficient funding is not available to pro-
vide for the total project: Provided further, That funds shall
be expended in accordance with the provisions governing
the use of funds contained under the heading ‘‘Clean Coal
Technology’’ in prior appropriations: Provided further,
That the Department may include provisions for repayment
of Government contributions to individual projects in an
amount up to the Government contribution to the project
on terms and conditions that are acceptable to the Depart-
ment including repayments from sale and licensing of tech-
nologies from both domestic and foreign transactions: Pro-
vided further, That such repayments shall be retained by
the Department for future coal-related research, develop-
ment and demonstration projects: Provided further, That
any technology selected under this program shall be consid-
538
HJ 2 EAS
ered a Clean Coal Technology, and any project selected
under this program shall be considered a Clean Coal Tech-
nology Project, for the purposes of 42 U.S.C. § 7651n, and
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.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out naval petroleum
and oil shale reserve activities, $20,831,000, to remain
available until expended: Provided, 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 pay-
ments 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, 2003
for payment to the State of California for the State Teach-
540
HJ 2 EAS
Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), $7,000,000, to remain available until
expended.
NORTHEAST HOME HEATING OIL RESERVE
For necessary expenses for Northeast Home Heating
Oil Reserve storage, operations, and management activities
pursuant to the Energy Policy and Conservation Act of
2000, $6,000,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $80,111,000, 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, re-
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
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 fi-
nance authorized price support or loan guarantee programs
541
HJ 2 EAS
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 Sec-
retary of Energy, to be available until expended, and used
only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-
sharing contracts or agreements: Provided further, That the
remainder of revenues after the making of such payments
shall be covered into the Treasury as miscellaneous receipts:
Provided further, That any contract, agreement, or provi-
sion 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 3 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
542
HJ 2 EAS
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 procure-
ment documents for programs or projects for which appro-
priations 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 con-
tributions in cooperation with other Federal, State or pri-
vate 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 In-
dian Health Service, $2,455,881,000, together with pay-
ments 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
543
HJ 2 EAS
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 $18,000,000 shall
remain available until expended, for the Indian Cata-
strophic Health Emergency Fund: Provided further, That
$450,130,000 for contract medical care shall remain avail-
able for obligation until September 30, 2004: Provided fur-
ther, 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 per-
formed in two fiscal years, so long as the total obligation
is recorded in the year for which the funds are appro-
priated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the author-
ity 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 re-
quirements 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,
544
HJ 2 EAS
and in any earlier appropriations Acts for scholarship pro-
grams under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available for obligation until
September 30, 2004: Provided further, That amounts re-
ceived 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 $270,734,000 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 organiza-
tion pursuant to the Indian Self-Determination Act of
1975, as amended, prior to or during fiscal year 2003, of
which not to exceed $2,500,000 may be used for contract
support costs associated with new or expanded self-deter-
mination contracts, grants, self-governance compacts or an-
nual funding agreements: Provided further, That notwith-
standing any other provision of law, contributions author-
ized by 10 U.S.C. 1111 for the Uniformed Service of the
Public Health Service shall be paid in fiscal year 2003 from
the Department of Health and Human Services’s Retire-
ment Pay and Medical Benefits for Commissioned Officers
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account without charges billed to the Indian Health Service:
Provided further, That the provisions of 10 U.S.C. 1116
shall not apply to the Indian Health Service: Provided fur-
ther, That funds available for the Indian Health Care Im-
provement Fund may be used, as needed, to carry out ac-
tivities typically funded under the Indian Health Facilities
account: Provided further, That of the amounts provided
for Indian Health Services, $15,000,000 is provided to the
Alaska Federation of Natives for alcohol control, prevention,
treatment, sobriety and wellness, of which at least $100,000
shall be available for an independent third party to conduct
an evaluation of the program: Provided further, That no
more than 5 percent may be used by any entity receiving
funding for administrative overhead including indirect
costs: Provided further, That prior to the release of funds
to a regional Native non-profit entity, it must enter into
an agreement with the regional Native health corporation
on allocation of resources to avoid duplication of effort and
to foster cooperation.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities, in-
cluding quarters for personnel; preparation of plans, speci-
fications, and drawings; acquisition of sites, purchase and
erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
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facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter-
mination 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 re-
spect to environmental health and facilities support activi-
ties of the Indian Health Service, $365,390,000, to remain
available until expended: Provided, That notwithstanding
any other provision of law, funds appropriated for the plan-
ning, 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 con-
tinue a priority project for the acquisition of land, plan-
ning, design and construction of 79 staff quarters in the
Bethel service area, pursuant to the negotiated project
agreement between the YKHC and the Indian Health Serv-
ice: Provided further, That this project shall not be subject
to the construction provisions of the Indian Self-Determina-
tion and Education Assistance Act and shall be removed
from the Indian Health Service priority list upon comple-
tion: Provided further, That the Federal Government shall
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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 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 facili-
ties: Provided further, That none of the funds appropriated
to the Indian Health Service may be used for sanitation
facilities construction for new homes funded with grants by
the housing programs of the U.S. Department of Housing
and Urban Development: Provided further, That not to ex-
ceed $1,000,000 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 Gen-
eral 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 fur-
ther, That notwithstanding the provisions of title III, sec-
tion 306, of the Indian Health Care Improvement Act (Pub-
lic Law 94–437, as amended), construction contracts au-
thorized under title I of the Indian Self-Determination and
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Education Assistance Act of 1975, as amended, may be used
rather than grants to fund small ambulatory facility con-
struction 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 Govern-
ment have any rights or title to any real or personal prop-
erty acquired as a part of the contract: Provided further,
That notwithstanding any other provision of law or regula-
tion, for purposes of acquiring sites for a new clinic and
staff quarters in St. Paul Island, Alaska, the Secretary of
Health and Human Services may accept land donated by
the Tanadgusix Corporation.
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 therefor as authorized by 5
U.S.C. 5901–5902; and for expenses of attendance at meet-
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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
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
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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.
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, including pay-
ment in advance with subsequent adjustment. The reim-
bursements received therefrom, along with the funds received
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from those entities pursuant to the Indian Self-Determina-
tion Act, may be credited to the same or subsequent appro-
priation account which provided the funding. Such
amounts shall remain available until expended.
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.
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, $14,491,000, 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
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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
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), $5,130,000, of which $1,000,000 shall remain
available until expended for construction of the Library
Technology Center.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
(INCLUDING RESCISSION)
For necessary expenses of the Smithsonian Institution,
as authorized by law, including research in the fields of art,
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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
uniforms for employees, $450,760,000, of which not to ex-
ceed $43,884,000 for the instrumentation program, collec-
tions acquisition, exhibition reinstallation, the National
Museum of the American Indian, and the repatriation of
skeletal remains program shall remain available until ex-
pended, and including such funds as may be necessary to
support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research
Centers: Provided, That funds appropriated herein are
available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropria-
tions designated in this Act for lease or rent payments for
long term and swing space, as rent payable to the Smithso-
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nian 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 trans-
fer 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 ac-
quiring the 900 H Street building or of planning, design-
ing, and constructing improvements to such building: Pro-
vided further, That from unobligated balances of prior year
appropriations, $14,100,000 is rescinded.
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, including necessary personnel,
by contract or otherwise, as authorized by section 2 of the
Act of August 22, 1949 (63 Stat. 623), $78,300,000, to re-
main available until expended, of which $16,750,000 is pro-
vided for maintenance, repair, rehabilitation and alteration
of facilities at the National Zoological Park, and of which
not to exceed $100,000 is for services as authorized by 5
U.S.C. 3109: Provided, That contracts awarded for environ-
mental systems, protection systems, and repair or restora-
tion of facilities of the Smithsonian Institution may be ne-
555
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gotiated with selected contractors and awarded on the basis
of contractor qualifications as well as price: Provided fur-
ther, That notwithstanding any other provision of law, a
single procurement contract for the repair and renovation
of the Patent Office Building may be issued which includes
the full scope of the project: Provided further, That the solic-
itation of the contract and the contract shall contain the
clause ‘‘availability of funds’’ found at 48 C.F.R. 52.232–
18.
CONSTRUCTION
For necessary expenses for construction of the National
Museum of the American Indian, including necessary per-
sonnel, $16,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
None of the funds in this or any other Act may be
used to make any changes to the existing Smithsonian
science programs including closure of facilities, relocation
of staff or redirection of functions and programs without
approval from the Board of Regents of recommendations re-
ceived from the Science Commission.
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.
None of the funds in this or any other Act may be
used for the Holt House located at the National Zoological
556
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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 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-
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
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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, $77,219,000, 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, $16,230,000, 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
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, $16,310,000.
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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,
$17,600,000, 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, $8,488,000.
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, $116,489,000, shall be available to the National
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,
including $17,000,000 for support of arts education and
public outreach activities through the Challenge America
program, for program support, and for administering the
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functions of the Act, to remain available until expended:
Provided, That funds previously appropriated to the Na-
tional 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 Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $109,632,000, 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, $16,122,000, to remain available until
expended, of which $10,436,000 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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HJ 2 EAS
and preceding fiscal years for which equal amounts have
not previously been appropriated.
ADMINISTRATIVE PROVISION
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.
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), $1,224,000:
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.
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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),
$3,667,000: 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-
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),
$38,663,000, 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.
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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,
$21,327,000 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.
SEC. 302. 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. 303. 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. 304. 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-
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ants to any officer or employee of such department or agen-
cy except as otherwise provided by law.
SEC. 305. 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 Appro-
priations and are approved by such committees.
SEC. 306. 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 2002.
SEC. 307. 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. 308. (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, 2003, 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. 309. 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, 106–291, and
107–63 for payments to tribes and tribal organizations for
contract support costs associated with self-determination or
self-governance contracts, grants, compacts, or annual fund-
ing 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 2002 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. 310. Notwithstanding any other provision of law,
for fiscal year 2003 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, Idaho, Montana, 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. 311. 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-
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
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contents of the season, including identified programs
and/or projects.
SEC. 312. 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
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. 313. (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:
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(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.
(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—
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(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
(4) the Chairperson shall encourage the use of
grants to improve and support community-based
music performance and education.
SEC. 314. 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. 315. 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.
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SEC. 316. Notwithstanding any other provision of law,
none of the funds in this Act may be used for GSA Tele-
communication Centers.
SEC. 317. 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. 318. Amounts deposited during fiscal year 2002
in the roads and trails fund provided for in the 14th para-
graph 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 re-
construct roads, bridges, and trails on National Forest Sys-
tem lands or to carry out and administer projects to im-
prove 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
projects may be completed in a subsequent fiscal year.
Funds shall not be expended under this section to replace
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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 environ-
mental law.
SEC. 319. No timber sale in Region 10 shall be adver-
tised if the indicated rate is deficit when appraised using
a residual value approach that assigns domestic Alaska val-
ues for western redcedar. Program accomplishments shall
be based on volume sold. Should Region 10 sell, in fiscal
year 2003, the annual average portion of the decadal allow-
able sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when ap-
praised using a residual value approach that assigns do-
mestic Alaska values for western redcedar, all of the western
redcedar timber from those sales which is surplus to the
needs of domestic processors in Alaska, shall be made avail-
able to domestic processors in the contiguous 48 United
States at prevailing domestic prices. Should Region 10 sell,
in fiscal year 2003, less than the annual average portion
of the decadal allowable sale quantity called for in the
Tongass Land Management Plan in sales which are not def-
icit when appraised using a residual value approach that
assigns domestic Alaska values for western redcedar, the vol-
ume of western redcedar timber available to domestic proc-
essors at prevailing domestic prices in the contiguous 48
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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 redcedar 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 cur-
rent 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
redcedar is eligible for sale to various markets shall be made
at the time each sale is awarded). Western redcedar 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
redcedar logs from a given sale to domestic Alaska proc-
essors at a price equal to or greater than the log selling
value stated in the contract. All additional western redcedar
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. 320. A project undertaken by the Forest Service
under the Recreation Fee Demonstration Program as au-
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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-
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-
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quent operator can be found through the offering of a new
prospectus.
SEC. 321. REVISION OF FOREST PLANS. Prior to Octo-
ber 1, 2003, the Secretary of Agriculture shall not be consid-
ered to be in violation of subparagraph 6(f)(5)(A) of the
Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than
15 years have passed without revision of the plan for a unit
of the National Forest System. Nothing in this section ex-
empts the Secretary from any other requirement of the For-
est and Rangeland Renewable Resources Planning Act (16
U.S.C. 1600 et seq.) or any other law: Provided, That if
the Secretary is not acting expeditiously and in good faith,
within the funding available, to revise a plan for a unit
of the National Forest System, this section shall be void
with respect to such plan and a court of proper jurisdiction
may order completion of the plan on an accelerated basis.
SEC. 322. No funds provided in this Act may be ex-
pended to conduct preleasing, leasing and related activities
under either the Mineral Leasing Act (30 U.S.C. 181 et seq.)
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.) within the boundaries of a National Monument es-
tablished pursuant to the Act of June 8, 1906 (16 U.S.C.
431 et seq.) as such boundary existed on January 20, 2001,
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except where such activities are allowed under the Presi-
dential proclamation establishing such monument.
SEC. 323. Section 347(a) of the Department of the In-
terior and Related Agencies Appropriations Act, 1999, as
included in Public Law 105–277 is amended by striking
‘‘2004’’ and inserting ‘‘2005’’. 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 105–277 is hereby ex-
panded to authorize the Forest Service to enter into an ad-
ditional 28 contracts subject to the same terms and condi-
tions as provided in that section: Provided, That of the ad-
ditional contracts authorized by this section at least 9 shall
be allocated to Region 1.
SEC. 324. Employees of the foundations established by
Acts of Congress to solicit private sector funds on behalf
of Federal land management agencies shall, beginning in
fiscal year 2004, qualify for General Service Administra-
tion contract airfares.
SEC. 325. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance
Act (42 U.S.C. 1856m) the Secretary of Agriculture and
the Secretary of the Interior are authorized to enter into
reciprocal agreements in which the individuals furnished
under said agreements to provide wildfire services are con-
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sidered, for purposes of tort liability, employees of the coun-
try receiving said services when the individuals are fighting
fires. The Secretary of Agriculture or the Secretary of the
Interior shall not enter into any agreement under this pro-
vision unless the foreign country (either directly or through
its fire organization) agrees to assume any and all liability
for the acts or omissions of American firefighters engaged
in firefighting in a foreign country. When an agreement
is reached for furnishing fire fighting services, the only rem-
edies for acts or omissions committed while fighting fires
shall be those provided under the laws of the host country
and those remedies shall be the exclusive remedies for any
claim arising out of fighting fires in a foreign country. Nei-
ther the sending country nor any organization associated
with the firefighter shall be subject to any action whatsoever
pertaining to or arising out of fighting fires.
SEC. 326. A grazing permit or lease issued by the Sec-
retary of the Interior or a grazing permit issued by the Sec-
retary of Agriculture where National Forest System lands
are involved that expires, is transferred, or waived during
fiscal year 2003 shall be renewed under Section 402 of the
Federal Land Policy and Management Act of 1976, as
amended (43 U.S.C. 1752), Section 19 of the Granger-Thye
Act, as amended (16 U.S.C. 580l), title III of the Bankhead-
Jones Farm Tenant Act (7 U.S.C. 1010 et seq.), or, if appli-
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cable, section 510 of the California Desert Protection Act
(16 U.S.C. 410aaa–50). The terms and conditions con-
tained in the expired, transferred, or waived permit or lease
shall continue in effect under the renewed permit or lease
until such time as the Secretary of the Interior or Secretary
of Agriculture as appropriate completes processing of such
permit or lease in compliance with all applicable laws and
regulations, at which time such permit or lease may be can-
celed, 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 statutory
authority of the Secretary of the Interior or the Secretary
of Agriculture: Provided, That where National Forest Sys-
tem lands are involved and the Secretary of Agriculture has
renewed an expired or waived grazing permit prior to fiscal
year 2003 under the authority of Section 504 of the Rescis-
sions Act of 1995 (Public Law 104–19), the terms and con-
ditions of the renewed grazing permit shall remain in effect
until such time as the Secretary of Agriculture completes
processing of the renewed permit in compliance with all ap-
plicable laws and regulations or until the expiration of the
renewed permit, whichever comes first. Upon completion of
the processing, the permit may be canceled, suspended or
modified, in whole or in part, to meet the requirements of
applicable laws and regulations. Nothing in this section
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shall be deemed to alter the Secretary of Agriculture’s statu-
tory authority.
SEC. 327. In awarding a Federal Contract with funds
made available by this Act, the Secretary of Agriculture and
the Secretary of the Interior (the ‘‘Secretaries’’) may, in
evaluating bids and proposals, give consideration to local
contractors who are from, and who provide employment
and training for, dislocated and displaced workers in an
economically disadvantaged rural community, including
those historically timber-dependent areas that have been af-
fected by reduced timber harvesting on Federal lands and
other forest-dependent rural communities isolated from sig-
nificant alternative employment opportunities: Provided,
That the contract is for forest hazardous fuels reduction,
watershed or water quality monitoring or restoration, wild-
life or fish population monitoring, or habitat restoration
or management: Provided further, That the terms ‘‘rural
community’’ and ‘‘economically disadvantaged’’ shall have
the same meanings as in section 2374 of Public Law 101–
624: Provided further, That the Secretaries shall develop
guidance to implement this section: Provided further, That
nothing in this section shall be construed as relieving the
Secretaries of any duty under applicable procurement laws,
except as provided in this section.
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SEC. 328. Section 401(e)(4)(B) of Public Law 105–83
is amended after ‘‘Not more than’’ by striking ‘‘5 percent’’
and inserting ‘‘15 percent’’.
SEC. 329. The Record of Decision for the 2002 Supple-
mental Environmental Impact Statement for the 1997
Tongass Land Management Plan shall not be reviewed
under any Forest Service administrative appeal process,
and its adequacy shall not be subject to judicial review by
any court of the United States.
SEC. 330. Section 7(c) of Public Law 106–143 is
amended by striking ‘‘2001’’ and inserting ‘‘2004’’.
SEC. 331. CLARIFICATION OF ALASKA NATIVE SET-
TLEMENT TRUSTS. (a) Section 1629b of title 43, United
States Code, is amended—
(1) at subsection (d)(1) by striking ‘‘An’’ and in-
serting in its place ‘‘Except as otherwise set forth in
subsection (d)(3) of this section, an’’;
(2) by creating the following new subsection:
‘‘(d)(3) A resolution described in subsection (a)(3) of
this section shall be considered to be approved by the share-
holders of a Native Corporation if it receives the affirmative
vote of shares representing—
‘‘(A) a majority of the shares present or rep-
resented by proxy at the meeting relating to such reso-
lution, or
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HJ 2 EAS
‘‘(B) an amount of shares greater than a major-
ity of the shares present or represented by proxy at
the meeting relating to such resolution (but not great-
er than two-thirds of the total voting power of the cor-
poration) if the corporation establishes such a level by
an amendment to its articles of incorporation.’’;
(3) by creating the following new subsection:
‘‘(f) SUBSTANTIALLY ALL OF THE ASSETS.—For pur-
poses of this section and section 1629e of this title, a Native
Corporation shall be considered to be transferring all or
substantially all of its assets to a Settlement Trust only
if such assets represent two-thirds or more of the fair market
value of the Native Corporation’s total assets.’’.
(b) Section 1629e(a)(3) of title 43, United States Code,
is amended by striking subparagraph (B) and inserting in
its place the following:
‘‘(B) shall give rise to dissenters rights to
the extent provided under the laws of the State
only if—
‘‘(i) the rights of beneficiaries in the
Settlement Trust receiving a conveyance are
inalienable; and
‘‘(ii) a shareholder vote on such trans-
fer is required by (a)(4) of section 1629b of
this title.’’.
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TITLE IV—T’UF SHUR BIEN
PRESERVATION TRUST AREA
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘T’uf Shur Bien Preser-
vation Trust Area Act’’.
SEC. 402. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) in 1748, the Pueblo of Sandia received a
grant from a representative of the King of Spain,
which grant was recognized and confirmed by Con-
gress in 1858 (11 Stat. 374); and
(2) in 1994, the Pueblo filed a civil action
against the Secretary of the Interior and the Sec-
retary of Agriculture in the United States District
Court for the District of Columbia (Civil No.
1:94CV02624), asserting that Federal surveys of the
grant boundaries erroneously excluded certain land
within the Cibola National Forest, including a por-
tion of the Sandia Mountain Wilderness.
(b) PURPOSES.—The purposes of this title are—
(1) to establish the T’uf Shur Bien Preservation
Trust Area in the Cibola National Forest;
(2) to confirm the status of national forest land
and wilderness land in the Area while resolving issues
associated with the civil action referred to in sub-
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section (a)(2) and the opinions of the Solicitor of the
Department of the Interior dated December 9, 1988
(M–36963; 96 I.D. 331) and January 19, 2001 (M–
37002); and
(3) to provide the Pueblo, the parties to the civil
action, and the public with a fair and just settlement
of the Pueblo’s claim.
SEC. 403. DEFINITIONS.
In this title:
(1) AREA.—
(A) IN GENERAL.—The term ‘‘Area’’ means
the T’uf Shur Bien Preservation Trust Area,
comprised of approximately 9890 acres of land
in the Cibola National Forest, as depicted on the
map.
(B) EXCLUSIONS.—The term ‘‘Area’’ does
not include—
(i) the subdivisions;
(ii) Pueblo-owned land;
(iii) the crest facilities; or
(iv) the special use permit area.
(2) CREST FACILITIES.—The term ‘‘crest facili-
ties’’ means—
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(A) all facilities and developments located
on the crest of Sandia Mountain, including the
Sandia Crest Electronic Site;
(B) electronic site access roads;
(C) the Crest House;
(D) the upper terminal, restaurant, and re-
lated facilities of Sandia Peak Tram Company;
(E) the Crest Observation Area;
(F) parking lots;
(G) restrooms;
(H) the Crest Trail (Trail No. 130);
(I) hang glider launch sites;
(J) the Kiwanis cabin; and
(K) the land on which the facilities de-
scribed in subparagraphs (A) through (J) are lo-
cated and the land extending 100 feet along ter-
rain to the west of each such facility, unless a
different distance is agreed to in writing by the
Secretary and the Pueblo and documented in the
survey of the Area.
(3) EXISTING
USE.—The term ‘‘existing use’’
means a use that—
(A) is occurring in the Area as of the date
of enactment of this Act; or
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HJ 2 EAS
(B) is authorized in the Area after Novem-
ber 1, 1995, but before the date of enactment of
this Act.
(4) LA LUZ TRACT.—The term ‘‘La Luz tract’’
means the tract comprised of approximately 31 acres
of land owned in fee by the Pueblo and depicted on
the map.
(5) LOCAL PUBLIC BODY.—The term ‘‘local pub-
lic body’’ means a political subdivision of the State
of New Mexico (as defined in New Mexico Code 6–5–
1).
(6) MAP.—The term ‘‘map’’ means the Forest
Service map entitled ‘‘T’uf Shur Bien Preservation
Trust Area’’ and dated April 2000.
(7) MODIFIED USE.—
(A) IN GENERAL.—The term ‘‘modified use’’
means an existing use that, at any time after the
date of enactment of this Act, is modified or
reconfigured but not significantly expanded.
(B) INCLUSIONS.—The term ‘‘modified use’’
includes—
(i) a trail or trailhead being modified,
such as to accommodate handicapped access;
(ii) a parking area being reconfigured
(but not expanded); and
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HJ 2 EAS
(iii) a special use authorization for a
group recreation use being authorized for a
different use area or time period.
(8) NEW USE.—
(A) IN
GENERAL.—The term ‘‘new use’’
means—
(i) a use that is not occurring in the
Area as of the date of enactment of this Act;
and
(ii) an existing use that is being modi-
fied so as to be significantly expanded or al-
tered in scope, dimension, or impact on the
land, water, air, or wildlife resources of the
Area.
(B) EXCLUSIONS.—The term ‘‘new use’’
does not include a use that—
(i) is categorically excluded from docu-
mentation requirements under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(ii) is carried out to comply with the
Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(9) PIEDRA
LISA
TRACT.—The term ‘‘Piedra
Lisa tract’’ means the tract comprised of approxi-
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mately 160 acres of land owned by the Pueblo and de-
picted on the map.
(10) PUEBLO.—The term ‘‘Pueblo’’ means the
Pueblo of Sandia in its governmental capacity.
(11) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture, acting through the Chief
of the Forest Service.
(12) SETTLEMENT AGREEMENT.—The term ‘‘Set-
tlement Agreement’’ means the Agreement of Com-
promise and Settlement dated April 4, 2000, among
the United States, the Pueblo, and the Sandia Peak
Tram Company.
(13) SPECIAL USE PERMIT.—The term ‘‘special
use permit’’ means the Special Use Permit issued De-
cember 1, 1993, by the Secretary to Sandia Peak
Tram Company and Sandia Peak Ski Company
(14) SPECIAL USE PERMIT AREA.—
(A) IN GENERAL.—The term ‘‘special use
permit area’’ means the land and facilities sub-
ject to the special use permit.
(B) INCLUSIONS.—The term ‘‘special use
permit area’’ includes—
(i) approximately 46 acres of land
used as an aerial tramway corridor;
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(ii) approximately 945 acres of land
used as a ski area; and
(iii) the land and facilities described
in Exhibit A to the special use permit,
including—
(I) the maintenance road to the
lower tram tower;
(II) water storage and water dis-
tribution facilities; and
(III) 7 helispots.
(15) SUBDIVISION.—The term ‘‘subdivision’’
means—
(A) the subdivision of—
(i) Sandia Heights Addition;
(ii) Sandia Heights North Unit I, II,
or 3;
(iii) Tierra Monte;
(iv) Valley View Acres; or
(v) Evergreen Hills; and
(B) any additional plat or privately-owned
property depicted on the map.
(16) TRADITIONAL
OR
CULTURAL
USE.—The
term ‘‘traditional or cultural use’’ means—
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(A) a ceremonial activity (including the
placing of ceremonial materials in the Area);
and
(B) the use, hunting, trapping, or gathering
of plants, animals, wood, water, and other nat-
ural resources for a noncommercial purpose.
SEC. 404. T’UF SHUR BIEN PRESERVATION TRUST AREA.
(a) ESTABLISHMENT.—The T’uf Shur Bien Preserva-
tion Trust Area is established within the Cibola National
Forest and the Sandia Mountain Wilderness as depicted on
the map—
(1) to recognize and protect in perpetuity the
rights and interests of the Pueblo in and to the Area,
as specified in section 405(a);
(2) to preserve in perpetuity the national forest
and wilderness character of the Area; and
(3) to recognize and protect in perpetuity the
longstanding use and enjoyment of the Area by the
public.
(b) ADMINISTRATION AND APPLICABLE LAW.—
(1) IN GENERAL.—The Secretary shall continue
to administer the Area as part of the National Forest
System subject to and consistent with the provisions
of this title affecting management of the Area.
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HJ 2 EAS
(2) TRADITIONAL OR CULTURAL USES.—Tradi-
tional or cultural uses by Pueblo members and mem-
bers of other federally-recognized Indian tribes au-
thorized to use the Area by the Pueblo under section
405(a)(4) shall not be restricted except by—
(A) the Wilderness Act (16 U.S.C. 1131 et
seq.) (including regulations promulgated under
that Act) as in effect on the date of enactment
of this Act; and
(B) applicable Federal wildlife protection
laws, as provided in section 406(a)(2).
(3) LATER
ENACTMENTS.—To the extent that
any law enacted or amended after the date of enact-
ment of this Act is inconsistent with this title, the law
shall not apply to the Area unless expressly made ap-
plicable by Congress.
(4) TRUST.—The use of the word ‘‘Trust’’ in the
name of the Area—
(A) is in recognition of the specific rights
and interests of the Pueblo in the Area; and
(B) does not confer on the Pueblo the owner-
ship interest that exists in a case in which the
Secretary of the Interior accepts the title to land
held in trust for the benefit of an Indian tribe.
(c) MAP.—
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(1) FILING.—As soon as practicable after the
date of enactment of this Act, the Secretary shall file
the map and a legal description of the Area with the
Committee on Resources of the House of Representa-
tives and with the Committee on Energy and Natural
Resources of the Senate.
(2) PUBLIC AVAILABILITY.—The map and legal
description shall be on file and available for public
inspection in the Office of the Chief of the Forest
Service, Washington, District of Columbia.
(3) EFFECT.—The map and legal description
filed under paragraph (1) shall have the same effect
as if the map and legal description were included in
this title, except that—
(A) technical and typographical errors shall
be corrected;
(B) changes that may be necessary under
subsection (b), (d), or (e) of section 409 or sub-
section (b) or (c) of section 413 shall be made;
and
(C) to the extent that the map and the lan-
guage of this title conflict, the language of this
title shall control.
(d) NO CONVEYANCE OF TITLE.—No right, title, or in-
terest of the United States in or to the Area or any part
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of the Area shall be conveyed to or exchanged with any per-
son, trust, or governmental entity, including the Pueblo,
without specific authorization of Congress.
(e) PROHIBITED USES.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law—
(A) no use prohibited by the Wilderness Act
(16 U.S.C. 1131 et seq.) as of the date of enact-
ment of this Act shall be permitted in the wilder-
ness portion of the Area; and
(B) none of the following uses shall be per-
mitted in any portion of the Area:
(i) Gaming or gambling.
(ii) Mineral production.
(iii) Timber production.
(iv) Any new use to which the Pueblo
objects under section 405(a)(3).
(2) MINING CLAIMS.—The Area is closed to the
location of mining claims under section 2320 of the
Revised Statutes (30 U.S.C. 23) (commonly known as
the ‘‘Mining Law of 1872’’).
(f) NO MODIFICATION OF BOUNDARIES.—Establish-
ment of the Area shall not—
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(1) affect the boundaries of or repeal or disestab-
lish the Sandia Mountain Wilderness or the Cibola
National Forest; or
(2) modify the existing boundary of the Pueblo
grant.
SEC. 405. PUEBLO RIGHTS AND INTERESTS IN THE AREA.
(a) IN GENERAL.—The Pueblo shall have the following
rights and interests in the Area:
(1) Free and unrestricted access to the Area for
traditional or cultural uses, to the extent that those
uses are not inconsistent with—
(A) the Wilderness Act (16 U.S.C. 1131 et
seq.) (including regulations promulgated under
that Act) as in effect on the date of enactment
of this Act; or
(B) applicable Federal wildlife protection
laws as provided in section 406(a)(2).
(2) Perpetual preservation of the national forest
and wilderness character of the Area under this title.
(3) Rights in the management of the Area as
specified in section 407, including—
(A) the right to consent or withhold consent
to a new use;
(B) the right to consultation regarding a
modified use;
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(C) the right to consultation regarding the
management and preservation of the Area; and
(D) the right to dispute resolution proce-
dures.
(4) Exclusive authority, in accordance with the
customs and laws of the Pueblo, to administer access
to the Area for traditional or cultural uses by mem-
bers of the Pueblo and of other federally-recognized
Indian tribes.
(5) Such other rights and interests as are recog-
nized in sections 404, 405(c), 407, 408, and 409.
(b) ACCESS.— Except as provided in subsection (a)(4),
access to and use of the Area for all other purposes shall
continue to be administered by the Secretary.
(c) COMPENSABLE INTEREST.—
(1) IN GENERAL.—If, by an Act of Congress en-
acted after the date of enactment of this Act, Congress
diminishes the national forest or wilderness designa-
tion of the Area by authorizing a use prohibited by
section 404(e) in all or any portion of the Area, or
denies the Pueblo access for any traditional or cul-
tural use in all or any portion of the Area—
(A) the United States shall compensate the
Pueblo as if the Pueblo held a fee title interest
in the affected portion of the Area and as though
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the United States had acquired such an interest
by legislative exercise of the power of eminent do-
main; and
(B) the restrictions of sections 404(e) and
406(a) shall be disregarded in determining just
compensation owed to the Pueblo.
(2) EFFECT.—Any compensation made to the
Pueblo under paragraph (c) shall not affect the extin-
guishment of claims under section 410.
SEC. 406. LIMITATIONS ON PUEBLO RIGHTS AND INTER-
ESTS IN THE AREA.
(a) LIMITATIONS.—The rights and interests of the
Pueblo recognized in this title do not include—
(1) any right to sell, grant, lease, convey, encum-
ber, or exchange land or any interest in land in the
Area (and any such conveyance shall not have valid-
ity in law or equity);
(2) any exemption from applicable Federal wild-
life protection laws;
(3) any right to engage in a use prohibited by
section 404(e); or
(4) any right to exclude persons or governmental
entities from the Area.
(b) EXCEPTION.—No person who exercises traditional
or cultural use rights as authorized by section 405(a)(4)
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may be prosecuted for a Federal wildlife offense requiring
proof of a violation of a State law (including regulations).
SEC. 407. MANAGEMENT OF THE AREA.
(a) PROCESS.—
(1) IN GENERAL.—The Secretary shall consult
with the Pueblo not less than twice each year, unless
otherwise mutually agreed, concerning protection,
preservation, and management of the Area (including
proposed new uses and modified uses in the Area and
authorizations that are anticipated during the next 6
months and were approved in the preceding 6
months).
(2) NEW USES.—
(A) REQUEST
FOR
CONSENT
AFTER
CON-
SULTATION.—
(i) DENIAL OF CONSENT.—If the Pueb-
lo denies consent for a new use within 30
days after completion of the consultation
process, the Secretary shall not proceed with
the new use.
(ii) GRANTING
OF
CONSENT.—If the
Pueblo consents to the new use in writing or
fails to respond within 30 days after com-
pletion of the consultation process, the Sec-
retary may proceed with the notice and
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comment process and the environmental
analysis.
(B) FINAL REQUEST FOR CONSENT.—
(i) REQUEST.—Before the Secretary
(or a designee) signs a record of decision or
decision notice for a proposed new use, the
Secretary shall again request the consent of
the Pueblo.
(ii) DENIAL
OF
CONSENT.—If the
Pueblo denies consent for a new use within
30 days after receipt by the Pueblo of the
proposed record of decision or decision no-
tice, the new use shall not be authorized.
(iii) FAILURE
TO
RESPOND.—If the
Pueblo fails to respond to the consent re-
quest within 30 days after receipt of the
proposed record of decision or decision
notice—
(I) the Pueblo shall be deemed to
have consented to the proposed record
of decision or decision notice; and
(II) the Secretary may proceed to
issue the final record of decision or de-
cision notice.
(3) PUBLIC INVOLVEMENT.—
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(A) IN GENERAL.—With respect to a pro-
posed new use or modified use, the public shall
be provided notice of—
(i) the purpose and need for the pro-
posed new use or modified use;
(ii) the role of the Pueblo in the deci-
sionmaking process; and
(iii) the position of the Pueblo on the
proposal.
(B) COURT CHALLENGE.—Any person may
bring a civil action in the United States District
Court for the District of New Mexico to challenge
a determination by the Secretary concerning
whether a use constitutes a new use or a modi-
fied use.
(b) EMERGENCIES AND EMERGENCY CLOSURE OR-
DERS.—
(1) AUTHORITY.—The Secretary shall retain the
authority of the Secretary to manage emergency situ-
ations, to—
(A) provide for public safety; and
(B) issue emergency closure orders in the
Area subject to applicable law.
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(2) NOTICE.—The Secretary shall notify the
Pueblo regarding emergencies, public safety issues,
and emergency closure orders as soon as practicable.
(3) NO CONSENT.—An action of the Secretary
described in paragraph (1) shall not require the con-
sent of the Pueblo.
(c) DISPUTES INVOLVING FOREST SERVICE MANAGE-
MENT AND PUEBLO TRADITIONAL USES.—
(1) IN GENERAL.—In a case in which the man-
agement of the Area by the Secretary conflicts with a
traditional or cultural use, if the conflict does not
pertain to a new use subject to the process specified
in subsection (a)(2), the process for dispute resolution
specified in this subsection shall apply.
(2) DISPUTE RESOLUTION PROCESS.—
(A) IN GENERAL.—In the case of a conflict
described in paragraph (1)—
(i) the party identifying the conflict
shall notify the other party in writing ad-
dressed to the Governor of the Pueblo or the
Regional Forester, as appropriate, speci-
fying the nature of the dispute; and
(ii) the Governor of the Pueblo or the
Regional Forester shall attempt to resolve
the dispute for a period of at least 30 days
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after notice has been provided before bring-
ing a civil action in the United States Dis-
trict Court for the District of New Mexico.
(B) DISPUTES REQUIRING IMMEDIATE RES-
OLUTION.—In the case of a conflict that requires
immediate resolution to avoid imminent, sub-
stantial, and irreparable harm—
(i) the party identifying the conflict
shall notify the other party and seek to re-
solve the dispute within 3 days of the date
of notification; and
(ii) if the parties are unable to resolve
the dispute within 3 days—
(I) either party may bring a civil
action for immediate relief in the
United States District Court for the
District of New Mexico; and
(II) the procedural requirements
specified in subparagraph (A) shall not
apply.
SEC. 408. JURISDICTION OVER THE AREA.
(a) CRIMINAL JURISDICTION.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, jurisdiction over crimes committed
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in the Area shall be allocated as provided in this
paragraph.
(2) JURISDICTION OF THE PUEBLO.—The Pueblo
shall have jurisdiction over an offense committed by
a member of the Pueblo or of another federally-recog-
nized Indian tribe who is present in the Area with
the permission of the Pueblo under section 405(a)(4).
(3) JURISDICTION OF THE UNITED STATES.—The
United States shall have jurisdiction over—
(A) an offense described in section 1153 of
title 18, United States Code, committed by a
member of the Pueblo or another federally-recog-
nized Indian tribe;
(B) an offense committed by any person in
violation of the laws (including regulations) per-
taining to the protection and management of na-
tional forests;
(C) enforcement of Federal criminal laws of
general applicability; and
(D) any other offense committed by a mem-
ber of the Pueblo against a person not a member
of the Pueblo.
(4) JURISDICTION OF THE STATE OF NEW MEX-
ICO.—The State of New Mexico shall have jurisdiction
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over an offense under the law of the State committed
by a person not a member of the Pueblo.
(5) OVERLAPPING JURISDICTION.—To the extent
that the respective allocations of jurisdiction over the
Area under paragraphs (2), (3), and (4) overlap, the
governments shall have concurrent jurisdiction.
(6) FEDERAL USE OF STATE LAW.—Under the
jurisdiction of the United States described in para-
graph (3)(D), Federal law shall incorporate any of-
fense defined and punishable under State law that is
not so defined under Federal law.
(b) CIVIL JURISDICTION.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the United States, the State of
New Mexico, and local public bodies shall have the
same civil adjudicatory, regulatory, and taxing juris-
diction over the Area as was exercised by those enti-
ties on the day before the date of enactment of this
Act.
(2) JURISDICTION OF THE PUEBLO.—
(A) IN GENERAL.—The Pueblo shall have
exclusive civil adjudicatory jurisdiction over—
(i) a dispute involving only members
of the Pueblo;
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(ii) a civil action brought by the Pueb-
lo against a member of the Pueblo; and
(iii) a civil action brought by the
Pueblo against a member of another feder-
ally-recognized Indian tribe for a violation
of an understanding between the Pueblo and
the other tribe regarding use of or access to
the Area for traditional or cultural uses.
(B) 
REGULATORY
JURISDICTION.—The
Pueblo shall have no regulatory jurisdiction over
the Area, except that the Pueblo shall have exclu-
sive authority to—
(i) regulate traditional or cultural uses
by the members of the Pueblo and admin-
ister access to the Area by other federally-
recognized Indian tribes for traditional or
cultural uses, to the extent such regulation
is consistent with this title; and
(ii) regulate hunting and trapping in
the Area by members of the Pueblo, to the
extent that the hunting or trapping is re-
lated to traditional or cultural uses, except
that such hunting and trapping outside of
that portion of the Area in sections 13, 14,
23, 24, and the northeast quarter of section
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25 of T12N, R4E, and section 19 of T12N,
R5E, N.M.P.M., Sandoval County, New
Mexico, shall be regulated by the Pueblo in
a manner consistent with the regulations of
the State of New Mexico concerning types of
weapons and proximity of hunting and
trapping to trails and residences.
(C) TAXING
JURISDICTION.—The Pueblo
shall have no authority to impose taxes within
the Area.
(3) STATE AND LOCAL TAXING JURISDICTION.—
The State of New Mexico and local public bodies shall
have no authority within the Area to tax the uses or
the property of the Pueblo, members of the Pueblo, or
members of other federally-recognized Indian tribes
authorized to use the Area under section 405(a)(4).
SEC. 409. SUBDIVISIONS AND OTHER PROPERTY INTER-
ESTS.
(a) SUBDIVISIONS.—
(1) IN GENERAL.—The subdivisions are excluded
from the Area.
(2) JURISDICTION.—
(A) IN GENERAL.—The Pueblo shall have no
civil or criminal jurisdiction for any purpose,
including adjudicatory, taxing, zoning, regu-
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latory or any other form of jurisdiction, over the
subdivisions and property interests therein, and
the laws of the Pueblo shall not apply to the sub-
divisions.
(B) STATE JURISDICTION.—The jurisdiction
of the State of New Mexico and local public bod-
ies over the subdivisions and property interests
therein shall continue in effect, except that on
application of the Pueblo a tract comprised of
approximately 35 contiguous, nonsubdivided
acres in the northern section of Evergreen Hills
owned in fee by the Pueblo at the time of enact-
ment of this Act, shall be transferred to the
United States and held in trust for the Pueblo by
the United States and administered by the Sec-
retary of the Interior.
(3) LIMITATIONS ON TRUST LAND.—Trust land
described in paragraph (2)(B) shall be subject to all
limitations on use pertaining to the Area contained
in this title.
(b) PIEDRA LISA.—
(1) IN GENERAL.—The Piedra Lisa tract is ex-
cluded from the Area.
(2) DECLARATION OF TRUST TITLE.—The Piedra
Lisa tract—
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(A) shall be transferred to the United
States;
(B) is declared to be held in trust for the
Pueblo by the United States; and
(C) shall be administered by the Secretary
of the Interior subject to all limitations on use
pertaining to the Area contained in this title.
(3) APPLICABILITY OF CERTAIN RESTRICTION.—
The restriction contained in section 406(a)(4) shall
not apply outside of Forest Service System trails.
(c) CREST FACILITIES.—
(1) IN GENERAL.—The land on which the crest
facilities are located is excluded from the Area.
(2) JURISDICTION.—The Pueblo shall have no
civil or criminal jurisdiction for any purpose, includ-
ing adjudicatory, taxing, zoning, regulatory or any
other form of jurisdiction, over the land on which the
crest facilities are located and property interests
therein, and the laws of the Pueblo, shall not apply
to that land. The preexisting jurisdictional status of
that land shall continue in effect.
(d) SPECIAL USE PERMIT AREA.—
(1) IN GENERAL.—The land described in the spe-
cial use permit is excluded from the Area.
(2) JURISDICTION.—
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(A) IN GENERAL.—The Pueblo shall have no
civil or criminal jurisdiction for any purpose,
including adjudicatory, taxing, zoning, regu-
latory, or any other form of jurisdiction, over the
land described in the special use permit, and the
laws of the Pueblo shall not apply to that land.
(B) PREEXISTING STATUS.—The preexisting
jurisdictional status of that land shall continue
in effect.
(3) AMENDMENT TO PLAN.—In the event the spe-
cial use permit, during its existing term or any fu-
ture terms or extensions, requires amendment to in-
clude other land in the Area necessary to realign the
existing or any future replacement tram line, associ-
ated structures, or facilities, the land subject to that
amendment shall thereafter be excluded from the Area
and shall have the same status under this title as the
land currently described in the special use permit.
(4) LAND DEDICATED TO AERIAL TRAMWAY AND
RELATED USES.—Any land dedicated to aerial tram-
way and related uses and associated facilities that are
excluded from the special use permit through expira-
tion, termination or the amendment process shall
thereafter be included in the Area, but only after final
agency action no longer subject to any appeals.
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HJ 2 EAS
(e) LA LUZ TRACT.—
(1) IN GENERAL.—The La Luz tract now owned
in fee by the Pueblo is excluded from the Area and,
on application by the Pueblo, shall be transferred to
the United States and held in trust for the Pueblo by
the United States and administered by the Secretary
of the Interior subject to all limitations on use per-
taining to the Area contained in this title.
(2) NONAPPLICABILITY
OF
CERTAIN
RESTRIC-
TION.—The restriction contained in section 406(a)(4)
shall not apply outside of Forest Service System
trails.
(f) EVERGREEN HILLS ACCESS.—The Secretary shall
ensure that Forest Service Road 333D, as depicted on the
map, is maintained in an adequate condition in accordance
with section 1323(a) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3210(a)).
(g) PUEBLO FEE LAND.—Those properties not specifi-
cally addressed in subsections (a) or (e) that are owned in
fee by the Pueblo within the subdivisions are excluded from
the Area and shall be subject to the jurisdictional provisions
of subsection (a).
(h) RIGHTS-OF-WAY.—
(1) ROAD RIGHTS-OF-WAY.—
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(A) IN GENERAL.—In accordance with the
Pueblo having given its consent in the Settlement
Agreement, the Secretary of the Interior shall
grant to the County of Bernalillo, New Mexico,
in perpetuity, the following irrevocable rights-of-
way for roads identified on the map in order to
provide for public access to the subdivisions, the
special use permit land and facilities, the other
leasehold and easement rights and interests of the
Sandia Peak Tram Company and its affiliates,
the Sandia Heights South Subdivision, and the
Area—
(i) a right-of-way for Tramway Road;
(ii) a right-of-way for Juniper Hill
Road North;
(iii) a right-of-way for Juniper Hill
Road South;
(iv) a right-of-way for Sandia Heights
Road; and
(v) a right-of-way for Juan Tabo Can-
yon Road (Forest Road No. 333).
(B) CONDITIONS.—The road rights-of-way
shall be subject to the following conditions:
(i) Such rights-of-way may not be ex-
panded or otherwise modified without the