H. J. Res. 2—245
as authorized by 5 U.S.C. 5901–5902; and (7) for debt collection
contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close any
regional office for National Forest System administration of the
Forest Service, Department of Agriculture without the consent of
the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire prepared-
ness due to severe burning conditions if and only if all previously
appropriated emergency contingent funds under the heading
‘‘Wildland Fire Management’’ have been released by the President
and apportioned and all funds under the heading ‘‘Wildland Fire
Management’’ are obligated.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Develop-
ment 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, edu-
cation 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 provisions of section
702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is
approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in House Report No. 105–163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the proce-
dures contained in House Report No. 105–163.
No funds available to the Forest Service shall be transferred
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 approval of the House and
Senate Committees on Appropriations.
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 reception and represen-
tation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, up to $3,000,000
may be advanced in a lump sum as Federal financial assistance
to the National Forest Foundation, without regard to when the
Foundation incurs expenses, for administrative expenses or projects
on or benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made avail-
able to the Foundation, no more than $400,000 shall be available
for administrative expenses: Provided further, That the Foundation
H. J. Res. 2—246
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds
made available by the Forest Service: Provided further, That the
Foundation may transfer Federal funds to a non-Federal recipient
for a project at the same rate that the recipient has obtained
the non-Federal matching funds: Provided further, That authorized
investments of Federal funds held by the Foundation may be made
only in interest-bearing obligations of the United States or in obliga-
tions guaranteed as to both principal and interest by the United
States.
Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000
of the funds available to the Forest Service shall be available
for matching funds to the National Fish and Wildlife Foundation,
as authorized by 16 U.S.C. 3701–3709, and may be advanced in
a lump sum as Federal financial assistance, without regard to
when expenses are incurred, for projects on or benefitting National
Forest System lands or related to Forest Service programs: Pro-
vided, That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to match on
at least one-for-one basis funds advanced by the Forest Service:
Provided further, That the Foundation may transfer Federal funds
to a non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the
funds appropriated to the Forest Service in the ‘‘National Forest
System’’ and ‘‘Capital Improvement and Maintenance’’ accounts and
planned to be allocated to activities under the ‘‘Jobs in the Woods’’
program for projects on National Forest land in the State of Wash-
ington may be granted directly to the Washington State Department
of Fish and Wildlife for accomplishment of planned projects. Twenty
percent of said funds shall be retained by the Forest Service for
planning 
and 
administering 
projects. 
Project 
selection 
and
prioritization shall be accomplished by the Forest Service with
such consultation with the State of Washington as the Forest
Service deems appropriate.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to sections 14(c)(1) and (2), and section
16(a)(2) of Public Law 99–663.
For fiscal years 2003 through 2007, the Secretary of Agriculture
is authorized to enter into grants, contracts, and cooperative agree-
ments as appropriate with the Pinchot Institute for Conservation,
as well as with public and other private agencies, organizations,
institutions, and individuals, to provide for the development,
administration, maintenance, or restoration of land, facilities, or
Forest Service programs, at the Grey Towers National Historic
Landmark: Provided, That, subject to such terms and conditions
as the Secretary of Agriculture may prescribe, any such public
or private agency, organization, institution, or individual may
solicit, accept, and administer private gifts of money and real or
personal property for the benefit of, or in connection with, the
H. J. Res. 2—247
activities and services at the Grey Towers National Historic Land-
mark: Provided further, That such gifts may be accepted notwith-
standing the fact that a donor conducts business with the Depart-
ment of Agriculture in any capacity.
Funds appropriated to the Forest Service shall be available,
as determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101–612).
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
land purchase negotiations and similar non-litigation related 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 National Forest.
The Secretary of Agriculture may transfer or reimburse funds
available to the Forest Service, not to exceed $15,000,000, to the
Secretary of the Interior or the Secretary of Commerce to expedite
conferencing and consultations as required under section 7 of the
Endangered Species Act, 16 U.S.C. 1536. The amount of the transfer
or reimbursement 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.
Beginning on June 30, 2001 and concluding on December 31,
2003, an eligible individual who is employed in any project funded
under title V of the Older American Act of 1965 (42 U.S.C. 3056
et seq.) and administered by the Forest Service shall be considered
to be a Federal employee for purposes of chapter 171 of title 28,
United States Code.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL)
Of the funds made available under this heading for obligation
in prior years, $87,000,000 shall not be available until October
1, 2003: Provided, That funds made available in previous appropria-
tions Acts shall be available for any ongoing project regardless
of the separate request for proposal under which the project was
selected.
H. J. Res. 2—248
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 defeasible and equitable interests
in any real property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological investiga-
tions 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), $624,900,000,
to remain available until expended, of which $4,000,000 is to con-
tinue a multi-year project for construction, renovation, furnishing,
and demolition or removal of buildings at National Energy Tech-
nology Laboratory facilities in Morgantown, West Virginia and Pitts-
burgh, Pennsylvania; and of which $150,000,000 are to be made
available, after coordination with the private sector, for a request
for proposals for a Clean Coal Power Initiative providing for
competitively-awarded research, development, and demonstration
projects to reduce the barriers to continued and expanded coal
use: Provided, That no project may be selected for which sufficient
funding is not available to provide for the total project: Provided
further, That funds shall be expended in accordance with the provi-
sions 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 condi-
tions that are acceptable to the Department including repayments
from sale and licensing of technologies from both domestic and
foreign transactions: Provided further, That such repayments shall
be retained by the Department for future coal-related research,
development and demonstration projects: Provided further, That
any technology selected under this program shall be considered
a Clean Coal Technology, and any project selected under this pro-
gram shall be considered a Clean Coal Technology 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, $17,831,000, 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 payments under
the Settlement Agreement entered into by the United States and
the State of California on October 11, 1996, as authorized by section
H. J. Res. 2—249
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 Teachers’ Retirement Fund from the Elk Hills School Lands
Fund.
ENERGY CONSERVATION
For necessary expenses in carrying out energy conservation
activities, $897,603,000, to remain available until expended: Pro-
vided, That $270,000,000 shall be for use in energy conservation
grant programs as defined in section 3008(3) of Public Law 99–
509 (15 U.S.C. 4507): Provided further, That notwithstanding sec-
tion 3003(d)(2) of Public Law 99–509, such sums shall be allocated
to the eligible programs as follows: $225,000,000 for weatherization
assistance grants and $45,000,000 for State energy conservation
grants.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities of the
Office of Hearings and Appeals, $1,487,000, to remain available
until expended.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities
pursuant to the Energy Policy and Conservation Act of 1975, as
amended (42 U.S.C. 6201 et seq.), $172,856,000, to remain available
until expended.
SPR PETROLEUM ACCOUNT
(INCLUDING RESCISSION)
For the acquisition and transportation of petroleum and for
other necessary expenses pursuant to the Energy Policy and Con-
servation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
$7,000,000, to remain available until expended: Provided, That
from unobligated balances of prior year appropriations, an amount
of $5,000,000 is rescinded.
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, $80,611,000, to remain avail-
able until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal year shall
be available for hire of passenger motor vehicles; hire, maintenance,
and operation of aircraft; purchase, repair, and cleaning of uniforms;
H. J. Res. 2—250
and reimbursement to the General Services Administration for secu-
rity guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of Energy
under this Act shall be used to implement or finance authorized
price support or loan guarantee programs unless specific provision
is made for such programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equip-
ment, and other contributions from public and private sources and
to prosecute projects in cooperation with other agencies, Federal,
State, private or foreign: Provided, That revenues and other moneys
received by or for the account of the Department of Energy or
otherwise generated by sale of products in connection with projects
of the Department appropriated under this Act may be retained
by the Secretary of Energy, to be available until expended, and
used only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-sharing con-
tracts or agreements: Provided further, That the remainder of reve-
nues after the making of such payments shall be covered into
the Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the Sec-
retary 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 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 Depart-
ment of Energy to prepare, issue, or process procurement documents
for programs or projects for which appropriations have not been
made.
In addition to other authorities set forth in this Act, the Sec-
retary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and pros-
ecute projects using such fees and contributions in cooperation
with other Federal, State or private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
Care Improvement Act, and titles II and III of the Public Health
Service 
Act 
with 
respect 
to 
the 
Indian 
Health 
Service,
$2,492,115,000, together with payments received during the fiscal
year pursuant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made available to
tribes and tribal organizations through contracts, grant agreements,
or any other agreements or compacts authorized by the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the grant
H. J. Res. 2—251
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 Catastrophic Health Emergency Fund: Provided fur-
ther, That $460,130,000 for contract medical care shall remain
available for obligation until September 30, 2004: Provided further,
That contract medical care funds appropriated heretofore and here-
after for tribes recognized after January 1, 1995, may be used
to provide medical services directly or through contract medical
care: Provided further, That of the funds provided, up to $25,000,000
shall be used to carry out the loan repayment program under
section 108 of the Indian Health Care Improvement Act: Provided
further, That funds provided in this Act may be used for one-
year contracts and grants which are to be performed in two fiscal
years, so long as the total obligation is recorded in the year for
which the funds are appropriated: Provided further, That the
amounts collected by the Secretary of Health and Human Services
under the authority of title IV of the Indian Health Care Improve-
ment Act shall remain available until expended for the purpose
of achieving compliance with the applicable conditions and require-
ments of titles XVIII and XIX of the Social Security Act (exclusive
of planning, design, or construction of new facilities): Provided
further, That funding contained herein, and in any earlier appro-
priations Acts for scholarship programs 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 received by tribes and tribal organizations under title
IV of the Indian Health Care Improvement Act shall be reported
and accounted for and available to the receiving tribes and tribal
organizations until expended: Provided further, That, notwith-
standing 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
organization 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 associ-
ated with new or expanded self-determination contracts, grants,
self-governance compacts or annual funding agreements: Provided
further, That funds appropriated under the Special Diabetes Pro-
gram for Indians (42 U.S.C. 254c–3(c)) for fiscal year 2003 and
thereafter for the purpose of making grants shall remain available
until expended: Provided further, That notwithstanding any other
provision of law, contributions authorized by 10 U.S.C. 1111 for
the Uniformed Service of the Public Health Service shall be paid
in fiscal year 2003 and thereafter from the Department of Health
and Human Services’ Retirement Pay and Medical Benefits for
Commissioned Officers account without charges billed to the Indian
Health Service: Provided further, That heretofore and hereafter
the provisions of 10 U.S.C. 1116 shall not apply to the Indian
Health Service: Provided further, That funds available for the
Indian Health Care Improvement Fund may be used, as needed,
to carry out activities typically funded under the Indian Health
Facilities account: 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,
H. J. Res. 2—252
sobriety and wellness, of which at least $100,000 shall be available
for an independent third party to conduct an evaluation of the
program and $5,000,000 shall be available to the Alaska Native
Tribal Health Consortium for substance abuse and behavioral
health counselors through the Counselor in Every Village Program:
Provided further, That no more than 10 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 alloca-
tion of resources to avoid duplication of effort and to foster coopera-
tion.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equip-
ment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and commu-
nity sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act,
and for expenses necessary to carry out such Acts and titles II
and III of the Public Health Service Act with respect to environ-
mental health and facilities support activities of the Indian Health
Service, $376,190,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, funds appro-
priated for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be used
to purchase land for sites to construct, improve, or enlarge health
or related facilities: Provided further, That from the funds appro-
priated herein, $5,000,000 shall be designated by the Indian Health
Service as a contribution to the Yukon-Kuskokwim Health Corpora-
tion (YKHC) to continue a priority project for the acquisition of
land, planning, design and construction of 79 staff quarters in
the Bethel service area, pursuant to the negotiated project agree-
ment between the YKHC and the Indian Health Service: Provided
further, That this project shall not be subject to the construction
provisions of the Indian Self-Determination and Education Assist-
ance Act and shall be removed from the Indian Health Service
priority list upon completion: Provided further, That the Federal
Government shall not be liable for any property damages or other
construction claims that may arise from YKHC undertaking this
project: Provided further, That the land shall be owned or leased
by the YKHC and title to quarters shall remain vested with the
YKHC: Provided further, That not to exceed $500,000 shall be
used by the Indian Health Service to purchase TRANSAM equip-
ment from the Department of Defense for distribution to the Indian
Health Service and tribal facilities: 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 United States Depart-
ment of Housing and Urban Development: Provided further, That
not to exceed $1,000,000 from this account and the ‘‘Indian Health
Services’’ account 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
H. J. Res. 2—253
the Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 shall be placed in
a Demolition Fund, available until expended, to be used by the
Indian Health Service for demolition of Federal buildings: Provided
further, That notwithstanding the provisions of title III, section
306, of the Indian Health Care Improvement Act (Public Law 94–
437, as amended), construction contracts authorized under title
I of the Indian Self-Determination and Education Assistance Act
of 1975, as amended, may be used rather than grants to fund
small ambulatory facility construction projects: Provided further,
That if a contract is used, the IHS is authorized to improve munic-
ipal, private, or tribal lands, and that at no time, during construc-
tion or after completion of the project will the Federal Government
have any rights or title to any real or personal property acquired
as a part of the contract: Provided further, That notwithstanding
any other provision of law or regulation, 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 Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when author-
ized 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 meetings which are concerned with
the functions or activities for which the appropriation is made
or which will contribute to improved conduct, supervision, or
management of those functions or activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service facilities,
subject to charges, and the proceeds along with funds recovered
under the Federal Medical Care Recovery Act (42 U.S.C. 2651–
2653) shall be credited to the account of the facility providing
the service and shall be available without fiscal year limitation.
Notwithstanding any other law or regulation, funds transferred
from the Department of Housing and Urban Development to the
Indian Health Service shall be administered under Public Law
86–121 (the Indian Sanitation Facilities Act) and Public Law 93–
638, as amended.
Funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction pur-
poses, shall not be subject to limitations directed at curtailing
Federal travel and transportation.
Notwithstanding any other provision of law, funds previously
or herein made available to a tribe or tribal organization through
a contract, grant, or agreement authorized by title I or title III
of the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), may be deobligated and reobligated to
a self-determination contract under title I, or a self-governance