H. J. Res. 2—285
(A) is developed on National Forest System lands by
a nonprofit organization or governmental entity;
(B) provides a valuable service to the public by using
such lands as a setting to introduce young people or individ-
uals with a disability to activities that they may not other-
wise experience and to educate them on natural resource
issues; and
(C) does not have as its primary purpose raising rev-
enue through commercial activities.
(2) The term ‘‘Secretary’’ means the Secretary of Agri-
culture, acting through the Chief of the Forest Service.
(3) The term ‘‘individual with a disability’’ has the meaning
given the term in section 7(20) of the Rehabilitation Act of
1973 (29 U.S.C. 705(20)).
(4) The term ‘‘children at risk’’ means children who are
raised in poverty or in single-parent homes or are subject
to such circumstances as parental drug abuse, homelessness,
or child abuse.
(5) The term ‘‘change in control’’ means—
(A) for a corporation, the sale or transfer of a control-
ling interest in the corporation;
(B) for a partnership or limited liability company, the
sale or transfer of a controlling interest in the partnership
or limited liability company; and
(C) for an individual, the sale or transfer or an
organizational camp subject to this Act to another party.
SEC. 503. FEES FOR OCCUPANCY AND USE OF NATIONAL FOREST
SYSTEM LANDS AND FACILITIES BY ORGANIZATIONAL
CAMPS.
(a) LAND USE FEE.—
(1) PERCENTAGE
OF
LAND
VALUE.—The Secretary shall
charge an annual land use fee for each organizational camp
for its occupancy and use of National Forest System lands
equal to 5 percent of the product of the following:
(A) The total number of acres of National Forest
System lands authorized for the organizational camp.
(B) The estimated per-acre market value of land and
buildings in the county where the camp is located, as
reported in the most recent Census of Agriculture con-
ducted by the National Agricultural Statistics Service.
(2) ANNUAL ADJUSTMENT.—The land use fee determined
under paragraph (1) for an organizational camp shall be
adjusted annually by the annual compounded rate of change
between the two most recent Censuses of Agriculture.
(3) REDUCTION IN FEES.—
(A) TYPE OF PARTICIPANTS.—The Secretary shall reduce
the land use fee determined under paragraph (1) propor-
tionate to the number of individuals with a disability and
children at risk who annually attend the organizational
camp.
(B) TYPE OF PROGRAMS.—After making the reduction
required by subparagraph (A), the Secretary shall reduce
the remaining land use fee amount by up to 60 percent,
proportionate to the number of persons who annually
attend the organizational camp who participate in youth
H. J. Res. 2—286
programs through organized and supervised social, citizen-
ship, character-building, or faith-based activities oriented
to outdoor-recreation experiences.
(C) RELATION TO MINIMUM FEE.—The reductions made
under this paragraph may not reduce the land use fee
for an organizational camp below the minimum land use
fee required to be charged under paragraph (4).
(D) SPECIAL CONSIDERATIONS.—For purposes of deter-
mining the amount of the land use fee reduction required
under subparagraph (A) or (B), the Secretary may not
take into consideration the existence of sponsorships or
scholarships to assist persons in attending the organiza-
tional camp.
(4) MINIMUM LAND USE FEE.—The Secretary shall charge
a minimum land use fee under paragraph (1) that represents,
on average, the Secretary’s cost annually to administer an
organizational camp special use authorization in the National
Forest Region in which the organizational camp is located.
Notwithstanding paragraph (3) or subsection (d), the minimum
land use fee shall not be subject to a reduction or waiver.
(b) FACILITY USE FEE.—
(1) PERCENTAGE OF FACILITIES VALUE.—If an organizational
camp uses a Government-owned facility on National Forest
System lands pursuant to section 7 of the Act of April 24,
1950 (commonly known as the Granger-Thye Act; 16 U.S.C.
580d), the Secretary shall charge, in addition to the land use
fee imposed under subsection (a), a facility use fee equal to
5 percent of the value of the authorized facilities, as determined
by the Secretary.
(2) REDUCTION IN FEES PROHIBITED.—Notwithstanding sub-
section (d), the facility use fees determined under paragraph
(1) shall not be subject to a reduction or waiver.
(c) FEE RELATED
TO RECEIPT
OF OTHER REVENUES.—If an
organizational camp derives revenue from the use of National Forest
System lands or authorized facilities described in subsection (b)
for purposes other than to introduce young people or individuals
with a disability to activities that they may not otherwise experience
and to educate them on natural resource issues, the Secretary
shall charge, in addition to the land use fee imposed under sub-
section (a) and the facility use fee imposed under subsection (b),
an additional fee equal to 5 percent of that revenue.
(d) WORK-IN-LIEU PROGRAM.—Subject to subsections (a)(4) and
(b)(2), section 3 of the Federal Timber Contract Payment Modifica-
tion Act (16 U.S.C. 539f) shall apply to the use fees imposed under
this section.
SEC. 504. IMPLEMENTATION.
(a) PROMPT IMPLEMENTATION.—The Secretary shall issue direc-
tion regarding implementation of this Act by interim directive
within 180 days after the date of the enactment of this Act. The
Secretary shall implement this Act beginning with the first billing
cycle for organizational camp special use authorizations occurring
more than 180 days after the date of the enactment of this Act.
(b) PHASE-IN OF USE FEE INCREASES.—In issuing any direction
regarding implementation of this Act under subsection (a), the
Secretary shall consider whether to phase-in any significant
H. J. Res. 2—287
increases in annual land or facility use fees for organizational
camps.
SEC. 505. RELATIONSHIP TO OTHER LAWS.
Except as specifically provided by this Act, nothing in this
Act supersedes or otherwise affects any provision of law, regulation,
or policy regarding the issuance or administration of authorizations
for organizational camps regarding the occupancy and use of
National Forest System lands.
SEC. 506. DEPOSIT AND EXPENDITURE OF USE FEES.
(a) DEPOSIT AND AVAILABILITY.—Unless subject to section 7
of the Act of April 24, 1950 (commonly known as the Granger-
Thye Act; 16 U.S.C. 580d), use fees collected by the Secretary
under this Act shall be deposited in a special account in the
Treasury and shall remain available to the Secretary for expendi-
ture, without further appropriation until expended, for the purposes
described in subsection (c).
(b) TRANSFER.—Upon request of the Secretary, the Secretary
of the Treasury shall transfer to the Secretary from the special
account such amounts as the Secretary may request. The Secretary
shall accept and use such amounts in accordance with subsection
(c).
(c) USE.—Use fees deposited pursuant to subsection (a) and
transferred to the Secretary under subsection (b) shall be expended
for monitoring of Forest Service special use authorizations, adminis-
tration of the Forest Service’s special program, interpretive pro-
grams, environmental analysis, environmental restoration, and
similar purposes.
SEC. 507. MINISTERIAL ISSUANCE, OR AMENDMENT AUTHORIZATION.
(a) NEPA EXCEPTION.—The ministerial issuance or amendment
of an organizational camp special use authorization shall not be
subject to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(b) RULE OF CONSTRUCTION.—For purposes of subsection (a),
the ministerial issuance or amendment of an authorization occurs
only when the issuance or amendment of the authorization would
not change the physical environment or the activities, facilities,
or program of the operations governed by the authorization, and
at least one of the following apply:
(1) The authorization is issued upon a change in control
of the holder of an existing authorization.
(2) The holder, upon expiration of an authorization, is
issued a new authorization.
(3) The authorization is amended—
(A) to effectuate administrative changes, such as modi-
fication of the land use fee or conversion to a new special
use authorization form; or
(B) to include nondiscretionary environmental stand-
ards or to conform with current law.
This division may be cited as the ‘‘Department of the Interior
and Related Agencies Appropriations Act, 2003’’.
H. J. Res. 2—288
DIVISION G—LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS,
2003
JOINT RESOLUTION
Making appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies for the fiscal year ending September 30,
2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments of
Labor, Health and Human Services, and Education, and related
agencies for the fiscal year ending September 30, 2003, and for
other purposes, namely:
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Investment Act of
1998, including the purchase and hire of passenger motor vehicles,
the construction, alteration, and repair of buildings and other facili-
ties, and the purchase of real property for training centers as
authorized by the Workforce Investment Act of 1998 and the Women
in Apprenticeship and Nontraditional Occupations Act; and the
National Skill Standards Act of 1994; $2,755,070,000 plus
reimbursements, of which $1,651,055,000 is available for obligation
for the period July 1, 2003 through June 30, 2004; of which
$1,045,465,000 is available for obligation for the period April 1,
2003 through June 30, 2004, including $1,000,965,000 to carry
out chapter 4 of the Workforce Investment Act of 1998 and
$44,500,000 to carry out section 169 of such Act; of which
$30,000,000 is available on October 1, 2002 until expended to carry
out section 173(a)(4)(A) of the Workforce Investment Act of 1998;
and of which $27,550,000 is available for the period July 1, 2003
through June 30, 2006 for necessary expenses of construction,
rehabilitation, and acquisition of Job Corps centers: Provided, That
notwithstanding any other provision of law, of the funds provided
herein under section 137(c) of the Workforce Investment Act of
1998, $306,608,000 shall be for activities described in section
132(a)(2)(A) of such Act and $1,157,162,000 shall be for activities
described in section 132(a)(2)(B) of such Act: Provided further, That
$9,098,000 shall be for carrying out section 172 of the Workforce
Investment Act of 1998: Provided further, That, notwithstanding
any other provision of law or related regulation, $77,836,000 shall
be for carrying out section 167 of the Workforce Investment Act
of 1998, including $72,686,000 for formula grants, $4,640,000 for
migrant and seasonal housing, and $510,000 for other discretionary
purposes: Provided further, That notwithstanding the transfer
limitation under section 133(b)(4) of the Workforce Investment Act
of 1998, up to 30 percent of such funds may be transferred by
a local board if approved by the Governor: Provided further, That
funds provided to carry out section 171(d) of the Workforce Invest-
ment Act of 1998 may be used for demonstration projects that
provide assistance to new entrants in the workforce and incumbent