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the basis therefor are presented to the Committees on Ap-
propriations 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 classi-
fied as giant sequoia (Sequoiadendron giganteum) which
are located on National Forest System or Bureau of Land
Management lands in a manner different than such sales
were conducted in fiscal year 2002.
SEC. 307. (a) LIMITATION OF FUNDS.—None of the
funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended to accept or
process applications for a patent for any mining or mill
site claim located under the general mining laws.
(b) EXCEPTIONS.—The provisions of subsection (a)
shall not apply if the Secretary of the Interior determines
that, for the claim concerned: (1) a patent application was
filed with the Secretary on or before September 30, 1994;
and (2) all requirements established under sections 2325
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331,
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and
37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that
date.
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(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 Re-
sources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate
a report on actions taken by the Department under the
plan submitted pursuant to section 314(c) of the Depart-
ment of the Interior and Related Agencies Appropriations
Act, 1997 (Public Law 104–208).
(d) MINERAL EXAMINATIONS.—In order to process
patent applications in a timely and responsible manner,
upon the request of a patent applicant, the Secretary of
the Interior shall allow the applicant to fund a qualified
third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent appli-
cation as set forth in subsection (b). The Bureau of Land
Management shall have the sole responsibility to choose
and pay the third-party contractor in accordance with the
standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
SEC. 308. Notwithstanding any other provision of
law, amounts appropriated to or earmarked in committee
reports for the Bureau of Indian Affairs and the Indian
Health Service by Public Laws 103–138, 103–332, 104–
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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
funding agreements with the Bureau of Indian Affairs or
the Indian Health Service as funded by such Acts, are the
total amounts available for fiscal years 1994 through 2002
for such purposes, except that, for the Bureau of Indian
Affairs, tribes and tribal organizations may use their trib-
al priority allocations for unmet indirect costs of ongoing
contracts, grants, self-governance compacts or annual
funding agreements.
SEC. 309. 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 in-
dividual for a literature fellowship, National Herit-
age Fellowship, or American Jazz Masters Fellow-
ship.
(2) The Chairperson shall establish procedures
to ensure that no funding provided through a grant,
except a grant made to a State or local arts agency,
or regional group, may be used to make a grant to
any other organization or individual to conduct ac-
tivity independent of the direct grant recipient.
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Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support
to a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
SEC. 310. The National Endowment for the Arts and
the National Endowment for the Humanities are author-
ized 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 ac-
ceptance by the National Endowment for the Arts or the
National Endowment for the Humanities, shall be paid by
the donor or the representative of the donor to the Chair-
man. 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. 311. (a) In providing services or awarding fi-
nancial assistance under the National Foundation on the
Arts and the Humanities Act of 1965 from funds appro-
priated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given
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to providing services or awarding financial assistance for
projects, productions, workshops, or programs that serve
underserved populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means
a population of individuals, including urban 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 serv-
ices or awarding financial assistance for projects, produc-
tions, workshops, or programs that will encourage public
knowledge, education, understanding, and appreciation of
the arts.
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(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Hu-
manities Act of 1965—
(1) the Chairperson shall establish a grant cat-
egory for projects, productions, workshops, or pro-
grams that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants ex-
ceeding 15 percent, in the aggregate, of such funds
to any single State, excluding grants made under the
authority of paragraph (1);
(3) the Chairperson shall report to the Con-
gress annually and by State, on grants awarded by
the Chairperson in each grant category under sec-
tion 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. 312. No part of any appropriation contained in
this Act shall be expended or obligated to complete and
issue the 5-year program under the Forest and Rangeland
Renewable Resources Planning Act.
SEC. 313. 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
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funding is approved by the House and Senate Committees
on Appropriations.
SEC. 314. 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 reconstruct roads, bridges, and trails on National For-
est System lands or to carry out and administer projects
to improve forest health conditions, which may include the
repair or reconstruction of roads, bridges, and trails on
National Forest System lands in the wildland-community
interface where there is an abnormally high risk of fire.
The projects shall emphasize reducing risks to human
safety and public health and property and enhancing eco-
logical functions, long-term forest productivity, and bio-
logical integrity. The projects may be completed in a sub-
sequent fiscal year. Funds shall not be expended under
this section to replace funds which would otherwise appro-
priately be expended from the timber salvage sale fund.
Nothing in this section shall be construed to exempt any
project from any environmental law.
SEC. 315. Other than in emergency situations, none
of the funds in this Act may be used to operate telephone
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answering machines during core business hours unless
such answering machines include an option that enables
callers to reach promptly an individual on-duty with the
agency being contacted.
SEC. 316. No timber sale in Region 10 shall be adver-
tised if the indicated rate is deficit when appraised under
the transaction evidence appraisal system using domestic
Alaska values for western redcedar: Provided, That sales
which are deficit when appraised under the transaction
evidence appraisal system using domestic Alaska values
for western redcedar may be advertised upon receipt of
a written request by a prospective, informed bidder, who
has the opportunity to review the Forest Service’s cruise
and harvest cost estimate for that timber. Program accom-
plishments shall be based on volume sold. Should Region
10 sell, in fiscal year 2002, the annual average portion
of the decadal allowable sale quantity called for in the cur-
rent Tongass Land Management Plan in sales which are
not deficit when appraised under the transaction evidence
appraisal system using domestic 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 available to domestic processors
in the contiguous 48 United States at prevailing domestic
prices. Should Region 10 sell, in fiscal year 2002, less
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than the annual average portion of the decadal allowable
sale quantity called for in the current Tongass Land Man-
agement Plan in sales which are not deficit when ap-
praised under the transaction evidence appraisal system
using domestic Alaska values for western redcedar, the
volume of western redcedar timber available to domestic
processors at prevailing domestic prices in the contiguous
48 United States shall be that volume: (i) which is surplus
to the needs of domestic processors in Alaska; and (ii) is
that percent of the surplus western redcedar volume deter-
mined by calculating the ratio of the total timber volume
which has been sold on the Tongass to the annual average
portion of the decadal allowable sale quantity called for
in the current Tongass Land Management Plan. The per-
centage 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 mar-
kets 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 processors at price equal to or
greater than the log selling value stated in the contract.
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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 tim-
ber sale holder. All Alaska yellow cedar may be sold at
prevailing export prices at the election of the timber sale
holder.
SEC. 317. A project undertaken by the Forest Service
under the Recreation Fee Demonstration Program as au-
thorized by section 315 of the Department of the Interior
and Related Agencies Appropriations Act for Fiscal Year
1996, as amended, shall not result in—
(1) displacement of the holder of an authoriza-
tion to provide commercial recreation services on
Federal lands. Prior to initiating any project, the
Secretary shall consult with potentially affected
holders to determine what impacts the project may
have on the holders. Any modifications to the au-
thorization shall be made within the terms and con-
ditions of the authorization and authorities of the
impacted agency;
(2) the return of a commercial recreation serv-
ice to the Secretary for operation when such services
have been provided in the past by a private sector
provider, except when—
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(A) the private sector provider fails to bid
on such opportunities;
(B) the private sector provider terminates
its relationship with the agency; or
(C) the agency revokes the permit for non-
compliance with the terms and conditions of the
authorization.
In such cases, the agency may use the Recreation Fee
Demonstration Program to provide for operations until a
subsequent operator can be found through the offering of
a new prospectus.
SEC. 318. Prior to October 1, 2003, the Secretary
of Agriculture shall not be considered 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 Na-
tional Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C.
1600 et seq.) or any other law: Provided, That if the Sec-
retary 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 re-
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spect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
SEC. 319. Until September 30, 2004, the authority
of the Secretary of Agriculture to enter into a cooperative
agreement under the first section of Public Law 94–148
(16 U.S.C. 565a–1) for a purpose described in such sec-
tion includes the authority to use that legal instrument
when the principal purpose of the resulting relationship
is to the mutually significant benefit of the Forest Service
and the other party or parties to the agreement, including
nonprofit entities.
SEC. 320. No funds provided in this Act may be ex-
pended to conduct preleasing, leasing, and related activi-
ties 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 established pursuant to the Act of June 8,
1906 (16 U.S.C. 431 et seq.) as such boundary existed
on January 20, 2001, except where such activities are al-
lowed under the Presidential proclamation establishing
such monument.
SEC. 321. Section 347(a) of the Department of the
Interior and Related Agencies Appropriations Act, 1999,
as included in Public Law 105–277 as amended, is amend-
ed by striking ‘‘2004’’ and inserting ‘‘2005’’. The author-
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ity to enter into stewardship and end result contracts pro-
vided 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 expanded to authorize the Forest Serv-
ice to enter into an additional 12 contracts subject to the
same terms and conditions as provided in that section.
SEC. 322. TECHNICAL CORRECTION RELATED TO
CABIN USER FEES.—Section 608(b)(2) of the Cabin User
Fee Fairness Act of 2000 (16 U.S.C. 6207(b)(2); Public
Law 106–291) is amended by striking ‘‘value influences’’
and inserting in lieu thereof ‘‘criteria’’ and striking ‘‘sec-
tion 606(b)(3)’’ and inserting in lieu thereof ‘‘section
606(b)(2)’’.
SEC. 323. EXTENSION OF FOREST SERVICE CONVEY-
ANCES PILOT PROGRAM.—Section 329 of the Department
of the Interior and Related Agencies Appropriations Act,
2002 (16 U.S.C. 580d note; Public Law 107–63) is
amended—
(1) in subsection (b), by striking ‘‘10’’ and in-
serting ‘‘20’’; and
(2) in subsection (d), by striking ‘‘2005’’ and
inserting ‘‘2006’’.
SEC. 324. A grazing permit or lease issued by the
Secretary of the Interior or the Secretary of Agriculture
where National Forest System lands are involved that ex-
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pires (or 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. 5801), or if applicable, section 510
of the California Desert Protection Act (16 U.S.C.
410aaa–50). The terms and conditions contained in the
expiring permit or lease shall continue in effect under the
new permit or lease until such time as the Secretary of
the Interior or the Secretary of Agriculture completes
processing of such permit or lease in compliance with all
applicable laws and regulations, at which time such permit
or lease may be canceled, suspended, or modified, in whole
or in part, to meet the requirements of such applicable
laws and regulations. Nothing in this section shall be
deemed to alter the statutory authority of the Secretary
of the Interior or the Secretary of Agriculture. Any Fed-
eral lands included within the boundary of Lake Roosevelt
National Recreation Area, as designated by the Secretary
of the Interior on April 5, 1990 (Lake Roosevelt Coopera-
tive Management Agreement), that were utilized as of
March 31, 1997, for grazing purposes pursuant to a per-
mit issued by the National Park Service, the person or
persons so utilizing such lands as of March 31, 1997, shall
be entitled to renew said permit under such terms and
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conditions as the Secretary may prescribe, for the lifetime
of the permittee or 20 years, whichever is less.
SEC. 325. Notwithstanding any other provision of law
or regulation, employees of foundations established by
Acts of Congress to solicit private sector funds on behalf
of Federal land management agencies shall qualify for
General Services Administration contract airfare rates and
Federal Government hotel accommodation rates when
such employees are traveling on official foundation busi-
ness.
SEC. 326. Notwithstanding any other provision of law
or regulation, to promote the more efficient use of the
health care funding allocation for fiscal year 2003, the
Eagle Butte Service Unit of the Indian Health Service,
at the request of the Cheyenne River Sioux Tribe, may
pay base salary rates to health professionals up to the
highest grade and step available to a physician, phar-
macist, or other health professional and may pay a recruit-
ment or retention bonus of up to 25 percent above the
base pay rate.
SEC. 327. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government except
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act.
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SEC. 328. 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-
sidered, for purposes of tort liability, employees of the
country receiving said services when the individuals are
fighting fires. The Secretary of Agriculture or the Sec-
retary of the Interior shall not enter into any agreement
under this provision unless the foreign country (either di-
rectly 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 remedies for acts or omissions com-
mitted 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. Neither 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. 329. PROHIBITION OF OIL AND GAS DRILLING
IN
THE
FINGER
LAKES
NATIONAL
FOREST, NEW
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YORK.—None of the funds in this Act may be used to
prepare or issue a permit or lease for oil or gas drilling
in the Finger Lakes National Forest, New York, during
fiscal year 2003.
SEC. 330. None of the funds provided in this Act may
be expended by the Department of the Interior to approve
any exploration plan, any development and production
plan, any application for permit to drill or to permit any
drilling on Outer Continental Shelf Southern California
Planning Area leases numbered OCS–P0443, OCS–
P0445, OCS–P0446, OCS–P0449, OCS–P0499, OCS–
P0500, OCS–P0210, OCS–P0527, OCS–P0460, OCS–
P0464, OCS–P0409, OCS–P0396, OCS–P0397, OCS–
P0402, OCS–P0403, OCS–P0408, OCS–P0414, OCS–
P0319, OCS–P0320, OCS–P0322, OCS–P0323–A, OCS–
P0426, OCS–P0427, OCS–P0432, OCS–P0435, OCS–
P0452, OCS–P0453, OCS–P0425, OCS–P0430, OCS–
P0431, OCS–P0433, OCS–P0434, OCS–P0415, OCS–
P0416, OCS–P0421, and OCS–P0422.
SEC. 331. None of the funds made available in this
Act may be used for the planning, design, or construction
of improvements to Pennsylvania Avenue in front of the
White House without the advance approval of the Commit-
tees on Appropriations.
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This Act may be cited as the ‘‘Department of the In-
terior and Related Agencies Appropriations Act, 2003’’.
Passed the House of Representatives July 17, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 503
107TH CONGRESS
2D SESSION
H. R. 5093
AN ACT
Making appropriations for the Department of the
Interior and related agencies for the fiscal year
ending September 30, 2003, and for other pur-
poses.
JULY 18, 2002
Received; read twice and placed on the calendar