H. J. Res. 2—233
SEC. 130. The National Park Service may in fiscal year 2003
and thereafter enter into a cooperative agreement with and transfer
funds to Capital Concerts, a nonprofit organization, for the purpose
of carrying out programs pursuant to 31 U.S.C. 6305.
SEC. 131. No later than 30 days after enactment of this Act,
the Secretary of the Interior shall provide to the House and Senate
Committees on Appropriations and the House Committee on
Resources and the Senate Committee on Indian Affairs a summary
of the Ernst and Young report on the historical accounting for
the five named plaintiffs in Cobell v. Norton. The summary shall
not provide individually identifiable financial information, but shall
fully describe the aggregate results of the historical accounting.
SEC. 132. None of the funds in this or any other Act for
the Department of the Interior or the Department of Justice can
be used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United States
District Court for the District of Columbia in the Cobell v. Norton
litigation at an annual rate that exceeds 200 percent of the highest
Senior Executive Service rate of pay for the Washington-Baltimore
locality pay area.
SEC. 133. Within 90 days of enactment of this Act the Special
Trustee for American Indians, in consultation with the Secretary
of the Interior and the Tribes, shall appoint new members to the
Special Trustee Advisory Board.
SEC. 134. The Secretary of the Interior may use discretionary
funds to pay private attorneys fees and costs for employees and
former employees of the Department of the Interior reasonably
incurred in connection with Cobell v. Norton to the extent that
such fees and costs are not paid by the Department of Justice
or by private insurance. In no case shall the Secretary make pay-
ments under this section that would result in payment of hourly
fees in excess of the highest hourly rate approved by the District
Court for the District of Columbia for counsel in Cobell v. Norton.
SEC. 135. Section 124(a) of the Department of the Interior
and Related Agencies Appropriation Act, 1997 (16 U.S.C. 1011
(a)), as amended, is further amended by inserting after the phrase
‘‘appropriations made for the Bureau of Land Management’’ the
phrase ‘‘including appropriations for the Wildland Fire Management
account allocated to the National Park Service, Fish and Wildlife
Service, and Bureau of Indian Affairs’’.
SEC. 136. Public Law 107–106 is amended as follows: in section
5(a) strike ‘‘9 months after the date of enactment of the Act’’
and insert in lieu thereof ‘‘September 30, 2003’’.
SEC. 137. Notwithstanding any other provision of law, the
funds provided in the Labor, Health and Human Services, Education
and Related Agencies Appropriations Act of 2002, Public Law 107–
116, for the National Museum of African American History and
Culture Plan for Action Presidential Commission shall remain avail-
able until expended.
SEC. 138. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endan-
gered species of salmon, implement a system of mass marking
of salmonid stocks, intended for harvest, that are released from
Federally operated or Federally financed hatcheries including but
not limited to fish releases of coho, chinook, and steelhead species.
Marked fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
H. J. Res. 2—234
SEC. 139. The visitor center at the Bitter Lake National Wildlife
Refuge in New Mexico shall be named for Joseph R. Skeen and,
hereafter, shall be referred to in any law, document, or record
of the United States as the ‘‘Joseph R. Skeen Visitor Center’’.
SEC. 140. 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 transportation services at Zion
National Park or Rocky Mountain National Park, the Secretary
of the Interior may obligate the expenditure of fees expected to
be received in that fiscal year before the fees are received, so
long as total obligations do not exceed fee collections retained at
Zion National Park or Rocky Mountain National Park, respectively,
by the end of that fiscal year.
SEC. 141. Section 6(f) of Public Law 88–578 as amended shall
not apply to LWCF program #02–00010.
SEC. 142. 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 Presi-
dential memorial in cooperation with non-Federal partners.
SEC. 143. Notwithstanding any other provision of law, funds
appropriated and remaining available in the Construction (Trust
Fund) account of the National Park Service 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. 144. 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 Transition Assistance Act of 1992, and other
related legislation.
SEC. 145. (a) IN GENERAL.—Nothing in section 134 of the
Department of the Interior and Related Agencies Appropriations
Act, 2002 (115 Stat. 443) affects the decision 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 Appropria-
tions 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. 146. Section 3(f)(2)(B) of Public Law 99–548 (100 Stat.
3061; 113 Stat. 1501A–168) is amended by striking ‘‘(iv) Sec. 8.’’
and inserting the following:
‘‘(iv) Sec. 7.
‘‘(v) Sec. 8.’’.
SEC. 147. Not to exceed $650,000 of the funds made available
under the heading ‘‘United States Fish and Wildlife Service,
Construction’’ in Public Law 107–63 for hangar roof replacement
at Midway Atoll National Wildlife Refuge, and such sums as may
be necessary from ‘‘Departmental Management, Salaries and
Expenses’’, may be transferred to ‘‘United States Fish and Wildlife
Service, Resource Management’’ for operational needs at Midway
Atoll National Wildlife Refuge.
SEC. 148. Public Law 107–331 is amended in sections 301(b)
and 301(d) by striking the word ‘‘Secretary’’ each place it appears
H. J. Res. 2—235
and inserting in lieu thereof the word ‘‘Director’’, 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. 149. 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. 150. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.
(a) DECREASED COST-SHARING REQUIREMENT.—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 inserting the fol-
lowing:
‘‘(2) WAIVER.—The Secretary’’;
(4) by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs
(1) and (3)’’; and
(5) by adding at the end the following:
‘‘(3) EXCEPTION.—The Secretary shall not obligate 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 Management 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 appro-
priated from the Historic Preservation Fund to carry out this
section $10,000,000 for each of fiscal years 2003 through 2008.’’.
SEC. 151. The document entitled ‘‘Final Environmental 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 to meet the requirements of section
102(2)(C) of the National 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. 152. MISSOURI RIVER. It is the sense of the Congress
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. 153. TREATMENT OF ABANDONED MINE RECLAMATION FUND
INTEREST. (a) IN GENERAL.—In addition to the transfer provided
for in section 402(h) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(h)), interest credited to the fund estab-
lished by section 401 of such Act (30 U.S.C. 1231) shall be trans-
ferred to the Combined Fund identified in section 402(h)(2) up
H. J. Res. 2—236
to such amount as is estimated by the trustees of such Combined
Fund to offset the amount of any deficit in net assets in the
Combined Fund. The cumulative additional amount that may be
transferred under this section from the date of enactment of this
Act through September 30, 2004 shall not 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 Mining Control and Rec-
lamation 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. 154. 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. 155. REPLACEMENT
OF COASTAL BARRIER RESOURCES
SYSTEM MAP. (a) IN GENERAL.—The map described 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 referred to in
subsection (a) is the map that—
(1) relates to Plum Island Unit VA–59P and Long Creek
Unit VA–60/VA–60P located in Poquoson and Hampton, Vir-
ginia; 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. 156. SENSE OF THE CONGRESS REGARDING SOUTHERN CALI-
FORNIA 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, including some
leases that have been under review for over 30 years;
and
(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 compensation; and
(B) are engaged in settlement negotiations with the
Secretary of the Interior for the retirement 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