105
HR 4578 EAS
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, $6,500,000:
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 COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as
authorized by Public Law 96–388 (36 U.S.C. 1401), as
amended, $34,439,000, of which $1,900,000 for the muse-
um’s repair and rehabilitation program and $1,264,000 for
the museum’s exhibitions program shall remain available
until expended.
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,
$23,400,000 shall be available to the Presidio Trust, to re-
main available until expended. The Trust is authorized to
issue obligations to the Secretary of the Treasury pursuant
106
HR 4578 EAS
to section 104(d)(3) of the Act, in an amount not to exceed
$10,000,000.
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 under this
Act shall be available to the Secretary of the Interior or
the Secretary of Agriculture for the leasing of oil and nat-
ural gas by noncompetitive bidding on publicly owned
lands within the boundaries of the Shawnee National For-
est, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access
to minerals owned by private individuals.
SEC. 303. 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.
107
HR 4578 EAS
SEC. 304. 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. 305. 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-
ants to any officer or employee of such department or agen-
cy except as otherwise provided by law.
SEC. 306. 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. 307. 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 2000.
SEC. 308. 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.
108
HR 4578 EAS
SEC. 309. None of the funds appropriated or otherwise
made available by this Act may be used for the AmeriCorps
program, unless the relevant agencies of the Department of
the Interior and/or Agriculture follow appropriate re-
programming guidelines: Provided, That if no funds are
provided for the AmeriCorps program by the Departments
of Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 2001, then
none of the funds appropriated or otherwise made available
by this Act may be used for the AmeriCorps programs.
SEC. 310. None of the funds made available in this
Act may be used: (1) to demolish the bridge between Jersey
City, New Jersey, and Ellis Island; or (2) to prevent pedes-
trian use of such bridge, when it is made known to the Fed-
eral official having authority to obligate or expend such
funds that such pedestrian use is consistent with generally
accepted safety standards.
SEC. 311. (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
that, for the claim concerned: (1) a patent application was
109
HR 4578 EAS
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, 2001, 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
set forth in subsection (b). The Bureau of Land Manage-
110
HR 4578 EAS
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. 312. 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, and 106–113 for payments
to tribes and tribal organizations for contract support costs
associated with self-determination or self-governance con-
tracts, 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 avail-
able for fiscal years 1994 through 2001 for such purposes,
except that, for the Bureau of Indian Affairs, tribes and
tribal organizations may use their tribal priority alloca-
tions for unmet indirect costs of ongoing contracts, grants,
self-governance compacts or annual funding agreements.
SEC. 313. Notwithstanding any other provision of law,
for fiscal year 2001 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ‘‘Jobs in the
Woods’’ component of the President’s Forest Plan for the
Pacific Northwest or the Jobs in the Woods Program estab-
111
HR 4578 EAS
lished in Region 10 of the Forest Service to individuals and
entities in historically timber-dependent areas in the States
of Washington, Oregon, northern California and Alaska
that have been affected by reduced timber harvesting on
Federal lands.
SEC. 314. None of the funds collected under the Rec-
reational Fee Demonstration program may be used to plan,
design, or construct a visitor center or any other permanent
structure without prior approval of the House and the Sen-
ate Committees on Appropriations if the estimated total
cost of the facility exceeds $500,000.
SEC. 315. All interests created under leases, conces-
sions, permits and other agreements associated with the
properties administered by the Presidio Trust shall be ex-
empt from all taxes and special assessments of every kind
by the State of California and its political subdivisions.
SEC. 316. None of the funds made available in this
or any other Act for any fiscal year may be used to des-
ignate, or to post any sign designating, any portion of Ca-
naveral National Seashore in Brevard County, Florida, as
a clothing-optional area or as an area in which public nu-
dity is permitted, if such designation would be contrary to
county ordinance.
SEC. 317. Of the funds provided to the National En-
dowment for the Arts—
112
HR 4578 EAS
(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
contents of the season, including identified programs
and/or projects.
SEC. 318. 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-
113
HR 4578 EAS
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. 319. (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:
(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
114
HR 4578 EAS
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—
(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
115
HR 4578 EAS
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. 320. No part of any appropriation contained in
this Act shall be expended or obligated to fund new revisions
of national forest land management plans until new final
or interim final rules for forest land management planning
are published in the Federal Register. Those national forests
which are currently in a revision process, having formally
published a Notice of Intent to revise prior to October 1,
1997; those national forests having been court-ordered to re-
vise; those national forests where plans reach the 15 year
legally mandated date to revise before or during calendar
year 2001; national forests within the Interior Columbia
Basin Ecosystem study area; and the White Mountain Na-
tional Forest are exempt from this section and may use
funds in this Act and proceed to complete the forest plan
revision in accordance with current forest planning regula-
tions.
SEC. 321. 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.
116
HR 4578 EAS
SEC. 322. 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.
SEC. 323. Notwithstanding any other provision of law,
none of the funds in this Act may be used for GSA Tele-
communication Centers or the President’s Council on Sus-
tainable Development.
SEC. 324. 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. 325. Amounts deposited during fiscal year 2000
in the roads and trails fund provided for in the fourteenth
paragraph 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 Forest
System lands or to carry out and administer projects to
improve forest health conditions, which may include the re-
pair or reconstruction of roads, bridges, and trails on Na-
tional Forest System lands in the wildland-community