H. J. Res. 2—267
permit in compliance with all applicable laws and regulations or
until the expiration of the renewed permit, whichever comes first.
Upon completion of the processing, the permit may be canceled,
suspended or modified, in whole or in part, to meet the requirements
of applicable laws and regulations. Nothing in this section shall
be deemed to alter the Secretary of Agriculture’s statutory
authority.
SEC. 329. Notwithstanding any other provision of law or regula-
tion, 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 recruitment
or retention bonus of up to 25 percent above the base pay rate.
SEC. 330. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priations Act.
SEC. 331. PROHIBITION OF OIL AND GAS DRILLING IN THE FINGER
LAKES NATIONAL FOREST, NEW 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. 332. 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 Committees on Appropriations.
SEC. 333. In awarding a Federal Contract with funds made
available by this Act, the Secretary of Agriculture and the Secretary
of the Interior (the ‘‘Secretaries’’) may, in evaluating bids and
proposals, give consideration to local contractors who are from,
and who provide employment and training for, dislocated and dis-
placed workers in an economically disadvantaged rural community,
including those historically timber-dependent areas that have been
affected by reduced timber harvesting on Federal lands and other
forest-dependent rural communities isolated from significant alter-
native employment opportunities: Provided, That the contract is
for forest hazardous fuels reduction, watershed or water quality
monitoring or restoration, wildlife or fish population monitoring,
or habitat restoration or management: Provided further, That the
terms ‘‘rural community’’ and ‘‘economically disadvantaged’’ shall
have the same meanings as in section 2374 of Public Law 101–
624: Provided further, That the Secretaries shall develop guidance
to implement this section: Provided further, That nothing in this
section shall be construed as relieving the Secretaries of any duty
under applicable procurement laws, except as provided in this sec-
tion.
SEC. 334. Section 401(e)(4)(B) of Public Law 105–83 is amended
after ‘‘Not more than’’ by striking ‘‘5 percent’’ and inserting ‘‘15
percent’’.
SEC. 335. The Record of Decision for the 2003 Supplemental
Environmental Impact Statement for the 1997 Tongass Land
Management Plan shall not be reviewed under any Forest Service
administrative appeal process, and its adequacy shall not be subject
to judicial review by any court of the United States.
H. J. Res. 2—268
SEC. 336. Section 7(c) of Public Law 106–143 is amended by
striking ‘‘2001’’ and inserting ‘‘2004’’.
SEC. 337. CLARIFICATION
OF
ALASKA
NATIVE
SETTLEMENT
TRUSTS. (a) Section 1629b of title 43, United States Code, is
amended—
(1) at subsection (d)(1) by striking ‘‘An’’ and inserting in
its place ‘‘Except as otherwise set forth in subsection (d)(3)
of this section, an’’;
(2) by creating the following new subsection:
‘‘(d)(3) A resolution described in subsection (a)(3) of this section
shall be considered to be approved by the shareholders of a Native
Corporation 
if 
it 
receives 
the 
affirmative 
vote 
of 
shares
representing—
‘‘(A) a majority of the shares present or represented by
proxy at the meeting relating to such resolution, or
‘‘(B) an amount of shares greater than a majority of the
shares present or represented by proxy at the meeting relating
to such resolution (but not greater than two-thirds of the total
voting power of the corporation) if the corporation establishes
such a level by an amendment to its articles of incorporation.’’;
and
(3) by creating the following new subsection:
‘‘(f) SUBSTANTIALLY ALL OF THE ASSETS.—For purposes of this
section and section 1629e of this title, a Native Corporation shall
be considered to be transferring all or substantially all of its assets
to a Settlement Trust only if such assets represent two-thirds
or more of the fair market value of the Native Corporation’s total
assets.’’.
(b) Section 1629e(a)(3) of title 43, United States Code, is
amended by striking subparagraph (B) and inserting in its place
the following:
‘‘(B) shall give rise to dissenters rights to the extent
provided under the laws of the State only if—
‘‘(i) the rights of beneficiaries in the Settlement
Trust receiving a conveyance are inalienable; and
‘‘(ii) a shareholder vote on such transfer is required
by (a)(4) of section 1629b of this title.’’.
SEC. 338. Congress reaffirms its original intent that the Herger-
Feinstein Quincy Library Group Forest Recovery Act of 1998 be
implemented, and hereby extends the expiration of the Quincy
Library Group Act by 5 years.
SEC. 339. AMENDMENT TO TITLES I AND II OF THE ENERGY
POLICY AND CONSERVATION ACT. (a) Title I of the Energy Policy
and Conservation Act (42 U.S.C. 6231–6247b) is amended—
(1) by amending section 166 (42 U.S.C. 6246) to read as
follows:
‘‘SEC. 166. There are authorized to be appropriated such sums
as may be necessary to implement this part, to remain available
until expended.’’;
(2) in section 186 (42 U.S.C. 6250e), by striking ‘‘for fiscal
years 2001, 2002, and 2003’’; and
(3) in section 191 (42 U.S.C. 6251), by striking ‘‘September
30, 2003’’ each time it appears and inserting ‘‘September 30,
2008’’.
(b) Title II of the Energy Policy and Conservation Act (42
U.S.C. 6211–6251) is amended—
H. J. Res. 2—269
(1) by amending section 256(h) (42 U.S.C. 6276) to read
as follows:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to implement
this part, to remain available until expended.’’; and
(2) in section 281 (42 U.S.C. 6285), by striking ‘‘September
30, 2003’’ each time it appears and inserting ‘‘September 30, 2008’’.
SEC. 340. No funds appropriated in this Act for the acquisition
of lands or interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without the
approval of the House and Senate Committees on Appropriations:
Provided, That this provision shall not apply to funds appropriated
to implement the Everglades National Park Protection and Expan-
sion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
SEC. 341. DESIGNATION OF PANTHERTOWN VALLEY TRACT OF
NANTAHALA NATIONAL FOREST, JACKSON COUNTY, NORTH CAROLINA,
IN HONOR OF JAMES AND ELSPETH MCCLURE CLARKE. The portion
of the Nantahala National Forest in Jackson County, North Caro-
lina, known as the Panthertown Valley tract and consisting of
approximately 6,294 acres is hereby designated as the ‘‘James and
Elspeth McClure Clarke Forest’’ in honor of James and Elspeth
McClure Clarke.
TITLE IV—T’UF SHUR BIEN
PRESERVATION TRUST AREA
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘T’uf Shur Bien Preservation
Trust Area Act’’.
SEC. 402. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) in 1748, the Pueblo of Sandia received a grant from
a representative of the King of Spain, which grant was recog-
nized and confirmed by Congress in 1858 (11 Stat. 374); and
(2) in 1994, the Pueblo filed a civil action against the
Secretary of the Interior and the Secretary of Agriculture in
the United States District Court for the District of Columbia
(Civil No. 1:94CV02624), asserting that Federal surveys of the
grant boundaries erroneously excluded certain land within the
Cibola National Forest, including a portion of the Sandia Moun-
tain Wilderness.
(b) PURPOSES.—The purposes of this title are—
(1) to establish the T’uf Shur Bien Preservation Trust
Area in the Cibola National Forest;
(2) to confirm the status of national forest land and wilder-
ness land in the Area while resolving issues associated with
the civil action referred to in subsection (a)(2) and the opinions
of the Solicitor of the Department of the Interior dated
December 9, 1988 (M–36963; 96 I.D. 331) and January 19,
2001 (M–37002); and
(3) to provide the Pueblo, the parties to the civil action,
and the public with a fair and just settlement of the Pueblo’s
claim.
H. J. Res. 2—270
SEC. 403. DEFINITIONS.
In this title:
(1) AREA.—
(A) IN
GENERAL.—The term ‘‘Area’’ means the T’uf
Shur Bien Preservation Trust Area, comprised of approxi-
mately 9890 acres of land in the Cibola National Forest,
as depicted on the map.
(B) EXCLUSIONS.—The term ‘‘Area’’ does not include—
(i) the subdivisions;
(ii) Pueblo-owned land;
(iii) the crest facilities; or
(iv) the special use permit area.
(2) CREST FACILITIES.—The term ‘‘crest facilities’’ means—
(A) all facilities and developments located on the crest
of Sandia Mountain, including the Sandia Crest Electronic
Site;
(B) electronic site access roads;
(C) the Crest House;
(D) the upper terminal, restaurant, and related facili-
ties of Sandia Peak Tram Company;
(E) the Crest Observation Area;
(F) parking lots;
(G) restrooms;
(H) the Crest Trail (Trail No. 130);
(I) hang glider launch sites;
(J) the Kiwanis cabin; and
(K) the land on which the facilities described in sub-
paragraphs (A) through (J) are located and the land
extending 100 feet along terrain to the west of each such
facility, unless a different distance is agreed to in writing
by the Secretary and the Pueblo and documented in the
survey of the Area.
(3) EXISTING USE.—The term ‘‘existing use’’ means a use
that—
(A) is occurring in the Area as of the date of enactment
of this Act; or
(B) is authorized in the Area after November 1, 1995,
but before the date of enactment of this Act.
(4) LA LUZ TRACT.—The term ‘‘La Luz tract’’ means the
tract comprised of approximately 31 acres of land owned in
fee by the Pueblo and depicted on the map.
(5) LOCAL
PUBLIC
BODY.—The term ‘‘local public body’’
means a political subdivision of the State of New Mexico (as
defined in New Mexico Code 6–5–1).
(6) MAP.—The term ‘‘map’’ means the Forest Service map
entitled ‘‘T’uf Shur Bien Preservation Trust Area’’ and dated
April 2000.
(7) MODIFIED USE.—
(A) IN GENERAL.—The term ‘‘modified use’’ means an
existing use that, at any time after the date of enactment
of this Act, is modified or reconfigured but not significantly
expanded.
(B) INCLUSIONS.—The term ‘‘modified use’’ includes—
(i) a trail or trailhead being modified, such as
to accommodate handicapped access;
(ii) a parking area being reconfigured (but not
expanded); and