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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
proposal on which congressional action is not complete.
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
servants to any officer or employee of such department
or agency 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 Ap-
propriations and are approved by such committees.
SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c; popularly known as the ‘‘Buy American Act’’).
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(b) SENSE OF THE CONGRESS; REQUIREMENT RE-
GARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending the assistance, purchase only American-
made equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each Federal agen-
cy shall provide to each recipient of the assistance
a notice describing the statement made in paragraph
(1) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
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this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
(d) EFFECTIVE DATE.—The provisions of this sec-
tion are applicable in fiscal year 2000 and thereafter.
SEC. 308. 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 2000.
SEC. 309. 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.
SEC. 310. None of the funds appropriated or other-
wise 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 ap-
propriate reprogramming 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 other-
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wise made available by this Act may be used for the
AmeriCorps programs.
SEC. 311. None of the funds made available in this
Act may be used: (1) to demolish the bridge between Jer-
sey City, New Jersey, and Ellis Island; or (2) to prevent
pedestrian use of such bridge, when it is made known to
the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with gen-
erally accepted safety standards.
SEC. 312. (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
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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 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. 313. Notwithstanding any other provision of
law, amounts appropriated to or earmarked in committee
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reports 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 pay-
ments to tribes and tribal organizations for contract sup-
port costs associated with self-determination or self-gov-
ernance contracts, grants, compacts, or annual funding
agreements with the Bureau of Indian Affairs or the In-
dian Health Service as funded by such Acts, are the total
amounts available for fiscal years 1994 through 2000 for
such purposes, except that, for the Bureau of Indian Af-
fairs, tribes and tribal organizations may use their tribal
priority allocations for unmet indirect costs of ongoing
contracts, grants, self-governance compacts or annual
funding agreements.
SEC. 314. Notwithstanding any other provision of
law, for fiscal year 2001 the Secretaries of Agriculture and
the Interior are authorized to limit competition for water-
shed 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
established in Region 10 of the Forest Service to individ-
uals and entities in historically timber-dependent areas in
the States of Washington, Oregon, northern California
and Alaska that have been affected by reduced timber har-
vesting on Federal lands.
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SEC. 315. 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 per-
manent structure without prior approval of the House and
the Senate Committees on Appropriations if the estimated
total cost of the facility exceeds $500,000.
SEC. 316. All interests created under leases, conces-
sions, permits and other agreements associated with the
properties administered by the Presidio Trust, hereafter
shall be exempt from all taxes and special assessments of
every kind by the State of California and its political sub-
divisions.
SEC. 317. 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. 318. 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-
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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.
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. 319. 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-
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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. 320. (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
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.
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(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.
(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
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(4) the Chairperson shall encourage the use of
grants to improve and support community-based
music performance and education.
SEC. 321. No part of any appropriation contained in
this Act shall be expended or obligated to fund new revi-
sions 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 na-
tional 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 revise; those national forests where
plans reach the 15 year legally mandated date to revise
before or during calendar year 2001; national forests with-
in the Interior Columbia Basin Ecosystem study area; and
the White Mountain National Forest are exempt from this
section and may use funds in this Act and proceed to com-
plete the forest plan revision in accordance with current
forest planning regulations.
SEC. 322. 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. 323. None of the funds in this Act may be used
to support Government-wide administrative functions un-
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less such functions are justified in the budget process and
funding is approved by the House and Senate Committees
on Appropriations.
SEC. 324. Notwithstanding any other provision of
law, none of the funds in this Act may be used for GSA
Telecommunication Centers or the President’s Council on
Sustainable Development.
SEC. 325. 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. 326. 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 re-
gard 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 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
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to human safety and public health and property and en-
hancing ecological functions, long-term forest productivity,
and biological integrity. The Secretary shall commence the
projects during fiscal year 2001, but the projects may be
completed in a subsequent fiscal year. Funds shall not be
expended under this section to replace funds which would
otherwise appropriately be expended from the timber sal-
vage sale fund. Nothing in this section shall be construed
to exempt any project from any environmental law.
SEC. 327. None of the funds provided in this or pre-
vious appropriations Acts for the agencies funded by this
Act or provided from any accounts in the Treasury of the
United States derived by the collection of fees available
to the agencies funded by this Act, shall be transferred
to or used to fund personnel, training, or other adminis-
trative activities at the Council on Environmental Quality
or other offices in the Executive Office of the President
for purposes related to the American Heritage Rivers pro-
gram.
SEC. 328. Other than in emergency situations, none
of the funds in this Act may be used to operate telephone
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.
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SEC. 329. 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 red cedar: Provided, That sales
which are deficit when appraised under the transaction
evidence appraisal system using domestic Alaska values
for western red cedar 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 2001, 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
red cedar, all of the western red cedar 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 2001, less
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
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using domestic Alaska values for western red cedar, the
volume of western red cedar 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 red cedar volume de-
termined by calculating the ratio of the total timber vol-
ume 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 percentage shall be calculated by Region 10 on a roll-
ing basis as each sale is sold (for purposes of this amend-
ment, a ‘‘rolling basis’’ shall mean that the determination
of how much western red cedar is eligible for sale to var-
ious markets shall be made at the time each sale is award-
ed). Western red cedar shall be deemed ‘‘surplus to the
needs of domestic processors in Alaska’’ when the timber
sale holder has presented to the Forest Service docu-
mentation of the inability to sell western red cedar logs
from a given sale to domestic Alaska processors at price
equal to or greater than the log selling value stated in
the contract. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the elec-
tion of the timber sale holder. All Alaska yellow cedar may
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be sold at prevailing export prices at the election of the
timber sale holder.
SEC. 330. None of the funds appropriated by this Act
shall be used to propose or issue rules, regulations, de-
crees, or orders for the purpose of implementation, or in
preparation for implementation, of the Kyoto Protocol
which was adopted on December 11, 1997, in Kyoto,
Japan at the Third Conference of the Parties to the
United Nations Framework Convention on Climate
Change, which has not been submitted to the Senate for
advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and
which has not entered into force pursuant to article 25
of the Protocol.
SEC. 331. Notwithstanding any other provision of
law, none of the funds in this Act may be used to enter
into any new or expanded self-determination contract or
grant or self-governance compact pursuant to the Indian
Self-Determination Act of 1975, as amended, for any ac-
tivities not previously covered by such contracts, compacts
or grants. Nothing in this section precludes the continu-
ation of those specific activities for which self-determina-
tion and self-governance contracts, compacts and grants
currently exist or the renewal of contracts, compacts and
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grants for those activities or compliance with 25 U.S.C.
2005.
SEC. 332. In fiscal years 2001 through 2005, the
Secretaries of the Interior and Agriculture may pilot test
joint permitting and leasing programs, subject to annual
review of Congress, and promulgate special rules as need-
ed to test the feasibility of issuing unified permits, applica-
tions, and leases. The Secretaries of the Interior and Agri-
culture may make reciprocal delegations of their respective
authorities, duties and responsibilities in support of the
‘‘Service First’’ initiative to promote customer service and
efficiency. Nothing herein shall alter, expand or limit the
applicability of any public law or regulation to lands ad-
ministered by the Bureau of Land Management or the
Forest Service.
SEC. 333. FEDERAL AND STATE COOPERATIVE WA-
TERSHED RESTORATION AND PROTECTION IN COLORADO.
(a) USE OF COLORADO STATE FOREST SERVICE.—Until
September 30, 2004, the Secretary of Agriculture, via co-
operative agreement or contract (including sole source
contract) as appropriate, may permit the Colorado State
Forest Service to perform watershed restoration and pro-
tection services on National Forest System lands in the
State of Colorado when similar and complementary water-
shed restoration and protection services are being per-
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formed by the State Forest Service on adjacent State or
private lands. The types of services that may be extended
to National Forest System lands include treatment of in-
sect infected trees, reduction of hazardous fuels, and other
activities to restore or improve watersheds or fish and
wildlife habitat across ownership boundaries.
(b) STATE AS AGENT.—Except as provided in sub-
section (c), a cooperative agreement or contract under
subsection (a) may authorize the State Forester of Colo-
rado to serve as the agent for the Forest Service in pro-
viding all services necessary to facilitate the performance
of watershed restoration and protection services under
subsection (a). The services to be performed by the Colo-
rado State Forest Service may be conducted with sub-
contracts utilizing State contract procedures. Subsections
(d) and (g) of section 14 of the National Forest Manage-
ment Act of 1976 (16 U.S.C. 472a) shall not apply to
services performed under a cooperative agreement or con-
tract under subsection (a).
(c) RETENTION OF NEPA RESPONSIBILITIES.—With
respect to any watershed restoration and protection serv-
ices on National Forest System lands proposed for per-
formance by the Colorado State Forest Service under sub-
section (a), any decision required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C.
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4321 et seq.) may not be delegated to the State Forester
of Colorado or any other officer or employee of the Colo-
rado State Forest Service.
SEC. 334. None of the funds made available under
this Act may be used to issue a record of decision or any
policy implementing the Interior Columbia Basin Eco-
system Management Project not prepared pursuant to law
as set forth in chapter 6 of title 5, United States Code.
SEC. 335. None of the funds provided in this Act,
for the agencies funded by this Act, shall be expended for
the purposes of design, planning or management of Fed-
eral Lands as National Monuments that are designated
as National Monuments under the 1906 Antiquities Act,
since 1999.
TITLE IV—FISCAL YEAR 2000 EMERGENCY
SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WILDLAND FIRE MANAGEMENT
For an additional amount in fiscal year 2000 for
‘‘Wildland Fire Management’’, $200,000,000, to remain
available until expended, for emergency rehabilitation and
wildfire suppression activities: Provided, That the entire
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Bal-
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anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That this amount shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount as an emergency requirement as defined
by such Act, is transmitted by the President to the Con-
gress.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WILDLAND FIRE MANAGEMENT
For an additional amount in fiscal year 2000 for
‘‘Wildland Fire Management’’, $150,000,000, to remain
available until expended, for emergency rehabilitation,
presuppression, and wildfire suppression: Provided, That
the entire amount is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That this amount
shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designa-
tion of the entire amount as an emergency requirement
as defined by such Act, is transmitted by the President
to the Congress.
This Act may be cited as the ‘‘Department of the In-
terior and Related Agencies Appropriations Act, 2001’’.
Union Calendar No. 356
106TH CONGRESS
2D SESSION
H. R. 4578
[Report No. 106–646]
A BILL
Making appropriations for the Department of the
Interior and related agencies for the fiscal year
ending September 30, 2001, and for other pur-
poses.
JUNE 1, 2000
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed