II
Calendar No. 628
106TH CONGRESS
2D SESSION
H.R. 4578
[Report No. 106–312]
Making appropriations for the Department of the Interior and related agencies
for the fiscal year ending September 30, 2001, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 19, 2000
Received; read twice and referred to the Committee on Appropriations
JUNE 22, 2000
Reported by Mr. GORTON, with an amendment
[Strike all after the enacting clause and insert the part printed in italic]
AN ACT
Making appropriations for the Department of the Interior
and related agencies for the fiscal year ending September
30, 2001, and for other purposes.
HR 4578 RS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Department of the Interior and related agencies for the
fiscal year ending September 30, 2001, and for other pur-
poses, namely:
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improve-
ment, development, disposal, cadastral surveying, classi-
fication, acquisition of easements and other interests in
lands, and performance of other functions, including
maintenance of facilities, as authorized by law, in the
management of lands and their resources under the juris-
diction of the Bureau of Land Management, including
the general administration of the Bureau, and assessment
of mineral potential of public lands pursuant to Public
Law 96–487 (16 U.S.C. 3150(a)), $674,571,000 (re-
duced by $4,000,000), to remain available until ex-
pended, of which $2,198,000 shall be available for assess-
ment of the mineral potential of public lands in Alaska
pursuant to section 1010 of Public Law 96–487 (16
U.S.C. 3150); and of which not to exceed $1,000,000
HR 4578 RS
shall be derived from the special receipt account estab-
lished by the Land and Water Conservation Act of 1965,
as
amended
(16
U.S.C.
460l–6a(i));
and
of
which
$2,500,000 shall be available in fiscal year 2001 subject
to a match by at least an equal amount by the National
Fish and Wildlife Foundation, to such Foundation for
cost-shared projects supporting conservation of Bureau
lands and such funds shall be advanced to the Founda-
tion as a lump sum grant without regard to when ex-
penses are incurred; in addition, $33,366,000 for Mining
Law Administration program operations, including the
cost of administering the mining claim fee program; to
remain
available
until
expended,
to
be
reduced
by
amounts collected by the Bureau and credited to this ap-
propriation from annual mining claim fees so as to result
in a final appropriation estimated at not more than
$674,571,000, and $2,000,000, to remain available until
expended, from communication site rental fees estab-
lished by the Bureau for the cost of administering com-
munication site activities: Provided, That appropriations
herein made shall not be available for the destruction of
healthy, unadopted, wild horses and burros in the care of
the Bureau or its contractors.
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WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, sup-
pression operations, emergency rehabilitation and haz-
ardous fuels reduction by the Department of the Interior,
$292,197,000, to remain available until expended, of
which not to exceed $9,300,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds
are also available for repayment of advances to other ap-
propriation accounts from which funds were previously
transferred for such purposes: Provided further, That un-
obligated balances of amounts previously appropriated to
the ‘‘Fire Protection’’ and ‘‘Emergency Department of the
Interior Firefighting Fund’’ may be transferred and
merged with this appropriation: Provided further, That
persons hired pursuant to 43 U.S.C. 1469 may be fur-
nished subsistence and lodging without cost from funds
available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bu-
reau or office of the Department of the Interior for fire
protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to
the appropriation from which funds were expended to pro-
vide that protection, and are available without fiscal year
limitation.
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CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the In-
terior and any of its component offices and bureaus for
the remedial action, including associated activities, of haz-
ardous waste substances, pollutants, or contaminants pur-
suant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C.
9601 et seq.), $10,000,000, to remain available until ex-
pended: Provided, That notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or
as reimbursement for remedial action or response activi-
ties conducted by the Department pursuant to section 107
or 113(f) of such Act, shall be credited to this account
to be available until expended without further appropria-
tion: Provided further, That such sums recovered from or
paid by any party are not limited to monetary payments
and may include stocks, bonds or other personal or real
property, which may be retained, liquidated, or otherwise
disposed of by the Secretary and which shall be credited
to this account.
CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $5,300,000 (re-
duced by $1,000,000 and increased by $1,000,000), to re-
main available until expended.
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PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of Octo-
ber 20, 1976, as amended (31 U.S.C. 6901–6907),
$134,385,000 (increased by $10,000,000), of which not
to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to oth-
erwise eligible units of local government if the computed
amount of the payment is less than $100.
LAND ACQUISITION
For expenses necessary to carry out sections 205,
206, and 318(d) of Public Law 94–579, including admin-
istrative expenses and acquisition of lands or waters, or
interests therein, $19,000,000 (reduced by $3,000,000
and increased by $3,000,000), to be derived from the
Land and Water Conservation Fund, to remain available
until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and
on adjacent rights-of-way; and acquisition of lands or in-
terests therein including existing connecting roads on or
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adjacent to such grant lands, $100,467,000, to remain
available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant
lands is hereby made a charge against the Oregon and
California land-grant fund and shall be transferred to the
General Fund in the Treasury in accordance with the sec-
ond paragraph of subsection (b) of title II of the Act of
August 28, 1937 (50 Stat. 876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law
102–381, funds made available in the Forest Ecosystem
Health and Recovery Fund can be used for the purpose
of planning, preparing, and monitoring salvage timber
sales and forest ecosystem health and recovery activities
such as release from competing vegetation and density
control treatments. The Federal share of receipts (defined
as the portion of salvage timber receipts not paid to the
counties under 43 U.S.C. 1181f and 43 U.S.C. 1181–1
et seq., and Public Law 103–66) derived from treatments
funded by this account shall be deposited into the Forest
Ecosystem Health and Recovery Fund.
HR 4578 RS
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of
lands and interests therein, and improvement of Federal
rangelands pursuant to section 401 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701),
notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315 et seq.) and the amount designated for range improve-
ments from grazing fees and mineral leasing receipts from
Bankhead-Jones lands transferred to the Department of
the
Interior
pursuant
to
law,
but
not
less
than
$10,000,000, to remain available until expended: Pro-
vided, That not to exceed $600,000 shall be available for
administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related
to processing application documents and other authoriza-
tions for use and disposal of public lands and resources,
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations,
and for rehabilitation of damaged property, such amounts
as may be collected under Public Law 94–579, as amend-
ed, and Public Law 93–153, to remain available until ex-
HR 4578 RS
pended: Provided, That notwithstanding any provision to
the contrary of section 305(a) of Public Law 94–579 (43
U.S.C. 1735(a)), any moneys that have been or will be
received pursuant to that section, whether as a result of
forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43
U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to im-
prove, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which
have been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such ac-
tion are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that
are in excess of amounts needed to repair damage to the
exact land for which funds were collected may be used to
repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended
under existing laws, there is hereby appropriated such
amounts as may be contributed under section 307 of the
Act of October 21, 1976 (43 U.S.C. 1701), and such
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
HR 4578 RS
ted lands under section 211(b) of that Act, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management
shall be available for purchase, erection, and dismantle-
ment of temporary structures, and alteration and mainte-
nance of necessary buildings and appurtenant facilities to
which the United States has title; up to $100,000 for pay-
ments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of en-
forcement activities authorized or approved by the Sec-
retary and to be accounted for solely on his certificate,
not to exceed $10,000: Provided, That notwithstanding 44
U.S.C. 501, the Bureau may, under cooperative cost-shar-
ing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with
jointly produced publications for which the cooperators
share the cost of printing either in cash or in services,
and the Bureau determines the cooperator is capable of
meeting accepted quality standards.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and
Wildlife Service, for scientific and economic studies, con-
HR 4578 RS
servation, management, investigations, protection, and
utilization of fishery and wildlife resources, except whales,
seals, and sea lions, maintenance of the herd of long-
horned cattle on the Wichita Mountains Wildlife Refuge,
general administration, and for the performance of other
authorized functions related to such resources by direct
expenditure, contracts, grants, cooperative agreements
and reimbursable agreements with public and private enti-
ties, $731,400,000, to remain available until September
30, 2002, except as otherwise provided herein, of which
not less than $2,000,000 shall be provided to local govern-
ments in southern California for planning associated with
the Natural Communities Conservation Planning (NCCP)
program and shall remain available until expended: Pro-
vided, That not less than $2,000,000 for high priority
projects which shall be carried out by the Youth Conserva-
tion Corps as authorized by the Act of August 13, 1970,
as
amended:
Provided
further,
That
not
to
exceed
$6,395,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Spe-
cies Act, as amended, for species that are indigenous to
the United States (except for processing petitions, devel-
oping and issuing proposed and final regulations, and tak-
ing any other steps to implement actions described in sub-
section (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)): Provided
HR 4578 RS
further, That of the amount available for law enforcement,
up to $400,000 to remain available until expended, may
at the discretion of the Secretary, be used for payment
for information, rewards, or evidence concerning violations
of laws administered by the Service, and miscellaneous
and emergency expenses of enforcement activity, author-
ized or approved by the Secretary and to be accounted
for solely on his certificate: Provided further, That of the
amount provided for environmental contaminants, up to
$1,000,000 may remain available until expended for con-
taminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or re-
moval of buildings and other facilities required in the con-
servation, management, investigation, protection, and uti-
lization of fishery and wildlife resources, and the acquisi-
tion of lands and interests therein, $48,395,000, to remain
available until expended.
LAND ACQUISITION
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable
to
the
United
States
Fish
and
Wildlife
Service,
HR 4578 RS
$30,000,000, to be derived from the Land and Water Con-
servation Fund, to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION
FUND
For expenses necessary to carry out the provisions
of the Endangered Species Act of 1973 (16 U.S.C. 1531–
1543), as amended, $23,000,000, to be derived from the
Cooperative Endangered Species Conservation Fund, to
remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $10,439,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions
of the North American Wetlands Conservation Act, Public
Law 101–233, as amended, $15,499,000, to remain avail-
able until expended.
WILDLIFE CONSERVATION AND APPRECIATION FUND
For necessary expenses of the Wildlife Conservation
and Appreciation Fund, $797,000, to remain available
until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Ele-
phant Conservation Act (16 U.S.C. 4201–4203, 4211–
4213, 4221–4225, 4241–4245, and 1538), the Asian Ele-
HR 4578 RS
phant Conservation Act of 1997 (Public Law 105–96; 16
U.S.C. 4261–4266), and the Rhinoceros and Tiger Con-
servation
Act
of
1994
(16
U.S.C.
5301–5306),
$2,391,000, to remain available until expended: Provided,
That funds made available under this Act, Public Law
105–277, and hereafter in annual appropriations Acts for
rhinoceros, tiger, and Asian elephant conservation pro-
grams are exempt from any sanctions imposed against any
country under section 102 of the Arms Export Control Act
(22 U.S.C. 2799aa–1).
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 79 passenger motor vehicles, of
which 72 are for replacement only (including 41 for police-
type use); repair of damage to public roads within and
adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed
$1 for each option; facilities incident to such public rec-
reational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improve-
ment of aquaria, buildings, and other facilities under the
jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection
with management and investigation of fish and wildlife re-
HR 4578 RS
sources: Provided, That notwithstanding 44 U.S.C. 501,
the Service may, under cooperative cost sharing and part-
nership arrangements authorized by law, procure printing
services from cooperators in connection with jointly pro-
duced publications for which the cooperators share at least
one-half the cost of printing either in cash or services and
the Service determines the cooperator is capable of meet-
ing accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding
any other provision of law, the Secretary of the Interior
may not spend any of the funds appropriated in this Act
for the purchase of lands or interests in lands to be used
in the establishment of any new unit of the National Wild-
life Refuge System unless the purchase is approved in ad-
vance by the House and Senate Committees on Appropria-
tions in compliance with the reprogramming procedures
contained in Senate Report 105–56.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, oper-
ation, and maintenance of areas and facilities adminis-
tered by the National Park Service (including special road
maintenance service to trucking permittees on a reimburs-
able basis), and for the general administration of the Na-
HR 4578 RS
tional Park Service, including not less than $2,000,000
for high priority projects within the scope of the approved
budget which shall be carried out by the Youth Conserva-
tion
Corps
as
authorized
by
U.S.C.
1706,
$1,425,617,000 (increased by $10,000,000) (increased by
$66,500,000), of which $8,727,000 for research, planning
and interagency coordination in support of land acquisi-
tion for Everglades restoration shall remain available until
expended, and of which not to exceed $7,000,000, to re-
main available until expended, is to be derived from the
special fee account established pursuant to title V, section
5201 of Public Law 100–203.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage
partnership programs, environmental compliance and re-
view, international park affairs, statutory or contractual
aid for other activities, and grant administration, not oth-
erwise provided for, $49,956,000, of which $2,000,000
shall be available to carry out the Urban Park and Recre-
ation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470),
and the Omnibus Parks and Public Lands Management
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Act of 1996 (Public Law 104–333), $41,347,000, to be
derived from the Historic Preservation Fund, to remain
available until September 30, 2002, of which $7,177,000
pursuant to section 507 of Public Law 104–333 shall re-
main available until expended.
CONSTRUCTION
For construction, improvements, repair or replace-
ment of physical facilities, including the modifications au-
thorized by section 104 of the Everglades National Park
Protection and Expansion Act of 1989, $150,004,000, to
remain available until expended.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2001
by 16 U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and
Water Conservation Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses,
and for acquisition of lands or waters, or interest therein,
in accordance with the statutory authority applicable to
the National Park Service, $65,000,000 (increased by
$10,000,000) (increased by $20,000,000), to be derived
from the Land and Water Conservation Fund, to remain
available until expended, of which $21,000,000 (increased
HR 4578 RS
by $10,000,000) is for the State assistance program in-
cluding $1,000,000 to administer the program, and of
which $10,000,000 may be for State grants for land acqui-
sition in the State of Florida: Provided, That the
$20,000,000 (increased by $10,000,000) provided for
grants in the State assistance program shall be used solely
to acquire land for State and local parks for the benefit
of outdoor recreation: Provided further, That the Secretary
may provide Federal assistance to the State of Florida for
the acquisition of lands or waters, or interests therein,
within the Everglades watershed (consisting of lands and
waters within the boundaries of the South Florida Water
Management District, Florida Bay and the Florida Keys,
and excluding the Eight and One-Half Square Mile Area)
under terms and conditions deemed necessary by the Sec-
retary to improve and restore the hydrological function of
the Everglades watershed: Provided further, That funds
provided under this heading for assistance to the State
of Florida to acquire lands within the Everglades water-
shed are contingent upon new matching non-Federal funds
by the State and shall be subject to an agreement that
the lands to be acquired will be managed in perpetuity
for the restoration of the Everglades.
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ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 340 passenger
motor vehicles, of which 273 shall be for replacement only,
including not to exceed 319 for police-type use, 12 buses,
and 9 ambulances: Provided, That none of the funds ap-
propriated to the National Park Service may be used to
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Serv-
ice may be used to implement an agreement for the rede-
velopment of the southern end of Ellis Island until such
agreement has been submitted to the Congress and shall
not be implemented prior to the expiration of 30 calendar
days (not including any day in which either House of Con-
gress is not in session because of adjournment of more
than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the
President of the Senate of a full and comprehensive report
on the development of the southern end of Ellis Island,
including the facts and circumstances relied upon in sup-
port of the proposed project.
None of the funds in this Act may be spent by the
National Park Service for activities taken in direct re-
sponse to the United Nations Biodiversity Convention.
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The National Park Service may distribute to oper-
ating units based on the safety record of each unit the
costs of programs designed to improve workplace and em-
ployee safety, and to encourage employees receiving work-
ers’ compensation benefits pursuant to chapter 81 of title
5, United States Code, to return to appropriate positions
for which they are medically able.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geo-
logical Survey to perform surveys, investigations, and re-
search covering topography, geology, hydrology, biology,
and the mineral and water resources of the United States,
its territories and possessions, and other areas as author-
ized by 43 U.S.C. 31, 1332, and 1340; classify lands as
to their mineral and water resources; give engineering su-
pervision to power permittees and Federal Energy Regu-
latory Commission licensees; administer the minerals ex-
ploration program (30 U.S.C. 641); and publish and dis-
seminate data relative to the foregoing activities; and to
conduct inquiries into the economic conditions affecting
mining and materials processing industries (30 U.S.C. 3,
21a, and 1603; 50 U.S.C. 98g(1)) and related purposes
as authorized by law and to publish and disseminate data,
$816,676,000, of which $60,553,000 shall be available
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only for cooperation with States or municipalities for
water resources investigations; and of which $16,400,000
shall remain available until expended for conducting in-
quiries into the economic conditions affecting mining and
materials processing industries; and of which $32,763,000
shall be available until September 30, 2002 for the oper-
ation and maintenance of facilities and deferred mainte-
nance; and of which $140,416,000 shall be available until
September 30, 2002 for the biological research activity
and the operation of the Cooperative Research Units: Pro-
vided, That none of these funds provided for the biological
research activity shall be used to conduct new surveys on
private property, unless specifically authorized in writing
by the property owner: Provided further, That no part of
this appropriation shall be used to pay more than one-
half the cost of topographic mapping or water resources
data collection and investigations carried on in cooperation
with States and municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geo-
logical Survey shall be available for the purchase of not
to exceed 53 passenger motor vehicles, of which 48 are
for replacement only; reimbursement to the General Serv-
ices Administration for security guard services; reimburse-
ment to the United States Fish and Wildlife Service
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(FWS) for Refuge Revenue Sharing payments made by
FWS to local entities for the FWS real property trans-
ferred to the Geological Survey; contracting for the fur-
nishing of topographic maps and for the making of geo-
physical or other specialized surveys when it is administra-
tively determined that such procedures are in the public
interest; construction and maintenance of necessary build-
ings and appurtenant facilities; acquisition of lands for
gauging stations and observation wells; expenses of the
United States National Committee on Geology; and pay-
ment of compensation and expenses of persons on the rolls
of the Survey duly appointed to represent the United
States in the negotiation and administration of interstate
compacts: Provided, That activities funded by appropria-
tions herein made may be accomplished through the use
of contracts, grants, or cooperative agreements as defined
in 31 U.S.C. 6302 et seq.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
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the purchase of not to exceed eight passenger motor vehi-
cles
for
replacement
only,
$127,200,000,
of
which
$84,362,000, shall be available for royalty management
activities; and an amount not to exceed $107,000,000, to
be credited to this appropriation and to remain available
until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, from rate
increases to fee collections for Outer Continental Shelf ad-
ministrative activities performed by the Minerals Manage-
ment Service over and above the rates in effect on Sep-
tember 30, 1993, and from additional fees for Outer Con-
tinental Shelf administrative activities established after
September 30, 1993: Provided, That to the extent
$107,000,000 in additions to receipts are not realized
from the sources of receipts stated above, the amount
needed to reach $107,000,000 shall be credited to this ap-
propriation from receipts resulting from rental rates for
Outer Continental Shelf leases in effect before August 5,
1993: Provided further, That $3,000,000 for computer ac-
quisitions shall remain available until September 30,
2002: Provided further, That funds appropriated under
this Act shall be available for the payment of interest in
accordance with 30 U.S.C. 1721(b) and (d): Provided fur-
ther, That not to exceed $3,000 shall be available for rea-
sonable expenses related to promoting volunteer beach and
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marine cleanup activities: Provided further, That notwith-
standing any other provision of law, $15,000 under this
heading shall be available for refunds of overpayments in
connection with certain Indian leases in which the Direc-
tor of the Minerals Management Service (MMS) concurred
with the claimed refund due, to pay amounts owed to In-
dian allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That MMS may
under the royalty-in-kind pilot program use a portion of
the revenues from royalty-in-kind sales, without regard to
fiscal year limitation, to pay for transportation to whole-
sale market centers and processing of royalty production
taken in kind: Provided further, That MMS shall analyze
and document the expected return in advance of any roy-
alty-in-kind sales to assure to the maximum extent prac-
ticable that royalty income under the pilot program is
equal to or greater than royalty income recognized under
a comparable royalty-in-value program.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section
1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990,
$6,118,000, which shall be derived from the Oil Spill Li-
ability Trust Fund, to remain available until expended.
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OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions
of the Surface Mining Control and Reclamation Act of
1977, Public Law 95–87, as amended, including the pur-
chase of not to exceed 10 passenger motor vehicles, for
replacement only, $97,478,000: Provided, That the Sec-
retary of the Interior, pursuant to regulations, may use
directly or through grants to States, moneys collected in
fiscal year 2001 for civil penalties assessed under section
518 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1268), to reclaim lands adversely af-
fected by coal mining practices after August 3, 1977, to
remain available until expended: Provided further, That
appropriations for the Office of Surface Mining Reclama-
tion and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Of-
fice of Surface Mining Reclamation and Enforcement
sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the
Surface Mining Control and Reclamation Act of 1977,
Public Law 95–87, as amended, including the purchase
of not more than 10 passenger motor vehicles for replace-
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ment only, $197,873,000, to be derived from receipts of
the Abandoned Mine Reclamation Fund and to remain
available until expended; of which up to $8,000,000, to
be derived from the Federal Expenses Share of the Fund,
shall be for supplemental grants to States for the reclama-
tion of abandoned sites with acid mine rock drainage from
coal mines, and for associated activities, through the Ap-
palachian Clean Streams Initiative: Provided, That grants
to minimum program States will be $1,500,000 per State
in fiscal year 2000: Provided further, That of the funds
herein provided up to $18,000,000 may be used for the
emergency program authorized by section 410 of Public
Law 95–87, as amended, of which no more than 25 per-
cent shall be used for emergency reclamation projects in
any one State and funds for federally administered emer-
gency reclamation projects under this proviso shall not ex-
ceed $11,000,000: Provided further, That prior year unob-
ligated funds appropriated for the emergency reclamation
program shall not be subject to the 25 percent limitation
per State and may be used without fiscal year limitation
for emergency projects: Provided further, That pursuant
to Public Law 97–365, the Department of the Interior is
authorized to use up to 20 percent from the recovery of
the delinquent debt owed to the United States Government
to pay for contracts to collect these debts: Provided fur-
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ther, That funds made available under title IV of Public
Law 95–87 may be used for any required non-Federal
share of the cost of projects funded by the Federal Gov-
ernment for the purpose of environmental restoration re-
lated to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such
projects must be consistent with the purposes and prior-
ities of the Surface Mining Control and Reclamation Act:
Provided further, That from the funds provided herein, in
addition to the amount granted to the Commonwealth of
Pennsylvania under Sections 402(g)(1) and 402(g)(5) of
the Surface Mining Control and Reclamation Act, an addi-
tional $2,000,000 shall be made available to the Common-
wealth of Pennsylvania to reclaim abandoned coal mine
sites and for acid mine drainage remediation caused by
past coal mining practices: Provided further, That the ad-
ditional funds are to be used to address such problems
in the anthracite region of Pennsylvania.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act
of November 2, 1921 (25 U.S.C. 13), the Indian Self-De-
termination and Education Assistance Act of 1975 (25
U.S.C. 450 et seq.), as amended, the Education Amend-
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ments of 1978 (25 U.S.C. 2001–2019), and the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
as amended, $1,657,446,000, to remain available until
September 30, 2002 except as otherwise provided herein,
of which not to exceed $93,225,000 shall be for welfare
assistance payments and notwithstanding any other provi-
sion of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed
$125,229,000 shall be available for payments to tribes and
tribal organizations for contract support costs associated
with ongoing contracts, grants, compacts, or annual fund-
ing agreements entered into with the Bureau prior to or
during fiscal year 2001, as authorized by such Act, except
that tribes and tribal organizations may use their tribal
priority allocations for unmet indirect costs of ongoing
contracts, grants, or compacts, or annual funding agree-
ments and for unmet welfare assistance costs; and of
which not to exceed $406,010,000 for school operations
costs of Bureau-funded schools and other education pro-
grams shall become available on July 1, 2001, and shall
remain available until September 30, 2002; and of which
not to exceed $39,722,000 shall remain available until ex-
pended for housing improvement, road maintenance, at-
torney fees, litigation support, self-governance grants, the
Indian Self-Determination Fund, land records improve-
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ment, and the Navajo-Hopi Settlement Program: Pro-
vided, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination
Act of 1975, as amended, and 25 U.S.C. 2008, not to ex-
ceed $42,160,000 within and only from such amounts
made available for school operations shall be available to
tribes and tribal organizations for administrative cost
grants associated with the operation of Bureau-funded
schools: Provided further, That any forestry funds allo-
cated to a tribe which remain unobligated as of September
30, 2002, may be transferred during fiscal year 2003 to
an Indian forest land assistance account established for
the benefit of such tribe within the tribe’s trust fund ac-
count: Provided further, That any such unobligated bal-
ances not so transferred shall expire on September 30,
2003.
CONSTRUCTION
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities,
and other facilities, including architectural and engineer-
ing services by contract; acquisition of lands, and interests
in lands; and preparation of lands for farming, and for
construction of the Navajo Indian Irrigation Project pur-
suant to Public Law 87–483, $184,404,000, to remain
available until expended: Provided, That such amounts as
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may be available for the construction of the Navajo Indian
Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 per-
cent of contract authority available to the Bureau of In-
dian Affairs from the Federal Highway Trust Fund may
be used to cover the road program management costs of
the Bureau: Provided further, That any funds provided for
the Safety of Dams program pursuant to 25 U.S.C. 13
shall be made available on a nonreimbursable basis: Pro-
vided further, That for fiscal year 2001, in implementing
new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to
tribally controlled grant schools under Public Law 100–
297, as amended, the Secretary of the Interior shall use
the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR
part 12 as the regulatory requirements: Provided further,
That such grants shall not be subject to section 12.61 of
43 CFR; the Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to be per-
formed: Provided further, That in considering applications,
the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in assuring that the
construction projects conform to applicable building stand-
ards and codes and Federal, tribal, or State health and
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safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management capa-
bilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That
any disputes between the Secretary and any grantee con-
cerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and in-
dividuals
and
for
necessary
administrative
expenses,
$34,026,000, to remain available until expended; of which
$25,149,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 101–618 and 102–575, and for implemen-
tation of other enacted water rights settlements; of which
$8,000,000 shall be available for Tribal compact adminis-
tration, economic development and future water supplies
facilities under Public Law 106–163; and of which
$877,000 shall be available pursuant to Public Laws 99–
264 and 100–580.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans, $4,500,000, as au-
thorized by the Indian Financing Act of 1974, as amend-
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ed: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$59,682,000.
In addition, for administrative expenses to carry out
the guaranteed loan programs, $485,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts and grants, either di-
rectly or in cooperation with States and other organiza-
tions.
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guar-
antee and insurance fund, and the Indian Guaranteed
Loan Program account) shall be available for expenses of
exhibits, and purchase of not to exceed 229 passenger
motor vehicles, of which not to exceed 187 shall be for
replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations, pooled overhead general administration (except
facilities operations and maintenance), or provided to im-
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plement the recommendations of the National Academy of
Public Administration’s August 1999 report shall be avail-
able for tribal contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the
Tribal Self-Governance Act of 1994 (Public Law 103–
413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government’s trust responsibility to that
tribe, or the government-to-government relationship be-
tween the United States and that tribe, or that tribe’s abil-
ity to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C.
452 et seq., shall be available to support the operation of
any elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other
Act for schools funded by the Bureau shall be available
only to the schools in the Bureau school system as of Sep-
tember 1, 1996. No funds available to the Bureau shall
be used to support expanded grades for any school or dor-
mitory beyond the grade structure in place or approved
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by the Secretary of the Interior at each school in the Bu-
reau school system as of October 1, 1995. Funds made
available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term
is defined in section 1146 of the Education Amendments
of 1978 (25 U.S.C. 2026)), except that a charter school
that is in existence on the date of the enactment of this
Act and that has operated at a Bureau-funded school be-
fore September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bu-
reau a pro-rata share of funds to reimburse the Bureau
for the use of the real and personal property (including
buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school pro-
grams of the State in which the school is located if the
charter school loses such funding. Employees of Bureau-
funded schools sharing a campus with a charter school and
performing functions related to the charter school’s oper-
ation and employees of a charter school shall not be treat-
ed as Federal employees for purposes of chapter 171 of
title 28, United States Code (commonly known as the
‘‘Federal Tort Claims Act’’). Not later than June 15,
2001, the Secretary of the Interior shall evaluate the effec-
tiveness of Bureau-funded schools sharing facilities with
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charter schools in the manner described in the preceding
sentence and prepare and submit a report on the finding
of that evaluation to the Committees on Appropriations
of the Senate and of the House.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$69,471,000, of which: (1) $65,076,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, coral reef initiative activities, and brown tree
snake control and research; grants to the judiciary in
American Samoa for compensation and expenses, as au-
thorized by law (48 U.S.C. 1661(c)); grants to the Govern-
ment of American Samoa, in addition to current local rev-
enues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of
the Northern Mariana Islands as authorized by law (Pub-
lic Law 94–241; 90 Stat. 272); and (2) $4,395,000 shall
be available for salaries and expenses of the Office of Insu-
lar Affairs: Provided, That all financial transactions of the
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territorial and local governments herein provided for, in-
cluding such transactions of all agencies or instrumental-
ities established or used by such governments, may be au-
dited by the General Accounting Office, at its discretion,
in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representa-
tives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104–
134: Provided further, That of the amounts provided for
technical assistance, not to exceed $300,000 may be made
available for transfer to the Disaster Assistance Direct
Loan Program Account of the Federal Emergency Man-
agement Agency for the purpose of covering the cost of
forgiving a portion of the obligation of the Government
of the Virgin Islands to pay interest which has accrued
on Community Disaster Loan 841 during fiscal year 2000,
as required by section 504 of the Congressional Budget
Act of 1974, as amended (2 U.S.C. 661c): Provided fur-
ther, That of the amounts provided for technical assist-
ance, sufficient funding shall be made available for a grant
to the Close Up Foundation: Provided further, That of the
amounts provided for technical assistance, the amount of
$700,000 shall be made available to the Prior Service Ben-
HR 4578 RS
efits Trust Fund for its program of benefit payments to
individuals: Provided further, That none of this amount
shall be used for administrative expenses of the Prior
Service Benefits Trust Fund: Provided further, That the
funds for the program of operations and maintenance im-
provement are appropriated to institutionalize routine op-
erations and maintenance improvement of capital infra-
structure in American Samoa, Guam, the Virgin Islands,
the Commonwealth of the Northern Mariana Islands, the
Republic of Palau, the Republic of the Marshall Islands,
and the Federated States of Micronesia through assess-
ments of long-range operations maintenance needs, im-
proved capability of local operations and maintenance in-
stitutions and agencies (including management and voca-
tional education training), and project-specific mainte-
nance (with territorial participation and cost sharing to
be determined by the Secretary based on the individual
territory’s commitment to timely maintenance of its cap-
ital assets): Provided further, That any appropriation for
disaster assistance under this heading in this Act or pre-
vious appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170c).
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COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for
the Federated States of Micronesia and the Republic of
the Marshall Islands as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association,
and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association,
$20,745,000, to remain available until expended, as au-
thorized by Public Law 99–239 and Public Law 99–658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the De-
partment of the Interior, $62,406,000, of which not to ex-
ceed $8,500 may be for official reception and representa-
tion expenses and of which up to $1,000,000 shall be
available for workers compensation payments and unem-
ployment compensation payments associated with the or-
derly closure of the United States Bureau of Mines.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$40,196,000.
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OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $26,086,000.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts,
and grants, $82,428,000, to remain available until ex-
pended: Provided, That funds for trust management im-
provements may be transferred, as needed, to the Bureau
of Indian Affairs ‘‘Operation of Indian Programs’’ account
and to the Departmental Management ‘‘Salaries and Ex-
penses’’ account: Provided further, That funds made avail-
able to tribes and tribal organizations through contracts
or grants obligated during fiscal year 2001, as authorized
by the Indian Self-Determination Act of 1975 (25 U.S.C.
450 et seq.), shall remain available until expended by the
contractor or grantee: Provided further, That notwith-
standing any other provision of law, the statute of limita-
tions shall not commence to run on any claim, including
any claim in litigation pending on the date of the enact-
ment of this Act, concerning losses to or mismanagement
of trust funds, until the affected tribe or individual Indian
has been furnished with an accounting of such funds from
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which the beneficiary can determine whether there has
been a loss: Provided further, That notwithstanding any
other provision of law, the Secretary shall not be required
to provide a quarterly statement of performance for any
Indian trust account that has not had activity for at least
18 months and has a balance of $1.00 or less: Provided
further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and
shall permit the balance in each such account to be with-
drawn upon the express written request of the account
holder.
INDIAN LAND CONSOLIDATION
For implementation of a program for consolidation
of fractional interests in Indian Lands and expenses asso-
ciated with redetermining and redistributing escalated in-
terests in allotted lands by direct expenditure or coopera-
tive agreement, $5,000,000 to remain available until ex-
pended and which may be transferred to the Bureau of
Indian Affairs and Departmental Management, of which
not to exceed $500,000 shall be available for administra-
tive expenses: Provided, That the Secretary may enter into
a cooperative agreement, which shall not be subject to
Public law 93–638, as amended, with a tribe having juris-
diction over the reservation to implement the program to
acquire fractional interests on behalf of such tribe: Pro-
HR 4578 RS
vided further, That the Secretary may develop a reserva-
tion-wide system for establishing the fair market value of
various types of lands and improvements to govern the
amounts offered for acquisition of fractional interests:
Provided further, That acquisitions shall be limited to one
or more reservations as determined by the Secretary: Pro-
vided further, That funds shall be available for acquisition
of fractional interests in trust or restricted lands with the
consent of its owners and at fair market value, and the
Secretary shall hold in trust for such tribe all interests
acquired pursuant to this program: Provided further, That
all proceeds from any lease, resource sale contract, right-
of-way or other transaction derived from the fractional in-
terests shall be credited to this appropriation, and remain
available until expended, until the purchase price paid by
the Secretary under this appropriation has been recovered
from such proceeds: Provided further, That once the pur-
chase price has been recovered, all subsequent proceeds
shall be managed by the Secretary for the benefit of the
applicable tribe or paid directly to the tribe.
NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment ac-
tivities by the Department of the Interior necessary to
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carry out the provisions of the Comprehensive Environ-
mental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), Federal Water Pollu-
tion Control Act, as amended (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (Public Law 101–380) (33
U.S.C. 2701 et seq.), and Public Law 101–337, as amend-
ed (16 U.S.C. 19jj et seq.), $5,374,000, to remain avail-
able until expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated
funds in the ‘‘Departmental Management’’, ‘‘Office of the
Solicitor’’, and ‘‘Office of Inspector General’’ may be aug-
mented through the Working Capital Fund or the Consoli-
dated Working Fund.
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GENERAL PROVISIONS, DEPARTMENT OF THE
INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be re-
plenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of wildland fires on or threatening lands
under the jurisdiction of the Department of the Interior;
for the emergency rehabilitation of burned-over lands
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under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subse-
quent to actual oil spills; for response and natural resource
damage assessment activities related to actual oil spills;
for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on
lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99–198
(99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with
their use for wildland fire operations, such reimbursement
to be credited to appropriations currently available at the
time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under
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this authority until the Secretary determines that funds
appropriated for ‘‘wildland fire operations’’ shall be ex-
hausted within thirty days: Provided further, That all
funds used pursuant to this section are hereby designated
by Congress to be ‘‘emergency requirements’’ pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, and must be replen-
ished by a supplemental appropriation which must be re-
quested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds
were transferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any
other activity in the same manner as authorized by sec-
tions 1535 and 1536 of title 31, United States Code: Pro-
vided, That reimbursements for costs and supplies, mate-
rials, equipment, and for services rendered may be cred-
ited to the appropriation current at the time such reim-
bursements are received.
SEC. 104. Appropriations made to the Department
of the Interior in this title shall be available for services
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as authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members.
SEC. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall be
available for uniforms or allowances therefor, as author-
ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).
SEC. 106. Annual appropriations made in this title
shall be available for obligation in connection with con-
tracts issued for services or rentals for periods not in ex-
cess of 12 months beginning at any time during the fiscal
year.
SEC. 107. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore leasing and related activities placed under re-
striction in the President’s moratorium statement of June
26, 1990, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon;
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and the eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
SEC. 108. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore oil and natural gas preleasing, leasing, and re-
lated activities, on lands within the North Aleutian Basin
planning area.
SEC. 109. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct off-
shore oil and natural gas preleasing, leasing and related
activities in the eastern Gulf of Mexico planning area for
any lands located outside Sale 181, as identified in the
final Outer Continental Shelf 5–Year Oil and Gas Leasing
Program, 1997–2002.
SEC. 110. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct oil
and natural gas preleasing, leasing and related activities
in the Mid-Atlantic and South Atlantic planning areas.
SEC. 111. Advance payments made under this title
to Indian tribes,tribal organizations, and tribal consortia
pursuant to the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) or the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)
may be invested by the Indian tribe, tribal organization,
or consortium before such funds are expended for the pur-
HR 4578 RS
poses of the grant, compact, or annual funding agreement
so long as such funds are—
(1) invested by the Indian tribe, tribal organiza-
tion, or consortium only in obligations of the United
States, or in obligations or securities that are guar-
anteed or insured by the United States, or mutual
(or other) funds registered with the Securities and
Exchange Commission and which only invest in obli-
gations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are in-
sured by an agency or instrumentality of the United
States, or are fully collateralized to ensure protec-
tion of the funds, even in the event of a bank failure.
SEC. 112. Notwithstanding any other provisions of
law, the National Park Service shall not develop or imple-
ment a reduced entrance fee program to accommodate
non-local travel through a unit. The Secretary may provide
for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to
develop guidelines and permits for such activity appro-
priate to that unit.
SEC. 113. Refunds or rebates received on an on-going
basis from a credit card services provider under the De-
partment of the Interior’s charge card programs, hereafter
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may be deposited to and retained without fiscal year limi-
tation in the Departmental Working Capital Fund estab-
lished under 43 U.S.C. 1467 and used to fund manage-
ment initiatives of general benefit to the Department of
the Interior’s bureaus and offices as determined by the
Secretary or his designee.
SEC. 114. Appropriations made in this title under the
headings Bureau of Indian Affairs and Office of Special
Trustee for American Indians and any available unobli-
gated balances from prior appropriations Acts made under
the same headings, shall be available for expenditure or
transfer for Indian trust management activities pursuant
to the Trust Management Improvement Project High
Level Implementation Plan.
SEC. 115. Notwithstanding any provision of law,
hereafter the Secretary of the Interior is authorized to ne-
gotiate and enter into agreements and leases, without re-
gard to section 321 of chapter 314 of the Act of June
30, 1932 (40 U.S.C. 303b), with any person, firm, asso-
ciation, organization, corporation, or governmental entity
for all or part of the property within Fort Baker adminis-
tered by the Secretary as part of Golden Gate National
Recreation Area. The proceeds of the agreements or leases
shall be retained by the Secretary and such proceeds shall
be available, without future appropriation, for the preser-
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vation, restoration, operation, maintenance and interpre-
tation and related expenses incurred with respect to Fort
Baker properties.
SEC. 116. A grazing permit or lease that expires (or
is transferred) during fiscal year 2001 may be renewed
under section 402 of the Federal Land Policy and Man-
agement Act of 1976, as amended (43 U.S.C. 1752) or
if applicable, sections 306 and 510 of the California
Desert Protection Act (16 U.S.C. 410aaa–50). The terms
and conditions contained in the expiring permit or lease
may at the discretion of the Secretary continue in effect
under the new permit or lease until such time as the Sec-
retary of the Interior completes processing of such permit
or lease in compliance with all applicable laws and regula-
tions, 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 Sec-
retary’s statutory authority.
SEC. 117. Notwithstanding any other provision of
law, for the purpose of reducing the backlog of Indian pro-
bate cases in the Department of the Interior, the hearing
requirements of chapter 10 of title 25, United States
Code, are deemed satisfied by a proceeding conducted by
an Indian probate judge, appointed by the Secretary with-
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out regard to the provisions of title 5, United States Code,
governing the appointments in the competitive service, for
such period of time as the Secretary determines necessary:
Provided, That the basic pay of an Indian probate judge
so appointed may be fixed by the Secretary without regard
to the provisions of chapter 51, and subchapter III of
chapter 53 of title 5, United States Code, governing the
classification and pay of General Schedule employees, ex-
cept that no such Indian probate judge may be paid at
a level which exceeds the maximum rate payable for the
highest grade of the General Schedule, including locality
pay.
SEC. 118. Notwithstanding any other provision of
law, the Secretary of the Interior is authorized to redis-
tribute any Tribal Priority Allocation funds, including
tribal base funds, to alleviate tribal funding inequities by
transferring funds to address identified, unmet needs,
dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduc-
tion in Tribal Priority Allocation funds of more than 10
percent in fiscal year 2001. Under circumstances of dual
enrollment, overlapping service areas or inaccurate dis-
tribution methodologies, the 10 percent limitation does not
apply.
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SEC. 119. None of the funds in this Act may be used
to establish a new National Wildlife Refuge in the Kan-
kakee River basin that is inconsistent with the United
States Army Corps of Engineers’ efforts to control flood-
ing and siltation in that area. Written certification of con-
sistency shall be submitted to the House and Senate Com-
mittees on Appropriations prior to refuge establishment.
SEC. 120. The Great Marsh Trail at the Mason Neck
National Wildlife Refuge in Virginia is hereby named for
Joseph V. Gartlan, Jr. and shall hereafter be referred to
in any law, document, or records of the United States as
the ‘‘Joseph V. Gartlan, Jr. Great Marsh Trail’’.
SEC. 121. Funds appropriated for the Bureau of In-
dian Affairs for postsecondary schools for fiscal year 2001
shall be allocated among the schools proportionate to the
unmet need of the schools as determined by the Postsec-
ondary Funding Formula adopted by the Office of Indian
Education Programs.
SEC. 122. The amounts other wise provided by this
title are revised by reducing the amount made available
under the heading ‘‘NATIONAL PARK SERVICE—
CONSTRUCTION’’ by $9,000,000 and by increasing the
amount made available under the heading ‘‘NATIONAL
PARK SERVICE—LAND ACQUISITION AND STATE
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ASSISTANCE’’ for acquisition of lands or waters, or in-
terests therein, by $9,000,000.
SEC. 123. Any limitation imposed under this Act on
funds made available by this Act related to planning and
management of national monuments, or activities related
to the Interior Columbia Basin Ecosystem Management
Plan shall not apply to any activity which is otherwise au-
thorized by law.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland re-
search as authorized by law, $224,966,000, to remain
available until expended.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and pro-
viding technical and financial assistance to States, terri-
tories, possessions, and others, and for forest health man-
agement, cooperative forestry, and education and land
conservation activities and conducting an international
program
as
authorized,
$197,337,000
(reduced
by
$500,000) (increased by $500,000), to remain available
until expended, as authorized by law: Provided, That none
of the funds appropriated or otherwise made available by
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this Act or otherwise available to the Secretary shall be
used to carry out any activity related to the urban re-
sources partnership or similar or successor programs.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not
otherwise provided for, for management, protection, im-
provement, and utilization of the National Forest System,
$1,207,545,000, to remain available until expended, which
shall include 50 percent of all moneys received during
prior fiscal years as fees collected under the Land and
Water Conservation Fund Act of 1965, as amended, in
accordance with section 4 of the Act (16 U.S.C. 460l–
6a(i)): Provided, That unobligated balances available at
the start of fiscal year 2001 shall be displayed by extended
budget line item in the fiscal year 2002 budget justifica-
tion.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other
lands under fire protection agreement, and for emergency
rehabilitation of burned-over National Forest System
lands and water, $614,343,000 (increased by $4,000,000),
to remain available until expended: Provided, That such
funds are available for repayment of advances from other
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Funds available to the Forest Service shall be avail-
able to conduct a program of not less than $2,000,000
for high priority projects within the scope of the approved
budget which shall be carried out by the Youth Conserva-
tion Corps as authorized by the Act of August 13, 1970,
as amended by Public Law 93–408.
Of the funds available to the Forest Service, $1,500
is available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public
Law 101–593, of the funds available to the Forest Service,
up to $1,250,000 may be advanced in a lump sum as Fed-
eral financial assistance to the National Forest Founda-
tion, without regard to when the Foundation incurs ex-
penses, for administrative expenses or projects on or bene-
fitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds
made available to the Foundation, no more than $200,000
shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of
the period of Federal financial assistance, private con-
tributions to match on at least one-for-one basis funds
made available by the Forest Service: Provided further,
That the Foundation may transfer Federal funds to a
non-Federal recipient for a project at the same rate that