H. R. 2217—29
(1) the regulatory requirements of the State of Utah, the
Mine Safety and Health Administration, and the Occupational
Safety and Health Administration; and
(2) other applicable law.
SEC. 127. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon and
Hart National Wildlife Refuges for the purpose of capturing and
transporting horses and burros. The provisions of subsection (a)
of the Act of September 8, 1959 (73 Stat. 470; 18 U.S.C. 47(a))
shall not be applicable to such use. Such use shall be in accordance
with humane procedures prescribed by the Secretary.
SEC. 128. The Lytton Rancheria of California shall not conduct
Class III gaming as defined in Public Law 100–497 on land taken
into trust for the tribe pursuant to Public Law 106–568 except
in compliance with all required compact provisions of section 2710(d)
of Public Law 100–497 or any relevant Class III gaming procedures.
SEC. 129. Moore’s Landing at the Cape Romain National Wild-
life Refuge in South Carolina is hereby named for George Garris
and shall hereafter be referred to in any law, document, or records
of the United States as ‘‘Garris Landing’’.
SEC. 130. From within funds available to the National Park
Service, such sums as may be necessary shall be used for expenses
necessary to complete and issue, no later than January 1, 2004,
an Environmental Impact Statement (EIS) to identify and analyze
the possible effects of the 1996 increases in the number of vessel
entries issued for Glacier Bay National Park and Preserve: Pro-
vided, That such EIS, upon its completion, shall be used by the
Secretary to set the maximum level of vessel entries: Provided
further, That until the Secretary sets the level of vessel entries
based on the new EIS, the number of vessel entries into the Park
shall be the same as that in effect during the 2000 calendar year
and the National Park Service approval of modified Alternative
5 and promulgation of the final rule issued on May 30, 1996,
relating to vessel entries, including the number of such entries,
for Glacier Bay National Park and Preserve are hereby approved
and shall be in effect notwithstanding any other provision of law
until the Secretary sets the maximum level of vessel entries con-
sistent with this section: Provided further, That nothing in this
section shall preclude the Secretary from suspending or revoking
any vessel entry if the Secretary determines that it is necessary
to protect Park resources.
SEC. 131. No funds contained in this Act shall be used to
approve the transfer of lands on South Fox Island, Michigan until
Congress has authorized such transfer.
SEC. 132. Funds provided in this Act for Federal land acquisi-
tion by the National Park Service for Brandywine Battlefield, Mis-
sissippi National River and Recreation Area, Shenandoah Valley
Battlefields National Historic District, and Ice Age National Scenic
Trail may be used for a grant to a State, a local government,
or any other governmental land management entity for the acquisi-
tion of lands without regard to any restriction on the use of Federal
land acquisition funds provided through the Land and Water Con-
servation Fund Act of 1965 as amended.
SEC. 133. Section 902(b)(5) of Public Law 106–568 is hereby
amended by inserting a comma after ‘‘N1⁄2’’.
SEC. 134. CLARIFICATION OF THE SECRETARY OF THE INTERIOR’S
AUTHORITY UNDER SECTIONS 2701–2721 OF TITLE 25, UNITED
H. R. 2217—30
STATES CODE. The authority to determine whether a specific area
of land is a ‘‘reservation’’ for purposes of sections 2701–2721 of
title 25, United States Code, was delegated to the Secretary of
the Interior on October 17, 1988: Provided, That nothing in this
section shall be construed to permit gaming under the Indian
Gaming Regulatory Act on the lands described in section 123 of
Public Law 106–291 or any lands contiguous to such lands that
have not been taken into trust by the Secretary of the Interior.
SEC. 135. BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT
TRAILS NATIONAL CONSERVATION AREA. (a) AREAS INCLUDED.—The
Black Rock Desert-High Rock Canyon Emigrant Trails National
Conservation Area Act of 2000 is amended in sections 4(b) (16
U.S.C. 460ppp–2(b)) and 8(a) (16 U.S.C. 460ppp–6(a)) by striking
‘‘July 19, 2000’’ each place it appears and inserting ‘‘October 3,
2001’’.
(b) ROAD MAINTENANCE.—Section 5 of the Black Rock Desert-
High Rock Canyon Emigrant Trails National Conservation Area
Act of 2000 (16 U.S.C. 460ppp–3) is amended by adding at the
end the following:
‘‘(h) ROAD MAINTENANCE.—Within the conservation area the
Secretary may permit the use of gravel pits for the maintenance
of roads within the conservation area under the Materials Act
of 1947 (30 U.S.C. 601 et seq.) to the extent consistent with this
Act and subject to such regulations, policies, and practices as the
Secretary considers necessary.’’.
(c) HUNTING, TRAPPING, AND FISHING.—Section 8 of the Black
Rock Desert-High Rock Canyon Emigrant Trails National Conserva-
tion Area Act of 2000 (16 U.S.C. 460ppp–6) is amended by adding
at the end the following:
‘‘(e) HUNTING, TRAPPING, AND FISHING.—
‘‘(1) IN GENERAL.—Nothing in this Act diminishes the juris-
diction of the State of Nevada with respect to fish and wildlife
management, including regulation of hunting and fishing on
public land in the areas designated as wilderness under sub-
section (a).
‘‘(2) APPLICABLE LAW.—Any action in the areas designated
as wilderness under subsection (a) shall be consistent with
the Wilderness Act (16 U.S.C. 1131 et seq.).’’.
(d) WILDLAND FIRE PROTECTION.—Section 8 of the Black Rock
Desert-High Rock Canyon Emigrant Trails National Conservation
Area Act of 2000 (16 U.S.C. 460ppp–6) (as amended by subsection
(c)) is amended by adding at the end the following:
‘‘(f) WILDLAND FIRE PROTECTION.—Nothing in this Act or the
Wilderness Act (16 U.S.C. 1131 et seq.) precludes a Federal, State,
or local agency from conducting wildland fire management oper-
ations (including prescribed burns) within the areas designated
as wilderness under subsection (a), subject to any conditions that
the Secretary considers appropriate.’’.
(e) WILDERNESS STUDY RELEASE.—Section 8 of the Black Rock
Desert-High Rock Canyon Emigrant Trails National Conservation
Area Act of 2000 (16 U.S.C. 460ppp–6) (as amended by subsection
(d)) is amended by adding at the end the following:
‘‘(g) WILDERNESS STUDY RELEASE.—Congress—
‘‘(1) finds that the parcels of land in the wilderness study
areas referred to in subsection (a) that are not designated
as wilderness by subsection (a) have been adequately studied
for wilderness designation under section 603 of the Federal
H. R. 2217—31
Land Policy and Management Act of 1976 (43 U.S.C. 1782);
and
‘‘(2) declares that those parcels are no longer subject to
the requirement of subsection (c) of that section pertaining
to the management of wilderness study areas in a manner
that does not impair the suitability of such areas for preserva-
tion as wilderness.’’.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $241,304,000, to remain available until
expended.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing tech-
nical and financial assistance to States, territories, possessions,
and others, and for forest health management, cooperative forestry,
and education and land conservation activities and conducting an
international program as authorized, $291,221,000, to remain avail-
able until expended, as authorized by law, of which $65,000,000
is for the Forest Legacy Program, and $36,000,000 is for the Urban
and Community Forestry Program, defined in section 250(c)(4)(E)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act: Provided, That none
of the funds provided under this heading for the acquisition of
lands or interests in lands shall be available until the Forest
Service notifies the House Committee on Appropriations and the
Senate Committee on Appropriations, in writing, of specific acquisi-
tion of lands or interests in lands to be undertaken with such
funds: Provided further, That notwithstanding any other provision
of law, of the funds provided under this heading, $4,500,000 shall
be made available to Kake Tribal Corporation as an advanced
direct lump sum payment to implement the Kake Tribal Corporation
Land Transfer Act (Public Law 106–283).
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, $1,331,439,000, to remain avail-
able 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 accord-
ance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,
That unobligated balances available at the start of fiscal year
2002 shall be displayed by budget line item in the fiscal year
2003 budget justification: Provided further, That the Secretary may
authorize the expenditure or transfer of such sums as necessary
to the Department of the Interior, Bureau of Land Management
for removal, preparation, and adoption of excess wild horses and
H. R. 2217—32
burros from National Forest System lands: Provided further, That
of the funds provided under this heading for Forest Products,
$5,000,000 shall be allocated to the Alaska Region, in addition
to its normal allocation for the purposes of preparing additional
timber for sale, to establish a 3-year timber supply and such funds
may be transferred to other appropriations accounts as necessary
to maximize accomplishment.
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, hazardous fuel reduction on or adjacent to such lands,
and for emergency rehabilitation of burned-over National Forest
System lands and water, $1,214,349,000, to remain available until
expended: Provided, That such funds including unobligated balances
under this head, are available for repayment of advances from
other appropriations accounts previously transferred for such pur-
poses: Provided further, That not less than 50 percent of any unobli-
gated balances remaining (exclusive of amounts for hazardous fuels
reduction) at the end of fiscal year 2001 shall be transferred,
as repayment for past advances that have not been repaid, to
the fund established pursuant to section 3 of Public Law 71–
319 (16 U.S.C. 576 et seq.): Provided further, That notwithstanding
any other provision of law, $8,000,000 of funds appropriated under
this appropriation shall be used for Fire Science Research in support
of the Joint Fire Science Program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest
and Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research: Provided fur-
ther, That funds provided shall be available for emergency
rehabilitation and restoration, hazard reduction activities in the
urban-wildland interface, support to Federal emergency response,
and wildfire suppression activities of the Forest Service; Provided
further, That of the funds provided, $209,010,000 is for hazardous
fuel treatment, $3,668,000 is for rehabilitation and restoration,
$10,376,000 is for capital improvement and maintenance of fire
facilities, $22,265,000 is for research activities and to make competi-
tive research grants pursuant to the Forest and Rangeland Renew-
able Resources Research Act, as amended (16 U.S.C. 1641 et seq.),
$50,383,000 is for state fire assistance, $8,262,000 is for volunteer
fire assistance, $11,974,000 is for forest health activities on state,
private, and Federal lands, and $12,472,000 is for economic action
programs: Provided further, That amounts in this paragraph may
be transferred to the ‘‘State and Private Forestry’’, ‘‘National Forest
System’’, ‘‘Forest and Rangeland Research’’, and ‘‘Capital Improve-
ment and Maintenance’’ accounts to fund state fire assistance,
volunteer fire assistance, and forest health management, vegetation
and watershed management, heritage site rehabilitation, wildlife
and fish habitat management, trails and facilities maintenance
and restoration: Provided further, That transfers of any amounts
in excess of those authorized in this paragraph, shall require
approval of the House and Senate Committees on Appropriations
in compliance with reprogramming procedures contained in House