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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 reha-
bilitation of burned-over National Forest System lands and
water, $1,115,594,000, 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 purposes: Provided further, That not less than 50
percent of any unobligated balances remaining (exclusive
of amounts for hazardous fuels reduction) at the end of fis-
cal 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, $4,000,000 of funds appropriated under
this appropriation shall be used for Fire Science Research
in support of the Joint Fire Science Program: Provided fur-
ther, That all authorities for the use of funds, including the
use of contracts, grants, and cooperative agreements, avail-
able to execute the Forest and Rangeland Research appro-
priation, are also available in the utilization of these funds
for Fire Science Research: Provided further, That funds
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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 the Forest Service shall expend not
less than $125,000,000 of funds provided under this heading
for hazardous fuels reduction activities for alleviating im-
mediate emergency threats to urban wildland interface
areas as defined by the Secretary of Agriculture: Provided
further, That amounts under this heading may be trans-
ferred as specified in the report accompanying this Act to
the ‘‘State and Private Forestry’’, ‘‘National Forest Sys-
tem’’, ‘‘Forest and Rangeland Research’’, and ‘‘Capital Im-
provement and Maintenance’’ accounts to fund state fire as-
sistance, volunteer fire assistance, and forest health manage-
ment, vegetation and watershed management, heritage site
rehabilitation, wildlife and fish habitat management, trails
and facilities maintenance and restoration: Provided fur-
ther, That transfers of any amounts in excess of those speci-
fied shall require approval of the House and Senate Com-
mittees on Appropriations in compliance with reprogram-
ming procedures contained in House Report No. 105–163:
Provided further, That the costs of implementing any coop-
erative agreement between the Federal government and any
non-Federal entity may be shared, as mutually agreed on
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by the affected parties: Provided further, That in entering
into such grants or cooperative agreements, the Secretary
may consider the enhancement of local and small business
employment opportunities for rural communities, and that
in entering into procurement contracts under this section
on a best value basis, the Secretary may take into account
the ability of an entity to enhance local and small business
employment opportunities in rural communities, and that
the Secretary may award procurement contracts, grants, or
cooperative agreements under this section to entities that
include local non-profit entities, Youth Conservation Corps
or related partnerships with State, local or non-profit youth
groups, or small or disadvantaged businesses: Provided fur-
ther, That in addition to funds provided for State Fire As-
sistance programs, and subject to all authorities available
to the Forest Service under the State and Private Forestry
Appropriation, up to $15,000,000 may be used on adjacent
non-Federal lands for the purpose of protecting commu-
nities when hazard reduction activities are planned on na-
tional forest lands that have the potential to place such com-
munities at risk: Provided further, That the Forest Service
shall analyze the impact of restrictions on mechanical fuel
treatments and forest access in the upcoming Chugach Na-
tional Forest Land and Resource Management Plan, on the
level of prescribed burning on the Chugach National Forest,
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and on the implementation of the National Fire Plan: Pro-
vided further, That this analysis shall be completed before
the release of the Chugach Forest Plan and shall be included
in the plan: Provided further, That included in funding for
hazardous fuel reduction is $5,000,000 for implementing the
Community Forest Restoration Act, Public Law 106–393,
title VI, and any portion of such funds shall be available
for use on non-Federal lands in accordance with authorities
available to the Forest Service under the State and Private
Forestry Appropriation: Provided further, That of the
amounts provided under this heading $2,838,000 is for the
Ecological Restoration Institute, of which $338,000 is for
ongoing activities on Mt. Trumbull: Provided further, That:
(1) In expending the funds provided with respect
to this Act for hazardous fuels reduction, the Sec-
retary of the Interior and the Secretary of Agriculture
may conduct fuel reduction treatments on Federal
lands using all contracting and hiring authorities
available to the Secretaries applicable to hazardous
fuel reduction activities under the wildland fire man-
agement accounts. Notwithstanding Federal govern-
ment procurement and contracting laws, the Secre-
taries may conduct fuel reduction treatments on Fed-
eral lands using grants and cooperative agreements.
Notwithstanding Federal government procurement
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and contracting laws, in order to provide employment
and training opportunities to people in rural commu-
nities, the Secretaries may award contracts, including
contracts for monitoring activities, to—
(A) local private, nonprofit, or cooperative
entities;
(B) Youth Conservation Corps crews or re-
lated partnerships, with State, local and non-
profit youth groups;
(C) small or micro-businesses; or
(D) other entities that will hire or train a
significant percentage of local people to complete
such contracts. The authorities described above
relating to contracts, grants, and cooperative
agreements are available until all funds provided
in this title for hazardous fuels reduction activi-
ties in the urban wildland interface are obli-
gated.
(2)(A) The Secretary of Agriculture may transfer
or reimburse funds to the United States Fish and
Wildlife Service of the Department of the Interior, or
the National Marine Fisheries Service of the Depart-
ment of Commerce, for the costs of carrying out their
responsibilities under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) to consult and con-
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ference as required by section 7 of such Act in connec-
tion with wildland fire management activities in fis-
cal years 2001 and 2002.
(B) Only those funds appropriated for fiscal
years 2001 and 2002 to Forest Service (USDA) for
wildland fire management are available to the Sec-
retary of Agriculture for such transfer or reimburse-
ment.
(C) The amount of the transfer or reimbursement
shall be as mutually agreed by the Secretary of Agri-
culture and the Secretary of the Interior or Secretary
of Commerce, as applicable, or their designees. The
amount shall in no case exceed the actual costs of con-
sultation and conferencing in connection with
wildland fire management activities affecting Na-
tional Forest System lands.
For an additional amount to cover necessary expenses
for emergency rehabilitation, wildfire suppression and other
fire operations of the Forest Service, $165,000,000, to re-
main available until expended, of which $100,000,000 is
for emergency rehabilitation and wildfire suppression, and
$65,000,000 is for other fire operations: Provided, That the
entire amount appropriated in this paragraph is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
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Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That these funds shall be available only to
the extent an official budget request for a specific dollar
amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
For an additional amount, to liquidate obligations
previously incurred, $274,147,000.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not other-
wise provided for, $541,286,000, to remain available until
expended for construction, reconstruction, maintenance and
acquisition of buildings and other facilities, and for con-
struction, reconstruction, repair and maintenance of forest
roads and trails by the Forest Service as authorized by 16
U.S.C. 532–538 and 23 U.S.C. 101 and 205, of which,
$244,000 is to be provided for the design of historic office
renovations of the Bearlodge Ranger District Work Center
(Old Stoney) in Sundance, Wyoming, and of which
$61,000,000 is for conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended, for the purposes of
such Act: Provided, That fiscal year 2001 balances in the
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Federal Infrastructure Improvement account for the Forest
Service shall be transferred to and merged with this appro-
priation and shall remain available until expended: Pro-
vided further, That up to $15,000,000 of the funds provided
herein for road maintenance shall be available for the de-
commissioning of roads, including unauthorized roads not
part of the transportation system, which are no longer need-
ed: Provided further, That no funds shall be expended to
decommission any system road until notice and an oppor-
tunity for public comment has been provided on each de-
commissioning project: Provided further, That the Forest
Service shall transfer $300,000, appropriated in Public
Law 106–291 within the Capital Improvement and Mainte-
nance appropriation, to the State and Private Forestry ap-
propriation, and shall provide these funds in an advance
direct lump sum payment to Purdue University for plan-
ning and construction of a hardwood tree improvement and
generation facility.
LAND ACQUISITION
For expenses necessary to carry out the provisions of
the Land and Water Conservation Fund Act of 1965, as
amended (16 U.S.C. 460l–4 through 11), including admin-
istrative expenses, and for acquisition of land or waters,
or interest therein, in accordance with statutory authority
applicable to the Forest Service, $128,877,000 to be derived
from the Land and Water Conservation Fund, to remain
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available until expended, and to be for the conservation ac-
tivities defined in section 250(c)(4)(E)(iv) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of such Act.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior boundaries
of the Cache, Uinta, and Wasatch National Forests, Utah;
the Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests, Cali-
fornia, as authorized by law, $1,069,000, to be derived from
forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal govern-
ments, public school districts, or other public school authori-
ties pursuant to the Act of December 4, 1967, as amended
(16 U.S.C. 484a), to remain available until expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protec-
tion, and improvement, 50 percent of all moneys received
during the prior fiscal year, as fees for grazing domestic
livestock on lands in National Forests in the 16 Western
States, pursuant to section 401(b)(1) of Public Law 94–
579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for adminis-
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trative expenses associated with on-the-ground range reha-
bilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$92,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR
SUBSISTENCE USES
For necessary expenses of the Forest Service to manage
federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96–487), $5,488,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (1) purchase of not to ex-
ceed 132 passenger motor vehicles of which eight will be used
primarily for law enforcement purposes and of which 130
shall be for replacement; acquisition of 25 passenger motor
vehicles from excess sources, and hire of such vehicles; oper-
ation and maintenance of aircraft, the purchase of not to
exceed seven for replacement only, and acquisition of suffi-
cient aircraft from excess sources to maintain the operable
fleet at 195 aircraft for use in Forest Service wildland fire
programs and other Forest Service programs; notwith-
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standing other provisions of law, existing aircraft being re-
placed may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement air-
craft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of
land, waters, and interests therein, including the Oscoda-
Wurtsmith land exchange in Michigan, pursuant to 7
U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d,
and 558a note); (6) the cost of uniforms as authorized by
5 U.S.C. 5901–5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall
be obligated or expended to abolish any region, to move or
close any regional office for National Forest System admin-
istration of the Forest Service, Department of Agriculture
without the consent of the House and Senate Committees
on Appropriations.
Any appropriations or funds available to the Forest
Service may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency reha-
bilitation of burned-over or damaged lands or waters under
its jurisdiction, and fire preparedness due to severe burning
HR 2217 EAS
conditions if and only if all previously appropriated emer-
gency contingent funds under the heading ‘‘Wildland Fire
Management’’ have been released by the President and ap-
portioned.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Service
in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the provi-
sions of section 702(b) of the Department of Agriculture Or-
ganic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless
the proposed transfer is approved in advance by the House
and Senate Committees on Appropriations in compliance
with the reprogramming procedures contained in House Re-
port No. 105–163.
None of the funds available to the Forest Service may
be reprogrammed without the advance approval of the
House and Senate Committees on Appropriations in ac-
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cordance with the procedures contained in House Report
No. 105–163.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Department
of Agriculture without the approval of the Chief of the For-
est Service.
Funds available to the Forest Service shall be available
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 Conservation Corps,
defined in section 250(c)(4)(E)(xii) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act.
Of the funds available to the Forest Service, $2,500 is
available to the Chief of the Forest Service for official recep-
tion 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 $2,250,000 may be advanced in a lump sum as Federal
financial assistance to the National Forest Foundation,
without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting Na-
tional Forest System lands or related to Forest Service pro-
grams: Provided, That of the Federal funds made available
to the Foundation, no more than $400,000 shall be available
HR 2217 EAS
for administrative expenses: Provided further, That the
Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at
least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may trans-
fer Federal funds to a non-Federal recipient for a project
at the same rate that the recipient has obtained the non-
Federal matching funds: Provided further, That hereafter,
the National Forest Foundation may hold Federal funds
made available but not immediately disbursed and may use
any interest or other investment income earned (before, on,
or after the date of the enactment of this Act) on Federal
funds to carry out the purposes of Public Law 101–593:
Provided further, That such investments may be made only
in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by
the United States.
Pursuant to section 2(b)(2) of Public Law 98–244, up
to $2,650,000 of the funds available to the Forest Service
shall be available for matching funds to the National Fish
and Wildlife Foundation, as authorized by 16 U.S.C. 3701–
3709, and may be advanced in a lump sum as Federal fi-
nancial assistance, without regard to when expenses are in-
curred, for projects on or benefitting National Forest Sys-
tem lands or related to Forest Service programs: Provided,
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That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to
match on at least one-for-one basis funds advanced 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 the recipient has obtained the
non-Federal matching funds.
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural develop-
ment purposes.
Notwithstanding any other provision of law, 80 per-
cent of the funds appropriated to the Forest Service in the
‘‘National Forest System’’ and ‘‘Capital Improvement and
Maintenance’’ accounts and planned to be allocated to ac-
tivities under the ‘‘Jobs in the Woods’’ program for projects
on National Forest land in the State of Washington may
be granted directly to the Washington State Department of
Fish and Wildlife for accomplishment of planned projects.
Twenty percent of said funds shall be retained by the Forest
Service for planning and administering projects. Project se-
lection and prioritization shall be accomplished by the For-
est Service with such consultation with the State of Wash-
ington as the Forest Service deems appropriate.
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Funds appropriated to the Forest Service shall be
available for payments to counties within the Columbia
River Gorge National Scenic Area, pursuant to sections
14(c)(1) and (2), and section 16(a)(2) of Public Law 99–
663.
The Secretary of Agriculture is authorized to enter into
grants, contracts, and cooperative agreements as appro-
priate with the Pinchot Institute for Conservation, as well
as with public and other private agencies, organizations,
institutions, and individuals, to provide for the develop-
ment, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers
National Historic Landmark: Provided, That, subject to
such terms and conditions as the Secretary of Agriculture
may prescribe, any such public or private agency, organiza-
tion, institution, or individual may solicit, accept, and ad-
minister private gifts of money and real or personal prop-
erty for the benefit of, or in connection with, the activities
and services at the Grey Towers National Historic Land-
mark: Provided further, That such gifts may be accepted
notwithstanding the fact that a donor conducts business
with the Department of Agriculture in any capacity.
Funds appropriated to the Forest Service shall be
available, as determined by the Secretary, for payments to
Del Norte County, California, pursuant to sections 13(e)
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and 14 of the Smith River National Recreation Area Act
(Public Law 101–612).
Notwithstanding any other provision of law, any ap-
propriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of
the General Counsel (OGC), Department of Agriculture, for
travel and related expenses incurred as a result of OGC as-
sistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land pur-
chase negotiations and similar non-litigation related mat-
ters. Future budget justifications for both the Forest Service
and the Department of Agriculture should clearly display
the sums previously transferred and the requested funding
transfers.
The Forest Service shall fund indirect expenses, that
is expenses not directly related to specific programs or to
the accomplishment of specific work on-the-ground, from
any funds available to the Forest Service: Provided, That
the Forest Service shall implement and adhere to the defini-
tions of indirect expenditures established pursuant to Public
Law 105–277 on a nationwide basis without flexibility for
modification by any organizational level except the Wash-
ington Office, and when changed by the Washington Office,
such changes in definition shall be reported in budget re-
quests submitted by the Forest Service: Provided further,
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That the Forest Service shall provide in all future budget
justifications, planned indirect expenditures in accordance
with the definitions, summarized and displayed to the Re-
gional, Station, Area, and detached unit office level. The
justification shall display the estimated source and amount
of indirect expenditures, by expanded budget line item, of
funds in the agency’s annual budget justification. The dis-
play shall include appropriated funds and the Knutson-
Vandenberg, Brush Disposal, Cooperative Work-Other, and
Salvage Sale funds. Changes between estimated and actual
indirect expenditures shall be reported in subsequent budget
justifications: Provided, That during fiscal year 2002 the
Secretary shall limit total annual indirect obligations from
the Brush Disposal, Knutson-Vandenberg, Reforestation,
Salvage Sale, and Roads and Trails funds to 20 percent
of the total obligations from each fund. Obligations in excess
of 20 percent which would otherwise be charged to the above
funds may be charged to appropriated funds available to
the Forest Service subject to notification of the Committees
on Appropriations of the House and Senate.
Any appropriations or funds available to the Forest
Service may be used for necessary expenses in the event of
law enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That
such amounts shall not exceed $750,000.
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The Secretary of Agriculture may authorize the sale
of excess buildings, facilities, and other properties owned
by the Forest Service and located on the Green Mountain
National Forest, the revenues of which shall be retained by
the Forest Service and available to the Secretary without
further appropriation and until expended for maintenance
and rehabilitation activities on the Green Mountain Na-
tional Forest.
DEPARTMENT OF ENERGY
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (Public Law
95–91), including the acquisition of interest, including de-
feasible and equitable interests in any real property or any
facility or for plant or facility acquisition or expansion,
and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social
and environmental costs (30 U.S.C. 3, 1602, and 1603),
$604,090,000, to remain available until expended, of which
$11,000,000 is to begin construction, renovation, acquisi-
tion of furnishings, and demolition or removal of buildings
at National Energy Technology Laboratory facilities in
Morgantown, West Virginia and Pittsburgh, Pennsylvania,
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and of which $33,700,000 shall be derived by transfer from
funds appropriated in prior years under the heading
‘‘Clean Coal Technology’’, and of which $150,000,000 is to
be made available, after coordination with the private sec-
tor, for a request for proposals for a Clean Coal Power Ini-
tiative providing for competitively-awarded demonstrations
of commercial scale technologies to reduce the barriers to
continued and expanded coal use: Provided, That the re-
quest for proposals shall be issued no later than one hundred
and twenty days following enactment of this Act, proposals
shall be submitted no later than ninety days after the
issuance of the request for proposals, and the Department
of Energy shall make project selections no later than one
hundred and sixty days after the receipt of proposals: Pro-
vided further, That funds shall be expended in accordance
with the provisions governing the use of funds contained
under the heading ‘‘Clean Coal Technology’’ in prior appro-
priations: Provided further, That the Department may in-
clude provisions for repayment of Government contributions
to individual projects in an amount up to the Government
contribution to the project on terms and conditions that are
acceptable to the Department including repayments from
sale and licensing of technologies from both domestic and
foreign transactions: Provided further, That such repay-
ments shall be retained by the Department for future coal-
HR 2217 EAS
related research, development and demonstration projects:
Provided further, That any technology selected under this
program shall be considered a Clean Coal Technology, and
any project selected under this program shall be considered
a Clean Coal Technology Project, for the purposes of 42
U.S.C. § 7651n, and Chapters 51, 52, and 60 of title 40
of the Code of Federal Regulations: Provided further, That
no part of the sum herein made available shall be used for
the field testing of nuclear explosives in the recovery of oil
and gas: Provided further, That up to 4 percent of program
direction funds available to the National Energy Tech-
nology Laboratory may be used to support Department of
Energy activities not included in this account.
ALTERNATIVE FUELS PRODUCTION
(RESCISSION)
Of the unobligated balances under this heading,
$2,000,000 are rescinded.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out naval petroleum
and oil shale reserve activities, $17,371,000, to remain
available until expended: Provided, That, notwithstanding
any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum
and oil shale reserve activities.
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ELK HILLS SCHOOL LANDS FUND
For necessary expenses in fulfilling installment pay-
ments under the Settlement Agreement entered into by the
United States and the State of California on October 11,
1996, as authorized by section 3415 of Public Law 104–
106, $36,000,000, to become available on October 1, 2002
for payment to the State of California for the State Teach-
ers’ Retirement Fund from the Elk Hills School Lands
Fund.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $870,805,000, to remain available until
expended: Provided, That $251,000,000 shall be for use in
energy conservation grant programs as defined in section
3008(3) of Public Law 99–509 (15 U.S.C. 4507): Provided
further, That notwithstanding section 3003(d)(2) of Public
Law 99–509, such sums shall be allocated to the eligible
programs as follows: $213,000,000 for weatherization assist-
ance grants and $38,000,000 for State energy conservation
grants.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Office of Hearings and Appeals, $1,996,000, to re-
main available until expended.
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STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program manage-
ment activities pursuant to the Energy Policy and Con-
servation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
$169,009,000, to remain available until expended, of which
$8,000,000 shall be available for maintenance of a North-
east Home Heating Oil Reserve.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $75,499,000, to
remain available until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal
year shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
From appropriations under this Act, transfers of sums
may be made to other agencies of the Government for the
performance of work for which the appropriation is made.
None of the funds made available to the Department
of Energy under this Act shall be used to implement or fi-
nance authorized price support or loan guarantee programs
HR 2217 EAS
unless specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account
of the Department of Energy or otherwise generated by sale
of products in connection with projects of the Department
appropriated under this Act may be retained by the Sec-
retary of Energy, to be available until expended, and used
only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-
sharing contracts or agreements: Provided further, That the
remainder of revenues after the making of such payments
shall be covered into the Treasury as miscellaneous receipts:
Provided further, That any contract, agreement, or provi-
sion thereof entered into by the Secretary pursuant to this
authority shall not be executed prior to the expiration of
30 calendar days (not including any day in which either
House of Congress 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 comprehensive re-
HR 2217 EAS
port on such project, including the facts and circumstances
relied upon in support of the proposed project.
No funds provided in this Act may be expended by the
Department of Energy to prepare, issue, or process procure-
ment documents for programs or projects for which appro-
priations have not been made.
In addition to other authorities set forth in this Act,
the Secretary may accept fees and contributions from public
and private sources, to be deposited in a contributed funds
account, and prosecute projects using such fees and con-
tributions in cooperation with other Federal, State or pri-
vate agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August
5, 1954 (68 Stat. 674), the Indian Self-Determination Act,
the Indian Health Care Improvement Act, and titles II and
III of the Public Health Service Act with respect to the In-
dian Health Service, $2,388,614,000, together with pay-
ments received during the fiscal year pursuant to 42 U.S.C.
238(b) for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
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other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25
U.S.C. 450), shall be deemed to be obligated at the time
of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal
year limitation: Provided further, That $15,000,000 shall
remain available until expended, for the Indian Cata-
strophic Health Emergency Fund: Provided further, That
$430,776,000 for contract medical care shall remain avail-
able for obligation until September 30, 2003: Provided fur-
ther, That of the funds provided, up to $22,000,000 shall
be used to carry out the loan repayment program under
section 108 of the Indian Health Care Improvement Act:
Provided further, That funds provided in this Act may be
used for one-year contracts and grants which are to be per-
formed in two fiscal years, so long as the total obligation
is recorded in the year for which the funds are appro-
priated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the author-
ity of title IV of the Indian Health Care Improvement Act
shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and re-
quirements of titles XVIII and XIX of the Social Security
Act (exclusive of planning, design, or construction of new
facilities): Provided further, That funding contained herein,
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and in any earlier appropriations Acts for scholarship pro-
grams under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available for obligation until
September 30, 2003: Provided further, That amounts re-
ceived by tribes and tribal organizations under title IV of
the Indian Health Care Improvement Act shall be reported
and accounted for and available to the receiving tribes and
tribal organizations until expended: Provided further, That,
notwithstanding any other provision of law, of the amounts
provided herein, not to exceed $288,234,000 shall be for
payments to tribes and tribal organizations for contract or
grant support costs associated with contracts, grants, self-
governance compacts or annual funding agreements between
the Indian Health Service and a tribe or tribal organiza-
tion pursuant to the Indian Self-Determination Act of
1975, as amended, prior to or during fiscal year 2002, of
which up to $40,000,000 may be used for such costs associ-
ated with the Navajo Nation’s new and expanded contracts,
grants, self-governance compacts or annual funding agree-
ments: Provided further, That funds available for the In-
dian Health Care Improvement Fund may be used, as need-
ed, to carry out activities typically funded under the Indian
Health Facilities account.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities, in-
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cluding quarters for personnel; preparation of plans, speci-
fications, and drawings; acquisition of sites, purchase and
erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter-
mination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with re-
spect to environmental health and facilities support activi-
ties of the Indian Health Service, $362,854,000, to remain
available until expended: Provided, That notwithstanding
any other provision of law, funds appropriated for the plan-
ning, design, construction or renovation of health facilities
for the benefit of an Indian tribe or tribes may be used
to purchase land for sites to construct, improve, or enlarge
health or related facilities: Provided further, That from the
funds appropriated herein, $5,000,000 shall be designated
by the Indian Health Service as a contribution to the
Yukon-Kuskokwim Health Corporation (YKHC) to con-
tinue a priority project for the acquisition of land, plan-
ning, design and construction of 79 staff quarters at Bethel,
Alaska, pursuant to the negotiated project agreement be-
tween the YKHC and the Indian Health Service: Provided
further, That this project shall not be subject to the construc-
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tion provisions of the Indian Self-Determination and Edu-
cation Assistance Act and shall be removed from the Indian
Health Service priority list upon completion: Provided fur-
ther, That the Federal Government shall not be liable for
any property damages or other construction claims that
may arise from YKHC undertaking this project: Provided
further, That the land shall be owned or leased by the
YKHC and title to quarters shall remain vested with the
YKHC: Provided further, That $5,000,000 shall remain
available until expended for the purpose of funding joint
venture health care facility projects authorized under the
Indian Health Care Improvement Act, as amended: Pro-
vided further, That priority, by rank order, shall be given
to tribes with outpatient projects on the existing Indian
Health Services priority list that have Service-approved
planning documents, and can demonstrate by March 1,
2002, the financial capability necessary to provide an ap-
propriate facility: Provided further, That joint venture
funds unallocated after March 1, 2002, shall be made avail-
able for joint venture projects on a competitive basis giving
priority to tribes that currently have no existing Federally-
owned health care facility, have planning documents meet-
ing Indian Health Service requirements prepared for ap-
proval by the Service and can demonstrate the financial
capability needed to provide an appropriate facility: Pro-
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vided further, That the Indian Health Service shall request
additional staffing, operation and maintenance funds for
these facilities in future budget requests: Provided further,
That not to exceed $500,000 shall be used by the Indian
Health Service to purchase TRANSAM equipment from the
Department of Defense for distribution to the Indian Health
Service and tribal facilities: Provided further, That not to
exceed $500,000 shall be used by the Indian Health Service
to obtain ambulances for the Indian Health Service and
tribal facilities in conjunction with an existing interagency
agreement between the Indian Health Service and the Gen-
eral Services Administration: Provided further, That not to
exceed $500,000 shall be placed in a Demolition Fund,
available until expended, to be used by the Indian Health
Service for demolition of Federal buildings: Provided fur-
ther, That notwithstanding the provisions of title III, sec-
tion 306, of the Indian Health Care Improvement Act (Pub-
lic Law 94–437, as amended), construction contracts au-
thorized under title I of the Indian Self-Determination and
Education Assistance Act of 1975, as amended, may be used
rather than grants to fund small ambulatory facility con-
struction projects: Provided further, That if a contract is
used, the IHS is authorized to improve municipal, private,
or tribal lands, and that at no time, during construction
or after completion of the project will the Federal Govern-
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ment have any rights or title to any real or personal prop-
erty acquired as a part of the contract: Provided further,
That $2,333,000 shall be made available for the Sisseton
Wahpeton Sioux Tribe Indian Health Services clinic in
Sisseton, South Dakota, and $9,167,000 shall be made
available for the small ambulatory facilities program.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376; hire of passenger motor vehicles and
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular build-
ings and renovation of existing facilities; payments for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
for uniforms or allowances therefore as authorized by 5
U.S.C. 5901–5902; and for expenses of attendance at meet-
ings which are concerned with the functions or activities
for which the appropriation is made or which will con-
tribute to improved conduct, supervision, or management
of those functions or activities.
In accordance with the provisions of the Indian Health
Care Improvement Act, non-Indian patients may be ex-
tended health care at all tribally administered or Indian
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None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987,
by the Department of Health and Human Services, relating
to the eligibility for the health care services of the Indian
Health Service until the Indian Health Service has sub-
mitted a budget request reflecting the increased costs associ-
ated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law.
Funds made available in this Act are to be appor-
tioned to the Indian Health Service as appropriated in this
Act, and accounted for in the appropriation structure set
forth in this Act. With respect to functions transferred by
the Indian Health Service to tribes or tribal organizations,
the Indian Health Service is authorized to provide goods
and services to those entities, on a reimbursable basis, in-
cluding payment in advance with subsequent adjustment,
and the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian
Self-Determination Act, may be credited to the same or sub-
sequent appropriation account which provided the funding,
said amounts to remain available until expended. Reim-
bursements for training, technical assistance, or services
provided by the Indian Health Service will contain total
costs, including direct, administrative, and overhead associ-
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ated with the provision of goods, services, or technical as-
sistance. The appropriation structure for the Indian Health
Service may not be altered without advance approval of the
House and Senate Committees on Appropriations.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, $15,148,000, to remain available until expended: Pro-
vided, That funds provided in this or any other appropria-
tions Act are to be used to relocate eligible individuals and
groups including evictees from District 6, Hopi-partitioned
lands residents, those in significantly substandard housing,
and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by
the Office of Navajo and Hopi Indian Relocation to evict
any single Navajo or Navajo family who, as of November
30, 1985, was physically domiciled on the lands partitioned
to the Hopi Tribe unless a new or replacement home is pro-
vided for such household: Provided further, That no
relocatee will be provided with more than one new or re-
placement home: Provided further, That the Office shall re-
locate any certified eligible relocatees who have selected and
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received an approved homesite on the Navajo reservation
or selected a replacement residence off the Navajo reserva-
tion or on the land acquired pursuant to 25 U.S.C. 640d–
10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
CULTURE AND ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and
Alaska Native Culture and Arts Development, as authorized
by title XV of Public Law 99–498, as amended (20 U.S.C.
56 part A), $4,490,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution,
as authorized by law, including research in the fields of art,
science, and history; development, preservation, and docu-
mentation of the National Collections; presentation of pub-
lic exhibits and performances; collection, preparation, dis-
semination, and exchange of information and publications;
conduct of education, training, and museum assistance pro-
grams; maintenance, alteration, operation, lease (for terms
not to exceed 30 years), and protection of buildings, facili-
ties, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to five replacement pas-
senger vehicles; purchase, rental, repair, and cleaning of
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uniforms for employees, $401,192,000, of which not to ex-
ceed $43,713,000 for the instrumentation program, collec-
tions acquisition, exhibition reinstallation, the National
Museum of the American Indian, the repatriation of skeletal
remains program, research equipment, information man-
agement, and Latino programming shall remain available
until expended, and including such funds as may be nec-
essary to support American overseas research centers and
a total of $125,000 for the Council of American Overseas
Research Centers: Provided, That funds appropriated here-
in are available for advance payments to independent con-
tractors performing research services or participating in of-
ficial Smithsonian presentations: Provided further, That
the Smithsonian Institution may expend Federal appro-
priations designated in this Act for lease or rent payments
for long term and swing space, as rent payable to the
Smithsonian Institution, and such rent payments may be
deposited into the general trust funds of the Institution to
the extent that federally supported activities are housed in
the 900 H Street, N.W. building in the District of Colum-
bia: Provided further, That this use of Federal appropria-
tions shall not be construed as debt service, a Federal guar-
antee of, a transfer of risk to, or an obligation of, the Fed-
eral Government: Provided further, That no appropriated
funds may be used to service debt which is incurred to fi-
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nance the costs of acquiring the 900 H Street building or
of planning, designing, and constructing improvements to
such building.
REPAIR, RESTORATION AND ALTERATION OF FACILITIES
For necessary expenses of maintenance, repair, res-
toration, and alteration of facilities owned or occupied by
the Smithsonian Institution, by contract or otherwise, as
authorized by section 2 of the Act of August 22, 1949 (63
Stat. 623), including not to exceed $10,000 for services as
authorized by 5 U.S.C. 3109, $67,900,000, to remain avail-
able until expended, of which $10,000,000 is provided for
maintenance, repair, rehabilitation and alteration of facili-
ties at the National Zoological Park: Provided, That con-
tracts awarded for environmental systems, protection sys-
tems, and repair or restoration of facilities of the Smithso-
nian Institution may be negotiated with selected contractors
and awarded on the basis of contractor qualifications as
well as price.
CONSTRUCTION
For necessary expenses for construction, $25,000,000,
to remain available until expended.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
None of the funds in this or any other Act may be
used to initiate the design for any proposed expansion of
current space or new facility without consultation with the
House and Senate Appropriations Committees.
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None of the funds in this or any other Act may be
used for the Holt House located at the National Zoological
Park in Washington, D.C., unless identified as repairs to
minimize water damage, monitor structure movement, or
provide interim structural support.
None of the funds in this or any other Act may be
used to make any changes to the existing Smithsonian
science programs, including closure of facilities, relocation
of staff or redirection of functions and programs, without
approval by the Board of Regents of recommendations re-
ceived from the Science Commission.
None of the funds available to the Smithsonian may
be reprogrammed without the advance written approval of
the House and Senate Committees on Appropriations in ac-
cordance with the procedures contained in House Report
No. 105–163.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery
of Art, the protection and care of the works of art therein,
and administrative expenses incident thereto, as authorized
by the Act of March 24, 1937 (50 Stat. 51), as amended
by the public resolution of April 13, 1939 (Public Resolu-
tion 9, Seventy-sixth Congress), including services as au-
thorized by 5 U.S.C. 3109; payment in advance when au-
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thorized by the treasurer of the Gallery for membership in
library, museum, and art associations or societies whose
publications or services are available to members only, or
to members at a price lower than to the general public; pur-
chase, repair, and cleaning of uniforms for guards, and uni-
forms, or allowances therefor, for other employees as author-
ized by law (5 U.S.C. 5901–5902); purchase or rental of
devices and services for protecting buildings and contents
thereof, and maintenance, alteration, improvement, and re-
pair of buildings, approaches, and grounds; and purchase
of services for restoration and repair of works of art for
the National Gallery of Art by contracts made, without ad-
vertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $68,967,000, of which not to ex-
ceed $3,026,000 for the special exhibition program shall re-
main available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and ren-
ovation of buildings, grounds and facilities owned or occu-
pied by the National Gallery of Art, by contract or other-
wise, as authorized, $14,220,000, to remain available until
expended: Provided, That contracts awarded for environ-
mental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may
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be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance
and security of the John F. Kennedy Center for the Per-
forming Arts, $15,000,000.
CONSTRUCTION
For necessary expenses for capital repair and restora-
tion of the existing features of the building and site of the
John F. Kennedy Center for the Performing Arts,
$19,000,000, to remain available until expended.
WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
1356) including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $7,796,000.
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $98,234,000 shall be available to the National
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Endowment for the Arts for the support of projects and pro-
ductions in the arts through assistance to organizations and
individuals pursuant to sections 5(c) and 5(g) of the Act,
for program support, and for administering the functions
of the Act, to remain available until expended.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $109,882,000, shall be available to the National
Endowment for the Humanities for support of activities in
the humanities, pursuant to section 7(c) of the Act, and for
administering the functions of the Act, to remain available
until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $15,622,000, to remain available until
expended, of which $11,622,000 shall be available to the Na-
tional Endowment for the Humanities for the purposes of
section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be
equal to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of sub-
sections 11(a)(2)(B) and 11(a)(3)(B) during the current
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and preceding fiscal years for which equal amounts have
not previously been appropriated.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out subtitle C of the Museum and Li-
brary Services Act of 1996, as amended, $26,899,000, to
remain available until expended.
CHALLENGE AMERICA ARTS FUND
CHALLENGE AMERICA GRANTS
For necessary expenses as authorized by Public Law
89–209, as amended, $17,000,000 for support for arts edu-
cation and public outreach activities to be administered by
the National Endowment for the Arts, to remain available
until expended.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foun-
dation on the Arts and the Humanities may be used to
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided, That none of
the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception
and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for
official reception and representation expenses.
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COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing
a Commission of Fine Arts (40 U.S.C. 104), $1,174,000:
Provided, That the Commission is authorized to charge fees
to cover the full costs of its publications, and such fees shall
be credited to this account as an offsetting collection, to re-
main available until expended without further appropria-
tion.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law
99–190 (20 U.S.C. 956(a)), as amended, $7,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on His-
toric Preservation (Public Law 89–665, as amended),
$3,310,000: Provided, That none of these funds shall be
available for compensation of level V of the Executive Sched-
ule or higher positions.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ-
ing services as authorized by 5 U.S.C. 3109, $7,253,000:
Provided, That all appointed members of the Commission
will be compensated at a rate not to exceed the daily equiva-
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lent of the annual rate of pay for positions at level IV of
the Executive Schedule for each day such member is engaged
in the actual performance of duties.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106–292 (36 U.S.C. 2301–2310),
$36,028,000, of which $1,900,000 for the museum’s repair
and rehabilitation program and $1,264,000 for the muse-
um’s exhibitions program shall remain available until ex-
pended.
PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omni-
bus Parks and Public Lands Management Act of 1996,
$23,125,000 shall be available to the Presidio Trust, to re-
main available until expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
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SEC. 302. No part of any appropriation under this
Act shall be available to the Secretary of the Interior or
the Secretary of Agriculture for the leasing of oil and nat-
ural gas by noncompetitive bidding on publicly owned
lands within the boundaries of the Shawnee National For-
est, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access
to minerals owned by private individuals.
SEC. 303. No part of any appropriation contained in
this Act shall be available for any activity or the publica-
tion or distribution of literature that in any way tends to
promote public support or opposition to any legislative pro-
posal on which congressional action is not complete.
SEC. 304. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 305. None of the funds provided in this Act to
any department or agency shall be obligated or expended
to provide a personal cook, chauffeur, or other personal serv-
ants to any officer or employee of such department or agen-
cy except as otherwise provided by law.
SEC. 306. No assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless advance notice of such assessments and the
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basis therefor are presented to the Committees on Appro-
priations and are approved by such committees.
SEC. 307. None of the funds in this Act may be used
to plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are lo-
cated on National Forest System or Bureau of Land Man-
agement lands in a manner different than such sales were
conducted in fiscal year 2001.
SEC. 308. None of the funds made available by this
Act may be obligated or expended by the National Park
Service to enter into or implement a concession contract
which permits or requires the removal of the underground
lunchroom at the Carlsbad Caverns National Park.
SEC. 309. None of the funds made available in this
Act may be used: (1) to demolish the bridge between Jersey
City, New Jersey, and Ellis Island; or (2) to prevent pedes-
trian use of such bridge, when such pedestrian use is con-
sistent with generally accepted safety standards.
SEC. 310. (a) LIMITATION OF FUNDS.—None of the
funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended to accept or proc-
ess applications for a patent for any mining or mill site
claim located under the general mining laws.
(b) EXCEPTIONS.—The provisions of subsection (a)
shall not apply if the Secretary of the Interior determines
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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 may be,
were fully complied with by the applicant by that date.
(c) REPORT.—On September 30, 2002, the Secretary
of the Interior shall file with the House and Senate Com-
mittees on Appropriations and the Committee on Resources
of the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a report on ac-
tions taken by the Department under the plan submitted
pursuant to section 314(c) of the Department of the Interior
and Related Agencies Appropriations Act, 1997 (Public
Law 104–208).
(d) MINERAL EXAMINATIONS.—In order to process
patent applications in a timely and responsible manner,
upon the request of a patent applicant, the Secretary of the
Interior shall allow the applicant to fund a qualified third-
party contractor to be selected by the Bureau of Land Man-
agement to conduct a mineral examination of the mining
claims or mill sites contained in a patent application as
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set forth in subsection (b). The Bureau of Land Manage-
ment shall have the sole responsibility to choose and pay
the third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management
in the retention of third-party contractors.
SEC. 311. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee re-
ports for the Bureau of Indian Affairs and the Indian
Health Service by Public Laws 103–138, 103–332, 104–
134, 104–208, 105–83, 105–277, 106–113, and 106–291 for
payments to tribes and tribal organizations for contract
support costs associated with self-determination or self-gov-
ernance contracts, grants, compacts, or annual funding
agreements with the Bureau of Indian Affairs or the Indian
Health Service as funded by such Acts, are the total
amounts available for fiscal years 1994 through 2001 for
such purposes, except that, for the Bureau of Indian Affairs,
tribes and tribal organizations may use their tribal priority
allocations for unmet indirect costs of ongoing contracts,
grants, self-governance compacts or annual funding agree-
ments.
SEC. 312. Notwithstanding any other provision of law,
for fiscal year 2002 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ‘‘Jobs in the
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Woods’’ Program established in Region 10 of the Forest
Service to individuals and entities in historically timber-
dependent areas in the States of Washington, Oregon, north-
ern California and Alaska that have been affected by re-
duced timber harvesting on Federal lands. The Secretaries
shall consider the benefits to the local economy in evaluating
bids and designing procurements which create economic op-
portunities for local contractors.
SEC. 313. None of the funds collected under the Rec-
reational Fee Demonstration program may be used to plan,
design, or construct a visitor center or any other permanent
structure without prior approval of the House and the Sen-
ate Committees on Appropriations if the estimated total
cost of the facility exceeds $500,000.
SEC. 314. 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. 315. 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 indi-
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vidual for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, ex-
cept a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in ex-
change for goods and services.
(3) No grant shall be used for seasonal support
to a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
SEC. 316. The National Endowment for the Arts and
the National Endowment for the Humanities are authorized
to solicit, accept, receive, and invest in the name of the
United States, gifts, bequests, or devises of money and other
property or services and to use such in furtherance of the
functions of the National Endowment for the Arts and the
National Endowment for the Humanities. Any proceeds
from such gifts, bequests, or devises, after acceptance by the
National Endowment for the Arts or the National Endow-
ment for the Humanities, shall be paid by the donor or the
representative of the donor to the Chairman. The Chairman
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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. 317. (a) In providing services or awarding finan-
cial assistance under the National Foundation on the Arts
and the Humanities Act of 1965 from funds appropriated
under this Act, the Chairperson of the National Endowment
for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, pro-
ductions, workshops, or programs that serve underserved
populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means a
population of individuals, including urban minori-
ties, who have historically been outside the purview of
arts and humanities programs due to factors such as
a high incidence of income below the poverty line or
to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
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 services
or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowl-
edge, education, understanding, and appreciation of the
arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Hu-
manities Act of 1965—
(1) the Chairperson shall establish a grant cat-
egory for projects, productions, workshops, or pro-
grams that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants ex-
ceeding 15 percent, in the aggregate, of such funds to
any single State, excluding grants made under the
authority of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 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. 318. No part of any appropriation contained in
this Act shall be expended or obligated to complete and issue
the 5-year program under the Forest and Rangeland Re-
newable Resources Planning Act.
SEC. 319. None of the funds in this Act may be used
to support Government-wide administrative functions un-
less such functions are justified in the budget process and
funding is approved by the House and Senate Committees
on Appropriations.
SEC. 320. 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. 321. Amounts deposited during fiscal year 2001
in the roads and trails fund provided for in the fourteenth
paragraph under the heading ‘‘FOREST SERVICE’’ of the
Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall
be used by the Secretary of Agriculture, without regard to
the State in which the amounts were derived, to repair or
reconstruct roads, bridges, and trails on National Forest
System lands or to carry out and administer projects to
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improve forest health conditions, which may include the re-
pair or reconstruction of roads, bridges, and trails on Na-
tional Forest System lands in the wildland-community
interface where there is an abnormally high risk of fire. The
projects shall emphasize reducing risks to human safety and
public health and property and enhancing ecological func-
tions, long-term forest productivity, and biological integ-
rity. The projects may be completed in a subsequent fiscal
year. Funds shall not be expended under this section to re-
place funds which would otherwise appropriately be ex-
pended from the timber salvage sale fund. Nothing in this
section shall be construed to exempt any project from any
environmental law.
SEC. 322. 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.
SEC. 323. 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 evi-
dence appraisal system using domestic Alaska values for
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western red cedar may be advertised upon receipt of a writ-
ten request by a prospective, informed bidder, who has the
opportunity to review the Forest Service’s cruise and har-
vest cost estimate for that timber. Program accomplish-
ments shall be based on volume sold. Should Region 10 sell,
in fiscal year 2002, the annual average portion of the
decadal allowable sale quantity called for in the current
Tongass Land Management Plan in sales which are not def-
icit when appraised under the transaction evidence ap-
praisal 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 Alas-
ka, shall be made available to domestic processors in the
contiguous 48 United States at prevailing domestic prices.
Should Region 10 sell, in fiscal year 2002, less than the
annual average portion of the decadal allowable sale quan-
tity called for in the current 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, the volume of western
red cedar timber available to domestic processors at pre-
vailing 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 determined by calcu-
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lating the ratio of the total timber volume 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 rolling basis as each sale is
sold (for purposes of this amendment, a ‘‘rolling basis’’ shall
mean that the determination of how much western red cedar
is eligible for sale to various markets shall be made at the
time each sale is awarded). Western red cedar shall be
deemed ‘‘surplus to the needs of domestic processors in Alas-
ka’’ when the timber sale holder has presented to the Forest
Service documentation 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 election
of the timber sale holder. All Alaska yellow cedar may be
sold at prevailing export prices at the election of the timber
sale holder.
SEC. 324. None of the funds appropriated by this Act
shall be used to propose or issue rules, regulations, decrees,
or orders for the purpose of implementation, or in prepara-
tion for implementation, of the Kyoto Protocol which was
adopted on December 11, 1997, in Kyoto, Japan at the
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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 rati-
fication 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. 325. The Forest Service, in consultation with the
Department of Labor, shall review Forest Service camp-
ground concessions policy to determine if modifications can
be made to Forest Service contracts for campgrounds so that
such concessions fall within the regulatory exemption of 29
CFR 4.122(b). The Forest Service shall offer in fiscal year
2002 such concession prospectuses under the regulatory ex-
emption, except that, any prospectus that does not meet the
requirements of the regulatory exemption shall be offered as
a service contract in accordance with the requirements of
41 U.S.C. 351–358.
SEC. 326. A project undertaken by the Forest Service
under the Recreation Fee Demonstration Program as au-
thorized by section 315 of the Department of the Interior
and Related Agencies Appropriations Act for Fiscal Year
1996, as amended, shall not result in—
(1) displacement of the holder of an authoriza-
tion to provide commercial recreation services on Fed-
eral lands. Prior to initiating any project, the Sec-
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retary shall consult with potentially affected holders
to determine what impacts the project may have on
the holders. Any modifications to the authorization
shall be made within the terms and conditions of the
authorization and authorities of the impacted agency.
(2) the return of a commercial recreation service
to the Secretary for operation when such services have
been provided in the past by a private sector pro-
vider, except when—
(A) the private sector provider fails to bid
on such opportunities;
(B) the private sector provider terminates
its relationship with the agency; or
(C) the agency revokes the permit for non-
compliance with the terms and conditions of the
authorization.
In such cases, the agency may use the Recreation Fee Dem-
onstration Program to provide for operations until a subse-
quent operator can be found through the offering of a new
prospectus.
SEC. 327. The authority to enter into stewardship and
end result contracts provided to the Forest Service in ac-
cordance with section 347 of title III of section 101(e) of
division A of Public Law 105–277 is hereby expanded to
authorize the Forest Service to enter into an additional 28
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contracts subject to the same terms and conditions as pro-
vided in that section: Provided, That of the additional con-
tracts authorized by this section at least 9 shall be allocated
to Region 1 and at least 3 to Region 6.
SEC. 328. Any regulations or policies promulgated or
adopted by the Departments of Agriculture or the Interior
regarding recovery of costs for processing authorizations to
occupy and use Federal lands under their control shall ad-
here to and incorporate the following principle arising from
Office of Management and Budget Circular, A–25; no
charge should be made for a service when the identification
of the specific beneficiary is obscure, and the service can
be considered primarily as benefiting broadly the general
public.
SEC. 329. Notwithstanding any other provision of law,
for fiscal year 2002, the Secretary of Agriculture is author-
ized to limit competition for fire and fuel treatment and
watershed restoration contracts in the Giant Sequoia Na-
tional Monument and the Sequoia National Forest. Pref-
erence for employment shall be given to dislocated and dis-
placed workers in Tulare, Kern and Fresno Counties, Cali-
fornia, for work associated with the establishment of the
Giant Sequoia National Monument.
SEC. 330. The Secretary of Agriculture, acting through
the Chief of the Forest Service shall:
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(1) extend the special use permit for the Sioux
Charlie Cabin in the Absaroka Beartooth Wilderness
Area, Montana, held by Montana State University—
Billings for a period of 50 years; and
(2) solicit public comments at the end of the 50
year period to determine whether another extension
should be granted.
SEC. 331. Section 323 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 1999, as in-
cluded in Public Law 105–277, Division A, section 101(e),
is amended by striking ‘‘and 2001,’’ and inserting ‘‘, 2001
and 2002,’’.
SEC. 332. Section 551(c) of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll–61(c)) is
amended by striking ‘‘2002’’ and inserting ‘‘2004’’.
SEC. 333. LOCAL EXEMPTIONS FROM FOREST SERV-
ICE DEMONSTRATION PROGRAM FEES. Section 6906 of Title
31, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Necessary’’; and
(2) by adding at the end the following:
‘‘(b) LOCAL
EXEMPTIONS
FROM
DEMONSTRATION
PROGRAM FEES.—
‘‘(1) IN GENERAL.—Each unit of general local
government that lies in whole or in part within the
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White Mountain National Forest and persons residing
within the boundaries of that unit of general local
government shall be exempt during that fiscal year
from any requirement to pay a Demonstration Pro-
gram Fee (parking permit or passport) imposed by
the Secretary of Agriculture for access to the Forest.
‘‘(2) ADMINISTRATION.—The Secretary of Agri-
culture shall establish a method of identifying persons
who are exempt from paying user fees under para-
graph (1). This method may include valid form of
identification including a drivers license.’’.
SEC. 334. MODIFICATION TO STEEL LOAN GUARANTEE
PROGRAM. (a) IN GENERAL.—Section 101 of the Emergency
Steel Loan Guarantee Act of 1999 (Public Law 106–51; 15
U.S.C. 1841 note) is amended as follows:
(1) TERMS AND CONDITIONS.—Subsection (h) is
amended—
(A) in paragraph (1), by striking ‘‘2005’’
and inserting ‘‘2015’’; and
(B) by amending paragraph (4) to read as
follows:
‘‘(4) GUARANTEE LEVEL.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), any loan guarantee
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provided under this section shall not exceed 85
percent of the amount of principal of the loan.
‘‘(B) INCREASED
LEVEL
ONE.—A loan
guarantee may be provided under this section in
excess of 85 percent, but not more than 90 per-
cent, of the amount of principal of the loan, if—
‘‘(i) the aggregate amount of loans
guaranteed at such percentage and out-
standing under this section at any one time
does not exceed $100,000,000; and
‘‘(ii) the aggregate amount of loans
guaranteed at such percentage under this
section with respect to a single qualified
steel company does not exceed $50,000,000.
‘‘(C) INCREASED
LEVEL
TWO.—A loan
guarantee may be provided under this section in
excess of 85 percent, but not more than 95 per-
cent, of the amount of principal of the loan, if—
‘‘(i) the aggregate amount of loans
guaranteed at such percentage and out-
standing under this section at any one time
does not exceed $100,000,000; and
‘‘(ii) the aggregate amount of loans
guaranteed at such percentage under this
section with respect to a single qualified
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steel 
company 
does 
not 
exceed
$50,000,000.’’.
(2) TERMINATION OF GUARANTEE AUTHORITY.—
Subsection (k) is amended by striking ‘‘2001’’ and in-
serting ‘‘2003’’.
(b) APPLICABILITY.—The amendments made by this
section shall apply only with respect to any guarantee
issued on or after the date of the enactment of this Act.
This Act may be cited as the ‘‘Department of the Inte-
rior and Related Agencies Appropriations Act, 2002’’.
Attest:
Secretary.
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