coal mines, and for associated activities, through the Ap-
palachian Clean Streams Initiative: Provided, That grants
to minimum program States will be $1,500,000 per State
in fiscal year 2004: Provided further, That of the funds
herein provided up to $18,000,000 may be used for the
emergency program authorized by section 410 of Public
Law 95–87, as amended, of which no more than 25 per-
cent shall be used for emergency reclamation projects in
any one State and funds for federally administered emer-
gency reclamation projects under this proviso shall not ex-
ceed $11,000,000: Provided further, That prior year unob-
ligated funds appropriated for the emergency reclamation
program shall not be subject to the 25 percent limitation
per State and may be used without fiscal year limitation
for emergency projects: Provided further, That pursuant
to Public Law 97–365, the Department of the Interior is
authorized to use up to 20 percent from the recovery of
the delinquent debt owed to the United States Government
to pay for contracts to collect these debts: Provided fur-
ther, That funds made available under title IV of Public
Law 95–87 may be used for any required non-Federal
share of the cost of projects funded by the Federal Gov-
ernment for the purpose of environmental restoration re-
lated to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such
projects must be consistent with the purposes and prior-
ities of the Surface Mining Control and Reclamation Act.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act
of November 2, 1921 (25 U.S.C. 13), the Indian Self-De-
termination and Education Assistance Act of 1975 (25
U.S.C. 450 et seq.), as amended, the Education Amend-
ments of 1978 (25 U.S.C. 2001–2019), and the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
as amended, $1,902,106,000, to remain available until
September 30, 2005 except as otherwise provided herein,
of which not to exceed $85,925,000 shall be for welfare
assistance payments and notwithstanding any other provi-
sion of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed
$135,315,000 shall be available for payments to tribes and
tribal organizations for contract support costs associated
with ongoing contracts, grants, compacts, or annual fund-
ing agreements entered into with the Bureau prior to or
during fiscal year 2004, as authorized by such Act, except
that tribes and tribal organizations may use their tribal
priority allocations for unmet indirect costs of ongoing
contracts, grants, or compacts, or annual funding agree-
ments and for unmet welfare assistance costs; and of
which not to exceed $458,524,000 for school operations
costs of Bureau-funded schools and other education pro-
grams shall become available on July 1, 2004, and shall
remain available until September 30, 2005; and of which
not to exceed $55,374,000 shall remain available until ex-
pended for housing improvement, road maintenance, at-
torney fees, litigation support, the Indian Self-Determina-
tion Fund, land records improvement, and the Navajo-
Hopi Settlement Program: Provided, That notwith-
standing any other provision of law, including but not lim-
ited to the Indian Self-Determination Act of 1975, as
amended, and 25 U.S.C. 2008, not to exceed $49,297,000
within and only from such amounts made available for
school operations shall be available to tribes and tribal or-
ganizations for administrative cost grants associated with
ongoing grants entered into with the Bureau prior to or
during fiscal year 2003 for the operation of Bureau-fund-
ed schools, and up to $3,000,000 within and only from
such amounts made available for school operations shall
be available for the transitional costs of initial administra-
tive cost grants to tribes and tribal organizations that
enter into grants for the operation on or after July 1,
2004 of Bureau-operated schools: Provided further, That
any forestry funds allocated to a tribe which remain unob-
ligated as of September 30, 2005, may be transferred dur-
ing fiscal year 2006 to an Indian forest land assistance
account established for the benefit of such tribe within the
tribe’s trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2006.
CONSTRUCTION
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities,
and other facilities, including architectural and engineer-
ing services by contract; acquisition of lands, and interests
in lands; and preparation of lands for farming, and for
construction of the Navajo Indian Irrigation Project pur-
suant to Public Law 87–483, $345,154,000, to remain
available until expended: Provided, That such amounts as
may be available for the construction of the Navajo Indian
Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 per-
cent of contract authority available to the Bureau of In-
dian Affairs from the Federal Highway Trust Fund may
be used to cover the road program management costs of
the Bureau: Provided further, That any funds provided for
the Safety of Dams program pursuant to 25 U.S.C. 13
shall be made available on a nonreimbursable basis: Pro-
vided further, That for fiscal year 2004, in implementing
new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to
tribally controlled grant schools under Public Law 100–
297, as amended, the Secretary of the Interior shall use
the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR
part 12 as the regulatory requirements: Provided further,
That such grants shall not be subject to section 12.61 of
43 CFR; the Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to be per-
formed: Provided further, That in considering applications,
the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in assuring that the
construction projects conform to applicable building stand-
ards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management capa-
bilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That
any disputes between the Secretary and any grantee con-
cerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
(INCLUDING TRANSFER OF FUNDS)
For miscellaneous payments to Indian tribes and in-
dividuals and for necessary administrative expenses,
$60,551,000, to remain available until expended; of which
$31,610,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 101–618, 107–331, and 102–575, and for
implementation of other enacted water rights settlements;
and of which $18,817,000 shall be available pursuant to
Public Laws 99–264, 100–580, 106–425, and 106–554;
and of which $9,968,000 shall be available for payment
to the Quinault Indian Nation pursuant to the terms of
the North Boundary Settlement Agreement dated July 14,
2000, providing for the acquisition of perpetual conserva-
tion easements from the Nation: Provided, That of the
payment to the Quinault Indian Nation, $4,968,000 shall
be derived from amounts provided under the heading
‘‘United States Fish and Wildlife Service, Land Acquisi-
tion’’ in Public Law 108–7.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans,
$5,797,000, as authorized by the Indian Financing Act
of 1974, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Pro-
vided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $94,568,000.
In addition, for administrative expenses to carry out
the guaranteed and insured loan programs, $700,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts and grants, either di-
rectly or in cooperation with States and other organiza-
tions.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian
Affairs may contract for services in support of the man-
agement, operation, and maintenance of the Power Divi-
sion of the San Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guar-
antee and insurance fund, and the Indian Guaranteed
Loan Program account) shall be available for expenses of
exhibits, and purchase of not to exceed 229 passenger
motor vehicles, of which not to exceed 187 shall be for
replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations, or pooled overhead general administration (ex-
cept facilities operations and maintenance) shall be avail-
able for tribal contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the
Tribal Self-Governance Act of 1994 (Public Law 103–
413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government’s trust responsibility to that
tribe, or the government-to-government relationship be-
tween the United States and that tribe, or that tribe’s abil-
ity to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C.
452 et seq., shall be available to support the operation of
any elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other
Act for schools funded by the Bureau shall be available
only to the schools in the Bureau school system as of Sep-
tember 1, 1996. No funds available to the Bureau shall
be used to support expanded grades for any school or dor-
mitory beyond the grade structure in place or approved
by the Secretary of the Interior at each school in the Bu-
reau school system as of October 1, 1995. Funds made
available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term
is defined in section 1146 of the Education Amendments
of 1978 (25 U.S.C. 2026)), except that a charter school
that is in existence on the date of the enactment of this
Act and that has operated at a Bureau-funded school be-
fore September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bu-
reau a pro rata share of funds to reimburse the Bureau
for the use of the real and personal property (including
buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school pro-
grams of the State in which the school is located if the
charter school loses such funding. Employees of Bureau-
funded schools sharing a campus with a charter school and
performing functions related to the charter school’s oper-
ation and employees of a charter school shall not be treat-
ed as Federal employees for purposes of chapter 171 of
title 28, United States Code.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$74,343,000, of which: (1) $68,022,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, coral reef initiative activities, and brown tree
snake control and research; grants to the judiciary in
American Samoa for compensation and expenses, as au-
thorized by law (48 U.S.C. 1661(c)); grants to the Govern-
ment of American Samoa, in addition to current local rev-
enues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of
the Northern Mariana Islands as authorized by law (Pub-
lic Law 94–241; 90 Stat. 272); and (2) $6,321,000 shall
be available for salaries and expenses of the Office of Insu-
lar Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for, in-
cluding such transactions of all agencies or instrumental-
ities established or used by such governments, may be au-
dited by the General Accounting Office, at its discretion,
in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representa-
tives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104–
134: Provided further, That of the amounts provided for
technical assistance, sufficient funds shall be made avail-
able for a grant to the Pacific Basin Development Council:
Provided further, That of the amounts provided for tech-
nical assistance, sufficient funding shall be made available
for a grant to the Close Up Foundation: Provided further,
That the funds for the program of operations and mainte-
nance improvement are appropriated to institutionalize
routine operations and maintenance improvement of cap-
ital infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee’s commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for dis-
aster assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching
funds for the purpose of hazard mitigation grants provided
pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for
the Federated States of Micronesia and the Republic of
the Marshall Islands as provided for in sections 221(a)(3),
221(b), 223, and 233 of the Compact of Free Association,
and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections
221(a)(2), 221(b), and 233 of the Compact of Free Asso-
ciation, $16,354,000, to remain available until expended,
as authorized by Public Law 99–239 and Public Law 99–
658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the De-
partment of the Interior, $79,027,000 (reduced by
$3,000,000), of which not to exceed $8,500 may be for
official reception and representation expenses, and of
which up to $1,000,000 shall be available for workers com-
pensation payments and unemployment compensation pay-
ments associated with the orderly closure of the United
States Bureau of Mines: Provided, That none of the funds
in this or previous appropriations Acts may be used to
establish any additional reserves in the Working Capital
account other than the two authorized reserves without
prior approval of the House and Senate Committees on
Appropriations.
WORKING CAPITAL FUND
From unobligated balances under this heading,
$20,000,000 are hereby cancelled.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of Octo-
ber 20, 1976, as amended (31 U.S.C. 6901–6907),
$225,000,000, of which not to exceed $400,000 shall be
available for administrative expenses: Provided, That no
payment shall be made to otherwise eligible units of local
government if the computed amount of the payment is less
than $100.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$50,374,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $39,049,000, of which $3,812,000 shall be for
procurement by contract of independent auditing services
to audit the consolidated Department of the Interior an-
nual financial statement and the annual financial state-
ment of the Department of the Interior bureaus and of-
fices funded in this Act.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts,
and grants, $219,641,000, of which $75,000,000 shall be
available for historical accounting, to remain available
until expended: Provided, That funds for trust manage-
ment improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian
Affairs, ‘‘Operation of Indian Programs’’ account; the Of-
fice of the Solicitor, ‘‘Salaries and Expenses’’ account; and
the Departmental Management, ‘‘Salaries and Expenses’’
account: Provided further, That funds made available to
Tribes and Tribal organizations through contracts or
grants obligated during fiscal year 2004, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450
et seq.), shall remain available until expended by the con-
tractor or grantee: Provided further, That notwithstanding
any other provision of law, the statute of limitations shall
not commence to run on any claim, including any claim
in litigation pending on the date of the enactment of this
Act, concerning losses to or mismanagement of trust
funds, until the affected tribe or individual Indian has
been furnished with an accounting of such funds from
which the beneficiary can determine whether there has
been a loss: Provided further, That notwithstanding any
other provision of law, the Secretary shall not be required
to provide a quarterly statement of performance for any
Indian trust account that has not had activity for at least
18 months and has a balance of $1.00 or less: Provided
further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and
shall permit the balance in each such account to be with-
drawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or de-
posits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and re-
main available in this account for this purpose.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian
lands and expenses associated with redetermining and re-
distributing escheated interests in allotted lands, and for
necessary expenses to carry out the Indian Land Consoli-
dation Act of 1983, as amended, by direct expenditure or
cooperative agreement, $20,980,000, to remain available
until expended.
NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability
Act, as amended (42 U.S.C. 9601 et seq.), Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (Public Law 101–380)
(33 U.S.C. 2701 et seq.), and Public Law 101–337, as
amended (16 U.S.C. 19jj et seq.), $5,633,000, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated
funds in the ‘‘Departmental Management’’, ‘‘Office of the
Solicitor’’, and ‘‘Office of Inspector General’’ may be aug-
mented through the Working Capital Fund or the Consoli-
dated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE
INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be re-
plenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of wildland fires on or threatening lands
under the jurisdiction of the Department of the Interior;
for the emergency rehabilitation of burned-over lands
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subse-
quent to actual oil spills; for response and natural resource
damage assessment activities related to actual oil spills;
for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on
lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99–198
(99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with
their use for wildland fire operations, such reimbursement
to be credited to appropriations currently available at the
time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under
this authority until the Secretary determines that funds
appropriated for ‘‘wildland fire operations’’ shall be ex-
hausted within 30 days: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ‘‘emergency requirements’’ pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, and must be replen-
ished by a supplemental appropriation which must be re-
quested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds
were transferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any
other activity in the same manner as authorized by sec-
tions 1535 and 1536 of title 31, United States Code: Pro-
vided, That reimbursements for costs and supplies, mate-
rials, equipment, and for services rendered may be cred-
ited to the appropriation current at the time such reim-
bursements are received.
SEC. 104. Appropriations made to the Department
of the Interior in this title shall be available for services
as authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members.
SEC. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall be
available for uniforms or allowances therefor, as author-
ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).
SEC. 106. Annual appropriations made in this title
shall be available for obligation in connection with con-
tracts issued for services or rentals for periods not in ex-
cess of 12 months beginning at any time during the fiscal
year.
SEC. 107. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore preleasing, leasing and related activities placed
under restriction in the President’s moratorium statement
of June 12, 1998, in the areas of northern, central, and
southern California; the North Atlantic; Washington and
Oregon; and the eastern Gulf of Mexico south of 26 de-
grees north latitude and east of 86 degrees west longitude.
SEC. 108. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore oil and natural gas preleasing, leasing, and re-
lated activities, on lands within the North Aleutian Basin
planning area.
SEC. 109. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct off-
shore oil and natural gas preleasing, leasing and related
activities in the eastern Gulf of Mexico planning area for
any lands located outside Sale 181, as identified in the
final Outer Continental Shelf 5-Year Oil and Gas Leasing
Program, 1997–2002.
SEC. 110. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct oil
and natural gas preleasing, leasing and related activities
in the Mid-Atlantic and South Atlantic planning areas.
SEC. 111. Advance payments made under this title
to Indian tribes, tribal organizations, and tribal consortia
pursuant to the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) or the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)
may be invested by the Indian tribe, tribal organization,
or consortium before such funds are expended for the pur-
poses of the grant, compact, or annual funding agreement
so long as such funds are—
(1) invested by the Indian tribe, tribal organiza-
tion, or consortium only in obligations of the United
States, or in obligations or securities that are guar-
anteed or insured by the United States, or mutual
(or other) funds registered with the Securities and
Exchange Commission and which only invest in obli-
gations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are in-
sured by an agency or instrumentality of the United
States, or are fully collateralized to ensure protec-
tion of the funds, even in the event of a bank failure.
SEC. 112. Notwithstanding any other provisions of
law, the National Park Service shall not develop or imple-
ment a reduced entrance fee program to accommodate
non-local travel through a unit. The Secretary may provide
for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to
develop guidelines and permits for such activity appro-
priate to that unit.
SEC. 113. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special
Trustee for American Indians and any available unobli-
gated balances from prior appropriations Acts made under
the same headings, shall be available for expenditure or
transfer for Indian trust management and reform activi-
ties.
SEC. 114. A grazing permit or lease that expires (or
is transferred) during fiscal year 2004 shall be renewed
under section 402 of the Federal Land Policy and Man-
agement Act of 1976, as amended (43 U.S.C. 1752) or,
if applicable, section 510 of the California Desert Protec-
tion Act (16 U.S.C. 410aaa–50). The terms and condi-
tions contained in the expiring permit or lease shall con-
tinue in effect under the new permit or lease until such
time as the Secretary of the Interior completes processing
of such permit or lease in compliance with all applicable
laws and regulations, at which time such permit or lease
may be canceled, suspended or modified, in whole or in
part, to meet the requirements of such applicable laws and
regulations. Nothing in this section shall be deemed to
alter the Secretary’s statutory authority: Provided, That
any Federal lands included within the boundary of Lake
Roosevelt National Recreation Area, as designated by the
Secretary of the Interior on April 5, 1990 (Lake Roosevelt
Cooperative Management Agreement), that were utilized
as of March 31, 1997, for grazing purposes pursuant to
a permit issued by the National Park Service, the person
or persons so utilizing such lands as of March 31, 1997,
shall be entitled to renew said permit under such terms
and conditions as the Secretary may prescribe, for the life-
time of the permittee or 20 years, whichever is less.
SEC. 115. Notwithstanding any other provision of
law, for the purpose of reducing the backlog of Indian pro-
bate cases in the Department of the Interior, the hearing
requirements of chapter 10 of title 25, United States
Code, are deemed satisfied by a proceeding conducted by
an Indian probate judge, appointed by the Secretary with-
out regard to the provisions of title 5, United States Code,
governing the appointments in the competitive service, for
such period of time as the Secretary determines necessary:
Provided, That the basic pay of an Indian probate judge
so appointed may be fixed by the Secretary without regard
to the provisions of chapter 51, and subchapter III of
chapter 53 of title 5, United States Code, governing the
classification and pay of General Schedule employees, ex-
cept that no such Indian probate judge may be paid at
a level which exceeds the maximum rate payable for the
highest grade of the General Schedule, including locality
pay.
SEC. 116. Notwithstanding any other provision of
law, the Secretary of the Interior is authorized to redis-
tribute any Tribal Priority Allocation funds, including
tribal base funds, to alleviate tribal funding inequities by
transferring funds to address identified, unmet needs,
dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduc-
tion in Tribal Priority Allocation funds of more than 10
percent in fiscal year 2004. Under circumstances of dual
enrollment, overlapping service areas or inaccurate dis-
tribution methodologies, the 10 percent limitation does not
apply.
SEC. 117. Funds appropriated for the Bureau of In-
dian Affairs for postsecondary schools for fiscal year 2004
shall be allocated among the schools proportionate to the
unmet need of the schools as determined by the Postsec-
ondary Funding Formula adopted by the Office of Indian
Education Programs.
SEC. 118. (a) The Secretary of the Interior shall take
such action as may be necessary to ensure that the lands
comprising the Huron Cemetery in Kansas City, Kansas
(as described in section 123 of Public Law 106–291) are
used only in accordance with this section.
(b) The lands of the Huron Cemetery shall be used
only: (1) for religious and cultural uses that are compat-
ible with the use of the lands as a cemetery; and (2) as
a burial ground.
SEC. 119. Notwithstanding any other provision of
law, in conveying the Twin Cities Research Center under
the authority provided by Public Law 104–134, as amend-
ed by Public Law 104–208, the Secretary may accept and
retain land and other forms of reimbursement: Provided,
That the Secretary may retain and use any such reim-
bursement until expended and without further appropria-
tion: (1) for the benefit of the National Wildlife Refuge
System within the State of Minnesota; and (2) for all ac-
tivities authorized by Public Law 100–696; 16 U.S.C.
460zz.
SEC. 120. Notwithstanding other provisions of law,
the National Park Service may authorize, through cooper-
ative agreement, the Golden Gate National Parks Associa-
tion to provide fee-based education, interpretive and vis-
itor service functions within the Crissy Field and Fort
Point areas of the Presidio.
SEC. 121. Notwithstanding 31 U.S.C. 3302(b), sums
received by the Bureau of Land Management for the sale
of seeds or seedlings including those collected in fiscal year
2003, may be credited to the appropriation from which
funds were expended to acquire or grow the seeds or seed-
lings and are available without fiscal year limitation.
SEC. 122. WHITE RIVER OIL SHALE MINE, UTAH.
SALE.—Subject to the terms and conditions of section 126
of the Department of the Interior and Related Agencies
Act, 2002, the Administrator of General Services shall sell
all right, title, and interest of the United States in and
to the improvements and equipment of the White River
Oil Shale Mine.
SEC. 123. 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 (18 U.S.C. 47(a)) shall not be applicable to such
use. Such use shall be in accordance with humane proce-
dures prescribed by the Secretary.
SEC. 124. Funds provided in this Act for Federal
land acquisition by the National Park Service for Shen-
andoah 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 acquisition of lands with-
out regard to any restriction on the use of Federal land
acquisition funds provided through the Land and Water
Conservation Fund Act of 1965 as amended.
SEC. 125. 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. 126. None of the funds made available in this
Act may be used: (1) to demolish the bridge between Jer-
sey City, New Jersey, and Ellis Island; or (2) to prevent
pedestrian use of such bridge, when such pedestrian use
is consistent with generally accepted safety standards.
SEC. 127. 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. 128. None of the funds in this or any other Act
can be used to compensate the Special Master and the
Special Master-Monitor, and all variations thereto, ap-
pointed by the United States District Court for the Dis-
trict of Columbia in the Cobell v. Norton litigation at an
annual rate that exceeds 200 percent of the highest Senior
Executive Service rate of pay for the Washington-
Baltimore locality pay area.
SEC. 129. The Secretary of the Interior may use dis-
cretionary funds to pay private attorneys fees and costs
for employees and former employees of the Department
of the Interior reasonably incurred in connection with
Cobell v. Norton to the extent that such fees and costs
are not paid by the Department of Justice or by private
insurance. In no case shall the Secretary make payments
under this section that would result in payment of hourly
fees in excess of the highest hourly rate approved by the
District Court for the District of Columbia for counsel in
Cobell v. Norton.
SEC. 130. The United States Fish and Wildlife Serv-
ice shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement
a system of mass marking of salmonid stocks, intended
for harvest, that are released from Federally operated or
Federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species.
Marked fish must have a visible mark that can be readily
identified by commercial and recreational fishers.
SEC. 131. Such sums as may be necessary from ‘‘De-
partmental Management, Salaries and Expenses’’, may be
transferred to ‘‘United States Fish and Wildlife Service,
Resource Management’’ for operational needs at the Mid-
way Atoll National Wildlife Refuge airport.
SEC. 132. No funds appropriated for the Department
of the Interior by this Act or any other Act shall be used
to study or implement any plan to drain Lake Powell or
to reduce the water level of the lake below the range of
water levels required for the operation of the Glen Canyon
Dam.
SEC. 133. Section 122 of division F of Public Law
108–7 is amended as follows:
(1) Paragraph 122(a)(4) is amended to read—
‘‘(4) TRIBALLY
CONTROLLED
SCHOOL.—The
term ‘tribally controlled school’ means a school that
currently receives a grant under the Tribally Con-
trolled Schools Act of 1988, as amended (25 U.S.C.
2501 et seq.) or is determined by the Secretary to
meet the eligibility criteria of section 5205 of the
Tribally Controlled Schools Act of 1988, as amended
(25 U.S.C. 2504).’’.
(2) Paragraph 122(b)(1) is amended by strik-
ing the second sentence and inserting: ‘‘The Sec-
retary shall ensure that applications for funding to
replace schools currently receiving funding for facil-
ity operation and maintenance from the Bureau of
Indian Affairs receive the highest priority for grants
under this section. Among such applications, the
Secretary shall give priority to applications of Indian
tribes that agree to fund all future facility operation
and maintenance costs of the tribally controlled
school funded under the demonstration program
from other than Federal funds.’’.
(3) Subsection (c) is amended by inserting after
‘‘EFFECT OF GRANT.—’’ the following: ‘‘(1) Except
as provided in paragraph (2) of this subsection,’’
and is further amended by adding the following new
paragraph:
‘‘(2) A tribe receiving a grant for construction
of a tribally controlled school under this section shall
not be eligible to receive funding from the Bureau
of Indian Affairs for that school for education oper-
ations or facility operation and maintenance if the
school that was not at the time of the grant: (i) a
school receiving funding for education operations or
facility operation and maintenance under the Trib-
ally Controlled Schools Act or the Indian Self-Deter-
mination and Education Assistance Act or (ii) a
school operated by the Bureau of Indian Affairs.’’.
SEC. 134. The Secretary of the Interior shall within
180 days of the enactment of this Act submit to the House
and Senate Committees on Appropriations a report that
describes the condition and adequacy of educational facili-
ties available to the Eastern Band of Cherokee Indians,
the availability of lands necessary for the construction of
any necessary new or replacement education facilities, and
the impacts that construction of such facilities might have
on natural, cultural, and other resources present within
the Great Smoky Mountains National Park and the Blue
Ridge Parkway. The report shall specifically address the
resource implications of the land exchange described in
H.R. 1409, ‘‘The Eastern Band of Cherokee Indians Land
Exchange Act of 2002’’ as introduced in the 108th Con-
gress. The Secretary shall consult with the Eastern Band
of Cherokee Indians in preparing the report.
LAND EXCHANGE, WORLD WAR I NATIONAL MEMORIAL,
MOJAVE NATIONAL PRESERVE
SEC. 135. (a) EXCHANGE REQUIRED.—In exchange
for the private property described in subsection (b), the
Secretary of the Interior shall convey to the Veterans
Home of California-Barstow, Veterans of Foreign Wars
Post #385E (in this section referred to as the ‘‘recipi-
ent’’), all right, title, and interest of the United States
in and to a parcel of real property consisting of approxi-
mately one acre in the Mojave National Preserve and des-
ignated (by section 8137 of the Department of Defense
Appropriations Act, 2002 (Public Law 101–117; 115 Stat.
2278)) as a national memorial commemorating United
States participation in World War I and honoring the
American veterans of that war. Notwithstanding the con-
veyance of the property under this subsection, the Sec-
retary shall continue to carry out the responsibilities of
the Secretary under such section 8137.
(b) CONSIDERATION.—As consideration for the prop-
erty to be conveyed by the Secretary under subsection (a),
Mr. and Mrs. Henry Sandoz of Mountain Pass, California,
have agreed to convey to the Secretary a parcel of real
property consisting of approximately five acres, identified
as parcel APN 569–051–44, and located in the west 1⁄2
of the northeast 1⁄4 of the northwest 1⁄4 of the northwest
1⁄4 of section 11, township 14 north, range 15 east, San
Bernardino base and meridian.
(c) EQUAL VALUE EXCHANGE; APPRAISAL.—The
values of the properties to be exchanged under this section
shall be equal or equalized as provided in subsection (d).
The value of the properties shall be determined through
an appraisal performed by a qualified appraiser in con-
formance with the Uniform Appraisal Standards for Fed-
eral Land Acquisitions (Department of Justice, December
2000).
(d) CASH EQUALIZATION.—Any difference in the
value of the properties to be exchanged under this section
shall be equalized through the making of a cash equali-
zation payment. The Secretary shall deposit any cash
equalization payment received by the Secretary under this
subsection in the Land and Water Conservation Fund.
(e) REVERSIONARY CLAUSE.—The conveyance under
subsection (a) shall be subject to the condition that the
recipient maintain the conveyed property as a memorial
commemorating United States participation in World War
I and honoring the American veterans of that war. If the
Secretary determines that the conveyed property is no
longer being maintained as a war memorial, the property
shall revert to the ownership of the United States.
(f) BOUNDARY ADJUSTMENT; ADMINISTRATION OF
ACQUIRED LAND.—The boundaries of the Mojave Na-
tional Preserve shall be adjusted to reflect the land ex-
change required by this section. The property acquired by
the Secretary under this section shall become part of the
Mojave National Preserve and be administered in accord-
ance with the laws, rules, and regulations generally appli-
cable to the Mojave National Preserve.
BLUE RIDGE NATIONAL HERITAGE AREA
SEC. 136. (a) SHORT TITLE.—This section may be
cited as the ‘‘Blue Ridge National Heritage Area Act of
2003’’.
(b) FINDINGS AND PURPOSE.—
(1) FINDINGS.—Congress finds that:
(A) The Blue Ridge Mountains and the ex-
tensive cultural and natural resources of the
Blue Ridge Mountains have played a significant
role in the history of the United States and the
State of North Carolina.
(B) Archaeological evidence indicates that
the Blue Ridge Mountains have been inhabited
by humans since the last retreat of the glaciers,
with the Native Americans living in the area at
the time of European discovery being primarily
of Cherokee descent.
(C) The Blue Ridge Mountains of western
North Carolina, including the Great Smoky
Mountains, played a unique and significant role
in the establishment and development of the
culture of the United States through several
distinct legacies, including—
(i) the craft heritage that—
(I) was first influenced by the
Cherokee Indians;
(II) was the origin of the tradi-
tional craft movement starting in
1900 and the contemporary craft
movement starting in the 1940’s; and
(III) is carried out by over 4,000
craftspeople in the Blue Ridge Moun-
tains of western North Carolina, the
third largest concentration of such
people in the United States;
(ii) a musical heritage comprised of
distinctive instrumental and vocal tradi-
tions that—
(I) includes stringband music,
bluegrass, ballad singing, blues, and
sacred music;
(II) has received national rec-
ognition; and
(III) has made the region one of
the richest repositories of traditional
music and folklife in the United
States;
(iii) the Cherokee heritage—
(I) dating back thousands of
years; and
(II) offering—
(aa) nationally significant
cultural traditions practiced by
the Eastern Band of Cherokee
Indians;
(bb) 
authentic 
tradition
bearers;
(cc) historic sites; and
(dd) historically important
collections of Cherokee artifacts;
and
(iv) the agricultural heritage estab-
lished by the Cherokee Indians, including
medicinal and ceremonial food crops, com-
bined with the historic European patterns
of raising livestock, culminating in the
largest number of specialty crop farms in
North Carolina.
(D) The artifacts and structures associated
with those legacies are unusually well-preserved.
(E) The Blue Ridge Mountains are recog-
nized as having one of the richest collections of
historical resources in North America.
(F) The history and cultural heritage of
the Blue Ridge Mountains are shared with the
States of Virginia, Tennessee, and Georgia.
(G) there are significant cultural, eco-
nomic, and educational benefits in celebrating
and promoting this mutual heritage.
(H) according to the 2002 reports entitled
‘‘The Blue Ridge Heritage and Cultural Part-
nership’’ and ‘‘Western North Carolina Na-
tional Heritage Area Feasibility Study and
Plan’’, the Blue Ridge Mountains contain nu-
merous resources that are of outstanding im-
portance to the history of the United States.
(I) it is in the interest of the United States
to preserve and interpret the cultural and his-
torical resources of the Blue Ridge Mountains
for the education and benefit of present and fu-
ture generations.
(2) PURPOSE.—The purpose of this section is
to foster a close working relationship with, and to
assist, all levels of government, the private sector,
and local communities in the State in managing,
preserving, protecting, and interpreting the cultural,
historical, and natural resources of the Heritage
Area while continuing to develop economic opportu-
nities.
(c) DEFINITIONS.—
(1) In this section:
(A) HERITAGE AREA.—The term ‘‘Herit-
age Area’’ means the Blue Ridge National Her-
itage Area established by subsection (d).
(B) MANAGEMENT
ENTITY.—The term
‘‘management entity’’ means the management
entity for the Heritage Area designated by sub-
section (d)(3).
(C) 
MANAGEMENT
PLAN.—The 
term
‘‘management plan’’ means the management
plan for the Heritage Area approved under sub-
section (e).
(D) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of the Interior.
(E) STATE.—The term ‘‘State’’ means the
State of North Carolina.
(d) BLUE RIDGE NATIONAL HERITAGE AREA.—
(1) ESTABLISHMENT.—There is established the
Blue Ridge National Heritage Area in the State.
(2) BOUNDARIES.—The Heritage Area shall
consist of the counties of Alleghany, Ashe, Avery,
Buncombe, 
Burke, 
Caldwell, 
Cherokee, 
Clay,
Graham, Haywood, Henderson, Jackson, McDowell,
Macon, Madison, Mitchell, Polk, Rutherford, Surry,
Swain, Transylvania, Watauga, Wilkes, Yadkin, and
Yancey in the State.
(3) MANAGEMENT ENTITY.—
(A) IN GENERAL.—As a condition of the
receipt of funds made available under sub-
section (i), the Blue Ridge National Heritage
Area Partnership shall be the management enti-
ty for the Heritage Area.
(B) BOARD OF DIRECTORS.—
(i) COMPOSITION.—The management
entity shall be governed by a board of di-
rectors composed of nine members, of
whom—
(I) two members shall be ap-
pointed by AdvantageWest;
(II) two members shall be ap-
pointed by HandMade In America,
Inc.;
(III) one member shall be ap-
pointed by the Education Research
Consortium of Western North Caro-
lina;
(IV) one member shall be ap-
pointed by the Eastern Band of the
Cherokee Indians; and
(V) three members shall be ap-
pointed by the Governor of North
Carolina and shall—
consideration Federal, State, and local plans;
and
(B) provide for the participation of resi-
dents, public agencies, and private organiza-
tions in the Heritage Area.
(3) CONTENTS.—The management plan shall—
(A) present comprehensive recommenda-
tions and strategies for the conservation, fund-
ing, management, and development of the Her-
itage Area;
(B) identify existing and potential sources
of Federal and non-Federal funding for the
conservation, management, and development of
the Heritage Area; and
(C) include—
(i) an inventory of the cultural, histor-
ical, natural, and recreational resources of
the Heritage Area, including a list of prop-
erty that—
(I) relates to the purposes of the
Heritage Area; and
(II) should be conserved, re-
stored, managed, developed, or main-
tained because of the significance of
the property;
(ii) a program of strategies and ac-
tions for the implementation of the man-
agement plan that identifies the roles of
agencies and organizations that are in-
volved in the implementation of the man-
agement plan;
(iii) an interpretive and educational
plan for the Heritage Area;
(iv) a recommendation of policies for
resource management and protection that
develop 
intergovernmental 
cooperative
agreements to manage and protect the cul-
tural, historical, natural, and recreational
resources of the Heritage Area; and
(v) an analysis of ways in which Fed-
eral, State, and local programs may best
be coordinated to promote the purposes of
this section.
(4) EFFECT
OF
FAILURE
TO
SUBMIT.—If a
management plan is not submitted to the Secretary
by the date described in paragraph (1), the Sec-
retary shall not provide any additional funding
under this section until a management plan is sub-
mitted to the Secretary.
(5) APPROVAL OR DISAPPROVAL OF MANAGE-
MENT PLAN.—
(A) IN GENERAL.—Not later than 90 days
after receiving the management plan submitted
under paragraph (1), the Secretary shall ap-
prove or disapprove the management plan.
(B) CRITERIA.—In determining whether to
approve the management plan, the Secretary
shall consider whether the management plan—
(i) has strong local support from land-
owners, business interests, nonprofit orga-
nizations, and governments in the Heritage
Area; and
(ii) has a high potential for effective
partnership mechanisms.
(C) ACTION FOLLOWING DISAPPROVAL.—If
the Secretary disapproves a management plan
under subparagraph (A), the Secretary shall—
(i) advise the management entity in
writing of the reasons for the disapproval;
(ii) make recommendations for revi-
sions to the management plan; and
(iii) allow the management entity to
submit to the Secretary revisions to the
management plan.
(D) DEADLINE FOR APPROVAL OF REVI-
SION.—Not later than 60 days after the date on
which a revision is submitted under subpara-
graph (C)(iii), the Secretary shall approve or
disapprove the proposed revision.
(6) AMENDMENT OF APPROVED MANAGEMENT
PLAN.—
(A) IN GENERAL.—After approval by the
Secretary of a management plan, the manage-
ment entity shall periodically—
(i) review the management plan; and
(ii) submit to the Secretary, for review
and approval, the recommendation of the
management entity for any amendments to
the management plan.
(B) USE
OF
FUNDS.—No funds made
available under subsection (i) shall be used to
implement any amendment proposed by the
management entity under subparagraph (A)
until the Secretary approves the amendment.
(f) AUTHORITIES AND DUTIES OF THE MANAGE-
MENT ENTITY.—
(1) AUTHORITIES.—For the purposes of devel-
oping and implementing the management plan, the
management entity may use funds made available
under subsection (i) to—
(A) make grants to, and enter into cooper-
ative agreements with, the State (including a
political subdivision), nonprofit organizations,
or persons;
(B) hire and compensate staff; and
(C) enter into contracts for goods and
services.
(2) DUTIES.—In addition to developing the
management plan, the management entity shall—
(A) develop and implement the manage-
ment plan while considering the interests of di-
verse units of government, businesses, private
property owners, and nonprofit groups in the
Heritage Area;
(B) conduct public meetings in the Herit-
age Area at least semiannually on the develop-
ment and implementation of the management
plan;
(C) give priority to the implementation of
actions, goals, and strategies in the manage-
ment plan, including providing assistance to
units of government, nonprofit organizations,
and persons in—
(i) carrying out the programs that
protect resources in the Heritage Area;
(ii) encouraging economic viability in
the Heritage Area in accordance with the
goals of the management plan;
(iii) establishing and maintaining in-
terpretive exhibits in the Heritage Area;
(iv) developing recreational and edu-
cational opportunities in the Heritage
Area; and
(v) increasing public awareness of and
appreciation for the cultural, historical,
and natural resources of the Heritage
Area; and
(D) for any fiscal year for which Federal
funds are received under subsection (i)—
(i) submit to the Secretary a report
that describes, for the fiscal year—
(I) the accomplishments of the
management entity;
(II) the expenses and income of
the management entity; and
(III) each entity to which a grant
was made;
(ii) make available for audit by Con-
gress, the Secretary, and appropriate units
of government, all records relating to the
expenditure of funds and any matching
funds; and
(iii) require, for all agreements au-
thorizing expenditure of Federal funds by
any entity, that the receiving entity make
available for audit all records relating to
the expenditure of funds.
(3) PROHIBITION
ON
THE
ACQUISITION
OF
REAL PROPERTY.—The management entity shall not
use Federal funds received under subsection (i) to
acquire real property or an interest in real property.
(g) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—The Secretary may provide
to the management entity technical assistance and,
subject to the availability of appropriations, financial
assistance, for use in developing and implementing
the management plan.
(2) PRIORITY FOR ASSISTANCE.—In providing
assistance under subsection (a), the Secretary shall
give priority to actions that facilitate—
(A) the preservation of the significant cul-
tural, historical, natural, and recreational re-
sources of the Heritage Area; and
(B) the provision of educational, interpre-
tive, and recreational opportunities that are
consistent with the resources of the Heritage
Area.
(h) LAND USE REGULATION.—
(1) IN GENERAL.—Nothing in this section—
(A) grants any power of zoning or land use
to the management entity; or
(B) modifies, enlarges, or diminishes any
authority of the Federal Government or any
State or local government to regulate any use
of land under any law (including regulations).
(2) PRIVATE
PROPERTY.—Nothing in this
section—
(A) abridges the rights of any person with
respect to private property;
(B) affects the authority of the State or
local government with respect to private prop-
erty; or
(C) imposes any additional burden on any
property owner.
(i) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be
appropriated to carry out this section $10,000,000,
of which not more than $1,000,000 shall be made
available for any fiscal year.
(2) NON-FEDERAL
SHARE.—The non-Federal
share of the cost of any activities carried out using
Federal funds made available under subsection (a)
shall be not less than 50 percent.
(j) TERMINATION OF AUTHORITY.—The authority of
the Secretary to provide assistance under this section ter-
minates on the date that is 15 years after the date of en-
actment of this section.
SEC. 137. None of the funds in this or any other Act
may be used by the Department of the Interior to support
the Klamath Fishery Management Council.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland re-
search as authorized by law, $267,230,000, to remain
available until expended: Provided, That of the funds pro-
vided, $49,428,000 is for the forest inventory and analysis
program.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and pro-
viding technical and financial assistance to States, terri-
tories, possessions, and others, and for forest health man-
agement, including treatments of pests, pathogens, and
invasive or noxious plants and for restoring and rehabili-
tating forests damaged by pests or invasive plants, cooper-
ative forestry, and education and land conservation activi-
ties and conducting an international program as author-
ized, $290,758,000, to remain available until expended, as
authorized by law: Provided, That none of the funds pro-
vided under this heading for the acquisition of lands or
interests in lands shall be available until the Forest Serv-
ice notifies the House Committee on Appropriations and
the Senate Committee on Appropriations, in writing, of
specific contractual and grant details including the non-
Federal cost share of each project, related to the acquisi-
tion of lands or interests in lands to be undertaken with
such funds: Provided further, That each forest legacy
grant shall be for a specific project or set of specific tasks:
Provided further, That grants for acquisition of lands or
conservation easements shall require that the State dem-
onstrates that 25 percent of the total value of the project
is comprised of a non-Federal cost share.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not
otherwise provided for, for management, protection, im-
provement, and utilization of the National Forest System,
$1,400,792,000 (reduced by $6,000,000), 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 accordance with section 4 of the Act
(16 U.S.C. 460l–6a(i)): Provided, That unobligated
balances available at the start of fiscal year 2004 shall
be displayed by budget line item in the fiscal year 2005
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 adop-
tion of excess wild horses and burros from National Forest
System lands and for the performance of cadastral surveys
to designate the boundaries of such lands.
For an additional amount to reimburse the Judgment
Fund as required by 41 U.S.C. 612(c) for judgment liabil-
ities previously incurred, $188,405,000.
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 fuels re-
duction on or adjacent to such lands, and for emergency
rehabilitation of burned-over National Forest System
lands and water, $1,624,632,000, to remain available until
expended: Provided, That such funds including unobli-
gated balances under this head, are available for repay-
ment of advances from other appropriations accounts pre-
viously transferred for such purposes: Provided further,
That not less than 50 percent of any unobligated balances
remaining (exclusive of amounts for hazardous fuels re-
duction) at the end of fiscal year 2003 shall be trans-
ferred, 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 fur-
ther, That notwithstanding any other provision of law,
$8,000,000 of funds appropriated under this appropria-
tion 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 appropria-
tion, are also available in the utilization of funds for Fire
Science Research: Provided further, That funds provided
shall be available for emergency rehabilitation and restora-
tion, hazardous fuels reduction activities in the urban-
wildland interface, support to Federal emergency re-
sponse, and wildfire suppression activities of the Forest
Service: Provided further, That of the funds provided,
$246,392,000 is for hazardous fuels reduction activities,
$40,000,000 is for rehabilitation and restoration,
$22,000,000 is for research activities and to make com-
petitive research grants pursuant to the Forest and
Rangeland Renewable Resources Research Act, as amend-
ed (16 U.S.C. 1641 et seq.), $51,000,000 is for State fire
assistance, $8,240,000 is for volunteer fire assistance,
$25,000,000 is for forest health activities on State, pri-
vate, and Federal lands, and $6,000,000 is for economic
action programs: Provided further, That amounts in this
paragraph may be transferred to the ‘‘State and Private
Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and
Rangeland Research’’ accounts to fund State fire assist-
ance, volunteer fire assistance, forest health management,
economic action programs, forest and rangeland research,
vegetation and watershed management, heritage site reha-
bilitation, and wildlife and fish habitat management 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 Commit-
tees on Appropriations in compliance with reprogramming
procedures contained in the House report accompanying
this Act: Provided further, That the costs of implementing
any cooperative agreement between the Federal Govern-
ment and any non-Federal entity may be shared, as mutu-
ally agreed on by the affected parties: Provided further,
That in addition to funds provided for State Fire Assist-
ance programs, and subject to all authorities available to
the Forest Service under the State and Private Forestry
Appropriations, up to $15,000,000 may be used on adja-
cent non-Federal lands for the purpose of protecting com-
munities when hazard reduction activities are planned on
national forest lands that have the potential to place such
communities at risk: Provided further, That included in
funding for hazardous fuel reduction is $5,000,000 for im-
plementing 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 accord-
ance with authorities available to the Forest Service under
the State and Private Forestry Appropriation: Provided
further, That in using the funds provided in this Act for
hazardous fuels reduction activities, the Secretary of Agri-
culture may conduct fuel reduction treatments on Federal
lands using all contracting and hiring authorities available
to the Secretary applicable to hazardous fuel reduction ac-
tivities under the wildland fire management accounts: Pro-
vided further, That notwithstanding Federal Government
procurement and contracting laws, the Secretaries may
conduct fuel reduction treatments, rehabilitation and res-
toration, and other activities authorized under this head-
ing on and adjacent to Federal lands using grants and
cooperative agreements: Provided further, That notwith-
standing Federal Government procurement and con-
tracting laws, in order to provide employment and training
opportunities to people in rural communities, the Secre-
taries may award contracts, including contracts for moni-
toring activities, to local private, non-profit, or cooperative
entities; Youth Conservation Corps crews or related part-
nerships, with State, local and non-profit youth groups;
small or micro-businesses; or other entities that will hire
or train a significant percentage of local people to com-
plete such contracts: Provided further, That the authorities
described above relating to contracts, grants, and coopera-
tive agreements are available until all funds provided in
this title for hazardous fuels reduction activities in the
urban wildland interface are obligated: Provided further,
That the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appro-
priated for wildland fire management, in an aggregate
amount not to exceed $12,000,000, between the Depart-
ments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and
projects.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not
otherwise provided for, $560,473,000, to remain available
until expended for construction, reconstruction, mainte-
nance and acquisition of buildings and other facilities, and
for construction, reconstruction, repair, decommissioning,
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: Provided, That up to $15,000,000
of the funds provided herein for road maintenance shall
be available for the decommissioning of roads, including
unauthorized roads not part of the transportation system,
which are no longer needed: Provided further, That no
funds shall be expended to decommission any system road
until notice and an opportunity for public comment has
been provided on each decommissioning project.
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 ad-
ministrative expenses, and for acquisition of land or wa-
ters, or interest therein, in accordance with statutory au-
thority applicable to the Forest Service, $29,288,000, to
be derived from the Land and Water Conservation Fund
and to remain available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior bound-
aries of the Cache, Uinta, and Wasatch National Forests,
Utah; the Toiyabe National Forest, Nevada; and the An-
geles, San Bernardino, Sequoia, and Cleveland National
Forests, California, 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 gov-
ernments, public school districts, or other public school au-
thorities, and for authorized expenditures from funds de-
posited by non-federal parties pursuant to Land Sale and
Exchange Acts, 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, pro-
tection, and improvement, 50 percent of all moneys re-
ceived during the prior fiscal year, as fees for grazing do-
mestic 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 ex-
pended, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground
range rehabilitation, 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 man-
age federal lands in Alaska for subsistence uses under title
VIII of the Alaska National Interest Lands Conservation
Act (Public Law 96–487), $5,535,000, 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
exceed 124 passenger motor vehicles of which 21 will be
used primarily for law enforcement purposes and of which
124 shall be for replacement; acquisition of 25 passenger
motor vehicles from excess sources, and hire of such vehi-
cles; operation and maintenance of aircraft, the purchase
of not to exceed seven for replacement only, and acquisi-
tion of sufficient 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;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or
trade-in value used to offset the purchase price for the
replacement aircraft; (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 pur-
suant 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 col-
lection 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
administration of the Forest Service, Department of Agri-
culture without the consent of the House and Senate Com-
mittees 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 re-
habilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions if and only if all previously appro-
priated emergency contingent funds under the heading
‘‘Wildland Fire Management’’ have been released by the
President and apportioned and all funds under the head-
ing ‘‘Wildland Fire Management’’ are obligated.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Serv-
ice in connection with forest and rangeland research, tech-
nical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its terri-
tories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States
and international organizations.
None of the funds made available to the Forest Serv-
ice under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agri-
culture Organic 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 con-
tained in the House report accompanying this Act.
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-
cordance with the procedures contained in the House re-
port accompanying this Act.
No funds available to the Forest Service shall be
transferred to the Working Capital Fund of the Depart-
ment of Agriculture that exceed the total amount trans-
ferred during fiscal year 2000 for such purposes without
the advance approval of the House and Senate Committees
on Appropriations.
Funds available to the Forest Service shall be avail-
able to conduct a program of not less than $2,000,000
for high priority projects within the scope of the approved
budget which shall be carried out by the Youth Conserva-
tion Corps.
Of the funds available to the Forest Service, $2,500
is available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public
Law 101–593, of the funds available to the Forest Service,
$3,000,000 may be advanced in a lump sum to the Na-
tional Forest Foundation to aid conservation partnership
projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for ad-
ministrative expenses or projects on or benefitting Na-
tional Forest System lands or related to Forest Service
programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall
be available for administrative expenses: Provided further,
That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to
match on at least one-for-one basis funds made available
by the Forest Service: Provided further, That the Founda-
tion may transfer Federal funds to a non-Federal recipient
for a project at the same rate that the recipient has ob-
tained the non-Federal matching funds: Provided further,
That authorized investments of Federal funds held by the
Foundation may be made only in interest-bearing obliga-
tions 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,
$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 to aid
conservation partnership projects in support of the Forest
Service mission, 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,
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 devel-
opment purposes.
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.
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Agriculture shall submit
to Congress, and make available to interested persons, a
report containing the results of a management review of
outfitter and guiding operations in the John Muir, Ansel
Adams, and Dinkey Lakes Wilderness Areas of the Inyo
and Sierra National Forests, California. The report shall
include information regarding: (1) how the Secretary in-
tends to minimize adverse impacts on the historic access
100
rights of special use permittees in these three wilderness
areas; and (2) how the Secretary intends to ensure timely
compliance with the requirements of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
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 Agri-
culture, for travel and related expenses incurred as a re-
sult of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management
reviews, land purchase negotiations and similar non-litiga-
tion related matters. 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.
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 $1,000,000.
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
101
by the Forest Service and available to the Secretary with-
out further appropriation and until expended for mainte-
nance and rehabilitation activities on the Green Mountain
National Forest.
The Secretary of Agriculture may transfer or reim-
burse funds available to the Forest Service, not to exceed
$15,000,000, to the Secretary of the Interior or the Sec-
retary of Commerce to expedite conferencing and consulta-
tions as required under section 7 of the Endangered Spe-
cies Act, 16 U.S.C. 1536. The amount of the transfer or
reimbursement shall be as mutually agreed by the Sec-
retary of Agriculture 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
consultation and conferencing.
Beginning on June 30, 2001 and concluding on De-
cember 31, 2004, an eligible individual who is employed
in any project funded under Title V of the Older American
Act of 1965 (42 U.S.C. 3056 et seq.) and administered
by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United
States Code.
102
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL)
Of the funds made available under this heading for
obligation in prior years, $86,000,000 shall not be avail-
able until October 1, 2004: Provided, That funds made
available in previous appropriations Acts shall be available
for any ongoing project regardless of the separate request
for proposal under which the project was selected.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
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, includ-
ing defeasible and equitable interests in any real property
or any facility or for plant or facility acquisition or expan-
sion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing,
use, and disposal of mineral substances without objection-
able social and environmental costs (30 U.S.C. 3, 1602,
and 1603), $609,290,000 to remain available until ex-
pended, of which $2,000,000 is to continue a multi-year
project for construction, renovation, furnishing, and demo-
lition or removal of buildings at National Energy Tech-
nology Laboratory facilities in Morgantown, West Virginia
103
and Pittsburgh, Pennsylvania; and of which $130,000,000
are to be made available, after coordination with the pri-
vate sector, for a request for proposals for a Clean Coal
Power Initiative providing for competitively-awarded re-
search, development, and demonstration projects to reduce
the barriers to continued and expanded coal use: Provided,
That no project may be selected for which sufficient fund-
ing is not available to provide for the total project: 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 42 U.S.C.
5903d: Provided further, That the Department may in-
clude provisions for repayment of Government contribu-
tions to individual projects in an amount up to the Govern-
ment contribution to the project on terms and conditions
that are acceptable to the Department including repay-
ments from sale and licensing of technologies from both
domestic and foreign transactions: Provided further, That
such repayments shall be retained by the Department for
future coal-related research, development and demonstra-
tion projects: Provided further, That any technology se-
lected 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,
104
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 ex-
plosives in the recovery of oil and gas: Provided further,
That up to 4 percent of program direction funds available
to the National Energy Technology Laboratory may be
used to support Department of Energy activities not in-
cluded in this account.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out naval petroleum
and oil shale reserve activities, $20,500,000, 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.
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,
2004 for payment to the State of California for the State
Teachers’ Retirement Fund from the Elk Hills School
Lands Fund.
105
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation 
activities, 
$879,487,000 
(increased 
by
$15,000,000, reduced by $15,000,000), to remain avail-
able until expended: Provided, That $270,000,000 (in-
creased by $15,000,000) shall be for use in energy con-
servation 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 pro-
grams 
as 
follows: 
$225,000,000 
(increased 
by
$15,000,000) for weatherization assistance grants and
$45,000,000 for State energy program grants.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Office of Hearings and Appeals, $1,047,000, to re-
main available until expended.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program
management activities pursuant to the Energy Policy and
Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), $175,081,000, to remain available until expended.
106
NORTHEAST HOME HEATING OIL RESERVE
For necessary expenses for Northeast Home Heating
Oil Reserve storage, operations, and management activi-
ties pursuant to the Energy Policy and Conservation Act
of 2000, $5,000,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $82,111,000,
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
finance authorized price support or loan guarantee pro-
grams unless specific provision is made for such programs
in an appropriations Act.
107
The Secretary is authorized to accept lands, build-
ings, 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 Secretary 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: Pro-
vided further, That the remainder of revenues after the
making of such payments shall be covered into the Treas-
ury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by
the Secretary pursuant to this authority shall not be exe-
cuted prior to the expiration of 30 calendar days (not in-
cluding any day in which either House of Congress is not
in session because of adjournment of more than 3 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 report on such project, in-
cluding the facts and circumstances relied upon in support
of the proposed project.
108
No funds provided in this Act may be expended by
the Department of Energy to prepare, issue, or process
procurement documents for programs or projects for
which appropriations have not been made.
In addition to other authorities set forth in this Act,
the Secretary may accept fees and contributions from pub-
lic and private sources, to be deposited in a contributed
funds account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State or
private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with re-
spect to the Indian Health Service, $2,556,082,000, to-
gether with payments received during the fiscal year pur-
suant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made avail-
able to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Edu-
109
cation 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: Pro-
vided further, That $18,000,000 shall remain available
until expended, for the Indian Catastrophic Health Emer-
gency Fund: Provided further, That $460,046,000 for con-
tract medical care shall remain available for obligation
until September 30, 2005: Provided further, That of the
funds provided, up to $27,000,000 to remain available
until expended, shall be used to carry out the loan repay-
ment program under section 108 of the Indian Health
Care Improvement Act: Provided further, That funds pro-
vided in this Act may be used for 1-year contracts and
grants which are to be performed in 2 fiscal years, so long
as the total obligation is recorded in the year for which
the funds are appropriated: Provided further, That the
amounts collected by the Secretary of Health and Human
Services under the authority 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 requirements of titles XVIII and
XIX of the Social Security Act (exclusive of planning, de-
sign, or construction of new facilities): Provided further,
That funding contained herein, and in any earlier appro-
110
priations Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall re-
main available until expended: Provided further, That
amounts received 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 receiv-
ing tribes and tribal organizations until expended: Pro-
vided further, That, notwithstanding any other provision
of law, of the amounts provided herein, not to exceed
$270,734,000 shall be for payments to tribes and tribal
organizations for contract or grant support costs associ-
ated with contracts, grants, self-governance compacts or
annual funding agreements between the Indian Health
Service and a tribe or tribal organization pursuant to the
Indian Self-Determination Act of 1975, as amended, prior
to or during fiscal year 2004, of which not to exceed
$2,500,000 may be used for contract support costs associ-
ated with new or expanded self-determination 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
needed, to carry out activities typically funded under the
Indian Health Facilities account.
111
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trail-
ers; and for provision of domestic and community sanita-
tion facilities for Indians, as authorized by section 7 of
the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care Im-
provement Act, and for expenses necessary to carry out
such Acts and titles II and III of the Public Health Serv-
ice Act with respect to environmental health and facilities
support 
activities 
of 
the 
Indian 
Health 
Service,
$392,560,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
funds appropriated for the planning, design, construction
or renovation of health facilities for the benefit of an In-
dian tribe or tribes may be used to purchase land for sites
to construct, improve, or enlarge health or related facili-
ties: 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 complete a priority project
for the acquisition of land, planning, design and construc-
112
tion of 79 staff quarters in the Bethel service area, pursu-
ant to the negotiated project agreement between the
YKHC and the Indian Health Service: Provided further,
That this project shall not be subject to the construction
provisions of the Indian Self-Determination and Edu-
cation Assistance Act and shall be removed from the In-
dian Health Service priority list upon completion: Provided
further, That the Federal Government shall not be liable
for any property damages or other construction claims
that may arise from YKHC undertaking this project: Pro-
vided 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 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 none of the funds appro-
priated to the Indian Health Service may be used for sani-
tation facilities construction for new homes funded with
grants by the housing programs of the United States De-
partment of Housing and Urban Development: 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
113
Service and the General 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.
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 equiva-
lent 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
buildings and renovation of existing facilities; payments
for telephone service in private residences in the field,
when authorized under regulations approved by the Sec-
retary; and for uniforms or allowances therefor as author-
ized by 5 U.S.C. 5901–5902; and for expenses of attend-
ance at meetings which are concerned with the functions
or activities for which the appropriation is made or which
will contribute to improved conduct, supervision, or man-
agement of those functions or activities.
In accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or In-
114
dian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651–2653) shall
be credited to the account of the facility providing the
service and shall be available without fiscal year limitation.
Notwithstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Devel-
opment to the Indian Health Service shall be administered
under Public Law 86–121 (the Indian Sanitation Facili-
ties Act) and Public Law 93–638, as amended.
Funds appropriated to the Indian Health Service in
this Act, except those used for administrative and program
direction purposes, shall not be subject to limitations di-
rected at curtailing Federal travel and transportation.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal or-
ganization through a contract, grant, or agreement au-
thorized by title I or title III of the Indian Self-Determina-
tion and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-deter-
mination contract under title I, or a self-governance agree-
ment under title III of such Act and thereafter shall re-
main available to the tribe or tribal organization without
fiscal year limitation.
115
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 Serv-
ices, relating to the eligibility for the health care services
of the Indian Health Service until the Indian Health Serv-
ice has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such re-
quest has been included in an appropriations Act and en-
acted into law.
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, including pay-
ment in advance with subsequent adjustment. The reim-
bursements received therefrom, along with the funds re-
ceived from those entities pursuant to the Indian Self-De-
termination Act, may be credited to the same or subse-
quent appropriation account which provided the funding.
Such amounts shall remain available until expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or tech-
nical assistance.
116
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, $13,532,000, to remain available until expended:
Provided, That funds provided in this or any other appro-
priations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-parti-
tioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not in-
cluded 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 Reloca-
tion 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 re-
placement home is provided for such household: Provided
further, That no relocatee will be provided with more than
one new or replacement home: Provided further, That the
Office shall relocate any certified eligible relocatees who
have selected and received an approved homesite on the
117
Navajo reservation or selected a replacement residence off
the Navajo reservation 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 author-
ized by title XV of Public Law 99–498, as amended (20
U.S.C. 56 part A), $5,250,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institu-
tion, as authorized by law, including research in the fields
of art, science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publica-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease
(for terms not to exceed 30 years), and protection of build-
ings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; up to five
replacement passenger vehicles; purchase, rental, repair,
and cleaning of uniforms for employees, $489,748,000, of
118
which not to exceed $46,903,000 for the instrumentation
program, collections acquisition, exhibition reinstallation,
the National Museum of the American Indian, and the re-
patriation of skeletal remains program shall remain avail-
able until expended; and of which $828,000 for fellowships
and scholarly awards shall remain available until Sep-
tember 30, 2005; 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
herein are available for advance payments to independent
contractors performing research services or participating
in official Smithsonian presentations: Provided further,
That the Smithsonian Institution may expend Federal ap-
propriations designated in this Act for lease or rent pay-
ments 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 Co-
lumbia: Provided further, That this use of Federal appro-
priations shall not be construed as debt service, a Federal
guarantee of, a transfer of risk to, or an obligation of,
the Federal Government: Provided further, That no appro-
priated funds may be used to service debt which is in-
119
curred to finance the costs of acquiring the 900 H Street
building or of planning, designing, and constructing im-
provements to such building.
FACILITIES CAPITAL
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithso-
nian Institution, by contract or otherwise, as authorized
by section 2 of the Act of August 22, 1949 (63 Stat. 623),
and for construction, including necessary personnel,
$93,970,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5
U.S.C. 3109: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and repair or res-
toration of facilities of the Smithsonian Institution may
be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price: Pro-
vided further, That balances from amounts previously ap-
propriated under the headings ‘‘Repair, Restoration and
Alteration of Facilities’’ and ‘‘Construction’’ shall be
transferred to and merged with this appropriation and
shall remain until expended.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN
INSTITUTION
None of the funds in this or any other Act may be
used to make any changes to the existing Smithsonian
120
science programs including closure of facilities, relocation
of staff or redirection of functions and programs without
approval from the Board of Regents of recommendations
received from the Science Commission.
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.
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 available to the Smithsonian may
be reprogrammed without the advance written approval of
the House and Senate Committees on Appropriations in
accordance with the procedures contained in the House
report accompanying this Act.
The Secretary of the Smithsonian Institution may es-
tablish a voluntary separation incentive program substan-
tially similar to the program established under section
1313(a) of the ‘‘Homeland Security Act of 2002’’ (Public
Law 107–296, 116 Stat. 2135) for individuals serving in
civil service positions in the Smithsonian Institution.
121
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gal-
lery 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 Resolution 9, Seventy-sixth Congress), including
services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized 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; purchase, repair, and cleaning of uniforms
for guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901–5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alter-
ation, improvement, and repair 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 advertising, with individuals,
firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem prop-
er, $88,849,000, of which not to exceed $3,026,000 for
122
the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $11,600,000, to remain available
until expended: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art
may 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, mainte-
nance and security of the John F. Kennedy Center for
the Performing Arts, $16,560,000.
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,
$16,000,000, to remain available until expended.
123
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, $8,604,000.
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965,
as amended, $117,480,000 (increased by $10,000,000),
shall be available to the National Endowment for the Arts
for the support of projects and productions in the arts
through assistance to organizations and individuals pursu-
ant to sections 5(c) and 5(g) of the Act, including
$17,000,000 (increased by $10,000,000) for support of
arts education and public outreach activities through the
Challenge America program, for program support, and for
administering the functions of the Act, to remain available
until expended: Provided, That funds previously appro-
priated to the National Endowment for the Arts ‘‘Match-
124
ing Grants’’ account and ‘‘Challenge America’’ account
may be transferred to and merged with this account.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965,
as amended, $120,878,000 (increased by $5,000,000),
shall be available to the National Endowment for the Hu-
manities for support of activities in the humanities, pursu-
ant 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, $16,122,000, to remain available
until expended, of which $10,436,000 shall be available
to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropria-
tion 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 pro-
visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during
the current and preceding fiscal years for which equal
amounts have not previously been appropriated.
125
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used
to process any grant or contract documents which do not
include 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 re-
ception and representation expenses: Provided further,
That funds from nonappropriated sources may be used as
necessary for official reception and representation ex-
penses: Provided further, That the Chairperson of the Na-
tional Endowment for the Arts may approve grants up to
$10,000, if in the aggregate this amount does not exceed
5 percent of the sums appropriated for grant making pur-
poses per year: Provided further, That such small grant
actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Coun-
cil on the Arts to the Chairperson.
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), $1,422,000:
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 col-
126
lection, to remain available until expended without further
appropriation.
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.
ADMINISTRATIVE PROVISION
None of the funds appropriated in this or any other
Act, except funds appropriated to the Office of Manage-
ment and Budget, shall be available to study the alteration
or transfer of the National Capital Arts and Cultural Af-
fairs program.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on
Historic Preservation (Public Law 89–665, as amended),
$4,100,000: Provided, That none of these funds shall be
available for compensation of level V of the Executive
Schedule or higher positions.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the Na-
tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),
including services as authorized by 5 U.S.C. 3109,
$7,730,000: Provided, That for fiscal year 2004 and there-
after, all appointed members of the Commission will be
127
compensated at a rate not to exceed the daily equivalent
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), $39,997,000, of which $1,900,000 for the muse-
um’s repair and rehabilitation program and $1,264,000
for the museum’s exhibitions program shall remain avail-
able until expended.
PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Om-
nibus Parks and Public Lands Management Act of 1996,
$20,700,000 shall be available to the Presidio Trust, to
remain available until expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
128
where otherwise provided under existing law, or under ex-
isting Executive Order issued pursuant to existing law.
SEC. 302. No part of any appropriation contained in
this Act shall be available for any activity or the publica-
tion or distribution of literature that in any way tends to
promote public support or opposition to any legislative
proposal on which congressional action is not complete.
SEC. 303. 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. 304. None of the funds provided in this Act to
any department or agency shall be obligated or expended
to provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department
or agency except as otherwise provided by law.
SEC. 305. No assessments, charges, or billings may
be levied against any program, budget activity, subactivity,
or project funded by this Act unless advance notice of such
assessments, charges, or billings and the basis therefor are
presented to the House and Senate Committees on Appro-
priations and are approved by such Committees.
SEC. 306. None of the funds in this Act may be used
to plan, prepare, or offer for sale timber from trees classi-
fied as giant sequoia (Sequoiadendron giganteum) which
are located on National Forest System or Bureau of Land
129
Management lands in a manner different than such sales
were conducted in fiscal year 2002.
SEC. 307. (a) LIMITATION OF FUNDS.—None of the
funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended to accept or
process applications for a patent for any mining or mill
site claim located under the general mining laws.
(b) EXCEPTIONS.—The provisions of subsection (a)
shall not apply if the Secretary of the Interior determines
that, for the claim concerned: (1) a patent application was
filed with the Secretary on or before September 30, 1994;
and (2) all requirements established under sections 2325
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331,
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and
37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that
date.
(c) REPORT.—On September 30, 2004, the Secretary
of the Interior shall file with the House and Senate Com-
mittees on Appropriations and the Committee on Re-
sources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate
a report on actions taken by the Department under the
130
plan submitted pursuant to section 314(c) of the Depart-
ment of the Interior and Related Agencies Appropriations
Act, 1997 (Public Law 104–208).
(d) MINERAL EXAMINATIONS.—In order to process
patent applications in a timely and responsible manner,
upon the request of a patent applicant, the Secretary of
the Interior shall allow the applicant to fund a qualified
third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent appli-
cation as set forth in subsection (b). The Bureau of Land
Management shall have the sole responsibility to choose
and pay the third-party contractor in accordance with the
standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
SEC. 308. Notwithstanding any other provision of
law, amounts appropriated to or earmarked in committee
reports for the Bureau of Indian Affairs and the Indian
Health Service by Public Laws 103–138, 103–332, 104–
134, 104–208, 105–83, 105–277, 106–113, 106–291,
107–63, and 108–7 for payments to tribes and tribal orga-
nizations for contract support costs associated with self-
determination or self-governance contracts, grants, com-
pacts, or annual funding agreements with the Bureau of
Indian Affairs or the Indian Health Service as funded by
131
such Acts, are the total amounts available for fiscal years
1994 through 2003 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 com-
pacts or annual funding agreements.
SEC. 309. Of the funds provided to the National En-
dowment for the Arts—
(1) The Chairperson shall only award a grant
to an individual if such grant is awarded to such in-
dividual for a literature fellowship, National Herit-
age Fellowship, or American Jazz Masters Fellow-
ship.
(2) The Chairperson shall establish procedures
to ensure that no funding provided through a grant,
except a grant made to a State or local arts agency,
or regional group, may be used to make a grant to
any other organization or individual to conduct ac-
tivity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support
to a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
132
SEC. 310. The National Endowment for the Arts and
the National Endowment for the Humanities are author-
ized to solicit, accept, receive, and invest in the name of
the United States, gifts, bequests, or devises of money and
other property or services and to use such in furtherance
of the functions of the National Endowment for the Arts
and the National Endowment for the Humanities. Any
proceeds from such gifts, bequests, or devises, after ac-
ceptance by the National Endowment for the Arts or the
National Endowment for the Humanities, shall be paid by
the donor or the representative of the donor to the Chair-
man. The Chairman shall enter the proceeds in a special
interest-bearing account to the credit of the appropriate
endowment for the purposes specified in each case.
SEC. 311. (a) In providing services or awarding fi-
nancial assistance under the National Foundation on the
Arts and the Humanities Act of 1965 from funds appro-
priated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for
projects, productions, workshops, or programs that serve
underserved populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means
a population of individuals, including urban minori-
133
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.
(c) In providing services and awarding financial as-
sistance under the National Foundation on the Arts and
Humanities Act of 1965 with funds appropriated by this
Act, the Chairperson of the National Endowment for the
Arts shall ensure that priority is given to providing serv-
ices or awarding financial assistance for projects, produc-
tions, workshops, or programs that will encourage public
knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Hu-
manities Act of 1965—
(1) the Chairperson shall establish a grant cat-
egory for projects, productions, workshops, or pro-
134
grams that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants ex-
ceeding 15 percent, in the aggregate, of such funds
to any single State, excluding grants made under the
authority of paragraph (1);
(3) the Chairperson shall report to the Con-
gress annually and by State, on grants awarded by
the Chairperson in each grant category under sec-
tion 5 of such Act; and
(4) the Chairperson shall encourage the use of
grants to improve and support community-based
music performance and education.
SEC. 312. No part of any appropriation contained in
this Act shall be expended or obligated to complete and
issue the 5-year program under the Forest and Rangeland
Renewable Resources Planning Act.
SEC. 313. 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. 314. Notwithstanding any other provision of
law, none of the funds in this Act may be used for GSA
Telecommunication Centers.
135
SEC. 315. Notwithstanding any other provision of
law, for fiscal year 2004 the Secretaries of Agriculture and
the Interior are authorized to limit competition for water-
shed restoration project contracts as part of the ‘‘Jobs in
the Woods’’ Program established in Region 10 of the For-
est Service to individuals and entities in historically tim-
ber-dependent areas in the States of Washington, Oregon,
northern California, Idaho, Montana, and Alaska that
have been affected by reduced timber harvesting on Fed-
eral lands. The Secretaries shall consider the benefits to
the local economy in evaluating bids and designing pro-
curements which create economic opportunities for local
contractors.
SEC. 316. Amounts deposited during fiscal year 2003
in the roads and trails fund provided for in the 14th para-
graph 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 For-
est System lands or to carry out and administer projects
to improve forest health conditions, which may include the
repair or reconstruction of roads, bridges, and trails on
National Forest System lands in the wildland-community
interface where there is an abnormally high risk of fire.
136
The projects shall emphasize reducing risks to human
safety and public health and property and enhancing eco-
logical functions, long-term forest productivity, and bio-
logical integrity. The projects may be completed in a sub-
sequent fiscal year. Funds shall not be expended under
this section to replace funds which would otherwise appro-
priately be expended from the timber salvage sale fund.
Nothing in this section shall be construed to exempt any
project from any environmental law.
SEC. 317. 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. 318. No timber sale in Region 10 shall be adver-
tised if the indicated rate is deficit when appraised using
a residual value approach that assigns domestic Alaska
values for western redcedar. Program accomplishments
shall be based on volume sold. Should Region 10 sell, in
fiscal year 2004, the annual average portion of the decadal
allowable sale quantity called for in the current Tongass
Land Management Plan in sales which are not deficit
when appraised using a residual value approach that as-
signs domestic Alaska values for western redcedar, all of
137
the western redcedar timber from those sales which is sur-
plus to the needs of domestic processors in Alaska, shall
be made available to domestic processors in the contiguous
48 United States at prevailing domestic prices. Should Re-
gion 10 sell, in fiscal year 2003, less than the annual aver-
age portion of the decadal allowable sale quantity called
for in the Tongass Land Management Plan in sales which
are not deficit when appraised using a residual value ap-
proach that assigns domestic Alaska values for western
redcedar, the volume of western redcedar timber available
to domestic processors at prevailing domestic prices in the
contiguous 48 United States shall be that volume: (i)
which is surplus to the needs of domestic processors in
Alaska, and (ii) is that percent of the surplus western
redcedar volume determined by calculating 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 Manage-
ment 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 redcedar is eligible for
sale to various markets shall be made at the time each
sale is awarded). Western redcedar shall be deemed ‘‘sur-
plus to the needs of domestic processors in Alaska’’ when
138
the timber sale holder has presented to the Forest Service
documentation of the inability to sell western redcedar logs
from a given sale to domestic Alaska processors at a price
equal to or greater than the log selling value stated in
the contract. All additional western redcedar volume not
sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the elec-
tion of the timber sale holder. All Alaska yellow cedar may
be sold at prevailing export prices at the election of the
timber sale holder.
SEC. 319. 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
Federal lands. Prior to initiating any project, the
Secretary shall consult with potentially affected
holders to determine what impacts the project may
have on the holders. Any modifications to the au-
thorization shall be made within the terms and con-
ditions of the authorization and authorities of the
impacted agency;
139
(2) the return of a commercial recreation serv-
ice to the Secretary for operation when such services
have been provided in the past by a private sector
provider, except when—
(A) the private sector provider fails to
bid on such opportunities;
(B) the private sector provider termi-
nates 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
Demonstration Program to provide for operations until a
subsequent operator can be found through the offering of
a new prospectus.
SEC. 320. Prior to October 1, 2004, the Secretary
of Agriculture shall not be considered to be in violation
of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)(A)) solely because more than 15 years have
passed without revision of the plan for a unit of the Na-
tional Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C.
1600 et seq.) or any other law: Provided, That if the Sec-
140
retary is not acting expeditiously and in good faith, within
the funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with re-
spect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
SEC. 321. No funds provided in this Act may be ex-
pended to conduct preleasing, leasing and related activities
under either the Mineral Leasing Act (30 U.S.C. 181 et
seq.) or the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.) within the boundaries of a National Monu-
ment established pursuant to the Act of June 8, 1906 (16
U.S.C. 431 et seq.) as such boundary existed on January
20, 2001, except where such activities are allowed under
the Presidential proclamation establishing such monu-
ment.
SEC. 322. EXTENSION OF FOREST SERVICE CONVEY-
ANCES PILOT PROGRAM.—Section 329 of the Department
of the Interior and Related Agencies Appropriations Act,
2002 (16 U.S.C. 580d note; Public Law 107–63) is
amended—
(1) in subsection (b), by striking ‘‘20’’ and in-
serting ‘‘30’’;
(2) in subsection (c) by striking ‘‘3’’ and insert-
ing ‘‘8’’; and
141
(3) in subsection (d), by striking ‘‘2006’’ and
inserting ‘‘2007’’.
SEC. 323. Employees of the foundations established
by Acts of Congress to solicit private sector funds on be-
half of Federal land management agencies shall, in fiscal
year 2004 and thereafter, qualify for General Service Ad-
ministration contract airfares.
SEC. 324. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance
Act (42 U.S.C. 1856m) the Secretary of Agriculture and
the Secretary of the Interior are authorized to enter into
reciprocal agreements in which the individuals furnished
under said agreements to provide fire management serv-
ices are considered, for purposes of tort liability, employ-
ees of the country receiving said services when the individ-
uals are engaged in fire management activities: Provided,
That the Secretary of Agriculture or the Secretary of the
Interior shall not enter into any agreement under this pro-
vision unless the foreign country (either directly or
through its fire organization) agrees to assume any and
all liability for the acts or omissions of American fire-
fighters engaged in firefighting in a foreign country: Pro-
vided further, That when an agreement is reached for fur-
nishing fire fighting services, the only remedies for acts
or omissions committed while fighting fires shall be those
142
provided under the laws of the host country, and those
remedies shall be the exclusive remedies for any claim aris-
ing out of fighting fires in a foreign country: Provided fur-
ther, That neither the sending country nor any legal orga-
nization associated with the firefighter shall be subject to
any legal action whatsoever pertaining to or arising out
of the firefighter’s role in fire suppression.
SEC. 325. A grazing permit or lease issued by the
Secretary of the Interior or a grazing permit issued by
the Secretary of Agriculture where National Forest Sys-
tem lands are involved that expires, is transferred, or
waived during fiscal year 2004 shall be renewed under sec-
tion 402 of the Federal Land Policy and Management Act
of 1976, as amended (43 U.S.C. 1752), section 19 of the
Granger-Thye Act, as amended (16 U.S.C. 580l), title III
of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010
et seq.), or, if applicable, section 510 of the California
Desert Protection Act (16 U.S.C. 410aaa–50). The terms
and conditions contained in the expired, transferred, or
waived permit or lease shall continue in effect under the
renewed permit or lease until such time as the Secretary
of the Interior or Secretary of Agriculture as appropriate
completes processing of such permit or lease in compliance
with all applicable laws and regulations, at which time
such permit or lease may be canceled, suspended or modi-
143
fied, in whole or in part, to meet the requirements of such
applicable laws and regulations. Nothing in this section
shall be deemed to alter the statutory authority of the Sec-
retary of the Interior or the Secretary of Agriculture: Pro-
vided, That where National Forest System lands are in-
volved and the Secretary of Agriculture has renewed an
expired or waived grazing permit prior to or during fiscal
year 2004, the terms and conditions of the renewed graz-
ing permit shall remain in effect until such time as the
Secretary of Agriculture completes processing of the re-
newed permit in compliance with all applicable laws and
regulations or until the expiration of the renewed permit,
whichever comes first. Upon completion of the processing,
the permit may be canceled, suspended or modified, in
whole or in part, to meet the requirements of applicable
laws and regulations. Nothing in this section shall be
deemed to alter the Secretary of Agriculture’s statutory
authority.
SEC. 326. Notwithstanding any other provision of law
or regulation, to promote the more efficient use of the
health care funding allocation for fiscal year 2004, the
Eagle Butte Service Unit of the Indian Health Service,
at the request of the Cheyenne River Sioux Tribe, may
pay base salary rates to health professionals up to the
highest grade and step available to a physician, phar-
144
macist, or other health professional and may pay a recruit-
ment or retention bonus of up to 25 percent above the
base pay rate.
SEC. 327. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government except
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act.
SEC. 328. PROHIBITION OF OIL AND GAS DRILLING
IN
THE
FINGER
LAKES
NATIONAL
FOREST, NEW
YORK.—None of the funds in this Act may be used to
prepare or issue a permit or lease for oil or gas drilling
in the Finger Lakes National Forest, New York, during
fiscal year 2004.
SEC. 329. None of the funds made available in this
Act may be used for the planning, design, or construction
of improvements to Pennsylvania Avenue in front of the
White House without the advance approval of the Commit-
tees on Appropriations.
SEC. 330. In awarding a Federal Contract with funds
made available by this Act, the Secretary of Agriculture
and the Secretary of the Interior (the ‘‘Secretaries’’) may,
in evaluating bids and proposals, give consideration to
local contractors who are from, and who provide employ-
ment and training for, dislocated and displaced workers
145
in an economically disadvantaged rural community, in-
cluding those historically timber-dependent areas that
have been affected by reduced timber harvesting on Fed-
eral lands and other forest-dependent rural communities
isolated from significant alternative employment opportu-
nities: Provided, That the Secretaries may award grants
or cooperative agreements to local non-profit entities,
Youth Conservation Corps or related partnerships with
State, local or non-profit youth groups, or small or dis-
advantaged business if the contract, grant, or cooperative
agreement is for forest hazardous fuels reduction, water-
shed or water quality monitoring or restoration, wildlife
or fish population monitoring, or habitat restoration or
management: Provided further, That the terms ‘‘rural
community’’ and ‘‘economically disadvantaged’’ shall have
the same meanings as in section 2374 of Public Law 101–
624: Provided further, That the Secretaries shall develop
guidance to implement this section: Provided further, That
nothing in this section shall be construed as relieving the
Secretaries of any duty under applicable procurement
laws, except as provided in this section.
SEC. 331. No funds appropriated in this Act for the
acquisition of lands or interests in lands may be expended
for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Sen-
146
ate Committees on Appropriations: Provided, That this
provision shall not apply to funds appropriated to imple-
ment the Everglades National Park Protection and Ex-
pansion Act of 1989, or to funds appropriated for federal
assistance to the State of Florida to acquire lands for Ev-
erglades restoration purposes.
SEC. 332. Section 315(f) of the Department of the
Interior and Related Agencies Appropriations Act, 1996
(as contained in section 101(c) of Public Law 104–134;
110 Stat. 1321–200; 16 U.S.C. 460l–6a note), is
amended—
(1) by striking ‘‘2004’’ and inserting ‘‘2006’’;
and
(2) by striking ‘‘2007’’ and inserting ‘‘2009’’.
SEC. 333. Subsection (c) of section 551 of the Land
Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll–61) is amended to read as follows:
‘‘(c) USE OF FUNDS.—The Secretary of Agriculture
may expend amounts appropriated or otherwise made
available to carry out this title in a manner consistent with
the authorities exercised by the Tennessee Valley Author-
ity before the transfer of the Recreation Area to the ad-
ministrative jurisdiction of the Secretary, including camp-
ground management and visitor services, paid advertise-
147
ment, and procurement of food and supplies for resale
purposes.’’.
SEC. 334. Section 339 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 2000, as
enacted into law by section 1000(a)(3) of Public Law 106–
113 (113 Stat. 1501A–204; 16 U.S.C. 528 note), is
amended—
(1) in subsection (b)—
(A) in the first sentence, by striking ‘‘not
less than the fair market value’’ and inserting
‘‘fees under subsection (c)’’; and
(B) by striking the second sentence and in-
serting the following: ‘‘The Secretary shall es-
tablish appraisal methods and bidding proce-
dures to determine the fair market value of for-
est botanical products harvested under the pilot
program.’’;
(2) in subsection (c), by striking paragraph (1)
and inserting the following new paragraph (1):
‘‘(1) IMPOSITION AND COLLECTION.—Under the
pilot program, the Secretary of Agriculture shall
charge and collect from a person who harvests forest
botanical products on National Forest System lands
a fee in an amount established by the Secretary to
recover at least a portion of the fair market value
148
of the harvested forest botanical products and a por-
tion of the costs incurred by the Department of Ag-
riculture associated with granting, modifying, or
monitoring the authorization for harvest of the for-
est botanical products, including the costs of any en-
vironmental or other analysis.’’;
(3) in subsection (d)(1), by striking ‘‘charges
and fees under subsections (b) and’’ and inserting
‘‘a fee under subsection’’;
(4) in subsection (f)—
(A) in paragraph (1), by striking ‘‘sub-
sections (b) and’’ and inserting ‘‘subsection’’;
(B) in paragraph (2), by striking ‘‘in ex-
cess of the amounts collected for forest botan-
ical products during fiscal year 1999’’;
(C) in paragraph (3), by striking ‘‘charges
and fees collected at that unit under the pilot
program to pay for’’ and all that follows
through the period at the end and inserting
‘‘fees collected at that unit under subsection (c)
to pay for the costs of conducting inventories of
forest botanical products, determining sustain-
able levels of harvest, monitoring and assessing
the impacts of harvest levels and methods, con-
ducting restoration activities, including any nec-