H. R. 2691—3
fire management activities: Provided further, That the Secretary
of the Interior may use wildland fire appropriations to enter into
non-competitive sole source leases of real property with local govern-
ments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance pay-
ments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate
amount not to exceed $12,000,000, between the Departments when
such transfers would facilitate and expedite jointly funded wildland
fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the remedial action,
including associated activities, of hazardous waste substances,
pollutants, or contaminants pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), $9,978,000, to remain available
until expended: Provided, That notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or as
reimbursement for remedial action or response activities conducted
by the Department pursuant to section 107 or 113(f) of such Act,
shall be credited to this account, to be available until expended
without further appropriation: Provided further, That such sums
recovered from or paid by any party are not limited to monetary
payments and may include stocks, bonds or other personal or real
property, which may be retained, liquidated, or otherwise disposed
of by the Secretary and which shall be credited to this account.
CONSTRUCTION
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $13,976,000, to remain available until
expended.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94–579, including administrative expenses
and acquisition of lands or waters, or interests therein, $18,600,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant coun-
ties of Oregon, and on adjacent rights-of-way; and acquisition of
H. R. 2691—4
lands or interests therein, including existing connecting roads on
or adjacent to such grant lands; $106,672,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law 102–
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning, preparing,
implementing and monitoring salvage timber sales and forest eco-
system health and recovery activities, such as release from com-
peting vegetation and density control treatments. The Federal share
of receipts (defined as the portion of salvage timber receipts not
paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–
1 et seq., and Public Law 106–393) derived from treatments funded
by this account shall be deposited into the Forest Ecosystem Health
and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315 et seq.) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from Bankhead-
Jones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to proc-
essing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, oper-
ation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579, as amended,
and Public Law 93–153, to remain available until expended: Pro-
vided, That notwithstanding any provision to the contrary of section
305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that
have been or will be received pursuant to that section, whether
as a result of forfeiture, compromise, or settlement, if not appro-
priate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the
authority of this Act by the Secretary to improve, protect, or
H. R. 2691—5
rehabilitate any public lands administered through the Bureau
of Land Management which have been damaged by the action
of a resource developer, purchaser, permittee, or any unauthorized
person, without regard to whether all moneys collected from each
such action are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other damaged
public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings
and appurtenant facilities to which the United States has title;
up to $100,000 for payments, at the discretion of the Secretary,
for information or evidence concerning violations of laws adminis-
tered by the Bureau; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the Secretary and
to be accounted for solely on her certificate, not to exceed $10,000:
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may,
under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the coopera-
tors share the cost of printing either in cash or in services, and
the Bureau determines the cooperator is capable of meeting accepted
quality standards: Provided further, That section 28 of title 30,
United States Code, is amended: (1) in section 28f(a), by striking
‘‘for years 2002 through 2003’’ and inserting in lieu thereof ‘‘for
years 2004 through 2008’’; and (2) in section 28g, by striking ‘‘and
before September 30, 2003’’ and inserting in lieu thereof ‘‘and before
September 30, 2008’’.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, maintenance of the herd of long-horned cattle on the
Wichita Mountains Wildlife Refuge, general administration, and
for the performance of other authorized functions related to such
resources by direct expenditure, contracts, grants, cooperative agree-
ments and reimbursable agreements with public and private enti-
ties, $963,352,000, to remain available until September 30, 2005,
except as otherwise provided herein: Provided, That not less than
H. R. 2691—6
$2,000,000 shall be provided to local governments in southern Cali-
fornia for planning associated with the Natural Communities Con-
servation Planning (NCCP) program and shall remain available
until expended: Provided further, That $2,000,000 is for high pri-
ority projects, which shall be carried out by the Youth Conservation
Corps: Provided further, That not to exceed $12,286,000 shall be
used for implementing subsections (a), (b), (c), and (e) of section
4 of the Endangered Species Act, as amended, for species that
are indigenous to the United States (except for processing petitions,
developing and issuing proposed and final regulations, and taking
any other steps to implement actions described in subsection
(c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
$8,900,000 shall be used for any activity regarding the designation
of critical habitat, pursuant to subsection (a)(3), excluding litigation
support, for species already listed pursuant to subsection (a)(1)
as of the date of enactment this Act: Provided further, That of
the amount available for law enforcement, up to $400,000 to remain
available until expended, may at the discretion of the Secretary
be used for payment for information, rewards, or evidence con-
cerning violations of laws administered by the Service, and miscella-
neous and emergency expenses of enforcement activity, authorized
or approved by the Secretary and to be accounted for solely on
her certificate: Provided further, That of the amount provided for
environmental contaminants, up to $1,000,000 may remain avail-
able until expended for contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, manage-
ment, investigation, protection, and utilization of fishery and wild-
life resources, and the acquisition of lands and interests therein;
$60,554,000, to remain available until expended.
LAND ACQUISITION
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for acquisition of land
or waters, or interest therein, in accordance with statutory authority
applicable to the United States Fish and Wildlife Service,
$43,628,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended: Provided, That none
of the funds appropriated for specific land acquisition projects can
be used to pay for any administrative overhead, planning or other
management costs.
LANDOWNER INCENTIVE PROGRAM
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for private conservation
efforts to be carried out on private lands, $30,000,000, to be derived
from the Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided herein
is for a Landowner Incentive Program established by the Secretary
that provides matching, competitively awarded grants to States,
the District of Columbia, Tribes, Puerto Rico, Guam, the United
H. R. 2691—7
States Virgin Islands, the Northern Mariana Islands, and American
Samoa, to establish or supplement existing landowner incentive
programs that provide technical and financial assistance, including
habitat protection and restoration, to private landowners for the
protection and management of habitat to benefit federally listed,
proposed, candidate, or other at-risk species on private lands.
STEWARDSHIP GRANTS
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for private conservation
efforts to be carried out on private lands, $7,500,000, to be derived
from the Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided herein
is for a Stewardship Grants Program established by the Secretary
to provide grants and other assistance to individuals and groups
engaged in private conservation efforts that benefit federally listed,
proposed, candidate, or other at-risk species.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531–1543), as amended,
$82,614,000, of which $32,614,000 is to be derived from the Coopera-
tive Endangered Species Conservation Fund and $50,000,000 is
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,414,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101–233, as
amended, $38,000,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the conservation
of neotropical migratory birds in accordance with the Neotropical
Migratory Bird Conservation Act, Public Law 106–247 (16 U.S.C.
6101–6109), $4,000,000, to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Con-
servation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–
4245, and 1538), the Asian Elephant Conservation Act of 1997
(Public Law 105–96; 16 U.S.C. 4261–4266), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301–5306), and the
Great Ape Conservation Act of 2000 (16 U.S.C. 6301), $5,600,000,
to remain available until expended.
H. R. 2691—8
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the District
of Columbia, Puerto Rico, Guam, the United States Virgin Islands,
the Northern Mariana Islands, American Samoa, and federally rec-
ognized Indian tribes under the provisions of the Fish and Wildlife
Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of
wildlife and their habitat, including species that are not hunted
or fished, $70,000,000 to be derived from the Land and Water
Conservation Fund, and to remain available until expended: Pro-
vided, That of the amount provided herein, $6,000,000 is for a
competitive grant program for Indian tribes not subject to the
remaining provisions of this appropriation: Provided further, That
the Secretary shall, after deducting said $6,000,000 and administra-
tive expenses, apportion the amount provided herein in the following
manner: (A) to the District of Columbia and to the Commonwealth
of Puerto Rico, each a sum equal to not more than one-half of
1 percent thereof; and (B) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (A) one-
third of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and
(B) two-thirds of which is based on the ratio to which the population
of such State bears to the total population of all such States:
Provided further, That the amounts apportioned under this para-
graph shall be adjusted equitably so that no State shall be appor-
tioned a sum which is less than 1 percent of the amount available
for apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That the
Federal share of planning grants shall not exceed 75 percent of
the total costs of such projects and the Federal share of implementa-
tion grants shall not exceed 50 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs: Provided
further, That no State, territory, or other jurisdiction shall receive
a grant unless it has developed, or committed to develop by October
1, 2005, a comprehensive wildlife conservation plan, consistent with
criteria established by the Secretary of the Interior, that considers
the broad range of the State, territory, or other jurisdiction’s wildlife
and associated habitats, with appropriate priority placed on those
species with the greatest conservation need and taking into consid-
eration the relative level of funding available for the conservation
of those species: Provided further, That any amount apportioned
in 2004 to any State, territory, or other jurisdiction that remains
unobligated as of September 30, 2005, shall be reapportioned,
together with funds appropriated in 2006, in the manner provided
herein: Provided further, That balances from amounts previously
appropriated under the heading ‘‘State Wildlife Grants’’ shall be
transferred to and merged with this appropriation and shall remain
available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States Fish
and Wildlife Service shall be available for purchase of not to exceed
H. R. 2691—9
157 passenger motor vehicles, of which 142 are for replacement
only (including 33 for police-type use); repair of damage to public
roads within and adjacent to reservation areas caused by operations
of the Service; options for the purchase of land at not to exceed
$1 for each option; facilities incident to such public recreational
uses on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used
pursuant to law in connection with management, and investigation
of fish and wildlife resources: Provided, That notwithstanding 44
U.S.C. 501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing serv-
ices from cooperators in connection with jointly produced publica-
tions for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That the Service may accept donated aircraft
as replacements for existing aircraft: Provided further, That not-
withstanding any other provision of law, the Secretary of the
Interior may not spend any of the funds appropriated in this Act
for the purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife Refuge
System unless the purchase is approved in advance by the House
and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in the statement of the man-
agers accompanying this Act.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administra-
tion of the National Park Service, $1,629,641,000, of which
$10,887,000 is for planning and interagency coordination in support
of Everglades restoration and shall remain available until expended;
of which $96,480,000, to remain available until September 30, 2005,
is for maintenance, repair or rehabilitation projects for constructed
assets, operation of the National Park Service automated facility
management software system, and comprehensive facility condition
assessments; and of which $2,000,000 is for the Youth Conservation
Corps for high priority projects: Provided, That the only funds
in this account which may be made available to support United
States Park Police are those funds approved for emergency law
and order incidents pursuant to established National Park Service
procedures, those funds needed to maintain and repair United
States Park Police administrative facilities, and those funds nec-
essary to reimburse the United States Park Police account for
the unbudgeted overtime and travel costs associated with special
events for an amount not to exceed $10,000 per event subject
to the review and concurrence of the Washington headquarters
office: Provided further, That notwithstanding sections 5(b)(7)(c)
and 7(a)(2) of Public Law 105–58, the National Park Service may
in fiscal year 2004 provide funding for uniformed personnel for
H. R. 2691—10
visitor protection and interpretation of the outdoor symbolic site
at the Oklahoma City Memorial without reimbursement or a
requirement to match these funds with non-Federal funds.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of the United
States Park Police, $78,859,000.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, nat-
ural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant adminis-
tration, not otherwise provided for, $62,544,000, of which $1,600,000
shall be available until expended for the Oklahoma City National
Memorial Trust, notwithstanding the provisions contained in sec-
tions 7(a)(1) and (2) of Public Law 105–58.
URBAN PARK AND RECREATION FUND
For expenses necessary to carry out the provisions of the Urban
Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et
seq.), $305,000, to remain available until expended.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic Preserva-
tion Act of 1966, as amended (16 U.S.C. 470), and the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law
104–333), $74,500,000, to be derived from the Historic Preservation
Fund, to remain available until September 30, 2005: Provided,
That, of the amount provided herein, $500,000, to remain available
until expended, is for a grant for the perpetual care and mainte-
nance of National Trust Historic Sites, as authorized under 16
U.S.C. 470a(e)(2), to be made available in full upon signing of
a grant agreement: Provided further, That, notwithstanding any
other provision of law, these funds shall be available for investment
with the proceeds to be used for the same purpose as set out
herein: Provided further, That of the total amount provided,
$33,000,000 shall be for Save America’s Treasures for priority
preservation projects, of nationally significant sites, structures, and
artifacts: Provided further, That any individual Save America’s
Treasures grant shall be matched by non-Federal funds: Provided
further, That individual projects shall only be eligible for one grant,
and all projects to be funded shall be approved by the House
and Senate Committees on Appropriations and the Secretary of
the Interior in consultation with the President’s Committee on
the Arts and Humanities prior to the commitment of grant funds:
Provided further, That Save America’s Treasures funds allocated
for Federal projects, following approval, shall be available by
transfer to appropriate accounts of individual agencies.
CONSTRUCTION
For construction, improvements, repair or replacement of phys-
ical facilities, including the modifications authorized by section
H. R. 2691—11
104 of the Everglades National Park Protection and Expansion
Act of 1989, $333,995,000, to remain available until expended,
of which $300,000 for the L.Q.C. Lamar House National Historic
Landmark and $375,000 for the Sun Watch National Historic Land-
mark shall be derived from the Historic Preservation Fund pursuant
to 16 U.S.C. 470a: Provided, That none of the funds in this or
any other Act may be used to pay the salaries and expenses of
more than 160 Full Time Equivalent personnel working for the
National Park Service’s Denver Service Center funded under the
construction program management and operations activity: Pro-
vided further, That none of the funds provided in this or any
other Act may be used to pre-design, plan, or construct any new
facility (including visitor centers, curatorial facilities, administrative
buildings), for which appropriations have not been specifically pro-
vided if the net construction cost of such facility is in excess of
$5,000,000, without prior approval of the House and Senate
Committees on Appropriations: Provided further, That the restric-
tion in the previous proviso applies to all funds available to the
National Park Service, including partnership and fee demonstration
projects: Provided further, That none of the funds provided in this
or any other Act may be used for planning, design, or construction
of any underground security screening or visitor contact facility
at the Washington Monument until such facility has been approved
in writing by the House and Senate Committees on Appropriations:
Provided further, That funds appropriated in this Act and in any
prior Acts for the purpose of implementing the Modified Water
Deliveries to Everglades National Park Project shall be available
for expenditure unless the joint report of the Secretary of the
Interior, the Secretary of the Army, the Administrator of the
Environmental Protection Agency, and the Attorney General which
shall be filed within 90 days of enactment of this Act and by
September 30 each year thereafter until December 31, 2006, to
the House and Senate Committees on Appropriations, the House
Committee on Transportation and Infrastructure, the House Com-
mittee on Resources and the Senate Committee on Environment
and Public Works, indicates that the water entering A.R.M.
Loxahatchee National Wildlife Refuge and Everglades National
Park does not meet applicable State water quality standards and
numeric criteria adopted for phosphorus throughout A.R.M.
Loxahatchee National Wildlife Refuge and Everglades National
Park, as well as water quality requirements set forth in the Consent
Decree entered in United States v. South Florida Water Manage-
ment District, and that the House and Senate Committees on
Appropriations respond in writing disapproving the further expendi-
ture of funds: Provided further, That not to exceed $800,000 of
the funds provided for Dayton Aviation Heritage National Historical
Park may be provided as grants to cooperating entities for projects
to enhance public access to the park.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2004 by 16
U.S.C. 460l–10a is rescinded.
H. R. 2691—12
LAND ACQUISITION AND STATE ASSISTANCE
(INCLUDING TRANSFERS OF FUNDS)
For expenses necessary to carry out the Land and Water Con-
servation Act of 1965, as amended (16 U.S.C. 460l–4 through 11),
including administrative expenses, and for acquisition of lands or
waters, or interest therein, in accordance with the statutory
authority applicable to the National Park Service, $142,350,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which $95,000,000 is for
the State assistance program including $2,500,000 to administer
this program: Provided, That none of the funds provided for the
State assistance program may be used to establish a contingency
fund: Provided further, That notwithstanding any other provision
of law, the Secretary of the Interior, using prior year unobligated
funds made available under any Act enacted before the date of
enactment of this Act for land acquisition assistance to the State
of Florida for the acquisition of lands or water, or interests therein,
within the Everglades watershed, shall transfer $5,000,000 to the
United States Fish and Wildlife Service ‘‘Resource Management’’
account for the purpose of funding water quality monitoring and
eradication of invasive exotic plants at A.R.M. Loxahatchee National
Wildlife Refuge, as well as recovery actions for any listed species
in the South Florida ecosystem, and may transfer such sums as
may be determined necessary by the Secretary of the Interior to
the United States Army Corps of Engineers ‘‘Construction, General’’
account for the purpose of modifying the construction of Storm
Water Treatment Area 1 East to include additional water quality
improvement measures, such as additional compartmentalization,
improved flow control, vegetation management, and other additional
technologies based upon the recommendations of the Secretary of
the Interior and the South Florida Water Management District,
to maximize the treatment effectiveness of Storm Water Treatment
Area 1 East so that water delivered by Storm Water Treatment
Area 1 East to A.R.M. Loxahatchee National Wildlife Refuge
achieves State water quality standards, including the numeric cri-
terion for phosphorus, and that the cost sharing provisions of section
528 of the Water Resources Development Act of 1996 (110 Stat.
3769) shall apply to any funds provided by the Secretary of the
Interior to the United States Army Corps of Engineers for this
purpose: Provided further, That, subsequent to the transfer of the
$5,000,000 to the United States Fish and Wildlife Service and
the transfer of funds, if any, to the United States Army Corps
of Engineers to carry out water quality improvement measures
for Storm Water Treatment Area 1 East, if any funds remain
to be expended after the requirements of these provisions have
been met, then the Secretary of the Interior may transfer, as
appropriate, and use the remaining funds for Everglades restoration
activities benefiting the lands and resources managed by the
Department of the Interior in South Florida, subject to the approval
by the House and Senate Committees on Appropriations of a re-
programming request by the Secretary detailing how the remaining
funds will be expended for this purpose.
H. R. 2691—13
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be available
for the purchase of not to exceed 249 passenger motor vehicles,
of which 202 shall be for replacement only, including not to exceed
193 for police-type use, 10 buses, and 8 ambulances: Provided,
That none of the funds appropriated to the National Park Service
may be used to process any grant or contract documents which
do not include the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Service may
be used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been sub-
mitted to the Congress and shall not be implemented prior to
the expiration of 30 calendar days (not including any day in which
either House of 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 and comprehensive report on the development
of the southern end of Ellis Island, including the facts and cir-
cumstances relied upon in support of the proposed project: Provided
further, That the National Park Service may make a grant of
not to exceed $70,000 for the construction of a memorial in Cadillac,
Michigan in honor of Kris Eggle.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the United
Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to encour-
age employees receiving workers’ compensation benefits pursuant
to chapter 81 of title 5, United States Code, to return to appropriate
positions for which they are medically able.
Notwithstanding any other provision of law, in fiscal year 2004,
with respect to the administration of the National Park Service
park pass program by the National Park Foundation, the Secretary
may obligate to the Foundation administrative funds expected to
be received in that fiscal year before the revenues are collected,
so long as total obligations in the administrative account do not
exceed total revenue collected and deposited in that account by
the end of the fiscal year.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topog-
raphy, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the economic
conditions affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes
as authorized by law and to publish and disseminate data;
H. R. 2691—14
$949,686,000, of which $64,536,000 shall be available only for
cooperation with States or municipalities for water resources inves-
tigations; and of which $16,201,000 shall remain available until
expended for conducting inquiries into the economic conditions
affecting mining and materials processing industries; and of which
$8,000,000 shall remain available until expended for satellite oper-
ations; and of which $24,390,000 shall be available until September
30, 2005, for the operation and maintenance of facilities and
deferred maintenance; and of which $176,099,000 shall be available
until September 30, 2005, for the biological research activity and
the operation of the Cooperative Research Units: Provided, That
none of these funds provided for the biological research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, That no part of this appropriation shall be used to pay
more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in coopera-
tion with States and municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geological
Survey shall be available for the purchase of not to exceed 53
passenger motor vehicles, of which 48 are for replacement only;
reimbursement to the General Services Administration for security
guard services; contracting for the furnishing of topographic maps
and for the making of geophysical or other specialized surveys
when it is administratively determined that such procedures are
in the public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for gauging
stations and observation wells; expenses of the United States
National Committee on Geology; and payment of compensation
and expenses of persons on the rolls of the Survey duly appointed
to represent the United States in the negotiation and administration
of interstate compacts: Provided, That activities funded by appro-
priations herein made may be accomplished through the use of
contracts, grants, or cooperative agreements as defined in 31 U.S.C.
6302 et seq.: Provided further, That notwithstanding the provisions
of the Federal Grant and Cooperative Agreement Act of 1977 (31
U.S.C. 6301–6308), the United States Geological Survey is author-
ized to continue existing, and hereafter, to enter into new coopera-
tive agreements directed towards a particular cooperator, in support
of joint research and data collection activities with Federal, State,
and academic partners funded by appropriations herein, including
those that provide for space in cooperator facilities.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable
to oil, gas, and other minerals leases, permits, licenses and oper-
ating contracts; and for matching grants or cooperative agreements;
including the purchase of not to exceed eight passenger motor
vehicles for replacement only, $165,316,000, of which $80,396,000
shall be available for royalty management activities; and an amount
H. R. 2691—15
not to exceed $100,230,000, to be credited to this appropriation
and to remain available until expended, from additions to receipts
resulting from increases to rates in effect on August 5, 1993, from
rate increases to fee collections for Outer Continental Shelf adminis-
trative activities performed by the Minerals Management Service
(MMS) over and above the rates in effect on September 30, 1993,
and from additional fees for Outer Continental Shelf administrative
activities established after September 30, 1993: Provided, That
to the extent $100,230,000 in additions to receipts are not realized
from the sources of receipts stated above, the amount needed to
reach $100,230,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental Shelf
leases in effect before August 5, 1993: Provided further, That
$3,000,000 for computer acquisitions shall remain available until
September 30, 2005: Provided further, That funds appropriated
under this Act shall be available for the payment of interest in
accordance with 30 U.S.C. 1721(b) and (d): Provided further, That
not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of overpay-
ments in connection with certain Indian leases in which the Director
of MMS concurred with the claimed refund due, to pay amounts
owed to Indian allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That MMS may under the
royalty-in-kind pilot program, or under its authority to transfer
oil to the Strategic Petroleum Reserve, use a portion of the revenues
from royalty-in-kind sales, without regard to fiscal year limitation,
to pay for transportation to wholesale market centers or upstream
pooling points, and to process or otherwise dispose of royalty produc-
tion taken in kind, and to recover MMS transportation costs, sala-
ries, and other administrative costs directly related to filling the
Strategic Petroleum Reserve: Provided further, That MMS shall
analyze and document the expected return in advance of any roy-
alty-in-kind sales to assure to the maximum extent practicable
that royalty income under the pilot program is equal to or greater
than royalty income recognized under a comparable royalty-in-value
program.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201
of the Oil Pollution Act of 1990, $7,105,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Sur-
face Mining Control and Reclamation Act of 1977, Public Law
95–87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $106,424,000: Pro-
vided, That the Secretary of the Interior, pursuant to regulations,
may use directly or through grants to States, moneys collected
in fiscal year 2004 for civil penalties assessed under section 518
H. R. 2691—16
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1268), to reclaim lands adversely affected by coal mining
practices after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of Surface
Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored
training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
as amended, including the purchase of not more than 10 passenger
motor vehicles for replacement only, $192,969,000, to be derived
from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended; of which up to $10,000,000, to
be derived from the Federal Expenses Share of the Fund, shall
be for supplemental grants to States for the reclamation of aban-
doned sites with acid mine rock drainage from coal mines, and
for associated activities, through the Appalachian Clean Streams
Initiative: Provided, That grants to minimum program States will
be $1,500,000 per State in fiscal year 2004: 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 further, 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 Government for the purpose of environmental res-
toration related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That the State
of Maryland may set aside the greater of $1,000,000 or 10 percent
of the total of the grants made available to the State under title
IV of the Surface Mining Control and Reclamation Act of 1977,
as amended (30 U.S.C. 1231 et seq.), if the amount set aside
is deposited in an acid mine drainage abatement and treatment
fund established under a State law, pursuant to which law the
amount (together with all interest earned on the amount) is
expended by the State to undertake acid mine drainage abatement
and treatment projects, except that before any amounts greater
than 10 percent of its title IV grants are deposited in an acid
mine drainage abatement and treatment fund, the State of Mary-
land must first complete all Surface Mining Control and Reclama-
tion Act priority one projects.
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-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the
Education Amendments of 1978 (25 U.S.C. 2001–2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
H. R. 2691—17
as amended, $1,916,317,000, to remain available until September
30, 2005 except as otherwise provided herein, of which not to
exceed $86,925,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not lim-
ited 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 funding agreements
entered into with the Bureau prior to or during fiscal year 2004,
as authorized by such Act, except that tribes and tribal organiza-
tions may use their tribal priority allocations for unmet indirect
costs of ongoing contracts, grants, or compacts, or annual funding
agreements 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 programs shall become available
on July 1, 2004, and shall remain available until September 30,
2005; and of which not to exceed $55,766,000 shall remain available
until expended for housing improvement, road maintenance,
attorney fees, litigation support, the Indian Self-Determination
Fund, land records improvement, and the Navajo-Hopi Settlement
Program: Provided, That notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination
Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$49,182,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal organiza-
tions 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-funded 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
administrative 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 unobligated as of September
30, 2005, may be transferred during 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 maintenance of
irrigation and power systems, buildings, utilities, and other facili-
ties, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irriga-
tion Project pursuant to Public Law 87–483, $351,154,000, 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 percent of contract authority available
to the Bureau of Indian 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: Provided further, That for
H. R. 2691—18
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 sub-
ject 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 performed: 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 standards 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 capabilities: 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 concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2507(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
(INCLUDING TRANSFER OF FUNDS)
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $60,551,000, to remain
available until expended; of which $31,766,000 shall be available
for implementation of enacted Indian land and water claim settle-
ments 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 conservation 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 Acquisition’’ 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: Pro-
vided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $94,568,000.
In addition, for administrative expenses to carry out the
guaranteed and insured loan programs, $700,000.
H. R. 2691—19
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation
of Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in cooperation
with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management, operation,
and maintenance of the Power Division of the San Carlos Irrigation
Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee 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 (except facilities operations
and maintenance) shall be available 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 between the United States and that tribe, or that
tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau, other than the amounts provided herein for assist-
ance 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 September 1, 1996. No funds
available to the Bureau shall be used to support expanded grades
for any school or dormitory beyond the grade structure in place
or approved by the Secretary of the Interior at each school in
the Bureau 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 before September 1, 1999, may continue to operate
during that period, but only if the charter school pays to the
Bureau 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 programs 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 operation
and employees of a charter school shall not be treated as Federal
H. R. 2691—38
(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 revisions 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 REVISION.—Not later
than 60 days after the date on which a revision is submitted
under subparagraph (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 management 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 MANAGEMENT ENTITY.—
(1) AUTHORITIES.—For the purposes of developing and
implementing the management plan, the management entity
may use funds made available under subsection (i) to—
(A) make grants to, and enter into cooperative agree-
ments 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 management plan while
considering the interests of diverse units of government,
businesses, private property owners, and nonprofit groups
in the Heritage Area;
(B) conduct public meetings in the Heritage Area at
least semiannually on the development and implementation
of the management plan;
(C) give priority to the implementation of actions, goals,
and strategies in the management 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 interpretive
exhibits in the Heritage Area;
H. R. 2691—39
(iv) 
developing 
recreational 
and 
educational
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 manage-
ment entity; and
(III) each entity to which a grant was made;
(ii) make available for audit by Congress, the Sec-
retary, and appropriate units of government, all
records relating to the expenditure of funds and any
matching funds; and
(iii) require, for all agreements authorizing
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 cultural, histor-
ical, natural, and recreational resources of the Heritage
Area; and
(B) the provision of educational, interpretive, and rec-
reational 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 regula-
tions).
(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 govern-
ment with respect to private property; or
(C) imposes any additional burden on any property
owner.
(i) AUTHORIZATION OF APPROPRIATIONS.—