H. J. Res. 2—237
the Secretary of the Interior and the lessees are negotiating
to retire the leases.
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress
that no funds made available by this Act or any other Act for
any fiscal year should be used by the Secretary of the Interior
to approve any exploration, development, or production plan for,
or application for a permit to drill on, the 36 undeveloped leases
in the southern California planning area of the outer Continental
Shelf during any period in which the lessees are engaged in settle-
ment negotiations with the Secretary of the Interior for the retire-
ment of the leases.
SEC. 157. MODIFIED WATER DELIVERY PROJECT IN THE STATE
OF FLORIDA. (a) AUTHORITY.—The Corps of Engineers, using funds
made available for modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989
(16 U.S.C. 410r–8), shall immediately carry out alternative 6D
(including paying 100 percent of the cost of acquiring land or
an interest in land) for the purpose of providing a flood protection
system for the 8.5 square mile area described in the report entitled
‘‘Central and South Florida Project, Modified Water Deliveries to
Everglades National Park, Florida, 8.5 Square Mile Area, General
Reevaluation Report and Final Supplemental Environmental
Impact Statement’’ and dated July 2000.
(b) CONDITION.—
(1) IN GENERAL.—The Corps of Engineers may only acquire
real property used as a residence for the purpose of carrying
out the project described in subsection (a) if the Corps of Engi-
neers or the non-Federal sponsor first offers the owner of such
real property comparable real property within the part of the
8.5 square mile area that will be provided flood protection
under such project. This paragraph does not affect the authority
of the Corps of Engineers to acquire property for which this
condition has been met or to which this condition does not
apply.
(2) AUTHORITY
TO
ACQUIRE
LAND
AND
PROVIDE
ASSIST-
ANCE.—The Corps of Engineers is authorized to acquire such
land in the flood protected portion of the 8.5 square mile
area from willing sellers, and provide such financial assistance,
as may be necessary to carry out this subsection.
(3) FUNDING.—The Corps of Engineers and the non-Federal
sponsor may carry out this subsection with funds made avail-
able to carry out the project described in subsection (a) and
funds provided by the Department of the Interior for land
acquisition assistance for Everglades restoration purposes.
SEC. 158. 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. 159. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25
U.S.C. 2717(a)), the total amount of all fees imposed by the National
Indian Gaming Commission for fiscal year 2004 shall not exceed
$12,000,000.
SEC. 160. MOCCASIN BEND NATIONAL ARCHEOLOGICAL DISTRICT
ACT. (a) SHORT TITLE.—This section may be cited as the ‘‘Moccasin
Bend National Archeological District Act’’.
H. J. Res. 2—238
(b) DEFINITIONS.—As used in this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) ARCHEOLOGICAL DISTRICT.—The term ‘‘archeological dis-
trict’’ means the Moccasin Bend National Archeological District.
(3) STATE.—The term ‘‘State’’ means the State of Tennessee.
(4) MAP.—The term ‘‘Map’’ means the map entitled,
‘‘Boundary Map Moccasin Bend National Archeological Dis-
trict’’, numbered 301/80098, and dated September 2002.
(c) ESTABLISHMENT.—
(1) IN GENERAL.—In order to preserve, protect, and inter-
pret for the benefit of the public the nationally significant
archeological and historic resources located on the peninsula
known as Moccasin Bend, Tennessee, there is established as
a unit of Chickamauga and Chattanooga National Military
Park, the Moccasin Bend National Archeological District.
(2) BOUNDARIES.—The archeological district shall consist
of approximately 780 acres generally depicted on the Map.
The Map shall be on file and available for public inspection
in the appropriate offices of the National Park Service, Depart-
ment of the Interior.
(3) ACQUISITION OF LAND AND INTERESTS IN LAND.—
(A) IN GENERAL.—The Secretary may acquire by dona-
tion, purchase from willing sellers using donated or appro-
priated funds, or exchange, lands and interests in lands
within the exterior boundary of the archeological district.
The Secretary may acquire the State, county and city-
owned land and interests in land for inclusion in the
archeological district only by donation.
(B) EASEMENT OUTSIDE BOUNDARY.—To allow access
between areas of the archeological district that on the
date of the enactment of this section are noncontiguous,
the Secretary may acquire by donation or purchase from
willing owners using donated or appropriated funds, or
exchange, easements connecting the areas generally
depicted on the Map.
(d) ADMINISTRATION.—
(1) IN
GENERAL.—The archeological district shall be
administered by the Secretary in accordance with this section,
with laws applicable to Chickamauga and Chattanooga
National Military Park, and with the laws generally applicable
to units of the National Park System.
(2) COOPERATIVE AGREEMENT.—The Secretary may consult
and enter into cooperative agreements with culturally affiliated
federally recognized Indian tribes, governmental entities, and
interested persons to provide for the restoration, preservation,
development, interpretation, and use of the archeological dis-
trict.
(3) VISITOR INTERPRETIVE CENTER.—For purposes of inter-
preting the historical themes and cultural resources of the
archeological district, the Secretary may establish and admin-
ister a visitor center in the archeological district.
(4) GENERAL MANAGEMENT PLAN.—Not later than 3 years
after funds are made available under this section, the Secretary
shall develop a general management plan for the archeological
district. The general management plan shall describe the appro-
priate protection and preservation of natural, cultural, and
H. J. Res. 2—239
scenic resources, visitor use, and facility development within
the archeological district consistent with the purposes of this
section, while ensuring continued access by private landowners
to their property.
(e) REPEAL
OF PREVIOUS ACQUISITION AUTHORITY.—The Act
of August 3, 1950 (chapter 532; 16 U.S.C. 424a–4) is repealed.
SEC. 161. Section 6 of Public Law 102–495 (106 Stat. 3173)
is amended by removing subsections 6(b) and (c) in their entirety
and substituting the following:
‘‘(b) LANDS TRANSFER TO THE LOWER ELWHA KLALLAM TRIBE.—
Subject to valid existing rights, all right, title, and interest of
the United States in and to the following described land, consisting
of 1.7 acres, more or less, situated in the County of Clallam,
State of Washington, are hereby conveyed to the Lower Elwha
Klallam Indian Tribe: the parcel lying south of the existing roadway
and extending southward to the Inner Harbor line of the Port
Angeles Tidelands, and beginning at the north-south line 1,106
feet west of the eastern boundary of Out Lot 6 and running easterly
1,671 feet to the north-south line 565 feet east of the eastern
boundary of Out Lot 6, to be further described on a detailed legal
description and map filed later with the Oregon/Washington Office
of the Bureau of Land Management. Said legal description and
map shall be provided by the tribe, at its cost and expense, within
ninety (90) days of the enactment of this Act. This conveyance
shall be subject to the following provisions:
‘‘(1) There shall be public access to the beach along the
south side of the parcel at all times.
‘‘(2) The City of Port Angeles shall have the right to con-
struct and maintain a waterfront trail adjacent to the existing
roadway along the north side of the parcel, the location of
which shall be determined in conjunction with the Secretary.
‘‘(3) Parking facilities on the parcel shall be open to the
public at all times.
‘‘(4) The Agreement entered into on August 11, 1992,
between the City of Port Angeles and the Tribe regarding
the use of the adjacent leaseholds.
‘‘(5) Easements shall be are hereby reserved in favor of
the United States upon, over, under, through, and across the
lands conveyed under this section allowing the United States,
its successors, assigns, and agents, unrestricted and uninter-
rupted access to any adjoining lands owned or controlled by
the United States, including but not limited to, the United
States Coast Guard Air Station located on Ediz Hook, and
allowing the United States, its successors, assigns, and agents,
to install, construct, operate, maintain, repair, and replace
utility lines and other related equipment upon, over, under,
through, and across the lands conveyed under this section
in order to operate said air station or to conduct any other
Federal mission, operation, or activity upon lands owned or
controlled by the United States.
‘‘(6) A navigation easement shall be hereby reserved in
favor of the United States over the lands conveyed under this
section for the continued aircraft operations at the adjacent
United States Coast Guard Air Station on Ediz Hook. Said
navigation easement shall be based on the Federal Aviation
Administration (FAA) standards contained in FAA Advisory
Circular 150/5390–2A, ‘‘Heliport Design,’’ dated January 20,
H. J. Res. 2—240
1994. In any event, the Lower Elwha Klallam Indian Tribe
shall not construct any building or structure that intrudes
into navigable airspace, as defined in FAA regulations.’’.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $251,685,000, to remain available until
expended.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing tech-
nical and financial assistance to States, territories, possessions,
and others, and for forest health management including treatments
of pests, pathogens and invasive or noxious plants, cooperative
forestry, and education and land conservation activities and con-
ducting an international program as authorized, $286,574,000, to
remain available until expended, as authorized by law: Provided,
That none of the funds provided under this heading for the acquisi-
tion of lands or interests in lands shall be available until the
Forest Service notifies the House Committee on Appropriations
and the Senate Committee on Appropriations, in writing, of specific
acquisition 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 demonstrates that 25 percent of the
total value of the project is comprised of a non-Federal cost share:
Provided further, That funds provided in this Act and in Public
Laws 106–113, 106–291, and 107–63, for the West Branch Forest
Legacy Project in the State of Maine, consisting of at least 45,000
acres of fee simple purchase and at least 275,000 acres in a con-
servation easement, that have not been expended by January 31,
2004, shall be transferred to the Wildland Fire Management account
and shall be available to perform rehabilitation and restoration
activities: Provided further, That notwithstanding any other provi-
sion of law, of the funds provided under this heading, $1,000,000
shall be made available to Kake Tribal Corporation as an advance
direct lump sum payment to implement the Kake Tribal Corporation
Land Transfer Act (Public Law 106–283).
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, $1,362,299,000, to remain avail-
able until expended, which shall include 50 percent of all moneys
received during prior fiscal years as fees collected under the Land
and Water Conservation Fund Act of 1965, as amended, in accord-
ance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,
That unobligated balances available at the start of fiscal year
2003 shall be displayed by budget line item in the fiscal year