IIB
107TH CONGRESS
1ST SESSION
H. R. 2217
IN THE SENATE OF THE UNITED STATES
JUNE 22, 2001
Received; read twice and referred to the Committee on Appropriations
AN ACT
Making appropriations for the Department of the Interior
and related agencies for the fiscal year ending September
30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Department of the Interior and related agencies for the
fiscal year ending September 30, 2002, and for other pur-
poses, namely:
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improve-
ment, development, disposal, cadastral surveying, classi-
fication, acquisition of easements and other interests in
lands, and performance of other functions, including main-
tenance of facilities, as authorized by law, in the manage-
ment of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general
administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487
(16 U.S.C. 3150(a)), $768,711,000, to remain available
until expended, of which $1,000,000 is for high priority
projects which shall be carried out by the Youth Conserva-
tion Corps, defined in section 250(c)(4)(E)(xii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act; of which
$2,225,000 shall be available for assessment of the min-
eral potential of public lands in Alaska pursuant to section
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1010 of Public Law 96–487 (16 U.S.C. 3150); and of
which not to exceed $1,000,000 shall be derived from the
special receipt account established by the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l–
6a(i)); and of which $3,000,000 shall be available in fiscal
year 2002 subject to a match by at least an equal amount
by the National Fish and Wildlife Foundation, to such
Foundation for cost-shared projects supporting conserva-
tion of Bureau lands and such funds shall be advanced
to the Foundation as a lump sum grant without regard
to when expenses are incurred; in addition, $32,298,000
for Mining Law Administration program operations, in-
cluding the cost of administering the mining claim fee pro-
gram; to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this
appropriation from annual mining claim fees so as to re-
sult in a final appropriation estimated at not more than
$768,711,000, and $2,000,000, to remain available until
expended, from communication site rental fees established
by the Bureau for the cost of administering communica-
tion site activities: Provided, That appropriations herein
made shall not be available for the destruction of healthy,
unadopted, wild horses and burros in the care of the Bu-
reau or its contractors: Provided further, That of the
amount provided, $28,000,000 is for ‘‘Federal Infrastruc-
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ture Improvement’’, defined in section 250(c)(4)(E)(xiv)
of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, for the purposes of such Act:
Provided further, That fiscal year 2001 balances in the
Federal Infrastructure Improvement account for the Bu-
reau of Land Management shall be transferred to and
merged with this appropriation, and shall remain available
until expended.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, sup-
pression operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire as-
sistance by the Department of the Interior, $700,806,000,
to remain available until expended, of which not to exceed
$19,774,000 shall be for the renovation or construction
of fire facilities: Provided, That such funds are also avail-
able for repayment of advances to other appropriation ac-
counts from which funds were previously transferred for
such purposes: Provided further, That unobligated bal-
ances of amounts previously appropriated to the ‘‘Fire
Protection’’ and ‘‘Emergency Department of the Interior
Firefighting Fund’’ may be transferred and merged with
this appropriation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42
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U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from
which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided fur-
ther, That using the amounts designated under this title
of this Act, the Secretary of the Interior may enter into
procurement contracts, grants, or cooperative agreements,
for hazardous fuels reduction activities, and for training
and monitoring associated with such hazardous fuels re-
duction activities, on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Fed-
eral land: 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 entering into such grants or cooperative agree-
ments, the Secretary may consider the enhancement of
local and small business employment opportunities for
rural communities, and that in entering into procurement
contracts under this section on a best value basis, the Sec-
retary may take into account the ability of an entity to
enhance local and small business employment opportuni-
ties in rural communities, and that the Secretary may
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award procurement contracts, grants, or cooperative
agreements under this section to entities that include local
non-profit entities, Youth Conservation Corps or related
partnerships, or small or disadvantaged businesses: Pro-
vided further, That funds appropriated under this head
may be used to reimburse the United States Fish and
Wildlife Service and the National Marine Fisheries Service
for the costs of carrying out their responsibilities under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to consult and conference, as required by section 7
of such Act in connection with wildland fire management
activities.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the In-
terior and any of its component offices and bureaus for
the remedial action, including associated activities, of haz-
ardous waste substances, pollutants, or contaminants pur-
suant 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 ex-
pended: 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 activi-
ties 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 appropria-
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tion: 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, $11,076,000, to
remain available until expended.
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),
$200,000,000, of which not to exceed $400,000 shall be
available for administrative expenses and of which
$50,000,000 is for the conservation activities defined in
section 250(c)(4)(E)(xiii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for
the purposes of such Act: 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.
LAND ACQUISITION
For expenses necessary to carry out sections 205,
206, and 318(d) of Public Law 94–579, including admin-
istrative expenses and acquisition of lands or waters, or
interests therein, $47,686,000, to be derived from the
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Land and Water Conservation Fund, to remain available
until expended, and to be for the conservation activities
defined in section 250(c)(4)(E)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and
on adjacent rights-of-way; and acquisition of lands or in-
terests therein including existing connecting roads on or
adjacent to such grant lands; $105,165,000, 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 sec-
ond paragraph of subsection (b) of title II of the Act of
August 28, 1937 (50 Stat. 876).
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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, and monitoring salvage timber
sales and forest ecosystem health and recovery activities
such as release from competing 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. 1181–1
et seq., and Public Law 103–66) 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 improve-
ments 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
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$10,000,000, to remain available until expended: Pro-
vided, 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 processing application documents and other authoriza-
tions for use and disposal of public lands and resources,
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation 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 amend-
ed, and Public Law 93–153, to remain available until ex-
pended: Provided, 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 appropriate
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 im-
prove, protect, or rehabilitate any public lands adminis-
tered 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 ac-
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tion 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, sur-
veys, appraisals, and costs of making conveyances of omit-
ted 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 dismantle-
ment of temporary structures, and alteration and mainte-
nance of necessary buildings and appurtenant facilities to
which the United States has title; up to $100,000 for pay-
ments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of en-
forcement activities authorized or approved by the Sec-
retary and to be accounted for solely on her certificate,
not to exceed $10,000: Provided, That notwithstanding 44
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U.S.C. 501, the Bureau may, under cooperative cost-shar-
ing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with
jointly produced publications for which the cooperators
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 sections 28f and 28g of title 30, United States Code,
are amended:
(1) In section 28f(a), by striking the first sen-
tence and inserting, ‘‘The holder of each unpatented
mining claim, mill, or tunnel site, located pursuant
to the mining laws of the United States, whether lo-
cated before, on or after the enactment of this Act,
shall pay to the Secretary of the Interior, on or be-
fore September 1, 2002, a claim maintenance fee of
$100 per claim or site.’’; and
(2) In section 28g, by striking ‘‘and before Sep-
tember 30, 2001’’ and inserting in lieu thereof ‘‘and
before September 30, 2002’’.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and
Wildlife Service, for scientific and economic studies, con-
servation, management, investigations, protection, and
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utilization of fishery and wildlife resources, except whales,
seals, and sea lions, 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 agreements
and reimbursable agreements with public and private enti-
ties, $839,852,000, to remain available until September
30, 2003, except as otherwise provided herein, of which
$28,000,000 is for ‘‘Federal Infrastructure Improve-
ment’’, defined in section 250(c)(4)(E)(xiv) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act: Provided, That
fiscal year 2001 balances in the Federal Infrastructure
Improvement account for the United States Fish and
Wildlife Service shall be transferred to and merged with
this appropriation, and shall remain available until ex-
pended: Provided further, That not less than $2,000,000
shall be provided to local governments in southern Cali-
fornia for planning associated with the Natural Commu-
nities Conservation Planning (NCCP) program and shall
remain available until expended: Provided further, That
$2,000,000 is for high priority projects which shall be car-
ried out by the Youth Conservation Corps defined in sec-
tion 250(c)(4)(E) (xii) of the Balanced Budget and Emer-
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gency Deficit Control Act of 1985, as amended, for the
purposes of such Act: Provided further, That not to exceed
$8,476,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Spe-
cies Act, as amended, for species that are indigenous to
the United States (except for processing petitions, devel-
oping and issuing proposed and final regulations, and tak-
ing any other steps to implement actions described in sub-
section (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which
not to exceed $6,000,000 shall be used for any activity
regarding the designation of critical habitat, pursuant to
subsection (a)(3), 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 en-
forcement, up to $400,000 to remain available until ex-
pended, 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
miscellaneous and emergency expenses of enforcement ac-
tivity, authorized or approved by the Secretary and to be
accounted for solely on her certificate: Provided further,
That of the amount provided for environmental contami-
nants, up to $1,000,000 may remain available until ex-
pended for contaminant sample analyses.
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CONSTRUCTION
For construction, improvement, acquisition, or re-
moval of buildings and other facilities required in the con-
servation, management, investigation, protection, and uti-
lization of fishery and wildlife resources, and the acquisi-
tion of lands and interests therein; $48,849,000, to remain
available until expended.
LAND ACQUISITION
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable
to the United States Fish and Wildlife Service,
$104,401,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended,
and to be for the conservation activities defined in section
250(c)(4)(E)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for the purposes
of such Act: Provided, That none of the funds appro-
priated 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 Conservation Fund Act of 1965, as amended (16
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U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried
out on private lands, $50,000,000, to be derived from the
Land and Water Conservation Fund, to remain available
until expended, and to be for conservation spending cat-
egory activities pursuant to section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of discretionary spending lim-
its: Provided, That, hereafter, ‘‘Fish and Wildlife Service
Landowner Incentive Program’’ shall be considered to be
within the ‘‘State and Other Conservation sub-category’’
in section 250(c)(4)(G) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That the amount provided herein is for a
Landowner Incentive Program established by the Sec-
retary that provides matching, competitively awarded
grants to States, the District of Columbia, Tribes, Puerto
Rico, Guam, the United States Virgin Islands, the North-
ern Mariana Islands, and American Samoa, to establish,
or supplement existing, landowner incentive programs that
provide technical and financial assistance, including habi-
tat protection and restoration, to private landowners for
the protection and management of habitat to benefit feder-
ally listed, proposed, or candidate species, or other at-risk
species on private lands.
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STEWARDSHIP GRANTS
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried
out on private lands, $10,000,000, to be derived from the
Land and Water Conservation Fund, to remain available
until expended, and to be for conservation spending cat-
egory activities pursuant to section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of discretionary spending lim-
its: Provided, That hereafter, ‘‘Fish and Wildlife Service
Stewardship Grants’’ shall be considered to be within the
‘‘State and Other Conservation sub-category’’ in section
250(c)(4)(G) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further,
That the amount provided herein is for the Secretary to
establish a Private Stewardship Grants Program to pro-
vide grants and other assistance to individuals and groups
engaged in private conservation efforts that benefit feder-
ally listed, proposed, or candidate species, 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),
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as amended, $107,000,000, to be derived from the Cooper-
ative Endangered Species Conservation Fund, to remain
available until expended, and to be for the conservation
activities defined in section 250(c)(4)(E)(v) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $16,414,000, of which
$5,000,000 is for conservation spending category activities
pursuant to section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for
the purposes of discretionary spending limits: Provided,
That, hereafter, ‘‘Fish and Wildlife Service National Wild-
life Refuge Fund’’ shall be considered to be within the
‘‘Payments in Lieu of Taxes sub-category’’ in section
250(c)(4)(I) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
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, $45,000,000, to remain avail-
able until expended, and to be for the conservation activi-
ties defined in section 250(c)(4)(E)(vi) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of such Act: Provided, That,
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notwithstanding any other provision of law, amounts in
excess of funds provided in fiscal year 2001 shall be used
only for projects in the United States.
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), $5,000,000,
to remain available until expended, and to be for conserva-
tion spending category activities pursuant to section
251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of dis-
cretionary spending limits: Provided, That, hereafter,
‘‘Fish and Wildlife Service Neotropical Migratory Bird
Conservation’’ shall be considered to be within the ‘‘State
and 
Other 
Conservation 
sub-category’’ 
in 
section
250(c)(4)(G) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Ele-
phant Conservation Act (16 U.S.C. 4201–4203, 4211–
4213, 4221–4225, 4241–4245, and 1538), the Asian Ele-
phant Conservation Act of 1997 (Public Law 105–96; 16
U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva-
tion Act of 1994 (16 U.S.C. 5301–5306), and the Great
Ape Conservation Act of 2000 (16 U.S.C. 6301),
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$4,000,000, to remain available until expended: Provided,
That funds made available under this Act, Public Law
106–291, and Public Law 106–554 and hereafter in an-
nual approprations Acts for rhinoceros, tiger, Asian ele-
phant, and great ape conservation programs are exempt
from any sanctions imposed against any country under
section 102 of the Arms Export Control Act (22 U.S.C.
2799aa–1).
STATE 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, and
American Samoa, under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordina-
tion Act, for the development and implementation of pro-
grams for the benefit of wildlife and their habitat, includ-
ing species that are not hunted or fished, $100,000,000,
to be derived from the Land and Water Conservation
Fund, to remain available until expended, and to be for
the 
conservation 
activities 
defined 
in 
section
250(c)(4)(E)(vii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for the purposes
of such Act: Provided, That the Secretary shall, after de-
ducting administrative expenses, apportion the amount
provided herein in the following manner: (A) to the Dis-
trict of Columbia and to the Commonwealth of Puerto
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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 fur-
ther, That the Secretary shall apportion the remaining
amount in the following manner: 30 percent based on the
ratio to which the land area of such State bears to the
total land area of all such States; and 70 percent based
on the ratio to which the population of such State bears
to the total population of the United States, based on the
2000 United States Census; and the amounts so appor-
tioned shall be adjusted equitably so that no State shall
be apportioned a sum which is less than 1 percent of the
total amount available for apportionment or more than 10
percent: Provided further, That the Federal share of plan-
ning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation
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, terri-
tory, or other jurisdiction shall receive a grant unless it
has developed, or committed to develop by October 1,
2005, a comprehensive wildlife conservation plan, con-
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sistent with criteria established by the Secretary of the
Interior, that considers the broad range of the State, terri-
tory, or other jurisdiction’s wildlife and associated habi-
tats, with appropriate priority placed on those species with
the greatest conservation need and taking into consider-
ation the relative level of funding available for the con-
servation of those species: Provided further, That any
amount apportioned in 2002 to any State, territory, or
other jurisdiction that remains unobligated as of Sep-
tember 30, 2003, shall be reapportioned, together with
funds appropriated in 2004, in the manner provided here-
in.
TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to 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, $5,000,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended, and to be for conservation spending category
activities pursuant to section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of discretionary spending lim-
its: Provided, That, hereafter, ‘‘Fish and Wildlife Service
Tribal Wildlife Grants’’ shall be considered to be within
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the ‘‘State and Other Conservation sub-category’’ in sec-
tion 250(c)(4)(G) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 74 passenger motor vehicles, of
which 69 are for replacement only (including 32 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 rec-
reational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improve-
ment 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 re-
sources: Provided, That notwithstanding 44 U.S.C. 501,
the Service may, under cooperative cost sharing and part-
nership arrangements authorized by law, procure printing
services from cooperators in connection with jointly pro-
duced publications 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 meet-
ing accepted quality standards: Provided further, That the
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Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding
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 Wild-
life Refuge System unless the purchase is approved in ad-
vance by the House and Senate Committees on Appropria-
tions in compliance with the reprogramming procedures
contained in Senate Report 105–56.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, oper-
ation, and maintenance of areas and facilities adminis-
tered by the National Park Service (including special road
maintenance service to trucking permittees on a reimburs-
able basis), and for the general administration of the Na-
tional 
Park 
Service, 
$1,480,336,000, 
of 
which
$10,869,000 for research, planning and interagency co-
ordination in support of land acquisition for Everglades
restoration shall remain available until expended, and of
which $75,349,000, to remain available until expended, is
for maintenance repair or rehabilitation projects for con-
structed assets, operation of the National Park Service
automated facility management software system, and com-
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prehensive facility condition assessments; and of which
$2,000,000 is for the Youth Conservation Corps, defined
in section 250(c)(4)(E)(xii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for
the purposes of such Act, for high priority projects: Pro-
vided, 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 inci-
dents pursuant to established National Park Service pro-
cedures and those funds needed to maintain and repair
United States Park Police administrative facilities: Pro-
vided further, That park areas may 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 none of the funds in this
or any other Act may be used to fund a new Associate
Director position for Partnerships.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of
the United States Park Police, $65,260,000.
CONTRIBUTION FOR ANNUITY BENEFITS
For reimbursement pursuant to provisions of Public
Law 85–157, to the District of Columbia on a monthly
basis, for benefit payments by the District of Columbia
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to United States Park Police annuitants under the provi-
sions of the Policeman and Fireman’s Retirement and
Disability Act, to the extent those payments exceed con-
tributions made by active Park Police members covered
under the Act, such amounts as hereafter may be nec-
essary: Provided, That hereafter, appropriations made to
the National Park Service shall not be available for this
purpose.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage
partnership programs, environmental compliance and re-
view, international park affairs, statutory or contractual
aid for other activities, and grant administration, not oth-
erwise provided for, $51,804,000.
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.), $30,000,000, to remain available
until expended, and to be for the conservation activities
defined in section 250(c)(4)(E)(x) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470),
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and the Omnibus Parks and Public Lands Management
Act of 1996 (Public Law 104–333), $77,000,000, to be
derived from the Historic Preservation Fund, to remain
available until September 30, 2003, and to be for the con-
servation activities defined in section 250(c)(4)(E)(xi) of
the Balanced Budget and Emergency Deficit Control Con-
trol Act of 1985, as amended, for the purposes of such
Act: Provided, That, of the amount provided herein,
$5,000,000, to remain available until expended, is for a
grant for the perpetual care and maintenance 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, notwith-
standing 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, $30,000,000 shall be for
Save America’s Treasures for priority preservation
projects, including preservation of intellectual and cultural
artifacts, preservation of historic structures and sites, and
buildings to house cultural and historic resources and to
provide educational opportunities: Provided further, That
any individual Save America’s Treasures grant shall be
matched by non-Federal funds: Provided further, That in-
dividual projects shall only be eligible for one grant, and
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all projects to be funded shall be approved by the House
and Senate Committees on Appropriations prior to the
commitment of grant funds: Provided further, That Save
America’s Treasures funds allocated for Federal projects
shall be available by transfer to appropriate accounts of
individual agencies, after approval of such projects by the
Secretary of the Interior: Provided further, That none of
the funds provided for Save America’s Treasures may be
used for administrative expenses, and staffing for the pro-
gram shall be available from the existing staffing levels
in the National Park Service 2003.
CONSTRUCTION
For construction, improvements, repair or replace-
ment of physical facilities, including the modifications au-
thorized by section 104 of the Everglades National Park
Protection and Expansion Act of 1989, $349,249,000, of
which $50,000,000 is for ‘‘Federal Infrastructure Im-
provement’’, defined in section 250(c)(4)(E)(xiv) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2002
by 16 U.S.C. 460l–10a is rescinded.
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LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and
Water Conservation 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, $261,036,000, to be derived
from the Land and Water Conservation Fund, to remain
available until expended, and to be for the conservation
activities defined in section 250(c)(4)(E)(iii) of the Bal-
anced Budget and Emergency Deficit Control of 1985, as
amended, for the purposes of such Act, of which
$154,000,000 is for the State assistance program includ-
ing $4,000,000 to administer the State assistance pro-
gram: Provided, That of the amounts provided under this
heading, $16,000,000 may be for Federal grants to the
State of Florida for the acquisition of lands or waters,
or interests therein, within the Everglades watershed (con-
sisting of lands and waters within the boundaries of the
South Florida Water Management District, Florida Bay
and the Florida Keys, including the areas known as the
Frog Pond, the Rocky Glades and the Eight and One-Half
Square Mile Area) under terms and conditions deemed
necessary by the Secretary to improve and restore the
hydrological function of the Everglades watershed; and
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$20,000,000 may be for project modifications authorized
by section 104 of the Everglades National Park Protection
and Expansion Act: Provided further, That funds provided
under this heading for assistance to the State of Florida
to acquire lands within the Everglades watershed are con-
tingent upon new matching non-Federal funds by the
State and shall be subject to an agreement that the lands
to be acquired will be managed in perpetuity for the res-
toration of the Everglades: Provided further, That none
of the funds provided for the State Assistance program
may be used to establish a contingency fund.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 315 passenger
motor vehicles, of which 256 shall be for replacement only,
including not to exceed 237 for police-type use, 11 buses,
and 8 ambulances: Provided, That none of the funds ap-
propriated to the National Park Service may be used to
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Serv-
ice may be used to implement an agreement for the rede-
velopment of the southern end of Ellis Island until such
agreement has been submitted 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 Con-
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gress 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 circumstances relied upon in sup-
port of the proposed project.
None of the funds in this Act may be spent by the
National Park Service for activities taken in direct re-
sponse to the United Nations Biodiversity Convention.
The National Park Service may distribute to oper-
ating units based on the safety record of each unit the
costs of programs designed to improve workplace and em-
ployee safety, and to encourage employees receiving work-
ers’ 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, the Na-
tional Park Service may convey a leasehold or freehold in-
terest in Cuyahoga NP to allow for the development of
utilities and parking needed to support the historic Ever-
ett Church in the village of Everett, Ohio.
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UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geo-
logical Survey to perform surveys, investigations, and re-
search covering topography, geology, hydrology, biology,
and the mineral and water resources of the United States,
its territories and possessions, and other areas as author-
ized by 43 U.S.C. 31, 1332, and 1340; classify lands as
to their mineral and water resources; give engineering su-
pervision to power permittees and Federal Energy Regu-
latory Commission licensees; administer the minerals ex-
ploration program (30 U.S.C. 641); and publish and dis-
seminate 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;
$900,489,000, of which $64,318,000 shall be available
only for cooperation with States or municipalities for
water resources investigations; and of which $16,400,000
shall remain available until expended for conducting in-
quiries into the economic conditions affecting mining and
materials processing industries; and of which $18,942,000
shall be available until September 30, 2003 for the oper-
ation and maintenance of facilities and deferred mainte-
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nance; and of which $163,461,000 shall be available until
September 30, 2003 for the biological research activity
and the operation of the Cooperative Research Units: Pro-
vided, 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 of the
amount provided herein, $25,000,000 is for the conserva-
tion activities defined in section 250(c)(4)(viii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act: Provided fur-
ther, 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 car-
ried on in cooperation with States and municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geo-
logical 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 Serv-
ices Administration for security guard services; con-
tracting for the furnishing of topographic maps and for
the making of geophysical or other specialized surveys
when it is administratively determined that such proce-
dures are in the public interest; construction and mainte-
nance of necessary buildings and appurtenant facilities;
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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 admin-
istration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accom-
plished through the use of contracts, grants, or coopera-
tive agreements as defined in 31 U.S.C. 6302 et seq.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehi-
cles for replacement only, $149,867,000, of which
$83,344,000, shall be available for royalty management
activities; and an amount not to exceed $102,730,000, 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 ad-
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ministrative activities performed by the Minerals Manage-
ment Service over and above the rates in effect on Sep-
tember 30, 1993, and from additional fees for Outer Con-
tinental Shelf administrative activities established after
September 30, 1993: Provided, That to the extent
$102,730,000 in additions to receipts are not realized
from the sources of receipts stated above, the amount
needed to reach $102,730,000 shall be credited to this ap-
propriation 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 ac-
quisitions shall remain available until September 30,
2003: 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 fur-
ther, That not to exceed $3,000 shall be available for rea-
sonable expenses related to promoting volunteer beach and
marine cleanup activities: Provided further, That notwith-
standing any other provision of law, $15,000 under this
heading shall be available for refunds of overpayments in
connection with certain Indian leases in which the Direc-
tor of the Minerals Management Service (MMS) concurred
with the claimed refund due, to pay amounts owed to In-
dian allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That MMS may
HR 2217 RFS
under the royalty-in-kind pilot program use a portion of
the revenues from royalty-in-kind sales, without regard to
fiscal year limitation, to pay for transportation to whole-
sale market centers or upstream pooling points, and to
process or otherwise dispose of royalty production taken
in kind: Provided further, That MMS shall analyze and
document the expected return in advance of any royalty-
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 the exist-
ing royalty-in-value program, including the royalty valu-
ation procedures established by the final rule published by
the Minerals Management Service on March 15, 2000 (65
Fed. Reg. 14022 et seq.).
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,
$6,105,000, which shall be derived from the Oil Spill Li-
ability 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 Surface Mining Control and Reclamation Act of
1977, Public Law 95–87, as amended, including the pur-
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chase of not to exceed 10 passenger motor vehicles, for
replacement only; $102,900,000: Provided, That the Sec-
retary of the Interior, pursuant to regulations, may use
directly or through grants to States, moneys collected in
fiscal year 2002 for civil penalties assessed under section
518 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1268), to reclaim lands adversely af-
fected by coal mining practices after August 3, 1977, to
remain available until expended: Provided further, That
appropriations for the Office of Surface Mining Reclama-
tion and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Of-
fice 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 replace-
ment only, $203,554,000, 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 reclama-
tion of abandoned sites with acid mine rock drainage from
coal mines, and for associated activities, through the Ap-
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palachian Clean Streams Initiative: Provided, That grants
to minimum program States will be $1,500,000 per State
in fiscal year 2002: 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-
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ities of the Surface Mining Control and Reclamation Act:
Provided further, That, in addition to the amount granted
to the Commonwealth of Pennsylvania under sections 402
(g)(1) and 402(g)(5) of the Surface Mining Control and
Reclamation Act (Act), an additional $500,000 will be spe-
cifically used for the purpose of conducting a demonstra-
tion project in accordance with section 401(c)(6) of the
Act to determine the efficacy of improving water quality
by removing metals from eligible waters polluted by acid
mine drainage.
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, $1,790,781,000, to remain available until
September 30, 2003 except as otherwise provided herein,
of which not to exceed $89,864,000 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
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$130,209,000 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 2002, 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 up to
$3,000,000 shall be for the Indian Self-Determination
Fund which shall be available for the transitional cost of
initial or expanded tribal contracts, grants, compacts or
cooperative agreements with the Bureau under such Act;
and of which not to exceed $436,427,000 for school oper-
ations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2002, and
shall remain available until September 30, 2003; and of
which not to exceed $58,394,000 shall remain available
until expended for housing improvement, road mainte-
nance, attorney fees, litigation support, the Indian Self-
Determination Fund, land records improvement, and the
Navajo-Hopi Settlement Program: Provided, That not-
withstanding 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 $43,065,000
HR 2217 RFS
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
the operation of Bureau-funded schools: Provided further,
That any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2003, may be transferred
during fiscal year 2004 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, 2004.
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, $357,132,000, 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
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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 2002, 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-
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cerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2508(e): Provided further, That notwith-
standing any other provision of law, not to exceed
$450,000 in collections from settlements between the
United States and contractors concerning the Dunseith
Day School are to be made available for school construc-
tion in fiscal year 2002 and thereafter.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and in-
dividuals and for necessary administrative expenses,
$60,949,000, to remain available until expended; of which
$24,870,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 101–618 and 102–575, and for implemen-
tation of other enacted water rights settlements; of which
$7,950,000 shall be available for future water supplies fa-
cilities under Public Law 106–163; of which $21,875,000
shall be available pursuant to Public Laws 99–264, 100–
580, 106–263, 106–425, 106–554, and 106–568; and of
which $6,254,000 shall be available for the consent decree
entered by the United States District Court, Western Dis-
trict of Michigan in United States v. Michigan, Case No.
2:73 CV 26.
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INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans, $4,500,000, as au-
thorized by the Indian Financing Act of 1974, as amend-
ed: Provided, That such costs, including the cost of modi-
fying 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
$75,000,000.
In addition, for administrative expenses to carry out
the guaranteed loan programs, $486,000.
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.
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
HR 2217 RFS
operations, pooled overhead general administration (except
facilities operations and maintenance), or provided to im-
plement the recommendations of the National Academy of
Public Administration’s August 1999 report 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
HR 2217 RFS
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, U.S.C. (commonly known as the ‘‘Federal Tort
Claims Act’’).
HR 2217 RFS
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$72,289,000, of which: (1) $67,761,000 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) $4,528,000 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,
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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 funds provided herein
for American Samoa government operations, the Secretary
is directed to use up to $20,000 to increase compensation
of the American Samoa High Court Justices: Provided
further, That of the amounts provided for technical assist-
ance, not to exceed $1,339,000 shall be made available
for transfer to the Disaster Assistance Direct Loan Fi-
nancing Account of the Federal Emergency Management
Agency for the purpose of covering the cost of forgiving
the repayment obligation of the Government of the Virgin
Islands on Community Disaster Loan 841, as required by
section 504 of the Congressional Budget Act of 1974, as
amended (2 U.S.C. 661c): Provided further, That to the
extent that the cost of forgiving the repayment obligation
exceeds the $1,339,000 provided in this Act, the Secretary
of the Interior shall transfer up to $2,161,000 of unex-
pended appropriations for United States Virgin Islands
construction grants provided pursuant to Public Law 102–
154 to the Federal Emergency Management Agency to
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meet the full costs associated with forgiveness of the Hur-
ricane Hugo Community Disaster Loan: Provided further,
That of the amounts provided for technical assistance, suf-
ficient funding shall be made available for a grant to the
Close Up Foundation: Provided further, That the funds
for the program of operations and maintenance improve-
ment are appropriated to institutionalize routine oper-
ations and maintenance improvement of capital infrastruc-
ture (with territorial participation and cost sharing to be
determined by the Secretary based on the grantees com-
mitment to timely maintenance of its capital assets): Pro-
vided further, That any appropriation for disaster assist-
ance under this heading in this Act or previous appropria-
tions Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pur-
suant 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 122, 221,
223, 232, 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 122, 221,
223, 232, and 233 of the Compact of Free Association,
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$23,245,000, to remain available until expended, as au-
thorized 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, $64,177,000 (reduced by
$9,000,000), of which not to exceed $8,500 may be for
official reception and representation expenses, of which up
to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments as-
sociated with the orderly closure of the United States Bu-
reau of Mines.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$45,000,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $30,490,000.
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, $99,224,000, to remain available until ex-
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pended: Provided, That funds for trust management im-
provements may be transferred, as needed, to the Bureau
of Indian Affairs ‘‘Operation of Indian Programs’’ account
and to the Departmental Management ‘‘Salaries and Ex-
penses’’ account: Provided further, That funds made avail-
able to Tribes and Tribal organizations through contracts
or grants obligated during fiscal year 2002, as authorized
by the Indian Self-Determination Act of 1975 (25 U.S.C.
450 et seq.), shall remain available until expended by the
contractor or grantee: Provided further, That notwith-
standing any other provision of law, the statute of limita-
tions shall not commence to run on any claim, including
any claim in litigation pending on the date of the enact-
ment 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-
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drawn upon the express written request of the account
holder.
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, $10,980,000, to remain available
until expended and which may be transferred to the Bu-
reau of Indian Affairs and Departmental Management.
NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment ac-
tivities by the Department of the Interior necessary to
carry out the provisions of the Comprehensive Environ-
mental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), Federal Water Pollu-
tion 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 amend-
ed (16 U.S.C. 19jj et seq.), $5,497,000, to remain avail-
able until expended.
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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-
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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
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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
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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.
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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 leasing and related activities placed under re-
striction 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;
the eastern Gulf of Mexico south of 26 degrees north lati-
tude 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
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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
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(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 activities pursuant
to the Trust Management Improvement Project High
Level Implementation Plan.
SEC. 114. A grazing permit or lease that expires (or
is transferred) during fiscal year 2002 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-
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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.
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
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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 2002. Under circumstances of dual
enrollment, overlapping service areas or inaccurate dis-
tribution methodologies, the 10 percent limitation does not
apply.
SEC. 117. None of the funds in this Act may be used
to establish a new National Wildlife Refuge in the Kan-
kakee River basin that is inconsistent with the United
States Army Corps of Engineers’ efforts to control flood-
ing and siltation in that area. Written certification of con-
sistency shall be submitted to the House and Senate Com-
mittees on Appropriations prior to refuge establishment.
SEC. 118. Funds appropriated for the Bureau of In-
dian Affairs for postsecondary schools for fiscal year 2002
shall be allocated among the schools proportionate to the
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unmet need of the schools as determined by the Postsec-
ondary Funding Formula adopted by the Office of Indian
Education Programs.
SEC. 119. (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. 120. 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. 121. 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-
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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. 122. Section 412(b) of the National Parks Om-
nibus Management Act of 1998, as amended (16 U.S.C.
5961) is amended by striking ‘‘2001’’ and inserting
‘‘2002’’.
SEC. 123. 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. 124. 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
2001, 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. 125. TRIBAL SCHOOL CONSTRUCTION DEM-
ONSTRATION PROGRAM. (a) DEFINITIONS.—In this sec-
tion:
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(1) CONSTRUCTION.—The term ‘‘construction’’,
with respect to a tribally controlled school, includes
the construction or renovation of that school.
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given that term in section 4(e) of
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(4) TRIBALLY
CONTROLLED
SCHOOL.—The
term ‘‘tribally controlled school’’ has the meaning
given that term in section 5212 of the Tribally Con-
trolled Schools Act of 1988 (25 U.S.C. 2511).
(5) DEPARTMENT.—The term ‘‘Department’’
means the Department of the Interior.
(6) DEMONSTRATION
PROGRAM.—The term
‘‘demonstration program’’ means the Tribal School
Construction Demonstration Program.
(b) IN GENERAL.—The Secretary shall carry out a
demonstration program to provide grants to Indian tribes
for the construction of tribally controlled schools.
(1) IN GENERAL.—Subject to the availability of
appropriations, in carrying out the demonstration
program under subsection (b), the Secretary shall
award a grant to each Indian tribe that submits an
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application that is approved by the Secretary under
paragraph (2). The Secretary shall ensure that an
eligible Indian tribe currently on the Department’s
priority list for construction of replacement edu-
cational facilities receives the highest priority for a
grant under this section.
(2) GRANT APPLICATIONS.—An application for
a grant under the section shall—
(A) include a proposal for the construction
of a tribally controlled school of the Indian tribe
that submits the application; and
(B) be in such form as the Secretary deter-
mines appropriate.
(3) GRANT AGREEMENT.—As a condition to re-
ceiving a grant under this section, the Indian tribe
shall enter into an agreement with the Secretary
that specifies—
(A) the costs of construction under the
grant;
(B) that the Indian tribe shall be required
to contribute towards the cost of the construc-
tion a tribal share equal to 50 percent of the
costs; and
(C) any other term or condition that the
Secretary determines to be appropriate.
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(4) ELIGIBILITY.—Grants awarded under the
demonstration program shall only be for construc-
tion of replacement tribally controlled schools.
(c) EFFECT OF GRANT.—A grant received under this
section shall be in addition to any other funds received
by an Indian tribe under any other provision of law. The
receipt of a grant under this section shall not affect the
eligibility of an Indian tribe receiving funding, or the
amount of funding received by the Indian tribe, under the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.) or the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
SEC. 126. WHITE RIVER OIL SHALE MINE, UTAH.
(a) SALE.—The Administrator of General Services (re-
ferred to in this section as the ‘‘Administrator’’) shall sell
all right, title, and interest of the United States in and
to the improvements and equipment described in sub-
section (b) that are situated on the land described in sub-
section (c) (referred to in this section as the ‘‘Mine’’).
(b) DESCRIPTION OF IMPROVEMENTS AND EQUIP-
MENT.—The improvements and equipment referred to in
subsection (a) are the following improvements and equip-
ment associated with the Mine:
(1) Mine Service Building.
(2) Sewage Treatment Building.
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(3) Electrical Switchgear Building.
(4) Water Treatment Building/Plant.
(5) Ventilation/Fan Building.
(6) Water Storage Tanks.
(7) Mine Hoist Cage and Headframe.
(8) Miscellaneous Mine-related equipment.
(c) DESCRIPTION OF LAND.—The land referred to in
subsection (a) is the land located in Uintah County, Utah,
known as the ‘‘White River Oil Shale Mine’’ and described
as follows:
(1) T. 10 S., R. 24 E., Salt Lake Meridian, sec-
tions 12 through 14, 19 through 30, 33, and 34.
(2) T. 10 S., R. 25 E., Salt Lake Meridian, sec-
tions 18 and 19.
(d) USE OF PROCEEDS.—The proceeds of the sale
under subsection (a)—
(1) shall be deposited in a special account in
the Treasury of the United States; and
(2) shall be available until expended, without
further Act of appropriation—
(A) first, to reimburse the Administrator
for the direct costs of the sale; and
(B) second, to reimburse the Bureau of
Land Management Utah State Office for the
costs of closing and rehabilitating the Mine.
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(e) MINE CLOSURE
AND REHABILITATION.—The
closing and rehabilitation of the Mine (including closing
of the mine shafts, site grading, and surface revegetation)
shall be conducted in accordance with—
(1) the regulatory requirements of the State of
Utah, the Mine Safety and Health Administration,
and the Occupational Safety and Health Administra-
tion; and
(2) other applicable law.
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, $236,979,000, to remain
available until expended.
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, cooperative forestry, and education and land
conservation activities and conducting an international
program as authorized, $277,771,000, to remain available
until expended, as authorized by law, of which
$60,000,000 is for the Forest Legacy Program,
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$8,000,000 is for the Stewardship Incentives Program,
and $36,000,000 is for the Urban and Community For-
estry Program, defined in section 250(c)(4)(E)(ix) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act: Provided,
That, hereafter, ‘‘Forest Service State and Private For-
estry, Stewardship Incentives Program’’ shall be consid-
ered to be within the ‘‘State and Other Conservation sub-
category’’ in section 250(c)(4)(G) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That none of the funds provided under
this heading for the acquisition of lands or interests in
lands shall be available until the House Committee on Ap-
propriations and the Senate Committee on Appropriations
provide to the Secretary, in writing, a list of specific acqui-
sitions to be undertaken with such funds.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not
otherwise provided, for management, protection, improve-
ment, and utilization of the National Forest System,
$1,326,445,000 (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
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(16 U.S.C. 460l–6a(i)): Provided, That unobligated bal-
ances available at the start of fiscal year 2002 shall be
displayed by budget line item in the fiscal year 2003 budg-
et justification: Provided further, That the Secretary may
authorize the expenditure or transfer of such sums as nec-
essary to the Department of the Interior, Bureau of Land
Management for removal, preparation, and adoption of ex-
cess wild horses and burros from National Forest System
lands.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other
lands under fire protection agreement, and for emergency
rehabilitation of burned-over National Forest System
lands and water, $1,402,305,000, 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 2000 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-
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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 these funds
for Fire Science Research: Provided further, That funds
provided shall be available for emergency rehabilitation
and restoration, hazard 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,
$227,010,000 
is 
for 
hazardous 
fuel 
treatment,
$81,000,000 is for rehabilitation and restoration,
$38,000,000 is for capital improvement and maintenance
of fire facilities, $27,265,000 is for research activities and
to make competitive research grants pursuant to the For-
est and Rangeland Renewable Resources Research Act, as
amended (16 U.S.C. 1641 et seq.), $50,383,000 is for
state fire assistance, $8,262,000 is for volunteer fire as-
sistance, $11,974,000 is for forest health activities on
state, private, and Federal lands, and $12,472,000 is for
economic action programs: Provided further, That
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amounts in this paragraph may be transferred to the
‘‘State and Private Forestry’’, ‘‘National Forest System’’,
‘‘Forest and Rangeland Research’’, and ‘‘Capital Improve-
ment and Maintenance’’ accounts to fund state fire assist-
ance, volunteer fire assistance, and forest health manage-
ment, vegetation and watershed management, heritage site
rehabilitation, wildlife and fish habitat management, trails
and facilities maintenance and restoration: Provided fur-
ther, That transfers of any amounts in excess of those au-
thorized in this paragraph, shall require approval of the
House and Senate Committees on Appropriations in com-
pliance with reprogramming procedures contained in
House Report No. 105–163: Provided further, That the
costs of implementing any cooperative agreement between
the Federal government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties:
Provided further, That in entering into such grants or co-
operative agreements, the Secretary may consider the en-
hancement of local and small business employment oppor-
tunities for rural communities, and that in entering into
procurement contracts under this section on a best value
basis, the Secretary may take into account the ability of
an entity to enhance local and small business employment
opportunities in rural communities, and that the Secretary
may award procurement contracts, grants, or cooperative
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(B) Youth Conservation Corps crews or re-
lated partnerships, with State, local and non-
profit youth groups;
(C) small or micro-businesses; or
(D) other entities that will hire or train a
significant percentage of local people to com-
plete such contracts. The authorities described
above relating to contracts, grants, and cooper-
ative agreements are available until all funds
provided in this title for hazardous fuels reduc-
tion activities in the urban wildland interface
are obligated.
(2)(A) The Secretary of Agriculture may trans-
fer or reimburse funds to the United States Fish
and Wildlife Service of the Department of the Inte-
rior, or the National Marine Fisheries Service of the
Department of Commerce, for the costs of carrying
out their responsibilities under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.) to consult
and conference as required by section 7 of such Act
in connection with wildland fire management activi-
ties in fiscal years 2001 and 2002.
(B) Only those funds appropriated for fiscal
years 2001 and 2002 to Forest Service (USDA) for
wildland fire management are available to the Sec-
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retary of Agriculture for such transfer or reimburse-
ment.
(C) The amount of the transfer or reimburse-
ment shall be as mutually agreed by the Secretary
of Agriculture and the Secretary of the Interior or
Secretary of Commerce, as applicable, or their des-
ignees. The amount shall in no case exceed the ac-
tual costs of consultation and conferencing in con-
nection with wildland fire management activities af-
fecting National Forest System lands.
For an additional amount, to liquidate obligations
previously incurred, $274,147,000.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not
otherwise provided for, $535,513,000, to remain available
until expended for construction, reconstruction, mainte-
nance and acquisition of buildings and other facilities, and
for construction, reconstruction, repair and maintenance
of forest roads and trails by the Forest Service as author-
ized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205,
of which $50,000,000 is for ‘‘Federal Infrastructure Im-
provement’’, defined in section 250(c)(4)(E)(xiv) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act: Provided,
That fiscal year 2001 balances in the Federal Infrastruc-
ture Improvement account for the Forest Service shall be
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transferred to and merged with this appropriation, and
shall remain available until expended: Provided further,
That up to $15,000,000 of the funds provided herein for
road maintenance shall be available for the decommis-
sioning 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 de-
commission any system road until notice and an oppor-
tunity for public comment has been provided on each de-
commissioning 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, $130,877,000 to
be derived from the Land and Water Conservation Fund,
to remain available until expended, and to be for the con-
servation activities defined in section 250(c)(4)(E)(iv) of
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, for the purposes of such Act.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior bound-
aries of the Cache, Uinta, and Wasatch National Forests,
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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 pursuant to the Act of December 4, 1967, as
amended (16 U.S.C. 484a), to remain available until ex-
pended.
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.
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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 Conserva-
tion Act (Public Law 96–487), $5,488,000, to remain
available until expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (1) purchase of not to
exceed 132 passenger motor vehicles of which eight will
be used primarily for law enforcement purposes and of
which 130 shall be for replacement; acquisition of 25 pas-
senger motor vehicles from excess sources, and hire of
such vehicles; operation and maintenance of aircraft, the
purchase of not to exceed seven for replacement only, and
acquisition of sufficient aircraft from excess sources to
maintain the operable fleet at 195 aircraft for use in For-
est Service wildland fire programs and other Forest Serv-
ice programs; notwithstanding other provisions of law, ex-
isting 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 alter-
ation of buildings and other public improvements (7
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U.S.C. 2250); (4) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a,
558d, and 558a note); (5) the cost of uniforms as author-
ized by 5 U.S.C. 5901–5902; and (6) for debt collection
contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Sec-
retary 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.
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.
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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 House Report No. 105–163.
None of the funds available to the Forest Service may
be reprogrammed without the advance approval of the
House and Senate Committees on Appropriations in ac-
cordance with the procedures contained in House Report
No. 105–163.
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, defined in section 250(c)(4)(E)(xii) of the Bal-
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anced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act.
Of the funds available to the Forest Service, $2,500
is available to the Chief of the Forest Service for official
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,
up to $2,250,000 may be advanced in a lump sum as Fed-
eral financial assistance to the National Forest Founda-
tion, without regard to when the Foundation incurs ex-
penses, for administrative expenses or projects on or bene-
fitting National 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 con-
tributions to match on at least one-for-one basis funds
made available 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: Provided further, That hereafter, the National For-
est Foundation may hold Federal funds made available
but not immediately disbursed and may use any interest
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or other investment income earned (before, on, or after
the date of the enactment of this Act) on Federal funds
to carry out the purposes of Public Law 101–593: Pro-
vided further, That such investments may be made only
in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest
by the United States.
Pursuant to section 2(b)(2) of Public Law 98–244,
$2,650,000 of the funds available to the Forest Service
shall be available for matching funds to the National Fish
and Wildlife Foundation, as authorized by 16 U.S.C.
3701–3709, and may be advanced in a lump sum as Fed-
eral financial assistance, without regard to when expenses
are incurred, for projects on or benefitting National For-
est System lands or related to Forest Service programs:
Provided, That the Foundation shall obtain, by the end
of the period of Federal financial assistance, private con-
tributions to match on at least one-for-one basis funds ad-
vanced 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-
HR 2217 RFS
sistance to rural communities for sustainable rural devel-
opment purposes.
Notwithstanding any other provision of law, 80 per-
cent of the funds appropriated to the Forest Service in
the ‘‘National Forest System’’ and ‘‘Capital Improvement
and Maintenance’’ accounts and planned to be allocated
to activities under the ‘‘Jobs in the Woods’’ program for
projects on National Forest land in the State of Wash-
ington may be granted directly to the Washington State
Department of Fish and Wildlife for accomplishment of
planned projects. 20 percent of said funds shall be re-
tained by the Forest Service for planning and admin-
istering projects. Project selection and prioritization shall
be accomplished by the Forest Service with such consulta-
tion with the State of Washington as the Forest Service
deems appropriate.
Funds appropriated to the Forest Service shall be
available for payments to counties within the Columbia
River Gorge National Scenic Area, pursuant to sections
14(c)(1) and (2), and section 16(a)(2) of Public Law 99–
663.
The Secretary of Agriculture is authorized to enter
into grants, contracts, and cooperative agreements as ap-
propriate with the Pinchot Institute for Conservation, as
well as with public and other private agencies, organiza-
HR 2217 RFS
tions, institutions, and individuals, to provide for the de-
velopment, administration, maintenance, or restoration of
land, facilities, or Forest Service programs, at the Grey
Towers National Historic Landmark: Provided, That, sub-
ject to such terms and conditions as the Secretary of Agri-
culture may prescribe, any such public or private agency,
organization, institution, or individual may solicit, accept,
and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the ac-
tivities and services at the Grey Towers National Historic
Landmark: Provided further, That such gifts may be ac-
cepted notwithstanding the fact that a donor conducts
business with the Department of Agriculture in any capac-
ity.
Funds appropriated to the Forest Service shall be
available, as determined by the Secretary, for payments
to Del Norte County, California, pursuant to sections
13(e) and 14 of the Smith River National Recreation Area
Act (Public Law 101–612).
Notwithstanding any other provision of law, any ap-
propriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office
of the General Counsel (OGC), Department of Agri-
culture, for travel and related expenses incurred as a re-
sult of OGC assistance or participation requested by the
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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.
No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded
by this Act to any other agency or office of the department
for more than 30 days unless the individual’s employing
agency or office is fully reimbursed by the receiving agency
or office for the salary and expenses of the employee for
the period of assignment.
The Forest Service shall fund indirect expenses, that
is expenses not directly related to specific programs or to
the accomplishment of specific work on-the-ground, from
any funds available to the Forest Service: Provided, That
the Forest Service shall implement and adhere to the defi-
nitions of indirect expenditures established pursuant to
Public Law 105–277 on a nationwide basis without flexi-
bility for modification by any organizational level except
the Washington Office, and when changed by the Wash-
ington Office, such changes in definition shall be reported
in budget requests submitted by the Forest Service: Pro-
vided further, That the Forest Service shall provide in all
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future budget justifications, planned indirect expenditures
in accordance with the definitions, summarized and dis-
played to the Regional, Station, Area, and detached unit
office level. The justification shall display the estimated
source and amount of indirect expenditures, by expanded
budget line item, of funds in the agency’s annual budget
justification. The display shall include appropriated funds
and the Knutson-Vandenberg, Brush Disposal, Coopera-
tive Work-Other, and Salvage Sale funds. Changes be-
tween estimated and actual indirect expenditures shall be
reported in subsequent budget justifications: Provided,
That during fiscal year 2002 the Secretary shall limit total
annual indirect obligations from the Brush Disposal,
Knutson-Vandenberg, Reforestation, Salvage Sale, and
Roads and Trails funds to 20 percent of the total obliga-
tions from each fund. Obligations in excess of 20 percent
which would otherwise be charged to the above funds may
be charged to appropriated funds available to the Forest
Service subject to notification of the Committees on Ap-
propriations of the House and Senate.
Any appropriations or funds available to the Forest
Service may be used for necessary expenses in the event
of law enforcement emergencies as necessary to protect
natural resources and public or employee safety: Provided,
That such amounts shall not exceed $750,000.
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The Secretary of Agriculture may authorize the sale
of excess buildings, facilities, and other properties owned
by the Forest Service and located on the Green Mountain
National Forest, the revenues of which shall be retained
by the Forest Service and available to the Secretary with-
out further appropriation and until expended for mainte-
nance and rehabilitation activities on the Green Mountain
National Forest.
DEPARTMENT OF ENERGY
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), $579,000,000, to remain available until ex-
pended, of which $150,000,000 is to be available, after
coordination with the private sector, for a request for pro-
posals for a Clean Coal Power Initiative providing for com-
petitively-awarded research, development and demonstra-
HR 2217 RFS
tion of commercial scale technologies to reduce the bar-
riers to continued and expanded coal use: Provided, That
all awards shall be cost-shared with industry participants:
Provided further, That in order to enhance the return to
the taxpayer, provisions for royalties from commercializa-
tion of funded technologies shall be included in the pro-
gram solicitation, including provisions for reasonable roy-
alties from sale or licensing of technologies from both do-
mestic and foreign transactions: Provided further, That no
part of the sum herein made available shall be used for
the field testing of nuclear explosives in the recovery of
oil and gas: Provided further, That up to 4 percent of pro-
gram direction funds available to the National Energy
Technology Laboratory may be used to support Depart-
ment of Energy activities not included in this account.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out engineering stud-
ies to determine thecost of development, the predicted rate
and quantity of petroleum recovery, the methodology, and
the equipment specifications for development of Shannon
Formation at Naval Petroleum Reserve Numbered 3, uti-
lizing 
a 
below-the-reservoir 
production 
method,
$17,371,000, to remain available until expended: Pro-
vided, That, notwithstanding any other provision of law,
unobligated funds remaining from prior years shall be
HR 2217 RFS
available for all naval petroleum and oil shale reserve ac-
tivities.
ELK HILLS SCHOOL LANDS FUND
(INCLUDING TRANSFER OF FUNDS)
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 be derived by transfer from
funds appropriated in prior years under the heading
‘‘Clean Coal Technology’’.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $940,805,000 to remain available
until expended: Provided, That $311,000,000 shall be for
use in energy conservation grant programs as defined in
section 3008(3) of Public Law 99–509 (15 U.S.C. 4507):
Provided further, That notwithstanding section 3003(d)(2)
of Public Law 99–509, such sums shall be allocated to
the eligible programs as follows: $249,000,000 for weath-
erization assistance grants and $62,000,000 for State en-
ergy conservation grants: Provided further, That the Sec-
retary of Energy may waive up to 50 percent of the cost-
sharing requirement for weatherization assistance for a
State which he finds to be experiencing fiscal hardship or
major changes in energy markets or suppliers or other
HR 2217 RFS
temporary limitations on its ability to provide matching
funds, provided that the State is demonstrably engaged
in continuing activities to secure non-Federal resources
and that such waiver is limited to 1 fiscal year and that
no State may be granted such waiver more than twice:
Provided further, That, hereafter, Indian tribal direct
grantees of weatherization assistance shall not be required
to provide matching funds.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Office of Hearings and Appeals, $1,996,000, to re-
main available until expended.
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.), $179,009,000, to remain available until expended,
of which $8,000,000 shall be available for maintenance of
a Northeast Home Heating Oil Reserve.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $78,499,000,
to remain available until expended.
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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.
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
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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.
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
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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, $2,390,014,000, 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-
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 $15,000,000 shall remain available
until expended, for the Indian Catastrophic Health Emer-
gency Fund: Provided further, That $445,776,000 for con-
tract medical care shall remain available for obligation
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until September 30, 2003: Provided further, That of the
funds provided, up to $22,000,000 shall be used to carry
out the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further,
That funds provided in this Act may be used for 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 fur-
ther, 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 re-
main available until expended for the purpose of achieving
compliance with the applicable conditions and require-
ments of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new fa-
cilities): Provided further, That funding contained herein,
and in any earlier appropriations Acts for scholarship pro-
grams under the Indian Health Care Improvement Act
(25 U.S.C. 1613) shall remain available for obligation
until September 30, 2003: Provided further, That amounts
received by tribes and tribal organizations under title IV
of the Indian Health Care Improvement Act shall be re-
ported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided
further, That, notwithstanding any other provision of law,
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of the amounts provided herein, not to exceed
$268,234,000 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 2002, of which not to exceed
$20,000,000 may be used for contract support costs asso-
ciated with new or expanded self-determination contracts,
grants, self-governance compacts or annual funding agree-
ments: Provided further, That such costs should be paid
at a rate commensurate with existing contracts and no
new or expanded self-determination contracts, grants, self-
governance compacts or annual funding agreements shall
be entered into once the $20,000,000 has been committed:
Provided further, That no existing self-determination con-
tract, grant, self-governance compact or annual funding
agreement shall receive direct contract support costs in ex-
cess of the amount received in fiscal year 2001 for such
costs: 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.
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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,
$369,795,000, 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 start a priority project for
the acquisition of land, planning, design and construction
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of 79 staff quarters at Bethel, Alaska, subject to a nego-
tiated project agreement between the YKHC and the In-
dian Health Service: Provided further, That this project
shall not be subject to the construction provisions of the
Indian Self-Determination and Education Assistance Act
and shall be removed from the Indian Health Service pri-
ority list upon completion: Provided further, That the Fed-
eral Government shall not be liable for any property dam-
ages or other construction claims that may arise from
YKHC undertaking this project: Provided further, That
the land shall be owned or leased by the YKHC and title
to quarters shall remain vested with the YKHC: Provided
further, That $5,000,000 shall remain available until ex-
pended for the purpose of funding up to two joint venture
health care facility projects authorized under the Indian
Health Care Improvement Act, as amended: Provided fur-
ther, That priority, by rank order, shall be given to tribes
with outpatient projects on the existing Indian Health
Services priority list that have Service-approved planning
documents, and can demonstrate by March 1, 2002, the
financial capability necessary to provide an appropriate fa-
cility: Provided further, That joint venture funds
unallocated after March 1, 2002, shall be made available
for joint venture projects on a competitive basis giving pri-
ority to tribes that currently have no existing federally-
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owned health care facility, have planning documents meet-
ing Indian Health Service requirements prepared for ap-
proval by the Service and can demonstrate the financial
capability needed to provide an appropriate facility: Pro-
vided further, That the Indian Health Service shall request
additional staffing, operation and maintenance funds for
these facilities in future budget requests: Provided further,
That not to exceed $500,000 shall be used by the Indian
Health Service to purchase TRANSAM equipment from
the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That
not to exceed $500,000 shall be used by the Indian Health
Service to obtain ambulances for the Indian Health Serv-
ice and tribal facilities in conjunction with an existing
interagency agreement between the Indian Health Service
and the General Services Administration: Provided further,
That not to exceed $500,000 shall be placed in a Demoli-
tion Fund, available until expended, to be used by the In-
dian Health Service for demolition of Federal buildings:
Provided further, That notwithstanding the provisions of
title III, section 306, of the Indian Health Care Improve-
ment Act (Public Law 94–437, as amended), construction
contracts authorized under title I of the Indian Self-Deter-
mination and Education Assistance Act of 1975, as
amended, may be used rather than grants to fund small
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ambulatory facility construction projects: Provided further,
That if a contract is used, the IHS is authorized to im-
prove municipal, private, or tribal lands, and that at no
time, during construction or after completion of the
project will the Federal Government have any rights or
title to any real or personal property acquired as a part
of the contract.
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 therefore as au-
thorized by 5 U.S.C. 5901–5902; and for expenses of at-
tendance at meetings which are concerned with the func-
tions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or
management of those functions or activities.
In accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may
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be extended health care at all tribally administered or In-
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.
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None of the funds made available to the Indian
Health Service in this Act shall be used to implement the
final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human 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.
Funds made available in this Act are to be appor-
tioned to the Indian Health Service as appropriated in this
Act, and accounted for in the appropriation structure set
forth in this Act.
With respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian
Health Service is authorized to provide goods and services
to those entities, on a reimbursable basis, 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.
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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.
The appropriation structure for the Indian Health
Service may not be altered without advance approval of
the House and Senate Committees on Appropriations.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, $15,148,000, to remain available until expended:
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-
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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
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), $4,490,000.
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
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(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, $396,200,000, of
which not to exceed $53,030,000 is for the instrumenta-
tion program, collections acquisition, Museum Support
Center equipment and move, exhibition reinstallation, the
National Museum of the American Indian, the repatriation
of skeletal remains program, research equipment, informa-
tion management, Latino programming, and outreach,
and including such funds as may be necessary 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 appropria-
tions designated in this Act for lease or rent payments
for long term and swing space, as rent payable to the
Smithsonian Institution, and such rent payments may be
deposited into the general trust funds of the Institution
to the extent that federally supported activities are housed
in the 900 H Street, N.W. building in the District of Co-
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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-
curred to finance the costs of acquiring the 900 H Street
building or of planning, designing, and constructing im-
provements to such building.
REPAIR, RESTORATION AND ALTERATION OF FACILITIES
For necessary expenses of maintenance, repair, res-
toration, and alteration of facilities owned or occupied by
the Smithsonian Institution, by contract or otherwise, as
authorized by section 2 of the Act of August 22, 1949
(63 Stat. 623), including not to exceed $10,000 for serv-
ices as authorized by 5 U.S.C. 3109, $67,900,000, to re-
main available until expended, of which $10,000,000 is
provided for maintenance, repair, rehabilitation and alter-
ation of facilities at the National Zoological Park: Pro-
vided, That contracts awarded for environmental systems,
protection systems, and repair or restoration of facilities
of the Smithsonian Institution may be negotiated with se-
lected contractors and awarded on the basis of contractor
qualifications as well as price.
CONSTRUCTION
For 
necessary 
expenses 
for 
construction,
$30,000,000, to remain available until expended.
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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
science programs including closure of facilities, relocation
of staff or redirection of functions and programs without
approval by the Board of Regents of recommendations re-
ceived from the Science Commission.
None of the funds 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 House Report
No. 105–163.
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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, $68,967,000, of which not to exceed $3,026,000 for
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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, $14,220,000, 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, $15,000,000.
CONSTRUCTION
For necessary expenses for capital repair and restora-
tion of the existing features of the building and site of
the John F. Kennedy Center for the Performing Arts,
$19,000,000, to remain available until expended.
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WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
1356) including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $7,796,000.
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965,
as amended, $98,234,000, shall be available to the Na-
tional Endowment for the Arts for the support of projects
and productions in the arts through assistance to organi-
zations and individuals pursuant to sections 5(c) and 5(g)
of the Act, for program support, and for administering
the functions of the Act, to remain available until ex-
pended: Provided, That funds previously appropriated to
the National Endowment for the Arts ‘‘Matching Grants’’
account may be transferred to and merged with this ac-
count.
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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, $107,882,000, shall be available to the Na-
tional Endowment for the Humanities for support of ac-
tivities in the humanities, pursuant to section 7(c) of the
Act, and for administering the functions of the Act, to
remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $15,622,000, to remain available
until expended, of which $11,622,000 shall be available
to the 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.
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INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out subtitle C of the Museum and Li-
brary Services Act of 1996, as amended, $26,899,000, to
remain available until expended.
CHALLENGE AMERICA ARTS FUND
CHALLENGE AMERICA GRANTS
For necessary expenses as authorized by Public Law
89–209, as amended, $17,000,000, for support for arts
education and public outreach activities to be administered
by the National Endowment for the Arts, to remain avail-
able until expended.
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.
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COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing
a Commission of Fine Arts (40 U.S.C. 104), $1,274,000:
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-
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.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on
Historic Preservation (Public Law 89–665, as amended),
$3,400,000: 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,
$7,253,000: Provided, That all appointed members of the
Commission will be compensated at a rate not to exceed
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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 COUNCIL
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 96–388 (36 U.S.C. 1401), as
amended (36 U.S.C. 2301–2310), $36,028,000, of which
$1,900,000 for the museum’s repair and rehabilitation
program and $1,264,000 for the museum’s exhibitions
program shall remain available 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,
$22,427,000, 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
where otherwise provided under existing law, or under ex-
isting Executive Order issued pursuant to existing law.
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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 may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless advance notice of such assessments and
the basis therefor are presented to the Committees on Ap-
propriations 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
Management lands in a manner different than such sales
were conducted in fiscal year 2001.
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SEC. 307. 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. 308. 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 it is made known to
the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with gen-
erally accepted safety standards.
SEC. 309. (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
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37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that
date.
(c) REPORT.—On September 30, 2002, the Secretary
of the Interior shall file with the House and Senate Com-
mittees on Appropriations and the Committee on 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
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.
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SEC. 310. 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, and 106–291
for payments to tribes and tribal organizations for con-
tract support costs associated with self-determination or
self-governance contracts, grants, compacts, or annual
funding agreements with the Bureau of Indian Affairs or
the Indian Health Service as funded by such Acts, are the
total amounts available for fiscal years 1994 through 2001
for such purposes, except that, for the Bureau of Indian
Affairs, tribes and tribal organizations may use their trib-
al priority allocations for unmet indirect costs of ongoing
contracts, grants, self-governance compacts or annual
funding agreements.
SEC. 311. Notwithstanding any other provision of
law, for fiscal year 2002 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 and Alaska that have been affected by
reduced timber harvesting on Federal lands. The Secre-
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taries shall consider the benefits to the local economy in
evaluating bids and designing procurements which create
economic opportunities for local contractors.
SEC. 312. (a) RECREATIONAL FEE DEMONSTRATION
PROGRAM.—Subsection (f) of section 315 of the Depart-
ment 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 ‘‘commence on October 1, 1995,
and end on September 30, 2002’’ and inserting ‘‘end
on September 30, 2006’’; and
(2) by striking ‘‘September 30, 2005’’ and in-
serting ‘‘September 30, 2009’’.
(b) EXPANSION
OF PROGRAM.—Subsection (b) of
such section is amended by striking ‘‘no fewer than 10,
but as many as 100,’’.
(c) REVENUE SHARING.—Subsection (d)(1) of such
section is amended by inserting ‘‘the Secure Rural Schools
and Community Self-Determination Act of 2000 (Public
Law 106–393; 16 U.S.C. 500 note),’’ before ‘‘and any
other provision’’.
(d) DISCOUNTED FEES.—Subsection (b)(2) of such
section is amended by inserting after ‘‘testing’’ the fol-
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lowing: ‘‘, including the provision of discounted or free ad-
mission or use as the Secretary considers appropriate’’.
(e) SPECIAL USE PERMITS.—Subsection (b) of such
section is amended—
(1) in paragraph (4), by striking ‘‘and’’ at the
end of the paragraph;
(2) in paragraph (5), by striking the period at
the end of the paragraph and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(6) in fiscal year 2003 and thereafter may re-
tain, for distribution and use as provided in sub-
section (c), fees imposed by the Forest Service for
the issuance of recreation special use authorizations
not exceeding 1 year under any provision of law.’’.
(f) CAPITAL PROJECTS.—Subsection (c)(2) of such
section is amended by adding at the end the following new
subparagraph:
‘‘(D) None of the funds collected under this section
may be used to plan, design, or construct a visitor center
or any other permanent structure without prior approval
of the Committee on Appropriations of the House of Rep-
resentatives and the Committee on Appropriations of the
Senate if the estimated total cost of the structure exceeds
$500,000.’’.
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SEC. 313. All interests created under leases, conces-
sions, permits and other agreements associated with the
properties administered by the Presidio Trust, hereafter
shall be exempt from all taxes and special assessments of
every kind by the State of California and its political sub-
divisions.
SEC. 314. None of the funds made available in this
or any other Act for any fiscal year may be used to des-
ignate, or to post any sign designating, any portion of Ca-
naveral National Seashore in Brevard County, Florida, as
a clothing-optional area or as an area in which public nu-
dity is permitted, if such designation would be contrary
to county ordinance.
SEC. 315. Of the funds provided to the National En-
dowment for the Arts—
(1) The Chairperson shall only award a grant
to an individual if such grant is awarded to such 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-
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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.
SEC. 316. 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. 317. (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
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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-
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
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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-
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. 318. 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.
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SEC. 319. Notwithstanding any other provision of
law, none of the funds in this Act may be used for GSA
Telecommunication Centers.
SEC. 320. None of the funds in this Act may be used
for planning, design or construction of improvements to
Pennsylvania Avenue in front of the White House without
the advance approval of the House and Senate Committees
on Appropriations.
SEC. 321. Amounts deposited during fiscal year 2001
in the roads and trails fund provided for in the fourteenth
paragraph under the heading ‘‘FOREST SERVICE’’ of
the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501),
shall be used by the Secretary of Agriculture, without re-
gard to the State in which the amounts were derived, to
repair or reconstruct roads, bridges, and trails on National
Forest System lands or to carry out and administer
projects to 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. The projects shall emphasize reducing risks
to human safety and public health and property and en-
hancing ecological functions, long-term forest productivity,
and biological integrity. The projects may be completed
in a subsequent fiscal year. Funds shall not be expended
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under this section to replace funds which would otherwise
appropriately be expended from the timber salvage sale
fund. Nothing in this section shall be construed to exempt
any project from any environmental law.
SEC. 322. Other than in emergency situations, none
of the funds in this Act may be used to operate telephone
answering machines during core business hours unless
such answering machines include an option that enables
callers to reach promptly an individual on-duty with the
agency being contacted.
SEC. 323. No timber sale in Region 10 shall be adver-
tised if the indicated rate is deficit when appraised under
the transaction evidence appraisal system using domestic
Alaska values for western red cedar: Provided, That sales
which are deficit when appraised under the transaction
evidence appraisal system using domestic Alaska values
for western red cedar may be advertised upon receipt of
a written request by a prospective, informed bidder, who
has the opportunity to review the Forest Service’s cruise
and harvest cost estimate for that timber. Program accom-
plishments shall be based on volume sold. Should Region
10 sell, in fiscal year 2001, the annual average portion
of the decadal allowable sale quantity called for in the cur-
rent Tongass Land Management Plan in sales which are
not deficit when appraised under the transaction evidence
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appraisal system using domestic Alaska values for western
red cedar, all of the western red cedar timber from those
sales which is surplus to the needs of domestic processors
in Alaska, shall be made available to domestic processors
in the contiguous 48 United States at prevailing domestic
prices. Should Region 10 sell, in fiscal year 2001, less
than the annual average portion of the decadal allowable
sale quantity called for in the current Tongass Land Man-
agement Plan in sales which are not deficit when ap-
praised under the transaction evidence appraisal system
using domestic Alaska values for western red cedar, the
volume of western red cedar timber available to domestic
processors at 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 red cedar volume de-
termined by calculating the ratio of the total timber vol-
ume which has been sold on the Tongass to the annual
average portion of the decadal allowable sale quantity
called for in the current Tongass Land Management Plan.
The percentage shall be calculated by Region 10 on a roll-
ing basis as each sale is sold (for purposes of this amend-
ment, a ‘‘rolling basis’’ shall mean that the determination
of how much western red cedar is eligible for sale to var-
ious markets shall be made at the time each sale is award-
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ed). Western red cedar shall be deemed ‘‘surplus to the
needs of domestic processors in Alaska’’ when the timber
sale holder has presented to the Forest Service docu-
mentation of the inability to sell western red cedar logs
from a given sale to domestic Alaska processors at price
equal to or greater than the log selling value stated in
the contract. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the 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. 324. The Forest Service, in consultation with
the Department of Labor, shall review Forest Service
campground concessions policy to determine if modifica-
tions can be made to Forest Service contracts for camp-
grounds so that such concessions fall within the regulatory
exemption of 29 CFR 4.122(b). The Forest Service shall
offer in fiscal year 2002 such concession prospectuses
under the regulatory exemption, except that, any pro-
spectus that does not meet the requirements of the regu-
latory exemption shall be offered as a service contract in
accordance with the requirements of 41 U.S.C. 351–358.
SEC. 325. A project undertaken by the Forest Service
under the Recreation Fee Demonstration Program as au-
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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.
(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 terminates
its relationship with the agency; or
(C) the agency revokes the permit for non-
compliance with the terms and conditions of the
authorization.
In such cases, the agency may use the Recreation Fee
Demonstration Program to provide for operations until a
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subsequent operator can be found through the offering of
a new prospectus.
SEC. 326. For fiscal years 2002 and 2003, the Sec-
retary of Agriculture is authorized to limit competition for
fire and fuel treatment and watershed restoration con-
tracts in the Giant Sequoia National Monument and the
Sequoia National Forest. Preference for employment shall
be given to dislocated and displaced workers in Tulare,
Kern and Fresno Counties, California, for work associated
with the establishment of the Giant Sequoia National
Monument.
SEC. 327. EXPEDITIOUS TREATMENT OF FOREST
PLAN REVISIONS.—The Secretary of Agriculture shall
complete revisions to all land and resource management
plans to manage a unit of the National Forest System pur-
suant to Section 6 of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 1604)
as expeditiously as practicable using the funds provided
for that purpose by this Act.
SEC. 328. Until September 30, 2003, the authority
of the Secretary of Agriculture to enter into a cooperative
agreement under the first section of Public Law 94–148
(16 U.S.C. 565a–1) for a purpose described in such sec-
tion includes the authority to use that legal instrument
when the principal purpose of the resulting relationship
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is to the mutually significant benefit of the Forest Service
and the other party or parties to the agreement, including
nonprofit entities.
SEC. 329. (a) PILOT PROGRAM AUTHORIZING CON-
VEYANCE OF EXCESS FOREST SERVICE STRUCTURES.—
The Secretary of Agriculture may convey, by sale or ex-
change, any or all right, title, and interest of the United
States in and to excess buildings and other structures lo-
cated on National Forest System lands and under the ju-
risdiction of the Forest Service. The conveyance may in-
clude the land on which the building or other structure
is located and such other land immediately adjacent to the
building or structure as the Secretary considers necessary.
(b) LIMITATION.—Not more than 10 conveyances
may be made under the authority of this section, and the
Secretary of Agriculture shall obtain the concurrence of
the Committee on Appropriations of the House of Rep-
resentatives and the Committee on Appropriations of the
Senate in advance of each conveyance.
(c) USE OF PROCEEDS.—The proceeds derived from
the sale of a building or other structure under this section
shall be retained by the Secretary of Agriculture and shall
be available to the Secretary, without further appropria-
tion until expended, for maintenance and rehabilitation ac-
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tivities within the Forest Service Region in which the
building or structure is located.
(d) DURATION OF AUTHORITY.—The authority pro-
vided by this section expires on September 30, 2005.
SEC. 330. Section 551(c) of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll–61(c)) is
amended by striking ‘‘2002’’ and inserting ‘‘2004’’.
SEC. 331. Section 323(a) of the Department of the
Interior and Related Agencies Appropriations Act, 1999,
as included in Public Law 105–277, Div. A, section 101(e)
is amended by inserting ‘‘and fiscal years 2002 through
2005,’’ before ‘‘to the extent funds are otherwise avail-
able’’.
SEC. 332. No funds made available under this Act
shall be made available to any person or entity who has
been convicted of violating the Act of March 3, 1933 (41
U.S.C. 10a–10c, popularly know as the ‘‘Buy American
Act’’).
SEC. 333. 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
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20, 2001, except where such activities are allowed under
the Presidential proclamation establishing such monu-
ment.
SEC. 334. None of the funds in this Act may be used
to execute a final lease agreement for oil or gas develop-
ment in the area of the Gulf of Mexico known as Lease
Sale 181 prior to April 1, 2002.
SEC. 335. None of the funds made available in this
Act may be used to suspend or revise the final regulations
published in the Federal Register on November 21, 2000,
that amended part 3809 of title 43, Code of Federal Regu-
lations.
This Act may be cited as the ‘‘Department of the In-
terior and Related Agencies Appropriations Act, 2002’’.
Passed the House of Representatives June 21, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
By MARTHA C. MORRISON,
Deputy Clerk.