H. R. 4578—90
TITLE V—EMERGENCY SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For an additional amount for ‘‘Management of Lands and
Resources’’, $17,172,000 to remain available until expended, of
which $15,687,000 shall be used to address restoration needs caused
by wildland fires and $1,485,000 shall be used for the treatment
of grasshopper and Mormon Cricket infestations on lands managed
by the Bureau of Land Management: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For an additional amount for ‘‘Resource Management’’,
$1,500,000, to remain available until expended, for support of the
preparation and implementation of plans, programs, or agreements,
identified by the State of Idaho, that address habitat for freshwater
aquatic species on non-federal lands in the State voluntarily
enrolled in such plans, programs, or agreements, of which $200,000
shall be made available to the Boise, Idaho field office to participate
in the preparation and implementation of the plans, programs,
or agreements, of which $300,000 shall be made available to the
State of Idaho for preparation of the plans, programs, or agree-
ments, including data collection and other activities associated with
such preparation, and of which $1,000,000 shall be made available
to the State of Idaho to fund habitat enhancement, maintenance,
or restoration projects consistent with such plans, programs, or
agreements: Provided, That the entire amount made available under
this paragraph is designated by the Congress as an emergency
requirement under section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
For an additional amount for salmon restoration and conserva-
tion efforts in the State of Maine, $5,000,000, to remain available
until expended, which amount shall be made available to the
National Fish and Wildlife Foundation to carry out a competitively
awarded grant program for State, local, or other organizations
in Maine to fund on-the-ground projects to further Atlantic salmon
conservation or restoration efforts in coordination with the State
of Maine and the Maine Atlantic Salmon Conservation Plan,
including projects to: (1) assist in land acquisition and conservation
easements to benefit Atlantic salmon; (2) develop irrigation and
water use management measures to minimize any adverse effects
on salmon habitat; and (3) develop and phase in enhanced aqua-
culture cages to minimize escape of Atlantic salmon: Provided,
That, of the amounts appropriated under this paragraph, $2,000,000
shall be made available to the Atlantic Salmon Commission for
salmon restoration and conservation activities, including installing
and upgrading weirs and fish collection facilities, conducting risk
assessments, fish marking, and salmon genetics studies and testing,
H. R. 4578—91
and developing and phasing in enhanced aquaculture cages to mini-
mize escape of Atlantic salmon, and $500,000 shall be made avail-
able to the National Academy of Sciences to conduct a study of
Atlantic salmon: Provided further, That amounts made available
under this paragraph shall be provided to the National Fish and
Wildlife Foundation not later than 15 days after the date of enact-
ment of this Act: Provided further, That the entire amount made
available under this paragraph is designated by Congress as an
emergency requirement under section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $8,500,000, to
remain available until expended, to repair or replace buildings,
equipment, roads, bridges, and water control structures damaged
by natural disasters and conduct critical habitat restoration directly
necessitated by natural disasters: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
NATIONAL PARK SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $5,300,000, to
remain available until expended, to repair or replace visitor facili-
ties, equipment, roads and trails, and cultural sites and artifacts
at national park units damaged by natural disasters: Provided,
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investigations, and
Research’’, $2,700,000, to remain available until expended, to repair
or replace stream monitoring equipment and associated facilities
damaged by natural disasters: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for ‘‘Operation of Indian Programs’’,
$1,200,000, to remain available until expended, for repair of the
portions of the Yakama Nation’s Signal Peak Road that have the
most severe damage: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
H. R. 4578—92
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For an additional amount for ‘‘Federal Trust Programs’’ for
unanticipated trust reform projects and costs related to the ongoing
Cobell litigation, $27,600,000, to remain available until expended:
Provided, That funds provided herein for trust management
improvements and litigation support may, as needed, be transferred
to or merged with the ‘‘Operations of Indian Programs’’ account
in the Bureau of Indian Affairs, the ‘‘Salaries and Expenses’’ account
in the Office of the Solicitor, the ‘‘Salaries and Expenses’’ account
in Departmental Management, the ‘‘Royalty and Offshore Minerals
Management’’ account in the Minerals Management Service, and
the ‘‘Management of Lands and Resources’’ account in the Bureau
of Land Management: Provided further, That the entire amount
provided under this heading is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
STATE AND PRIVATE FORESTRY
For an additional amount for the Forest Service, notwith-
standing any other provision of law, $9,294,000 for the Alaska
Railroad for—
(1) safety related track repair, damage, and control costs
from avalanches, hurricane force winds, and severe winter
storms; and
(2) oil spill clean-up, recovery, and remediation arising
out of the related train derailments,
during the period of winter blizzards beginning December 21, 1999
for which the President declared a disaster on February 17, 2000
pursuant to the Stafford Act, as amended, (FEMA DR–1316–AK)
as a direct lump sum payment and an additional $2,000,000 for
an avalanche prevention program in the Chugach National Forest,
Kenai National Park, Kenai National Wildlife Refuge and nearby
public lands to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
NATIONAL FOREST SYSTEM
For an additional amount for emergency expenses resulting
from damage from windstorms, $7,249,000 to become available upon
enactment of this Act, and to remain available until expended:
Provided, That the entire amount shall be available only to the
extent that the President submits to Congress an official budget
request for a specific dollar amount that includes designation of
the entire amount of the request as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
H. R. 4578—93
TITLE VI—USER FEES UNDER FOREST SYSTEM
RECREATION RESIDENCE PROGRAM
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Cabin User Fee Fairness Act
of 2000’’.
SEC. 602. FINDINGS.
Congress finds that—
(1) cabins located on forest land have provided a unique
recreation experience to a large number of cabin owners, their
families, and guests each year since Congress authorized the
recreation residence program in 1915; and
(2) the fact that current appraisal procedures have, in
certain circumstances, been inconsistently applied in deter-
mining fair market values for residential lots demonstrates
that problems exist in accurately reflecting market values.
SEC. 603. PURPOSES.
The purposes of this title are—
(1) to ensure, to the maximum extent practicable, that
the National Forest System recreation residence program is
managed to preserve the opportunity for individual and family-
oriented recreation; and
(2) to develop and implement a more consistent procedure
for determining cabin user fees, taking into consideration the
limitations of an authorization and other relevant market fac-
tors.
SEC. 604. DEFINITIONS.
In this title:
(1) AGENCY.—The term ‘‘agency’’ means the Forest Service.
(2) AUTHORIZATION.—The term ‘‘authorization’’ means a
special use permit for the use and occupancy of National Forest
System land by a cabin owner under the authority of the
program.
(3) BASE
CABIN
USER
FEE.—The term ‘‘base cabin user
fee’’ means the fee for an authorization that results from the
appraisal of a lot as determined in accordance with sections
606 and 607.
(4) CABIN.—The term ‘‘cabin’’ means a privately built and
owned recreation residence that is authorized for use and occu-
pancy on National Forest System land.
(5) CABIN OWNER.—The term ‘‘cabin owner’’ means—
(A) a person authorized by the agency to use and
to occupy a cabin on National Forest System land; and
(B) an heir or assign of such a person.
(6) CABIN USER FEE.—The term ‘‘cabin user fee’’ means
a special use fee paid annually by a cabin owner to the Sec-
retary in accordance with this title.
(7) CARETAKER CABIN.—The term ‘‘caretaker cabin’’ means
a caretaker residence occupied in limited cases in which care-
taker services are necessary to maintain the security of a
tract.
(8) CURRENT CABIN USER FEE.—The term ‘‘current cabin
user fee’’ means the most recent cabin user fee that results
from an annual adjustment to the base cabin user fee in accord-
ance with section 608.
H. R. 4578—94
(9) LOT.—The term ‘‘lot’’ means a parcel of land in the
National Forest System—
(A) on which a cabin owner is authorized to build,
use, occupy, and maintain a cabin and related improve-
ments; and
(B) that is considered to be in its natural, native state
at the time at which a use of the lot described in subpara-
graph (A) is first permitted by the Secretary.
(10) NATURAL, NATIVE STATE.—The term ‘‘natural, native
state’’ means the condition of a lot or site, free of any improve-
ments, at the time at which the lot or site is first authorized
for recreation residence use by the agency.
(11) PROGRAM.—The term ‘‘program’’ means the recreation
residence program established under the authority of the last
paragraph under the heading ‘‘FOREST
SERVICE’’ in the Act
of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497).
(12) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Agriculture, acting through the Chief of the Forest
Service.
(13) TRACT.—The term ‘‘tract’’ means an established loca-
tion within a National Forest containing 1 or more cabins
authorized in accordance with the program.
(14) TRACT
ASSOCIATION.—The term ‘‘tract association’’
means a cabin owner association in which all cabin owners
within a tract are eligible for membership.
(15) TYPICAL LOT.—The term ‘‘typical lot’’ means a cabin
lot, or a group of cabin lots, in a tract that is selected for
use in an appraisal as being representative of, and that has
similar value characteristics as, other lots or groups of lots
within the tract.
SEC. 605. ADMINISTRATION OF RECREATION RESIDENCE PROGRAM.
The Secretary shall ensure, to the maximum extent practicable,
that the basis and procedure for calculating cabin user fees results
in a fee for an authorization that reflects, in accordance with
this title—
(1) the market value of a lot; and
(2) regional and local economic influences.
SEC. 606. APPRAISALS.
(a) REQUIREMENTS
FOR CONDUCTING APPRAISALS.—In imple-
menting and conducting an appraisal process for determining cabin
user fees, the Secretary shall—
(1) complete an inventory of improvements that were paid
for by—
(A) the agency;
(B) third parties; or
(C) cabin owners (or predecessors of cabin owners),
during the completion of which the Secretary shall presume
that a cabin owner, or a predecessor of the owner, has paid
for the capital costs of any utility, access, or facility serving
the lot being appraised, unless the Forest Service produces
evidence that the agency or a third party has paid for the
capital costs;
(2) establish an appraisal process to determine the market
value of the fee simple estate of a typical lot or lots considered
to be in a natural, native state, subject to subsection (b)(4)(A);
H. R. 4578—95
(3) enter into a contract with an appropriate professional
appraisal organization to manage the development of specific
appraisal guidelines in accordance with subsection (b), subject
to public comment and congressional review;
(4) require that an appraisal be performed by a State-
certified general real estate appraiser, selected by the Secretary
and licensed to practice in the State in which the lot is located;
(5) provide the appraiser with appraisal guidelines devel-
oped in accordance with this title;
(6) notwithstanding any other provision of law, require
the appraiser to coordinate the appraisal closely with affected
parties by seeking information, cooperation, and advice from
cabin owners and tract associations;
(7) require that the appraiser perform the appraisal in
compliance with—
(A) the most current edition of the Uniform Standards
of Professional Appraisal Practice in effect on the date
of the appraisal;
(B) the most current edition of the Uniform Appraisal
Standards for Federal Land Acquisitions that is in effect
on the date of the appraisal; and
(C) the specific appraisal guidelines developed in
accordance with this title;
(8) require that the appraisal report—
(A) be a full narrative report, in compliance with the
reporting standards of the Uniform Standards of Profes-
sional Appraisal Practice; and
(B) comply with the reporting guidelines established
by the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(9) before accepting any appraisal, conduct a review of
the appraisal to ensure that the guidelines made available
to the appraiser have been followed and that the appraised
values are properly supported.
(b) SPECIFIC APPRAISAL GUIDELINES.—In the development of
specific appraisal guidelines in accordance with subsection (a)(3),
the instructions to an appraiser shall require, at a minimum, the
following:
(1) APPRAISAL OF A TYPICAL LOT.—
(A) IN GENERAL.—In conducting an appraisal under
this section, the appraiser—
(i) shall not appraise each individual lot;
(ii) shall appraise a typical lot or lots, selected
by the cabin owners and the agency in a manner
consistent with the policy of the program; and
(iii) shall be provided, and give appropriate consid-
eration to, any information contained in the inventory
of improvements relating to the lot being appraised.
(B) ESTIMATE
OF
MARKET
VALUE
OF
TYPICAL
LOT.—
(i) IN GENERAL.—The appraiser shall estimate the
market value of a typical lot in accordance with this
title.
(ii) EQUIVALENCE TO LEGALLY SUBDIVIDED LOT.—
In selecting a comparable sale under this title, the
appraiser shall recognize that the typical lot will not
usually be equivalent to a legally subdivided lot.
H. R. 4578—96
(2) EXCEPTION FOR CERTAIN SALES OF LAND.—In conducting
an appraisal under this title, the appraiser—
(A) shall not select sales of comparable land that are
sales of land within developed urban areas; and
(B) should not, in most circumstances, select a sale
of comparable land that includes land that is encumbered
by a conservation or recreational easement that is held
by a government or institution, except land that is limited
to use as a site for 1 home.
(3) ADJUSTMENTS FOR TYPICAL VALUE INFLUENCES.—
(A) IN GENERAL.—The appraiser shall consider, and
adjust as appropriate, the price of sales of comparable
land for all typical value influences described in subpara-
graph (B).
(B) VALUE INFLUENCES.—The typical value influences
referred to in subparagraph (A) include—
(i) differences in the locations of the parcels;
(ii) accessibility, including limitations on access
attributable to—
(I) weather;
(II) the condition of roads or trails;
(III) restrictions imposed by the agency; or
(IV) other factors;
(iii) the presence of marketable timber;
(iv) limitations on, or the absence of, services such
as law enforcement, fire control, road maintenance,
or snow plowing;
(v) the condition and regulatory compliance of any
site improvements; and
(vi) any other typical value influences described
in standard appraisal literature.
(4) ADJUSTMENTS TO SALES OF COMPARABLE PARCELS.—
(A) UTILITIES, ACCESS, OR FACILITIES.—
(i) AGENCY.—Utilities, access, or facilities serving
a lot that are provided by the agency shall be included
as features of the lot being appraised.
(ii) CABIN OWNERS.—Utilities, access, or facilities
serving a lot that are provided by the cabin owner
(or a predecessor of the cabin owner) shall not be
included as a feature of the lot being appraised.
(iii) THIRD PARTIES.—Utilities, access, or facilities
serving a lot that are provided by a third party shall
not be included as a feature of the lot being appraised
unless, in accordance with subsection (a)(1), the agency
determines that the capital costs have not been or
are not being paid by the cabin owner (or a predecessor
of the cabin owner).
(iv) WITHDRAWAL
OF
UTILITY
OR
ACCESS
BY
AGENCY.—If, during the term of an authorization, the
agency or an act of God creates a substantial and
materially adverse change in—
(I) the provision or maintenance of any utility
or access; or
(II) a qualitative feature of the lot or imme-
diate surroundings,
H. R. 4578—97
the cabin owner shall have the right to request, and,
at the discretion of the Secretary, obtain a new deter-
mination of the base cabin user fee at the expense
of the agency.
(B) ADJUSTMENT FOR EXCLUSION.—In a case in which
any comparable sale includes utilities, access, or facilities
that are to be excluded in the appraisal of the subject
lot, the price of the comparable sale shall be adjusted,
as appropriate.
(C) ADJUSTMENT PROCESS.—
(i) IN GENERAL.—The appraiser shall consider and
adjust, as appropriate, the price of each sale of a com-
parable parcel for all nonnatural features referred to
in subparagraph (A)(ii) that—
(I)(aa) are present at, or add value to, the
comparable parcel; but
(bb) are not present at the lot being appraised;
or
(II) are not included in the appraisal as
described in subparagraph (A).
(ii) ADJUSTMENTS.—
(I) IN GENERAL.—In a case in which the price
of a parcel sold is to be adjusted in accordance
with subparagraph (B), the adjustment may be
based on an analysis of market or cost information
or both.
(II) COST INFORMATION.—If cost information
is used as the basis of an adjustment under sub-
clause (I), the cost information shall be supported
by direct market evidence.
(iii) ANALYSIS OF COST INFORMATION.—An analysis
of cost information under clause (ii)(I) should include
allowances, as appropriate, if the allowances are con-
sistent with—
(I) the Uniform Standards of Professional
Appraisal Practice in effect on the date of the
analysis; and
(II) the Uniform Appraisal Standards for Fed-
eral Land Acquisition.
(D) REAPPRAISAL
FOR
AND
RECALCULATION
OF
BASE
CABIN USER FEE.—Periodically, but not less often than once
every 10 years, the Secretary shall recalculate the base
cabin user fee (including conducting any reappraisal
required to recalculate the base cabin user fee).
SEC. 607. CABIN USER FEES.
(a) IN GENERAL.—The Secretary shall establish the cabin user
fee as the amount that is equal to 5 percent of the market value
of the lot, as determined in accordance with section 606, reflecting
an adjustment to the typical market rate of return due to restric-
tions imposed by the permit, including—
(1) the limited term of the authorization;
(2) the absence of significant property rights normally
attached to fee simple ownership; and
(3) the public right of access to, and use of, any open
portion of the lot on which the cabin or other enclosed improve-
ments are not located.
H. R. 4578—98
(b) FEE FOR CARETAKER CABIN.—The base cabin user fee for
a lot on which a caretaker cabin is located shall not be greater
than the base cabin user fee charged for the authorized use of
a similar typical lot in the tract.
(c) ANNUAL CABIN USER FEE IN THE EVENT OF DETERMINATION
NOT TO REISSUE AUTHORIZATION.—If the Secretary determines that
an authorization should not be reissued at the end of a term,
the Secretary shall—
(1) establish as the new base cabin user fee for the
remaining term of the authorization the amount charged as
the cabin user fee in the year that was 10 years before the
year in which the authorization expires; and
(2) calculate the current cabin user fee for each of the
remaining 9 years of the term of the authorization by
multiplying—
(A) 1⁄10 of the new base cabin user fee; by
(B) the number of years remaining in the term of
the authorization after the year for which the cabin user
fee is being calculated.
(d) ANNUAL CABIN USER FEE IN EVENT OF CHANGED CONDI-
TIONS.—If a review of a decision to convert a lot to an alternative
public use indicates that the continuation of the authorization for
use and occupancy of the cabin by the cabin owner is warranted,
and the decision is subsequently reversed, the Secretary may
require the cabin owner to pay any portion of annual cabin user
fees that were forgone as a result of the expectation of termination
of use and occupancy of the cabin by the cabin owner.
(e) TERMINATION OF FEE OBLIGATION IN LOSS RESULTING FROM
ACTS OF GOD OR CATASTROPHIC EVENTS.—On a determination by
the agency that, because of an act of God or a catastrophic event,
a lot cannot be safely occupied and the authorization for the lot
should accordingly be terminated, the fee obligation of the cabin
owner shall terminate effective on the date of the occurrence of
the act or event.
SEC. 608. ANNUAL ADJUSTMENT OF CABIN USER FEE.
(a) IN GENERAL.—The Secretary shall adjust the cabin user
fee annually, using a rolling 5-year average of a published price
index in accordance with subsection (b) or (c) that reports changes
in rural or similar land values in the State, county, or market
area in which the lot is located.
(b) INITIAL INDEX.—
(1) IN
GENERAL.—For the period of 10 years beginning
on the date of enactment of this title, the Secretary shall
use changes in agricultural land prices in the appropriate State
or county, as reported in the Index of Agricultural Land Prices
published by the Department of Agriculture, to determine the
annual adjustment to the cabin user fee in accordance with
subsections (a) and (d).
(2) STATEWIDE
CHANGES.—In determining the annual
adjustment to the cabin user fee for an authorization located
in a county in which agricultural land prices are influenced
by the value influences described in section 606(b)(3), the Sec-
retary shall use average statewide changes in the State in
which the lot is located.
(c) NEW INDEX.—
H. R. 4578—99
(1) IN GENERAL.—Not later than 10 years after the date
of enactment of this title, the Secretary may select and use
an index other than the method of adjustment of a cabin
user fee described in subsection (b)(2) to adjust a cabin user
fee if the Secretary determines that a different index better
reflects change in the value of a lot over time.
(2) SELECTION PROCESS.—Before selecting a new index, the
Secretary shall—
(A) solicit and consider comments from the public; and
(B) not later than 60 days before the date on which
the Secretary makes a final index selection, submit any
proposed selection of a new index to—
(i) the Committee on Resources of the House of
Representatives; and
(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(d) LIMITATION.—In calculating an annual adjustment to the
base cabin user fee as determined by the initial index described
in section (b), the Secretary shall—
(1) limit any annual fee adjustment to an amount that
is not more than 5 percent per year when the change in agricul-
tural land values exceeds 5 percent in any 1 year; and
(2) apply the amount of any adjustment that exceeds 5
percent to the annual fee payment for the next year in which
the change in the index factor is less than 5 percent.
SEC. 609. PAYMENT OF CABIN USER FEES.
(a) DUE DATE FOR PAYMENT OF FEES.—A cabin user fee shall
be prepaid annually by the cabin owner.
(b) PAYMENT
OF EQUAL
OR LESSER FEE.—If, in accordance
with section 607, the Secretary determines that the amount of
a new base cabin user fee is equal to or less than the amount
of the current base cabin user fee, the Secretary shall require
payment of the new base cabin user fee by the cabin owner in
accordance with subsection (a).
(c) PAYMENT OF GREATER FEE.—If, in accordance with section
607, the Secretary determines that the amount of a new base
cabin user fee is greater than the amount of the current base
cabin user fee, the Secretary shall—
(1) require full payment of the new base cabin user fee
in the first year following completion of the fee determination
procedure if the increase in the amount of the new base cabin
user fee is not more than 100 percent of the current base
cabin user fee; or
(2) phase in the increase over the current base cabin user
fee in approximately equal increments over 3 years if the
increase in the amount of the new base cabin user fee is
more than 100 percent of the current base cabin user fee.
SEC. 610. RIGHT OF SECOND APPRAISAL.
(a) RIGHT OF SECOND APPRAISAL.—On receipt of notice from
the Secretary of the determination of a new base cabin user fee,
the cabin owner—
(1) not later than 60 days after the date on which the
notice is received, may notify the Secretary of the intent of
the cabin owner to obtain a second appraisal; and
(2) may obtain, within 1 year following the date of receipt
of the notice under this subsection, at the expense of the cabin
H. R. 4578—102
the Secretary shall charge fees in accordance with subsection
(a)(2)(A) until—
(A) a base cabin user fee is determined in accordance
with—
(i) this title; or
(ii) regulations and policies in effect on the date
of enactment of this title; and
(B) the right of the cabin owner to a second appraisal
under section 610 is exhausted.
(2) LOTS APPRAISED ON OR AFTER SEPTEMBER 30, 1995.—
For a lot that has been appraised on or after September 30,
1995, the Secretary shall charge fees under subsection (a)(2)
until—
(A) the cabin owner requests a new appraisal or peer
review, and a base cabin user fee is established, under
subsection (c); or
(B) in the absence of a request for a peer review
or a new appraisal under subsection (c), the date that
is 2 years after the date on which the Forest Service
promulgates 
regulations 
and 
policies 
and 
develops
appraisal guidelines under this title.
(c) REQUEST FOR NEW APPRAISAL UNDER NEW LAW.—
(1) IN GENERAL.—Not later than 2 years after the promulga-
tion of final regulations and policies and the development of
appraisal guidelines in accordance with section 606(a)(5), cabin
owners that are subject to appraisals completed after September
30, 1995, but before the date of promulgation of final regula-
tions under section 613, may request, in accordance with para-
graph (2), that the Secretary—
(A) conduct a new appraisal and determine a new
base cabin user fee in accordance with this title; or
(B) commission a peer review of the existing appraisals
in accordance with paragraph (4).
(2) APPRAISAL GROUPINGS BY TYPICAL LOT.—A request for
a new appraisal or for a peer review of existing appraisals
under paragraph (1) shall be made by a majority of the cabin
owners in a group of cabins represented in the appraisal process
by a typical lot.
(3) CONDUCT OF NEW APPRAISAL.—On receipt of a request
for an appraisal and fee determination in accordance with
paragraph (2), the Secretary shall conduct the new appraisal
and fee determination in accordance with this title.
(4) PEER REVIEW OF EXISTING APPRAISALS.—
(A) IN
GENERAL.—On receipt of a request for peer
review in accordance with paragraph (2), the Secretary
shall obtain from an independent professional appraisal
organization a review of the appraisal (including any report
on the appraisal) that was used to establish the estimated
fee simple value of the lots within the subject grouping.
(B) INCONSISTENCY.—If peer review described in
subparagraph (A) results in a determination that an
appraisal or appraisal report includes provisions or proce-
dures that were implemented or conducted in a manner
inconsistent with this title, the Secretary shall, as appro-
priate and in accordance with this title—
(i) revise an existing base cabin user fee; or
H. R. 4578—103
(ii) subject to an agreement with the cabin owners,
conduct a new appraisal and fee determination.
(5) PAYMENT OF COSTS.—Cabin owners and the Secretary
shall share, in equal proportion, the payment of all reasonable
costs of any new appraisal or peer review.
(d) ASSUMPTION
OF NEW BASE CABIN USER FEE.—In the
absence of a request under subsection (c) for a new appraisal
and fee determination from a cabin owner whose cabin user fee
was determined as a result of an appraisal conducted after Sep-
tember 30, 1995, but before the date of promulgation of final regula-
tions under section 613, the Secretary may consider the base cabin
user fee resulting from the appraisal conducted between September
30, 1995 and the date of promulgation of the final regulations
under section 613 to be the base cabin user fee that complies
with this section.
TITLE VII—TREATMENT OF CERTAIN FUNDS FOR MINER
BENEFITS
SEC. 701. (a) REALLOCATION OF INTEREST.—Notwithstanding
any other provision of law, interest credited to the fund established
by section 401 of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231) for fiscal years 1992 through 1995
not transferred to the Combined Fund identified in section 402(h)(2)
of such Act prior to the date of enactment of this Act shall be
transferred to such Combined Fund—
(1) in such amounts as estimated by the trustees of such
Fund to offset the amount of any deficit in net assets in the
Combined Fund through August 31, 2001;
(2) in the amount of $2,200,000 for the purpose of the
Combined Fund providing a refund of any premium (as
described in section 9704(a) of the Internal Revenue Code of
1988), on a proportional basis, to those signatory operators
or any related persons to such operators (as defined in section
9701(c) of the Internal Revenue Code of 1988) who have been
denied such refunds as the result of final judgments or settle-
ments if prior to the date of enactment of this Act such signa-
tory operator (or any related persons to such operator)—
(A) had all of its beneficiary assignments made under
section 9706 of the Internal Revenue Code of 1986 voided
by the Commissioner of the Social Security Administration;
(B) was subject to a final judgment or final settlement
of litigation adverse to a claim by such operator that the
assignment of beneficiaries under section 9706 of the
Internal Revenue Code of 1986 was unconstitutional as
applied to it; and
(C) paid to the Combined Fund any premium amount
that had not been refunded; and
(3) in such amounts as necessary for the purpose of the
Combined Fund providing a monthly refund of any premium
(as described in section 9704(a) of the Internal Revenue Code
of 1986) paid by an assigned operator (as defined by section
9701(c)(5) of the Internal Revenue Code of 1986) commencing
with the first monthly premium due date after the date of
enactment of this Act and ending August 31, 2001, if according
to the records of the Combined Fund such operator (or any
related persons of such operator)—
H. R. 4578—104
(A) was not a signatory to the 1981 or later National
Bituminous Coal Wage Agreement or any ‘‘me too’’ agree-
ment related to such Coal Wage Agreement;
(B) reported credit hours to the UMWA 1974 Pension
Plan on fewer than ten classified mine workers in every
month during its last year of operations under the National
Bituminous Coal Wage Agreement of 1978 or any ‘‘me
too’’ agreement related to such Coal Wage Agreement;
(C) has had not more than 60 beneficiaries, including
eligible dependents of retired miners, assigned to it under
section 9706 of the Internal Revenue Code of 1986 not
including beneficiary assignments relieved by the Social
Security Administration;
(D) was assessed premiums by the Combined Fund
in October 1999, made payments pursuant to that assess-
ment and has no delinquency as of September 30, 2000;
and
(E) is not directly engaged in the production or sale
of coal and has no related person engaged in the production
of coal as of September 30, 2000.
(b) SEPARABILITY CLAUSE.—If any provision of this title or
the application thereof to any person or circumstances is held
invalid, the remainder of the title and the application of such
provision to other persons or circumstances shall not be affected
thereby.
TITLE VIII—LAND CONSERVATION, PRESERVATION AND
INFRASTRUCTURE IMPROVEMENT
For activities authorized by law for the acquisition, conserva-
tion, and maintenance of Federal and non-Federal lands and
resources, and for Payments in Lieu of Taxes, in addition to the
amounts provided under previous titles of this Act, $686,000,000,
to remain available until expended, of which $179,000,000 is for
the acquisition of lands or interests in lands; and of which
$50,000,000 is for ‘‘National Park Service, Land Acquisition and
State Assistance’’ for the state assistance program; and of which
$20,000,000 is for ‘‘Forest Service, National Forest System’’ for
inventory and monitoring activities and planning; and of which
$78,000,000 is for ‘‘United States Fish and Wildlife Service,
Cooperative Endangered Species Fund’’; and of which $20,000,000
is for ‘‘United States Fish and Wildlife Service, North American
Wetlands Conservation Fund’’; and of which $20,000,000 is for
‘‘United States Geological Survey, Surveys, Investigations, and
Research’’ for science and cooperative programs; and of which
$30,000,000 is for ‘‘Forest Service, State and Private Forestry’’
for the Forest Legacy program; and of which $50,000,000 is for
‘‘United States Fish and Wildlife Service, State Wildlife Grants’’;
and of which $20,000,000 is for ‘‘National Park Service, Urban
Park and Recreation Fund’’; and of which $15,000,000 is for
‘‘National Park Service, Historic Preservation Fund’’ for grants to
states and Indian tribes; and of which $4,000,000 is for ‘‘Forest
Service, State and Private Forestry’’ for urban and community
forestry programs; and of which $50,000,000 is for ‘‘Bureau of
Land Management, Payments in Lieu of Taxes’’; and of which
$150,000,000 is for ‘‘Federal Infrastructure Improvement’’ for the
H. R. 4578—105
deferred maintenance needs of the Federal land management agen-
cies: Provided, That of the funds provided under this heading for
the acquisition of lands or interests in lands, $130,000,000 shall
be available to the Department of the Interior and $49,000,000
shall be available to the Department of Agriculture, Forest Service:
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 Appropriations and
the Senate Committee on Appropriations provide to the Secretaries,
in writing, a list of specific acquisitions to be undertaken with
such funds: Provided further, That of the funds provided under
this heading for ‘‘Federal Infrastructure Improvement’’ for the
deferred maintenance needs of the Federal land management agen-
cies, $25,000,000 shall be for the Bureau of Land Management,
$25,000,000 shall be for the United States Fish and Wildlife Service,
$50,000,000 shall be for the National Park Service and $50,000,000
shall be for the Forest Service.
SEC. 801. (a) CATEGORIES.—Section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c))
is amended—
(1) in paragraph (6), by—
(A) in subparagraph (B), by striking ‘‘and’’ after the
semicolon;
(B) in subparagraph (C), by inserting ‘‘and’’ after the
semicolon; and
(C) adding at the end the following:
‘‘(D) 
for 
the 
conservation 
spending 
category:
$1,760,000,000, 
in 
new 
budget 
authority 
and
$1,232,000,000 in outlays;’’;
(2) in paragraph (7), by—
(A) in subparagraph (A), by striking ‘‘and’’ after the
semicolon;
(B) in subparagraph (B), by striking the period and
inserting ‘‘; and’’; and
(C) adding at the end the following:
‘‘(C) 
for 
the 
conservation 
spending 
category:
$1,920,000,000, 
in 
new 
budget 
authority 
and
$1,872,000,000 in outlays;’’; and
(3) by inserting after paragraph (7) the following:
‘‘(8) with respect to fiscal year 2004 for the conservation
spending category: $2,080,000,000, in new budget authority
and $2,032,000,000 in outlays;
‘‘(9) with respect to fiscal year 2005 for the conservation
spending category: $2,240,000,000, in new budget authority
and $2,192,000,000 in outlays;
‘‘(10) with respect to fiscal year 2006 for the conservation
spending category: $2,400,000,000, in new budget authority
and $2,352,000,000 in outlays;
‘‘(11) with respect to each fiscal year 2002 through 2006
for the Federal and State Land and Water Conservation Fund
sub-category 
of 
the 
conservation 
spending 
category:
$540,000,000 in new budget authority and the outlays flowing
therefrom;
‘‘(12) with respect to each fiscal year 2002 through 2006
for the State and Other Conservation sub-category of the con-
servation spending category: $300,000,000 in new budget
authority and the outlays flowing therefrom;
H. R. 4578—106
‘‘(13) with respect to each fiscal year 2002 through 2006
for the Urban and Historic Preservation sub-category of the
conservation spending category: $160,000,000 in new budget
authority and the outlays flowing therefrom;
‘‘(14) with respect to each fiscal year 2002 through 2006
for the Payments in Lieu of Taxes sub-category of the conserva-
tion spending category: $50,000,000 in new budget authority
and the outlays flowing therefrom;
‘‘(15) with respect to each fiscal year 2002 through 2006
for the Federal Deferred Maintenance sub-category of the con-
servation spending category: $150,000,000 in new budget
authority and the outlays flowing therefrom;
‘‘(16) with respect to fiscal year 2002 for the Coastal Assist-
ance sub-category of the conservation spending category:
$440,000,000 in new budget authority and the outlays flowing
therefrom; with respect to fiscal year 2003 for the Coastal
Assistance sub-category of the conservation spending category:
$480,000,000 in new budget authority and the outlays flowing
therefrom; with respect to fiscal year 2004 for the Coastal
Assistance sub-category of the conservation spending category:
$520,000,000 in new budget authority and the outlays flowing
therefrom; with respect to fiscal year 2005 for the Coastal
Assistance sub-category of the conservation spending category:
$560,000,000 in new budget authority and the outlays flowing
therefrom; and with respect to fiscal year 2006 for the Coastal
Assistance sub-category of the conservation spending category:
$600,000,000 in new budget authority and the outlays flowing
therefrom;’’.
(b) ADDITION
TO DISCRETIONARY SPENDING LIMITS.—Section
251(b)(2) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the
end the following:
‘‘(H) CONSERVATION SPENDING.—(i) If a bill or resolu-
tion making appropriations for any fiscal year appropriates
an amount for the conservation spending category that
is less than the limit for the conservation spending category
as specified in subsection (c), then the adjustment for new
budget authority and outlays for the following fiscal year
for that category shall be the amount of new budget
authority and outlays that equals the difference between
the amount appropriated and the amount of that category
specified in subsection (c).
‘‘(ii) If a bill or resolution making appropriations for
any fiscal year appropriates an amount for any conserva-
tion spending sub-category that is less than the limit for
that conservation spending sub-category as specified in sub-
sections (c)(11)–(c)(16), then the adjustment for new budget
authority for the following fiscal year for that sub-category
shall be the amount of new budget authority that equals
the difference between the amount appropriated and the
amount of that sub-category specified in subsection (c)(11)–
(c)(16).
‘‘(iii) The total amount provided for any conservation
activity within the conservation spending category may
not exceed any authorized ceiling for that activity.’’.
H. R. 4578—107
(c) CATEGORIES DEFINED.—Section 250(c)(4) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)(4)) is amended by adding at the end the following:
‘‘(E) The term ‘conservation spending category’ means
discretionary appropriations for conservation activities in
the following budget accounts or portions thereof providing
appropriations to preserve and protect lands, habitat, wild-
life, and other natural resources, to provide recreational
opportunities, and for related purposes:
‘‘(i) 14–5033 Bureau of Land Management Land
Acquisition.
‘‘(ii) 14–5020 Fish and Wildlife Service Land
Acquisition.
‘‘(iii) 14–5035 National Park Service Land Acquisi-
tion and State Assistance.
‘‘(iv) 12–9923 Forest Service Land Acquisition.
‘‘(v) 14–5143 Fish and Wildlife Service Cooperative
Endangered Species Conservation Fund.
‘‘(vi) 14–5241 Fish and Wildlife Service North
American Wetlands Conservation Fund.
‘‘(vii) 14–1694 Fish and Wildlife Service State
Wildlife Grants.
‘‘(viii) 14–0804 United States Geological Survey
Surveys, Investigations, and Research, the State Plan-
ning 
Partnership 
programs: 
Community/Federal
Information Partnership, Urban Dynamics, and Deci-
sion Support for Resource Management.
‘‘(ix) 12–1105 Forest Service State and Private For-
estry, the Forest Legacy Program, Urban and Commu-
nity Forestry, and Smart Growth Partnerships.
‘‘(x) 14–1031 National Park Service Urban Park
and Recreation Recovery program.
‘‘(xi) 14–5140 National Park Service Historic
Preservation Fund.
‘‘(xii) Youth Conservation Corps.
‘‘(xiii) 14–1114 Bureau of Land Management Pay-
ments in Lieu of Taxes.
‘‘(xiv) Federal Infrastructure Improvement (as
established in title VIII of the Department of the
Interior and Related Agencies Appropriations Act,
2001).
‘‘(xv) 13–1460 NOAA Procurement Acquisition and
Construction, the National Marine Sanctuaries and the
National Estuarine Research Reserve Systems.
‘‘(xvi) 13–1450 NOAA Operations, Research, and
Facilities, the Coastal Zone Management Act programs,
the National Marine Sanctuaries, the National Estua-
rine Research Reserve Systems, and Coral Restoration
programs.
‘‘(xvii) 13–1451 NOAA Pacific Coastal Salmon
Recovery.
‘‘(F) The term ‘Federal and State Land and Water
Conservation Fund sub-category’ means discretionary
appropriations for activities in the accounts described in
(E)(i)–(E)(iv) or portions thereof.
‘‘(G) The term ‘State and Other Conservation sub-cat-
egory’ means discretionary appropriations for activities in
H. R. 4578—108
the accounts described in (E)(v)–(E)(ix), with the exception
of Urban and Community Forestry as described in (E)(ix),
or portions thereof.
‘‘(H) The term ‘Urban and Historic Preservation sub-
category’ means discretionary appropriations for activities
in the accounts described in (E)(ix)–(E)(xii), with the excep-
tion of Forest Legacy and Smart Growth Partnerships as
described in (E)(ix), or portions thereof.
‘‘(I) The term ‘Payments in Lieu of Taxes sub-category’
means discretionary appropriations for activities in the
account described in (E)(xiii) or portions thereof.
‘‘(J) The term ‘Federal Deferred Maintenance sub-cat-
egory’ means discretionary appropriations for activities in
the account described in (E)(xiv) or portions thereof.
‘‘(K) The term ‘Coastal Assistance sub-category’ means
discretionary appropriations for activities in the accounts
described in (E)(xv)–(E)(xvii) or portions thereof.’’.
TITLE IX
DEPARTMENT OF THE TREASURY
BUREAU OF THE PUBLIC DEBT
GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT
For deposit of an additional amount into the account established
under section 3113(d) of title 31, United States Code, to reduce
the public debt, $5,000,000,000.
This Act may be cited as the ‘‘Department of the Interior
and Related Agencies Appropriations Act, 2001’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.