H. J. Res. 2—258
of arts education and public outreach activities through the Chal-
lenge America program, for program support, and for administering
the functions of the Act, to remain available until expended: Pro-
vided, That funds previously appropriated to the National Endow-
ment for the Arts ‘‘Matching Grants’’ account and ‘‘Challenge
America’’ account may be transferred to and merged with this
account.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$109,632,000, shall be available to the National Endowment for
the Humanities for support of activities 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, $16,122,000, to remain available until expended, of which
$10,436,000 shall be available to the National Endowment for the
Humanities for the purposes of section 7(h): Provided, That this
appropriation 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 provisions 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 appro-
priated.
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
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may approve
grants up to $10,000, if in the aggregate this amount does not
exceed 5 percent of the sums appropriated for grant making pur-
poses per year: Provided further, That such small grant actions
are taken pursuant to the terms of an expressed and direct delega-
tion of authority from the National Council on the Arts to the
Chairperson.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $1,224,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
H. J. Res. 2—259
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended with-
out further appropriation.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956(a)), as amended, $7,000,000.
ADMINISTRATIVE PROVISION
None of the funds appropriated in this or any other Act, except
funds appropriated to the Office of Management and Budget, shall
be available to study the alteration or transfer of the National
Capital Arts and Cultural Affairs program.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665, as amended), $3,667,000: Pro-
vided, 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 National 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 the daily equivalent of the annual rate of
pay for positions at level IV of the Executive Schedule for each
day such member is engaged in the actual performance of duties.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106–292 (36 U.S.C. 2301–2310), $38,663,000, of
which $1,900,000 for the museum’s repair and rehabilitation pro-
gram 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 Omnibus
Parks and Public Lands Management Act of 1996, $21,327,000
shall be available to the Presidio Trust, to remain available until
expended.
H. J. Res. 2—260
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant 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 existing Executive order issued pursuant
to existing law.
SEC. 302. No part of any appropriation contained in this Act
shall be available for any activity or the publication 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 depart-
ment 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 Appropriations 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 classified 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 2002.
SEC. 307. (a) LIMITATION OF FUNDS.—None of the funds appro-
priated 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 Sec-
retary on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised Statutes
(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329,
2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36,
and 37) for placer claims, and section 2337 of the Revised Statutes
(30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) REPORT.—On September 30, 2003, the Secretary of the
Interior shall file with the House and Senate Committees on Appro-
priations and the Committee on Resources of the House of Rep-
resentatives and the Committee 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 Department
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
H. J. Res. 2—261
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 examina-
tion of the mining claims or mill sites contained in a patent applica-
tion as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the third-
party contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention
of third-party contractors.
SEC. 308. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports for the Bureau
of Indian Affairs and the Indian Health Service by Public Laws
103–138, 103–332, 104–134, 104–208, 105–83, 105–277, 106–113,
106–291, and 107–63 for payments to tribes and tribal organizations
for contract 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 2002 for such purposes, except that,
for the Bureau of Indian Affairs, tribes and tribal organizations
may use their tribal priority allocations for unmet indirect costs
of ongoing contracts, grants, self-governance compacts or annual
funding agreements.
SEC. 309. Of the funds provided to the National Endowment
for the Arts—
(1) The Chairperson shall only award a grant to an indi-
vidual if such grant is awarded to such individual for a lit-
erature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(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 activity 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. 310. The National Endowment for the Arts and the
National Endowment for the Humanities are authorized 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 Endow-
ment for the Arts and the National Endowment for the Humanities.
Any proceeds from such gifts, bequests, or devises, after acceptance
by the National Endowment for the Arts or the National Endow-
ment for the Humanities, shall be paid by the donor or the rep-
resentative of the donor to the Chairman. The Chairman shall
enter the proceeds in a special interest-bearing account to the
credit of the appropriate endowment for the purposes specified
in each case.
SEC. 311. (a) In providing services or awarding financial assist-
ance under the National Foundation on the Arts and the Human-
ities Act of 1965 from funds appropriated under this Act, the
Chairperson of the National Endowment for the Arts shall ensure
that priority is given to providing services or awarding financial
H. J. Res. 2—262
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 minorities, 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 section 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 assistance
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 services or awarding financial assistance for
projects, productions, workshops, or programs that will encourage
public knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 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 Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
SEC. 312. No part of any appropriation contained in this Act
shall be expended or obligated to complete and issue the 5-year
program under the Forest and Rangeland Renewable Resources
Planning Act.
SEC. 313. None of the funds in this Act may be used to support
Government-wide administrative functions unless such functions
are justified in the budget process and funding is approved by
the House and Senate Committees on Appropriations.
SEC. 314. Notwithstanding any other provision of law, none
of the funds in this Act may be used for GSA Telecommunication
Centers.
SEC. 315. Notwithstanding any other provision of law, for fiscal
year 2003 the Secretaries of Agriculture and the Interior are author-
ized to limit competition for watershed restoration project contracts
as part of the ‘‘Jobs in the Woods’’ Program established in Region
10 of the Forest Service to individuals and entities in historically
timber-dependent areas in the States of Washington, Oregon,
northern California, Idaho, Montana, and Alaska that have been
affected by reduced timber harvesting on Federal lands. The Secre-
taries shall consider the benefits to the local economy in evaluating
H. J. Res. 2—263
bids and designing procurements which create economic opportuni-
ties for local contractors.
SEC. 316. Amounts deposited during fiscal year 2002 in the
roads and trails fund provided for in the 14th 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 regard 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 empha-
size reducing risks to human safety and public health and property
and enhancing ecological functions, long-term forest productivity,
and biological integrity. The projects may be completed in a subse-
quent fiscal year. Funds shall not be expended 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. 317. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
machines include an option that enables callers to reach promptly
an individual on-duty with the agency being contacted.
SEC. 318. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar. Program accomplishments shall be based on volume sold.
Should Region 10 sell, in fiscal year 2003, the annual average
portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan in sales which are not
deficit when appraised using a residual value approach that assigns
domestic Alaska values for western redcedar, all of the western
redcedar 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 2003, less
than the annual average portion of the decadal allowable sale
quantity called for in the Tongass Land Management Plan in sales
which are not deficit when appraised using a residual value
approach that assigns domestic Alaska values for western redcedar,
the volume of western redcedar timber available to domestic proc-
essors at prevailing domestic prices in the contiguous 48 United
States shall be that volume: (i) which is surplus to the needs
of domestic processors in Alaska, and (ii) is that percent of the
surplus western redcedar volume determined by calculating the
ratio of the total timber volume which has been sold on the Tongass
to the annual average portion of the decadal allowable sale quantity
called for in the current Tongass Land Management Plan. The
percentage shall be calculated by Region 10 on a rolling basis
as each sale is sold (for purposes of this amendment, a ‘‘rolling
basis’’ shall mean that the determination of how much western
redcedar is eligible for sale to various markets shall be made
at the time each sale is awarded). Western redcedar shall be deemed
‘‘surplus to the needs of domestic processors in Alaska’’ when the
H. J. Res. 2—264
timber sale holder has presented to the Forest Service documenta-
tion of the inability to sell western redcedar logs from a given
sale to domestic Alaska processors at a price equal to or greater
than the log selling value stated in the contract. All additional
western redcedar volume not sold to Alaska or contiguous 48 United
States domestic processors may be exported to foreign markets
at the election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of the
timber sale holder.
SEC. 319. A project undertaken by the Forest Service under
the Recreation Fee Demonstration Program as authorized by section
315 of the Department of the Interior and Related Agencies Appro-
priations Act for Fiscal Year 1996, as amended, shall not result
in—
(1) displacement of the holder of an authorization to provide
commercial recreation services on Federal lands. Prior to initi-
ating 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 authorization
shall be made within the terms and conditions of the authoriza-
tion and authorities of the impacted agency.
(2) the return of a commercial recreation service 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 relation-
ship 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 Demonstra-
tion Program to provide for operations until a subsequent operator
can be found through the offering of a new prospectus.
SEC. 320. Prior to October 1, 2003, the Secretary of Agriculture
shall not be considered to be in violation of subparagraph 6(f)(5)(A)
of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the National
Forest System. Nothing in this section exempts the Secretary from
any other requirement of the Forest and Rangeland Renewable
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other
law: Provided, That if the Secretary is not acting expeditiously
and in good faith, within the funding available, to revise a plan
for a unit of the National Forest System, this section shall be
void with respect to such plan and a court of proper jurisdiction
may order completion of the plan on an accelerated basis.
SEC. 321. Until September 30, 2005, the authority of the Sec-
retary of Agriculture to enter into an agreement under the first
section of Public Law 94–148 (16 U.S.C. 565a–1) for a purpose
described in such section includes the authority to use that legal
instrument when the principal purpose of the resulting relationship
is to the mutually significant benefit of the Forest Service and
the other party or parties to the agreement, including nonprofit
entities. An agreement entered into under this section shall not
be subject to Public Law 95–224, Federal Grant and Cooperative
Agreement Act (1977).
H. J. Res. 2—265
SEC. 322. No funds provided in this Act may be expended
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 Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
SEC. 323. Section 347 of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (as contained in section
101(e) of division A of Public Law 105–277; 16 U.S.C. 2104 note),
is amended—
(1) in subsection (a), by striking ‘‘September 30, 2004’’
and all that follows and inserting ‘‘September 30, 2013, the
Forest Service and the Bureau of Land Management, via agree-
ment or contract as appropriate, may enter into stewardship
contracting projects with private persons or other public or
private entities to perform services to achieve land management
goals for the national forests and the public lands that meet
local and rural community needs.’’;
(2) in subsection (b)(4)—
(A) by striking ‘‘noncommercial cutting or removing
of trees’’ and inserting ‘‘removing vegetation’’; and
(B) by striking ‘‘non-commercial objectives’’ and
inserting ‘‘land management objectives’’;
(3) in subsection (c), by adding at the end a new paragraph
as follows:
‘‘(5) CONTRACTING
OFFICER.—Notwithstanding any other
provision of law, the Secretary of Agriculture or the Secretary
of the Interior may determine the appropriate contracting
officer to enter into and administer an agreement or contract
under subsection (a).’’;
(4) in subsections (c)(3), (d), (f), and (g), by inserting ‘‘and
the Bureau of Land Management’’ after ‘‘Forest Service’’ each
place it appears;
(5) in the section heading, by striking ‘‘DEMONSTRATION
PROJECT’’ and inserting ‘‘PROJECTS’’;
(6) in subsections (d)(2) and (f)(2)(B), by striking ‘‘dem-
onstration’’ each place it appears;
(7) in subsection (d)(3), by striking ‘‘the Secretary’’ both
places it appears and inserting ‘‘the Forest Service or the
Bureau of Land Management’’ and by inserting ‘‘or the public
lands’’ after ‘‘National Forest System’’; and
(8) in subsection (g), by striking ‘‘each individual steward-
ship pilot project’’ and inserting ‘‘the stewardship contracting
projects’’.
SEC. 324. TECHNICAL CORRECTION RELATED TO CABIN USER
FEES.—Section 608(b)(2) of the Cabin User Fee Fairness Act of
2000 (16 U.S.C. 6207(b)(2); Public Law 106–291) is amended by
striking ‘‘value influences’’ and inserting in lieu thereof ‘‘criteria’’
and striking ‘‘section 606(b)(3)’’ and inserting in lieu thereof ‘‘section
606(b)(2)’’.
SEC. 325. EXTENSION OF FOREST SERVICE CONVEYANCES PILOT
PROGRAM.—Section 329 of the Department of the Interior and
Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note;
Public Law 107–63) is amended—
H. J. Res. 2—266
(1) in subsection (b), by striking ‘‘10’’ and inserting ‘‘20’’;
(2) in subsection (c) by inserting at the end of the subsection
‘‘Additionally, proceeds from the sale of conveyances on no
more than 3 sites shall be available for construction of replace-
ment facilities.’’; and
(3) in subsection (d), by striking ‘‘2005’’ and inserting
‘‘2006’’.
SEC. 326. Employees of the foundations established by Acts
of Congress to solicit private sector funds on behalf of Federal
land management agencies shall, in fiscal year 2004, qualify for
General Service Administration contract airfares.
SEC. 327. In entering into agreements with foreign countries
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C.
1856m) the Secretary of Agriculture and the Secretary of the
Interior are authorized to enter into reciprocal agreements in which
the individuals furnished under said agreements to provide wildfire
services are considered, for purposes of tort liability, employees
of the country receiving said services when the individuals are
fighting fires. The Secretary of Agriculture or the Secretary of
the Interior shall not enter into any agreement under this provision
unless the foreign country (either directly or through its fire
organization) agrees to assume any and all liability for the acts
or omissions of American firefighters engaged in firefighting in
a foreign country. When an agreement is reached for furnishing
fire fighting services, the only remedies for acts or omissions com-
mitted while fighting fires shall be those provided under the laws
of the host country and those remedies shall be the exclusive
remedies for any claim arising out of fighting fires in a foreign
country. Neither the sending country nor any organization associ-
ated with the firefighter shall be subject to any action whatsoever
pertaining to or arising out of fighting fires.
SEC. 328. A grazing permit or lease issued by the Secretary
of the Interior or a grazing permit issued by the Secretary of
Agriculture where National Forest System lands are involved that
expires, is transferred, or waived during fiscal year 2003 shall
be renewed under section 402 of the Federal Land Policy and
Management Act of 1976, as amended (43 U.S.C. 1752), section
19 of the Granger-Thye Act, as amended (16 U.S.C. 580l), title
III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et
seq.), or, if applicable, section 510 of the California Desert Protection
Act (16 U.S.C. 410aaa–50). The terms and conditions contained
in the expired, transferred, or waived permit or lease shall continue
in effect under the renewed permit or lease until such time as
the Secretary of the Interior or Secretary of Agriculture as appro-
priate 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
statutory authority of the Secretary of the Interior or the Secretary
of Agriculture: Provided, That where National Forest System lands
are involved and the Secretary of Agriculture has renewed an
expired or waived grazing permit prior to or during fiscal year
2003 under the authority of section 504 of the Rescissions Act
of 1995 (Public Law 104–19), the terms and conditions of the
renewed grazing permit shall remain in effect until such time
as the Secretary of Agriculture completes processing of the renewed