164
HR 2217 PP
to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any
other provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Minerals
Management Service (MMS) concurred with the claimed re-
fund due, to pay amounts owed to Indian allottees or tribes,
or to correct prior unrecoverable erroneous payments: Pro-
vided further, That MMS may 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 wholesale market centers or up-
stream 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 max-
imum extent practicable that royalty income under the
pilot program is equal to or greater than royalty income
recognized under a comparable royalty-in-value program.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section
1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990,
165
HR 2217 PP
$6,118,000, which shall be derived from the Oil Spill Liabil-
ity 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 purchase of
not to exceed 10 passenger motor vehicles, for replacement
only; $102,144,000: Provided, That the Secretary of the In-
terior, 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 affected by coal mining
practices after August 3, 1977, to remain available until
expended: Provided further, That appropriations for the Of-
fice of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Rec-
lamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Sur-
face Mining Control and Reclamation Act of 1977, Public
Law 95–87, as amended, including the purchase of not more
than 10 passenger motor vehicles for replacement only,
166
HR 2217 PP
$203,171,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until ex-
pended; of which up to $10,000,000, to be derived from the
Federal Expenses Share of the Fund, shall be for supple-
mental grants to States for the reclamation of abandoned
sites with acid mine rock drainage from coal mines, and
for associated activities, through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum pro-
gram States will be $1,600,000 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 amend-
ed, of which no more than 25 percent shall be used for emer-
gency reclamation projects in any one State and funds for
federally administered emergency reclamation projects
under this proviso shall not exceed $11,000,000: Provided
further, That prior year unobligated funds appropriated for
the emergency reclamation program shall not be subject to
the 25 percent limitation per State and may be used with-
out fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97–365, the Depart-
ment of the Interior is authorized to use up to 20 percent
from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV
168
HR 2217 PP
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian pro-
grams, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter-
mination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of
1978 (25 U.S.C. 2001–2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$1,804,322,000, 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 provision of law, including
but not limited to the Indian Self-Determination Act of
1975, as amended, not to exceed $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 funding agreements entered
into with the Bureau prior to or during fiscal year 2002,
as authorized by such Act, except that tribes and tribal or-
ganizations may use their tribal priority allocations for
unmet indirect costs of ongoing contracts, grants, or com-
pacts, or annual funding agreements and for unmet welfare
assistance costs; and up to $3,000,000 shall be for the In-
dian Self-Determination Fund which shall be available for
169
HR 2217 PP
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 operations 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 $58,540,000 shall remain
available until expended for housing improvement, road
maintenance, attorney fees, litigation support, the Indian
Self-Determination Fund, land records improvement, and
the Navajo-Hopi Settlement Program: Provided, That 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
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 Sep-
tember 30, 2004.
170
HR 2217 PP
CONSTRUCTION
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities,
and other facilities, including architectural and engineering
services by contract; acquisition of lands, and interests in
lands; and preparation of lands for farming, and for con-
struction of the Navajo Indian Irrigation Project pursuant
to Public Law 87–483, $360,132,000, to remain available
until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irriga-
tion Project may be transferred to the Bureau of Reclama-
tion: Provided further, That not to exceed 6 percent of con-
tract authority available to the Bureau of Indian Affairs
from the Federal Highway Trust Fund may be used to cover
the road program management costs of the Bureau: Pro-
vided further, That any funds provided for the Safety of
Dams program pursuant to 25 U.S.C. 13 shall be made
available on a nonreimbursable basis: Provided further,
That for fiscal year 2002, in implementing new construc-
tion 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 Pro-
grams contained in 43 CFR part 12 as the regulatory re-
171
HR 2217 PP
quirements: 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 pay-
ments for the work to be performed: Provided further, That
in considering applications, the Secretary shall consider
whether the Indian tribe or tribal organization would be
deficient in assuring that the construction projects conform
to applicable building standards and codes and Federal,
tribal, or State health and safety standards as required by
25 U.S.C. 2005(a), with respect to organizational and fi-
nancial management capabilities: Provided further, That if
the Secretary declines an application, the Secretary shall
follow the requirements contained in 25 U.S.C. 2505(f):
Provided further, That any disputes between the Secretary
and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and indi-
viduals 
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 implementa-
tion of other enacted water rights settlements; of which
$7,950,000 shall be available for future water supplies fa-
172
HR 2217 PP
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 U.S. District Court, Western District of
Michigan in United States v. Michigan, Case No. 2:73 CV
26.
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 amended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congres-
sional 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 guarantee
and insurance fund, and the Indian Guaranteed Loan Pro-
173
HR 2217 PP
gram account) shall be available for expenses of exhibits,
and purchase of not to exceed 229 passenger motor vehicles,
of which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations, 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 between the
United States and that tribe, or that tribe’s ability to access
future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for 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.
174
HR 2217 PP
Appropriations made available in this or any other
Act for schools funded by the Bureau shall be available only
to the schools in the Bureau school system as of September
1, 1996. No funds available to the Bureau shall be used to
support expanded grades for any school or dormitory be-
yond the grade structure in place or approved by the Sec-
retary of the Interior at each school in the Bureau school
system as of October 1, 1995. Funds made available under
this Act may not be used to establish a charter school at
a Bureau-funded school (as that term is defined in section
1146 of the Education Amendments of 1978 (25 U.S.C.
2026)), except that a charter school that is in existence on
the date of the enactment of this Act and that has operated
at a Bureau-funded school before September 1, 1999, may
continue to operate during that period, but only if the char-
ter school pays to the Bureau a pro rata share of funds
to reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the char-
ter school are kept separate and apart from Bureau funds,
and the Bureau does not assume any obligation for charter
school programs of the State in which the school is located
if the charter school loses such funding. Employees of Bu-
reau-funded schools sharing a campus with a charter school
and performing functions related to the charter school’s op-
eration and employees of a charter school shall not be treat-
175
HR 2217 PP
ed as Federal employees for purposes of chapter 171 of title
28, United States Code (commonly known as the ‘‘Federal
Tort Claims Act’’).
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$76,450,000, of which: (1) $71,922,000 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 Amer-
ican Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for
construction and support of governmental functions; 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 (Public Law 94–241; 90 Stat.
272); and (2) $4,528,000 shall be available for salaries and
expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local govern-
ments herein provided for, including such transactions of
176
HR 2217 PP
all agencies or instrumentalities established or used by such
governments, may be audited by the General Accounting Of-
fice, at its discretion, 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
Representatives on Future United States Financial Assist-
ance for the Northern Mariana Islands approved by Public
Law 104–134: Provided further, That of the amounts pro-
vided for technical assistance, not to exceed $2,000,000 shall
be made available for transfer to the Disaster Assistance
Direct Loan Financing 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 re-
quired by section 504 of the Congressional Budget Act of
1974, as amended (2 U.S.C. 661c): Provided further, That
of the amounts provided for technical assistance, sufficient
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 improvement are
appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure in
American Samoa, Guam, the Virgin Islands, the Common-
wealth of the Northern Mariana Islands, the Republic of
177
HR 2217 PP
Palau, the Republic of the Marshall Islands, and the Fed-
erated States of Micronesia through assessments of long-
range operations maintenance needs, improved capability
of local operations and maintenance institutions and agen-
cies (including management and vocational education
training), and project-specific maintenance (with terri-
torial participation and cost sharing to be determined by
the Secretary based on the individual territory’s commit-
ment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance
under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the
purpose of hazard mitigation grants provided pursuant 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 Mar-
shall Islands as provided for in sections 122, 221, 223, 232,
and 233 of the Compact of Free Association, and for eco-
nomic 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, $23,245,000,
to remain available until expended, as authorized by Public
Law 99–239 and Public Law 99–658.
178
HR 2217 PP
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the Depart-
ment of the Interior, $67,541,000, of which not to exceed
$8,500 may be for official reception and representation ex-
penses, and of which up to $1,000,000 shall be available
for workers compensation payments and unemployment
compensation payments associated with the orderly closure
of the United States Bureau of Mines.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$44,074,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector Gen-
eral, $34,302,000, of which $3,812,000 shall be for procure-
ment by contract of independent auditing services to audit
the consolidated Department of the Interior annual finan-
cial statement and the annual financial statement of the
Department of the Interior bureaus and offices funded in
this Act.
179
HR 2217 PP
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-
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 pro-
vide a quarterly statement of performance for any Indian
180
HR 2217 PP
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 per-
mit the balance in each such account to be withdrawn 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 Consolida-
tion Act of 1983, as amended, by direct expenditure or coop-
erative agreement, $10,980,000, to remain available until
expended and which may be transferred to the Bureau of
Indian Affairs and Departmental Management.
NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment activi-
ties by the Department of the Interior necessary to carry
out the provisions of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act, as amended (42
U.S.C. 9601 et seq.), Federal Water Pollution 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.),
181
HR 2217 PP
and Public Law 101–337, as amended (16 U.S.C. 19jj et
seq.), $5,872,000, to remain available until expended.
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: Provided
further, That no programs funded with appropriated funds
in the ‘‘Departmental Management’’, ‘‘Office of the Solic-
itor’’, and ‘‘Office of Inspector General’’ may be augmented
through the Working Capital Fund or the Consolidated
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 unavoidable
causes: Provided, That no funds shall be made available
under this authority until funds specifically made available
182
HR 2217 PP
to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pur-
suant to this section are hereby designated by Congress to
be 
‘‘emergency 
requirements’’ 
pursuant 
to 
section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, and must be replenished by a sup-
plemental 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 programs
of the several agencies, for the suppression or emergency
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 ju-
risdiction; for emergency actions related to potential or ac-
tual earthquakes, floods, volcanoes, storms, or other un-
avoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the pre-
vention, 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
183
HR 2217 PP
Public Law 95–87; and shall transfer, from any no year
funds available to the Office of Surface Mining 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 regulatory 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 pre-
ceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equip-
ment in connection with their use for wildland fire oper-
ations, 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 oper-
ations’’ shall be exhausted within thirty days: Provided fur-
ther, 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 Emergency Deficit Control Act of 1985, and must be
replenished by a supplemental appropriation which must
be requested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on a
184
HR 2217 PP
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 sections 1535
and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equip-
ment, and for services rendered may be credited to the ap-
propriation current at the time such reimbursements 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 Sec-
retary, in total amount not to exceed $500,000; hire, main-
tenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service
in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of
dues, when authorized by the Secretary, for library member-
ship in societies or associations which issue publications to
members only or at a price to members lower than to sub-
scribers who are not members.
185
HR 2217 PP
SEC. 105. Appropriations available to the Department
of the Interior for salaries and expenses shall be available
for uniforms or allowances therefor, as authorized 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 excess
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 preleasing, leasing and related activities placed
under restriction 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; and the eastern Gulf of Mexico south of 26 degrees
north latitude 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 offshore
oil and natural gas preleasing, leasing and related activi-
ties in the eastern Gulf of Mexico planning area for any
186
HR 2217 PP
lands located outside Sale 181, as identified in the final
Outer Continental Shelf 5-Year Oil and Gas Leasing Pro-
gram, 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 Con-
trolled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
be invested by the Indian tribe, tribal organization, or con-
sortium before such funds are expended for the purposes 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 guaran-
teed or insured by the United States, or mutual (or
other) funds registered with the Securities and Ex-
change Commission and which only invest in obliga-
tions of the United States or securities that are guar-
anteed or insured by the United States; or
187
HR 2217 PP
(2) deposited only into accounts that are insured
by an agency or instrumentality of the United States,
or are fully collateralized to ensure protection of the
funds, even in the event of a bank failure.
SEC. 112. 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. 113. 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 Manage-
ment Act of 1976, as amended (43 U.S.C. 1752) or if appli-
cable, section 510 of the California Desert Protection Act
(16 U.S.C. 410aaa–50). The terms and conditions con-
tained in the expiring permit or lease shall continue in ef-
fect under the new permit or lease until such time as the
Secretary of the Interior completes processing of such per-
mit or lease in compliance with all applicable laws and
regulations, at which time such permit or lease may be can-
celed, suspended or modified, in whole or in part, to meet
the requirements of such applicable laws and regulations.
188
HR 2217 PP
Nothing in this section shall be deemed to alter the Sec-
retary’s statutory authority.
SEC. 114. Notwithstanding any other provision of law,
for the purpose of reducing the backlog of Indian probate
cases in the Department of the Interior, the hearing require-
ments 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 without 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 provi-
sions of chapter 51, and subchapter III of chapter 53 of
title 5, United States Code, governing the classification and
pay of General Schedule employees, except that no such In-
dian probate judge may be paid at a level which exceeds
the maximum rate payable for the highest grade of the Gen-
eral Schedule, including locality pay.
SEC. 115. Notwithstanding any other provision of law,
the Secretary of the Interior is authorized to redistribute
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 meth-
189
HR 2217 PP
odologies. No tribe shall receive a reduction in Tribal Pri-
ority Allocation funds of more than 10 percent in fiscal
year 2002. Under circumstances of dual enrollment, over-
lapping service areas or inaccurate distribution methodolo-
gies, the 10 percent limitation does not apply.
SEC. 116. 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
unmet need of the schools as determined by the Postsec-
ondary Funding Formula adopted by the Office of Indian
Education Programs.
SEC. 117. (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 compatible with
the use of the lands as a cemetery, and (2) as a burial
ground.
SEC. 118. Notwithstanding any other provision of law,
in conveying the Twin Cities Research Center under the au-
thority provided by Public Law 104–134, as amended by
Public Law 104–208, the Secretary may accept and retain
land and other forms of reimbursement: Provided, That the
190
HR 2217 PP
Secretary may retain and use any such reimbursement
until expended and without further appropriation: (1) for
the benefit of the National Wildlife Refuge System within
the State of Minnesota; and (2) for all activities authorized
by Public Law 100–696; 16 U.S.C. 460zz.
SEC. 119. Section 412(b) of the National Parks Omni-
bus Management Act of 1998, as amended (16 U.S.C. 5961)
is amended by striking ‘‘2001’’ and inserting ‘‘2002’’.
SEC. 120. Notwithstanding other provisions of law, the
National Park Service may authorize, through cooperative
agreement, the Golden Gate National Parks Association to
provide fee-based education, interpretive and visitor service
functions within the Crissy Field and Fort Point areas of
the Presidio.
SEC. 121. 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. 122. TRIBAL SCHOOL CONSTRUCTION DEM-
ONSTRATION PROGRAM. (a) DEFINITIONS.—In this section:
(1) CONSTRUCTION.—The term ‘‘construction’’,
with respect to a tribally controlled school, includes
the construction or renovation of that school.
191
HR 2217 PP
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has
the meaning given that term in section 4(e) of the In-
dian Self-Determination and Education Assistance
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 Controlled
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
application that is approved by the Secretary under
paragraph (2). The Secretary shall ensure that an eli-
gible Indian tribe currently on the Department’s pri-
192
HR 2217 PP
ority list for constructing of replacement educational
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 construction
a tribal share equal to 50 percent of the costs;
and
(C) any other term or condition that the
Secretary determines to be appropriate.
(4) ELIGIBILITY.—Grants awarded under the
demonstration program shall only be for construction
on replacement tribally controlled schools.
193
HR 2217 PP
(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 re-
ceipt of a grant under this section shall not affect the eligi-
bility 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. 123. WHITE RIVER OIL SHALE MINE, UTAH. (a)
SALE.—The Administrator of General Services (referred to
in this section as the ‘‘Administrator’’) shall sell all right,
title, and interest of the United States in and to the im-
provements and equipment described in subsection (b) that
are situated on the land described in subsection (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.
(3) Electrical Switchgear Building.
(4) Water Treatment Building/Plant.
(5) Ventilation/Fan Building.
194
HR 2217 PP
(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.
(e) MINE CLOSURE AND REHABILITATION.—The clos-
ing and rehabilitation of the Mine (including closing of the
195
HR 2217 PP
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.
SEC. 124. The Secretary of the Interior may use or
contract for the use of helicopters or motor vehicles on the
Sheldon and Hart National Wildlife Refuges for the purpose
of capturing and transporting horses and burros. The provi-
sions of subsection (a) of the Act of September 8, 1959 (73
Stat. 470; 18 U.S.C. 47(a)) shall not be applicable to such
use. Such use shall be in accordance with humane proce-
dures prescribed by the Secretary.
SEC. 125. Upon application of the Governor of a State,
the Secretary of the Interior shall (1) transfer not to exceed
25 percent of that State’s formula allocation under the
heading ‘‘National Park Service, Land Acquisition and
State Assistance’’ to increase the State’s allocation under
the heading ‘‘United States Fish and Wildlife Service, State
Wildlife Grants’’ or (2) transfer not to exceed 25 percent
of the State’s formula allocation under the heading ‘‘United
States Fish and Wildlife Service, State Wildlife Grants’’ to
increase the State’s formula allocation under the heading
196
HR 2217 PP
‘‘National Park Service, Land Acquisition and State Assist-
ance’’.
SEC. 126. Section 819 of Public Law 106–568 is here-
by repealed.
SEC. 127. Moore’s Landing at the Cape Romain Na-
tional Wildlife Refuge in South Carolina is hereby named
for George Garris and shall hereafter be referred to in any
law, document, or records of the United States as ‘‘Garris
Landing’’.
SEC. 128. PRELEASING, LEASING, AND RELATED AC-
TIVITIES. None of the funds made available by this Act shall
be used to conduct any preleasing, leasing, or other related
activity under 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 boundary (in effect as of January
20, 2001) of a national monument established under the
Act of June 8, 1906 (16 U.S.C. 431 et seq.), except to the
extent that such a preleasing, leasing, or other related activ-
ity is allowed under the Presidential proclamation estab-
lishing the monument.
SEC. 129. (a) The National Park Service shall make
further evaluations of national significance, suitability and
feasibility for the Glenwood locality and each of the twelve
Special Landscape Areas (including combinations of such
areas) as identified by the National Park Service in the
197
HR 2217 PP
course of undertaking the Special Resource Study of the
Loess Hills Landform Region of Western Iowa.
(b) The National Park Service shall provide the results
of these evaluations no later than January 15, 2002, to the
Committees on Appropriations of the Senate and the House
of Representatives, the Committee on Energy and Natural
Resources of the Senate, and the Committee on Resources
of the House of Representatives.
SEC. 130. From within available funds the National
Park Service shall conduct an Environmental Impact
Statement on vessel entries into such park taking into ac-
count possible impacts on whale populations: Provided,
That none of the funds available under this Act shall be
used to reduce or increase the number of permits and vessel
entries into the park below or above the levels established
by the National Park Service effective for the 2001 season
until the Environmental Impact Statement required by law
is completed notwithstanding any other provision of law:
Provided further, That nothing in this section shall preclude
the Secretary from adjusting the number of permits or vessel
entries if the Secretary determines that it is necessary to
protect park resources.
SEC. 131. No funds contained in this Act shall be used
to approve the transfer of lands on South Fox Island,
Michigan until Congress has authorized such transfer.
198
HR 2217 PP
SEC. 132. (a) FINDINGS.—Congress makes the fol-
lowing findings:
(1) The land described in subsection (b) is—
(A) the site of cultural, ceremonial, spir-
itual, archaeological, and traditional gathering
sites of significance to the Pechanga Band of
Luiseno Mission Indians;
(B) the site of what is considered to be the
oldest living coastal live oak; and
(C) the site of the historic Erle Stanley
Gardner Ranch.
(2) Based on the finding described in paragraph
(1), local and county officials have expressed their
support for the efforts of the Pechanga Band of
Luiseno Mission Indians to have the land described in
subsection (b) held in trust by the United States for
purposes of preservation.
(b) DECLARATION OF LAND HELD IN TRUST.—Not-
withstanding any other provision of law, the land held in
fee by the Pechanga Band of Luiseno Mission Indians, as
described in Document No. 211130 of the Riverside County,
California Office of the Recorder and recorded on May 15,
2001, located within the boundaries of the county of River-
side within the State of California, is hereby declared to
be held by the United States in trust for the benefit of the
199
HR 2217 PP
Pechanga Band of Luiseno Mission Indians and shall be
part of the Pechanga Indian Reservation.
SEC. 133. SENSE OF CONGRESS CONCERNING COASTAL
IMPACT ASSISTANCE. (a) FINDINGS.—Congress finds that—
(1) the United States continues to be reliant on
fossil fuels (including crude oil and natural gas) as
a source of most of the energy consumed in the coun-
try;
(2) this reliance is likely to continue for the fore-
seeable future;
(3) about 65 percent of the energy needs of the
United States are supplied by oil and natural gas;
(4) the United States is becoming increasingly
reliant on clean-burning natural gas for electricity
generation, home heating and air conditioning, agri-
cultural needs, and essential chemical processes;
(5) a large portion of the remaining crude oil
and natural gas resources of the country are on Fed-
eral land located in the western United States, in
Alaska, and off the coastline of the United States;
(6) the Gulf of Mexico has proven to be a signifi-
cant source of oil and natural gas and is predicted
to remain a significant source in the immediate fu-
ture;
200
HR 2217 PP
(7) many States and counties oppose the develop-
ment of Federal crude oil and natural gas resources
within or near the coastline, which opposition results
in congressional, Executive, State, or local policies to
prevent the development of those resources;
(8) actions that prevent the development of cer-
tain Federal crude oil and natural gas resources do
not lessen the energy needs of the United States or of
those States and counties that object to exploration
and development for fossil fuels;
(9) actions to prevent the development of certain
Federal crude oil and natural gas resources focus de-
velopment pressure on the remaining areas of Federal
crude oil and natural gas resources, such as onshore
and offshore Alaska, certain onshore areas in the
western United States, and the central Gulf of Mexico
off the coasts of Alabama, Alaska, Louisiana, Mis-
sissippi, and Texas;
(10) the development of Federal crude oil and
natural gas resources is accompanied by adverse ef-
fects on the infrastructure services, public services,
and the environment of States, counties, and local
communities that host the development of those Fed-
eral resources;
201
HR 2217 PP
(11) States, counties, and local communities do
not have the power to tax adequately the development
of Federal crude oil and natural gas resources, par-
ticularly when those development activities occur off
the coastline of States that serve as platforms for that
development, such as Alabama, Alaska, Louisiana,
Mississippi, and Texas;
(12) the Mineral Leasing Act (30 U.S.C. 181 et
seq.), which governs the development of Federal crude
oil and natural gas resources located onshore, pro-
vides, outside the budget and appropriations processes
of the Federal Government, payments to States in
which Federal crude oil and natural gas resources are
located in the amount of 50 percent of the direct reve-
nues received from the Federal Government for those
resources; and
(13) there is no permanent provision in the
Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.), which governs the development of Federal
crude oil and natural gas resources located offshore,
that authorizes the sharing of a portion of the annual
revenues generated from Federal offshore crude oil
and natural gas resources with adjacent coastal
States that—
202
HR 2217 PP
(A) serve as the platform for that develop-
ment; and
(B) suffer adverse effects on the environment
and infrastructure of the States.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that Congress should provide a significant portion of the
Federal offshore mineral revenues to coastal States that per-
mit the development of Federal mineral resources off the
coastline, including the States of Alabama, Alaska, Lou-
isiana, Mississippi, and Texas.
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, $242,822,000, to remain avail-
able 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 manage-
ment, cooperative forestry, and education and land con-
servation activities and conducting an international pro-
gram as authorized, $287,331,000, to remain available
until 
expended, 
as 
authorized 
by 
law, 
of 
which
203
HR 2217 PP
$101,000,000 is for Forest Legacy and Urban and Commu-
nity Forestry, 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, of which
$1,000,000 shall be available for the Tumbledown/Mount
Blue conservation project, Maine, and of which $4,000,000
shall be for the purchase of a conservation easement on the
Connecticut Lakes Tract, located in northern New Hamp-
shire and owned by International Paper Co., and of which
$500,000 shall be for the purchase of a conservation ease-
ment on the Range Creek Headwaters tract in Utah: Pro-
vided, 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
Secretary, in writing, a list of specific acquisitions to be
undertaken with such funds: Provided further, That not-
withstanding any other provision of law, of the funds pro-
vided under this heading, $5,000,000 shall be made avail-
able to Kake Tribal Corporation as an advanced direct
lump sum payment to implement the Kake Tribal Corpora-
tion Land Transfer Act (Public Law 106–283).
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not other-
wise provided for, for management, protection, improve-
ment, and utilization of the National Forest System,
204
HR 2217 PP
$1,324,491,000, to remain available until expended, which
shall include 50 percent of all moneys received during prior
fiscal years as fees collected under the Land and Water Con-
servation Fund Act of 1965, as amended, in accordance
with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,
That unobligated balances available at the start of fiscal
year 2002 shall be displayed by extended budget line item
in the fiscal year 2003 budget justification: Provided fur-
ther, That of the amount available for vegetation and water-
shed management, the Secretary may authorize the expendi-
ture or transfer of such sums as necessary to the Depart-
ment of the Interior, Bureau of Land Management for re-
moval, preparation, and adoption of excess wild horses and
burros from National Forest System lands: Provided fur-
ther, That of the funds provided under this heading for For-
est Products, $5,000,000 shall be allocated to the Alaska Re-
gion, in addition to its normal allocation for the purposes
of preparing additional timber for sale, to establish a 3-
year timber supply and such funds may be transferred to
other appropriations accounts as necessary to maximize ac-
complishment: Provided further, That of the funds provided
for Wildlife and Fish Habitat Management, $600,000 shall
be provided to the State of Alaska for wildlife monitoring
activities.
205
HR 2217 PP
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 reha-
bilitation of burned-over National Forest System lands and
water, $1,115,594,000, to remain available until expended:
Provided, That such funds including unobligated balances
under this head, are available for repayment of advances
from other appropriations accounts previously transferred
for such purposes: Provided further, That not less than 50
percent of any unobligated balances remaining (exclusive
of amounts for hazardous fuels reduction) at the end of fis-
cal year 2001 shall be transferred, 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 further, That notwithstanding any other
provision of law, $4,000,000 of funds appropriated under
this appropriation shall be used for Fire Science Research
in support of the Joint Fire Science Program: Provided fur-
ther, That all authorities for the use of funds, including the
use of contracts, grants, and cooperative agreements, avail-
able to execute the Forest and Rangeland Research appro-
priation, are also available in the utilization of these funds
for Fire Science Research: Provided further, That funds
206
HR 2217 PP
provided shall be available for emergency rehabilitation and
restoration, hazard reduction activities in the urban-
wildland interface, support to federal emergency response,
and wildfire suppression activities of the Forest Service:
Provided further, That the Forest Service shall expend not
less than $125,000,000 of funds provided under this heading
for hazardous fuels reduction activities for alleviating im-
mediate emergency threats to urban wildland interface
areas as defined by the Secretary of Agriculture: Provided
further, That amounts under this heading may be trans-
ferred as specified in the report accompanying this Act to
the ‘‘State and Private Forestry’’, ‘‘National Forest Sys-
tem’’, ‘‘Forest and Rangeland Research’’, and ‘‘Capital Im-
provement and Maintenance’’ accounts to fund state fire as-
sistance, 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 speci-
fied shall require approval of the House and Senate Com-
mittees on Appropriations in compliance with reprogram-
ming procedures contained in House Report No. 105–163:
Provided further, That the costs of implementing any coop-
erative agreement between the Federal government and any
non-Federal entity may be shared, as mutually agreed on
207
HR 2217 PP
by the affected parties: Provided further, That in entering
into such grants or cooperative agreements, 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 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 agreements under this section to entities that
include local non-profit entities, Youth Conservation Corps
or related partnerships with State, local or non-profit youth
groups, or small or disadvantaged businesses: Provided fur-
ther, That in addition to funds provided for State Fire As-
sistance programs, and subject to all authorities available
to the Forest Service under the State and Private Forestry
Appropriation, up to $15,000,000 may be used on adjacent
non-Federal lands for the purpose of protecting commu-
nities when hazard reduction activities are planned on na-
tional forest lands that have the potential to place such com-
munities at risk: Provided further, That the Forest Service
shall analyze the impact of restrictions on mechanical fuel
treatments and forest access in the upcoming Chugach Na-
tional Forest Land and Resource Management Plan, on the
level of prescribed burning on the Chugach National Forest,
208
HR 2217 PP
and on the implementation of the National Fire Plan: Pro-
vided further, That this analysis shall be completed before
the release of the Chugach Forest Plan and shall be included
in the plan: Provided further, That included in funding for
hazardous fuel reduction is $5,000,000 for implementing the
Community Forest Restoration Act, Public Law 106–393,
title VI, and any portion of such funds shall be available
for use on non-Federal lands in accordance with authorities
available to the Forest Service under the State and Private
Forestry Appropriation: Provided further, That of the
amounts provided under this heading $2,838,000 is for the
Ecological Restoration Institute, of which $338,000 is for
ongoing activities on Mt. Trumbull: Provided further, That:
(1) In expending the funds provided with respect
to this Act for hazardous fuels reduction, the Sec-
retary of the Interior and the Secretary of Agriculture
may conduct fuel reduction treatments on Federal
lands using all contracting and hiring authorities
available to the Secretaries applicable to hazardous
fuel reduction activities under the wildland fire man-
agement accounts. Notwithstanding Federal govern-
ment procurement and contracting laws, the Secre-
taries may conduct fuel reduction treatments on Fed-
eral lands using grants and cooperative agreements.
Notwithstanding Federal government procurement
209
HR 2217 PP
and contracting laws, in order to provide employment
and training opportunities to people in rural commu-
nities, the Secretaries may award contracts, including
contracts for monitoring activities, to—
(A) local private, nonprofit, or cooperative
entities;
(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 complete
such contracts. The authorities described above
relating to contracts, grants, and cooperative
agreements are available until all funds provided
in this title for hazardous fuels reduction activi-
ties in the urban wildland interface are obli-
gated.
(2)(A) The Secretary of Agriculture may transfer
or reimburse funds to the United States Fish and
Wildlife Service of the Department of the Interior, or
the National Marine Fisheries Service of the Depart-
ment of Commerce, 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 con-
210
HR 2217 PP
ference as required by section 7 of such Act in connec-
tion with wildland fire management activities in fis-
cal 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-
retary of Agriculture for such transfer or reimburse-
ment.
(C) The amount of the transfer or reimbursement
shall be as mutually agreed by the Secretary of Agri-
culture and the Secretary of the Interior or Secretary
of Commerce, as applicable, or their designees. The
amount shall in no case exceed the actual costs of con-
sultation and conferencing in connection with
wildland fire management activities affecting Na-
tional Forest System lands.
For an additional amount to cover necessary expenses
for emergency rehabilitation, wildfire suppression and other
fire operations of the Forest Service, $165,000,000, to re-
main available until expended, of which $100,000,000 is
for emergency rehabilitation and wildfire suppression, and
$65,000,000 is for other fire operations: Provided, That the
entire amount appropriated in this paragraph is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
211
HR 2217 PP
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That these funds shall be available only to
the extent an official budget request for a specific dollar
amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
For an additional amount, to liquidate obligations
previously incurred, $274,147,000.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not other-
wise provided for, $541,286,000, to remain available until
expended for construction, reconstruction, maintenance and
acquisition of buildings and other facilities, and for con-
struction, reconstruction, repair and maintenance of forest
roads and trails by the Forest Service as authorized by 16
U.S.C. 532–538 and 23 U.S.C. 101 and 205, of which,
$244,000 is to be provided for the design of historic office
renovations of the Bearlodge Ranger District Work Center
(Old Stoney) in Sundance, Wyoming, and of which
$61,000,000 is for conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended, for the purposes of
such Act: Provided, That fiscal year 2001 balances in the
212
HR 2217 PP
Federal Infrastructure Improvement account for the Forest
Service shall be transferred to and merged with this appro-
priation and shall remain available until expended: Pro-
vided further, That up to $15,000,000 of the funds provided
herein for road maintenance shall be available for the de-
commissioning of roads, including unauthorized roads not
part of the transportation system, which are no longer need-
ed: Provided further, That no funds shall be expended to
decommission any system road until notice and an oppor-
tunity for public comment has been provided on each de-
commissioning project: Provided further, That the Forest
Service shall transfer $300,000, appropriated in Public
Law 106–291 within the Capital Improvement and Mainte-
nance appropriation, to the State and Private Forestry ap-
propriation, and shall provide these funds in an advance
direct lump sum payment to Purdue University for plan-
ning and construction of a hardwood tree improvement and
generation facility.
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 admin-
istrative expenses, and for acquisition of land or waters,
or interest therein, in accordance with statutory authority
applicable to the Forest Service, $128,877,000 to be derived
from the Land and Water Conservation Fund, to remain
213
HR 2217 PP
available until expended, and to be for the conservation ac-
tivities 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 boundaries
of the Cache, Uinta, and Wasatch National Forests, Utah;
the Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests, Cali-
fornia, 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 govern-
ments, public school districts, or other public school authori-
ties pursuant to the Act of December 4, 1967, as amended
(16 U.S.C. 484a), to remain available until expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protec-
tion, and improvement, 50 percent of all moneys received
during the prior fiscal year, as fees for grazing domestic
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 expended, of
which not to exceed 6 percent shall be available for adminis-
214
HR 2217 PP
trative expenses associated with on-the-ground range reha-
bilitation, 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.
MANAGEMENT OF NATIONAL FOREST LANDS FOR
SUBSISTENCE USES
For necessary expenses of the Forest Service to manage
federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation 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 ex-
ceed 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 passenger motor
vehicles from excess sources, and hire of such vehicles; oper-
ation and maintenance of aircraft, the purchase of not to
exceed seven for replacement only, and acquisition of suffi-
cient aircraft from excess sources to maintain the operable
fleet at 195 aircraft for use in Forest Service wildland fire
programs and other Forest Service programs; notwith-
215
HR 2217 PP
standing other provisions of law, existing aircraft being re-
placed may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement air-
craft; (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 alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of
land, waters, and interests therein, including the Oscoda-
Wurtsmith land exchange in Michigan, pursuant to 7
U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d,
and 558a note); (6) the cost of uniforms as authorized by
5 U.S.C. 5901–5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall
be obligated or expended to abolish any region, to move or
close any regional office for National Forest System admin-
istration of the Forest Service, Department of Agriculture
without the consent of the House and Senate Committees
on Appropriations.
Any appropriations or funds available to the Forest
Service may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency reha-
bilitation of burned-over or damaged lands or waters under
its jurisdiction, and fire preparedness due to severe burning
216
HR 2217 PP
conditions if and only if all previously appropriated emer-
gency contingent funds under the heading ‘‘Wildland Fire
Management’’ have been released by the President and ap-
portioned.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Service
in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the provi-
sions of section 702(b) of the Department of Agriculture Or-
ganic 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 contained in House Re-
port 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-
217
HR 2217 PP
cordance with the procedures contained in House Report
No. 105–163.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Department
of Agriculture without the approval of the Chief of the For-
est Service.
Funds available to the Forest Service shall be available
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 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.
Of the funds available to the Forest Service, $2,500 is
available to the Chief of the Forest Service for official recep-
tion 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 Federal
financial assistance to the National Forest Foundation,
without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting Na-
tional Forest System lands or related to Forest Service pro-
grams: Provided, That of the Federal funds made available
to the Foundation, no more than $400,000 shall be available
218
HR 2217 PP
for administrative expenses: Provided further, That the
Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at
least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may trans-
fer 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 Forest Foundation may hold Federal funds
made available but not immediately disbursed and may use
any interest 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:
Provided 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, up
to $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 Federal fi-
nancial assistance, without regard to when expenses are in-
curred, for projects on or benefitting National Forest Sys-
tem lands or related to Forest Service programs: Provided,
219
HR 2217 PP
That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to
match on at least one-for-one basis funds advanced 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-
sistance to rural communities for sustainable rural develop-
ment 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 ac-
tivities under the ‘‘Jobs in the Woods’’ program for projects
on National Forest land in the State of Washington may
be granted directly to the Washington State Department of
Fish and Wildlife for accomplishment of planned projects.
Twenty percent of said funds shall be retained by the Forest
Service for planning and administering projects. Project se-
lection and prioritization shall be accomplished by the For-
est Service with such consultation with the State of Wash-
ington as the Forest Service deems appropriate.
220
HR 2217 PP
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 appro-
priate with the Pinchot Institute for Conservation, as well
as with public and other private agencies, organizations,
institutions, and individuals, to provide for the develop-
ment, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers
National Historic Landmark: Provided, That, subject to
such terms and conditions as the Secretary of Agriculture
may prescribe, any such public or private agency, organiza-
tion, institution, or individual may solicit, accept, and ad-
minister private gifts of money and real or personal prop-
erty for the benefit of, or in connection with, the activities
and services at the Grey Towers National Historic Land-
mark: Provided further, That such gifts may be accepted
notwithstanding the fact that a donor conducts business
with the Department of Agriculture in any capacity.
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)
221
HR 2217 PP
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 Agriculture, for
travel and related expenses incurred as a result of OGC as-
sistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land pur-
chase negotiations and similar non-litigation related mat-
ters. 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.
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 defini-
tions of indirect expenditures established pursuant to Public
Law 105–277 on a nationwide basis without flexibility for
modification by any organizational level except the Wash-
ington Office, and when changed by the Washington Office,
such changes in definition shall be reported in budget re-
quests submitted by the Forest Service: Provided further,
222
HR 2217 PP
That the Forest Service shall provide in all future budget
justifications, planned indirect expenditures in accordance
with the definitions, summarized and displayed to the Re-
gional, 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 dis-
play shall include appropriated funds and the Knutson-
Vandenberg, Brush Disposal, Cooperative Work-Other, and
Salvage Sale funds. Changes between 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 obligations 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 Appropriations 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.