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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,
$75,217,000, of which: (1) $70,102,000 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) $5,295,000 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
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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, sufficient funding shall be
made available for a grant to the Close Up Foundation:
Provided further, That the funds for the program of oper-
ations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance im-
provement of capital infrastructure with territorial partici-
pation and cost sharing to be determined by the Secretary
based on the grantee’s commitment to timely maintenance
of its capital assets: Provided further, That any appropria-
tion for disaster assistance under this heading in this Act
or previous appropriations Acts may be used as non-Fed-
eral 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).
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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, $20,925,000,
to remain available until expended, as authorized by Public
Law 99–239 and Public Law 99–658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the Depart-
ment of the Interior, $72,427,000, 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,
$47,773,000.
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OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector Gen-
eral, $36,239,000, 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.
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, $151,027,000, 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 2003, 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-
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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
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: Provided
further, That not to exceed $50,000 is available for the Sec-
retary to make payments to correct administrative errors
of either disbursements from or deposits to Individual In-
dian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recov-
ered shall be credited to this account.
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-
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tion Act of 1983, as amended, by direct expenditure or coop-
erative agreement, $7,980,000, to remain available until ex-
pended and which may be transferred to the Bureau of In-
dian Affairs and Departmental Management.
For implementation of a water rights and habitat ac-
quisition program pursuant to section 10 of Public Law
106–263, $3,000,000, to remain available until expended
and to be derived from the Land and Water Conservation
Fund: Provided, That these funds may be available for
transfer to the Bureau of Indian Affairs.
NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior nec-
essary to carry out the provisions of the Comprehensive En-
vironmental Response, 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.), and Public Law 101–337, as amended (16
U.S.C. 19jj et seq.), $5,538,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
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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 notwithstanding any other provision of law,
the Office of Aircraft Services shall transfer to the Sheriff’s
Office, Kane County, Utah, without restriction, a Cessna
U206G, identification number N211S, serial number
20606916, for the purpose of facilitating more efficient law
enforcement activities at Glen Canyon National Recreation
Area and the Grand Staircase Escalante National Monu-
ment: Provided further, That no programs funded with ap-
propriated funds in the ‘‘Departmental Management’’, ‘‘Of-
fice of the Solicitor’’, 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-
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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
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
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the jurisdiction of the Secretary, pursuant to the authority
in section 1773(b) of Public Law 99–198 (99 Stat. 1658);
for emergency reclamation projects under section 410 of
Public Law 95–87; and shall transfer, from 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 30 days: Provided further,
That all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be replen-
ished by a supplemental appropriation which must be re-
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quested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro
rata basis, accounts from which emergency funds were
transferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any other
activity in the same manner as authorized by 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
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members only or at a price to members lower than to sub-
scribers who are not members.
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
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oil and natural gas preleasing, leasing and related activi-
ties in the eastern Gulf of Mexico planning area for any
lands located outside Sale 181, as identified in the final
Outer Continental Shelf 5-Year Oil and Gas Leasing 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-
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tions of the United States or securities that are guar-
anteed or insured by the United States; or
(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 the 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. 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-
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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. 114. 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-
odologies. No tribe shall receive a reduction in Tribal Pri-
ority Allocation funds of more than 10 percent in fiscal
year 2003. Under circumstances of dual enrollment, over-
lapping service areas or inaccurate distribution methodolo-
gies, the 10 percent limitation does not apply.
SEC. 115. Funds appropriated for the Bureau of In-
dian Affairs for postsecondary schools for fiscal year 2003
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. 116. (a) The Secretary of the Interior shall take
such action as may be necessary to ensure that the lands
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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. 117. 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
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. 118. 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. 119. Notwithstanding 31 U.S.C. 3302(b), sums
received by the Bureau of Land Management for the sale
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of seeds or seedlings including those collected in fiscal year
2002, 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. 120. 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.
(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.
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(b) IN GENERAL.—The Secretary shall carry out a
demonstration program for fiscal years 2003 through 2007
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 In-
dian tribe that agrees to fund all future operation
and maintenance costs of the tribally controlled school
constructed under the demonstration program from
other than federal funds 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
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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 be used only for con-
struction or replacement of a tribally controlled
school.
(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.).
(d) REPORT.—At the conclusion of the five-year dem-
onstration program, the Secretary shall report to Congress
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as to whether the demonstration program has achieved its
purposes of providing additional tribes fair opportunities
to construct tribally controlled schools, accelerating con-
struction of needed educational facilities in Indian Coun-
try, and permitting additional funds to be provided for the
Department’s priority list for construction of replacement
educational facilities.
SEC. 121. WHITE RIVER OIL SHALE MINE, UTAH.
SALE.—Subject to the terms and conditions of section 126
of the Department of the Interior and Related Agencies Act,
2002, the Administrator of General Services shall sell all
right, title, and interest of the United States in and to the
improvements and equipment of the White River Oil Shale
Mine.
SEC. 122. 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. 123. 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.
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SEC. 124. In fiscal year 2003 and each fiscal year
thereafter, notwithstanding any other provision of law, with
respect to a service contract for the provision solely of trans-
portation services at Zion National Park or Rocky Moun-
tain National Park, the Secretary of the Interior may obli-
gate the expenditure of fees expected to be received in that
fiscal year before the fees are received, so long as total obli-
gations do not exceed fee collections retained at Zion Na-
tional Park or Rocky Mountain National Park, respec-
tively, by the end of that fiscal year.
SEC. 125. Section 6(f) of Public Law 88–578 as
amended shall not apply to LWCF program #02–00010.
SEC. 126. None of the funds made available in this
Act or any other Act providing appropriations for the De-
partment of the Interior may be expended or obligated to
issue a Record of Decision or take any action to issue a
right-of-way grant for a pipeline or associated facilities re-
lated to the Cadiz groundwater storage and dry-year supply
program.
SEC. 127. Notwithstanding section 1(d) of Public Law
107–62, the National Park Service is authorized to obligate
$1,000,000 made available in fiscal year 2002 to plan the
John Adams Presidential memorial in cooperation with
non-Federal partners.
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SEC. 128. Notwithstanding any other provision of law,
funds appropriated and remaining available in the Con-
struction (Trust Fund) account of the National Park Serv-
ice at the completion of all authorized projects, shall be
available for the rehabilitation and improvement of Going-
to-the-Sun Road in Glacier National Park.
SEC. 129. Using funds appropriated by section 501(d)
of the Emergency Supplemental Appropriations Act, 1999
(Public Law 106–31), the Secretary shall provide interim
compensation payments of up to $10,000 each within 30
days of the date of the enactment of this Act to all claimants
who filed a claim for compensation under the Glacier Bay
compensation plan and which has not been rejected or with-
drawn and have not received a compensation payment. The
amount of final compensation paid to any such claimant
shall be reduced by the total dollar amount of any interim
compensation payments received.
SEC. 130. Hereafter, the Department of the Interior
National Business Center may continue to enter into
grants, cooperative agreements, and other transactions,
under the Defense Conversion, Reinvestment, and Transi-
tion Assistance Act of 1992, and other related legislation.
SEC. 131. (a) IN GENERAL.—Nothing in section 134
of the Department of the Interior and Related Agencies Ap-
propriations Act, 2002 (115 Stat. 443) affects the decision
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of the United States Court of Appeals for the 10th Circuit
in Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).
(b) USE OF CERTAIN INDIAN LAND.—Nothing in this
section permits the conduct of gaming under the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land
described in section 123 of the Department of the Interior
and Related Agencies Appropriations Act, 2001 (114 Stat.
944), or land that is contiguous to that land, regardless of
whether the land or contiguous land has been taken into
trust by the Secretary of the Interior.
SEC. 132. Section 3(f)(2)(B) of Public Law 99–548
(100 Stat. 3061; 113 Stat. 1501A–168) is amended by strik-
ing ‘‘(iv) Sec. 8.’’ and inserting the following:
‘‘(iv) Sec. 7.
‘‘(v) Sec. 8.’’.
SEC. 133. Of the funds made available under the head-
ing ‘‘United States Fish and Wildlife Service, Construc-
tion’’ in Public Law 107–63 for hangar roof replacement
at Midway Atoll National Wildlife Refuge, not to exceed
$650,000 may be transferred to ‘‘United States Fish and
Wildlife Service, Resource Management’’ for operational
needs at Midway Atoll National Wildlife Refuge.
SEC. 134. Public Law 107–331 is amended in Sections
301(b) and 301(d) by striking the word ‘‘Secretary’’ each
place it appears and inserting in lieu thereof the word ‘‘Di-
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rector’’, and by striking the text of Section 301(c)(3) and
inserting in lieu thereof ‘‘DIRECTOR.—The term ‘Director’
means the Director of the Institute of Museum and Library
Services.’’.
SEC. 135. Section 113 of Public Law 104–208 (31
U.S.C. 501 note.) is amended by deleting ‘‘That such fund
shall be paid in advance’’ and inserting ‘‘That such fund
may be paid in advance’’.
SEC. 136. HISTORICALLY BLACK COLLEGES AND UNI-
VERSITIES. (a) DECREASED
COST-SHARING
REQUIRE-
MENT.—Section 507(c) of the Omnibus Parks and Public
Lands Management Act of 1996 (16 U.S.C. 470a note) is
amended—
(1) by striking ‘‘(1) Except’’ and inserting the
following:
‘‘(1) IN GENERAL.—Except’’;
(2) by striking ‘‘paragraph (2)’’ and inserting
‘‘paragraphs (2) and (3)’’;
(3) by striking ‘‘(2) The Secretary’’ and insert-
ing the following:
‘‘(2) WAIVER.—The Secretary’’;
(4) by striking ‘‘paragraph (1)’’ and inserting
‘‘paragraphs (1) and (3)’’; and
(5) by adding at the end the following:
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‘‘(3) EXCEPTION.—The Secretary shall not obli-
gate funds made available under subsection (d)(2) for
a grant with respect to a building or structure listed
on, or eligible for listing on, the National Register of
Historic Places unless the grantee agrees to provide,
from funds derived from non-Federal sources, an
amount that is equal to 30 percent of the total cost
of the project for which the grant is provided.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
507(d) of the Omnibus Parks and Public Lands Manage-
ment Act of 1996 (16 U.S.C. 470a note) is amended—
(1) by striking ‘‘Pursuant to’’ and inserting the
following:
‘‘(1) IN GENERAL.—Under’’; and
(2) by adding at the end the following:
‘‘(2) ADDITIONAL
FUNDING.—In addition to
amounts made available under paragraph (1), there
is authorized to be appropriated from the Historic
Preservation 
Fund 
to 
carry 
out 
this 
section
$10,000,000 for each of fiscal years 2003 through
2008.’’.
SEC. 137. The document entitled ‘‘Final Environ-
mental Impact Statement for the Renewal of the Federal
Grant for the Trans-Alaska Pipeline System Right-of-Way
(FEIS)’’ dated November 2002, shall be deemed sufficient
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to meet the requirements of section 102(2)(C) of the Na-
tional Environmental Policy Act (42 U.S.C. 4332(2)(C))
with respect to the determination contained in the Record
of Decision dated January 8, 2003 relating to the renewal
of the Federal right-of-way for the Trans-Alaska Pipeline
and related facilities.
SEC. 138. MISSOURI RIVER. It is the sense of the Con-
gress that the member States and tribes of the Missouri
River Basin Association are strongly encouraged to reach
agreement on a flow schedule for the Missouri River as soon
as practicable for 2003.
SEC. 139. TREATMENT OF ABANDONED MINE REC-
LAMATION FUND INTEREST. (a) IN GENERAL.—Notwith-
standing any other provision of law, any interest credited
to the fund established by section 401 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231)
shall be transferred to the Combined Fund identified in sec-
tion 402(h)(2) of such Act (30 U.S.C. 1232(h)(2)), up to
such amount as is estimated by the trustees of such Com-
bined Fund to offset the amount of any deficit in net assets
in the Combined Fund. No transfers made pursuant to this
section shall exceed $34,000,000.
(b) PROHIBITION ON OTHER TRANSFERS.—Except as
provided in subsection (a), no principal amounts in or
credited to the fund established by section 401 of the Surface
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Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231) may be transferred to the Combined Fund identified
in section 402(h)(2) of such Act (30 U.S.C 1232(h)(2)).
(c) LIMITATION.—This section shall cease to have any
force and effect after September 30, 2004.
SEC. 140. Section 511(g)(2)(A) of the Omnibus Parks
and Public Lands Management Act of 1996 (16 U.S.C.
410ddd(g)(2)(A)) is amended by striking ‘‘$2,000,000’’ and
inserting ‘‘$5,000,000’’.
SEC. 141. Congress reaffirms its original intent that
the Herger-Feinstein Quincy Library Group Forest Recov-
ery Act of 1998 be implemented, and hereby extends the ex-
piration of the Quincy Library Group Act by 5 years.
SEC. 142. REPLACEMENT OF COASTAL BARRIER RE-
SOURCES SYSTEM MAP. (a) IN GENERAL.—The map de-
scribed in subsection (b) is replaced, in the maps depicting
the Coastal Barrier Resources System that are referred to
in section 4(a) of the Coastal Barrier Resources Act (16
U.S.C. 3503(a)), by the map entitled ‘‘Plum Tree Island
Unit VA–59P, Long Creek Unit VA–60/VA–60P’’ and dated
May 1, 2002.
(b) DESCRIPTION OF REPLACED MAP.—The map re-
ferred to in subsection (a) is the map that—
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(1) relates to Plum Island Unit VA–59P and
Long Creek Unit VA–60/VA–60P located in Poquoson
and Hampton, Virginia; and
(2) is included in a set of maps entitled ‘Coastal
Barrier Resources System’’, dated October 24, 1990,
revised on October 23, 1992, and referred to in section
4(a) of the Coastal Barrier Resources Act (16 U.S.C.
3503(a)).
(c) AVAILABILITY.—The Secretary of the Interior shall
keep the replacement map described in subsection (b) on
file and available for inspection in accordance with section
4(b) of the Coastal Barrier Resources Act (16 U.S.C.
3503(b)).
SEC. 143. SENSE OF THE SENATE REGARDING SOUTH-
ERN CALIFORNIA OFFSHORE OIL LEASES. (a) FINDINGS.—
Congress finds that—
(1) there are 36 undeveloped oil leases on land
in the southern California planning area of the outer
Continental Shelf that—
(A) have been under review by the Secretary
of the Interior for an extended period of time, in-
cluding some leases that have been under review
for over 30 years; and
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(B) have not been approved for development
under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.);
(2) the oil companies that hold the 36 leases—
(A) have expressed an interest in retiring
the leases in exchange for equitable compensa-
tion; and
(B) are engaged in settlement negotiations
with the Secretary of the Interior for the retire-
ment of the leases; and
(3) it would be a waste of the taxpayer’s money
to continue the process for approval or permitting of
the 36 leases while the Secretary of the Interior and
the lessees are negotiating to retire the leases.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that no funds made available by this Act or any other
Act for any fiscal year should be used by the Secretary of
the Interior to approve any exploration, development, or
production plan for, or application for a permit to drill
on, the 36 undeveloped leases in the southern California
planning area of the outer Continental Shelf during any
period in which the lessees are engaged in settlement nego-
tiations with the Secretary of the Interior for the retirement
of the leases.
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SEC. 144. REPORT ON AVIAN MORTALITY AT COMMU-
NICATIONS TOWERS. (a) IN GENERAL.—Not later than 180
days after the date of enactment of this Act, the Director
of the United States Fish and Wildlife Service, in coopera-
tion with the Chairman of the Federal Communications
Commission and the Administrator of the Federal Aviation
Administration, shall submit to the Committee on Appro-
priations, the Committee on Environment and Public
Works, and the Committee on Commerce, Science, and
Transportation of the Senate a report on avian mortality
at communications towers in the United States.
(b) CONTENTS.—The report submitted under sub-
section (a) shall include—
(1) an estimate of the number of birds that col-
lide with communication towers;
(2) a description of the causes of those collisions;
and
(3) recommendations on how to prevent those
collisions.
SEC. 145. PERMANENT AUTHORITY TO OPERATE THE
STRATEGIC PETROLEUM RESERVE AND OTHER ENERGY
PROGRAMS. (a) AMENDMENT TO TITLE I OF THE ENERGY
POLICY AND CONSERVATION ACT.—Title I of the Energy
Policy and Conservation Act (42 U.S.C. 6211 et seq.) is
amended—
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(1) by striking section 166 (42 U.S.C. 6246) and
inserting—
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 166. There are authorized to be appropriated
to the Secretary such sums as may be necessary to carry
out this part and part D, to remain available until ex-
pended.’’;
(2) by striking section 186 (42 U.S.C. 6250e);
and
(3) by striking part E (42 U.S.C. 6251; relating
to the expiration of title I of the Act).
(b) AMENDMENT TO TITLE II OF THE ENERGY POLICY
AND CONSERVATION ACT.—Title II of the Energy Policy
and Conservation Act (42 U.S.C. 6271 et seq.) is
amended—
(1) by striking section 256(h) (42 U.S.C.
6276(h)) and inserting—
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary such
sums as may be necessary to carry out this part, to remain
available until expended.’’;
(2) by inserting before section 273 (42 U.S.C.
6283) the following:
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‘‘PART C—SUMMER FILL AND FUEL BUDGETING
PROGRAMS’’;
(3) by striking section 273(e) (42 U.S.C. 6283(e);
relating to the expiration of summer fill and fuel
budgeting programs); and
(4) by striking part D (42 U.S.C. 6285; relating
to the expiration of title II of the Act).
(c) TECHNICAL AMENDMENTS.—The table of contents
for the Energy Policy and Conservation Act is amended—
(1) by amending the items relating to part D of
title I to read as follows:
‘‘PART D—NORTHEAST HOME HEATING OIL RESERVE
‘‘Sec. 181. Establishment.
‘‘Sec. 182. Authority.
‘‘Sec. 183. Conditions for release; plan.
‘‘Sec. 184. Northeast Home Heating Oil Reserve Account.
‘‘Sec. 185. Exemptions.’’;
(2) by amending the items relating to part C of
title II to read as follows:
‘‘PART C—SUMMER FILL AND FUEL BUDGETING PROGRAMS
‘‘Sec. 273. Summer fill and fuel budgeting programs.’’;
and
(3) by striking the items relating to part D of
title II.
(d) AMENDMENT TO THE ENERGY POLICY AND CON-
SERVATION ACT.—Section 183(b)(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6250b(b)(1)) is amended
520
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by inserting ‘‘(considered as a heating season average)’’
after ‘‘mid-October through March’’.
(e) FULL CAPACITY.—The President shall—
(1) fill the Strategic Petroleum Reserve estab-
lished pursuant to part B of title I of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6231 et seq.) to
full capacity as soon as practicable;
(2) acquire petroleum for the Strategic Petro-
leum Reserve by the most practicable and cost-effec-
tive means, including the acquisition of crude oil the
United States is entitled to receive in kind as royal-
ties from production on Federal lands; and
(3) ensure that the fill rate minimizes impacts
on petroleum markets.
(f) RECOMMENDATIONS.—Not later than 180 days
after the date of enactment of this Act, the Secretary of En-
ergy shall submit to the Congress a plan to—
(1) eliminate any infrastructure impediments
that may limit maximum drawdown capability; and
(2) determine whether the capacity of the Stra-
tegic Petroleum Reserve on the date of enactment of
this section is adequate in light of the increasing con-
sumption of petroleum and the reliance on imported
petroleum.
521
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SEC. 146. MODIFIED WATER DELIVERY PROJECT IN
THE STATE OF FLORIDA. The Corps of Engineers, using
funds made available for modifications authorized by sec-
tion 104 of the Everglades National Park Protection and
Expansion Act of 1989 (16 U.S.C. 410r–8), may imme-
diately carry out alternative 6D (including paying 100 per-
cent of the cost of acquiring land or an interest in land)
for the purpose of providing a flood protection system for
the 8.5 square mile area described in the report entitled
‘‘Central and South Florida Project, Modified Water Deliv-
eries to Everglades National Park, Florida, 8.5 Square Mile
Area, General Reevaluation Report and Final Supple-
mental Environmental Impact Statement’’ and dated July
2000.
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, $247,804,000, 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-
522
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ment, treatment of pests, pathogens, and invasive plants,
cooperative forestry, and education and land conservation
activities and conducting an international program as au-
thorized, $297,472,000, to remain available until expended,
as authorized by law: Provided, That notwithstanding any
other provision of law, of the funds provided under this
heading, $2,000,000 shall be made available to Kake Tribal
Corporation as an advanced direct lump sum payment to
implement the Kake Tribal Corporation Land Transfer Act
(Public Law 106–283).
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not other-
wise provided for, for management, protection, improve-
ment, and utilization of the National Forest System,
$1,352,999,000, 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 2003 shall be displayed by budget line item in the fis-
cal year 2004 budget justification: Provided further, That
the Secretary may authorize the expenditure or transfer of
such sums as necessary to the Department of the Interior,
Bureau of Land Management for removal, preparation, and
adoption of excess wild horses and burros from National
523
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Forest System lands: Provided further, That of the funds
provided under this heading for Forest Products, $4,000,000
shall be allocated to the Alaska Region, 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 accomplishment: Provided fur-
ther, That within funds available for the purpose of imple-
menting the Valles Caldera Preservation Act, notwith-
standing the limitations of section 107(e)(2) of the Valles
Caldera Preservation Act (Public Law 106–248), for fiscal
year 2003, the members of the Board of Trustees of the
Valles Caldera Trust may receive, upon request, compensa-
tion for each day (including travel time) that they are en-
gaged in the performance of the functions of the Board, ex-
cept that compensation shall not exceed the daily equivalent
of the annual rate in effect for members of the Senior Execu-
tive Service at the ES–1 level, and shall be in addition to
any reimbursement for travel, subsistence and other nec-
essary expenses incurred by them in the performance of
their duties, and except that members of the Board who are
officers or employees of the United States shall not receive
any additional compensation by reason of service on the
Board.
524
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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, hazardous fuel reduction
on or adjacent to such lands, and for emergency rehabilita-
tion of burned-over National Forest System lands and
water, $1,351,791,000, 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 2002 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, $8,000,000 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
525
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for Fire Science Research: Provided further, That funds
provided shall be available for emergency rehabilitation and
restoration, hazard reduction activities in the urban-
wildland interface, support to Federal emergency response,
and wildfire suppression activities of the Forest Service:
Provided further, That funds for hazardous fuel treatment
under this heading may be used for the County Partnership
Restoration Program for forest restoration on the Apache-
Sitgreaves National Forest in Arizona, the Lincoln Na-
tional Forest in New Mexico, and the Grand Mesa,
Uncompahgre and Gunnison National Forest in Colorado:
Provided further, That of the funds provided, $228,109,000
is for hazardous fuel treatment, $6,124,000 is for rehabilita-
tion and restoration, of which $2,500,000 may be for reha-
bilitation and restoration on the Apache-Sitgreaves Na-
tional Forest, $21,427,000 is for research activities and to
make competitive research grants pursuant to the Forest
and Rangeland Renewable Resources Research Act, as
amended (16 U.S.C. 1641 et seq.), $46,555,000 is for state
fire assistance, $8,240,000 is for volunteer fire assistance,
$11,934,000 is for forest health activities on state, private,
and Federal lands: Provided further, That amounts in this
paragraph may be transferred to the ‘‘State and Private
Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and
Rangeland Research’’ accounts to fund state fire assistance,
526
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volunteer fire assistance, and forest health management,
vegetation and watershed management, heritage site reha-
bilitation, wildlife and fish habitat management: Provided
further, That transfers of any amounts in excess of those
authorized in this paragraph, shall require approval of the
House and Senate Committees on Appropriations in com-
pliance with reprogramming procedures contained in
House Report No. 105–163: Provided further, That the costs
of implementing any cooperative agreement between the
Federal government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties: Pro-
vided further, That in entering into such grants or coopera-
tive agreements, the Secretary may consider the enhance-
ment of local and small business employment opportunities
for rural communities, and that in entering into procure-
ment 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 opportuni-
ties in rural communities, and that the Secretary may
award procurement contracts, grants, or cooperative agree-
ments under this section to entities that include local non-
profit entities, Youth Conservation Corps or related part-
nerships with State, local or non-profit youth groups, or
small or disadvantaged businesses: Provided further, That
in addition to funds provided for State Fire Assistance pro-
527
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grams, and subject to all authorities available to the Forest
Service under the State and Private Forestry Appropria-
tion, up to $15,000,000 may be used on adjacent non-Fed-
eral lands for the purpose of protecting communities when
hazard reduction activities are planned on national forest
lands that have the potential to place such communities at
risk: Provided further, That included in funding for haz-
ardous 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 in expend-
ing the funds provided with respect to this Act for haz-
ardous fuels reduction, the Secretary of the Interior and the
Secretary of Agriculture may conduct fuel reduction treat-
ments on Federal lands using all contracting and hiring
authorities available to the Secretaries applicable to haz-
ardous fuel reduction activities under the wildland fire
management accounts. Notwithstanding Federal govern-
ment procurement and contracting laws, the Secretaries
may conduct fuel reduction treatments, rehabilitation and
restoration, and other activities authorized in this section,
on and adjacent to Federal lands using grants and coopera-
tive agreements. Notwithstanding Federal government pro-
528
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curement and contracting laws, in order to provide employ-
ment and training opportunities to people in rural commu-
nities, the Secretaries may award contracts, including con-
tracts for monitoring activities, to—
(1) local private, nonprofit, or cooperative enti-
ties;
(2) Youth Conservation Corps crews or related
partnerships, with State, local and non-profit youth
groups;
(3) small or micro-businesses; or
(4) other entities that will hire or train a sig-
nificant 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 haz-
ardous fuels reduction activities in the urban
wildland interface are obligated.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not other-
wise provided for, $543,656,000, 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: Provided,
529
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That no funds shall be expended to decommission any sys-
tem road until notice and an opportunity for public com-
ment has been provided on each decommissioning project:
Provided further, That the Forest Service shall transfer
$500,000 appropriated in Public Law 107–63 within the
Capital Improvement and Maintenance appropriation, to
the State and Private Forestry appropriation, and shall
provide these funds in an advance direct lump sum pay-
ment to Purdue University for planning and construction
of a hardwood tree improvement and generation facility:
Provided further, That notwithstanding any provision of
law, funds provided for construction of facilities at Purdue
University in Indiana in this Act, in the amount of
$3,100,000 shall be available to the University.
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, $145,763,000 to be derived
from the Land and Water Conservation Fund and to re-
main available until expended.
530
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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-
trative expenses associated with on-the-ground range reha-
bilitation, protection, and improvements.
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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), $5,542,000, 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 113 passenger motor vehicles of which 10 will be used
primarily for law enforcement purposes and of which 113
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-
standing other provisions of law, existing aircraft being re-
placed may be sold, with proceeds derived or trade-in value
532
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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 pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the Na-
tional 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 accord-
ance 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
conditions if and only if all previously appropriated emer-
gency contingent funds under the heading ‘‘Wildland Fire
533
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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-
cordance with the procedures contained in House Report
No. 105–163.
534
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No funds available to the Forest Service shall be trans-
ferred to the Working Capital Fund of the Department of
Agriculture that exceed the total amount transferred during
fiscal year 2000 for such purposes without the advance ap-
proval of the House and Senate Committees on Appropria-
tions.
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.
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
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
535
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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 authorized
investments of Federal funds held by the Foundation may
be made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98–244,
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fish and
Wildlife Foundation, as authorized by 16 U.S.C. 3701–
3709, and may be advanced in a lump sum as 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,
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.
536
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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.
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
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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)
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
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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.
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 $1,000,000.
The Secretary of Agriculture may authorize the sale
of excess buildings, facilities, and other properties owned
by the Forest Service and located on the Green Mountain
National Forest, the revenues of which shall be retained by
the Forest Service and available to the Secretary without
further appropriation and until expended for maintenance
and rehabilitation activities on the Green Mountain Na-
tional Forest.
The Secretary of Agriculture may transfer or reim-
burse funds available to the Forest Service, not to exceed
$15,000,000, to the Secretary of the Interior or the Sec-
retary of Commerce to expedite conferencing and consulta-
tions as required under section 7 of the Endangered Species
Act, 16 U.S.C. 1536. The amount of the transfer or reim-
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bursement shall be as mutually agreed by the Secretary of
Agriculture 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 consultation and
conferencing.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL)
Of the funds made available under this heading for
obligation in prior years, $70,000,000 shall not be available
until October 1, 2003: Provided, That funds made available
in previous appropriations Acts shall be available for any
ongoing project regardless of the separate request for pro-
posal under which the project was selected.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (Public Law
95–91), including the acquisition of interest, including de-
feasible and equitable interests in any real property or any
facility or for plant or facility acquisition or expansion,
and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social
and environmental costs (30 U.S.C. 3, 1602, and 1603),
$625,665,000, to remain available until expended, of which
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$4,000,000 is to continue a multi-year project for construc-
tion, renovation, furnishing, and demolition or removal of
buildings at National Energy Technology Laboratory facili-
ties in Morgantown, West Virginia and Pittsburgh, Penn-
sylvania; and of which $150,000,000 are to be made avail-
able, after coordination with the private sector, for a request
for proposals for a Clean Coal Power Initiative providing
for competitively-awarded research, development, and dem-
onstration projects to reduce the barriers to continued and
expanded coal use: Provided, That no project may be se-
lected for which sufficient funding is not available to pro-
vide for the total project: Provided further, That funds shall
be expended in accordance with the provisions governing
the use of funds contained under the heading ‘‘Clean Coal
Technology’’ in prior appropriations: Provided further,
That the Department may include provisions for repayment
of Government contributions to individual projects in an
amount up to the Government contribution to the project
on terms and conditions that are acceptable to the Depart-
ment including repayments from sale and licensing of tech-
nologies from both domestic and foreign transactions: Pro-
vided further, That such repayments shall be retained by
the Department for future coal-related research, develop-
ment and demonstration projects: Provided further, That
any technology selected under this program shall be consid-
541
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ered a Clean Coal Technology, and any project selected
under this program shall be considered a Clean Coal Tech-
nology Project, for the purposes of 42 U.S.C. § 7651n, and
Chapters 51, 52, and 60 of title 40 of the Code of Federal
Regulations: Provided further, That no part of the sum
herein made available shall be used for the field testing of
nuclear explosives in the recovery of oil and gas: Provided
further, That up to 4 percent of program direction funds
available to the National Energy Technology Laboratory
may be used to support Department of Energy activities
not included in this account.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out naval petroleum
and oil shale reserve activities, $20,831,000, to remain
available until expended: Provided, That, notwithstanding
any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum
and oil shale reserve activities.
ELK HILLS SCHOOL LANDS FUND
For necessary expenses in fulfilling installment pay-
ments under the Settlement Agreement entered into by the
United States and the State of California on October 11,
1996, as authorized by section 3415 of Public Law 104–
106, $36,000,000, to become available on October 1, 2003
for payment to the State of California for the State Teach-
543
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Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), $7,000,000, to remain available until
expended.
NORTHEAST HOME HEATING OIL RESERVE
For necessary expenses for Northeast Home Heating
Oil Reserve storage, operations, and management activities
pursuant to the Energy Policy and Conservation Act of
2000, $6,000,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $80,111,000, to
remain available until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal
year shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
From appropriations under this Act, transfers of sums
may be made to other agencies of the Government for the
performance of work for which the appropriation is made.
None of the funds made available to the Department
of Energy under this Act shall be used to implement or fi-
nance authorized price support or loan guarantee programs
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unless specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account
of the Department of Energy or otherwise generated by sale
of products in connection with projects of the Department
appropriated under this Act may be retained by the Sec-
retary of Energy, to be available until expended, and used
only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-
sharing contracts or agreements: Provided further, That the
remainder of revenues after the making of such payments
shall be covered into the Treasury as miscellaneous receipts:
Provided further, That any contract, agreement, or provi-
sion thereof entered into by the Secretary pursuant to this
authority shall not be executed prior to the expiration of
30 calendar days (not including any day in which either
House of Congress is not in session because of adjournment
of more than 3 calendar days to a day certain) from the
receipt by the Speaker of the House of Representatives and
the President of the Senate of a full comprehensive report
545
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on such project, including the facts and circumstances relied
upon in support of the proposed project.
No funds provided in this Act may be expended by the
Department of Energy to prepare, issue, or process procure-
ment documents for programs or projects for which appro-
priations have not been made.
In addition to other authorities set forth in this Act,
the Secretary may accept fees and contributions from public
and private sources, to be deposited in a contributed funds
account, and prosecute projects using such fees and con-
tributions in cooperation with other Federal, State or pri-
vate agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August
5, 1954 (68 Stat. 674), the Indian Self-Determination Act,
the Indian Health Care Improvement Act, and titles II and
III of the Public Health Service Act with respect to the In-
dian Health Service, $2,455,881,000, together with pay-
ments received during the fiscal year pursuant to 42 U.S.C.
238(b) for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
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other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25
U.S.C. 450), shall be deemed to be obligated at the time
of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal
year limitation: Provided further, That $18,000,000 shall
remain available until expended, for the Indian Cata-
strophic Health Emergency Fund: Provided further, That
$450,130,000 for contract medical care shall remain avail-
able for obligation until September 30, 2004: Provided fur-
ther, That of the funds provided, up to $22,000,000 shall
be used to carry out the loan repayment program under
section 108 of the Indian Health Care Improvement Act:
Provided further, That funds provided in this Act may be
used for one-year contracts and grants which are to be per-
formed in two fiscal years, so long as the total obligation
is recorded in the year for which the funds are appro-
priated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the author-
ity of title IV of the Indian Health Care Improvement Act
shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and re-
quirements of titles XVIII and XIX of the Social Security
Act (exclusive of planning, design, or construction of new
facilities): Provided further, That funding contained herein,
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and in any earlier appropriations Acts for scholarship pro-
grams under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available for obligation until
September 30, 2004: Provided further, That amounts re-
ceived by tribes and tribal organizations under title IV of
the Indian Health Care Improvement Act shall be reported
and accounted for and available to the receiving tribes and
tribal organizations until expended: Provided further, That,
notwithstanding any other provision of law, of the amounts
provided herein, not to exceed $270,734,000 shall be for
payments to tribes and tribal organizations for contract or
grant support costs associated with contracts, grants, self-
governance compacts or annual funding agreements between
the Indian Health Service and a tribe or tribal organiza-
tion pursuant to the Indian Self-Determination Act of
1975, as amended, prior to or during fiscal year 2003, of
which not to exceed $2,500,000 may be used for contract
support costs associated with new or expanded self-deter-
mination contracts, grants, self-governance compacts or an-
nual funding agreements: Provided further, That notwith-
standing any other provision of law, contributions author-
ized by 10 U.S.C. 1111 for the Uniformed Service of the
Public Health Service shall be paid in fiscal year 2003 from
the Department of Health and Human Services’s Retire-
ment Pay and Medical Benefits for Commissioned Officers
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account without charges billed to the Indian Health Service:
Provided further, That the provisions of 10 U.S.C. 1116
shall not apply to the Indian Health Service: Provided fur-
ther, That funds available for the Indian Health Care Im-
provement Fund may be used, as needed, to carry out ac-
tivities typically funded under the Indian Health Facilities
account: Provided further, That of the amounts provided
for Indian Health Services, $15,000,000 is provided to the
Alaska Federation of Natives for alcohol control, prevention,
treatment, sobriety and wellness, of which at least $100,000
shall be available for an independent third party to conduct
an evaluation of the program: Provided further, That no
more than 5 percent may be used by any entity receiving
funding for administrative overhead including indirect
costs: Provided further, That prior to the release of funds
to a regional Native non-profit entity, it must enter into
an agreement with the regional Native health corporation
on allocation of resources to avoid duplication of effort and
to foster cooperation.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities, in-
cluding quarters for personnel; preparation of plans, speci-
fications, and drawings; acquisition of sites, purchase and
erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
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facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter-
mination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with re-
spect to environmental health and facilities support activi-
ties of the Indian Health Service, $365,390,000, to remain
available until expended: Provided, That notwithstanding
any other provision of law, funds appropriated for the plan-
ning, design, construction or renovation of health facilities
for the benefit of an Indian tribe or tribes may be used
to purchase land for sites to construct, improve, or enlarge
health or related facilities: Provided further, That from the
funds appropriated herein, $5,000,000 shall be designated
by the Indian Health Service as a contribution to the
Yukon-Kuskokwim Health Corporation (YKHC) to con-
tinue a priority project for the acquisition of land, plan-
ning, design and construction of 79 staff quarters in the
Bethel service area, pursuant to the negotiated project
agreement between the YKHC and the Indian Health Serv-
ice: Provided further, That this project shall not be subject
to the construction provisions of the Indian Self-Determina-
tion and Education Assistance Act and shall be removed
from the Indian Health Service priority list upon comple-
tion: Provided further, That the Federal Government shall
550
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not be liable for any property damages or other construction
claims that may arise from YKHC undertaking this project:
Provided further, That the land shall be owned or leased
by the YKHC and title to quarters shall remain vested with
the YKHC: Provided further, That not to exceed $500,000
shall be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for
distribution to the Indian Health Service and tribal facili-
ties: Provided further, That none of the funds appropriated
to the Indian Health Service may be used for sanitation
facilities construction for new homes funded with grants by
the housing programs of the U.S. Department of Housing
and Urban Development: Provided further, That not to ex-
ceed $1,000,000 shall be used by the Indian Health Service
to obtain ambulances for the Indian Health Service and
tribal facilities in conjunction with an existing interagency
agreement between the Indian Health Service and the Gen-
eral Services Administration: Provided further, That not to
exceed $500,000 shall be placed in a Demolition Fund,
available until expended, to be used by the Indian Health
Service for demolition of Federal buildings: Provided fur-
ther, That notwithstanding the provisions of title III, sec-
tion 306, of the Indian Health Care Improvement Act (Pub-
lic Law 94–437, as amended), construction contracts au-
thorized under title I of the Indian Self-Determination and
551
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Education Assistance Act of 1975, as amended, may be used
rather than grants to fund small ambulatory facility con-
struction projects: Provided further, That if a contract is
used, the IHS is authorized to improve municipal, private,
or tribal lands, and that at no time, during construction
or after completion of the project will the Federal Govern-
ment have any rights or title to any real or personal prop-
erty acquired as a part of the contract: Provided further,
That notwithstanding any other provision of law or regula-
tion, for purposes of acquiring sites for a new clinic and
staff quarters in St. Paul Island, Alaska, the Secretary of
Health and Human Services may accept land donated by
the Tanadgusix Corporation.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376; hire of passenger motor vehicles and
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular build-
ings and renovation of existing facilities; payments for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
for uniforms or allowances therefor as authorized by 5
U.S.C. 5901–5902; and for expenses of attendance at meet-
552
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ings which are concerned with the functions or activities
for which the appropriation is made or which will con-
tribute to improved conduct, supervision, or management
of those functions or activities.
In accordance with the provisions of the Indian Health
Care Improvement Act, non-Indian patients may be ex-
tended health care at all tribally administered or Indian
Health Service facilities, subject to charges, and the pro-
ceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651–2653) shall be credited
to the account of the facility providing the service and shall
be available without fiscal year limitation. Notwith-
standing any other law or regulation, funds transferred
from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under
Public Law 86–121 (the Indian Sanitation Facilities Act)
and Public Law 93–638, as amended.
Funds appropriated to the Indian Health Service in
this Act, except those used for administrative and program
direction purposes, shall not be subject to limitations di-
rected at curtailing Federal travel and transportation.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal or-
ganization through a contract, grant, or agreement author-
ized by title I or title III of the Indian Self-Determination
553
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and Education Assistance Act of 1975 (25 U.S.C. 450), may
be deobligated and reobligated to a self-determination con-
tract under title I, or a self-governance agreement under
title III of such Act and thereafter shall remain available
to the tribe or tribal organization without fiscal year limi-
tation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987,
by the Department of Health and Human Services, relating
to the eligibility for the health care services of the Indian
Health Service until the Indian Health Service has sub-
mitted a budget request reflecting the increased costs associ-
ated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law.
Funds made available in this Act are to be appor-
tioned to the Indian Health Service as appropriated in this
Act, and accounted for in the appropriation structure set
forth in this Act.
With respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian
Health Service is authorized to provide goods and services
to those entities, on a reimbursable basis, including pay-
ment in advance with subsequent adjustment. The reim-
bursements received therefrom, along with the funds received
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from those entities pursuant to the Indian Self-Determina-
tion Act, may be credited to the same or subsequent appro-
priation account which provided the funding. Such
amounts shall remain available until expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or technical
assistance.
The appropriation structure for the Indian Health
Service may not be altered without advance approval of the
House and Senate Committees on Appropriations.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, $14,491,000, to remain available until expended: Pro-
vided, That funds provided in this or any other appropria-
tions Act are to be used to relocate eligible individuals and
groups including evictees from District 6, Hopi-partitioned
lands residents, those in significantly substandard housing,
and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by
555
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the Office of Navajo and Hopi Indian Relocation to evict
any single Navajo or Navajo family who, as of November
30, 1985, was physically domiciled on the lands partitioned
to the Hopi Tribe unless a new or replacement home is pro-
vided for such household: Provided further, That no
relocatee will be provided with more than one new or re-
placement home: Provided further, That the Office shall re-
locate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation
or selected a replacement residence off the Navajo reserva-
tion or on the land acquired pursuant to 25 U.S.C. 640d–
10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
CULTURE AND ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and
Alaska Native Culture and Arts Development, as authorized
by title XV of Public Law 99–498, as amended (20 U.S.C.
56 part A), $5,130,000, of which $1,000,000 shall remain
available until expended for construction of the Library
Technology Center.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
(INCLUDING RESCISSION)
For necessary expenses of the Smithsonian Institution,
as authorized by law, including research in the fields of art,
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science, and history; development, preservation, and docu-
mentation of the National Collections; presentation of pub-
lic exhibits and performances; collection, preparation, dis-
semination, and exchange of information and publications;
conduct of education, training, and museum assistance pro-
grams; maintenance, alteration, operation, lease (for terms
not to exceed 30 years), and protection of buildings, facili-
ties, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to five replacement pas-
senger vehicles; purchase, rental, repair, and cleaning of
uniforms for employees, $450,760,000, of which not to ex-
ceed $43,884,000 for the instrumentation program, collec-
tions acquisition, exhibition reinstallation, the National
Museum of the American Indian, and the repatriation of
skeletal remains program shall remain available until ex-
pended, and including such funds as may be necessary to
support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research
Centers: Provided, That funds appropriated herein are
available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropria-
tions designated in this Act for lease or rent payments for
long term and swing space, as rent payable to the Smithso-
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nian Institution, and such rent payments may be deposited
into the general trust funds of the Institution to the extent
that federally supported activities are housed in the 900 H
Street, N.W. building in the District of Columbia: Provided
further, That this use of Federal appropriations shall not
be construed as debt service, a Federal guarantee of, a trans-
fer of risk to, or an obligation of, the Federal Government:
Provided further, That no appropriated funds may be used
to service debt which is incurred to finance the costs of ac-
quiring the 900 H Street building or of planning, design-
ing, and constructing improvements to such building: Pro-
vided further, That from unobligated balances of prior year
appropriations, $14,100,000 is rescinded.
REPAIR, RESTORATION AND ALTERATION OF FACILITIES
For necessary expenses of maintenance, repair, res-
toration, and alteration of facilities owned or occupied by
the Smithsonian Institution, including necessary personnel,
by contract or otherwise, as authorized by section 2 of the
Act of August 22, 1949 (63 Stat. 623), $78,300,000, to re-
main available until expended, of which $16,750,000 is pro-
vided for maintenance, repair, rehabilitation and alteration
of facilities at the National Zoological Park, and of which
not to exceed $100,000 is for services as authorized by 5
U.S.C. 3109: Provided, That contracts awarded for environ-
mental systems, protection systems, and repair or restora-
tion of facilities of the Smithsonian Institution may be ne-
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gotiated with selected contractors and awarded on the basis
of contractor qualifications as well as price: Provided fur-
ther, That notwithstanding any other provision of law, a
single procurement contract for the repair and renovation
of the Patent Office Building may be issued which includes
the full scope of the project: Provided further, That the solic-
itation of the contract and the contract shall contain the
clause ‘‘availability of funds’’ found at 48 C.F.R. 52.232–
18.
CONSTRUCTION
For necessary expenses for construction of the National
Museum of the American Indian, including necessary per-
sonnel, $16,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
None of the funds in this or any other Act may be
used to make any changes to the existing Smithsonian
science programs including closure of facilities, relocation
of staff or redirection of functions and programs without
approval from the Board of Regents of recommendations re-
ceived from the Science Commission.
None of the funds in this or any other Act may be
used to initiate the design for any proposed expansion of
current space or new facility without consultation with the
House and Senate Appropriations Committees.
None of the funds in this or any other Act may be
used for the Holt House located at the National Zoological
559
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Park in Washington, D.C., unless identified as repairs to
minimize water damage, monitor structure movement, or
provide interim structural support.
None of the funds available to the Smithsonian may
be reprogrammed without the advance written approval of
the House and Senate Committees on Appropriations in ac-
cordance with the procedures contained in House Report
No. 105–163.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery
of Art, the protection and care of the works of art therein,
and administrative expenses incident thereto, as authorized
by the Act of March 24, 1937 (50 Stat. 51), as amended
by the public resolution of April 13, 1939 (Public Resolu-
tion 9, Seventy-sixth Congress), including services as au-
thorized by 5 U.S.C. 3109; payment in advance when au-
thorized by the treasurer of the Gallery for membership in
library, museum, and art associations or societies whose
publications or services are available to members only, or
to members at a price lower than to the general public; pur-
chase, repair, and cleaning of uniforms for guards, and uni-
forms, or allowances therefor, for other employees as author-
ized by law (5 U.S.C. 5901–5902); purchase or rental of
devices and services for protecting buildings and contents
560
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thereof, and maintenance, alteration, improvement, and re-
pair of buildings, approaches, and grounds; and purchase
of services for restoration and repair of works of art for
the National Gallery of Art by contracts made, without ad-
vertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $77,219,000, of which not to ex-
ceed $3,026,000 for the special exhibition program shall re-
main available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and ren-
ovation of buildings, grounds and facilities owned or occu-
pied by the National Gallery of Art, by contract or other-
wise, as authorized, $16,230,000, to remain available until
expended: Provided, That contracts awarded for environ-
mental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance
and security of the John F. Kennedy Center for the Per-
forming Arts, $16,310,000.
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CONSTRUCTION
For necessary expenses for capital repair and restora-
tion of the existing features of the building and site of the
John F. Kennedy Center for the Performing Arts,
$17,600,000, to remain available until expended.
WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
1356) including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $8,488,000.
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $116,489,000, shall be available to the National
Endowment for the Arts for the support of projects and pro-
ductions in the arts through assistance to organizations and
individuals pursuant to sections 5(c) and 5(g) of the Act,
including $17,000,000 for support of arts education and
public outreach activities through the Challenge America
program, for program support, and for administering the
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functions of the Act, to remain available until expended:
Provided, That funds previously appropriated to the Na-
tional Endowment for the Arts ‘‘Matching Grants’’ 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 Foun-
dation 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 Na-
tional 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 sub-
sections 11(a)(2)(B) and 11(a)(3)(B) during the current
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and preceding fiscal years for which equal amounts have
not previously been appropriated.
ADMINISTRATIVE PROVISION
None of the funds appropriated to the National Foun-
dation on the Arts and the Humanities may be used to
process any grant or contract documents which do not in-
clude 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.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing
a Commission of Fine Arts (40 U.S.C. 104), $1,224,000:
Provided, That the Commission is authorized to charge fees
to cover the full costs of its publications, and such fees shall
be credited to this account as an offsetting collection, to re-
main available until expended without further appropria-
tion.
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.
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on His-
toric Preservation (Public Law 89–665, as amended),
$3,667,000: Provided, That none of these funds shall be
available for compensation of level V of the Executive Sched-
ule 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), includ-
ing 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 equiva-
lent 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 program and $1,264,000 for the muse-
um’s exhibitions program shall remain available until ex-
pended.
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PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omni-
bus Parks and Public Lands Management Act of 1996,
$21,327,000 shall be available to the Presidio Trust, to re-
main available until expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic 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 publica-
tion or distribution of literature that in any way tends to
promote public support or opposition to any legislative pro-
posal on which congressional action is not complete.
SEC. 303. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 304. None of the funds provided in this Act to
any department or agency shall be obligated or expended
to provide a personal cook, chauffeur, or other personal serv-
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ants to any officer or employee of such department or agen-
cy 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 Appro-
priations 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 lo-
cated on National Forest System or Bureau of Land Man-
agement lands in a manner different than such sales were
conducted in fiscal year 2002.
SEC. 307. None of the funds made available by this
Act may be obligated or expended by the National Park
Service to enter into or implement a concession contract
which permits or requires the removal of the underground
lunchroom at the Carlsbad Caverns National Park.
SEC. 308. (a) LIMITATION OF FUNDS.—None of the
funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended to accept or proc-
ess 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
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that, for the claim concerned: (1) a patent application was
filed with the Secretary on or before September 30, 1994;
and (2) all requirements established under sections 2325
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331, and
2333 of the Revised Statutes (30 U.S.C. 35, 36, and 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 Com-
mittees on Appropriations and the Committee on Resources
of the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a report on ac-
tions 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 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 Man-
agement to conduct a mineral examination of the mining
claims or mill sites contained in a patent application as
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set forth in subsection (b). The Bureau of Land Manage-
ment 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. 309. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee re-
ports 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 fund-
ing 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 agree-
ments.
SEC. 310. Notwithstanding any other provision of law,
for fiscal year 2003 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ‘‘Jobs in the
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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, north-
ern California, Idaho, Montana, and Alaska that have been
affected by reduced timber harvesting on Federal lands. The
Secretaries shall consider the benefits to the local economy
in evaluating bids and designing procurements which create
economic opportunities for local contractors.
SEC. 311. Of the funds provided to the National En-
dowment for the Arts—
(1) The Chairperson shall only award a grant to
an individual if such grant is awarded to such indi-
vidual for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, ex-
cept 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 ex-
change for goods and services.
(3) No grant shall be used for seasonal support
to a group, unless the application is specific to the
570
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contents of the season, including identified programs
and/or projects.
SEC. 312. 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 Endowment 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
representative 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. 313. (a) In providing services or awarding finan-
cial assistance under the National Foundation on the Arts
and the Humanities 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 assistance for projects, pro-
ductions, workshops, or programs that serve underserved
populations.
(b) In this section:
571
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(1) The term ‘‘underserved population’’ means a
population of individuals, including urban minori-
ties, who have historically been outside the purview of
arts and humanities programs due to factors such as
a high incidence of income below the poverty line or
to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2))) applicable to a family of the
size involved.
(c) In providing services and awarding financial as-
sistance under the National Foundation on the Arts and
Humanities Act of 1965 with funds appropriated by this
Act, the Chairperson of the National Endowment for the
Arts shall ensure that priority is given to providing services
or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowl-
edge, education, understanding, and appreciation of the
arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Hu-
manities Act of 1965—
572
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(1) the Chairperson shall establish a grant cat-
egory for projects, productions, workshops, or pro-
grams that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants ex-
ceeding 15 percent, in the aggregate, of such funds to
any single State, excluding grants made under the
authority of paragraph (1);
(3) the Chairperson shall report to the 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. 314. 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 Re-
newable Resources Planning Act.
SEC. 315. None of the funds in this Act may be used
to support Government-wide administrative functions un-
less such functions are justified in the budget process and
funding is approved by the House and Senate Committees
on Appropriations.
573
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SEC. 316. Notwithstanding any other provision of law,
none of the funds in this Act may be used for GSA Tele-
communication Centers.
SEC. 317. None of the funds in this Act may be used
for planning, design or construction of improvements to
Pennsylvania Avenue in front of the White House without
the advance approval of the House and Senate Committees
on Appropriations.
SEC. 318. Amounts deposited during fiscal year 2002
in the roads and trails fund provided for in the 14th para-
graph 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 re-
construct roads, bridges, and trails on National Forest Sys-
tem lands or to carry out and administer projects to im-
prove forest health conditions, which may include the repair
or reconstruction of roads, bridges, and trails on National
Forest System lands in the wildland-community interface
where there is an abnormally high risk of fire. The projects
shall emphasize reducing risks to human safety and public
health and property and enhancing ecological functions,
long-term forest productivity, and biological integrity. The
projects may be completed in a subsequent fiscal year.
Funds shall not be expended under this section to replace
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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 environ-
mental law.
SEC. 319. No timber sale in Region 10 shall be adver-
tised if the indicated rate is deficit when appraised using
a residual value approach that assigns domestic Alaska val-
ues 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 allow-
able sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when ap-
praised using a residual value approach that assigns do-
mestic 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 avail-
able 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 def-
icit when appraised using a residual value approach that
assigns domestic Alaska values for western redcedar, the vol-
ume of western redcedar timber available to domestic proc-
essors at prevailing domestic prices in the contiguous 48
575
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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 cur-
rent 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 timber sale holder has presented to the
Forest Service documentation of the inability to sell western
redcedar logs from a given sale to domestic Alaska proc-
essors 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. 320. A project undertaken by the Forest Service
under the Recreation Fee Demonstration Program as au-
576
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thorized by section 315 of the Department of the Interior
and Related Agencies Appropriations Act for Fiscal Year
1996, as amended, shall not result in—
(1) displacement of the holder of an authoriza-
tion to provide commercial recreation services on Fed-
eral lands. Prior to initiating any project, the Sec-
retary 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
authorization 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 pro-
vider, except when—
(A) the private sector provider fails to bid
on such opportunities;
(B) the private sector provider terminates
its relationship with the agency; or
(C) the agency revokes the permit for non-
compliance with the terms and conditions of the
authorization.
In such cases, the agency may use the Recreation Fee Dem-
onstration Program to provide for operations until a subse-
577
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quent operator can be found through the offering of a new
prospectus.
SEC. 321. REVISION OF FOREST PLANS. Prior to Octo-
ber 1, 2003, the Secretary of Agriculture shall not be consid-
ered 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 ex-
empts the Secretary from any other requirement of the For-
est 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. 322. No funds provided in this Act may be ex-
pended to conduct preleasing, leasing and related activities
under either the Mineral Leasing Act (30 U.S.C. 181 et seq.)
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.) within the boundaries of a National Monument es-
tablished pursuant to the Act of June 8, 1906 (16 U.S.C.
431 et seq.) as such boundary existed on January 20, 2001,
578
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except where such activities are allowed under the Presi-
dential proclamation establishing such monument.
SEC. 323. Section 347(a) of the Department of the In-
terior and Related Agencies Appropriations Act, 1999, as
included in Public Law 105–277 is amended by striking
‘‘2004’’ and inserting ‘‘2005’’. The authority to enter into
stewardship and end result contracts provided to the Forest
Service in accordance with section 347 of title III of section
101(e) of division A of Public Law 105–277 is hereby ex-
panded to authorize the Forest Service to enter into an ad-
ditional 28 contracts subject to the same terms and condi-
tions as provided in that section: Provided, That of the ad-
ditional contracts authorized by this section at least 9 shall
be allocated to Region 1.
SEC. 324. Employees of the foundations established by
Acts of Congress to solicit private sector funds on behalf
of Federal land management agencies shall, beginning in
fiscal year 2004, qualify for General Service Administra-
tion contract airfares.
SEC. 325. 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 con-
579
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sidered, for purposes of tort liability, employees of the coun-
try 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 pro-
vision 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 rem-
edies for acts or omissions committed 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. Nei-
ther the sending country nor any organization associated
with the firefighter shall be subject to any action whatsoever
pertaining to or arising out of fighting fires.
SEC. 326. A grazing permit or lease issued by the Sec-
retary of the Interior or a grazing permit issued by the Sec-
retary 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 appli-
580
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cable, section 510 of the California Desert Protection Act
(16 U.S.C. 410aaa–50). The terms and conditions con-
tained 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 appropriate completes processing of such
permit 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.
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 Sys-
tem lands are involved and the Secretary of Agriculture has
renewed an expired or waived grazing permit prior to fiscal
year 2003 under the authority of Section 504 of the Rescis-
sions Act of 1995 (Public Law 104–19), the terms and con-
ditions of the renewed grazing permit shall remain in effect
until such time as the Secretary of Agriculture completes
processing of the renewed permit in compliance with all ap-
plicable laws and regulations or until the expiration of the
renewed permit, whichever comes first. Upon completion of
the processing, the permit may be canceled, suspended or
modified, in whole or in part, to meet the requirements of
applicable laws and regulations. Nothing in this section
581
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shall be deemed to alter the Secretary of Agriculture’s statu-
tory authority.
SEC. 327. In awarding a Federal Contract with funds
made available by this Act, the Secretary of Agriculture and
the Secretary of the Interior (the ‘‘Secretaries’’) may, in
evaluating bids and proposals, give consideration to local
contractors who are from, and who provide employment
and training for, dislocated and displaced workers in an
economically disadvantaged rural community, including
those historically timber-dependent areas that have been af-
fected by reduced timber harvesting on Federal lands and
other forest-dependent rural communities isolated from sig-
nificant alternative employment opportunities: Provided,
That the contract is for forest hazardous fuels reduction,
watershed or water quality monitoring or restoration, wild-
life or fish population monitoring, or habitat restoration
or management: Provided further, That the terms ‘‘rural
community’’ and ‘‘economically disadvantaged’’ shall have
the same meanings as in section 2374 of Public Law 101–
624: Provided further, That the Secretaries shall develop
guidance to implement this section: Provided further, That
nothing in this section shall be construed as relieving the
Secretaries of any duty under applicable procurement laws,
except as provided in this section.
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SEC. 328. Section 401(e)(4)(B) of Public Law 105–83
is amended after ‘‘Not more than’’ by striking ‘‘5 percent’’
and inserting ‘‘15 percent’’.
SEC. 329. The Record of Decision for the 2002 Supple-
mental Environmental Impact Statement for the 1997
Tongass Land Management Plan shall not be reviewed
under any Forest Service administrative appeal process,
and its adequacy shall not be subject to judicial review by
any court of the United States.
SEC. 330. Section 7(c) of Public Law 106–143 is
amended by striking ‘‘2001’’ and inserting ‘‘2004’’.
SEC. 331. CLARIFICATION OF ALASKA NATIVE SET-
TLEMENT TRUSTS. (a) Section 1629b of title 43, United
States Code, is amended—
(1) at subsection (d)(1) by striking ‘‘An’’ and in-
serting in its place ‘‘Except as otherwise set forth in
subsection (d)(3) of this section, an’’;
(2) by creating the following new subsection:
‘‘(d)(3) A resolution described in subsection (a)(3) of
this section shall be considered to be approved by the share-
holders of a Native Corporation if it receives the affirmative
vote of shares representing—
‘‘(A) a majority of the shares present or rep-
resented by proxy at the meeting relating to such reso-
lution, or
583
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‘‘(B) an amount of shares greater than a major-
ity of the shares present or represented by proxy at
the meeting relating to such resolution (but not great-
er than two-thirds of the total voting power of the cor-
poration) if the corporation establishes such a level by
an amendment to its articles of incorporation.’’;
(3) by creating the following new subsection:
‘‘(f) SUBSTANTIALLY ALL OF THE ASSETS.—For pur-
poses of this section and section 1629e of this title, a Native
Corporation shall be considered to be transferring all or
substantially all of its assets to a Settlement Trust only
if such assets represent two-thirds or more of the fair market
value of the Native Corporation’s total assets.’’.
(b) Section 1629e(a)(3) of title 43, United States Code,
is amended by striking subparagraph (B) and inserting in
its place the following:
‘‘(B) shall give rise to dissenters rights to
the extent provided under the laws of the State
only if—
‘‘(i) the rights of beneficiaries in the
Settlement Trust receiving a conveyance are
inalienable; and
‘‘(ii) a shareholder vote on such trans-
fer is required by (a)(4) of section 1629b of
this title.’’.
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TITLE IV—T’UF SHUR BIEN
PRESERVATION TRUST AREA
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘T’uf Shur Bien Preser-
vation Trust Area Act’’.
SEC. 402. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) in 1748, the Pueblo of Sandia received a
grant from a representative of the King of Spain,
which grant was recognized and confirmed by Con-
gress in 1858 (11 Stat. 374); and
(2) in 1994, the Pueblo filed a civil action
against the Secretary of the Interior and the Sec-
retary of Agriculture in the United States District
Court for the District of Columbia (Civil No.
1:94CV02624), asserting that Federal surveys of the
grant boundaries erroneously excluded certain land
within the Cibola National Forest, including a por-
tion of the Sandia Mountain Wilderness.
(b) PURPOSES.—The purposes of this title are—
(1) to establish the T’uf Shur Bien Preservation
Trust Area in the Cibola National Forest;
(2) to confirm the status of national forest land
and wilderness land in the Area while resolving issues
associated with the civil action referred to in sub-
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section (a)(2) and the opinions of the Solicitor of the
Department of the Interior dated December 9, 1988
(M–36963; 96 I.D. 331) and January 19, 2001 (M–
37002); and
(3) to provide the Pueblo, the parties to the civil
action, and the public with a fair and just settlement
of the Pueblo’s claim.
SEC. 403. DEFINITIONS.
In this title:
(1) AREA.—
(A) IN GENERAL.—The term ‘‘Area’’ means
the T’uf Shur Bien Preservation Trust Area,
comprised of approximately 9890 acres of land
in the Cibola National Forest, as depicted on the
map.
(B) EXCLUSIONS.—The term ‘‘Area’’ does
not include—
(i) the subdivisions;
(ii) Pueblo-owned land;
(iii) the crest facilities; or
(iv) the special use permit area.
(2) CREST FACILITIES.—The term ‘‘crest facili-
ties’’ means—
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(A) all facilities and developments located
on the crest of Sandia Mountain, including the
Sandia Crest Electronic Site;
(B) electronic site access roads;
(C) the Crest House;
(D) the upper terminal, restaurant, and re-
lated facilities of Sandia Peak Tram Company;
(E) the Crest Observation Area;
(F) parking lots;
(G) restrooms;
(H) the Crest Trail (Trail No. 130);
(I) hang glider launch sites;
(J) the Kiwanis cabin; and
(K) the land on which the facilities de-
scribed in subparagraphs (A) through (J) are lo-
cated and the land extending 100 feet along ter-
rain to the west of each such facility, unless a
different distance is agreed to in writing by the
Secretary and the Pueblo and documented in the
survey of the Area.
(3) EXISTING
USE.—The term ‘‘existing use’’
means a use that—
(A) is occurring in the Area as of the date
of enactment of this Act; or
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(B) is authorized in the Area after Novem-
ber 1, 1995, but before the date of enactment of
this Act.
(4) LA LUZ TRACT.—The term ‘‘La Luz tract’’
means the tract comprised of approximately 31 acres
of land owned in fee by the Pueblo and depicted on
the map.
(5) LOCAL PUBLIC BODY.—The term ‘‘local pub-
lic body’’ means a political subdivision of the State
of New Mexico (as defined in New Mexico Code 6–5–
1).
(6) MAP.—The term ‘‘map’’ means the Forest
Service map entitled ‘‘T’uf Shur Bien Preservation
Trust Area’’ and dated April 2000.
(7) MODIFIED USE.—
(A) IN GENERAL.—The term ‘‘modified use’’
means an existing use that, at any time after the
date of enactment of this Act, is modified or
reconfigured but not significantly expanded.
(B) INCLUSIONS.—The term ‘‘modified use’’
includes—
(i) a trail or trailhead being modified,
such as to accommodate handicapped access;
(ii) a parking area being reconfigured
(but not expanded); and
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(iii) a special use authorization for a
group recreation use being authorized for a
different use area or time period.
(8) NEW USE.—
(A) IN
GENERAL.—The term ‘‘new use’’
means—
(i) a use that is not occurring in the
Area as of the date of enactment of this Act;
and
(ii) an existing use that is being modi-
fied so as to be significantly expanded or al-
tered in scope, dimension, or impact on the
land, water, air, or wildlife resources of the
Area.
(B) EXCLUSIONS.—The term ‘‘new use’’
does not include a use that—
(i) is categorically excluded from docu-
mentation requirements under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(ii) is carried out to comply with the
Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(9) PIEDRA
LISA
TRACT.—The term ‘‘Piedra
Lisa tract’’ means the tract comprised of approxi-
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mately 160 acres of land owned by the Pueblo and de-
picted on the map.
(10) PUEBLO.—The term ‘‘Pueblo’’ means the
Pueblo of Sandia in its governmental capacity.
(11) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture, acting through the Chief
of the Forest Service.
(12) SETTLEMENT AGREEMENT.—The term ‘‘Set-
tlement Agreement’’ means the Agreement of Com-
promise and Settlement dated April 4, 2000, among
the United States, the Pueblo, and the Sandia Peak
Tram Company.
(13) SPECIAL USE PERMIT.—The term ‘‘special
use permit’’ means the Special Use Permit issued De-
cember 1, 1993, by the Secretary to Sandia Peak
Tram Company and Sandia Peak Ski Company
(14) SPECIAL USE PERMIT AREA.—
(A) IN GENERAL.—The term ‘‘special use
permit area’’ means the land and facilities sub-
ject to the special use permit.
(B) INCLUSIONS.—The term ‘‘special use
permit area’’ includes—
(i) approximately 46 acres of land
used as an aerial tramway corridor;
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(ii) approximately 945 acres of land
used as a ski area; and
(iii) the land and facilities described
in Exhibit A to the special use permit,
including—
(I) the maintenance road to the
lower tram tower;
(II) water storage and water dis-
tribution facilities; and
(III) 7 helispots.
(15) SUBDIVISION.—The term ‘‘subdivision’’
means—
(A) the subdivision of—
(i) Sandia Heights Addition;
(ii) Sandia Heights North Unit I, II,
or 3;
(iii) Tierra Monte;
(iv) Valley View Acres; or
(v) Evergreen Hills; and
(B) any additional plat or privately-owned
property depicted on the map.
(16) TRADITIONAL
OR
CULTURAL
USE.—The
term ‘‘traditional or cultural use’’ means—
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(A) a ceremonial activity (including the
placing of ceremonial materials in the Area);
and
(B) the use, hunting, trapping, or gathering
of plants, animals, wood, water, and other nat-
ural resources for a noncommercial purpose.
SEC. 404. T’UF SHUR BIEN PRESERVATION TRUST AREA.
(a) ESTABLISHMENT.—The T’uf Shur Bien Preserva-
tion Trust Area is established within the Cibola National
Forest and the Sandia Mountain Wilderness as depicted on
the map—
(1) to recognize and protect in perpetuity the
rights and interests of the Pueblo in and to the Area,
as specified in section 405(a);
(2) to preserve in perpetuity the national forest
and wilderness character of the Area; and
(3) to recognize and protect in perpetuity the
longstanding use and enjoyment of the Area by the
public.
(b) ADMINISTRATION AND APPLICABLE LAW.—
(1) IN GENERAL.—The Secretary shall continue
to administer the Area as part of the National Forest
System subject to and consistent with the provisions
of this title affecting management of the Area.
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(2) TRADITIONAL OR CULTURAL USES.—Tradi-
tional or cultural uses by Pueblo members and mem-
bers of other federally-recognized Indian tribes au-
thorized to use the Area by the Pueblo under section
405(a)(4) shall not be restricted except by—
(A) the Wilderness Act (16 U.S.C. 1131 et
seq.) (including regulations promulgated under
that Act) as in effect on the date of enactment
of this Act; and
(B) applicable Federal wildlife protection
laws, as provided in section 406(a)(2).
(3) LATER
ENACTMENTS.—To the extent that
any law enacted or amended after the date of enact-
ment of this Act is inconsistent with this title, the law
shall not apply to the Area unless expressly made ap-
plicable by Congress.
(4) TRUST.—The use of the word ‘‘Trust’’ in the
name of the Area—
(A) is in recognition of the specific rights
and interests of the Pueblo in the Area; and
(B) does not confer on the Pueblo the owner-
ship interest that exists in a case in which the
Secretary of the Interior accepts the title to land
held in trust for the benefit of an Indian tribe.
(c) MAP.—
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(1) FILING.—As soon as practicable after the
date of enactment of this Act, the Secretary shall file
the map and a legal description of the Area with the
Committee on Resources of the House of Representa-
tives and with the Committee on Energy and Natural
Resources of the Senate.
(2) PUBLIC AVAILABILITY.—The map and legal
description shall be on file and available for public
inspection in the Office of the Chief of the Forest
Service, Washington, District of Columbia.
(3) EFFECT.—The map and legal description
filed under paragraph (1) shall have the same effect
as if the map and legal description were included in
this title, except that—
(A) technical and typographical errors shall
be corrected;
(B) changes that may be necessary under
subsection (b), (d), or (e) of section 409 or sub-
section (b) or (c) of section 413 shall be made;
and
(C) to the extent that the map and the lan-
guage of this title conflict, the language of this
title shall control.
(d) NO CONVEYANCE OF TITLE.—No right, title, or in-
terest of the United States in or to the Area or any part
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of the Area shall be conveyed to or exchanged with any per-
son, trust, or governmental entity, including the Pueblo,
without specific authorization of Congress.
(e) PROHIBITED USES.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law—
(A) no use prohibited by the Wilderness Act
(16 U.S.C. 1131 et seq.) as of the date of enact-
ment of this Act shall be permitted in the wilder-
ness portion of the Area; and
(B) none of the following uses shall be per-
mitted in any portion of the Area:
(i) Gaming or gambling.
(ii) Mineral production.
(iii) Timber production.
(iv) Any new use to which the Pueblo
objects under section 405(a)(3).
(2) MINING CLAIMS.—The Area is closed to the
location of mining claims under section 2320 of the
Revised Statutes (30 U.S.C. 23) (commonly known as
the ‘‘Mining Law of 1872’’).
(f) NO MODIFICATION OF BOUNDARIES.—Establish-
ment of the Area shall not—
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(1) affect the boundaries of or repeal or disestab-
lish the Sandia Mountain Wilderness or the Cibola
National Forest; or
(2) modify the existing boundary of the Pueblo
grant.
SEC. 405. PUEBLO RIGHTS AND INTERESTS IN THE AREA.
(a) IN GENERAL.—The Pueblo shall have the following
rights and interests in the Area:
(1) Free and unrestricted access to the Area for
traditional or cultural uses, to the extent that those
uses are not inconsistent with—
(A) the Wilderness Act (16 U.S.C. 1131 et
seq.) (including regulations promulgated under
that Act) as in effect on the date of enactment
of this Act; or
(B) applicable Federal wildlife protection
laws as provided in section 406(a)(2).
(2) Perpetual preservation of the national forest
and wilderness character of the Area under this title.
(3) Rights in the management of the Area as
specified in section 407, including—
(A) the right to consent or withhold consent
to a new use;
(B) the right to consultation regarding a
modified use;
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(C) the right to consultation regarding the
management and preservation of the Area; and
(D) the right to dispute resolution proce-
dures.
(4) Exclusive authority, in accordance with the
customs and laws of the Pueblo, to administer access
to the Area for traditional or cultural uses by mem-
bers of the Pueblo and of other federally-recognized
Indian tribes.
(5) Such other rights and interests as are recog-
nized in sections 404, 405(c), 407, 408, and 409.
(b) ACCESS.— Except as provided in subsection (a)(4),
access to and use of the Area for all other purposes shall
continue to be administered by the Secretary.
(c) COMPENSABLE INTEREST.—
(1) IN GENERAL.—If, by an Act of Congress en-
acted after the date of enactment of this Act, Congress
diminishes the national forest or wilderness designa-
tion of the Area by authorizing a use prohibited by
section 404(e) in all or any portion of the Area, or
denies the Pueblo access for any traditional or cul-
tural use in all or any portion of the Area—
(A) the United States shall compensate the
Pueblo as if the Pueblo held a fee title interest
in the affected portion of the Area and as though
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the United States had acquired such an interest
by legislative exercise of the power of eminent do-
main; and
(B) the restrictions of sections 404(e) and
406(a) shall be disregarded in determining just
compensation owed to the Pueblo.
(2) EFFECT.—Any compensation made to the
Pueblo under paragraph (c) shall not affect the extin-
guishment of claims under section 410.
SEC. 406. LIMITATIONS ON PUEBLO RIGHTS AND INTER-
ESTS IN THE AREA.
(a) LIMITATIONS.—The rights and interests of the
Pueblo recognized in this title do not include—
(1) any right to sell, grant, lease, convey, encum-
ber, or exchange land or any interest in land in the
Area (and any such conveyance shall not have valid-
ity in law or equity);
(2) any exemption from applicable Federal wild-
life protection laws;
(3) any right to engage in a use prohibited by
section 404(e); or
(4) any right to exclude persons or governmental
entities from the Area.
(b) EXCEPTION.—No person who exercises traditional
or cultural use rights as authorized by section 405(a)(4)
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may be prosecuted for a Federal wildlife offense requiring
proof of a violation of a State law (including regulations).
SEC. 407. MANAGEMENT OF THE AREA.
(a) PROCESS.—
(1) IN GENERAL.—The Secretary shall consult
with the Pueblo not less than twice each year, unless
otherwise mutually agreed, concerning protection,
preservation, and management of the Area (including
proposed new uses and modified uses in the Area and
authorizations that are anticipated during the next 6
months and were approved in the preceding 6
months).
(2) NEW USES.—
(A) REQUEST
FOR
CONSENT
AFTER
CON-
SULTATION.—
(i) DENIAL OF CONSENT.—If the Pueb-
lo denies consent for a new use within 30
days after completion of the consultation
process, the Secretary shall not proceed with
the new use.
(ii) GRANTING
OF
CONSENT.—If the
Pueblo consents to the new use in writing or
fails to respond within 30 days after com-
pletion of the consultation process, the Sec-
retary may proceed with the notice and
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comment process and the environmental
analysis.
(B) FINAL REQUEST FOR CONSENT.—
(i) REQUEST.—Before the Secretary
(or a designee) signs a record of decision or
decision notice for a proposed new use, the
Secretary shall again request the consent of
the Pueblo.
(ii) DENIAL
OF
CONSENT.—If the
Pueblo denies consent for a new use within
30 days after receipt by the Pueblo of the
proposed record of decision or decision no-
tice, the new use shall not be authorized.
(iii) FAILURE
TO
RESPOND.—If the
Pueblo fails to respond to the consent re-
quest within 30 days after receipt of the
proposed record of decision or decision
notice—
(I) the Pueblo shall be deemed to
have consented to the proposed record
of decision or decision notice; and
(II) the Secretary may proceed to
issue the final record of decision or de-
cision notice.
(3) PUBLIC INVOLVEMENT.—
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(A) IN GENERAL.—With respect to a pro-
posed new use or modified use, the public shall
be provided notice of—
(i) the purpose and need for the pro-
posed new use or modified use;
(ii) the role of the Pueblo in the deci-
sionmaking process; and
(iii) the position of the Pueblo on the
proposal.
(B) COURT CHALLENGE.—Any person may
bring a civil action in the United States District
Court for the District of New Mexico to challenge
a determination by the Secretary concerning
whether a use constitutes a new use or a modi-
fied use.
(b) EMERGENCIES AND EMERGENCY CLOSURE OR-
DERS.—
(1) AUTHORITY.—The Secretary shall retain the
authority of the Secretary to manage emergency situ-
ations, to—
(A) provide for public safety; and
(B) issue emergency closure orders in the
Area subject to applicable law.
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(2) NOTICE.—The Secretary shall notify the
Pueblo regarding emergencies, public safety issues,
and emergency closure orders as soon as practicable.
(3) NO CONSENT.—An action of the Secretary
described in paragraph (1) shall not require the con-
sent of the Pueblo.
(c) DISPUTES INVOLVING FOREST SERVICE MANAGE-
MENT AND PUEBLO TRADITIONAL USES.—
(1) IN GENERAL.—In a case in which the man-
agement of the Area by the Secretary conflicts with a
traditional or cultural use, if the conflict does not
pertain to a new use subject to the process specified
in subsection (a)(2), the process for dispute resolution
specified in this subsection shall apply.
(2) DISPUTE RESOLUTION PROCESS.—
(A) IN GENERAL.—In the case of a conflict
described in paragraph (1)—
(i) the party identifying the conflict
shall notify the other party in writing ad-
dressed to the Governor of the Pueblo or the
Regional Forester, as appropriate, speci-
fying the nature of the dispute; and
(ii) the Governor of the Pueblo or the
Regional Forester shall attempt to resolve
the dispute for a period of at least 30 days
602
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after notice has been provided before bring-
ing a civil action in the United States Dis-
trict Court for the District of New Mexico.
(B) DISPUTES REQUIRING IMMEDIATE RES-
OLUTION.—In the case of a conflict that requires
immediate resolution to avoid imminent, sub-
stantial, and irreparable harm—
(i) the party identifying the conflict
shall notify the other party and seek to re-
solve the dispute within 3 days of the date
of notification; and
(ii) if the parties are unable to resolve
the dispute within 3 days—
(I) either party may bring a civil
action for immediate relief in the
United States District Court for the
District of New Mexico; and
(II) the procedural requirements
specified in subparagraph (A) shall not
apply.
SEC. 408. JURISDICTION OVER THE AREA.
(a) CRIMINAL JURISDICTION.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, jurisdiction over crimes committed
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in the Area shall be allocated as provided in this
paragraph.
(2) JURISDICTION OF THE PUEBLO.—The Pueblo
shall have jurisdiction over an offense committed by
a member of the Pueblo or of another federally-recog-
nized Indian tribe who is present in the Area with
the permission of the Pueblo under section 405(a)(4).
(3) JURISDICTION OF THE UNITED STATES.—The
United States shall have jurisdiction over—
(A) an offense described in section 1153 of
title 18, United States Code, committed by a
member of the Pueblo or another federally-recog-
nized Indian tribe;
(B) an offense committed by any person in
violation of the laws (including regulations) per-
taining to the protection and management of na-
tional forests;
(C) enforcement of Federal criminal laws of
general applicability; and
(D) any other offense committed by a mem-
ber of the Pueblo against a person not a member
of the Pueblo.
(4) JURISDICTION OF THE STATE OF NEW MEX-
ICO.—The State of New Mexico shall have jurisdiction
604
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over an offense under the law of the State committed
by a person not a member of the Pueblo.
(5) OVERLAPPING JURISDICTION.—To the extent
that the respective allocations of jurisdiction over the
Area under paragraphs (2), (3), and (4) overlap, the
governments shall have concurrent jurisdiction.
(6) FEDERAL USE OF STATE LAW.—Under the
jurisdiction of the United States described in para-
graph (3)(D), Federal law shall incorporate any of-
fense defined and punishable under State law that is
not so defined under Federal law.
(b) CIVIL JURISDICTION.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the United States, the State of
New Mexico, and local public bodies shall have the
same civil adjudicatory, regulatory, and taxing juris-
diction over the Area as was exercised by those enti-
ties on the day before the date of enactment of this
Act.
(2) JURISDICTION OF THE PUEBLO.—
(A) IN GENERAL.—The Pueblo shall have
exclusive civil adjudicatory jurisdiction over—
(i) a dispute involving only members
of the Pueblo;
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(ii) a civil action brought by the Pueb-
lo against a member of the Pueblo; and
(iii) a civil action brought by the
Pueblo against a member of another feder-
ally-recognized Indian tribe for a violation
of an understanding between the Pueblo and
the other tribe regarding use of or access to
the Area for traditional or cultural uses.
(B) 
REGULATORY
JURISDICTION.—The
Pueblo shall have no regulatory jurisdiction over
the Area, except that the Pueblo shall have exclu-
sive authority to—
(i) regulate traditional or cultural uses
by the members of the Pueblo and admin-
ister access to the Area by other federally-
recognized Indian tribes for traditional or
cultural uses, to the extent such regulation
is consistent with this title; and
(ii) regulate hunting and trapping in
the Area by members of the Pueblo, to the
extent that the hunting or trapping is re-
lated to traditional or cultural uses, except
that such hunting and trapping outside of
that portion of the Area in sections 13, 14,
23, 24, and the northeast quarter of section
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25 of T12N, R4E, and section 19 of T12N,
R5E, N.M.P.M., Sandoval County, New
Mexico, shall be regulated by the Pueblo in
a manner consistent with the regulations of
the State of New Mexico concerning types of
weapons and proximity of hunting and
trapping to trails and residences.
(C) TAXING
JURISDICTION.—The Pueblo
shall have no authority to impose taxes within
the Area.
(3) STATE AND LOCAL TAXING JURISDICTION.—
The State of New Mexico and local public bodies shall
have no authority within the Area to tax the uses or
the property of the Pueblo, members of the Pueblo, or
members of other federally-recognized Indian tribes
authorized to use the Area under section 405(a)(4).
SEC. 409. SUBDIVISIONS AND OTHER PROPERTY INTER-
ESTS.
(a) SUBDIVISIONS.—
(1) IN GENERAL.—The subdivisions are excluded
from the Area.
(2) JURISDICTION.—
(A) IN GENERAL.—The Pueblo shall have no
civil or criminal jurisdiction for any purpose,
including adjudicatory, taxing, zoning, regu-
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latory or any other form of jurisdiction, over the
subdivisions and property interests therein, and
the laws of the Pueblo shall not apply to the sub-
divisions.
(B) STATE JURISDICTION.—The jurisdiction
of the State of New Mexico and local public bod-
ies over the subdivisions and property interests
therein shall continue in effect, except that on
application of the Pueblo a tract comprised of
approximately 35 contiguous, nonsubdivided
acres in the northern section of Evergreen Hills
owned in fee by the Pueblo at the time of enact-
ment of this Act, shall be transferred to the
United States and held in trust for the Pueblo by
the United States and administered by the Sec-
retary of the Interior.
(3) LIMITATIONS ON TRUST LAND.—Trust land
described in paragraph (2)(B) shall be subject to all
limitations on use pertaining to the Area contained
in this title.
(b) PIEDRA LISA.—
(1) IN GENERAL.—The Piedra Lisa tract is ex-
cluded from the Area.
(2) DECLARATION OF TRUST TITLE.—The Piedra
Lisa tract—
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(A) shall be transferred to the United
States;
(B) is declared to be held in trust for the
Pueblo by the United States; and
(C) shall be administered by the Secretary
of the Interior subject to all limitations on use
pertaining to the Area contained in this title.
(3) APPLICABILITY OF CERTAIN RESTRICTION.—
The restriction contained in section 406(a)(4) shall
not apply outside of Forest Service System trails.
(c) CREST FACILITIES.—
(1) IN GENERAL.—The land on which the crest
facilities are located is excluded from the Area.
(2) JURISDICTION.—The Pueblo shall have no
civil or criminal jurisdiction for any purpose, includ-
ing adjudicatory, taxing, zoning, regulatory or any
other form of jurisdiction, over the land on which the
crest facilities are located and property interests
therein, and the laws of the Pueblo, shall not apply
to that land. The preexisting jurisdictional status of
that land shall continue in effect.
(d) SPECIAL USE PERMIT AREA.—
(1) IN GENERAL.—The land described in the spe-
cial use permit is excluded from the Area.
(2) JURISDICTION.—
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(A) IN GENERAL.—The Pueblo shall have no
civil or criminal jurisdiction for any purpose,
including adjudicatory, taxing, zoning, regu-
latory, or any other form of jurisdiction, over the
land described in the special use permit, and the
laws of the Pueblo shall not apply to that land.
(B) PREEXISTING STATUS.—The preexisting
jurisdictional status of that land shall continue
in effect.
(3) AMENDMENT TO PLAN.—In the event the spe-
cial use permit, during its existing term or any fu-
ture terms or extensions, requires amendment to in-
clude other land in the Area necessary to realign the
existing or any future replacement tram line, associ-
ated structures, or facilities, the land subject to that
amendment shall thereafter be excluded from the Area
and shall have the same status under this title as the
land currently described in the special use permit.
(4) LAND DEDICATED TO AERIAL TRAMWAY AND
RELATED USES.—Any land dedicated to aerial tram-
way and related uses and associated facilities that are
excluded from the special use permit through expira-
tion, termination or the amendment process shall
thereafter be included in the Area, but only after final
agency action no longer subject to any appeals.
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(e) LA LUZ TRACT.—
(1) IN GENERAL.—The La Luz tract now owned
in fee by the Pueblo is excluded from the Area and,
on application by the Pueblo, shall be transferred to
the United States and held in trust for the Pueblo by
the United States and administered by the Secretary
of the Interior subject to all limitations on use per-
taining to the Area contained in this title.
(2) NONAPPLICABILITY
OF
CERTAIN
RESTRIC-
TION.—The restriction contained in section 406(a)(4)
shall not apply outside of Forest Service System
trails.
(f) EVERGREEN HILLS ACCESS.—The Secretary shall
ensure that Forest Service Road 333D, as depicted on the
map, is maintained in an adequate condition in accordance
with section 1323(a) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3210(a)).
(g) PUEBLO FEE LAND.—Those properties not specifi-
cally addressed in subsections (a) or (e) that are owned in
fee by the Pueblo within the subdivisions are excluded from
the Area and shall be subject to the jurisdictional provisions
of subsection (a).
(h) RIGHTS-OF-WAY.—
(1) ROAD RIGHTS-OF-WAY.—
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(A) IN GENERAL.—In accordance with the
Pueblo having given its consent in the Settlement
Agreement, the Secretary of the Interior shall
grant to the County of Bernalillo, New Mexico,
in perpetuity, the following irrevocable rights-of-
way for roads identified on the map in order to
provide for public access to the subdivisions, the
special use permit land and facilities, the other
leasehold and easement rights and interests of the
Sandia Peak Tram Company and its affiliates,
the Sandia Heights South Subdivision, and the
Area—
(i) a right-of-way for Tramway Road;
(ii) a right-of-way for Juniper Hill
Road North;
(iii) a right-of-way for Juniper Hill
Road South;
(iv) a right-of-way for Sandia Heights
Road; and
(v) a right-of-way for Juan Tabo Can-
yon Road (Forest Road No. 333).
(B) CONDITIONS.—The road rights-of-way
shall be subject to the following conditions:
(i) Such rights-of-way may not be ex-
panded or otherwise modified without the
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Pueblo’s written consent, but road mainte-
nance to the rights-of-way shall not be sub-
ject to Pueblo consent.
(ii) The rights-of-way shall not author-
ize uses for any purpose other than roads
without the Pueblo’s written consent.
(iii) Except as provided in the Settle-
ment Agreement, existing rights-of-way or
leasehold interests and obligations held by
the Sandia Peak Tram Company and its
affiliates, shall be preserved, protected, and
unaffected by this title.
(2) UTILITY
RIGHTS-OF-WAY.—In accordance
with the Pueblo having given its consent in the Settle-
ment Agreement, the Secretary of the Interior shall
grant irrevocable utility rights-of-way in perpetuity
across Pueblo land to appropriate utility or other
service providers serving Sandia Heights Addition,
Sandia Heights North Units I, II, and 3, the special
use permit land, Tierra Monte, and Valley View
Acres, including rights-of-way for natural gas, power,
water, telecommunications, and cable television serv-
ices. Such rights-of-way shall be within existing util-
ity corridors as depicted on the map or, for certain
water lines, as described in the existing grant of ease-
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ment to the Sandia Peak Utility Company: Provided,
That use of water line easements outside the utility
corridors depicted on the map shall not be used for
utility purposes other than water lines and associated
facilities. Except where above-ground facilities al-
ready exist, all new utility facilities shall be installed
underground unless the Pueblo agrees otherwise. To
the extent that enlargement of existing utility cor-
ridors is required for any technologically-advanced
telecommunication, television, or utility services, the
Pueblo shall not unreasonably withhold agreement to
a reasonable enlargement of the easements described
above.
(3) FOREST
SERVICE
RIGHTS-OF-WAY.—In ac-
cordance with the Pueblo having given its consent in
the Settlement Agreement, the Secretary of the Inte-
rior shall grant to the Forest Service the following ir-
revocable rights-of-way in perpetuity for Forest Serv-
ice trails crossing land of the Pueblo in order to pro-
vide for public access to the Area and through Pueblo
land—
(A) a right-of-way for a portion of the Crest
Spur Trail (Trail No. 84), crossing a portion of
the La Luz tract, as identified on the map;
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(b) EXISTING RIGHTS.—To the extent there exist with-
in the Area as of the date of enactment of this Act any
valid private property rights associated with private land
that are not otherwise addressed in this title, such rights
are not modified or otherwise affected by this title, nor is
the exercise of any such right subject to the Pueblo’s right
to withhold consent to new uses in the Area as set forth
in section 405(a)(3)(A).
(c) NOT PRECEDENT.—The provisions of this title cre-
ating certain rights and interests in the National Forest
System are uniquely suited to resolve the Pueblo’s claim
and the geographic and societal situation involved, and
shall not be construed as precedent for any other situation
involving management of the National Forest System.
(d) FISH AND WILDLIFE.—Except as provided in sec-
tion 408(b)(2)(B), nothing in this title shall be construed
as affecting the responsibilities of the State of New Mexico
with respect to fish and wildlife, including the regulation
of hunting, fishing, or trapping within the Area.
(e) FEDERAL LAND POLICY AND MANAGEMENT ACT.—
Section 316 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1746) is amended by adding at the
end the following: ‘‘Any corrections authorized by this sec-
tion which affect the boundaries of, or jurisdiction over,
land administered by another Federal agency shall be made
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only after consultation with, and the approval of, the head
of such other agency.’’
SEC. 412. JUDICIAL REVIEW.
(a) ENFORCEMENT.—A civil action to enforce the pro-
visions of this title may be brought to the extent permitted
under chapter 7 of title 5, United States Code. Judicial re-
view shall be based on the administrative record and subject
to the applicable standard of review set forth in section 706
of title 5, United States Code.
(b) WAIVER.—A civil action may be brought against
the Pueblo for declaratory judgment or injunctive relief
under this title, but no money damages, including costs or
attorney’s fees, may be imposed on the Pueblo as a result
of such judicial action.
(c) VENUE.—Venue for any civil action provided for
in this section, as well as any civil action to contest the
constitutionality of this title, shall lie only in the United
States District Court for the District of New Mexico.
SEC. 413. PROVISIONS RELATING TO CONTRIBUTIONS AND
LAND EXCHANGE.
(a) CONTRIBUTIONS.—
(1) IN
GENERAL.—The Secretary may accept
contributions from the Pueblo, or from other persons
or governmental entities—
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(A) to perform and complete a survey of the
Area; or
(B) to carry out any other project or activ-
ity for the benefit of the Area in accordance with
this title.
(2) DEADLINE.—Not later than 1 year after the
date of enactment of this Act, the Secretary shall com-
plete the survey of the Area under paragraph (1)(A).
(b) LAND EXCHANGE.—
(1) IN GENERAL.—Not later than 180 days after
the date of enactment of this Act, after consultation
with the Pueblo, the Secretary shall, in accordance
with applicable laws, prepare and offer a land ex-
change of National Forest land outside the Area and
contiguous to the northern boundary of the Pueblo’s
Reservation within sections 10, 11, and 14 of T12N,
R4E, N.M.P.M., Sandoval County, New Mexico ex-
cluding wilderness land, for land owned by the Pueblo
in the Evergreen Hills subdivision in Sandoval Coun-
ty contiguous to National Forest land, and the La
Luz tract in Bernalillo County.
(2) 
ACCEPTANCE
OF
PAYMENT.—Notwith-
standing section 206(b) of the Federal Land Policy
and Management Act (43 U.S.C. 1716(b)), the Sec-
retary may either make or accept a cash equalization
619
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payment in excess of 25 percent of the total value of
the land or interests transferred out of Federal owner-
ship.
(3) FUNDS RECEIVED.—Any funds received by
the Secretary as a result of the exchange shall be de-
posited in the fund established under the Act of De-
cember 4, 1967, known as the Sisk Act (16 U.S.C.
484a), and shall be available to purchase non-Federal
land within or adjacent to the National Forests in the
State of New Mexico.
(4) TREATMENT OF LAND EXCHANGED OR CON-
VEYED.—All land exchanged or conveyed to the Pueb-
lo is declared to be held in trust for the Pueblo by the
United States and added to the Pueblo’s Reservation
subject to all existing and outstanding rights and
shall remain in its natural state and shall not be sub-
ject to commercial development of any kind. Land ex-
changed or conveyed to the Forest Service shall be
subject to all limitations on use pertaining to the
Area under this title.
(5) FAILURE TO MAKE OFFER.—If the land ex-
change offer is not made by the date that is 180 days
after the date of enactment of this Act, the Secretary
shall submit to the Committee on Energy and Natural
Resources of the United States Senate and the Com-
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mittee on Resources of the United States House of
Representatives, a report explaining the reasons for
the failure to make the offer including an assessment
of the need for any additional legislation that may be
necessary for the exchange. If additional legislation is
not necessary, the Secretary, consistent with this sec-
tion, should proceed with the exchange pursuant to
existing law.
(c) LAND ACQUISITION AND OTHER COMPENSATION.—
(1) IN GENERAL.—The Secretary may acquire
land owned by the Pueblo within the Evergreen Hills
Subdivision in Sandoval County or any other pri-
vately held land inside of the exterior boundaries of
the Area. The boundaries of the Cibola National For-
est and the Area shall be adjusted to encompass any
land acquired pursuant to this section.
(2) PIEDRA LISA TRACT.—Subject to the avail-
ability of appropriations, the Secretary shall com-
pensate the Pueblo for the fair market value of—
(A) the right-of-way established pursuant to
section 409(h)(3)(C); and
(B) the conservation easement established by
the limitations on use of the Piedra Lisa tract
pursuant to section 409(b)(2).
(d) REIMBURSEMENT OF CERTAIN COSTS.—
621
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(1) IN
GENERAL.—The Pueblo, the County of
Bernalillo, New Mexico, and any person that owns or
has owned property inside of the exterior boundaries
of the Area as designated on the map, and who has
incurred actual and direct costs as a result of partici-
pating in the case of Pueblo of Sandia v. Babbitt,
Civ. No. 94–2624 HHG (D.D.C.), or other pro-
ceedings directly related to resolving the issues liti-
gated in that case, may apply for reimbursement in
accordance with this section. Costs directly related to
such participation which shall qualify for reimburse-
ment shall be—
(A) dues or payments to a homeowner asso-
ciation for the purpose of legal representation;
and
(B) legal fees and related expenses.
(2) TREATMENT OF REIMBURSEMENT.—Any re-
imbursement provided in this subsection shall be in
lieu of that which might otherwise be available pursu-
ant to the Equal Access to Justice Act (24 U.S.C.
2412).
(3) PAYMENTS.—The Secretary of the Treasury
shall make reimbursement payments as provided in
this section out of any money not otherwise appro-
622
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priated as provided in advance in appropriations
Acts.
(4) APPLICATIONS.—Not later than 180 days
after the date of enactment of this Act, applications
for reimbursement shall be filed with the Department
of the Treasury, Financial Management Service,
Washington, D.C.
(5) MAXIMUM REIMBURSEMENT.—No party shall
be reimbursed in excess of $750,000 under this sec-
tion, and the total amount reimbursed in accordance
with this section shall not exceed $3,000,000.
SEC. 414. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
are necessary to carry out this title, including such sums
as are necessary for the Forest Service to carry out respon-
sibilities of the Forest Service in accordance with section
413(c).
SEC. 415. EFFECTIVE DATE.
The provisions of this title shall take effect imme-
diately on enactment of this Act.
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TITLE V—OTTAWA NATIONAL
WILDLIFE REFUGE COMPLEX
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Ottawa National Wild-
life Refuge Complex Expansion and Detroit River Inter-
national Wildlife Refuge Expansion Act’’.
SEC. 502. DEFINITIONS.
In this title:
(1) INTERNATIONAL REFUGE.—The term ‘‘Inter-
national Refuge’’ means the Detroit River Inter-
national Wildlife Refuge established by section 5(a) of
the Detroit River International Wildlife Refuge Es-
tablishment Act (16 U.S.C. 668dd note; 115 Stat.
894).
(2) REFUGE COMPLEX.—The term ‘‘Refuge Com-
plex’’ means the Ottawa National Wildlife Refuge
Complex and the lands and waters in the complex, as
described in the document entitled ‘‘The Comprehen-
sive Conservation Plan for the Ottawa National Wild-
life Refuge Complex’’ and dated September 22, 2000,
including—
(A) the Ottawa National Wildlife Refuge,
established by the Secretary in accordance with
the Migratory Bird Conservation Act (16 U.S.C.
715 et seq.);
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(B) the West Sister Island National Wildlife
Refuge established by Executive Order No. 7937,
dated August 2, 1937; and
(C) the Cedar Point National Wildlife Ref-
uge established by the Secretary in accordance
with the Migratory Bird Conservation Act (16
U.S.C. 715 et seq.).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(4) WESTERN BASIN.—
(A) IN
GENERAL.—The term ‘‘western
basin’’ means the western basin of Lake Erie,
consisting of the land and water in the water-
sheds of Lake Erie extending from the watershed
of the Lower Detroit River in the State of Michi-
gan to and including Sandusky Bay and the wa-
tershed of Sandusky Bay in the State of Ohio.
(B) INCLUSION.—The term ‘western basin’
includes the Bass Island archipelago in the State
of Ohio.
SEC. 503. EXPANSION OF BOUNDARIES.
(a) REFUGE COMPLEX BOUNDARIES.—
(1) EXPANSION.—The boundaries of the Refuge
Complex are expanded to include land and water in
the State of Ohio from the eastern boundary of
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Maumee Bay State Park to the eastern boundary of
the Darby Unit (including the Bass Island archi-
pelago), as depicted on the map entitled ‘‘Ottawa Na-
tional Wildlife Refuge Complex Expansion and De-
troit River International Wildlife Refuge Expansion
Act’’ and dated September 6, 2002.
(2) AVAILABILITY OF MAP.—The map referred to
in paragraph (1) shall be available for inspection in
appropriate offices of the United States Fish and
Wildlife Service.
(b) BOUNDARY REVISIONS.—The Secretary may make
such revisions of the boundaries of the Refuge Complex as
the Secretary determines to be appropriate—
(1) to facilitate the acquisition of property with-
in the Refuge Complex; or
(2) to carry out this title.
(c) ACQUISITION.—
(1) IN GENERAL.—Subject to paragraph (2), the
Secretary may acquire by donation, purchase with
donated or appropriated funds, or exchange the land
and water, and interests in land and water (includ-
ing conservation easements), within the boundaries of
the Refuge Complex.
(2) CONSENT.—No land, water, or interest in
land or water described in paragraph (1) may be ac-
626
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quired by the Secretary without the consent of the
owner of the land, water, or interest.
(d) TRANSFERS FROM OTHER AGENCIES.—Adminis-
trative jurisdiction over any Federal property that is lo-
cated within the boundaries of the Refuge Complex and
under the administrative jurisdiction of an agency of the
United States other than the Department of the Interior
may, with the concurrence of the head of the administering
agency, be transferred without consideration to the Sec-
retary for the purpose of this title.
(e) STUDY OF ASSOCIATED AREA.—
(1) IN GENERAL.—The Secretary, acting through
the Director of the United States Fish and Wildlife
Service, shall conduct a study of fish and wildlife
habitat and aquatic and terrestrial communities in
and around the 2 dredge spoil disposal sites that
are—
(A) referred to by the Toledo-Lucas County
Port Authority as ‘‘Port Authority Facility
Number Three’’ and ‘‘Grassy Island’’, respec-
tively; and
(B) located within Toledo Harbor near the
mouth of the Maumee River.
(2) REPORT.—Not later than 18 months after the
date of enactment of this Act, the Secretary shall—
627
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(A) complete the study under paragraph
(1); and
(B) submit to Congress a report on the re-
sults of the study.
SEC. 504. EXPANSION OF INTERNATIONAL REFUGE BOUND-
ARIES.
The southern boundary of the International Refuge is
extended south to include additional land and water in the
State of Michigan located east of Interstate Route 75, ex-
tending from the southern boundary of Sterling State Park
to the Ohio State boundary, as depicted on the map referred
to in section 503(a)(1).
SEC. 505. ADMINISTRATION.
(a) REFUGE COMPLEX.—
(1) IN GENERAL.—The Secretary shall admin-
ister all federally owned land, water, and interests in
land and water that are located within the bound-
aries of the Refuge Complex in accordance with—
(A) the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et
seq.); and
(B) this title.
(2) ADDITIONAL
AUTHORITY.—The Secretary
may use such additional statutory authority available
to the Secretary for the conservation of fish and wild-
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life, and the provision of opportunities for fish- and
wildlife-dependent recreation, as the Secretary deter-
mines to be appropriate to carry out this title.
(b) ADDITIONAL PURPOSES.—In addition to the pur-
poses of the Refuge Complex under other laws, regulations,
executive orders, and comprehensive conservation plans, the
Refuge Complex shall be managed—
(1) to strengthen and complement existing re-
source management, conservation, and education pro-
grams and activities at the Refuge Complex in a
manner consistent with the primary purposes of the
Refuge Complex—
(A) to provide major resting, feeding, and
wintering habitats for migratory birds and other
wildlife; and
(B) to enhance national resource conserva-
tion and management in the western basin;
(2) in partnership with nongovernmental and
private organizations and private individuals dedi-
cated to habitat enhancement, to conserve, enhance,
and restore the native aquatic and terrestrial commu-
nity characteristics of the western basin (including
associated fish, wildlife, and plant species);
(3) to facilitate partnerships among the United
States Fish and Wildlife Service, Canadian national
629
HJ 2 PP
and provincial authorities, State and local govern-
ments, local communities in the United States and
Canada, conservation organizations, and other non-
Federal entities to promote public awareness of the re-
sources of the western basin; and
(4) to advance the collective goals and priorities
that—
(A) were established in the report entitled
‘‘Great Lakes Strategy 2002—A Plan for the
New Millennium’’, developed by the United
States Policy Committee, comprised of Federal
agencies (including the United States Fish and
Wildlife Service, the National Oceanic and At-
mospheric Administration, the United States Ge-
ological Survey, the Forest Service, and the
Great Lakes Fishery Commission) and State
governments and tribal governments in the Great
Lakes basin; and
(B) include the goals of cooperating to pro-
tect and restore the chemical, physical, and bio-
logical integrity of the Great Lakes basin eco-
system.
(c) PRIORITY USES.—In providing opportunities for
compatible fish- and wildlife-dependent recreation, the Sec-
retary, in accordance with paragraphs (3) and (4) of sec-
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tion 4(a) of the National Wildlife Refuge System Adminis-
tration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure, to
the maximum extent practicable, that hunting, trapping,
fishing, wildlife observation and photography, and environ-
mental education and interpretation are the priority public
uses of the Refuge Complex.
(d) COOPERATIVE AGREEMENTS REGARDING NON-
FEDERAL LAND.—To promote public awareness of the re-
sources of the western basin and encourage public partici-
pation in the conservation of those resources, the Secretary
may enter into cooperative agreements with the State of
Ohio or Michigan, any political subdivision of the State,
or any person for the management, in a manner consistent
with this title, of land that—
(1) is owned by the State, political subdivision,
or person; and
(2) is located within the boundaries of the Refuge
Complex.
(e) USE OF EXISTING GREENWAY AUTHORITY.—The
Secretary shall encourage the State of Ohio to use authority
under the recreational trails program under section 206 of
title 23, United States Code, to provide funding for acquisi-
tion and development of trails within the boundaries of the
Refuge Complex.
631
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SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
are necessary—
(1) to acquire land and water within the Refuge
Complex under section 503(c);
(2) to carry out the study under section 503(e);
and
(3) to develop, operate, and maintain the Refuge
Complex.
This division may be cited as the ‘‘Department of the
Interior and Related Agencies Appropriations Act, 2003’’.
DIVISION G—LABOR, HEALTH AND HUMAN SERV-
ICES, AND EDUCATION, AND RELATED AGEN-
CIES APPROPRIATIONS, 2003
Making appropriations for the Departments of Labor,
Health and Human Services, and Education, and re-
lated agencies for the fiscal year ending September
30, 2003, and for other purposes.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 2003, and for other purposes, namely:
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TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Investment
Act, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce Invest-
ment Act and the Women in Apprenticeship and Nontradi-
tional Occupations Act; and the National Skill Standards
Act of 1994; $2,657,084,000 plus reimbursements, of which
$1,583,069,000 is available for obligation for the period
July 1, 2003 through June 30, 2004; of which
$1,045,465,000 is available for obligation for the period
April 1, 2003 through June 30, 2004, including
$1,000,965,000 to carry out chapter 4 of the Workforce In-
vestment Act and $44,500,000 to carry out section 169 of
such Act; and of which $27,550,000 is available for the pe-
riod July 1, 2003 through June 30, 2006 for necessary ex-
penses of construction, rehabilitation, and acquisition of
Job Corps centers: Provided, That $9,098,000 shall be for
carrying out section 172 of the Workforce Investment Act:
Provided further, That, notwithstanding any other provi-
sion of law or related regulation, $80,770,000 shall be for
carrying out section 167 of the Workforce Investment Act,
633
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including $74,965,000 for formula grants, $4,786,000 for
migrant and seasonal housing, and $1,019,000 for other
discretionary purposes: Provided further, That funds pro-
vided to carry out section 171(d) of the Workforce Invest-
ment Act may be used for demonstration projects that pro-
vide assistance to new entrants in the workforce and incum-
bent workers: Provided further, That no funds from any
other appropriation shall be used to provide meal services
at or for Job Corps centers.
For necessary expenses of the Workforce Investment
Act, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce Invest-
ment Act; $2,463,000,000 plus reimbursements, of which
$2,363,000,000 is available for obligation for the period Oc-
tober 1, 2003 through June 30, 2004, and of which
$100,000,000 is available for the period October 1, 2003
through June 30, 2006, for necessary expenses of construc-
tion, rehabilitation, and acquisition of Job Corps centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of
1965, as amended, $440,200,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I;
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and for training, allowances for job search and relocation,
and related State administrative expenses under part II,
subchapters B and D, chapter 2, title II of the Trade Act
of 1974, as amended, $972,200,000, together with such
amounts as may be necessary to be charged to the subse-
quent appropriation for payments for any period subse-
quent to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For authorized administrative expenses, $143,452,000,
together with not to exceed $3,475,451,000 (including not
to exceed $1,228,000 which may be used for amortization
payments to States which had independent retirement plans
in their State employment service agencies prior to 1980),
which may be expended from the Employment Security Ad-
ministration Account in the Unemployment Trust Fund in-
cluding the cost of administering section 51 of the Internal
Revenue Code of 1986, as amended, section 7(d) of the Wag-
ner-Peyser Act, as amended, the Trade Act of 1974, as
amended, the Immigration Act of 1990, and the Immigra-
tion and Nationality Act, as amended, and of which the
sums available in the allocation for activities authorized by
title III of the Social Security Act, as amended (42 U.S.C.
502–504), and the sums available in the allocation for nec-
essary administrative expenses for carrying out 5 U.S.C.
8501–8523, shall be available for obligation by the States
635
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through December 31, 2003, except that funds used for auto-
mation acquisitions shall be available for obligation by the
States through September 30, 2005; of which $143,452,000,
together with not to exceed $773,283,000 of the amount
which may be expended from said trust fund, shall be avail-
able for obligation for the period July 1, 2003 through June
30, 2004, to fund activities under the Act of June 6, 1933,
as amended, including the cost of penalty mail authorized
under 39 U.S.C. 3202(a)(1)(E) made available to States in
lieu of allotments for such purpose: Provided, That to the
extent that the Average Weekly Insured Unemployment
(AWIU) for fiscal year 2003 is projected by the Department
of Labor to exceed 4,526,000, an additional $28,600,000
shall be available for obligation for every 100,000 increase
in the AWIU level (including a pro rata amount for any
increment less than 100,000) from the Employment Secu-
rity Administration Account of the Unemployment Trust
Fund: Provided further, That funds appropriated in this
Act which are used to establish a national one-stop career
center system, or which are used to support the national
activities of the Federal-State unemployment insurance
programs, may be obligated in contracts, grants or agree-
ments with non-State entities: Provided further, That funds
appropriated under this Act for activities authorized under
the Wagner-Peyser Act, as amended, and title III of the So-
636
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cial Security Act, may be used by the States to fund inte-
grated Employment Service and Unemployment Insurance
automation efforts, notwithstanding cost allocation prin-
ciples prescribed under Office of Management and Budget
Circular A–87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND
OTHER FUNDS
For repayable advances to the Unemployment Trust
Fund as authorized by sections 905(d) and 1203 of the So-
cial Security Act, as amended, and to the Black Lung Dis-
ability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund
as authorized by section 8509 of title 5, United States Code,
and to the ‘‘Federal unemployment benefits and allow-
ances’’ account, to remain available until September 30,
2004, $463,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 2003, for costs incurred by the
Black Lung Disability Trust Fund in the current fiscal
year, such sums as may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs, $121,032,000, including $4,711,000 to ad-
minister welfare-to-work grants, together with not to exceed
637
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$56,610,000, which may be expended from the Employment
Security Administration Account in the Unemployment
Trust Fund.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Pension and Welfare
Benefits Administration, $117,044,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is author-
ized to make such expenditures, including financial assist-
ance authorized by section 104 of Public Law 96–364, with-
in limits of funds and borrowing authority available to
such Corporation, and in accord with law, and to make
such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Govern-
ment Corporation Control Act, as amended (31 U.S.C.
9104), as may be necessary in carrying out the program
through September 30, 2003, for such Corporation: Pro-
vided, That not to exceed $13,050,000 shall be available for
administrative expenses of the Corporation: Provided fur-
ther, That expenses of such Corporation in connection with
the termination of pension plans, for the acquisition, pro-
tection or management, and investment of trust assets, and
for benefits administration services shall be considered as
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non-administrative expenses for the purposes hereof, and ex-
cluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection serv-
ices rendered, $383,428,000, together with $2,029,000 which
may be expended from the Special Fund in accordance with
sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
Workers’ Compensation Act: Provided, That $2,000,000
shall be for the development of an alternative system for
the electronic submission of reports required to be filed
under the Labor-Management Reporting and Disclosure Act
of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that
is indexed and easily searchable by the public via the Inter-
net: Provided further, That the Secretary of Labor is au-
thorized to accept, retain, and spend, until expended, in
the name of the Department of Labor, all sums of money
ordered to be paid to the Secretary of Labor, in accordance
with the terms of the Consent Judgment in Civil Action
No. 91–0027 of the United States District Court for the Dis-
trict of the Northern Mariana Islands (May 21, 1992): Pro-
vided further, That the Secretary of Labor is authorized to
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establish and, in accordance with 31 U.S.C. 3302, collect
and deposit in the Treasury fees for processing applications
and issuing certificates under sections 11(d) and 14 of the
Fair Labor Standards Act of 1938, as amended (29 U.S.C.
211(d) and 214) and for processing applications and
issuing registrations under title I of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.).
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and ex-
penses (except administrative expenses) accruing during the
current or any prior fiscal year authorized by title 5, chap-
ter 81 of the United States Code; continuation of benefits
as provided for under the heading ‘‘Civilian War Benefits’’
in the Federal Security Agency Appropriation Act, 1947;
the Employees’ Compensation Commission Appropriation
Act, 1944; sections 4(c) and 5(f) of the War Claims Act
of 1948 (50 U.S.C. App. 2012); and 50 percent of the addi-
tional compensation and benefits required by section 10(h)
of the Longshore and Harbor Workers’ Compensation Act,
as amended, $163,000,000, together with such amounts as
may be necessary to be charged to the subsequent year ap-
propriation for the payment of compensation and other ben-
efits for any period subsequent to August 15 of the current
year: Provided, That amounts appropriated may be used
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under section 8104 of title 5, United States Code, by the
Secretary of Labor to reimburse an employer, who is not
the employer at the time of injury, for portions of the salary
of a reemployed, disabled beneficiary: Provided further,
That balances of reimbursements unobligated on September
30, 2002, shall remain available until expended for the pay-
ment of compensation, benefits, and expenses: Provided fur-
ther, That in addition there shall be transferred to this ap-
propriation from the Postal Service and from any other cor-
poration or instrumentality required under section 8147(c)
of title 5, United States Code, to pay an amount for its
fair share of the cost of administration, such sums as the
Secretary determines to be the cost of administration for
employees of such fair share entities through September 30,
2003: Provided further, That of those funds transferred to
this account from the fair share entities to pay the cost of
administration of the Federal Employees’ Compensation
Act, $37,657,000 shall be made available to the Secretary
as follows: (1) for the operation of and enhancement to the
automated data processing systems, including document
imaging and conversion to a paperless office, $24,928,000;
(2) for medical bill review and periodic roll management,
$12,027,000; (3) for communications redesign, $702,000;
and (4) the remaining funds shall be paid into the Treasury
as miscellaneous receipts: Provided further, That the Sec-
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retary may require that any person filing a notice of injury
or a claim for benefits under chapter 81 of title 5, United
States Code, or 33 U.S.C. 901 et seq., provide as part of
such notice and claim, such identifying information (in-
cluding Social Security account number) as such regula-
tions may prescribe.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Em-
ployees 
Occupational 
Illness 
Compensation 
Act,
$104,867,000, to remain available until expended: Pro-
vided, That the Secretary of Labor is authorized to transfer
to any Executive agency with authority under the Energy
Employees Occupational Illness Compensation Act, includ-
ing within the Department of Labor, such sums as may
be necessary in fiscal year 2003 to carry out those authori-
ties: Provided further, That the Secretary may require that
any person filing a claim for benefits under the Act provide
as part of such claim, such identifying information (includ-
ing Social Security account number) as may be prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Beginning in fiscal year 2003 and thereafter, such
sums as may be necessary from the Black Lung Disability
Trust Fund, to remain available until expended, for pay-
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ment of all benefits authorized by section 9501(d)(1), (2),
(4), and (7) of the Internal Revenue Code of 1954, as
amended; and interest on advances, as authorized by section
9501(c)(2) of that Act. In addition, the following amounts
shall be available from the Fund for fiscal year 2003 for
expenses of operation and administration of the Black Lung
Benefits program, as authorized by section 9501(d)(5):
$31,987,000 for transfer to the Employment Standards Ad-
ministration, ‘‘Salaries and Expenses’’; $22,952,000 for
transfer to Departmental Management, ‘‘Salaries and Ex-
penses’’; $334,000 for transfer to Departmental Manage-
ment, ‘‘Office of Inspector General’’; and $356,000 for pay-
ments into miscellaneous receipts for the expenses of the De-
partment of Treasury.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety
and Health Administration, $462,314,000, including not to
exceed $92,531,000 which shall be the maximum amount
available for grants to States under section 23(g) of the Oc-
cupational Safety and Health Act (the ‘‘Act’’), which grants
shall be no less than 50 percent of the costs of State occupa-
tional safety and health programs required to be incurred
under plans approved by the Secretary under section 18
of the Act, and including $18,000,000 for safety and health
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standards, of which notwithstanding any other provision
of law, not less than $2,000,000 is available to provide for
the reissuance of a rule relating to ergonomics by the Sec-
retary of Labor, in accordance with section 6 of the Occupa-
tional Safety and Health Act; and, in addition, notwith-
standing 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $750,000 per fis-
cal year of training institute course tuition fees, otherwise
authorized by law to be collected, and may utilize such sums
for occupational safety and health training and education
grants: Provided, That, notwithstanding 31 U.S.C. 3302,
the Secretary of Labor is authorized, during the fiscal year
ending September 30, 2003, to collect and retain fees for
services provided to Nationally Recognized Testing Labora-
tories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and
international laboratory recognition programs that ensure
the safety of equipment and products used by workers in
the workplace: Provided further, That none of the funds ap-
propriated under this paragraph shall be obligated or ex-
pended to prescribe, issue, administer, or enforce any stand-
ard, rule, regulation, or order under the Act which is appli-
cable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and em-
ploys 10 or fewer employees: Provided further, That no
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funds appropriated under this paragraph shall be obligated
or expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any em-
ployer of 10 or fewer employees who is included within a
category having an occupational injury lost workday case
rate, at the most precise Standard Industrial Classification
Code for which such data are published, less than the na-
tional average rate as such rates are most recently published
by the Secretary, acting through the Bureau of Labor Sta-
tistics, in accordance with section 24 of that Act (29 U.S.C.
673), except—
(1) to provide, as authorized by such Act, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by such Act
with respect to imminent dangers;
(4) to take any action authorized by such Act
with respect to health hazards;
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(5) to take any action authorized by such Act
with respect to a report of an employment accident
which is fatal to one or more employees or which re-
sults in hospitalization of two or more employees, and
to take any action pursuant to such investigation au-
thorized by such Act; and
(6) to take any action authorized by such Act
with respect to complaints of discrimination against
employees for exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which
does not maintain a temporary labor camp and employs
10 or fewer employees: Provided further, That not less than
$3,200,000 shall be used to extend funding for the Institu-
tional Competency Building training grants which com-
menced in September 2000, for program activities for the
period of September 30, 2003 to September 30, 2004, pro-
vided that a grantee has demonstrated satisfactory perform-
ance.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $271,841,000, including purchase and be-
stowal of certificates and trophies in connection with mine
rescue and first-aid work, and the hire of passenger motor
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vehicles; including up to $2,000,000 for mine rescue and
recovery activities; and including $10,000,000 for digitizing
mine maps and developing technologies to detect mine
voids, through contracts, grants, or other arrangements, to
remain available until expended; in addition, not to exceed
$750,000 may be collected by the National Mine Health and
Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be col-
lected, to be available for mine safety and health education
and training activities, notwithstanding 31 U.S.C. 3302;
and, in addition, the Mine Safety and Health Administra-
tion may retain up to $1,000,000 from fees collected for the
approval and certification of equipment, materials, and ex-
plosives for use in mines, and may utilize such sums for
such activities; the Secretary is authorized to accept lands,
buildings, equipment, and other contributions from public
and private sources and to prosecute projects in cooperation
with other agencies, Federal, State, or private; the Mine
Safety and Health Administration is authorized to promote
health and safety education and training in the mining
community through cooperative programs with States, in-
dustry, and safety associations; and any funds available to
the department may be used, with the approval of the Sec-
retary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
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BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statis-
tics, including advances or reimbursements to State, Fed-
eral, and local agencies and their employees for services ren-
dered, 
$415,855,000, 
together 
with 
not 
to 
exceed
$72,029,000, which may be expended from the Employment
Security Administration Account in the Unemployment
Trust Fund; and $2,570,000 which shall be available for
obligation for the period July 1, 2003 through September
30, 2003, for Occupational Employment Statistics, and
$6,600,000 to be used to fund the mass layoff statistics pro-
gram under section 15 of the Wagner-Peyser Act (29 U.S.C.
49l–2).
OFFICE OF DISABILITY EMPLOYMENT POLICY
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability Em-
ployment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of
people with disabilities, $47,015,000.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including the man-
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agement or operation, through contracts, grants or other ar-
rangements of Departmental activities conducted by or
through the Bureau of International Labor Affairs, includ-
ing bilateral and multilateral technical assistance and other
international labor activities, of which the funds designated
to carry out bilateral assistance under the international
child labor initiative shall be available for obligation
through September 30, 2004, and not less than $3,000,000
shall be for an Office of Pension Participant Advocacy, and
$55,000,000, for the acquisition of Departmental informa-
tion technology, architecture, infrastructure, equipment,
software and related needs which will be allocated by the
Department’s Chief Information Officer in accordance with
the Department’s capital investment management process
to assure a sound investment strategy; $396,313,000; to-
gether with not to exceed $310,000, which may be expended
from the Employment Security Administration Account in
the Unemployment Trust Fund: Provided, That no funds
made available by this Act may be used by the Solicitor
of Labor to participate in a review in any United States
court of appeals of any decision made by the Benefits Re-
view Board under section 21 of the Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. 921) where such
participation is precluded by the decision of the United
States Supreme Court in Director, Office of Workers’ Com-
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pensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995), notwithstanding any provisions to the con-
trary contained in Rule 15 of the Federal Rules of Appellate
Procedure: Provided further, That no funds made available
by this Act may be used by the Secretary of Labor to review
a decision under the Longshore and Harbor Workers’ Com-
pensation Act (33 U.S.C. 901 et seq.) that has been appealed
and that has been pending before the Benefits Review Board
for more than 12 months: Provided further, That any such
decision pending a review by the Benefits Review Board
for more than 1 year shall be considered affirmed by the
Benefits Review Board on the 1-year anniversary of the fil-
ing of the appeal, and shall be considered the final order
of the Board for purposes of obtaining a review in the
United States courts of appeals: Provided further, That
these provisions shall not be applicable to the review or ap-
peal of any decision issued under the Black Lung Benefits
Act (30 U.S.C. 901 et seq.).
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $191,537,000 may be derived from the
Employment Security Administration Account in the Un-
employment Trust Fund to carry out the provisions of 38
U.S.C. 4100–4110A, 4212, 4214, and 4321–4327, and Pub-
lic Law 103–353, and which shall be available for obliga-
tion by the States through December 31, 2003. To carry
out the Stewart B. McKinney Homeless Assistance Act and
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section 168 of the Workforce Investment Act of 1998,
$26,550,000, of which $7,550,000 shall be available for obli-
gation for the period July 1, 2003 through June 30, 2004.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $56,659,000, together with
not to exceed $5,597,000, which may be expended from the
Employment Security Administration Account in the Un-
employment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title
for the Job Corps shall be used to pay the compensation
of an individual, either as direct costs or any proration
as an indirect cost, at a rate in excess of Executive Level
II.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended) which are appro-
priated for the current fiscal year for the Department of
Labor in this Act may be transferred between appropria-
tions, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the
Appropriations Committees of both Houses of Congress are
notified at least 15 days in advance of any transfer.
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SEC. 103. In accordance with Executive Order No.
13126, none of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
for the procurement of goods mined, produced, manufac-
tured, or harvested or services rendered, whole or in part,
by forced or indentured child labor in industries and host
countries already identified by the U.S. Department of
Labor prior to enactment of this Act.
SEC. 104. There is authorized to be appropriated such
sums as may be necessary to the Denali Commission
through the Department of Labor to conduct job training
of the local workforce where Denali Commission projects
will be constructed.
SEC. 105. (a) Section 218(d)(6)(C) of the Social Secu-
rity Act (42 U.S.C. 418(d)(6)(C)) is amended by inserting
‘‘Kentucky,’’ after ‘‘Illinois,’’.
(b) The amendment made by subsection (a) takes effect
on January 1, 2003.
This title may be cited as the ‘‘Department of Labor
Appropriations Act, 2003’’.
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TITLE II—DEPARTMENT OF HEALTH AND
HUMAN SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section
427(a) of the Federal Coal Mine Health and Safety Act,
title V (including section 510), and sections 1128E and
1820 of the Social Security Act, the Health Care Quality
Improvement Act of 1986, as amended, the Native Hawai-
ian Health Care Act of 1988, as amended, the Cardiac Ar-
rest Survival Act of 2000, and the Poison Control Center
Enhancement and Awareness Act, $6,115,654,000, of which
$45,000,000 from general revenues, notwithstanding section
1820(j) of the Social Security Act, shall be available for
carrying out the Medicare rural hospital flexibility grants
program under section 1820 of such Act: Provided, That
of the funds made available under this heading, $250,000
shall be available until expended for facilities renovations
at the Gillis W. Long Hansen’s Disease Center: Provided
further, That in addition to fees authorized by section
427(b) of the Health Care Quality Improvement Act of
1986, fees shall be collected for the full disclosure of informa-
tion under the Act sufficient to recover the full costs of oper-
ating the National Practitioner Data Bank, and shall re-