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UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of
the United States Park Police, $66,106,000.
CONTRIBUTION FOR ANNUITY BENEFITS
For reimbursement (not heretofore made), pursuant to
provisions of Public Law 85–157, to the District of Colum-
bia on a monthly basis for benefit payments by the District
of Columbia to United States Park Police annuitants under
the provisions of the Policeman and Fireman’s Retirement
and Disability Act (Act), to the extent those payments ex-
ceed contributions made by active Park Police members cov-
ered under the Act, such amounts as hereafter may be nec-
essary: Provided, That hereafter the appropriations made
to the National Park Service shall not be available for this
purpose.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage part-
nership programs, environmental compliance and review,
international park affairs, statutory or contractual aid for
other activities, and grant administration, not otherwise
provided for, $65,886,000.
URBAN PARK AND RECREATION FUND
For expenses necessary to carry out the provisions of
the Urban Park and Recreation Recovery Act of 1978 (16
U.S.C. 2501 et seq.), $20,000,000, to remain available until
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expended and to be for the conservation activities defined
in section 250(c)(4)(E)(x) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and
the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104–333), $74,000,000, to be derived
from the Historic Preservation Fund, to remain available
until September 30, 2003, and to be for the conservation
activities defined in section 250(c)(4)(E)(xi) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act: Provided, That
of the amount provided $30,000,000 shall be for Save Amer-
ica’s Treasures for priority preservation projects, including
preservation of intellectual and cultural artifacts, preserva-
tion of historic structures and sites, and buildings to house
cultural and historic resources and to provide educational
opportunities: Provided further, That any individual Save
America’s Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only
be eligible for one grant, and all projects to be funded shall
be approved by the House and Senate Committees on Ap-
propriations prior to the commitment of grant funds: Pro-
vided further, That Save America’s Treasures funds allo-
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cated for Federal projects shall be available by transfer to
appropriate accounts of individual agencies, after approval
of such projects by the Secretary of the Interior: Provided
further, That none of the funds provided for Save America’s
Treasures may be used for administrative expenses, and
staffing for the program shall be available from the existing
staffing levels in the National Park Service.
CONSTRUCTION
For construction, improvements, repair or replacement
of physical facilities, including the modifications authorized
by section 104 of the Everglades National Park Protection
and Expansion Act of 1989, $338,585,000, to remain avail-
able until expended, of which $60,000,000 is for conserva-
tion activities defined in section 250(c)(4)(E) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2002
by 16 U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and
Water Conservation Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses, and
for acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
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National Park Service, $287,036,000, to be derived from the
Land and Water Conservation Fund, to remain available
until expended and to be for the conservation activities de-
fined in section 250(c)(4)(E)(iii) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act, of which $164,000,000 is for
the State assistance program including $4,000,000 to ad-
minister the State assistance program, and of which
$11,000,000 shall be for grants, not covering more than 50
percent of the total cost of any acquisition to be made with
such funds, to States and local communities for purposes
of acquiring lands or interests in lands to preserve and pro-
tect Civil War battlefield sites identified in the July 1993
Report on the Nation’s Civil War Battlefields prepared by
the Civil War Sites Advisory Commission: Provided, That
lands or interests in land acquired with Civil War battle-
field grants shall be subject to the requirements of para-
graph 6(f)(3) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l–8(f)(3)): Provided further,
That of the amounts provided under this heading,
$15,000,000 may be for Federal grants to the State of Flor-
ida for the acquisition of lands or waters, or interests there-
in, within the Everglades watershed (consisting of lands
and waters within the boundaries of the South Florida
Water Management District, Florida Bay and the Florida
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Keys, including the areas known as the Frog Pond, the
Rocky Glades and the Eight and One-Half Square Mile
Area) under terms and conditions deemed necessary by the
Secretary to improve and restore the hydrological function
of the Everglades watershed; and $16,000,000 may be for
project modifications authorized by section 104 of the Ever-
glades National Park and Expansion Act: Provided further,
That funds provided under this heading for assistance to
the State of Florida to acquire lands within the Everglades
watershed are contingent upon new matching non-Federal
funds by the State and shall be subject to an agreement that
the lands to be acquired will be managed in perpetuity for
the restoration of the Everglades: Provided further, That
none of the funds provided for the State Assistance program
may be used to establish a contingency fund.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 315 passenger
motor vehicles, of which 256 shall be for replacement only,
including not to exceed 237 for police-type use, 11 buses,
and 8 ambulances: Provided, That none of the funds appro-
priated to the National Park Service may be used to process
any grant or contract documents which do not include the
text of 18 U.S.C. 1913: Provided further, That none of the
funds appropriated to the National Park Service may be
used to implement an agreement for the redevelopment of
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the southern end of Ellis Island until such agreement has
been submitted to the Congress and shall not be imple-
mented 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 three
calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President
of the Senate of a full and comprehensive report on the de-
velopment of the southern end of Ellis Island, including the
facts and circumstances relied upon in support of the pro-
posed project.
None of the funds in this Act may be spent by the Na-
tional Park Service for activities taken in direct response
to the United Nations Biodiversity Convention.
The National Park Service may distribute to operating
units based on the safety record of each unit the costs of
programs designed to improve workplace and employee safe-
ty, and to encourage employees receiving workers’ com-
pensation benefits pursuant to chapter 81 of title 5, United
States Code, to return to appropriate positions for which
they are medically able.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research cov-
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ering topography, geology, hydrology, biology, and the min-
eral and water resources of the United States, its territories
and possessions, and other areas as authorized by 43 U.S.C.
31, 1332, and 1340; classify lands as to their mineral and
water resources; give engineering supervision to power per-
mittees and Federal Energy Regulatory Commission licens-
ees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to
the foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials proc-
essing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
98g(1)) and related purposes as authorized by law and to
publish and disseminate data; $892,474,000, of which
$64,318,000 shall be available only for cooperation with
States or municipalities for water resources investigations;
and of which $16,400,000 shall remain available until ex-
pended for conducting inquiries into the economic condi-
tions affecting mining and materials processing industries;
and of which $8,000,000 shall remain available until ex-
pended for satellite operations; and of which $23,226,000
shall be available until September 30, 2003 for the oper-
ation and maintenance of facilities and deferred mainte-
nance; and of which $164,424,000 shall be available until
September 30, 2003 for the biological research activity and
the operation of the Cooperative Research Units: Provided,
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That none of these funds provided for the biological research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That of the amount pro-
vided herein, $25,000,000 is for the conservation activities
defined in section 250(c)(4)(E)(viii) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act: Provided further, That no part
of this appropriation shall be used to pay more than one-
half the cost of topographic mapping or water resources
data collection and investigations carried on in cooperation
with States and municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geo-
logical Survey shall be available for the purchase of not to
exceed 53 passenger motor vehicles, of which 48 are for re-
placement only; reimbursement to the General Services Ad-
ministration for security guard services; contracting for the
furnishing of topographic maps and for the making of geo-
physical or other specialized surveys when it is administra-
tively determined that such procedures are in the public in-
terest; construction and maintenance of necessary buildings
and appurtenant facilities; acquisition of lands for gauging
stations and observation wells; expenses of the United States
National Committee on Geology; and payment of compensa-
tion and expenses of persons on the rolls of the Survey duly
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appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be ac-
complished through the use of contracts, grants, or coopera-
tive agreements as defined in 31 U.S.C. 6302 et seq.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only, $151,933,000, of which $84,021,000,
shall be available for royalty management activities; and
an amount not to exceed $102,730,000, to be credited to this
appropriation and to remain available until expended,
from additions to receipts resulting from increases to rates
in effect on August 5, 1993, from rate increases to fee collec-
tions for Outer Continental Shelf administrative activities
performed by the Minerals Management Service over and
above the rates in effect on September 30, 1993, and from
additional fees for Outer Continental Shelf administrative
activities established after September 30, 1993: Provided,
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That to the extent $102,730,000 in additions to receipts are
not realized from the sources of receipts stated above, the
amount needed to reach $102,730,000 shall be credited to
this appropriation from receipts resulting from rental rates
for Outer Continental Shelf leases in effect before August
5, 1993: Provided further, That $3,000,000 for computer ac-
quisitions shall remain available until September 30, 2003:
Provided further, That funds appropriated under this Act
shall be available for the payment of interest in accordance
with 30 U.S.C. 1721(b) and (d): Provided further, That not
to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any
other provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Minerals
Management Service (MMS) concurred with the claimed re-
fund due, to pay amounts owed to Indian allottees or tribes,
or to correct prior unrecoverable erroneous payments: Pro-
vided further, That MMS may under the royalty-in-kind
pilot program use a portion of the revenues from royalty-
in-kind sales, without regard to fiscal year limitation, to
pay for transportation to wholesale market centers or up-
stream pooling points, and to process or otherwise dispose
of royalty production taken in kind: Provided further, That
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MMS shall analyze and document the expected return in
advance of any royalty-in-kind sales to assure to the max-
imum extent practicable that royalty income under the
pilot program is equal to or greater than royalty income
recognized under a comparable royalty-in-value program.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section
1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990,
$6,118,000, which shall be derived from the Oil Spill Liabil-
ity Trust Fund, to remain available until expended.
OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of
the Surface Mining Control and Reclamation Act of 1977,
Public Law 95–87, as amended, including the purchase of
not to exceed 10 passenger motor vehicles, for replacement
only; $102,144,000: Provided, That the Secretary of the In-
terior, pursuant to regulations, may use directly or through
grants to States, moneys collected in fiscal year 2002 for
civil penalties assessed under section 518 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1268), to reclaim lands adversely affected by coal mining
practices after August 3, 1977, to remain available until
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expended: Provided further, That appropriations for the Of-
fice of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Rec-
lamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Sur-
face Mining Control and Reclamation Act of 1977, Public
Law 95–87, as amended, including the purchase of not more
than 10 passenger motor vehicles for replacement only,
$203,171,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until ex-
pended; of which up to $10,000,000, to be derived from the
Federal Expenses Share of the Fund, shall be for supple-
mental grants to States for the reclamation of abandoned
sites with acid mine rock drainage from coal mines, and
for associated activities, through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum pro-
gram States will be $1,600,000 per State in fiscal year
2002: Provided further, That of the funds herein provided
up to $18,000,000 may be used for the emergency program
authorized by section 410 of Public Law 95–87, as amend-
ed, of which no more than 25 percent shall be used for emer-
gency reclamation projects in any one State and funds for
federally administered emergency reclamation projects
under this proviso shall not exceed $11,000,000: Provided
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further, That prior year unobligated funds appropriated for
the emergency reclamation program shall not be subject to
the 25 percent limitation per State and may be used with-
out fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97–365, the Depart-
ment of the Interior is authorized to use up to 20 percent
from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV
of Public Law 95–87 may be used for any required non-
Federal share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects
must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided
further, That the State of Maryland may set aside the great-
er of $1,000,000 or 10 percent of the total of the grants
made available to the State under title IV of the Surface
Mining Control and Reclamation Act of 1977, as amended
(30 U.S.C. 1231 et seq.), if the amount set aside is deposited
in an acid mine drainage abatement and treatment fund
established under a State law, pursuant to which law the
amount (together with all interest earned on the amount)
is expended by the State to undertake acid mine drainage
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abatement and treatment projects, except that before any
amounts greater than 10 percent of its title IV grants are
deposited in an acid mine drainage abatement and treat-
ment fund, the State of Maryland must first complete all
Surface Mining Control and Reclamation Act priority one
projects.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian pro-
grams, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter-
mination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of
1978 (25 U.S.C. 2001–2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$1,804,322,000, to remain available until September 30,
2003 except as otherwise provided herein, of which not to
exceed $89,864,000 shall be for welfare assistance payments
and notwithstanding any other provision of law, including
but not limited to the Indian Self-Determination Act of
1975, as amended, not to exceed $130,209,000 shall be
available for payments to tribes and tribal organizations
for contract support costs associated with ongoing contracts,
grants, compacts, or annual funding agreements entered
into with the Bureau prior to or during fiscal year 2002,
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as authorized by such Act, except that tribes and tribal or-
ganizations may use their tribal priority allocations for
unmet indirect costs of ongoing contracts, grants, or com-
pacts, or annual funding agreements and for unmet welfare
assistance costs; and up to $3,000,000 shall be for the In-
dian Self-Determination Fund which shall be available for
the transitional cost of initial or expanded tribal contracts,
grants, compacts or cooperative agreements with the Bureau
under such Act; and of which not to exceed $436,427,000
for school operations costs of Bureau-funded schools and
other education programs shall become available on July
1, 2002, and shall remain available until September 30,
2003; and of which not to exceed $58,540,000 shall remain
available until expended for housing improvement, road
maintenance, attorney fees, litigation support, the Indian
Self-Determination Fund, land records improvement, and
the Navajo-Hopi Settlement Program: Provided, That not-
withstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, and 25 U.S.C. 2008, not to exceed $43,065,000
within and only from such amounts made available for
school operations shall be available to tribes and tribal or-
ganizations for administrative cost grants associated with
the operation of Bureau-funded schools: Provided further,
That any forestry funds allocated to a tribe which remain
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unobligated as of September 30, 2003, may be transferred
during fiscal year 2004 to an Indian forest land assistance
account established for the benefit of such tribe within the
tribe’s trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on Sep-
tember 30, 2004.
CONSTRUCTION
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities,
and other facilities, including architectural and engineering
services by contract; acquisition of lands, and interests in
lands; and preparation of lands for farming, and for con-
struction of the Navajo Indian Irrigation Project pursuant
to Public Law 87–483, $360,132,000, to remain available
until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irriga-
tion Project may be transferred to the Bureau of Reclama-
tion: Provided further, That not to exceed 6 percent of con-
tract authority available to the Bureau of Indian Affairs
from the Federal Highway Trust Fund may be used to cover
the road program management costs of the Bureau: Pro-
vided further, That any funds provided for the Safety of
Dams program pursuant to 25 U.S.C. 13 shall be made
available on a nonreimbursable basis: Provided further,
That for fiscal year 2002, in implementing new construc-
tion or facilities improvement and repair project grants in
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excess of $100,000 that are provided to tribally controlled
grant schools under Public Law 100–297, as amended, the
Secretary of the Interior shall use the Administrative and
Audit Requirements and Cost Principles for Assistance Pro-
grams contained in 43 CFR part 12 as the regulatory re-
quirements: Provided further, That such grants shall not
be subject to section 12.61 of 43 CFR; the Secretary and
the grantee shall negotiate and determine a schedule of pay-
ments for the work to be performed: Provided further, That
in considering applications, the Secretary shall consider
whether the Indian tribe or tribal organization would be
deficient in assuring that the construction projects conform
to applicable building standards and codes and Federal,
tribal, or State health and safety standards as required by
25 U.S.C. 2005(a), with respect to organizational and fi-
nancial management capabilities: Provided further, That if
the Secretary declines an application, the Secretary shall
follow the requirements contained in 25 U.S.C. 2505(f):
Provided further, That any disputes between the Secretary
and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and indi-
viduals 
and 
for 
necessary 
administrative 
expenses,
$60,949,000, to remain available until expended; of which
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$24,870,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 101–618 and 102–575, and for implementa-
tion of other enacted water rights settlements; of which
$7,950,000 shall be available for future water supplies fa-
cilities under Public Law 106–163; of which $21,875,000
shall be available pursuant to Public Laws 99–264, 100–
580, 106–263, 106–425, 106–554, and 106–568; and of
which $6,254,000 shall be available for the consent decree
entered by the U.S. District Court, Western District of
Michigan in United States v. Michigan, Case No. 2:73 CV
26.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans, $4,500,000, as au-
thorized by the Indian Financing Act of 1974, as amended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $75,000,000.
In addition, for administrative expenses to carry out
the guaranteed loan programs, $486,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts and grants, either di-
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rectly or in cooperation with States and other organiza-
tions.
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guarantee
and insurance fund, and the Indian Guaranteed Loan Pro-
gram account) shall be available for expenses of exhibits,
and purchase of not to exceed 229 passenger motor vehicles,
of which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations, pooled overhead general administration (except
facilities operations and maintenance), or provided to im-
plement the recommendations of the National Academy of
Public Administration’s August 1999 report shall be avail-
able for tribal contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the
Tribal Self-Governance Act of 1994 (Public Law 103–413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government’s trust responsibility to that tribe,
or the government-to-government relationship between the
United States and that tribe, or that tribe’s ability to access
future appropriations.
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Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452
et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other
Act for schools funded by the Bureau shall be available only
to the schools in the Bureau school system as of September
1, 1996. No funds available to the Bureau shall be used to
support expanded grades for any school or dormitory be-
yond the grade structure in place or approved by the Sec-
retary of the Interior at each school in the Bureau school
system as of October 1, 1995. Funds made available under
this Act may not be used to establish a charter school at
a Bureau-funded school (as that term is defined in section
1146 of the Education Amendments of 1978 (25 U.S.C.
2026)), except that a charter school that is in existence on
the date of the enactment of this Act and that has operated
at a Bureau-funded school before September 1, 1999, may
continue to operate during that period, but only if the char-
ter school pays to the Bureau a pro rata share of funds
to reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the char-
ter school are kept separate and apart from Bureau funds,
and the Bureau does not assume any obligation for charter
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school programs of the State in which the school is located
if the charter school loses such funding. Employees of Bu-
reau-funded schools sharing a campus with a charter school
and performing functions related to the charter school’s op-
eration and employees of a charter school shall not be treat-
ed as Federal employees for purposes of chapter 171 of title
28, United States Code (commonly known as the ‘‘Federal
Tort Claims Act’’).
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$76,450,000, of which: (1) $71,922,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, coral reef initiative activities, and brown tree
snake control and research; grants to the judiciary in Amer-
ican Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for
construction and support of governmental functions; grants
to the Government of the Virgin Islands as authorized by
law; grants to the Government of Guam, as authorized by
law; and grants to the Government of the Northern Mariana
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Islands as authorized by law (Public Law 94–241; 90 Stat.
272); and (2) $4,528,000 shall be available for salaries and
expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local govern-
ments herein provided for, including such transactions of
all agencies or instrumentalities established or used by such
governments, may be audited by the General Accounting Of-
fice, at its discretion, in accordance with chapter 35 of title
31, United States Code: Provided further, That Northern
Mariana Islands Covenant grant funding shall be provided
according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assist-
ance for the Northern Mariana Islands approved by Public
Law 104–134: Provided further, That of the amounts pro-
vided for technical assistance, not to exceed $2,000,000 shall
be made available for transfer to the Disaster Assistance
Direct Loan Financing Account of the Federal Emergency
Management Agency for the purpose of covering the cost of
forgiving the repayment obligation of the Government of the
Virgin Islands on Community Disaster Loan 841, as re-
quired by section 504 of the Congressional Budget Act of
1974, as amended (2 U.S.C. 661c): Provided further, That
of the amounts provided for technical assistance, sufficient
funding shall be made available for a grant to the Close
Up Foundation: Provided further, That the funds for the
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program of operations and maintenance improvement are
appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure in
American Samoa, Guam, the Virgin Islands, the Common-
wealth of the Northern Mariana Islands, the Republic of
Palau, the Republic of the Marshall Islands, and the Fed-
erated States of Micronesia through assessments of long-
range operations maintenance needs, improved capability
of local operations and maintenance institutions and agen-
cies (including management and vocational education
training), and project-specific maintenance (with terri-
torial participation and cost sharing to be determined by
the Secretary based on the individual territory’s commit-
ment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance
under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the
purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the Mar-
shall Islands as provided for in sections 122, 221, 223, 232,
and 233 of the Compact of Free Association, and for eco-
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nomic assistance and necessary expenses for the Republic
of Palau as provided for in sections 122, 221, 223, 232,
and 233 of the Compact of Free Association, $23,245,000,
to remain available until expended, as authorized by Public
Law 99–239 and Public Law 99–658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the Depart-
ment of the Interior, $67,541,000, of which not to exceed
$8,500 may be for official reception and representation ex-
penses, and of which up to $1,000,000 shall be available
for workers compensation payments and unemployment
compensation payments associated with the orderly closure
of the United States Bureau of Mines.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$44,074,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector Gen-
eral, $34,302,000, of which $3,812,000 shall be for procure-
ment by contract of independent auditing services to audit
the consolidated Department of the Interior annual finan-
cial statement and the annual financial statement of the
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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, $99,224,000, to remain available until ex-
pended: Provided, That funds for trust management im-
provements may be transferred, as needed, to the Bureau
of Indian Affairs ‘‘Operation of Indian Programs’’ account
and to the Departmental Management ‘‘Salaries and Ex-
penses’’ account: Provided further, That funds made avail-
able to Tribes and Tribal organizations through contracts
or grants obligated during fiscal year 2002, as authorized
by the Indian Self-Determination Act of 1975 (25 U.S.C.
450 et seq.), shall remain available until expended by the
contractor or grantee: Provided further, That notwith-
standing any other provision of law, the statute of limita-
tions shall not commence to run on any claim, including
any claim in litigation pending on the date of the enact-
ment of this Act, concerning losses to or mismanagement
of trust funds, until the affected tribe or individual Indian
has been furnished with an accounting of such funds from
which the beneficiary can determine whether there has been
a loss: Provided further, That notwithstanding any other
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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.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian
lands and expenses associated with redetermining and re-
distributing escheated interests in allotted lands, and for
necessary expenses to carry out the Indian Land Consolida-
tion Act of 1983, as amended, by direct expenditure or coop-
erative agreement, $10,980,000, to remain available until
expended and which may be transferred to the Bureau of
Indian Affairs and Departmental Management.
NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment activi-
ties by the Department of the Interior necessary to carry
out the provisions of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act, as amended (42
U.S.C. 9601 et seq.), Federal Water Pollution Control Act,
as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act
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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.), $5,872,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds
in the ‘‘Departmental Management’’, ‘‘Office of the Solic-
itor’’, and ‘‘Office of Inspector General’’ may be augmented
through the Working Capital Fund or the Consolidated
Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE
INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoidable
causes: Provided, That no funds shall be made available
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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
the jurisdiction of the Secretary, pursuant to the authority
in section 1773(b) of Public Law 99–198 (99 Stat. 1658);
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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 thirty days: Provided fur-
ther, That all funds used pursuant to this section are hereby
designated by Congress to be ‘‘emergency requirements’’
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be
replenished by a supplemental appropriation which must
be requested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on a
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pro rata basis, accounts from which emergency funds were
transferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any other
activity in the same manner as authorized by sections 1535
and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equip-
ment, and for services rendered may be credited to the ap-
propriation current at the time such reimbursements are
received.
SEC. 104. Appropriations made to the Department of
the Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the Sec-
retary, in total amount not to exceed $500,000; hire, main-
tenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service
in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of
dues, when authorized by the Secretary, for library member-
ship in societies or associations which issue publications to
members only or at a price to members lower than to sub-
scribers who are not members.
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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 leasing and related activities placed under re-
striction in the President’s moratorium statement of June
12, 1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon;
and the eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
SEC. 108. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore oil and natural gas preleasing, leasing, and re-
lated activities, on lands within the North Aleutian Basin
planning area.
SEC. 109. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct offshore
oil and natural gas preleasing, leasing and related activi-
ties in the eastern Gulf of Mexico planning area for any
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lands located outside Sale 181, as identified in the final
Outer Continental Shelf 5-Year Oil and Gas Leasing Pro-
gram, 1997–2002.
SEC. 110. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct oil and
natural gas preleasing, leasing and related activities in the
Mid-Atlantic and South Atlantic planning areas.
SEC. 111. Advance payments made under this title to
Indian tribes, tribal organizations, and tribal consortia
pursuant to the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) or the Tribally Con-
trolled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
be invested by the Indian tribe, tribal organization, or con-
sortium before such funds are expended for the purposes of
the grant, compact, or annual funding agreement so long
as such funds are—
(1) invested by the Indian tribe, tribal organiza-
tion, or consortium only in obligations of the United
States, or in obligations or securities that are guaran-
teed or insured by the United States, or mutual (or
other) funds registered with the Securities and Ex-
change Commission and which only invest in obliga-
tions of the United States or securities that are guar-
anteed or insured by the United States; or
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(2) deposited only into accounts that are insured
by an agency or instrumentality of the United States,
or are fully collateralized to ensure protection of the
funds, even in the event of a bank failure.
SEC. 112. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special
Trustee for American Indians and any available unobli-
gated balances from prior appropriations Acts made under
the same headings, shall be available for expenditure or
transfer for Indian trust management activities pursuant
to the Trust Management Improvement Project High Level
Implementation Plan.
SEC. 113. A grazing permit or lease that expires (or
is transferred) during fiscal year 2002 shall be renewed
under section 402 of the Federal Land Policy and Manage-
ment Act of 1976, as amended (43 U.S.C. 1752) or if appli-
cable, section 510 of the California Desert Protection Act
(16 U.S.C. 410aaa–50). The terms and conditions con-
tained in the expiring permit or lease shall continue in ef-
fect under the new permit or lease until such time as the
Secretary of the Interior completes processing of such per-
mit or lease in compliance with all applicable laws and
regulations, at which time such permit or lease may be can-
celed, suspended or modified, in whole or in part, to meet
the requirements of such applicable laws and regulations.
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Nothing in this section shall be deemed to alter the Sec-
retary’s statutory authority.
SEC. 114. Notwithstanding any other provision of law,
for the purpose of reducing the backlog of Indian probate
cases in the Department of the Interior, the hearing require-
ments of chapter 10 of title 25, United States Code, are
deemed satisfied by a proceeding conducted by an Indian
probate judge, appointed by the Secretary without regard
to the provisions of title 5, United States Code, governing
the appointments in the competitive service, for such period
of time as the Secretary determines necessary: Provided,
That the basic pay of an Indian probate judge so appointed
may be fixed by the Secretary without regard to the provi-
sions of chapter 51, and subchapter III of chapter 53 of
title 5, United States Code, governing the classification and
pay of General Schedule employees, except that no such In-
dian probate judge may be paid at a level which exceeds
the maximum rate payable for the highest grade of the Gen-
eral Schedule, including locality pay.
SEC. 115. Notwithstanding any other provision of law,
the Secretary of the Interior is authorized to redistribute
any Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution meth-
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odologies. No tribe shall receive a reduction in Tribal Pri-
ority Allocation funds of more than 10 percent in fiscal
year 2002. Under circumstances of dual enrollment, over-
lapping service areas or inaccurate distribution methodolo-
gies, the 10 percent limitation does not apply.
SEC. 116. Funds appropriated for the Bureau of In-
dian Affairs for postsecondary schools for fiscal year 2002
shall be allocated among the schools proportionate to the
unmet need of the schools as determined by the Postsec-
ondary Funding Formula adopted by the Office of Indian
Education Programs.
SEC. 117. (a) The Secretary of the Interior shall take
such action as may be necessary to ensure that the lands
comprising the Huron Cemetery in Kansas City, Kansas
(as described in section 123 of Public Law 106–291) are
used only in accordance with this section.
(b) The lands of the Huron Cemetery shall be used only
(1) for religious and cultural uses that are compatible with
the use of the lands as a cemetery, and (2) as a burial
ground.
SEC. 118. Notwithstanding any other provision of law,
in conveying the Twin Cities Research Center under the au-
thority provided by Public Law 104–134, as amended by
Public Law 104–208, the Secretary may accept and retain
land and other forms of reimbursement: Provided, That the
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Secretary may retain and use any such reimbursement
until expended and without further appropriation: (1) for
the benefit of the National Wildlife Refuge System within
the State of Minnesota; and (2) for all activities authorized
by Public Law 100–696; 16 U.S.C. 460zz.
SEC. 119. Section 412(b) of the National Parks Omni-
bus Management Act of 1998, as amended (16 U.S.C. 5961)
is amended by striking ‘‘2001’’ and inserting ‘‘2002’’.
SEC. 120. Notwithstanding other provisions of law, the
National Park Service may authorize, through cooperative
agreement, the Golden Gate National Parks Association to
provide fee-based education, interpretive and visitor service
functions within the Crissy Field and Fort Point areas of
the Presidio.
SEC. 121. Notwithstanding 31 U.S.C. 3302(b), sums
received by the Bureau of Land Management for the sale
of seeds or seedlings including those collected in fiscal year
2001, may be credited to the appropriation from which
funds were expended to acquire or grow the seeds or seed-
lings and are available without fiscal year limitation.
SEC. 122. TRIBAL SCHOOL CONSTRUCTION DEM-
ONSTRATION PROGRAM. (a) DEFINITIONS.—In this section:
(1) CONSTRUCTION.—The term ‘‘construction’’,
with respect to a tribally controlled school, includes
the construction or renovation of that school.
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(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has
the meaning given that term in section 4(e) of the In-
dian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e)).
(3) SECRETARY.—The term ‘‘secretary’’ means
the Secretary of the Interior.
(4) TRIBALLY CONTROLLED SCHOOL.—The term
‘‘tribally controlled school’’ has the meaning given
that term in section 5212 of the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2511).
(5) DEPARTMENT.—The term ‘‘Department’’
means the Department of the Interior.
(6) 
DEMONSTRATION
PROGRAM.—The 
term
‘‘demonstration program’’ means the Tribal School
Construction Demonstration Program.
(b) IN GENERAL.—The Secretary shall carry out a
demonstration program to provide grants to Indian tribes
for the construction of tribally controlled schools.
(1) IN GENERAL.—Subject to the availability of
appropriations, in carrying out the demonstration
program under subsection (b), the Secretary shall
award a grant to each Indian tribe that submits an
application that is approved by the Secretary under
paragraph (2). The Secretary shall ensure that an eli-
gible Indian tribe currently on the Department’s pri-
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ority list for constructing of replacement educational
facilities receives the highest priority for a grant
under this section.
(2) GRANT APPLICATIONS.—An application for a
grant under the section shall—
(A) include a proposal for the construction
of a tribally controlled school of the Indian tribe
that submits the application; and
(B) be in such form as the Secretary deter-
mines appropriate.
(3) GRANT AGREEMENT.—As a condition to re-
ceiving a grant under this section, the Indian tribe
shall enter into an agreement with the Secretary that
specifies—
(A) the costs of construction under the
grant;
(B) that the Indian tribe shall be required
to contribute towards the cost of the construction
a tribal share equal to 50 percent of the costs;
and
(C) any other term or condition that the
Secretary determines to be appropriate.
(4) ELIGIBILITY.—Grants awarded under the
demonstration program shall only be for construction
on replacement tribally controlled schools.
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(c) EFFECT OF GRANT.—A grant received under this
section shall be in addition to any other funds received by
an Indian tribe under any other provision of law. The re-
ceipt of a grant under this section shall not affect the eligi-
bility of an Indian tribe receiving funding, or the amount
of funding received by the Indian tribe, under the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) or
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.).
SEC. 123. WHITE RIVER OIL SHALE MINE, UTAH. (a)
SALE.—The Administrator of General Services (referred to
in this section as the ‘‘Administrator’’) shall sell all right,
title, and interest of the United States in and to the im-
provements and equipment described in subsection (b) that
are situated on the land described in subsection (c) (referred
to in this section as the ‘‘Mine’’).
(b) DESCRIPTION
OF IMPROVEMENTS
AND
EQUIP-
MENT.— The improvements and equipment referred to in
subsection (a) are the following improvements and equip-
ment associated with the Mine:
(1) Mine Service Building.
(2) Sewage Treatment Building.
(3) Electrical Switchgear Building.
(4) Water Treatment Building/Plant.
(5) Ventilation/Fan Building.
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(6) Water Storage Tanks.
(7) Mine Hoist Cage and Headframe.
(8) Miscellaneous Mine-related equipment.
(c) DESCRIPTION OF LAND.—The land referred to in
subsection (a) is the land located in Uintah County, Utah,
known as the ‘‘White River Oil Shale Mine’’ and described
as follows:
(1) T. 10 S., R 24 E., Salt Lake Meridian, sec-
tions 12 through 14, 19 through 30, 33, and 34.
(2) T. 10 S., R. 25 E., Salt Lake Meridian, sec-
tions 18 and 19.
(d) USE OF PROCEEDS.—The proceeds of the sale
under subsection (a)—
(1) shall be deposited in a special account in the
Treasury of the United States; and
(2) shall be available until expended, without
further Act of appropriation—
(A) first, to reimburse the Administrator for
the direct costs of the sale; and
(B) second, to reimburse the Bureau of
Land Management Utah State Office for the
costs of closing and rehabilitating the Mine.
(e) MINE CLOSURE AND REHABILITATION.—The clos-
ing and rehabilitation of the Mine (including closing of the
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mine shafts, site grading, and surface revegetation) shall
be conducted in accordance with—
(1) the regulatory requirements of the State of
Utah, the Mine Safety and Health Administration,
and the Occupational Safety and Health Administra-
tion; and
(2) other applicable law.
SEC. 124. The Secretary of the Interior may use or
contract for the use of helicopters or motor vehicles on the
Sheldon and Hart National Wildlife Refuges for the purpose
of capturing and transporting horses and burros. The provi-
sions of subsection (a) of the Act of September 8, 1959 (73
Stat. 470; 18 U.S.C. 47(a)) shall not be applicable to such
use. Such use shall be in accordance with humane proce-
dures prescribed by the Secretary.
SEC. 125. Upon application of the Governor of a State,
the Secretary of the Interior shall (1) transfer not to exceed
25 percent of that State’s formula allocation under the
heading ‘‘National Park Service, Land Acquisition and
State Assistance’’ to increase the State’s allocation under
the heading ‘‘United States Fish and Wildlife Service, State
Wildlife Grants’’ or (2) transfer not to exceed 25 percent
of the State’s formula allocation under the heading ‘‘United
States Fish and Wildlife Service, State Wildlife Grants’’ to
increase the State’s formula allocation under the heading
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‘‘National Park Service, Land Acquisition and State Assist-
ance’’.
SEC. 126. Section 819 of Public Law 106–568 is here-
by repealed.
SEC. 127. Moore’s Landing at the Cape Romain Na-
tional Wildlife Refuge in South Carolina is hereby named
for George Garris and shall hereafter be referred to in any
law, document, or records of the United States as ‘‘Garris
Landing’’.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland re-
search as authorized by law, $242,822,000, to remain avail-
able until expended.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and pro-
viding technical and financial assistance to States, terri-
tories, possessions, and others, and for forest health manage-
ment, cooperative forestry, and education and land con-
servation activities and conducting an international pro-
gram as authorized, $287,331,000, to remain available
until 
expended, 
as 
authorized 
by 
law, 
of 
which
$101,000,000 is for Forest Legacy and Urban and Commu-
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nity Forestry, defined in section 250(c)(4)(E)(ix) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act: Provided,
That none of the funds provided under this heading for the
acquisition of lands or interests in lands shall be available
until the House Committee on Appropriations and the Sen-
ate Committee on Appropriations provide to the Secretary,
in writing, a list of specific acquisitions to be undertaken
with such funds: Provided further, That notwithstanding
any other provision of law, of the funds provided under this
heading, $5,000,000 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,
$1,324,491,000, to remain available until expended, which
shall include 50 percent of all moneys received during prior
fiscal years as fees collected under the Land and Water Con-
servation Fund Act of 1965, as amended, in accordance
with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,
That unobligated balances available at the start of fiscal
year 2002 shall be displayed by extended budget line item
in the fiscal year 2003 budget justification: Provided fur-
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ther, That of the amount available for vegetation and water-
shed management, the Secretary may authorize the expendi-
ture or transfer of such sums as necessary to the Depart-
ment of the Interior, Bureau of Land Management for re-
moval, preparation, and adoption of excess wild horses and
burros from National Forest System lands: Provided fur-
ther, That of the funds provided under this heading for For-
est Products, $5,000,000 shall be allocated to the Alaska Re-
gion, in addition to its normal allocation for the purposes
of preparing additional timber for sale, to establish a 3-
year timber supply and such funds may be transferred to
other appropriations accounts as necessary to maximize ac-
complishment: Provided further, That of the funds provided
for Wildlife and Fish Habitat Management, $600,000 shall
be provided to the State of Alaska for wildlife monitoring
activities.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, and for emergency reha-
bilitation of burned-over National Forest System lands and
water, $1,115,594,000, to remain available until expended:
Provided, That such funds including unobligated balances
under this head, are available for repayment of advances
from other appropriations accounts previously transferred
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for such purposes: Provided further, That not less than 50
percent of any unobligated balances remaining (exclusive
of amounts for hazardous fuels reduction) at the end of fis-
cal year 2001 shall be transferred, as repayment for past
advances that have not been repaid, to the fund established
pursuant to section 3 of Public Law 71–319 (16 U.S.C. 576
et seq.): Provided further, That notwithstanding any other
provision of law, $4,000,000 of funds appropriated under
this appropriation shall be used for Fire Science Research
in support of the Joint Fire Science Program: Provided fur-
ther, That all authorities for the use of funds, including the
use of contracts, grants, and cooperative agreements, avail-
able to execute the Forest and Rangeland Research appro-
priation, are also available in the utilization of these funds
for Fire Science Research: Provided further, That funds
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 amounts under this heading may
be transferred as specified in the report accompanying this
Act to the ‘‘State and Private Forestry’’, ‘‘National Forest
System’’, ‘‘Forest and Rangeland Research’’, and ‘‘Capital
Improvement and Maintenance’’ accounts to fund state fire
assistance, volunteer fire assistance, and forest health man-
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agement, vegetation and watershed management, heritage
site rehabilitation, wildlife and fish habitat management,
trails and facilities maintenance and restoration: Provided
further, That transfers of any amounts in excess of those
specified shall require approval of the House and Senate
Committees on Appropriations in compliance with re-
programming procedures contained in House Report No.
105–163: Provided further, That the costs of implementing
any cooperative agreement between the Federal government
and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further, That
in entering into such grants or cooperative agreements, the
Secretary may consider the enhancement of local and small
business employment opportunities for rural communities,
and that in entering into procurement contracts under this
section on a best value basis, the Secretary may take into
account the ability of an entity to enhance local and small
business employment opportunities in rural communities,
and that the Secretary may award procurement contracts,
grants, or cooperative agreements under this section to enti-
ties that include local non-profit entities, Youth Conserva-
tion Corps or related partnerships with State, local or non-
profit youth groups, or small or disadvantaged businesses:
Provided further, That:
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(1) In expending the funds provided with respect
to this Act for hazardous fuels reduction, the Sec-
retary of the Interior and the Secretary of Agriculture
may conduct fuel reduction treatments on Federal
lands using all contracting and hiring authorities
available to the Secretaries applicable to hazardous
fuel reduction activities under the wildland fire man-
agement accounts. Notwithstanding Federal govern-
ment procurement and contracting laws, the Secre-
taries may conduct fuel reduction treatments on Fed-
eral lands using grants and cooperative agreements.
Notwithstanding Federal government procurement
and contracting laws, in order to provide employment
and training opportunities to people in rural commu-
nities, the Secretaries may award contracts, including
contracts for monitoring activities, to—
(A) local private, nonprofit, or cooperative
entities;
(B) Youth Conservation Corps crews or re-
lated partnerships, with State, local and non-
profit youth groups;
(C) small or micro-businesses; or
(D) other entities that will hire or train a
significant percentage of local people to complete
such contracts. The authorities described above
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relating to contracts, grants, and cooperative
agreements are available until all funds provided
in this title for hazardous fuels reduction activi-
ties in the urban wildland interface are obli-
gated.
(2)(A) The Secretary of Agriculture may transfer
or reimburse funds to the United States Fish and
Wildlife Service of the Department of the Interior, or
the National Marine Fisheries Service of the Depart-
ment of Commerce, for the costs of carrying out their
responsibilities under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) to consult and con-
ference as required by section 7 of such Act in connec-
tion with wildland fire management activities in fis-
cal years 2001 and 2002.
(B) Only those funds appropriated for fiscal
years 2001 and 2002 to Forest Service (USDA) for
wildland fire management are available to the Sec-
retary of Agriculture for such transfer or reimburse-
ment.
(C) The amount of the transfer or reimbursement
shall be as mutually agreed by the Secretary of Agri-
culture and the Secretary of the Interior or Secretary
of Commerce, as applicable, or their designees. The
amount shall in no case exceed the actual costs of con-
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sultation and conferencing in connection with
wildland fire management activities affecting Na-
tional Forest System lands.
For an additional amount to cover necessary expenses
for emergency rehabilitation, wildfire suppression and other
fire operations of the Forest Service, $165,000,000, to re-
main available until expended, of which $100,000,000 is
for emergency rehabilitation and wildfire suppression, and
$65,000,000 is for other fire operations: Provided, That the
entire amount appropriated in this paragraph is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That these funds shall be available only to
the extent an official budget request for a specific dollar
amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
For an additional amount, to liquidate obligations
previously incurred, $274,147,000.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not other-
wise provided for, $541,286,000, to remain available until
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expended for construction, reconstruction, maintenance and
acquisition of buildings and other facilities, and for con-
struction, reconstruction, repair and maintenance of forest
roads and trails by the Forest Service as authorized by 16
U.S.C. 532–538 and 23 U.S.C. 101 and 205, of which
$61,000,000 is for conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended, for the purposes of
such Act: Provided, That fiscal year 2001 balances in the
Federal Infrastructure Improvement account for the Forest
Service shall be transferred to and merged with this appro-
priation and shall remain available until expended: Pro-
vided further, That up to $15,000,000 of the funds provided
herein for road maintenance shall be available for the de-
commissioning of roads, including unauthorized roads not
part of the transportation system, which are no longer need-
ed: Provided further, That no funds shall be expended to
decommission any system road until notice and an oppor-
tunity for public comment has been provided on each de-
commissioning project: Provided further, That the Forest
Service shall transfer $300,000, appropriated in Public
Law 106–291 within the Capital Improvement and Mainte-
nance appropriation, to the State and Private Forestry ap-
propriation, and shall provide these funds in an advance
direct lump sum payment to Purdue University for plan-
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ning and construction of a hardwood tree improvement and
generation facility.
LAND ACQUISITION
For expenses necessary to carry out the provisions of
the Land and Water Conservation Fund Act of 1965, as
amended (16 U.S.C. 460l–4 through 11), including admin-
istrative expenses, and for acquisition of land or waters,
or interest therein, in accordance with statutory authority
applicable to the Forest Service, $128,877,000 to be derived
from the Land and Water Conservation Fund, to remain
available until expended, and to be for the conservation ac-
tivities defined in section 250(c)(4)(E)(iv) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of such Act.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior boundaries
of the Cache, Uinta, and Wasatch National Forests, Utah;
the Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests, Cali-
fornia, as authorized by law, $1,069,000, to be derived from
forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal govern-
ments, public school districts, or other public school authori-
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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.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$92,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR
SUBSISTENCE USES
For necessary expenses of the Forest Service to manage
federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96–487), $5,488,000, to remain available until
expended.
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ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (1) purchase of not to ex-
ceed 132 passenger motor vehicles of which eight will be used
primarily for law enforcement purposes and of which 130
shall be for replacement; acquisition of 25 passenger motor
vehicles from excess sources, and hire of such vehicles; oper-
ation and maintenance of aircraft, the purchase of not to
exceed seven for replacement only, and acquisition of suffi-
cient aircraft from excess sources to maintain the operable
fleet at 195 aircraft for use in Forest Service wildland fire
programs and other Forest Service programs; notwith-
standing other provisions of law, existing aircraft being re-
placed may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement air-
craft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of
land, waters, and interests therein, including the Oscoda-
Wurtsmith land exchange in Michigan, pursuant to 7
U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d,
and 558a note); (6) the cost of uniforms as authorized by
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5 U.S.C. 5901–5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall
be obligated or expended to abolish any region, to move or
close any regional office for National Forest System admin-
istration of the Forest Service, Department of Agriculture
without the consent of the House and Senate Committees
on Appropriations.
Any appropriations or funds available to the Forest
Service may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency reha-
bilitation of burned-over or damaged lands or waters under
its jurisdiction, and fire preparedness due to severe burning
conditions if and only if all previously appropriated emer-
gency contingent funds under the heading ‘‘Wildland Fire
Management’’ have been released by the President and ap-
portioned.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Service
in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
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and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act.
Of the funds available to the Forest Service, $2,500 is
available to the Chief of the Forest Service for official recep-
tion and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law
101–593, of the funds available to the Forest Service, up
to $2,250,000 may be advanced in a lump sum as Federal
financial assistance to the National Forest Foundation,
without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting Na-
tional Forest System lands or related to Forest Service pro-
grams: Provided, That of the Federal funds made available
to the Foundation, no more than $400,000 shall be available
for administrative expenses: Provided further, That the
Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at
least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may trans-
fer Federal funds to a non-Federal recipient for a project
at the same rate that the recipient has obtained the non-
Federal matching funds: Provided further, That hereafter,
the National Forest Foundation may hold Federal funds
made available but not immediately disbursed and may use
any interest or other investment income earned (before, on,
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or after the date of the enactment of this Act) on Federal
funds to carry out the purposes of Public Law 101–593:
Provided further, That such investments may be made only
in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by
the United States.
Pursuant to section 2(b)(2) of Public Law 98–244, up
to $2,650,000 of the funds available to the Forest Service
shall be available for matching funds to the National Fish
and Wildlife Foundation, as authorized by 16 U.S.C. 3701–
3709, and may be advanced in a lump sum as Federal fi-
nancial assistance, without regard to when expenses are in-
curred, for projects on or benefitting National Forest Sys-
tem lands or related to Forest Service programs: Provided,
That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to
match on at least one-for-one basis funds advanced by the
Forest Service: Provided further, That the Foundation may
transfer Federal funds to a non-Federal recipient for a
project at the same rate that the recipient has obtained the
non-Federal matching funds.
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural develop-
ment purposes.
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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
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
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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
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
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the sums previously transferred and the requested funding
transfers.
The Forest Service shall fund indirect expenses, that
is expenses not directly related to specific programs or to
the accomplishment of specific work on-the-ground, from
any funds available to the Forest Service: Provided, That
the Forest Service shall implement and adhere to the defini-
tions of indirect expenditures established pursuant to Public
Law 105–277 on a nationwide basis without flexibility for
modification by any organizational level except the Wash-
ington Office, and when changed by the Washington Office,
such changes in definition shall be reported in budget re-
quests submitted by the Forest Service: Provided further,
That the Forest Service shall provide in all future budget
justifications, planned indirect expenditures in accordance
with the definitions, summarized and displayed to the Re-
gional, Station, Area, and detached unit office level. The
justification shall display the estimated source and amount
of indirect expenditures, by expanded budget line item, of
funds in the agency’s annual budget justification. The dis-
play shall include appropriated funds and the Knutson-
Vandenberg, Brush Disposal, Cooperative Work-Other, and
Salvage Sale funds. Changes between estimated and actual
indirect expenditures shall be reported in subsequent budget
justifications: Provided, That during fiscal year 2002 the
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Secretary shall limit total annual indirect obligations from
the Brush Disposal, Knutson-Vandenberg, Reforestation,
Salvage Sale, and Roads and Trails funds to 20 percent
of the total obligations from each fund. Obligations in excess
of 20 percent which would otherwise be charged to the above
funds may be charged to appropriated funds available to
the Forest Service subject to notification of the Committees
on Appropriations of the House and Senate.
Any appropriations or funds available to the Forest
Service may be used for necessary expenses in the event of
law enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That
such amounts shall not exceed $750,000.
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.
DEPARTMENT OF ENERGY
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
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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),
$604,090,000, to remain available until expended, of which
$11,000,000 is to begin construction, renovation, acquisi-
tion of furnishings, and demolition or removal of buildings
at National Energy Technology Laboratory facilities in
Morgantown, West Virginia and Pittsburgh, Pennsylvania,
and of which $33,700,000 shall be derived by transfer from
funds appropriated in prior years under the heading
‘‘Clean Coal Technology’’, and of which $150,000,000 is to
be made available, after coordination with the private sec-
tor, for a request for proposals for a Clean Coal Power Ini-
tiative providing for competitively-awarded demonstrations
of commercial scale technologies to reduce the barriers to
continued and expanded coal use: Provided, That the re-
quest for proposals shall be issued no later than one hundred
and twenty days following enactment of this Act, proposals
shall be submitted no later than ninety days after the
issuance of the request for proposals, and the Department
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of Energy shall make project selections no later than one
hundred and sixty days after the receipt of proposals: Pro-
vided 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 appro-
priations: Provided further, That the Department may in-
clude 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 Department including repayments from
sale and licensing of technologies from both domestic and
foreign transactions: Provided further, That such repay-
ments shall be retained by the Department for future coal-
related research, development and demonstration projects:
Provided further, That any technology selected under this
program shall be considered a Clean Coal Technology, and
any project selected under this program shall be considered
a Clean Coal Technology 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 Tech-
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nology Laboratory may be used to support Department of
Energy activities not included in this account.
ALTERNATIVE FUELS PRODUCTION
(RESCISSION)
Of the unobligated balances under this heading,
$2,000,000 are rescinded.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out naval petroleum
and oil shale reserve activities, $17,371,000, 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, 2002
for payment to the State of California for the State Teach-
ers’ Retirement Fund from the Elk Hills School Lands
Fund.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $870,805,000, to remain available until
expended: Provided, That $251,000,000 shall be for use in
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energy conservation grant programs as defined in section
3008(3) of Public Law 99–509 (15 U.S.C. 4507): Provided
further, That notwithstanding section 3003(d)(2) of Public
Law 99–509, such sums shall be allocated to the eligible
programs as follows: $213,000,000 for weatherization assist-
ance grants and $38,000,000 for State energy conservation
grants.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Office of Hearings and Appeals, $1,996,000, to re-
main available until expended.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program manage-
ment activities pursuant to the Energy Policy and Con-
servation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
$169,009,000, to remain available until expended, of which
$8,000,000 shall be available for maintenance of a North-
east Home Heating Oil Reserve.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $75,499,000, 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;
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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
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
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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 three 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 re-
port 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.
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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, $2,388,614,000, 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
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 $15,000,000 shall
remain available until expended, for the Indian Cata-
strophic Health Emergency Fund: Provided further, That
$430,776,000 for contract medical care shall remain avail-
able for obligation until September 30, 2003: Provided fur-
ther, That of the funds provided, up to $22,000,000 shall
be used to carry out the loan repayment program under
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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,
and in any earlier appropriations Acts for scholarship pro-
grams under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available for obligation until
September 30, 2003: Provided further, That amounts 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 $288,234,000 shall be for
payments to tribes and tribal organizations for contract or
grant support costs associated with contracts, grants, self-
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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 2002, of
which up to $40,000,000 may be used for such costs associ-
ated with the Navajo Nation’s new and expanded contracts,
grants, self-governance compacts or annual funding agree-
ments: Provided further, That funds available for the In-
dian Health Care Improvement Fund may be used, as need-
ed, to carry out activities typically funded under the Indian
Health Facilities account.
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
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, $362,854,000, to remain
available until expended: Provided, That notwithstanding
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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 at Bethel,
Alaska, pursuant to the negotiated project agreement be-
tween the YKHC and the Indian Health Service: Provided
further, That this project shall not be subject to the construc-
tion provisions of the Indian Self-Determination and Edu-
cation Assistance Act and shall be removed from the Indian
Health Service priority list upon completion: Provided fur-
ther, That the Federal Government shall 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 $5,000,000 shall remain
available until expended for the purpose of funding joint
venture health care facility projects authorized under the
Indian Health Care Improvement Act, as amended: Pro-
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vided further, That priority, by rank order, shall be given
to tribes with outpatient projects on the existing Indian
Health Services priority list that have Service-approved
planning documents, and can demonstrate by March 1,
2002, the financial capability necessary to provide an ap-
propriate facility: Provided further, That joint venture
funds unallocated after March 1, 2002, shall be made avail-
able for joint venture projects on a competitive basis giving
priority to tribes that currently have no existing Federally-
owned health care facility, have planning documents meet-
ing Indian Health Service requirements prepared for ap-
proval by the Service and can demonstrate the financial
capability needed to provide an appropriate facility: Pro-
vided further, That the Indian Health Service shall request
additional staffing, operation and maintenance funds for
these facilities in future budget requests: Provided further,
That not to exceed $500,000 shall be used by the Indian
Health Service to purchase TRANSAM equipment from the
Department of Defense for distribution to the Indian Health
Service and tribal facilities: Provided further, That not to
exceed $500,000 shall be used by the Indian Health Service
to obtain ambulances for the Indian Health 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
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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
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.
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
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for uniforms or allowances therefore as authorized by 5
U.S.C. 5901–5902; and for expenses of attendance at meet-
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-
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ganization through a contract, grant, or agreement author-
ized by title I or title III of the Indian Self-Determination
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, in-
cluding payment in advance with subsequent adjustment,
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and the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian
Self-Determination Act, may be credited to the same or sub-
sequent appropriation account which provided the funding,
said amounts to remain available until expended. Reim-
bursements for training, technical assistance, or services
provided by the Indian Health Service will contain total
costs, including direct, administrative, and overhead associ-
ated with the provision of goods, services, or technical as-
sistance. The appropriation structure for the Indian Health
Service may not be altered without advance approval of the
House and Senate Committees on Appropriations.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, $15,148,000, to remain available until expended: 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
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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), $4,490,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution,
as authorized by law, including research in the fields of art,
science, and history; development, preservation, and docu-
mentation of the National Collections; presentation of pub-
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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, $401,192,000, of which not to ex-
ceed $43,713,000 for the instrumentation program, collec-
tions acquisition, exhibition reinstallation, the National
Museum of the American Indian, the repatriation of skeletal
remains program, research equipment, information man-
agement, and Latino programming shall remain available
until expended, and including such funds as may be nec-
essary to support American overseas research centers and
a total of $125,000 for the Council of American Overseas
Research Centers: Provided, That funds appropriated here-
in are available for advance payments to independent con-
tractors performing research services or participating in of-
ficial Smithsonian presentations: Provided further, That
the Smithsonian Institution may expend Federal appro-
priations designated in this Act for lease or rent payments
for long term and swing space, as rent payable to the
Smithsonian Institution, and such rent payments may be
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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 Colum-
bia: Provided further, That this use of Federal appropria-
tions shall not be construed as debt service, a Federal guar-
antee of, a transfer of risk to, or an obligation of, the Fed-
eral Government: Provided further, That no appropriated
funds may be used to service debt which is incurred to fi-
nance the costs of acquiring the 900 H Street building or
of planning, designing, and constructing improvements to
such building.
REPAIR, RESTORATION AND ALTERATION OF FACILITIES
For necessary expenses of maintenance, repair, res-
toration, and alteration of facilities owned or occupied by
the Smithsonian Institution, by contract or otherwise, as
authorized by section 2 of the Act of August 22, 1949 (63
Stat. 623), including not to exceed $10,000 for services as
authorized by 5 U.S.C. 3109, $67,900,000, to remain avail-
able until expended, of which $10,000,000 is provided for
maintenance, repair, rehabilitation and alteration of facili-
ties at the National Zoological Park: Provided, That con-
tracts awarded for environmental systems, protection sys-
tems, and repair or restoration of facilities of the Smithso-
nian Institution may be negotiated with selected contractors
and awarded on the basis of contractor qualifications as
well as price.
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CONSTRUCTION
For necessary expenses for construction, $25,000,000,
to remain available until expended.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
None of the funds in this or any other Act may be
used to initiate the design for any proposed expansion of
current space or new facility without consultation with the
House and Senate Appropriations Committees.
None of the funds in this or any other Act may be
used for the Holt House located at the National Zoological
Park in Washington, D.C., unless identified as repairs to
minimize water damage, monitor structure movement, or
provide interim structural support.
None of the funds in this or any other Act may be
used to make any changes to the existing Smithsonian
science programs, including closure of facilities, relocation
of staff or redirection of functions and programs, without
approval by the Board of Regents of recommendations re-
ceived from the Science Commission.
None of the funds 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.
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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
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, $68,967,000, of which not to ex-
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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, $14,220,000, 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, $15,000,000.
CONSTRUCTION
For necessary expenses for capital repair and restora-
tion of the existing features of the building and site of the
John F. Kennedy Center for the Performing Arts,
$19,000,000, to remain available until expended.
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WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
1356) including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $7,796,000.
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $98,234,000 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,
for program support, and for administering the functions
of the Act, to remain available until expended.
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, $109,882,000, shall be available to the National
Endowment for the Humanities for support of activities in
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the humanities, pursuant to section 7(c) of the Act, and for
administering the functions of the Act, to remain available
until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $15,622,000, to remain available until
expended, of which $11,622,000 shall be available to the 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
and preceding fiscal years for which equal amounts have
not previously been appropriated.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out subtitle C of the Museum and Li-
brary Services Act of 1996, as amended, $26,899,000, to
remain available until expended.
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CHALLENGE AMERICA ARTS FUND
CHALLENGE AMERICA GRANTS
For necessary expenses as authorized by Public Law
89–209, as amended, $17,000,000 for support for arts edu-
cation and public outreach activities to be administered by
the National Endowment for the Arts, to remain available
until expended.
ADMINISTRATIVE PROVISIONS
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), $1,174,000:
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.
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NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law
99–190 (20 U.S.C. 956(a)), as amended, $7,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on His-
toric Preservation (Public Law 89–665, as amended),
$3,310,000: 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),
$36,028,000, of which $1,900,000 for the museum’s repair
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and rehabilitation program and $1,264,000 for the muse-
um’s exhibitions program shall remain available until ex-
pended.
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,
$23,125,000 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 under this
Act shall be available to the Secretary of the Interior or
the Secretary of Agriculture for the leasing of oil and nat-
ural gas by noncompetitive bidding on publicly owned
lands within the boundaries of the Shawnee National For-
est, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access
to minerals owned by private individuals.
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SEC. 303. 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. 304. 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. 305. 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-
ants to any officer or employee of such department or agen-
cy except as otherwise provided by law.
SEC. 306. 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. 307. 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 2001.
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SEC. 308. 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. 309. None of the funds made available in this
Act may be used: (1) to demolish the bridge between Jersey
City, New Jersey, and Ellis Island; or (2) to prevent pedes-
trian use of such bridge, when such pedestrian use is con-
sistent with generally accepted safety standards.
SEC. 310. (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
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
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(30 U.S.C. 42) for mill site claims, as the case may be,
were fully complied with by the applicant by that date.
(c) REPORT.—On September 30, 2002, the Secretary
of the Interior shall file with the House and Senate Com-
mittees on Appropriations and the Committee on 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
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. 311. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee re-
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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, and 106–291 for
payments to tribes and tribal organizations for contract
support costs associated with self-determination or self-gov-
ernance contracts, grants, compacts, or annual funding
agreements with the Bureau of Indian Affairs or the Indian
Health Service as funded by such Acts, are the total
amounts available for fiscal years 1994 through 2001 for
such purposes, except that, for the Bureau of Indian Affairs,
tribes and tribal organizations may use their tribal priority
allocations for unmet indirect costs of ongoing contracts,
grants, self-governance compacts or annual funding agree-
ments.
SEC. 312. Notwithstanding any other provision of law,
for fiscal year 2002 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ‘‘Jobs in the
Woods’’ Program established in Region 10 of the Forest
Service to individuals and entities in historically timber-
dependent areas in the States of Washington, Oregon, north-
ern California and Alaska that have been affected by re-
duced timber harvesting on Federal lands. The Secretaries
shall consider the benefits to the local economy in evaluating
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bids and designing procurements which create economic op-
portunities for local contractors.
SEC. 313. None of the funds collected under the Rec-
reational Fee Demonstration program may be used to plan,
design, or construct a visitor center or any other permanent
structure without prior approval of the House and the Sen-
ate Committees on Appropriations if the estimated total
cost of the facility exceeds $500,000.
SEC. 314. None of the funds made available in this
or any other Act for any fiscal year may be used to des-
ignate, or to post any sign designating, any portion of Ca-
naveral National Seashore in Brevard County, Florida, as
a clothing-optional area or as an area in which public nu-
dity is permitted, if such designation would be contrary to
county ordinance.
SEC. 315. Of the funds provided to the National En-
dowment for the Arts—
(1) The Chairperson shall only award a grant to
an individual if such grant is awarded to such 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
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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
contents of the season, including identified programs
and/or projects.
SEC. 316. The National Endowment for the Arts and
the National Endowment for the Humanities are 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. 317. (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
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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:
(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-
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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—
(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. 318. 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.
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SEC. 319. 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.
SEC. 320. None of the funds in this Act may be used
for planning, design or construction of improvements to
Pennsylvania Avenue in front of the White House without
the advance approval of the House and Senate Committees
on Appropriations.
SEC. 321. Amounts deposited during fiscal year 2001
in the roads and trails fund provided for in the fourteenth
paragraph under the heading ‘‘FOREST SERVICE’’ of the
Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall
be used by the Secretary of Agriculture, without regard to
the State in which the amounts were derived, to repair or
reconstruct roads, bridges, and trails on National Forest
System lands or to carry out and administer projects to
improve forest health conditions, which may include the re-
pair or reconstruction of roads, bridges, and trails on Na-
tional 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 func-
tions, long-term forest productivity, and biological integ-
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rity. The projects may be completed in a subsequent fiscal
year. Funds shall not be expended under this section to re-
place funds which would otherwise appropriately be ex-
pended from the timber salvage sale fund. Nothing in this
section shall be construed to exempt any project from any
environmental law.
SEC. 322. Other than in emergency situations, none
of the funds in this Act may be used to operate telephone
answering machines during core business hours unless such
answering machines include an option that enables callers
to reach promptly an individual on-duty with the agency
being contacted.
SEC. 323. No timber sale in Region 10 shall be adver-
tised if the indicated rate is deficit when appraised under
the transaction evidence appraisal system using domestic
Alaska values for western red cedar: Provided, That sales
which are deficit when appraised under the transaction evi-
dence appraisal system using domestic Alaska values for
western red cedar may be advertised upon receipt of a writ-
ten request by a prospective, informed bidder, who has the
opportunity to review the Forest Service’s cruise and har-
vest cost estimate for that timber. Program accomplish-
ments shall be based on volume sold. Should Region 10 sell,
in fiscal year 2002, the annual average portion of the
decadal allowable sale quantity called for in the current
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Tongass Land Management Plan in sales which are not def-
icit when appraised under the transaction evidence ap-
praisal system using domestic Alaska values for western red
cedar, all of the western red cedar timber from those sales
which is surplus to the needs of domestic processors in Alas-
ka, shall be made available to domestic processors in the
contiguous 48 United States at prevailing domestic prices.
Should Region 10 sell, in fiscal year 2002, less than the
annual average portion of the decadal allowable sale quan-
tity called for in the current Tongass Land Management
Plan in sales which are not deficit when appraised under
the transaction evidence appraisal system using domestic
Alaska values for western red cedar, the volume of western
red cedar timber available to domestic processors at pre-
vailing domestic prices in the contiguous 48 United States
shall be that volume: (i) which is surplus to the needs of
domestic processors in Alaska; and (ii) is that percent of
the surplus western red cedar volume determined by calcu-
lating the ratio of the total timber volume which has been
sold on the Tongass to the annual average portion of the
decadal allowable sale quantity called for in the current
Tongass Land Management Plan. The percentage shall be
calculated by Region 10 on a rolling basis as each sale is
sold (for purposes of this amendment, a ‘‘rolling basis’’ shall
mean that the determination of how much western red cedar
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is eligible for sale to various markets shall be made at the
time each sale is awarded). Western red cedar shall be
deemed ‘‘surplus to the needs of domestic processors in Alas-
ka’’ when the timber sale holder has presented to the Forest
Service documentation of the inability to sell western red
cedar logs from a given sale to domestic Alaska processors
at price equal to or greater than the log selling value stated
in the contract. All additional western red cedar volume
not sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the 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. 324. None of the funds appropriated by this Act
shall be used to propose or issue rules, regulations, decrees,
or orders for the purpose of implementation, or in prepara-
tion for implementation, of the Kyoto Protocol which was
adopted on December 11, 1997, in Kyoto, Japan at the
Third Conference of the Parties to the United Nations
Framework Convention on Climate Change, which has not
been submitted to the Senate for advice and consent to rati-
fication pursuant to article II, section 2, clause 2, of the
United States Constitution, and which has not entered into
force pursuant to article 25 of the Protocol.
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SEC. 325. The Forest Service, in consultation with the
Department of Labor, shall review Forest Service camp-
ground concessions policy to determine if modifications can
be made to Forest Service contracts for campgrounds so that
such concessions fall within the regulatory exemption of 29
CFR 4.122(b). The Forest Service shall offer in fiscal year
2002 such concession prospectuses under the regulatory ex-
emption, except that, any prospectus that does not meet the
requirements of the regulatory exemption shall be offered as
a service contract in accordance with the requirements of
41 U.S.C. 351–358.
SEC. 326. A project undertaken by the Forest Service
under the Recreation Fee Demonstration Program as au-
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.
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(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-
quent operator can be found through the offering of a new
prospectus.
SEC. 327. The authority to enter into stewardship and
end result contracts provided to the Forest Service in ac-
cordance with section 347 of title III of section 101(e) of
division A of Public Law 105–277 is hereby expanded to
authorize the Forest Service to enter into an additional 28
contracts subject to the same terms and conditions as pro-
vided in that section: Provided, That of the additional con-
tracts authorized by this section at least 9 shall be allocated
to Region 1 and at least 3 to Region 6.
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SEC. 328. Any regulations or policies promulgated or
adopted by the Departments of Agriculture or the Interior
regarding recovery of costs for processing authorizations to
occupy and use Federal lands under their control shall ad-
here to and incorporate the following principle arising from
Office of Management and Budget Circular, A–25; no
charge should be made for a service when the identification
of the specific beneficiary is obscure, and the service can
be considered primarily as benefiting broadly the general
public.
SEC. 329. Notwithstanding any other provision of law,
for fiscal year 2002, the Secretary of Agriculture is author-
ized to limit competition for fire and fuel treatment and
watershed restoration contracts in the Giant Sequoia Na-
tional Monument and the Sequoia National Forest. Pref-
erence for employment shall be given to dislocated and dis-
placed workers in Tulare, Kern and Fresno Counties, Cali-
fornia, for work associated with the establishment of the
Giant Sequoia National Monument.
SEC. 330. The Secretary of Agriculture, acting through
the Chief of the Forest Service shall:
(1) extend the special use permit for the Sioux
Charlie Cabin in the Absaroka Beartooth Wilderness
Area, Montana, held by Montana State University—
Billings for a period of 50 years; and
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(2) solicit public comments at the end of the 50
year period to determine whether another extension
should be granted.
SEC. 331. Section 323 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 1999, as in-
cluded in Public Law 105–277, Division A, section 101(e),
is amended by striking ‘‘and 2001,’’ and inserting ‘‘, 2001
and 2002,’’.
SEC. 332. Section 551(c) of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll–61(c)) is
amended by striking ‘‘2002’’ and inserting ‘‘2004’’.
SEC. 333. LOCAL EXEMPTIONS FROM FOREST SERV-
ICE DEMONSTRATION PROGRAM FEES. Section 6906 of Title
31, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Necessary’’; and
(2) by adding at the end the following:
‘‘(b) LOCAL
EXEMPTIONS
FROM
DEMONSTRATION
PROGRAM FEES.—
‘‘(1) IN GENERAL.—Each unit of general local
government that lies in whole or in part within the
White Mountain National Forest and persons residing
within the boundaries of that unit of general local
government shall be exempt during that fiscal year
from any requirement to pay a Demonstration Pro-
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gram Fee (parking permit or passport) imposed by
the Secretary of Agriculture for access to the Forest.
‘‘(2) ADMINISTRATION.—The Secretary of Agri-
culture shall establish a method of identifying persons
who are exempt from paying user fees under para-
graph (1). This method may include valid form of
identification including a drivers license.’’.
This Act may be cited as the ‘‘Department of the Inte-
rior and Related Agencies Appropriations Act, 2002’’.