119
HR 5093 RH
SEC. 304. None of the funds provided in this Act to
any department or agency shall be obligated or expended
to provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department
or agency except as otherwise provided by law.
SEC. 305. No assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless advance notice of such assessments and
the basis therefor are presented to the Committees on Ap-
propriations and are approved by such committees.
SEC. 306. None of the funds in this Act may be used
to plan, prepare, or offer for sale timber from trees classi-
fied as giant sequoia (Sequoiadendron giganteum) which
are located on National Forest System or Bureau of Land
Management lands in a manner different than such sales
were conducted in fiscal year 2002.
SEC. 307. (a) LIMITATION OF FUNDS.—None of the
funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended to accept or
process applications for a patent for any mining or mill
site claim located under the general mining laws.
(b) EXCEPTIONS.—The provisions of subsection (a)
shall not apply if the Secretary of the Interior determines
that, for the claim concerned: (1) a patent application was
filed with the Secretary on or before September 30, 1994;
120
HR 5093 RH
and (2) all requirements established under sections 2325
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331,
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and
37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that
date.
(c) REPORT.—On September 30, 2003, the Secretary
of the Interior shall file with the House and Senate Com-
mittees on Appropriations and the Committee on Re-
sources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate
a report on actions taken by the Department under the
plan submitted pursuant to section 314(c) of the Depart-
ment 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 Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent appli-
cation as set forth in subsection (b). The Bureau of Land
121
HR 5093 RH
Management shall have the sole responsibility to choose
and pay the third-party contractor in accordance with the
standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
SEC. 308. Notwithstanding any other provision of
law, amounts appropriated to or earmarked in committee
reports for the Bureau of Indian Affairs and the Indian
Health Service by Public Laws 103–138, 103–332, 104–
134, 104–208, 105–83, 105–277, 106–113, 106–291, and
107–63 for payments to tribes and tribal organizations for
contract support costs associated with self-determination
or self-governance contracts, grants, compacts, or annual
funding agreements with the Bureau of Indian Affairs or
the Indian Health Service as funded by such Acts, are the
total amounts available for fiscal years 1994 through 2002
for such purposes, except that, for the Bureau of Indian
Affairs, tribes and tribal organizations may use their trib-
al priority allocations for unmet indirect costs of ongoing
contracts, grants, self-governance compacts or annual
funding agreements.
SEC. 309. Of the funds provided to the National En-
dowment for the Arts—
(1) The Chairperson shall only award a grant
to an individual if such grant is awarded to such in-
dividual for a literature fellowship, National Herit-
122
HR 5093 RH
age Fellowship, or American Jazz Masters Fellow-
ship.
(2) The Chairperson shall establish procedures
to ensure that no funding provided through a grant,
except a grant made to a State or local arts agency,
or regional group, may be used to make a grant to
any other organization or individual to conduct ac-
tivity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support
to a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
SEC. 310. The National Endowment for the Arts and
the National Endowment for the Humanities are author-
ized 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 ac-
ceptance by the National Endowment for the Arts or the
National Endowment for the Humanities, shall be paid by
the donor or the representative of the donor to the Chair-
123
HR 5093 RH
man. The Chairman shall enter the proceeds in a special
interest-bearing account to the credit of the appropriate
endowment for the purposes specified in each case.
SEC. 311. (a) In providing services or awarding fi-
nancial assistance under the National Foundation on the
Arts and the Humanities Act of 1965 from funds appro-
priated 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, productions, 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.
124
HR 5093 RH
(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 serv-
ices or awarding financial assistance for projects, produc-
tions, workshops, or programs that will encourage public
knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and 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 Con-
gress annually and by State, on grants awarded by
the Chairperson in each grant category under sec-
tion 5 of such Act; and
125
HR 5093 RH
(4) the Chairperson shall encourage the use of
grants to improve and support community-based
music performance and education.
SEC. 312. No part of any appropriation contained in
this Act shall be expended or obligated to complete and
issue the 5-year program under the Forest and Rangeland
Renewable Resources Planning Act.
SEC. 313. None of the funds in this Act may be used
to support Government-wide administrative functions un-
less such functions are justified in the budget process and
funding is approved by the House and Senate Committees
on Appropriations.
SEC. 314. Amounts deposited during fiscal year 2002
in the roads and trails fund provided for in the 14th para-
graph under the heading ‘‘FOREST SERVICE’’ of the
Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall
be used by the Secretary of Agriculture, without regard
to the State in which the amounts were derived, to repair
or reconstruct roads, bridges, and trails on National For-
est System lands or to carry out and administer projects
to improve forest health conditions, which may include the
repair or reconstruction of roads, bridges, and trails on
National Forest System lands in the wildland-community
interface where there is an abnormally high risk of fire.
The projects shall emphasize reducing risks to human
126
HR 5093 RH
safety and public health and property and enhancing eco-
logical functions, long-term forest productivity, and bio-
logical integrity. The projects may be completed in a sub-
sequent fiscal year. Funds shall not be expended under
this section to replace funds which would otherwise appro-
priately be expended from the timber salvage sale fund.
Nothing in this section shall be construed to exempt any
project from any environmental law.
SEC. 315. 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. 316. 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 redcedar: Provided, That sales
which are deficit when appraised under the transaction
evidence appraisal system using domestic Alaska values
for western redcedar may be advertised upon receipt of
a written request by a prospective, informed bidder, who
has the opportunity to review the Forest Service’s cruise
and harvest cost estimate for that timber. Program accom-
plishments shall be based on volume sold. Should Region
127
HR 5093 RH
10 sell, in fiscal year 2002, the annual average portion
of the decadal allowable sale quantity called for in the cur-
rent Tongass Land Management Plan in sales which are
not deficit when appraised under the transaction evidence
appraisal system using domestic Alaska values for western
redcedar, all of the western redcedar timber from those
sales which is surplus to the needs of domestic processors
in Alaska, shall be made available to domestic processors
in the contiguous 48 United States at prevailing domestic
prices. Should Region 10 sell, in fiscal year 2002, less
than the annual average portion of the decadal allowable
sale quantity called for in the current Tongass Land Man-
agement Plan in sales which are not deficit when ap-
praised under the transaction evidence appraisal system
using domestic Alaska values for western redcedar, the
volume of western redcedar timber available to domestic
processors at prevailing domestic prices in the contiguous
48 United States shall be that volume: (i) which is surplus
to the needs of domestic processors in Alaska; and (ii) is
that percent of the surplus western redcedar volume deter-
mined by calculating the ratio of the total timber volume
which has been sold on the Tongass to the annual average
portion of the decadal allowable sale quantity called for
in the current Tongass Land Management Plan. The per-
centage shall be calculated by Region 10 on a rolling basis
128
HR 5093 RH
as each sale is sold (for purposes of this amendment, a
‘‘rolling basis’’ shall mean that the determination of how
much western redcedar is eligible for sale to various mar-
kets shall be made at the time each sale is awarded).
Western redcedar shall be deemed ‘‘surplus to the needs
of domestic processors in Alaska’’ when the timber sale
holder has presented to the Forest Service documentation
of the inability to sell western redcedar logs from a given
sale to domestic Alaska processors at price equal to or
greater than the log selling value stated in the contract.
All additional western redcedar volume not sold to Alaska
or contiguous 48 United States domestic processors may
be exported to foreign markets at the election of the tim-
ber sale holder. All Alaska yellow cedar may be sold at
prevailing export prices at the election of the timber sale
holder.
SEC. 317. 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
Federal lands. Prior to initiating any project, the
Secretary shall consult with potentially affected
129
HR 5093 RH
holders to determine what impacts the project may
have on the holders. Any modifications to the au-
thorization shall be made within the terms and con-
ditions of the authorization and authorities of the
impacted agency;
(2) the return of a commercial recreation serv-
ice to the Secretary for operation when such services
have been provided in the past by a private sector
provider, except when—
(A) the private sector provider fails to bid
on such opportunities;
(B) the private sector provider terminates
its 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
Demonstration Program to provide for operations until a
subsequent operator can be found through the offering of
a new prospectus.
SEC. 318. Prior to October 1, 2003, the Secretary
of Agriculture shall not be considered to be in violation
of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)(A)) solely because more than 15 years have