IB
Union Calendar No. 338
107TH CONGRESS
2D SESSION
H. R. 5093
[Report No. 107–564]
Making appropriations for the Department of the Interior and related agencies
for the fiscal year ending September 30, 2003, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 11, 2002
Mr. SKEEN, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
A BILL
Making appropriations for the Department of the Interior
and related agencies for the fiscal year ending September
30, 2003, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Department of the Interior and related agencies for the
fiscal year ending September 30, 2003, and for other pur-
poses, namely:
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TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improve-
ment, development, disposal, cadastral surveying, classi-
fication, acquisition of easements and other interests in
lands, and performance of other functions, including main-
tenance of facilities, as authorized by law, in the manage-
ment of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general
administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487
(16 U.S.C. 3150(a)), $826,932,000, to remain available
until expended, of which $1,000,000 is for high priority
projects which shall be carried out by the Youth Conserva-
tion Corps, 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; of which
$2,228,000 shall be available for assessment of the min-
eral potential of public lands in Alaska pursuant to section
1010 of Public Law 96–487 (16 U.S.C. 3150); and of
which not to exceed $1,000,000 shall be derived from the
special receipt account established by the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l–
6a(i)); and of which $3,000,000 shall be available in fiscal
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year 2003 subject to a match by at least an equal amount
by the National Fish and Wildlife Foundation, to such
Foundation for cost-shared projects supporting conserva-
tion of Bureau lands and such funds shall be advanced
to the Foundation as a lump sum grant without regard
to when expenses are incurred; in addition, $32,696,000
for Mining Law Administration program operations, in-
cluding the cost of administering the mining claim fee pro-
gram; to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this
appropriation from annual mining claim fees so as to re-
sult in a final appropriation estimated at not more than
$826,932,000, and $2,000,000, to remain available until
expended, from communication site rental fees established
by the Bureau for the cost of administering communica-
tion site activities: Provided, That appropriations herein
made shall not be available for the destruction of healthy,
unadopted, wild horses and burros in the care of the Bu-
reau or its contractors: Provided further, That of the
amount provided, $43,028,000 is for conservation spend-
ing category activities pursuant to 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of discretionary spending lim-
its.
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WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, sup-
pression operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire as-
sistance by the Department of the Interior, $655,332,000,
to remain available until expended, of which not to exceed
$12,374,000 shall be for the renovation or construction
of fire facilities: Provided, That such funds are also avail-
able for repayment of advances to other appropriation ac-
counts from which funds were previously transferred for
such purposes: Provided further, That persons hired pur-
suant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this appro-
priation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from
which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided fur-
ther, That using the amounts designated under this title
of this Act, the Secretary of the Interior may enter into
procurement contracts, grants, or cooperative agreements,
for hazardous fuels reduction activities, and for training
and monitoring associated with such hazardous fuels re-
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duction activities, on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Fed-
eral land: Provided further, That the costs of implementing
any cooperative agreement between the Federal govern-
ment and any non-Federal entity may be shared, as mutu-
ally agreed on by the affected parties: Provided further,
That in entering into such grants or cooperative agree-
ments, 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 Sec-
retary may take into account the ability of an entity to
enhance local and small business employment opportuni-
ties in rural communities, and that the Secretary may
award procurement contracts, grants, or cooperative
agreements under this section to entities that include local
non-profit entities, Youth Conservation Corps or related
partnerships, or small or disadvantaged businesses: Pro-
vided further, That funds appropriated under this head
may be used to reimburse the United States Fish and
Wildlife Service and the National Marine Fisheries Service
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 conference, as required by section 7
of such Act in connection with wildland fire management
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activities: Provided further, That the Secretary of the Inte-
rior may use wildland fire appropriations to enter into
non-competitive sole source leases of real property with
local governments, at or below fair market value, to con-
struct capitalized improvements for fire facilities on such
leased properties, including but not limited to fire guard
stations, retardant stations, and other initial attack and
fire support facilities, and to make advance payments for
any such lease or for construction activity associated with
the lease.
For an additional amount for ‘‘Wildland Fire Man-
agement’’, $200,000,000, for the cost of fire suppression
activities carried out by the Bureau of Land Management
and other Federal agencies related to the 2002 fire season,
including reimbursement of funds borrowed from other
Department of Interior programs to fight such fires: Pro-
vided, That the entire amount shall be available only to
the extent an official budget request, that includes des-
ignation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
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CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the In-
terior and any of its component offices and bureaus for
the remedial action, including associated activities, of haz-
ardous waste substances, pollutants, or contaminants pur-
suant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C.
9601 et seq.), $9,978,000, to remain available until ex-
pended: Provided, That notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or
as reimbursement for remedial action or response activi-
ties conducted by the Department pursuant to section 107
or 113(f) of such Act, shall be credited to this account
to be available until expended without further appropria-
tion: Provided further, That such sums recovered from or
paid by any party are not limited to monetary payments
and may include stocks, bonds or other personal or real
property, which may be retained, liquidated, or otherwise
disposed of by the Secretary and which shall be credited
to this account.
CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $10,976,000, to
remain available until expended.
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PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of Octo-
ber 20, 1976, as amended (31 U.S.C. 6901–6907),
$230,000,000, of which not to exceed $400,000 shall be
available for administrative expenses and of which
$70,000,000 is for the conservation activities defined in
section 250(c)(4)(E) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, for the
purposes of such Act: Provided, That no payment shall
be made to otherwise eligible units of local government if
the computed amount of the payment is less than $100.
LAND ACQUISITION
For expenses necessary to carry out sections 205,
206, and 318(d) of Public Law 94–579, including admin-
istrative expenses and acquisition of lands or waters, or
interests therein, $49,286,000, to be derived from the
Land and Water Conservation Fund, to remain available
until expended, and to be for the conservation activities
defined in section 250(c)(4)(E) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
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Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and
on adjacent rights-of-way; and acquisition of lands or in-
terests therein including existing connecting roads on or
adjacent to such grant lands; $105,633,000, to remain
available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant
lands is hereby made a charge against the Oregon and
California land-grant fund and shall be transferred to the
General Fund in the Treasury in accordance with the sec-
ond paragraph of subsection (b) of title II of the Act of
August 28, 1937 (50 Stat. 876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law
102–381, funds made available in the Forest Ecosystem
Health and Recovery Fund can be used for the purpose
of planning, preparing, implementing, and monitoring sal-
vage timber sales and forest ecosystem health and recovery
activities such as release from competing vegetation and
density control treatments. The Federal share of receipts
(defined as the portion of salvage timber receipts not paid
to the counties under 43 U.S.C. 1181f and 43 U.S.C.
1181f–1 et seq., and Public Law 106–393) derived from
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treatments funded by this account shall be deposited into
the Forest Ecosystem Health and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of
lands and interests therein, and improvement of Federal
rangelands pursuant to section 401 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701),
notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315 et seq.) and the amount designated for range improve-
ments from grazing fees and mineral leasing receipts from
Bankhead-Jones lands transferred to the Department of
the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Pro-
vided, That not to exceed $600,000 shall be available for
administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related
to processing application documents and other authoriza-
tions for use and disposal of public lands and resources,
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations,
and for rehabilitation of damaged property, such amounts
as may be collected under Public Law 94–579, as amend-
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U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried
out on private lands, $10,000,000, to be derived from the
Land and Water Conservation Fund, to remain available
until expended, and to be for conservation spending cat-
egory activities pursuant to section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of discretionary spending lim-
its: Provided, That the amount provided herein is for the
Secretary to establish a Private Stewardship Grants Pro-
gram to provide grants and other assistance to individuals
and groups engaged in private conservation efforts that
benefit federally listed, proposed, or candidate species, or
other at-risk species.
COOPERATIVE ENDANGERED SPECIES CONSERVATION
FUND
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531–1543),
as amended, $121,400,000, of which $42,929,000 is to be
derived from the Cooperative Endangered Species Con-
servation Fund and $86,471,000 is to be derived from the
Land and Water Conservation Fund, to remain available
until expended, and to be for the conservation activities
defined in section 250(c)(4)(E) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act.