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and the Bureau determines the cooperator is capable of
meeting accepted quality standards, Provided further,
That sections 28f and 28g of title 30, United States Code,
are amended:
(1) In section 28f(a), by striking the first sen-
tence and inserting, ‘‘The holder of each unpatented
mining claim, mill, or tunnel site, located pursuant
to the mining laws of the United States, whether lo-
cated before, on or after the enactment of this Act,
shall pay to the Secretary of the Interior, on or be-
fore September 1, 2002, a claim maintenance fee of
$100 per claim or site.’’; and
(2) In section 28g, by striking ‘‘and before Sep-
tember 30, 2001’’ and inserting in lieu thereof ‘‘and
before September 30, 2002’’.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and
Wildlife Service, for scientific and economic studies, con-
servation, management, investigations, protection, and
utilization of fishery and wildlife resources, except whales,
seals, and sea lions, maintenance of the herd of long-
horned cattle on the Wichita Mountains Wildlife Refuge,
general administration, and for the performance of other
authorized functions related to such resources by direct
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expenditure, contracts, grants, cooperative agreements
and reimbursable agreements with public and private enti-
ties, $839,852,000, to remain available until September
30, 2003, except as otherwise provided herein, of which
$28,000,000 is for ‘‘Federal Infrastructure Improve-
ment’’, defined in section 250(c)(4)(E)(xiv) of the Bal-
anced Budget and Emergency Deficit 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 United States Fish and
Wildlife Service shall be transferred to and merged with
this appropriation, and shall remain available until ex-
pended: Provided further, That not less than $2,000,000
shall be provided to local governments in southern Cali-
fornia for planning associated with the Natural Commu-
nities Conservation Planning (NCCP) program and shall
remain available until expended: Provided further, That
$2,000,000 is for high priority projects which shall be car-
ried out by the Youth Conservation Corps defined in sec-
tion 250(c)(4)(E) (xii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, for the
purposes of such Act: Provided further, That not to exceed
$8,476,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Spe-
cies Act, as amended, for species that are indigenous to
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the United States (except for processing petitions, devel-
oping and issuing proposed and final regulations, and tak-
ing any other steps to implement actions described in sub-
section (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which
not to exceed $6,000,000 shall be used for any activity
regarding the designation of critical habitat, pursuant to
subsection (a)(3), for species already listed pursuant to
subsection (a)(1) as of the date of enactment this Act:
Provided further, That of the amount available for law en-
forcement, up to $400,000 to remain available until ex-
pended, may at the discretion of the Secretary, be used
for payment for information, rewards, or evidence con-
cerning violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement ac-
tivity, authorized or approved by the Secretary and to be
accounted for solely on her certificate: Provided further,
That of the amount provided for environmental contami-
nants, up to $1,000,000 may remain available until ex-
pended for contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or re-
moval of buildings and other facilities required in the con-
servation, management, investigation, protection, and uti-
lization of fishery and wildlife resources, and the acquisi-
tion of lands and interests therein; $48,849,000, to remain
available until expended.
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LAND ACQUISITION
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable
to the United States Fish and Wildlife Service,
$104,401,000, 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)(ii) 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 appro-
priated for specific land acquisition projects can be used
to pay for any administrative overhead, planning or other
management costs.
LANDOWNER INCENTIVE PROGRAM
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried
out on private lands, $50,000,000, 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
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amended, for the purposes of discretionary spending lim-
its: Provided, That, hereafter, ‘‘Fish and Wildlife Service
Landowner Incentive Program’’ shall be considered to be
within the ‘‘State and Other Conservation sub-category’’
in section 250(c)(4)(G) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That the amount provided herein is for a
Landowner Incentive Program established by the Sec-
retary that provides matching, competitively awarded
grants to States, the District of Columbia, Tribes, Puerto
Rico, Guam, the U.S. Virgin Islands, the Northern Mar-
iana Islands, and American Samoa, to establish, or supple-
ment existing, landowner incentive programs that provide
technical and financial assistance, including habitat pro-
tection and restoration, to private landowners for the pro-
tection and management of habitat to benefit federally
listed, proposed, or candidate species, or other at-risk spe-
cies on private lands.
STEWARDSHIP GRANTS
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
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-
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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 hereafter, ‘‘Fish and Wildlife Service
Stewardship Grants’’ shall be considered to be within the
‘‘State and Other Conservation sub-category’’ in section
250(c)(4)(G) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further,
That the amount provided herein is for the Secretary to
establish a Private Stewardship Grants Program to pro-
vide grants and other assistance to individuals and groups
engaged in private conservation efforts that benefit feder-
ally 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, $107,000,000, to be derived from the Cooper-
ative Endangered Species Conservation Fund, to remain
available until expended, and to be for the conservation
activities defined in section 250(c)(4)(E)(v) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act.
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NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $16,414,000, of which
$5,000,000 is for conservation spending category 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 limits: Provided,
That, hereafter, ‘‘Fish and Wildlife Service National Wild-
life Refuge Fund’’ shall be considered to be within the
‘‘Payments in Lieu of Taxes sub-category’’ in section
250(c)(4)(I) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions
of the North American Wetlands Conservation Act, Public
Law 101–233, as amended, $45,000,000, to remain avail-
able until expended, and to be for the conservation activi-
ties defined in section 250(c)(4)(E)(vi) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of such Act: Provided, That,
notwithstanding any other provision of law, amounts in
excess of funds provided in fiscal year 2001 shall be used
only for projects in the United States.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance
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with the Neotropical Migratory Bird Conservation Act,
Public Law 106–247 (16 U.S.C. 6101–6109), $5,000,000,
to remain available until expended, and to be for conserva-
tion spending category activities pursuant to section
251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of dis-
cretionary spending limits: Provided, That, hereafter,
‘‘Fish and Wildlife Service Neotropical Migratory Bird
Conservation’’ shall be considered to be within the ‘‘State
and 
Other 
Conservation 
sub-category’’ 
in 
section
250(c)(4)(G) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Ele-
phant Conservation Act (16 U.S.C. 4201–4203, 4211–
4213, 4221–4225, 4241–4245, and 1538), the Asian Ele-
phant Conservation Act of 1997 (Public Law 105–96; 16
U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva-
tion Act of 1994 (16 U.S.C. 5301–5306), and the Great
Ape Conservation Act of 2000 (16 U.S.C. 6301),
$4,000,000, to remain available until expended: Provided,
That funds made available under this Act, Public Law
106–291, and Public Law 106–554 and hereafter in an-
nual approprations acts for rhinoceros, tiger, Asian ele-
phant, and great ape conservation programs are exempt
from any sanctions imposed against any country under
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section 102 of the Arms Export Control Act (22 U.S.C.
2799aa–1).
STATE WILDLIFE GRANTS
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the U.S. Virgin
Islands, the Northern Mariana Islands, and American
Samoa, under the provisions of the Fish and Wildlife Act
of 1956 and the Fish and Wildlife Coordination Act, for
the development and implementation of programs for the
benefit of wildlife and their habitat, including species that
are not hunted or fished, $100,000,000, 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)(vii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act: Provided, That
the Secretary shall, after deducting administrative ex-
penses, apportion the amount provided herein in the fol-
lowing manner: (A) to the District of Columbia and to
the Commonwealth of Puerto Rico, each a sum equal to
not more than one-half of 1 percent thereof: and (B) to
Guam, American Samoa, the U.S. Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a
sum equal to not more than one-fourth of 1 percent there-
of: Provided further, That the Secretary shall apportion
the remaining amount in the following manner: 30 percent
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based on the ratio to which the land area of such State
bears to the total land area of all such States; and 70
percent based on the ratio to which the population of such
State bears to the total population of the United States,
based on the 2000 U.S. Census; and the amounts so ap-
portioned shall be adjusted equitably so that no State shall
be apportioned a sum which is less than one percent of
the total amount available for apportionment or more than
10 percent: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total
costs of such projects and the Federal share of implemen-
tation grants shall not exceed 50 percent of the total costs
of such projects: Provided further, That the non-Federal
share of such projects may not be derived from Federal
grant programs: Provided further, That no State, territory,
or other jurisdiction shall receive a grant unless it has de-
veloped, or committed to develop by October 1, 2005, a
comprehensive wildlife conservation plan, consistent with
criteria established by the Secretary of the Interior, that
considers the broad range of the State, territory, or other
jurisdiction’s wildlife and associated habitats, with appro-
priate priority placed on those species with the greatest
conservation need and taking into consideration the rel-
ative level of funding available for the conservation of
those species: Provided further, That any amount appor-
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tioned in 2002 to any State, territory, or other jurisdiction
that remains unobligated as of September 30, 2003, shall
be reapportioned, together with funds appropriated in
2004, in the manner provided herein.
TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to tribes under the
provisions of the Fish and Wildlife Act of 1956 and the
Fish and Wildlife Coordination Act, for the development
and implementation of programs for the benefit of wildlife
and their habitat, including species that are not hunted
or fished, $5,000,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended, and to be for conservation spending category
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, hereafter, ‘‘Fish and Wildlife Service
Tribal Wildlife Grants’’ shall be considered to be within
the ‘‘State and Other Conservation sub-category’’ in sec-
tion 250(c)(4)(G) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 74 passenger motor vehicles, of
which 69 are for replacement only (including 32 for police-
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type use); repair of damage to public roads within and
adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed
$1 for each option; facilities incident to such public rec-
reational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improve-
ment of aquaria, buildings, and other facilities under the
jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection
with management and investigation of fish and wildlife re-
sources: Provided, That notwithstanding 44 U.S.C. 501,
the Service may, under cooperative cost sharing and part-
nership arrangements authorized by law, procure printing
services from cooperators in connection with jointly pro-
duced publications for which the cooperators share at least
one-half the cost of printing either in cash or services and
the Service determines the cooperator is capable of meet-
ing accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding
any other provision of law, the Secretary of the Interior
may not spend any of the funds appropriated in this Act
for the purchase of lands or interests in lands to be used
in the establishment of any new unit of the National Wild-
life Refuge System unless the purchase is approved in ad-
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vance by the House and Senate Committees on Appropria-
tions in compliance with the reprogramming procedures
contained in Senate Report 105–56.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, oper-
ation, and maintenance of areas and facilities adminis-
tered by the National Park Service (including special road
maintenance service to trucking permittees on a reimburs-
able basis), and for the general administration of the Na-
tional 
Park 
Service, 
$1,480,336,000, 
of 
which
$10,869,000 for research, planning and interagency co-
ordination in support of land acquisition for Everglades
restoration shall remain available until expended, and of
which $75,349,000, to remain available until expended, is
for maintenance repair or rehabilitation projects for con-
structed assets, operation of the National Park Service
automated facility management software system, and com-
prehensive facility condition assessments; and of which
$2,000,000 is for the Youth Conservation Corps, defined
in section 250(c)(4)(E)(xii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for
the purposes of such Act, for high priority projects: Pro-
vided, That the only funds in this account which may be
made available to support United States Park Police are
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those funds approved for emergency law and order inci-
dents pursuant to established National Park Service pro-
cedures and those funds needed to maintain and repair
United States Park Police administrative facilities: Pro-
vided further, That park areas may reimburse the United
States Park Police account for the unbudgeted overtime
and travel costs associated with special events for an
amount not to exceed $10,000 per event subject to the
review and concurrence of the Washington headquarters
office: Provided further, That none of the funds in this
or any other Act may be used to fund a new Associate
Director position for Partnerships.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of
the United States Park Police, $65,260,000.
CONTRIBUTION FOR ANNUITY BENEFITS
For reimbursement pursuant to provisions of Public
Law 85–157, to the District of Columbia on a monthly
basis, for benefit payments by the District of Columbia
to United States Park Police annuitants under the provi-
sions of the Policeman and Fireman’s Retirement and
Disability Act, to the extent those payments exceed con-
tributions made by active Park Police members covered
under the Act, such amounts as hereafter may be nec-
essary: Provided, That hereafter, appropriations made to
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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
partnership programs, environmental compliance and re-
view, international park affairs, statutory or contractual
aid for other activities, and grant administration, not oth-
erwise provided for, $51,804,000.
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.), $30,000,000, to remain available
until 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), $77,000,000, to be
derived from the Historic Preservation Fund, to remain
available until September 30, 2003, and to be for the con-
servation activities defined in section 250(c)(4)(E)(xi) of
the Balanced Budget and Emergency Deficit Control Con-
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trol Act of 1985, as amended, for the purposes of such
Act: Provided, That, of the amount provided herein,
$5,000,000, to remain available until expended, is for a
grant for the perpetual care and maintenance of National
Trust Historic Sites, as authorized under 16 U.S.C.
470a(e)(2), to be made available in full upon signing of
a grant agreement: Provided further, That, notwith-
standing any other provision of law, these funds shall be
available for investment with the proceeds to be used for
the same purpose as set out herein: Provided further, That
of the total amount provided, $30,000,000 shall be for
Save America’s Treasures for priority preservation
projects, including preservation of intellectual and cultural
artifacts, preservation 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 in-
dividual projects shall only be eligible for one grant, and
all projects to be funded shall be approved by the House
and Senate Committees on Appropriations prior to the
commitment of grant funds: Provided further, That Save
America’s Treasures funds allocated for Federal projects
shall be available by transfer to appropriate accounts of
individual agencies, after approval of such projects by the
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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 pro-
gram shall be available from the existing staffing levels
in the National Park Service 2003.
CONSTRUCTION
For construction, improvements, repair or replace-
ment of physical facilities, including the modifications au-
thorized by section 104 of the Everglades National Park
Protection and Expansion Act of 1989, $349,249,000, of
which $50,000,000 is for ‘‘Federal Infrastructure Im-
provement’’, defined in section 250(c)(4)(E)(xiv) of the
Balanced 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 National Park Service, $261,036,000, to be derived
from the Land and Water Conservation Fund, to remain
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available until expended, and to be for the conservation
activities defined in section 250(c)(4)(E)(iii) of the Bal-
anced Budget and Emergency Deficit Control of 1985, as
amended, for the purposes of such Act, of which
$154,000,000 is for the State assistance program includ-
ing $4,000,000 to administer the State assistance pro-
gram: Provided, That of the amounts provided under this
heading, $16,000,000 may be for Federal grants to the
State of Florida for the acquisition of lands or waters,
or interests therein, within the Everglades watershed (con-
sisting of lands and waters within the boundaries of the
South Florida Water Management District, Florida Bay
and the Florida 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
$20,000,000 may be for project modifications authorized
by section 104 of the Everglades National Park Protection
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 con-
tingent 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 res-
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None of the funds in this Act may be spent by the
National Park Service for activities taken in direct re-
sponse to the United Nations Biodiversity Convention.
The National Park Service may distribute to oper-
ating units based on the safety record of each unit the
costs of programs designed to improve workplace and em-
ployee safety, and to encourage employees receiving work-
ers’ compensation benefits pursuant to chapter 81 of title
5, United States Code, to return to appropriate positions
for which they are medically able.
Notwithstanding any other provision of law, the Na-
tional Park Service may convey a leasehold or freehold in-
terest in Cuyahoga NP to allow for the development of
utilities and parking needed to support the historic Ever-
ett Church in the village of Everett, Ohio.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geo-
logical Survey to perform surveys, investigations, and re-
search covering topography, geology, hydrology, biology,
and the mineral and water resources of the United States,
its territories and possessions, and other areas as author-
ized by 43 U.S.C. 31, 1332, and 1340; classify lands as
to their mineral and water resources; give engineering su-
pervision to power permittees and Federal Energy Regu-
HR 2217 RH
latory Commission licensees; administer the minerals ex-
ploration program (30 U.S.C. 641); and publish and dis-
seminate data relative to the foregoing activities; and to
conduct inquiries into the economic conditions affecting
mining and materials processing 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;
$900,489,000, 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 expended for conducting in-
quiries into the economic conditions affecting mining and
materials processing industries; and of which $18,942,000
shall be available until September 30, 2003 for the oper-
ation and maintenance of facilities and deferred mainte-
nance; and of which $163,461,000 shall be available until
September 30, 2003 for the biological research activity
and the operation of the Cooperative Research Units: Pro-
vided, 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 provided herein, $25,000,000 is for the conserva-
tion activities defined in section 250(c)(4)(viii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
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as amended, for the purposes of such Act: Provided fur-
ther, 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 car-
ried 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 replacement only; reimbursement to the General Serv-
ices Administration for security guard services; con-
tracting for the furnishing of topographic maps and for
the making of geophysical or other specialized surveys
when it is administratively determined that such proce-
dures are in the public interest; construction and mainte-
nance 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 compensation and expenses
of persons on the rolls of the Survey duly appointed to
represent the United States in the negotiation and admin-
istration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accom-
plished through the use of contracts, grants, or coopera-
tive agreements as defined in 31 U.S.C. 6302 et seq.
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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 vehi-
cles for replacement only, $149,867,000, of which
$83,344,000, 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 collections for Outer Continental Shelf ad-
ministrative activities performed by the Minerals Manage-
ment Service over and above the rates in effect on Sep-
tember 30, 1993, and from additional fees for Outer Con-
tinental Shelf administrative activities established after
September 30, 1993: Provided, 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 ap-
propriation from receipts resulting from rental rates for
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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 fur-
ther, That not to exceed $3,000 shall be available for rea-
sonable expenses related to promoting volunteer beach and
marine cleanup activities: Provided further, That notwith-
standing 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 Direc-
tor of the Minerals Management Service (MMS) concurred
with the claimed refund due, to pay amounts owed to In-
dian allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided 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 whole-
sale market centers or upstream pooling points, and to
process or otherwise dispose of royalty production taken
in kind: Provided further, That MMS shall analyze and
document the expected return in advance of any royalty-
in-kind sales to assure to the maximum extent practicable
that royalty income under the pilot program is equal to
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or greater than royalty income recognized under a com-
parable 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,
$6,105,000, which shall be derived from the Oil Spill Li-
ability 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 pur-
chase of not to exceed 10 passenger motor vehicles, for
replacement only; $102,900,000: Provided, That the Sec-
retary of the Interior, 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 af-
fected by coal mining practices after August 3, 1977, to
remain available until expended: Provided further, That
appropriations for the Office of Surface Mining Reclama-
tion and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Of-
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fice of Surface Mining Reclamation and Enforcement
sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the
Surface 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 replace-
ment only, $203,554,000, to be derived from receipts of
the Abandoned Mine Reclamation Fund and to remain
available until expended; of which up to $10,000,000, to
be derived from the Federal Expenses Share of the Fund,
shall be for supplemental grants to States for the reclama-
tion of abandoned sites with acid mine rock drainage from
coal mines, and for associated activities, through the Ap-
palachian Clean Streams Initiative: Provided, That grants
to minimum program States will be $1,500,000 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 amended, of which no more than 25 per-
cent shall be used for emergency reclamation projects in
any one State and funds for federally administered emer-
gency reclamation projects under this proviso shall not ex-
ceed $11,000,000: Provided further, That prior year unob-
ligated funds appropriated for the emergency reclamation
program shall not be subject to the 25 percent limitation
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per State and may be used without fiscal year limitation
for emergency projects: Provided further, That pursuant
to Public Law 97–365, the Department 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 fur-
ther, 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 Gov-
ernment for the purpose of environmental restoration re-
lated to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such
projects must be consistent with the purposes and prior-
ities of the Surface Mining Control and Reclamation Act:
Provided further, That, in addition to the amount granted
to the Commonwealth of Pennsylvania under sections 402
(g)(1) and 402(g)(5) of the Surface Mining Control and
Reclamation Act (Act), an additional $500,000 will be spe-
cifically used for the purpose of conducting a demonstra-
tion project in accordance with section 401(c)(6) of the
Act to determine the efficacy of improving water quality
by removing metals from eligible waters polluted by acid
mine drainage.
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BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act
of November 2, 1921 (25 U.S.C. 13), the Indian Self-De-
termination and Education Assistance Act of 1975 (25
U.S.C. 450 et seq.), as amended, the Education Amend-
ments 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, $1,790,781,000, 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 provi-
sion 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 fund-
ing agreements entered into with the Bureau prior to or
during fiscal year 2002, as authorized by such Act, except
that tribes and tribal organizations may use their tribal
priority allocations for unmet indirect costs of ongoing
contracts, grants, or compacts, or annual funding agree-
ments and for unmet welfare assistance costs; and up to
$3,000,000 shall be for the Indian Self-Determination
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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 oper-
ations 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 $58,394,000 shall remain available
until expended for housing improvement, road mainte-
nance, attorney fees, litigation support, the Indian Self-
Determination Fund, land records improvement, and the
Navajo-Hopi Settlement Program: Provided, That not-
withstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, and 25 U.S.C. 2008, not to exceed $43,065,000
within and only from such amounts made available for
school operations shall be available to tribes and tribal or-
ganizations for administrative cost grants associated with
the operation of Bureau-funded schools: Provided further,
That any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2003, may be transferred
during fiscal year 2004 to an Indian forest land assistance
account established for the benefit of such tribe within the
tribe’s trust fund account: Provided further, That any such
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unobligated balances not so transferred shall expire on
September 30, 2004.
CONSTRUCTION
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities,
and other facilities, including architectural and engineer-
ing services by contract; acquisition of lands, and interests
in lands; and preparation of lands for farming, and for
construction of the Navajo Indian Irrigation Project pur-
suant to Public Law 87–483, $357,132,000, to remain
available until expended: Provided, That such amounts as
may be available for the construction of the Navajo Indian
Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 per-
cent of contract authority available to the Bureau of In-
dian Affairs from the Federal Highway Trust Fund may
be used to cover the road program management costs of
the Bureau: Provided 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: Pro-
vided further, That for fiscal year 2002, in implementing
new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to
tribally controlled grant schools under Public Law 100–
297, as amended, the Secretary of the Interior shall use
the Administrative and Audit Requirements and Cost
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Principles for Assistance Programs contained in 43 CFR
part 12 as the regulatory requirements: 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 payments for the work to be per-
formed: 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 stand-
ards 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 financial management capa-
bilities: 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 con-
cerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2508(e): Provided further, That notwith-
standing any other provision of law, not to exceed
$450,000 in collections from settlements between the
United States and contractors concerning the Dunseith
Day School are to be made available for school construc-
tion in fiscal year 2002 and thereafter.
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INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and in-
dividuals and for necessary administrative expenses,
$60,949,000, to remain available until expended; of which
$24,870,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 101–618 and 102–575, and for implemen-
tation 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 amend-
ed: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional 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.
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In addition, for administrative expenses to carry out
the guaranteed loan programs, $486,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts and grants, either di-
rectly or in cooperation with States and other organiza-
tions.
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guar-
antee and insurance fund, and the Indian Guaranteed
Loan Program 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).
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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 be-
tween the United States and that tribe, or that tribe’s abil-
ity to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C.
452 et seq., shall be available to support the operation of
any elementary or secondary school in the State of Alaska.
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 Sep-
tember 1, 1996. No funds available to the Bureau shall
be used to support expanded grades for any school or dor-
mitory beyond the grade structure in place or approved
by the Secretary of the Interior at each school in the Bu-
reau 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
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Act and that has operated at a Bureau-funded school be-
fore September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bu-
reau 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 charter school are kept
separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school pro-
grams of the State in which the school is located if the
charter school loses such funding. Employees of Bureau-
funded schools sharing a campus with a charter school and
performing functions related to the charter school’s oper-
ation 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,
$72,289,000, of which: (1) $67,761,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, coral reef initiative activities, and brown tree
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of the American Samoa High Court Justices: Provided
further, That of the amounts provided for technical assist-
ance, not to exceed $1,339,000 shall be made available
for transfer to the Disaster Assistance Direct Loan Fi-
nancing 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 required by
section 504 of the Congressional Budget Act of 1974, as
amended (2 U.S.C. 661c): Provided further, That to the
extent that the cost of forgiving the repayment obligation
exceeds the $1,339,000 provided in this Act, the Secretary
of the Interior shall transfer up to $2,161,000 of unex-
pended appropriations for U.S. Virgin Islands construc-
tion grants provided pursuant to Public Law 102–154 to
the Federal Emergency Management Agency to meet the
full costs associated with forgiveness of the Hurricane
Hugo Community Disaster Loan: Provided further, That
of the amounts provided for technical assistance, sufficient
funding shall be made available for a grant to the Close
Up Foundation: Provided further, That the funds for the
program of operations and maintenance improvement are
appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure (with
territorial participation and cost sharing to be determined
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by the Secretary based on the grantees commitment 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 Emer-
gency 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 Marshall Islands as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association,
and for economic 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 au-
thorized by Public Law 99–239 and Public Law 99–658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the De-
partment of the Interior, $64,177,000, of which not to ex-
ceed $8,500 may be for official reception and representa-
tion expenses, of which up to $1,000,000 shall be available
for workers compensation payments and unemployment
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compensation payments associated with the orderly clo-
sure of the United States Bureau of Mines.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$45,000,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $30,490,000.
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-
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standing any other provision of law, the statute of limita-
tions shall not commence to run on any claim, including
any claim in litigation pending on the date of the enact-
ment of this Act, concerning losses to or mismanagement
of trust funds, until the affected tribe or individual Indian
has been furnished with an accounting of such funds from
which the beneficiary can determine whether there has
been a loss: Provided further, That notwithstanding any
other provision of law, the Secretary shall not be required
to provide 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 permit the balance in each such account to be with-
drawn 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 Consoli-
dation Act of 1983, as amended, by direct expenditure or
cooperative agreement, $10,980,000, to remain available
until expended and which may be transferred to the Bu-
reau of Indian Affairs and Departmental Management.
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NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment ac-
tivities by the Department of the Interior necessary to
carry out the provisions of the Comprehensive Environ-
mental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), Federal Water Pollu-
tion Control Act, as amended (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (Public Law 101–380) (33
U.S.C. 2701 et seq.), and Public Law 101–337, as amend-
ed (16 U.S.C. 19jj et seq.), $5,497,000, to remain avail-
able 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: Pro-
vided further, That no programs funded with appropriated
funds in the ‘‘Departmental Management’’, ‘‘Office of the
Solicitor’’, and ‘‘Office of Inspector General’’ may be aug-
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mented through the Working Capital Fund or the Consoli-
dated 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 unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be re-
plenished by a supplemental 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 pro-
grams of the several agencies, for the suppression or emer-
gency prevention of wildland fires on or threatening lands
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under the jurisdiction of the Department of the Interior;
for the emergency rehabilitation of burned-over lands
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subse-
quent to actual oil spills; for response and natural resource
damage assessment activities related to actual oil spills;
for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on
lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99–198
(99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Min-
ing 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 regu-
latory 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 preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with
their use for wildland fire operations, such reimbursement
to be credited to appropriations currently available at the
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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 operations’’ shall be ex-
hausted within thirty days: Provided further, 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 Emer-
gency Deficit Control Act of 1985, and must be replen-
ished by a supplemental appropriation which must be re-
quested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds
were transferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any
other activity in the same manner as authorized by sec-
tions 1535 and 1536 of title 31, United States Code: Pro-
vided, That reimbursements for costs and supplies, mate-
rials, equipment, and for services rendered may be cred-
ited to the appropriation current at the time such reim-
bursements are received.
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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
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members.
SEC. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall be
available for uniforms or allowances therefor, as author-
ized 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 ex-
cess 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
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12, 1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon;
the eastern Gulf of Mexico south of 26 degrees north lati-
tude 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 off-
shore oil and natural gas preleasing, leasing and related
activities in the eastern Gulf of Mexico planning area for
any lands located outside Sale 181, as identified in the
final Outer Continental Shelf 5-Year Oil and Gas Leasing
Program, 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
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)
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may be invested by the Indian tribe, tribal organization,
or consortium before such funds are expended for the pur-
poses 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 guar-
anteed or insured by the United States, or mutual
(or other) funds registered with the Securities and
Exchange Commission and which only invest in obli-
gations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are in-
sured by an agency or instrumentality of the United
States, or are fully collateralized to ensure protec-
tion of the funds, even in the event of a bank failure.
SEC. 112. Notwithstanding any other provisions of
law, the National Park Service shall not develop or imple-
ment a reduced entrance fee program to accommodate
non-local travel through a unit. The Secretary may provide
for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to
develop guidelines and permits for such activity appro-
priate to that unit.
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SEC. 113. 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. 114. 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 Man-
agement Act of 1976, as amended (43 U.S.C. 1752) or
if applicable, section 510 of the California Desert Protec-
tion Act (16 U.S.C. 410aaa–50). The terms and condi-
tions contained in the expiring permit or lease shall con-
tinue in effect under the new permit or lease until such
time as the Secretary of the Interior completes processing
of such permit or lease in compliance with all applicable
laws and regulations, at which time such permit or lease
may be canceled, suspended or modified, in whole or in
part, to meet the requirements of such applicable laws and
regulations. Nothing in this section shall be deemed to
alter the Secretary’s statutory authority.
SEC. 115. Notwithstanding any other provision of
law, for the purpose of reducing the backlog of Indian pro-
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bate cases in the Department of the Interior, the hearing
requirements 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 with-
out 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 provisions of chapter 51, and subchapter III of
chapter 53 of title 5, United States Code, governing the
classification and pay of General Schedule employees, ex-
cept that no such Indian probate judge may be paid at
a level which exceeds the maximum rate payable for the
highest grade of the General Schedule, including locality
pay.
SEC. 116. Notwithstanding any other provision of
law, the Secretary of the Interior is authorized to redis-
tribute 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 methodologies. No tribe shall receive a reduc-
tion in Tribal Priority Allocation funds of more than 10
percent in fiscal year 2002. Under circumstances of dual
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enrollment, overlapping service areas or inaccurate dis-
tribution methodologies, the 10 percent limitation does not
apply.
SEC. 117. None of the funds in this Act may be used
to establish a new National Wildlife Refuge in the Kan-
kakee River basin that is inconsistent with the United
States Army Corps of Engineers’ efforts to control flood-
ing and siltation in that area. Written certification of con-
sistency shall be submitted to the House and Senate Com-
mittees on Appropriations prior to refuge establishment.
SEC. 118. 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. 119. (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.
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SEC. 120. No funds appropriated for the Department
of the Interior by this Act or any other Act shall be used
to study or implement any plan to drain Lake Powell or
to reduce the water level of the lake below the range of
water levels required for the operation of the Glen Canyon
Dam.
SEC. 121. Notwithstanding any other provision of
law, in conveying the Twin Cities Research Center under
the authority provided by Public Law 104–134, as amend-
ed by Public Law 104–208, the Secretary may accept and
retain land and other forms of reimbursement: Provided,
That the Secretary may retain and use any such reim-
bursement until expended and without further appropria-
tion: (1) for the benefit of the National Wildlife Refuge
System within the State of Minnesota; and (2) for all ac-
tivities authorized by Public Law 100–696; 16 U.S.C.
460zz.
SEC. 122. Section 412(b) of the National Parks Om-
nibus Management Act of 1998, as amended (16 U.S.C.
5961) is amended by striking ‘‘2001’’ and inserting
‘‘2002’’.
SEC. 123. Notwithstanding other provisions of law,
the National Park Service may authorize, through cooper-
ative agreement, the Golden Gate National Parks Associa-
tion to provide fee-based education, interpretive and vis-
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itor service functions within the Crissy Field and Fort
Point areas of the Presidio.
SEC. 124. 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. 125. TRIBAL SCHOOL CONSTRUCTION DEM-
ONSTRATION PROGRAM. (a) DEFINITIONS.—In this sec-
tion:
(1) CONSTRUCTION.—The term ‘‘construction’’,
with respect to a tribally controlled school, includes
the construction or renovation of that school.
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given that term in section 4(e) of
the Indian Self-Determination and Education Assist-
ance 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 Con-
trolled Schools Act of 1988 (25 U.S.C. 2511).
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(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
eligible Indian tribe currently on the Department’s
priority list for construction of replacement edu-
cational 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.
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(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 construc-
tion 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 construc-
tion of replacement tribally controlled schools.
(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
receipt of a grant under this section shall not affect the
eligibility 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.).
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SEC. 126. WHITE RIVER OIL SHALE MINE, UTAH.
(a) SALE.—The Administrator of General Services (re-
ferred to in this section as the ‘‘Administrator’’) shall sell
all right, title, and interest of the United States in and
to the improvements and equipment described in sub-
section (b) that are situated on the land described in sub-
section (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.
(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.
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(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
closing and rehabilitation of the Mine (including closing
of the 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.
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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, $236,979,000, to remain
available 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 man-
agement, cooperative forestry, and education and land
conservation activities and conducting an international
program as authorized, $277,771,000, to remain available
until expended, as authorized by law, of which
$60,000,000 is for the Forest Legacy Program,
$8,000,000 is for the Stewardship Incentives Program,
and $36,000,000 is for the Urban and Community For-
estry Program, 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, hereafter, ‘‘Forest Service State and Private For-
estry, Stewardship Incentives Program’’ shall be consid-
ered to be within the ‘‘State and Other Conservation sub-
category’’ in section 250(c)(4)(G) of the Balanced Budget
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and Emergency Deficit Control Act of 1985, as amended:
Provided further, 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 Ap-
propriations and the Senate Committee on Appropriations
provide to the Secretary, in writing, a list of specific acqui-
sitions to be undertaken with such funds.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not
otherwise provided, for management, protection, improve-
ment, and utilization of the National Forest System,
$1,326,445,000, 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 Conservation 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 budget
line item in the fiscal year 2003 budget justification: Pro-
vided further, That the Secretary may authorize the ex-
penditure or transfer of such sums as necessary to the
Department of the Interior, Bureau of Land Management
for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands.
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WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other
lands under fire protection agreement, and for emergency
rehabilitation of burned-over National Forest System
lands and water, $1,402,305,000, to remain available until
expended: Provided, That such funds including unobli-
gated balances under this head, are available for repay-
ment of advances from other appropriations accounts pre-
viously transferred for such purposes: Provided further,
That not less than 50 percent of any unobligated balances
remaining (exclusive of amounts for hazardous fuels re-
duction) at the end of fiscal year 2000 shall be trans-
ferred, 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 fur-
ther, That notwithstanding any other provision of law,
$8,000,000 of funds appropriated under this appropria-
tion shall be used for Fire Science Research in support
of the Joint Fire Science Program: Provided further, That
all authorities for the use of funds, including the use of
contracts, grants, and cooperative agreements, available to
execute the Forest and Rangeland Research appropria-
tion, are also available in the utilization of these funds
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for Fire Science Research: Provided further, That funds
provided shall be available for emergency rehabilitation
and restoration, hazard reduction activities in the urban-
wildland interface, support to federal emergency response,
and wildfire suppression activities of the Forest Service;
Provided 
further, 
That 
of 
the 
funds 
provided,
$227,010,000 
is 
for 
hazardous 
fuel 
treatment,
$81,000,000 is for rehabilitation and restoration,
$38,000,000 is for capital improvement and maintenance
of fire facilities, $27,265,000 is for research activities and
to make competitive research grants pursuant to the For-
est and Rangeland Renewable Resources Research Act, as
amended (16 U.S.C. 1641 et seq.), $50,383,000 is for
state fire assistance, $8,262,000 is for volunteer fire as-
sistance, $11,974,000 is for forest health activities on
state, private, and federal lands, and $12,472,000 is for
economic action programs: Provided further, That
amounts in this paragraph may be transferred to the
‘‘State and Private Forestry’’, ‘‘National Forest System’’,
‘‘Forest and Rangeland Research’’, and ‘‘Capital Improve-
ment and Maintenance’’ accounts to fund state fire assist-
ance, volunteer fire assistance, and forest health manage-
ment, vegetation and watershed management, heritage site
rehabilitation, wildlife and fish habitat management, trails
and facilities maintenance and restoration: Provided fur-
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ther, That transfers of any amounts in excess of those au-
thorized in this paragraph, shall require approval of the
House and Senate Committees on Appropriations in com-
pliance with reprogramming procedures contained in
House Report No. 105–163: Provided further, That the
costs of implementing any cooperative agreement between
the Federal government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties:
Provided further, That in entering into such grants or co-
operative agreements, the Secretary may consider the en-
hancement of local and small business employment oppor-
tunities for rural communities, and that in entering into
procurement contracts under this section on a best value
basis, the Secretary may take into account the ability of
an entity to enhance local and small business employment
opportunities in rural communities, and that the Secretary
may award procurement contracts, grants, or cooperative
agreements under this section to entities that include local
non-profit entities, Youth Conservation Corps or related
partnerships with State, local or non-profit youth groups,
or small or disadvantaged businesses: Provided further,
That:
(1) In expending the funds provided with respect to
this Act for hazardous fuels reduction, the Secretary of
the Interior and the Secretary of Agriculture may conduct
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fuel reduction treatments on Federal lands using all con-
tracting and hiring authorities available to the Secretaries
applicable to hazardous fuel reduction activities under the
wildland fire management accounts. Notwithstanding Fed-
eral government procurement and contracting laws, the
Secretaries may conduct fuel reduction treatments on
Federal 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 communities, 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 com-
plete such contracts. The authorities described
above relating to contracts, grants, and cooper-
ative agreements are available until all funds
provided in this title for hazardous fuels reduc-