H. R. 2691—32
(H) The land exchange and construction of this edu-
cational village will benefit the American public by pre-
serving Cherokee traditions and fostering a vibrant,
modern, and well-educated Indian nation.
(I) The land exchange will also reunify tribal reserva-
tion lands now separated between the Big Cove Community
and the balance of the Qualla Boundary, reestablishing
the territorial integrity of the Eastern Band.
(J) The Ravensford tract contains no threatened species
or endangered species listed pursuant to the Endangered
Species Act of 1973. The 218-acre Yellow Face tract has
a number of listed threatened species and endangered spe-
cies and a higher appraised value than the 143-acre
Ravensford tract.
(K) The American public will benefit from the Eastern
Band’s commitment to mitigate any impacts on natural
and cultural resources on the Ravensford tract, by among
other things reducing the requested acreage from 168 to
143 acres.
(L) The Congress and the Department of the Interior
have approved land exchanges in the past when the bene-
fits to the public and requesting party are clear, as they
are in this case.
(2) PURPOSES.—The purposes of this section are the fol-
lowing:
(A) To acquire the Yellow Face tract for protection
by the National Park Service, in order to preserve the
Waterrock Knob area’s spectacular views, endangered spe-
cies and high altitude wetland seeps from encroachment
by housing development, for the benefit and enjoyment
of the American public.
(B) To transfer the Ravensford tract, to be held in
trust by the United States for the benefit of the Eastern
Band of Cherokee Indians, in order to provide for an edu-
cation facility that promotes the cultural integrity of the
Eastern Band and to reunify two Cherokee communities
that were historically contiguous, while mitigating any
impacts on natural and cultural resources on the tract.
(C) To promote cooperative activities and partnerships
between the Eastern band and the National Park Service
within the Eastern Band’s ancestral homelands.
(c) LAND EXCHANGE.—
(1) IN GENERAL.—The Secretary of the Interior (‘‘Secretary’’)
shall exchange the Ravensford tract, currently in the Great
Smoky Mountains National Park and the Blue Ridge Parkway,
for the Yellow Face tract adjacent to the Waterrock Knob
Visitor Center on the Blue Ridge Parkway.
(2) TREATMENT
OF
EXCHANGED
LANDS.—Effective upon
receipt by the Secretary of a deed or deeds satisfactory to
the Secretary for the lands comprising the Yellow Face tract
(as described in subsection (3)) to the United States, all right,
title, and interest of the United States in and to the Ravensford
tract (as described in subsection (4)), including all improve-
ments and appurtenances, are declared to be held in trust
by the United States for the benefit of the Eastern Band of
Cherokee Indians as part of the Cherokee Indian Reservation.
H. R. 2691—33
(3) YELLOW FACE TRACT.—The Yellow Face tract shall con-
tain Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face
Section, Qualla Township, Jackson County, North Carolina,
which consist altogether of approximately 218 acres and are
depicted as the ‘‘Yellow Face Tract’’ on the map entitled ‘‘Land
Exchange Between the National Park Service and the Eastern
Band of Cherokee Indians,’’ numbered 133/80020A, and dated
November 2002. The map shall be on file and available for
public inspection in the appropriate offices of the National
Park Service and the Bureau of Indian Affairs. Upon completion
of the land exchange, the Secretary shall adjust the boundary
of the Blue Ridge Parkway to include such lands and shall
manage the lands as part of the parkway.
(4) RAVENSFORD TRACT.—The lands declared by subsection
(2) to be held in trust for the Eastern Band of Cherokee Indians
shall consist of approximately 143 acres depicted as the
‘‘Ravensford Tract’’ on the map identified in subsection (3).
Upon completion of the land exchange, the Secretary shall
adjust the boundaries of Great Smoky Mountains National
Park and the Blue Ridge Parkway to exclude such lands.
(5) LEGAL DESCRIPTIONS.—Not later than 1 year after the
date of enactment of this section, the Secretary of the Interior
shall file a legal description of the areas described in sub-
sections (3) and (4) with the Committee on Resources of the
House of Representatives and the Committee on Indian Affairs
and the Committee on Energy and Natural Resources of the
Senate. Such legal descriptions shall have the same force and
effect as if the information contained in the description were
included in those subsections except that the Secretary may
correct clerical and typographical errors in such legal descrip-
tions. The legal descriptions shall be on file and available
for public inspection in the offices of the National Park Service
and the Bureau of Indian Affairs.
(d) IMPLEMENTATION PROCESS.—
(1) GOVERNMENT-TO-GOVERNMENT AGREEMENTS.—In order
to fulfill the purposes of this section and to establish cooperative
partnerships for purposes of this section the Director of the
National Park Service and the Eastern Band of Cherokee
Indians shall enter into government-to-government consulta-
tions and shall develop protocols to review planned construction
on the Ravensford tract. The Director of the National Park
Service is authorized to enter into cooperative agreements with
the Eastern Band for the purpose of providing training,
management, protection, preservation, and interpretation of the
natural and cultural resources on the Ravensford tract.
(2) CONSTRUCTION
STANDARDS.—Recognizing the mutual
interests and responsibilities of the Eastern Band of Cherokee
Indians and the National Park Service for the conservation
and protection of the resources on the Ravensford tract, the
National Park Service and the Eastern Band shall develop
mutually agreed upon standards for size, impact, and design
of construction consistent with the purposes of this section
on the Ravensford tract. The standards shall be consistent
with the Eastern Band’s need to develop educational facilities
and support infrastructure adequate for current and future
generations and shall otherwise minimize or mitigate any
adverse impacts on natural or cultural resources. The standards
H. R. 2691—34
shall be based on recognized best practices for environmental
sustainability and shall be reviewed periodically and revised
as necessary. Development of the tract shall be limited to
a road and utility corridor, an educational campus, and the
infrastructure necessary to support such development. No new
structures shall be constructed on the part of the Ravensford
tract depicted as the ‘‘No New Construction’’ area on the map
referred to in subsection (c)(3), which is generally the area
north of the point where Big Cove Road crosses the Raven
Fork River. All development on the Ravensford tract shall
be conducted in a manner consistent with this section and
such development standards.
(e) GAMING PROHIBITION.—Gaming as defined and regulated
by the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)
shall be prohibited on the Ravensford tract.
SEC. 139. Notwithstanding any implementation of the Depart-
ment of the Interior’s trust reorganization plan within fiscal years
2003 or 2004, funds appropriated for fiscal year 2004 shall be
available to the tribes within the California Tribal Trust Reform
Consortium and to the Salt River Pima Maricopa Indian Commu-
nity, the Confederated Salish-Kootenai Tribes of the Flathead Res-
ervation and the Chippewa Cree Tribe of the Rocky Boys Reserva-
tion on the same basis as funds were distributed in fiscal year
2003. This Demonstration Project shall operate separate and apart
from the Department of the Interior’s trust reform reorganization,
and the Department shall not impose its trust management infra-
structure upon or alter the existing trust resource management
systems of the above referenced tribes having a self-governance
compact and operating in accordance with the Tribal Self-Govern-
ance Program set forth in 25 U.S.C. Sections 458aa–458hh: Pro-
vided, That the California Trust Reform Consortium and any other
participating tribe agree to carry out their responsibilites under
the same fiduciary standards as those to which the Secretary of
the Interior is held: Provided further, That they demonstrate to
the satisfaction of the Secretary that they have the capability to
do so.
SEC. 140. (a) SHORT TITLE.—This section may be cited as the
‘‘Blue Ridge National Heritage Area Act of 2003’’.
(b) FINDINGS AND PURPOSE.—
(1) FINDINGS.—Congress finds that:
(A) The Blue Ridge Mountains and the extensive cul-
tural and natural resources of the Blue Ridge Mountains
have played a significant role in the history of the United
States and the State of North Carolina.
(B) Archaeological evidence indicates that the Blue
Ridge Mountains have been inhabited by humans since
the last retreat of the glaciers, with the Native Americans
living in the area at the time of European discovery being
primarily of Cherokee descent.
(C) The Blue Ridge Mountains of western North Caro-
lina, including the Great Smoky Mountains, played a
unique and significant role in the establishment and
development of the culture of the United States through
several distinct legacies, including—
(i) the craft heritage that—
(I) was first influenced by the Cherokee
Indians;
H. R. 2691—35
(II) was the origin of the traditional craft
movement starting in 1900 and the contemporary
craft movement starting in the 1940’s; and
(III) is carried out by over 4,000 craftspeople
in the Blue Ridge Mountains of western North
Carolina, the third largest concentration of such
people in the United States;
(ii) a musical heritage comprised of distinctive
instrumental and vocal traditions that—
(I) includes stringband music, bluegrass,
ballad singing, blues, and sacred music;
(II) has received national recognition; and
(III) has made the region one of the richest
repositories of traditional music and folklife in the
United States;
(iii) the Cherokee heritage—
(I) dating back thousands of years; and
(II) offering—
(aa) nationally significant cultural tradi-
tions practiced by the Eastern Band of Cher-
okee Indians;
(bb) authentic tradition bearers;
(cc) historic sites; and
(dd) historically important collections of
Cherokee artifacts; and
(iv) the agricultural heritage established by the
Cherokee Indians, including medicinal and ceremonial
food crops, combined with the historic European pat-
terns of raising livestock, culminating in the largest
number of specialty crop farms in North Carolina.
(D) The artifacts and structures associated with those
legacies are unusually well-preserved.
(E) The Blue Ridge Mountains are recognized as having
one of the richest collections of historical resources in North
America.
(F) The history and cultural heritage of the Blue Ridge
Mountains are shared with the States of Virginia, Ten-
nessee, and Georgia.
(G) there are significant cultural, economic, and edu-
cational benefits in celebrating and promoting this mutual
heritage.
(H) according to the 2002 reports entitled ‘‘The Blue
Ridge Heritage and Cultural Partnership’’ and ‘‘Western
North Carolina National Heritage Area Feasibility Study
and Plan’’, the Blue Ridge Mountains contain numerous
resources that are of outstanding importance to the history
of the United States.
(I) it is in the interest of the United States to preserve
and interpret the cultural and historical resources of the
Blue Ridge Mountains for the education and benefit of
present and future generations.
(2) PURPOSE.—The purpose of this section is to foster a
close working relationship with, and to assist, all levels of
government, the private sector, and local communities in the
State in managing, preserving, protecting, and interpreting the
cultural, historical, and natural resources of the Heritage Area
while continuing to develop economic opportunities.
H. R. 2691—36
(c) DEFINITIONS.—
(1) In this section:
(A) HERITAGE AREA.—The term ‘‘Heritage Area’’ means
the Blue Ridge National Heritage Area established by sub-
section (d).
(B) MANAGEMENT
ENTITY.—The term ‘‘management
entity’’ means the management entity for the Heritage
Area designated by subsection (d)(3).
(C) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area
approved under subsection (e).
(D) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior.
(E) STATE.—The term ‘‘State’’ means the State of North
Carolina.
(d) BLUE RIDGE NATIONAL HERITAGE AREA.—
(1) ESTABLISHMENT.—There is established the Blue Ridge
National Heritage Area in the State.
(2) BOUNDARIES.—The Heritage Area shall consist of the
counties of Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell,
Cherokee, Clay, Graham, Haywood, Henderson, Jackson,
McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Surry,
Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey
in the State.
(3) MANAGEMENT ENTITY.—
(A) IN GENERAL.—As a condition of the receipt of funds
made available under subsection (i), the Blue Ridge
National Heritage Area Partnership shall be the manage-
ment entity for the Heritage Area.
(B) BOARD OF DIRECTORS.—
(i) COMPOSITION.—The management entity shall
be governed by a board of directors composed of nine
members, of whom—
(I) two members shall be appointed by
AdvantageWest;
(II) two members shall be appointed by Hand-
Made In America, Inc.;
(III) one member shall be appointed by the
Education Research Consortium of Western North
Carolina;
(IV) one member shall be appointed by the
Eastern Band of the Cherokee Indians; and
(V) three members shall be appointed by the
Governor of North Carolina and shall—
(aa) reside in geographically diverse
regions of the Heritage Area;
(bb) be a representative of State or local
governments or the private sector; and
(cc) have knowledge of tourism, economic
and community development, regional plan-
ning, historic preservation, cultural or natural
resources development, regional planning, con-
servation, recreational services, education, or
museum services.
(e) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this section, the management entity shall
H. R. 2691—40
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $10,000,000, of which not more than
$1,000,000 shall be made available for any fiscal year.
(2) NON-FEDERAL SHARE.—The non-Federal share of the
cost of any activities carried out using Federal funds made
available under subsection (a) shall be not less than 50 percent.
(j) TERMINATION OF AUTHORITY.—The authority of the Secretary
to provide assistance under this section terminates on the date
that is 15 years after the date of enactment of this section.
SEC. 141. (a) PAYMENT
TO
THE HARRIET TUBMAN HOME,
AUBURN, NEW YORK, AUTHORIZED.—(1) The Secretary of the Interior
may, using amounts appropriated or otherwise made available by
this title, make a payment to the Harriet Tubman Home in Auburn,
New York, in the amount of $11,750.
(2) The amount specified in paragraph (1) is the amount of
widow’s pension that Harriet Tubman should have received from
January 1899 to March 1913 under various laws authorizing pen-
sion for the death of her husband, Nelson Davis, a deceased veteran
of the Civil War, but did not receive, adjusted for inflation since
March 1913.
(b) USE OF AMOUNTS.—The Harriet Tubman Home shall use
amounts paid under subsection (a) for the purposes of—
(1) preserving and maintaining the Harriet Tubman Home;
and
(2) honoring the memory of Harriet Tubman.
SEC. 142. Nonrenewable grazing permits authorized in the
Jarbidge Field Office, Bureau of Land Management within the
past seven years shall be renewed under section 402 of the Federal
Land Policy and Management Act of 1976, as amended (43 U.S.C.
1752) and under section 3 of the Taylor Grazing Act of 1934,
as amended (43 U.S.C. 315b). The terms and conditions contained
in the most recently expired nonrenewable grazing permit shall
continue in effect under the renewed permit. Upon completion of
any required analysis or documentation, the permit may be can-
celed, suspended or modified, in whole or in part, to meet the
requirements of applicable laws and regulations. Nothing in this
section shall be deemed to extend the nonrenewable permits beyond
the standard 1-year term.
SEC. 143. INTERIM COMPENSATION PAYMENTS. Section 2303(b)
of Public Law 106–246 (114 Stat. 549) is amended by inserting
before the period at the end the following: ‘‘, unless the amount
of the interim compensation exceeds the amount of the final com-
pensation’’.
SEC. 144. Pursuant to section 10101f(d)(3) of the Omnibus
Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3), the following
claims shall be given notice of defect and the opportunity to cure:
AKFF054162–AKFF054163, 
AKFF054165–AKFF054166, 
and
AKFF054170–AKFF054171.
SEC. 145. None of the funds appropriated or otherwise made
available by this or any other Act, hereafter enacted, may be used
to permit the use of the National Mall for a special event, unless
the permit expressly prohibits the erection, placement, or use of
structures and signs bearing commercial advertising. The Secretary
may allow for recognition of sponsors of special events: Provided,
That the size and form of the recognition shall be consistent with
the special nature and sanctity of the Mall and any lettering or
design identifying the sponsor shall be no larger than one-third
H. R. 2691—41
the size of the lettering or design identifying the special event.
In approving special events, the Secretary shall ensure, to the
maximum extent practicable, that public use of, and access to
the Mall is not restricted. For purposes of this section, the term
‘‘special event’’ shall have the meaning given to it by section
7.96(g)(1)(ii) of title 36, Code of Federal Regulations.
SEC. 146. In addition to amounts provided to the Department
of the Interior in this Act, $5,000,000 is provided for a grant
to Kendall County, Illinois.
SEC. 147. CONVEYANCE TO THE CITY OF LAS VEGAS, NEVADA.
Section 705(b) of the Clark County Conservation of Public Land
and Natural Resources Act of 2002 (116 Stat. 2015) is amended
by inserting after ‘‘map’’ the following: ‘‘and the approximately
10 acres of land in Clark County, Nevada, described as the NW1⁄4
SE1⁄4 SW1⁄4 of section 28, T. 20 S., R. 60 E., Mount Diablo Base
and Meridian’’.
SEC. 148. CONGAREE SWAMP NATIONAL MONUMENT BOUNDARY
REVISION. The first section of Public Law 94–545 (90 Stat. 2517;
102 Stat. 2607) is amended—
(1) in subsection (b), by striking the last sentence; and
(2) by adding at the end the following:
‘‘(c) ACQUISITION OF ADDITIONAL LAND.—
‘‘(1) IN GENERAL.—The Secretary may acquire by donation,
by purchase from a willing seller with donated or appropriated
funds, by transfer, or by exchange, land or an interest in
land described in paragraph (2) for inclusion in the monument.
‘‘(2) DESCRIPTION OF LAND.—The land referred to in para-
graph (1) is the approximately 4,576 acres of land adjacent
to the Monument, as depicted on the map entitled ‘‘Congaree
National Park Boundary Map’’, numbered 178/80015, and dated
August 2003.
‘‘(3) AVAILABILITY OF MAP.—The map referred to in para-
graph (2) shall be on file and available for public inspection
in the appropriate offices of the National Park Service.
‘‘(4) BOUNDARY REVISION.—On acquisition of the land or
an interest in land under paragraph (1), the Secretary shall
revise the boundary of the monument to reflect the acquisition.
‘‘(5) ADMINISTRATION.—Any land acquired by the Secretary
under paragraph (1) shall be administered by the Secretary
as part of the monument.
‘‘(6) EFFECT.—Nothing in this section—
‘‘(A) affects the use of private land adjacent to the
monument;
‘‘(B) preempts the authority of the State with respect
to the regulation of hunting, fishing, boating, and wildlife
management on private land or water outside the bound-
aries of the monument; or
‘‘(C) negatively affects the economic development of
the areas surrounding the monument.
‘‘(d) ACREAGE LIMITATION.—The total acreage of the monument
shall not exceed 26,776 acres.’’.
SEC. 149. Section 104 (16 U.S.C. 1374) is amended in subsection
(c)(5)(D) by striking ‘‘the date of the enactment of the Marine
Mammal Protection Act Amendments of 1994’’ and inserting ‘‘Feb-
ruary 18, 1997’’.
SEC. 150. The National Park Service shall issue a special regu-
lation concerning continued hunting at New River Gorge National
H. R. 2691—42
River in compliance with the requirements of the Administrative
Procedures Act, with opportunity for public comment, and shall
also comply with the National Environmental Policy Act as appro-
priate. Notwithstanding any other provision of law, the September
25, 2003 interim final rule authorizing continued hunting at New
River Gorge National River shall be in effect until the final special
regulation supercedes it.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $269,710,000, to remain available until
expended: Provided, That of the funds provided, $52,359,000 is
for the forest inventory and analysis program.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing tech-
nical and financial assistance to States, territories, possessions,
and others, and for forest health management, including treatments
of pests, pathogens, and invasive or noxious plants and for restoring
and rehabilitating forests damaged by pests or invasive plants,
cooperative forestry, and education and land conservation activities
and 
conducting 
an 
international 
program 
as 
authorized,
$308,140,000, to remain available until expended, as authorized
by law of which $64,934,000 is to be derived from the Land and
Water Conservation Fund: Provided, That none of the funds pro-
vided under this heading for the acquisition of lands or interests
in lands shall be available until the Forest Service notifies the
House Committee on Appropriations and the Senate Committee
on Appropriations, in writing, of specific contractual and grant
details including the non-Federal cost share of each project, related
to the acquisition of lands or interests in lands to be undertaken
with such funds: Provided further, That each forest legacy grant
shall be for a specific project or set of specific tasks: Provided
further, That grants for acquisition of lands or conservation ease-
ments shall require that the State demonstrates that 25 percent
of the total value of the project is comprised of a non-Federal
cost share: Provided further, That notwithstanding any other provi-
sion of law, of the funds provided under this heading, $500,000
shall be made available to Kake Tribal Corporation as an advance
direct lump sum payment to implement the Kake Tribal Corporation
Land Transfer Act (Public Law 106–283).
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, $1,382,916,000, to remain avail-
able until expended, which shall include 50 percent of all moneys
received during prior fiscal years as fees collected under the Land
H. R. 2691—43
and Water Conservation Fund Act of 1965, as amended, in accord-
ance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,
That unobligated balances available at the start of fiscal year
2004 shall be displayed by budget line item in the fiscal year
2005 budget justification: Provided further, That the Secretary may
authorize the expenditure or transfer of such sums as necessary
to the Department of the Interior, Bureau of Land Management,
for removal, preparation, and adoption of excess wild horses and
burros from National Forest System lands, and for the performance
of cadastral surveys to designate the boundaries of such lands:
Provided further, That of the funds provided under this heading
for Forest Products, $5,000,000 shall be allocated to the Alaska
Region, in addition to its normal allocation for the purposes of
preparing additional timber for sale, to establish a 3-year timber
supply and such funds may be transferred to other appropriations
accounts as necessary to maximize accomplishment: Provided fur-
ther, That of the funds provided under this heading, $3,150,000
is for expenses required to implement title I of Public Law 106–
248, to be segregated in a separate fund established by the Secretary
of Agriculture: Provided further, That within funds available for
the purpose of implementing the Valles Caldera Preservation Act,
notwithstanding the limitations of section 107(e)(2) of the Valles
Caldera Preservation Act (Public Law 106–248), for fiscal year
2004, the Chair of the Board of Trustees of the Valles Caldera
Trust may receive, upon request, compensation for each day
(including travel time) that the Chair is engaged in the performance
of the functions of the Board, except that compensation shall not
exceed the daily equivalent of the annual rate in effect for members
of the Senior Executive Service at the ES–1 level, and shall be
in addition to any reimbursement for travel, subsistence and other
necessary expenses incurred by the Chair in the performance of
the Chair’s duties.
For an additional amount to reimburse the Judgment Fund
as required by 41 U.S.C. 612(c) for judgment liabilities previously
incurred, $188,405,000.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, hazardous fuels reduction on or adjacent to such lands,
and for emergency rehabilitation of burned-over National Forest
System lands and water, $1,643,212,000, to remain available until
expended: Provided, That such funds including unobligated balances
under this head, are available for repayment of advances from
other appropriations accounts previously transferred for such pur-
poses: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided
in response to wildfire and other emergencies or disasters to the
extent such reimbursements by the Forest Service for non-fire emer-
gencies are fully repaid by the responsible emergency management
agency: Provided further, That not less than 50 percent of any
unobligated balances remaining (exclusive of amounts for hazardous
fuels reduction) at the end of fiscal year 2003 shall be transferred,
as repayment for past advances that have not been repaid, to
the fund established pursuant to section 3 of Public Law 71–