H. R. 2691—24
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian lands and
expenses 
associated 
with 
redetermining 
and 
redistributing
escheated interests in allotted lands, and for necessary expenses
to carry out the Indian Land Consolidation Act of 1983, as amended,
by direct expenditure or cooperative agreement, $21,980,000, to
remain available until expended: Provided, That funds provided
under this heading may be expended pursuant to the authorities
contained in the provisos under the heading ‘‘Office of Special
Trustee for American Indians, Indian Land Consolidation’’ of the
Interior and Related Agencies Appropriations Act, 2001 (Public
Law 106–291).
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and restora-
tion activities by the Department of the Interior necessary to carry
out the provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et
seq.), Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 et seq.), the Oil Pollution Act of 1990 (Public Law 101–
380) (33 U.S.C. 2701 et seq.), and Public Law 101–337, as amended
(16 U.S.C. 19jj et seq.), $5,633,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess surplus property: Provided,
That existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price for
the replacement aircraft: Provided further, That no programs funded
with appropriated funds in the ‘‘Departmental Management’’,
‘‘Office of the Solicitor’’, and ‘‘Office of Inspector General’’ may
be augmented through the Working Capital Fund: Provided further,
That the annual budget justification for Departmental Management
shall describe estimated Working Capital Fund charges to bureaus
and offices, including the methodology on which charges are based:
Provided further, That departures from the Working Capital Fund
estimates contained in the Departmental Management budget jus-
tification shall be presented to the Committees on Appropriations
for approval: Provided further, That the Secretary shall provide
a semi-annual report to the Committees on Appropriations on
reimbursable support agreements between the Office of the Sec-
retary and the National Business Center and the bureaus and
offices of the Department, including the amounts billed pursuant
to such agreements.
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 emergency reconstruction,
H. R. 2691—25
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be ‘‘emergency
requirements’’ pursuant to section 502 of H. Con. Res. 95, the
concurrent resolution on the budget for fiscal year 2004, and must
be replenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland
fires on or threatening lands under the jurisdiction of the Depart-
ment of the Interior; for the emergency rehabilitation of burned-
over lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage assess-
ment 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 Mining Reclama-
tion and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for wildland
fire operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reimbursement
to other Federal agencies for destruction of vehicles, aircraft, or
other equipment in connection with their use for wildland fire
operations, such reimbursement to be credited to appropriations
currently available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made available
under this authority until the Secretary determines that funds
appropriated for ‘‘wildland fire operations’’ shall be exhausted
within 30 days: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be ‘‘emergency
requirements’’ pursuant to section 502 of H. Con. Res. 95, the
concurrent resolution on the budget for fiscal year 2004, and must
be replenished by a supplemental appropriation which must be
requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a 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 appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized
by sections 1535 and 1536 of title 31, United States Code: Provided,
That reimbursements for costs and supplies, materials, equipment,
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and for services rendered may be credited to the appropriation
current at the time such reimbursements are received.
SEC. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by 5 U.S.C. 3109, when authorized by the 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 telephone service in private residences in the field, when author-
ized 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 members lower than to subscribers who
are not members.
SEC. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901–5902
and D.C. Code 4–204).
SEC. 106. Annual appropriations made in this title shall be
available for obligation in connection with contracts issued for serv-
ices or rentals for periods not in excess of 12 months beginning
at any time during the fiscal year.
SEC. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under restriction
in the President’s moratorium statement of June 12, 1998, in the
areas of northern, central, and southern California; the North
Atlantic; Washington and Oregon; and the eastern Gulf of Mexico
south of 26 degrees north latitude and east of 86 degrees west
longitude.
SEC. 108. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore 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. 109. No funds provided in this title may be expended
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. 110. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may provide for and regulate local non-rec-
reational passage through units of the National Park System,
allowing each unit to develop guidelines and permits for such
activity appropriate to that unit.
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.) may be invested by the Indian tribe, tribal
organization, or consortium before such funds are expended for
the purposes of the grant, compact, or annual funding agreement
so long as such funds are—
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in obliga-
tions or securities that are guaranteed or insured by the United
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States, or mutual (or other) funds registered with the Securities
and Exchange Commission and which only invest in obligations
of the United States or securities that are guaranteed or insured
by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
SEC. 112. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any unobligated balances from prior appropriations
Acts made under the same headings shall be available for expendi-
ture or transfer for Indian trust management and reform activities,
except that total funding for historical accounting activities shall
not exceed amounts specifically designated in this Act for such
purpose.
SEC. 113. Notwithstanding any other provision of law, for the
purpose of reducing the backlog of Indian probate cases in the
Department of the Interior, the hearing requirements of chapter
10 of title 25, United States Code, are deemed satisfied by a pro-
ceeding conducted by an Indian probate judge, appointed by the
Secretary without regard to the provisions of title 5, United States
Code, governing the appointments in the competitive service, for
such period of time as the Secretary determines necessary: Provided,
That the basic pay of an Indian probate judge so appointed may
be fixed by the Secretary without regard to the 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, except 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. 114. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inac-
curate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2004. Under circumstances of dual enrollment, overlap-
ping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
SEC. 115. Funds appropriated for the Bureau of Indian Affairs
for postsecondary schools for fiscal year 2004 shall be allocated
among the schools proportionate to the unmet need of the schools
as determined by the Postsecondary Funding Formula adopted by
the Office of Indian Education Programs.
SEC. 116. (a) The Secretary of the Interior shall take such
action as may be necessary to ensure that the lands comprising
the Huron Cemetery in Kansas City, Kansas (as described in section
123 of Public Law 106–291) are used only in accordance with
this section.
(b) The lands of the Huron Cemetery shall be used only: (1)
for religious and cultural uses that are compatible with the use
of the lands as a cemetery; and (2) as a burial ground.
SEC. 117. Notwithstanding any other provision of law, in con-
veying the Twin Cities Research Center under the authority pro-
vided by Public Law 104–134, as amended by Public Law 104–