H. R. 4578
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
Making appropriations for the Department of the Interior and related agencies
for the fiscal year ending September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the Department of the Interior
and related agencies for the fiscal year ending September 30, 2001,
and for other purposes, namely:
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisi-
tion of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487 (16 U.S.C.
3150(a)), $709,733,000, to remain available until expended, of which
$3,898,000 shall be available for assessment of the mineral potential
of public lands in Alaska pursuant to section 1010 of Public Law
96–487 (16 U.S.C. 3150); and of which not to exceed $1,000,000
shall be derived from the special receipt account established by
the Land and Water Conservation Act of 1965, as amended (16
U.S.C. 460l–6a(i)); and of which $3,000,000 shall be available in
fiscal year 2001 subject to a match by at least an equal amount
by the National Fish and Wildlife Foundation, to such Foundation
for cost-shared projects supporting conservation of Bureau lands
and such funds shall be advanced to the Foundation as a lump
sum grant without regard to when expenses are incurred; in addi-
tion, $34,328,000 for Mining Law Administration program oper-
ations, including the cost of administering the mining claim fee
program; to remain available until expended, to be reduced by
amounts collected by the Bureau and credited to this appropriation
from annual mining claim fees so as to result in a final appropria-
tion estimated at not more than $709,733,000, and $2,000,000,
to remain available until expended, from communication site rental
fees established by the Bureau for the cost of administering commu-
nication site activities: Provided, That appropriations herein made
H. R. 4578—2
shall not be available for the destruction of healthy, unadopted,
wild horses and burros in the care of the Bureau or its contractors.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, suppression oper-
ations, research, emergency rehabilitation and hazardous fuels
reduction by the Department of the Interior, $425,513,000, to
remain available until expended, of which not to exceed $30,000,000
shall be for the renovation or construction of fire facilities: Provided,
That such funds are also available for repayment of advances to
other appropriation accounts from which funds were previously
transferred for such purposes: Provided further, That unobligated
balances of amounts previously appropriated to the ‘‘Fire Protection’’
and ‘‘Emergency Department of the Interior Firefighting Fund’’
may be transferred and merged with this appropriation: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That notwithstanding
42 U.S.C. 1856d, sums received by a bureau or office of the Depart-
ment of the Interior for fire protection rendered pursuant to 42
U.S.C. 1856 et seq., protection of United States property, may
be credited to the appropriation from which funds were expended
to provide that protection, and are available without fiscal year
limitation.
For an additional amount for ‘‘Wildland Fire Management’’,
$200,000,000, to remain available until expended, for emergency
rehabilitation and wildfire suppression activities: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That this amount shall be available only to the extent
that an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an
emergency requirement as defined by such Act, is transmitted by
the President to the Congress.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the remedial action,
including associated activities, of hazardous waste substances,
pollutants, or contaminants pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), $10,000,000, to remain available
until expended: Provided, That notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or as
reimbursement for remedial action or response activities conducted
by the Department pursuant to section 107 or 113(f) of such Act,
shall be credited to this account to be available until expended
without further appropriation: Provided further, That such sums
recovered from or paid by any party are not limited to monetary
payments and may include stocks, bonds or other personal or real
property, which may be retained, liquidated, or otherwise disposed
of by the Secretary and which shall be credited to this account.
H. R. 4578—3
CONSTRUCTION
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $16,860,000, to remain available until
expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901–6907), $150,000,000, of which
not to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94–579, including administrative expenses
and acquisition of lands or waters, or interests therein, $31,100,000,
to be derived from the Land and Water Conservation Fund, to
remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant coun-
ties of Oregon, and on adjacent rights-of-way; and acquisition of
lands or interests therein including existing connecting roads on
or adjacent to such grant lands; $104,267,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law 102–
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning, preparing,
and monitoring salvage timber sales and forest ecosystem health
and recovery activities such as release from competing vegetation
and density control treatments. The Federal share of receipts
(defined as the portion of salvage timber receipts not paid to the
counties under 43 U.S.C. 1181f and 43 U.S.C. 1181–1 et seq.,
and Public Law 103–66) derived from treatments funded by this
account shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
H. R. 4578—4
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315 et seq.) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from Bankhead-
Jones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to proc-
essing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, oper-
ation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579, as amended,
and Public Law 93–153, to remain available until expended: Pro-
vided, That notwithstanding any provision to the contrary of section
305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that
have been or will be received pursuant to that section, whether
as a result of forfeiture, compromise, or settlement, if not appro-
priate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the
authority of this Act by the Secretary to improve, protect, or
rehabilitate any public lands administered through the Bureau
of Land Management which have been damaged by the action
of a resource developer, purchaser, permittee, or any unauthorized
person, without regard to whether all moneys collected from each
such action are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other damaged
public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings
and appurtenant facilities to which the United States has title;
up to $100,000 for payments, at the discretion of the Secretary,
H. R. 4578—5
for information or evidence concerning violations of laws adminis-
tered by the Bureau; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the Secretary and
to be accounted for solely on his certificate, not to exceed $10,000:
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may,
under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the coopera-
tors share the cost of printing either in cash or in services, and
the Bureau determines the cooperator is capable of meeting accepted
quality standards.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and Wildlife
Service, for scientific and economic studies, conservation, manage-
ment, investigations, protection, and utilization of fishery and wild-
life 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 expenditure,
contracts, grants, cooperative agreements and reimbursable agree-
ments with public and private entities, $776,595,000, to remain
available until September 30, 2002, except as otherwise provided
herein, of which not less than $2,000,000 shall be provided to
local governments in southern California for planning associated
with the Natural Communities Conservation Planning (NCCP) pro-
gram and shall remain available until expended: Provided, That
not less than $1,000,000 for high priority projects which shall
be carried out by the Youth Conservation Corps as authorized
by the Act of August 13, 1970, as amended: Provided further,
That not to exceed $6,355,000 shall be used for implementing sub-
sections (a), (b), (c), and (e) of section 4 of the Endangered Species
Act, as amended, for species that are indigenous to the United
States (except for processing petitions, developing and issuing pro-
posed and final regulations, and taking any other steps to imple-
ment actions described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)): Provided further, That of the amount available for
law enforcement, up to $400,000 to remain available until expended,
may at the discretion of the Secretary, be used for payment for
information, rewards, or evidence concerning violations of laws
administered by the Service, and miscellaneous and emergency
expenses of enforcement activity, authorized or approved by the
Secretary and to be accounted for solely on his certificate: Provided
further, That of the amount provided for environmental contami-
nants, up to $1,000,000 may remain available until expended for
contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, manage-
ment, investigation, protection, and utilization of fishery and wild-
life resources, and the acquisition of lands and interests therein;
$63,015,000, to remain available until expended: Provided, That,
H. R. 4578—6
notwithstanding any provision of law or regulation, funds appro-
priated in Public Law 106–113 for exhibits at the J.N. Ding Darling
National Wildlife Refuge Education Center in Florida shall be trans-
ferred immediately to the Ding Darling Wildlife Society for the
purpose of constructing the exhibits.
LAND ACQUISITION
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for acquisition of land
or waters, or interest therein, in accordance with statutory authority
applicable to the United States Fish and Wildlife Service,
$62,800,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out the provisions of the Endan-
gered Species Act of 1973 (16 U.S.C. 1531–1543), as amended,
$26,925,000, to be derived from the Cooperative Endangered Species
Conservation Fund, to remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $11,439,000.
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, $20,000,000, to remain available until expended.
WILDLIFE CONSERVATION AND APPRECIATION FUND
For necessary expenses of the Wildlife Conservation and Appre-
ciation Fund, $797,000, to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Con-
servation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–
4245, and 1538), the Asian Elephant Conservation Act of 1997
(Public Law 105–96; 16 U.S.C. 4261–4266), and the Rhinoceros
and Tiger Conservation Act of 1994 (16 U.S.C. 5301–5306),
$2,500,000, to remain available until expended: Provided, That
funds made available under this Act and Public Law 105–277
for rhinoceros, tiger, and Asian elephant conservation programs
are exempt from any sanctions imposed against any country under
section 102 of the Arms Export Control Act (22 U.S.C. 2799aa–
1).
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States Fish
and Wildlife Service shall be available for purchase of not to exceed
79 passenger motor vehicles, of which 72 are for replacement only
(including 41 for police-type use); repair of damage to public roads
within and adjacent to reservation areas caused by operations of
H. R. 4578—7
the Service; options for the purchase of land at not to exceed
$1 for each option; facilities incident to such public recreational
uses on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement 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 resources: Provided, That notwithstanding 44
U.S.C. 501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing serv-
ices from cooperators in connection with jointly produced publica-
tions 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 meeting accepted quality standards:
Provided further, That the Service may accept donated aircraft
as replacements for existing aircraft: Provided further, That not-
withstanding 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 Wildlife Refuge
System unless the purchase is approved in advance by the House
and Senate Committees on Appropriations 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, operation, and
maintenance of areas and facilities administered by the National
Park Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administra-
tion of the National Park Service, including not less than $2,000,000
for high priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps as
authorized by 16 U.S.C. 1706, $1,389,144,000, of which $9,227,000
for research, planning and interagency coordination in support of
land acquisition for Everglades restoration shall remain available
until expended, and of which not to exceed $7,000,000, to remain
available until expended, is to be derived from the special fee
account established pursuant to title V, section 5201 of Public
Law 100–203: Provided, That the only funds in this account which
may be made available to support United States Park Police oper-
ations are those needed to continue services at the same level
as was provided in fiscal year 2000 at the Statue of Liberty and
Gateway National Recreation Area, and those funds approved for
emergency law and order incidents pursuant to established National
Park Service procedures and those funds needed to maintain and
repair United States Park Police administrative facilities.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of the United
States Park Police, $78,048,000, of which $1,607,000 for security
enhancements in the Washington, DC area shall remain available
until expended.
H. R. 4578—8
NATIONAL RECREATION AND PRESERVATION
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to carry out recreation programs, nat-
ural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant adminis-
tration, not otherwise provided for, $58,359,000: Provided, That
$1,595,000 appropriated in Public Law 105–277 for the acquisition
of interests in Ferry Farm, George Washington’s Boyhood Home,
shall be transferred to this account and shall be available until
expended for a cooperative agreement for management of George
Washington’s Boyhood Home, Ferry Farm, as authorized in Public
Law 105–355.
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.), $10,000,000, to remain available until expended.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic Preserva-
tion 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), $79,347,000, to be derived from the Historic Preservation
Fund, to remain available until September 30, 2002, of which
$7,177,000 pursuant to section 507 of Public Law 104–333 shall
remain available until expended: Provided, That of the total amount
provided, $35,000,000 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 individual 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 Amer-
ica’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 Secretary of the Interior: Provided
further, That none of the funds provided for Save America’s Treas-
ures may be used for administrative expenses, and staffing for
the program shall be available from the existing staffing levels
in the National Park Service.
CONSTRUCTION
For construction, improvements, repair or replacement of phys-
ical facilities, including the modifications authorized by section
104 of the Everglades National Park Protection and Expansion
Act of 1989, $242,174,000, to remain available until expended:
Provided, That $650,000 for Lake Champlain National Historic
Landmarks, $300,000 for the Kendall County Courthouse, and
H. R. 4578—9
$365,000 for the U.S. Grant Boyhood Home National Historic Land-
mark shall be derived from the Historic Preservation Fund pursuant
to 16 U.S.C. 470a.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2001 by 16
U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and Water Con-
servation 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, $110,540,000,
to be derived from the Land and Water Conservation Fund, to
remain available until expended, of which $40,500,000 is for the
State assistance program including $1,500,000 to administer the
State assistance program, and of which $12,000,000 may be for
State grants for land acquisition in the State of Florida: Provided,
That the Secretary may provide Federal assistance to the State
of Florida for the acquisition of lands or waters, or interests therein,
within the Everglades watershed (consisting 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: Provided further, That funds
provided under this heading for assistance to the State of Florida
to acquire lands within the Everglades watershed are contingent
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 restoration of the Everglades: Pro-
vided further, That none of the funds provided for the State Assist-
ance program may be used to establish a contingency fund: Provided
further, That not to exceed $50,000,000 derived from unexpended
balances previously appropriated in Public Laws 106–113 and 103–
211 for land acquisition assistance to the State of Florida shall
be available until expended for project modifications authorized
by section 104 of the Everglades National Park Protection and
Expansion Act.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be available
for the purchase of not to exceed 340 passenger motor vehicles,
of which 273 shall be for replacement only, including not to exceed
319 for police-type use, 12 buses, and 9 ambulances: Provided,
That none of the funds appropriated to the National Park Service
may be used to process any grant or contract documents which
do not include the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Service may
be used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been sub-
mitted to the Congress and shall not be implemented prior to
H. R. 4578—10
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full and comprehensive report on the development
of the southern end of Ellis Island, including the facts and cir-
cumstances relied upon in support of the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the United
Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to encour-
age employees receiving workers’ compensation benefits pursuant
to chapter 81 of title 5, United States Code, to return to appropriate
positions for which they are medically able.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topog-
raphy, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); and publish and disseminate 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;
$862,046,000, of which $62,879,000 shall be available only for
cooperation with States or municipalities for water resources inves-
tigations; and of which $16,400,000 shall remain available until
expended for conducting inquiries into the economic conditions
affecting mining and materials processing industries; and of which
$1,525,000 shall remain available until expended for ongoing
development of a mineral and geologic data base; and of which
$32,822,000 shall be available until September 30, 2002 for the
operation and maintenance of facilities and deferred maintenance;
and of which $157,923,000 shall be available until September 30,
2002 for the biological research activity and the operation of the
Cooperative Research Units: Provided, 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 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 carried on in cooperation with States and munici-
palities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geological
Survey shall be available for the purchase of not to exceed 53
H. R. 4578—11
passenger motor vehicles, of which 48 are for replacement only;
reimbursement to the General Services Administration for security
guard services; contracting for the furnishing of topographic maps
and for the making of geophysical or other specialized surveys
when it is administratively determined that such procedures are
in the public interest; construction and maintenance 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 administration
of interstate compacts: Provided, That activities funded by appro-
priations herein made may be accomplished through the use of
contracts, grants, or cooperative agreements as defined in 31 U.S.C.
6302 et seq.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable
to oil, gas, and other minerals leases, permits, licenses and oper-
ating contracts; and for matching grants or cooperative agreements;
including the purchase of not to exceed eight passenger motor
vehicles for replacement only, $133,410,000, of which $86,257,000,
shall be available for royalty management activities; and an amount
not to exceed $107,410,000, 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 adminis-
trative activities performed by the Minerals Management Service
over and above the rates in effect on September 30, 1993, and
from additional fees for Outer Continental Shelf administrative
activities established after September 30, 1993: Provided, That
to the extent $107,410,000 in additions to receipts are not realized
from the sources of receipts stated above, the amount needed to
reach $107,410,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental Shelf
leases in effect before August 5, 1993: Provided further, That
$3,000,000 for computer acquisitions shall remain available until
September 30, 2002: 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 further, That
not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of overpay-
ments in connection with certain Indian leases in which the Director
of the Minerals Management Service (MMS) concurred with the
claimed refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments: Pro-
vided further, That MMS may under the royalty-in-kind pilot pro-
gram use a portion of the revenues from royalty-in-kind sales,
without regard to fiscal year limitation, to pay for transportation
to wholesale market centers or upstream pooling points, and to
H. R. 4578—12
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 or greater than royalty income recognized
under a comparable 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, $6,118,000, which shall be derived
from the Oil Spill Liability 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 Sur-
face Mining Control and Reclamation Act of 1977, Public Law
95–87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $100,801,000: Pro-
vided, That the Secretary of the Interior, pursuant to regulations,
may use directly or through grants to States, moneys collected
in fiscal year 2001 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 affected by coal mining
practices after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of Surface
Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending
Office 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 replacement only, $202,438,000, 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 reclamation of aban-
doned sites with acid mine rock drainage from coal mines, and
for associated activities, through the Appalachian Clean Streams
Initiative: Provided, That grants to minimum program States will
be $1,600,000 per State in fiscal year 2001: 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 percent shall be
used for emergency reclamation projects in any one State and
funds for federally administered emergency reclamation projects
under this proviso shall not exceed $11,000,000: Provided further,
That prior year unobligated funds appropriated for the emergency
reclamation program shall not be subject to the 25 percent limita-
tion per State and may be used without fiscal year limitation
H. R. 4578—13
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 further, 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 Govern-
ment for the purpose of environmental restoration related to treat-
ment or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with the
purposes and priorities of the Surface Mining Control and Reclama-
tion Act: Provided further, That the State of Maryland may set
aside the greater of $1,000,000 or 10 percent of the total of the
grants made available to the State under title IV of the Surface
Mining Control and Reclamation Act of 1977, as amended (30
U.S.C. 1231 et seq.), if the amount set aside is deposited in an
acid mine drainage abatement and treatment fund established
under a State law, pursuant to which law the amount (together
with all interest earned on the amount) is expended by the State
to undertake acid mine drainage abatement and treatment projects,
except that before any amounts greater than 10 percent of its
title IV grants are deposited in an acid mine drainage abatement
and treatment fund, the State of Maryland must first complete
all Surface Mining Control and Reclamation Act priority one
projects.
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-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the
Education Amendments 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, $1,741,212,000, to remain available until September
30, 2002 except as otherwise provided herein, of which not to
exceed $93,225,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not lim-
ited to the Indian Self-Determination Act of 1975, as amended,
not to exceed $125,485,000 shall be available for payments to tribes
and tribal organizations for contract support costs associated with
ongoing contracts, grants, compacts, or annual funding agreements
entered into with the Bureau prior to or during fiscal year 2001,
as authorized by such Act, except that tribes and tribal organiza-
tions may use their tribal priority allocations for unmet indirect
costs of ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs; and up to
$5,000,000 shall be for the Indian Self-Determination 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 $423,056,000
for school operations costs of Bureau-funded schools and other edu-
cation programs shall become available on July 1, 2001, and shall
remain available until September 30, 2002; and of which not to
exceed $60,194,000 shall remain available until expended for
housing improvement, road maintenance, attorney fees, litigation
H. R. 4578—14
support, self-governance grants, the Indian Self-Determination
Fund, land records improvement, and the Navajo-Hopi Settlement
Program; and of which not to exceed $108,000 shall be for payment
to the United Sioux Tribes of South Dakota Development Corpora-
tion for the purpose of providing employment assistance to Indian
clients of the Corporation, including employment counseling, follow-
up services, housing services, community services, day care services,
and subsistence to help Indian clients become fully employed mem-
bers of society: Provided, That notwithstanding 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
$43,160,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal organiza-
tions 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, 2002, may be transferred during fiscal year 2003 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 unobligated balances not so transferred shall expire on
September 30, 2003.
CONSTRUCTION
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facili-
ties, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irriga-
tion Project pursuant to Public Law 87–483, $357,404,000, 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 percent of contract authority available
to the Bureau of Indian 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: Provided further, That for
fiscal year 2001, 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 Principles for
Assistance Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, That such grants shall not be sub-
ject 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 performed: 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 standards 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 capabilities: 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
H. R. 4578—15
between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $37,526,000, to remain
available until expended; of which $25,225,000 shall be available
for implementation of enacted Indian land and water claim settle-
ments pursuant to Public Laws 101–618 and 102–575, and for
implementation of other enacted water rights settlements; of which
$8,000,000 shall be available for Tribal compact administration,
economic development and future water supplies facilities under
Public Law 106–163; of which $2,127,000 shall be available pursu-
ant to Public Laws 99–264, 100–383, 100–580 and 103–402; and
of which $2,000,000 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 authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying 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
$59,682,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $488,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation
of Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in cooperation
with States and other organizations.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee 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 implement the recommendations of
the National Academy of Public Administration’s August 1999
report shall be available 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).
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
H. R. 4578—16
relationship between the United States and that tribe, or that
tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau, other than the amounts provided herein for assist-
ance 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 September 1, 1996. No funds
available to the Bureau shall be used to support expanded grades
for any school or dormitory beyond the grade structure in place
or approved by the Secretary of the Interior at each school in
the Bureau 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 Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to operate
during that period, but only if the charter school pays to the
Bureau 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 programs 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 operation
and employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United States
Code (commonly known as the ‘‘Federal Tort Claims Act’’). Not
later than June 15, 2001, the Secretary of the Interior shall evaluate
the effectiveness of Bureau-funded schools sharing facilities with
charter schools in the manner described in the preceding sentence
and prepare and submit a report on the finding of that evaluation
to the Committees on Appropriations of the Senate and of the
House.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $75,471,000, of which:
(1) $71,076,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the judiciary
in American Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to the Government of American
Samoa, in addition to current local revenues, for construction and
support of governmental functions; grants to the Government of
the Virgin Islands as authorized by law; grants to the Government
of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands as authorized by law (Public
H. R. 4578—17
Law 94–241; 90 Stat. 272); and (2) $4,395,000 shall be available
for salaries and expenses of the Office of Insular Affairs: Provided,
That all financial transactions of the territorial and local govern-
ments herein provided for, including such transactions of all agen-
cies or instrumentalities established or used by such governments,
may be audited by the General Accounting Office, at its discretion,
in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement
of the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by Public
Law 104–134: Provided further, That of the amounts provided for
technical assistance, not to exceed $300,000 may be made available
for transfer to the Disaster Assistance Direct Loan Program Account
of the Federal Emergency Management Agency for the purpose
of covering the cost of forgiving a portion of the obligation of
the Government of the Virgin Islands to pay interest which has
accrued on Community Disaster Loan 841 during fiscal year 2000,
as required by section 504 of the Congressional Budget Act of
1974, as amended (2 U.S.C. 661c): 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 of the amounts provided for technical assistance,
the amount of $700,000 shall be made available to the Prior Service
Benefits Trust Fund for its program of benefit payments to individ-
uals: Provided further, That none of this amount shall be used
for administrative expenses of the Prior Service Benefits Trust
Fund: Provided further, That the funds for the program of oper-
ations and maintenance improvement are appropriated to institu-
tionalize routine operations and maintenance improvement of cap-
ital infrastructure in American Samoa, Guam, the Virgin Islands,
the Commonwealth of the Northern Mariana Islands, the Republic
of Palau, the Republic of the Marshall Islands, and the Federated
States of Micronesia through assessments of long-range operations
maintenance needs, improved capability of local operations and
maintenance institutions and agencies (including management and
vocational education training), and project-specific maintenance
(with territorial participation and cost sharing to be determined
by the Secretary based on the individual territory’s 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 Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for the Fed-
erated 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 nec-
essary expenses for the Republic of Palau as provided for in sections
122, 221, 223, 232, and 233 of the Compact of Free Association,
$20,745,000, to remain available until expended, as authorized by
Public Law 99–239 and Public Law 99–658.
H. R. 4578—64
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$104,604,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities, pursuant
to section 7(c) of the Act, and for administering the functions
of the Act, to remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as
amended, $15,656,000, to remain available until expended, of which
$11,656,000 shall be available to the National Endowment for the
Humanities for the purposes of section 7(h): Provided, That this
appropriation shall be available for obligation only in such amounts
as may be equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appro-
priated.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out subtitle C of the Museum and Library Services
Act of 1996, as amended, $24,907,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses.
CHALLENGE AMERICA ARTS FUND
CHALLENGE AMERICA GRANTS
For necessary expenses as authorized by Public Law 89–209,
as amended, $7,000,000 for support for arts education and public
outreach activities to be administered by the National Endowment
for the Arts, to remain available until expended.
H. R. 4578—65
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $1,078,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended with-
out further appropriation.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956(a)), as amended, $7,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665, as amended), $3,189,000: Pro-
vided, That none of these funds shall be available for compensation
of level V of the Executive Schedule or higher positions.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71–71i), including services as
authorized by 5 U.S.C. 3109, $6,500,000: Provided, That all
appointed members of the Commission will be compensated at
a rate not to exceed the daily equivalent of the annual rate of
pay for positions at level IV of the Executive Schedule for each
day such member is engaged in the actual performance of duties.
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as authorized
by Public Law 96–388 (36 U.S.C. 1401), as amended, $34,439,000,
of which $1,900,000 for the museum’s repair and rehabilitation
program and $1,264,000 for the museum’s exhibitions program shall
remain available until expended.
PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $23,400,000
shall be available to the Presidio Trust, to remain available until
expended. The Trust is authorized to issue obligations to the Sec-
retary of the Treasury pursuant to section 104(d)(3) of the Act,
in an amount not to exceed $10,000,000.
H. R. 4578—100
owner, a second appraisal of the typical lot on which the initial
appraisal was conducted.
(b) CONDUCT OF SECOND APPRAISAL.—In conducting a second
appraisal, the appraiser selected by the cabin owner shall—
(1) have qualifications equivalent to the appraiser that
conducted the initial appraisal in accordance with section
606(a)(4);
(2) use the appraisal guidelines used in the initial appraisal
in accordance with section 606(a)(5);
(3) consider all relevant factors in accordance with this
title (including guidelines developed under section 606(a)(3));
and
(4) notify the Secretary of any material differences of fact
or opinion between the initial appraisal conducted by the agency
and the second appraisal.
(c) REQUEST FOR RECONSIDERATION OF BASE CABIN USER FEE.—
A cabin owner shall submit to the Secretary any request for
reconsideration of the base cabin user fee, based on the results
of the second appraisal, not later than 60 days after the receipt
of the report for the second appraisal.
(d) RECONSIDERATION OF BASE CABIN USER FEE.—On receipt
of a request from the cabin owner under subsection (c) for
reconsideration of a base cabin user fee, not later than 60 days
after the date of receipt of the request, the Secretary shall—
(1) review the initial appraisal of the agency;
(2) review the results and commentary from the second
appraisal;
(3) determine a new base cabin user fee in an amount
that is—
(A) equal to the base cabin user fee determined by
the initial or the second appraisal; or
(B) within the range of values, if any, between the
initial and second appraisals; and
(4) notify the cabin owner of the amount of the new base
cabin user fee.
SEC. 611. RIGHT OF APPEAL AND JUDICIAL REVIEW.
(a) RIGHT OF APPEAL.—Notwithstanding any action of a cabin
owner to exercise rights in accordance with section 610, the Sec-
retary shall by regulation grant the cabin owner the right to an
administrative appeal of the determination of a new base cabin
user fee.
(b) JUDICIAL REVIEW.—A cabin owner that is adversely affected
by a final decision of the Secretary under this title may bring
a civil action in United States district court.
SEC. 612. CONSISTENCY WITH OTHER LAW AND RIGHTS.
(a) CONSISTENCY WITH RIGHTS
OF
THE UNITED STATES.—
Nothing in this title limits or restricts any right, title, or interest
of the United States in or to any land or resource.
(b) SPECIAL RULE FOR ALASKA.—In determining a cabin user
fee in the State of Alaska, the Secretary shall not establish or
impose a cabin user fee or a condition affecting a cabin user fee
that is inconsistent with 1303(d) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3193(d)).
H. R. 4578—101
SEC. 613. REGULATIONS.
Not later than 2 years after the date of enactment of this
title, the Secretary shall promulgate regulations to carry out this
title.
SEC. 614. TRANSITION PROVISIONS.
(a) ASSESSMENT
OF ANNUAL FEES.—For the period of time
determined under subsection (b), the Secretary shall charge each
cabin owner an annual fee as follows:
(1) LOTS NOT APPRAISED SINCE SEPTEMBER 30, 1995.—For
a lot that has not been appraised since September 30, 1995,
the annual fee shall be equal to the amount of the annual
fee in effect on the date of enactment of this title, adjusted
annually to reflect changes in the Implicit Price Deflator-Gross
National Product Index.
(2) LOTS APPRAISED ON OR AFTER SEPTEMBER 30, 1995.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), for a lot that has been appraised on or after September
30, 1995, the annual fee shall be equal to the amount
of the fee in effect on the date of enactment of this title,
adjusted annually to reflect changes in the Implicit Price
Deflator-Gross National Product Index.
(B) APPRAISALS RESULTING IN BASE FEE INCREASE.—
(i) IN GENERAL.—Except as provided in clause (ii),
for a lot that has been appraised on or after September
30, 1995, for which the appraisal resulted in an
increase of the base fee by an amount greater than
$3,000, the annual fee shall be equal to the sum of
$3,000 plus the amount of the annual fee in effect
on October 1, 1996, adjusted annually to reflect the
percentage change in the Implicit Price Deflator-Gross
National Product Index.
(ii) FEES PAID AFTER REQUEST OF NEW APPRAISAL
OR PEER REVIEW.—If—
(I) the cabin owner of a lot described in clause
(i) requests a new appraisal or peer review under
subsection (c); and
(II) the base cabin user fee established as a
result of the appraisal or peer review is determined
to be an amount that is 90 percent or more of
the fee in effect for the lot as determined by an
appraisal conducted on or after September 30,
1995,
the Secretary shall charge the cabin owner, in addition
to the annual fee that would otherwise have been
due under section 609, the difference between the base
cabin user fee determined through the conduct of the
new appraisal or peer review and the annual fee that
would otherwise have been due under section 609,
to be assessed retroactively for each year beginning
with the year in which the previous appraisal was
conducted, and to be paid in 3 equal annual install-
ments.
(b) TERM.—
(1) LOTS NOT APPRAISED SINCE SEPTEMBER 30, 1995.—For
a lot that has not been appraised since September 30, 1995,