In the Senate of the United States,
September 23, 2003.
Resolved, That the bill from the House of Representa-
tives (H.R. 2691) entitled ‘‘An Act to making appropriations
for the Department of the Interior and related agencies for
the fiscal year ending September 30, 2004, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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 fis-
cal year ending September 30, 2004, and for other purposes,
namely:
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TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For necessary expenses for protection, use, improve-
ment, development, disposal, cadastral surveying, classifica-
tion, acquisition 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 Bu-
reau of Land Management, including the general adminis-
tration of the Bureau, and assessment of mineral potential
of public lands pursuant to Public Law 96–487 (16 U.S.C.
3150(a)), $847,091,000, to remain available until expended,
of which $1,000,000 is for high priority projects, to be car-
ried out by the Youth Conservation Corps; $2,484,000 is
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 2004 subject to a match by at least
an equal amount by the National Fish and Wildlife Foun-
dation for cost-shared projects supporting conservation of
Bureau lands; and such funds shall be advanced to the
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Foundation as a lump sum grant without regard to when
expenses are incurred; in addition, $32,696,000 is for Min-
ing Law Administration program operations, including the
cost of administering the mining claim fee program; to re-
main 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
appropriation estimated at not more than $847,091,000;
and $2,000,000, to remain available until expended, from
communication site rental fees established by the Bureau
for the cost of administering communication site activities:
Provided, That appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, suppres-
sion operations, fire science and research, emergency reha-
bilitation, hazardous fuels reduction, and rural fire assist-
ance by the Department of the Interior, $698,725,000, to
remain available until expended, of which not to exceed
$12,374,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such pur-
poses: Provided further, That persons hired pursuant to 43
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U.S.C. 1469 may be furnished subsistence and lodging with-
out cost from funds available from this appropriation: Pro-
vided further, That notwithstanding 42 U.S.C. 1856d, sums
received by a bureau or office of the Department of the Inte-
rior for fire protection rendered pursuant to 42 U.S.C. 1856
et seq., protection of United States property, may be cred-
ited to the appropriation from which funds were expended
to provide that protection, and are available without fiscal
year limitation: Provided further, That using the amounts
designated under this title of this Act, the Secretary of the
Interior may enter into procurement contracts, grants, or
cooperative agreements, for hazardous fuels reduction ac-
tivities, and for training and monitoring associated with
such hazardous fuels reduction activities, on Federal land,
or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That notwith-
standing requirements of the Competition in Contracting
Act, the Secretary, for purposes of hazardous fuels reduction
activities, may obtain maximum practicable competition
among: (A) local private, nonprofit, or cooperative entities;
(B) Youth Conservation Corps crews or related partnerships
with state, local, or non-profit youth groups; (C) small or
micro-businesses; or (D) other entities that will hire or
train locally a significant percentage, defined as 50 percent
or more, of the project workforce to complete such contracts:
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Provided further, That in implementing this section, the
Secretary shall develop written guidance to field units to
ensure accountability and consistent application of the au-
thorities provided herein: Provided further, That funds ap-
propriated under this head may be used to reimburse the
United States Fish and Wildlife Service and the National
Marine Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) to consult and conference, as re-
quired by section 7 of such Act in connection with wildland
fire management activities: Provided further, That the Sec-
retary of the Interior may use wildland fire appropriations
to enter into non-competitive sole source leases of real prop-
erty with local governments, at or below fair market value,
to construct capitalized improvements for fire facilities on
such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments
for any such lease or for construction activity associated
with the lease.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Inte-
rior and any of its component offices and bureaus for the
remedial action, including associated activities, of haz-
ardous waste substances, pollutants, or contaminants pur-
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suant to the Comprehensive Environmental Response, Com-
pensation, and Liability Act, as amended (42 U.S.C. 9601
et seq.), $9,978,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302, sums re-
covered from or paid by a party in advance of or as reim-
bursement for remedial action or response activities con-
ducted 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 in-
clude stocks, bonds or other personal or real property, which
may be retained, liquidated, or otherwise disposed of by the
Secretary and which shall be credited to this account.
CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $12,476,000, to re-
main available until expended.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206,
and 318(d) of Public Law 94–579, including administra-
tive expenses and acquisition of lands or waters, or interests
therein, $25,600,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.
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OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adja-
cent rights-of-way; and acquisition of lands or interests
therein, including existing connecting roads on or adjacent
to such grant lands; $106,672,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Or-
egon 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 sub-
section (b) of title II of the Act of August 28, 1937 (50 Stat.
876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law
102–381, funds made available in the Forest Ecosystem
Health and Recovery Fund can be used for the purpose of
planning, preparing, implementing and monitoring salvage
timber sales and forest ecosystem health and recovery activi-
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ties, such as release from competing vegetation and density
control treatments. The Federal share of receipts (defined
as the portion of salvage timber receipts not paid to the
counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et
seq., and Public Law 106–393) derived from treatments
funded by this account shall be deposited into the Forest
Ecosystem Health and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal range-
lands pursuant to section 401 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701), notwith-
standing 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
processing application documents and other authorizations
for use and disposal of public lands and resources, for costs
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of providing copies of official public land documents, for
monitoring construction, operation, and termination of fa-
cilities in conjunction with use authorizations, and for re-
habilitation 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: Provided,
That notwithstanding any provision to the contrary of sec-
tion 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 set-
tlement, if not appropriate 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 Manage-
ment which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized per-
son, 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.
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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, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain avail-
able 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, for information or evi-
dence concerning violations of laws administered by the Bu-
reau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to
be accounted for solely on her certificate, not to exceed
$10,000: Provided, That notwithstanding 44 U.S.C. 501,
the Bureau may, under cooperative cost-sharing and part-
nership arrangements authorized by law, procure printing
services from cooperators in connection with jointly pro-
duced publications for which the cooperators share the cost
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of printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That section 28 of title
30, United States Code, is amended: (1) in section 28f(a),
by striking ‘‘for years 2002 through 2003’’ and inserting
in lieu thereof ‘‘for years 2004 through 2008’’; and (2) in
section 28g, by striking ‘‘and before September 30, 2003’’
and inserting in lieu thereof ‘‘and before September 30,
2008’’.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, 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 ex-
penditure, contracts, grants, cooperative agreements and re-
imbursable agreements with public and private entities,
$942,244,000, to remain available until September 30,
2005, of which $1,000,000 may be available for the Wildlife
Enhancement and Economic Development Program in
Starkville, Mississippi: Provided, That $2,000,000 is for
high priority projects, which shall be carried out by the
Youth Conservation Corps: Provided further, That not to
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exceed $12,286,000 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, devel-
oping and issuing proposed and final regulations, and tak-
ing any other steps to implement actions described in sub-
section (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not
to exceed $8,900,000 shall be used for any activity regard-
ing the designation of critical habitat, pursuant to sub-
section (a)(3), excluding litigation support, for species al-
ready listed pursuant to subsection (a)(1) as of the date
of enactment of this Act: 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 Sec-
retary and to be accounted for solely on her certificate: Pro-
vided further, That of the amount provided for environ-
mental contaminants, up to $1,000,000 may remain avail-
able until expended for contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or re-
moval of buildings and other facilities required in the con-
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servation, management, investigation, protection, and utili-
zation of fishery and wildlife resources, and the acquisition
of lands and interests therein; $53,285,000, to remain avail-
able until expended.
LAND ACQUISITION
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable
to the United States Fish and Wildlife Service, $64,689,000,
to be derived from the Land and Water Conservation Fund
and to remain available until expended: Provided, That
none of the funds appropriated for specific land acquisition
projects can be used to pay for any administrative over-
head, planning or other management costs.
LANDOWNER INCENTIVE PROGRAM
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried out
on private lands, $40,000,000, to be derived from the Land
and Water Conservation Fund, to remain available until
expended: Provided, That the amount provided herein is for
a Landowner Incentive Program established by the Sec-
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retary that provides matching, competitively awarded
grants to States, the District of Columbia, Tribes, Puerto
Rico, Guam, the United States Virgin Islands, the Northern
Mariana Islands, and American Samoa, to establish or sup-
plement existing landowner incentive programs that pro-
vide technical and financial assistance, including habitat
protection and restoration, to private landowners for the
protection and management of habitat to benefit federally
listed, proposed, candidate or other at-risk species on pri-
vate lands.
STEWARDSHIP GRANTS
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried out
on private lands, $10,000,000, to be derived from the Land
and Water Conservation Fund, to remain available until
expended: Provided, That the amount provided herein is for
a Stewardship Grants Program established by the Secretary
to provide grants and other assistance to individuals and
groups engaged in private conservation efforts that benefit
federally listed, proposed, candidate, or other at-risk species.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531–1543),
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as amended, $86,614,000, of which $36,614,000 is to be de-
rived from the Cooperative Endangered Species Conserva-
tion Fund and $50,000,000 is to be derived from the Land
and Water 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), $14,414,000.
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, $42,982,000, to remain avail-
able until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance
with the Neotropical Migratory Bird Conservation Act,
Public Law 106–247 (16 U.S.C. 6101–6109), $3,000,000,
to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Ele-
phant Conservation Act (16 U.S.C. 4201–4203, 4211–4213,
4221–4225, 4241–4245, and 1538), the Asian Elephant
Conservation Act of 1997 (Public Law 105–96; 16 U.S.C.
4261–4266), the Rhinoceros and Tiger Conservation Act of
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to not more than one-fourth of 1 percent thereof: Provided
further, That the Secretary shall apportion the remaining
amount in the following manner: (A) one-third of which
is based on the ratio to which the land area of such State
bears to the total land area of all such States; and (B) two-
thirds of which is based on the ratio to which the population
of such State bears to the total population of all such States:
Provided further, That the amounts apportioned under this
paragraph shall be adjusted equitably so that no State shall
be apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph
for any fiscal year or more than 5 percent of such amount:
Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects
and the Federal share of implementation grants shall not
exceed 50 percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may
not be derived from Federal grant programs: Provided fur-
ther, That no State, territory, or other jurisdiction shall re-
ceive a grant unless it has developed, or committed to de-
velop by October 1, 2005, a comprehensive wildlife conserva-
tion plan, consistent with criteria established by the Sec-
retary of the Interior, that considers the broad range of the
State, territory, or other jurisdiction’s wildlife and associ-
ated habitats, with appropriate priority placed on those
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species with the greatest conservation need and taking into
consideration the relative level of funding available for the
conservation of those species: Provided further, That any
amount apportioned in 2004 to any State, territory, or
other jurisdiction that remains unobligated as of September
30, 2005, shall be reapportioned, together with funds appro-
priated in 2006, in the manner provided herein: Provided
further, That balances from amounts previously appro-
priated under the heading ‘‘State Wildlife Grants’’ shall be
transferred to and merged with this appropriation and
shall remain available until expended: Provided further,
That up to 10 percent of the funds received by any State
under this heading may be used for wildlife conservation
education and outreach efforts that contribute significantly
to the conservation of wildlife species or wildlife habitat.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 157 passenger motor vehicles, of which
142 are for replacement only (including 33 for police-type
use); repair of damage to public roads within and adjacent
to reservation areas caused by operations of the Service; op-
tions 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
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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 arrange-
ments authorized by law, procure printing services from co-
operators in connection with jointly produced publications
for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service deter-
mines the cooperator is capable of meeting accepted quality
standards: Provided further, That the Service may accept
donated aircraft as replacements for existing aircraft: Pro-
vided further, That notwithstanding any other provision of
law, the Secretary of the Interior may not spend any of
the funds appropriated in this Act for the purchase of lands
or interests in lands to be used in the establishment of any
new unit of the National Wildlife Refuge System unless the
purchase is approved in advance by the House and Senate
Committees on Appropriations in compliance with the re-
programming procedures contained in Senate Report 105–
56.
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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 mainte-
nance service to trucking permittees on a reimbursable
basis), and for the general administration of the National
Park Service, $1,636,299,000, of which, in accordance with
the cooperative agreement entered into between the National
Park Service and the Oklahoma City National Memorial
Trust and numbered 1443CA125002001, $600,000 may be
available for activities of the National Park Service at the
Oklahoma City National Memorial and $1,600,000 may be
available to the Oklahoma City National Memorial Trust,
of which $10,887,000 is for planning and interagency co-
ordination in support of Everglades restoration and shall
remain available until expended; of which $96,480,000, to
remain available until September 30, 2005, is for mainte-
nance, repair or rehabilitation projects for constructed as-
sets, operation of the National Park Service automated fa-
cility management software system, and comprehensive fa-
cility condition assessments; and of which $2,000,000 is for
the Youth Conservation Corps for high priority projects:
Provided further, That the only funds in this account which
may be made available to support United States Park Po-
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lice are those funds approved for emergency law and order
incidents pursuant to established National Park Service
procedures, those funds needed to maintain and repair
United States Park Police administrative facilities, and
those funds necessary to reimburse the United States Park
Police account for the unbudgeted overtime and travel costs
associated with special events for an amount not to exceed
$10,000 per event subject to the review and concurrence of
the Washington headquarters office.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of
the United States Park Police, $78,349,000.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage part-
nership programs, environmental compliance and review,
international park affairs, statutory or contractual aid for
other activities, and grant administration, not otherwise
provided for, $60,154,000, of which $175,000 may be avail-
able for activities to commemorate the Louisiana Purchase
at the Jean Lafitte National Historical Park and Preserve
in the State of Louisiana.
URBAN PARK AND RECREATION FUND
For expenses necessary to carry out the provisions of
the Urban Park and Recreation Recovery Act of 1978 (16
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U.S.C. 2501 et seq.), $305,000, to remain available until
expended.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and
the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104–333), $75,750,000, to be derived
from the Historic Preservation Fund, to remain available
until September 30, 2005: Provided, That, of the amount
provided herein, $500,000, to remain available until ex-
pended, is for a grant for the perpetual care and mainte-
nance of National Trust Historic Sites, as authorized under
16 U.S.C. 470a(e)(2), to be made available in full upon
signing of a grant agreement: Provided further, That, not-
withstanding any other provision of law, these funds shall
be available for investment with the proceeds to be used for
the same purpose as set out herein: Provided further, That
of the total amount provided, $32,000,000 shall be for Save
America’s Treasures for priority preservation projects, of
nationally significant sites, structures, and artifacts: Pro-
vided further, That any individual Save America’s Treas-
ures 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
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and the Secretary of the Interior in consultation with the
President’s Committee on the Arts and Humanities prior
to the commitment of grant funds: Provided further, That
Save America’s Treasures funds allocated for Federal
projects, following approval, shall be available by transfer
to appropriate accounts of individual agencies.
CONSTRUCTION
For construction, improvements, repair or replacement
of physical facilities, including the modifications authorized
by section 104 of the Everglades National Park Protection
and Expansion Act of 1989, $342,131,000, to remain avail-
able until expended, of which $300,000 for the L.Q.C.
Lamar House National Historic Landmark and $375,000
for the Sun Watch National Historic Landmark shall be
derived from the Historic Preservation Fund pursuant to
16 U.S.C. 470a and of which $600,000 shall be available
for the planning and design of the Mesa Verde Cultural
Center in the State of Colorado, and of which $50,000 shall
be available for the construction of a statue of Harry S Tru-
man in Union Station in Kansas City, Missouri, and of
which $4,289,000 shall be available for the construction of
a security fence for the Jefferson National Expansion Me-
morial in the State of Missouri: Provided, That none of the
funds in this or any other Act, may be used to pay the
salaries and expenses of more than 160 Full Time Equiva-
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lent personnel working for the National Park Service’s Den-
ver Service Center funded under the construction program
management and operations activity: Provided further,
That none of the funds provided in this or any other Act
may be used to pre-design, plan, or construct any new facil-
ity (including visitor centers, curatorial facilities, adminis-
trative buildings), for which appropriations have not been
specifically provided if the net construction cost of such fa-
cility is in excess of $5,000,000, without prior approval of
the House and Senate Committees on Appropriations: Pro-
vided further, That none of the funds provided in this or
any other Act may be used for planning, design, or con-
struction of any underground security screening or visitor
contact facility at the Washington Monument until such fa-
cility has been approved in writing by the House and Sen-
ate Committees on Appropriations: Provided further, That
this restriction applies to all funds available to the National
Park Service, including partnership and fee demonstration
projects.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2004
by 16 U.S.C. 4601–10a is rescinded.
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LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and
Water Conservation Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses, and
for acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $158,473,000, to be derived from the
Land and Water Conservation Fund and to remain avail-
able until expended, of which $104,000,000 is for the State
assistance program including not to exceed $4,000,000 for
the administration of this program: Provided, That none
of the funds provided for the State assistance program may
be used to establish a contingency fund.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 249 passenger
motor vehicles, of which 202 shall be for replacement only,
including not to exceed 193 for police-type use, 10 buses,
and 8 ambulances: Provided, That none of the funds appro-
priated 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
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been submitted to the Congress and shall not be imple-
mented prior to 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 3 cal-
endar days to a day certain) from the receipt by the Speak-
er of the House of Representatives and the President of the
Senate of a full and comprehensive report on the develop-
ment of the southern end of Ellis Island, including the facts
and circumstances relied upon in support of the proposed
project: Provided further, That the National Park Service
may make a grant of not to exceed $70,000 for the construc-
tion of a memorial in Cadillac, Michigan in honor of Kris
Eggle.
None of the funds in this Act may be spent by the Na-
tional 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 safe-
ty, and to encourage employees receiving workers’ com-
pensation benefits pursuant to chapter 81 of title 5, United
States Code, to return to appropriate positions for which
they are medically able.
Notwithstanding any other provision of law, in fiscal
year 2004, with respect to the administration of the Na-
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tional Park Service park pass program by the National
Park Foundation, the Secretary may obligate to the Foun-
dation administrative funds expected to be received in that
fiscal year before the revenues are collected, so long as total
obligations in the administrative account do not exceed
total revenue collected and deposited in that account by the
end of the fiscal year.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research cov-
ering topography, geology, hydrology, biology, and the min-
eral 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 per-
mittees and Federal Energy Regulatory Commission licens-
ees; 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 proc-
essing 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; $928,864,000, of which
$64,630,000 shall be available only for cooperation with
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States or municipalities for water resources investigations;
and of which $15,499,000 shall remain available until ex-
pended for conducting inquiries into the economic condi-
tions affecting mining and materials processing industries;
and of which $250,000 may be available to improve seismic
monitoring and hazard assessment in the Jackson Hole-Yel-
lowstone area of Wyoming; and of which $8,000,000 shall
remain available until expended for satellite operations;
and of which $23,230,000 shall be available until September
30, 2005, for the operation and maintenance of facilities
and deferred maintenance; of which $169,580,000 shall be
available until September 30, 2005, for the biological re-
search activity and the operation of the Cooperative Re-
search 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 author-
ized 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 municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geo-
logical Survey shall be available for the purchase of not to
exceed 53 passenger motor vehicles, of which 48 are for re-
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placement only; reimbursement to the General Services Ad-
ministration for security guard services; contracting for the
furnishing of topographic maps and for the making of geo-
physical or other specialized surveys when it is administra-
tively determined that such procedures are in the public in-
terest; 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 compensa-
tion 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 appropriations herein made may be ac-
complished through the use of contracts, grants, or coopera-
tive 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 envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only, $166,016,000, of which $80,396,000
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shall be available for royalty management activities; and
an amount not to exceed $100,230,000, 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 collec-
tions for Outer Continental Shelf administrative activities
performed by the Minerals Management Service (MMS)
over and above the rates in effect on September 30, 1993,
and from additional fees for Outer Continental Shelf ad-
ministrative activities established after September 30, 1993:
Provided, That to the extent $100,230,000 in additions to
receipts are not realized from the sources of receipts stated
above, the amount needed to reach $100,230,000 shall be
credited to this appropriation from receipts resulting from
rental rates for Outer Continental Shelf leases in effect be-
fore August 5, 1993: Provided further, That $3,000,000 for
computer acquisitions shall remain available until Sep-
tember 30, 2005: 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 rea-
sonable expenses related to promoting volunteer beach and
marine cleanup activities: Provided further, That notwith-
standing any other provision of law, $15,000 under this
heading shall be available for refunds of overpayments in
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HR 2691 EAS
connection with certain Indian leases in which the Director
of MMS concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct
prior unrecoverable erroneous payments: Provided further,
That MMS may under the royalty-in-kind pilot program,
or under its authority to transfer oil to the Strategic Petro-
leum Reserve, 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 up-
stream pooling points, and to process or otherwise dispose
of royalty production taken in kind, and to recover MMS
transportation costs, salaries, and other administrative
costs directly related to filling the Strategic Petroleum Re-
serve: Provided further, That MMS shall analyze and docu-
ment the expected return in advance of any royalty-in-kind
sales to assure to the maximum extent practicable that roy-
alty income under the pilot program is equal to or greater
than royalty income recognized under a comparable roy-
alty-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,
$7,105,000, which shall be derived from the Oil Spill Liabil-
ity Trust Fund, to remain available until expended.
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OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of
the Surface Mining Control and Reclamation Act of 1977,
Public Law 95–87, as amended, including the purchase of
not to exceed 10 passenger motor vehicles, for replacement
only; $106,424,000: Provided, That the Secretary of the In-
terior, pursuant to regulations, may use directly or through
grants to States, moneys collected in fiscal year 2004 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 Of-
fice 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 Rec-
lamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Sur-
face 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,
$190,893,000, to be derived from receipts of the Abandoned
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HR 2691 EAS
Mine Reclamation Fund and to remain available until ex-
pended; of which up to $10,000,000, to be derived from the
Federal Expenses Share of the Fund, shall be for supple-
mental grants to States for the reclamation of abandoned
sites with acid mine rock drainage from coal mines, and
for associated activities, through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum pro-
gram States will be $1,500,000 per State in fiscal year
2004: 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 avail-
able 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 Government for the purpose of environ-
mental restoration related to treatment 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 Reclamation
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
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HR 2691 EAS
is deposited in an acid mine drainage abatement and treat-
ment 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 be-
fore 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 com-
plete all Surface Mining Control and Reclamation Act pri-
ority one projects.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian pro-
grams, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter-
mination 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,
$1,912,178,000, to remain available until September 30,
2005 except as otherwise provided herein, of which not to
exceed $87,925,000 shall be for welfare assistance payments
and notwithstanding any other provision of law, including
but not limited to the Indian Self-Determination Act of
1975, as amended, not to exceed $135,315,000 shall be
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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 2004,
as authorized by such Act, except that tribes and tribal or-
ganizations may use their tribal priority allocations for
unmet indirect costs of ongoing contracts, grants, or com-
pacts, or annual funding agreements and for unmet welfare
assistance costs; and of which not to exceed $458,524,000
for school operations costs of Bureau-funded schools and
other education programs shall become available on July
1, 2004, and shall remain available until September 30,
2005; and of which not to exceed $55,766,000 shall remain
available until expended for housing improvement, road
maintenance, attorney fees, litigation support, the Indian
Self-Determination Fund, land records improvement, and
the Navajo-Hopi Settlement Program: Provided, That not-
withstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, and 25 U.S.C. 2008, not to exceed $46,182,000
within and only from such amounts made available for
school operations shall be available to tribes and tribal or-
ganizations for administrative cost grants associated with
ongoing grants entered into with the Bureau prior to or
during fiscal year 2003 for the operation of Bureau-funded
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HR 2691 EAS
schools, and up to $3,000,000 within and only from such
amounts made available for school operations shall be avail-
able for the transitional costs of initial administrative cost
grants to tribes and tribal organizations that enter into
grants for the operation on or after July 1, 2004 of Bureau-
operated schools: Provided further, That any forestry funds
allocated to a tribe which remain unobligated as of Sep-
tember 30, 2005, may be transferred during fiscal year 2006
to an Indian forest land assistance account established for
the benefit of such tribe within the tribe’s trust fund ac-
count: Provided further, That any such unobligated bal-
ances not so transferred shall expire on September 30, 2006:
Provided further, That $48,115,000 shall be for operating
grants for Tribally Controlled Community Colleges, and
$34,710,000 shall be for Information Resources Technology.
CONSTRUCTION
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities,
and other facilities, including architectural and engineering
services by contract; acquisition of lands, and interests in
lands; and preparation of lands for farming, and for con-
struction of the Navajo Indian Irrigation Project pursuant
to Public Law 87–483, $351,154,000, to remain available
until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irriga-
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HR 2691 EAS
tion Project may be transferred to the Bureau of Reclama-
tion: Provided further, That not to exceed 6 percent of con-
tract 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: Pro-
vided 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 2004, in implementing new construc-
tion 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 Pro-
grams contained in 43 CFR part 12 as the regulatory re-
quirements: Provided further, That such grants shall not
be subject to section 12.61 of 43 CFR; the Secretary and
the grantee shall negotiate and determine a schedule of pay-
ments 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 fi-
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nancial 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 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 indi-
viduals 
and 
for 
necessary 
administrative 
expenses,
$50,583,000, to remain available until expended; of which
$31,766,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 101–618, 107–331, and 102–575, and for
implementation of other enacted water rights settlements;
and of which $18,817,000 shall be available pursuant to
Public Laws 99–264, 100–580, 106–425, and 106–554.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans,
$5,797,000, 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 fur-
ther, That these funds are available to subsidize total loan
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HR 2691 EAS
principal, any part of which is to be guaranteed, not to
exceed $94,568,000.
In addition, for administrative expenses to carry out
the guaranteed and insured loan programs, $700,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts and grants, either di-
rectly or in cooperation with States and other organiza-
tions.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian
Affairs may contract for services in support of the manage-
ment, operation, and maintenance of the Power Division
of the San Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guarantee
and insurance fund, and the Indian Guaranteed Loan Pro-
gram 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 or pooled overhead general administration (ex-
cept facilities operations and maintenance) shall be avail-
able for tribal contracts, grants, compacts, or cooperative
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HR 2691 EAS
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 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 assistance to public schools under 25 U.S.C. 452
et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other
Act for schools funded by the Bureau shall be available only
to the schools in the Bureau school system as of September
1, 1996. No funds available to the Bureau shall be used to
support expanded grades for any school or dormitory be-
yond the grade structure in place or approved by the Sec-
retary 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
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HR 2691 EAS
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 char-
ter 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 char-
ter 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 Bu-
reau-funded schools sharing a campus with a charter school
and performing functions related to the charter school’s op-
eration and employees of a charter school shall not be treat-
ed as Federal employees for purposes of chapter 171 of title
28, United States Code.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$71,343,000, of which: (1) $65,022,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
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HR 2691 EAS
controls, coral reef initiative activities, and brown tree
snake control and research; grants to the judiciary in Amer-
ican 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 Law 94–241; 90 Stat.
272); and (2) $6,321,000 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 agencies or instrumentalities established or used by such
governments, may be audited by the General Accounting Of-
fice, 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 Assist-
ance for the Northern Mariana Islands approved by Public
Law 104–134: Provided further, That of the amounts pro-
vided for technical assistance, sufficient funding shall be
made available for a grant to the Close Up Foundation:
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HR 2691 EAS
Provided further, That the funds for the program of oper-
ations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance im-
provement of capital infrastructure with territorial partici-
pation and cost sharing to be determined by the Secretary
based on the grantee’s commitment to timely maintenance
of its capital assets: Provided further, That any appropria-
tion for disaster assistance under this heading in this Act
or previous appropriations Acts may be used as non-Fed-
eral 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 grants and necessary expenses, $6,125,000, as pro-
vided for in sections 221(a)(2), 221(b), and 233 of the Com-
pact of Free Association for the Republic of Palau, section
103(h)(2) of the Compact of Free Association Act of 1985,
and section 221(a)(2) of the Amended Compacts of Free As-
sociation for the Federated States of Micronesia and the Re-
public of the Marshall Islands, to remain available until
expended.
For grants and necessary expenses as provided for in
sections 211, 212, 213, and 218 of the Amended Compact
of Free Association for the Republic of the Marshall Islands
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and as provided for in sections 211, 212, and 217 of the
Amended Compact of Free Association for the Federated
States of Micronesia, all sums that are or may be required
in this and subsequent years are appropriated, to remain
available until expended, and shall be drawn from the
Treasury, to become available for obligation only upon en-
actment of proposed legislation to approve the amended
Compacts of Free Association as identified in the Presi-
dent’s fiscal year 2004 budget.
For grants and necessary expenses, $15,000,000, for
impact of the Compacts on certain U.S. areas in this and
subsequent years are appropriated, to remain available
until expended, and shall be drawn from the Treasury, to
become available for obligation only upon enactment of pro-
posed legislation to approve the amended Compacts of Free
Association as identified in the President’s fiscal year 2004
budget: Provided, That for purposes of assistance as pro-
vided pursuant to this appropriation, the effective dates of
the amended Compacts of Free Association shall be October
1, 2003.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the Depart-
ment of the Interior, $78,433,000, of which not to exceed
$8,500 may be for official reception and representation ex-
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HR 2691 EAS
penses, and of which up to $1,000,000 shall be available
for workers compensation payments and unemployment
compensation payments associated with the orderly closure
of the United States Bureau of Mines: Provided, That of
this amount, sufficient funds may be available for the Sec-
retary of the Interior, not later than 60 days after the last
day of the fiscal year, to submit to Congress a report on
the amount of acquisitions made by the Department of the
Interior during such fiscal year of articles, materials, or
supplies that were manufactured outside the United States.
Such report shall separately indicate the dollar value of any
articles, materials, or supplies purchased by the Depart-
ment of the Interior that were manufactured outside the
United States, an itemized list of all waivers under the Buy
American Act (41 U.S.C. 10a et seq.) that were granted
with respect to such articles, materials, or supplies, and a
summary of total procurement funds spent on goods manu-
factured in the United States versus funds spent on goods
manufactured outside of the United States. The Secretary
of the Interior shall make the report publicly available by
posting the report on an Internet website.
Of the unobligated balances in the Special Foreign
Currency account, $1,400,000 are hereby canceled.
WORKING CAPITAL FUND
For the acquisition of a departmental financial and
business management system, $11,700,000, to remain avail-
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HR 2691 EAS
able until expended: Provided, That from unobligated bal-
ances under this heading, $11,700,000 are hereby canceled.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October
20, 
1976, 
as 
amended 
(31 
U.S.C. 
6901–6907),
$230,000,000, of which not to exceed $400,000 shall be
available for administrative expenses: 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.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$50,179,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector Gen-
eral, $37,474,000, of which $3,812,000 shall be for procure-
ment by contract of independent auditing services to audit
the consolidated Department of the Interior annual finan-
cial statement and the annual financial statement of the
Department of the Interior bureaus and offices funded in
this Act.
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HR 2691 EAS
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts,
and grants, $219,641,000, of which $75,000,000 shall be
available for historical accounting, to remain available
until expended: Provided, That funds for trust management
improvements and litigation support may, as needed, be
transferred to or merged with the Bureau of Indian Affairs,
‘‘Operation of Indian Programs’’ account; the Office of the
Solicitor, ‘‘Salaries and Expenses’’ account; and the De-
partmental Management, ‘‘Salaries and Expenses’’ account:
Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated
during fiscal year 2004, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grant-
ee: Provided further, That notwithstanding any other provi-
sion of law, the statute of limitations shall not commence
to run on any claim, including any claim in litigation
pending on the date of the enactment of this Act, concerning
losses to or mismanagement of trust funds, until the affected
tribe or individual Indian has been furnished with an ac-
counting of such funds from which the beneficiary can de-
termine whether there has been a loss: Provided further,
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HR 2691 EAS
That notwithstanding any other provision of law, the Sec-
retary shall not be required to provide a quarterly statement
of performance for any Indian trust account that has not
had activity for at least 18 months and has a balance of
$1.00 or less: Provided further, That the Secretary shall
issue an annual account statement and maintain a record
of any such accounts and shall permit the balance in each
such account to be withdrawn upon the express written re-
quest of the account holder: Provided further, That not to
exceed $50,000 is available for the Secretary to make pay-
ments to correct administrative errors of either disburse-
ments from or deposits to Individual Indian Money or
Tribal accounts after September 30, 2002: Provided further,
That erroneous payments that are recovered shall be cred-
ited to and remain available in this account for this pur-
pose.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian
lands and expenses associated with redetermining and re-
distributing escheated interests in allotted lands, and for
necessary expenses to carry out the Indian Land Consolida-
tion Act of 1983, as amended, by direct expenditure or coop-
erative agreement, $22,980,000, to remain available until
expended.
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NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior nec-
essary to carry out the provisions of the Comprehensive En-
vironmental 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 avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That 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.
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GENERAL PROVISIONS, DEPARTMENT OF THE
INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoidable
causes: Provided, That no funds shall be made available
under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pur-
suant 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 supple-
mental appropriation which must be requested as promptly
as possible.
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget programs
of the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its ju-
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risdiction; for emergency actions related to potential or ac-
tual earthquakes, floods, volcanoes, storms, or other un-
avoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the pre-
vention, 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 Reclamation
and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the 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 pre-
ceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equip-
ment in connection with their use for wildland fire oper-
ations, 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
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determines that funds appropriated for ‘‘wildland fire oper-
ations’’ shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pursu-
ant to section 502 of H. Con. Res. 95, the concurrent resolu-
tion on the budget for fiscal year 2004, and must be replen-
ished by a supplemental appropriation which must be re-
quested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro
rata basis, accounts from which emergency funds were
transferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any other
activity in the same manner as authorized by sections 1535
and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equip-
ment, and for services rendered may be credited to the ap-
propriation 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 Sec-
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retary, in total amount not to exceed $500,000; hire, main-
tenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service
in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of
dues, when authorized by the Secretary, for library member-
ship in societies or associations which issue publications to
members only or at a price to members lower than to sub-
scribers 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 con-
tracts issued for services 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 ex-
pended 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.
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SEC. 108. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct offshore
oil and natural gas preleasing, leasing and related activi-
ties 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 Pro-
gram, 1997–2002.
SEC. 109. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct oil and
natural gas preleasing, leasing and related activities in the
Mid-Atlantic and South Atlantic planning areas.
SEC. 110. Notwithstanding any other provisions of
law, the National Park Service shall not develop or imple-
ment a reduced entrance fee program to accommodate non-
local travel through a unit. The Secretary may provide for
and regulate local non-recreational passage through units
of the National Park System, allowing each unit to develop
guidelines and permits for such activity 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 Con-
trolled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
be invested by the Indian tribe, tribal organization, or con-
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sortium 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 organiza-
tion, or consortium only in obligations of the United
States, or in obligations or securities that are guaran-
teed or insured by the United States, or mutual (or
other) funds registered with the Securities and Ex-
change Commission and which only invest in obliga-
tions of the United States or securities that are guar-
anteed 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 available unobli-
gated balances from prior appropriations Acts made under
the same headings, shall be available for expenditure or
transfer for Indian trust management and reform activities.
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 require-
ments of chapter 10 of title 25, United States Code, are
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deemed satisfied by a proceeding 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 provi-
sions 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 In-
dian probate judge may be paid at a level which exceeds
the maximum rate payable for the highest grade of the Gen-
eral 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 inaccurate distribution meth-
odologies. No tribe shall receive a reduction in Tribal Pri-
ority Allocation funds of more than 10 percent in fiscal
year 2004. Under circumstances of dual enrollment, over-
lapping service areas or inaccurate distribution methodolo-
gies, the 10 percent limitation does not apply.
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SEC. 115. Funds appropriated for the Bureau of In-
dian 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 Postsec-
ondary Funding Formula adopted by the Office of Indian
Education Programs.
SEC. 116. (a) The Secretary of the Interior shall here-
after 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 conveying the Twin Cities Research Center under the au-
thority provided by Public Law 104–134, as amended by
Public Law 104–208, the Secretary may accept and retain
land and other forms of reimbursement: Provided, That the
Secretary may retain and use any such reimbursement
until expended and without further appropriation: (1) for
the benefit of the National Wildlife Refuge System within
the State of Minnesota; and (2) for all activities authorized
by Public Law 100–696; 16 U.S.C. 460zz.
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SEC. 118. Notwithstanding other provisions of law, the
National Park Service may authorize, through cooperative
agreement, the Golden Gate National Parks Association to
provide fee-based education, interpretive and visitor service
functions within the Crissy Field and Fort Point areas of
the Presidio.
SEC. 119. Notwithstanding 31 U.S.C. 3302(b), sums
received by the Bureau of Land Management for the sale
of seeds or seedlings including those collected in fiscal year
2003, may be credited to the appropriation from which
funds were expended to acquire or grow the seeds or seed-
lings and are available without fiscal year limitation.
SEC. 120. Subject to the terms and conditions of sec-
tion 126 of the Department of the Interior and Related
Agencies Act, 2002, the Administrator of General Services
shall sell all right, title, and interest of the United States
in and to the improvements and equipment of the White
River Oil Shale Mine.
SEC. 121. The Secretary of the Interior may use or
contract for the use of helicopters or motor vehicles on the
Sheldon and Hart National Wildlife Refuges for the purpose
of capturing and transporting horses and burros. The provi-
sions of subsection (a) of the Act of September 8, 1959 (18
U.S.C. 47(a)) shall not be applicable to such use. Such use
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shall be in accordance with humane procedures prescribed
by the Secretary.
SEC. 122. Of the funds made available under the head-
ing ‘‘Bureau of Land Management, Land Acquisition’’ in
title I of the Department of the Interior and Related Agen-
cies Appropriation Act, 2002 (115 Stat. 420), the Secretary
of the Interior shall grant $500,000 to the City of St.
George, Utah, for the purchase of the land as provided in
the Virgin River Dinosaur Footprint Preserve Act (116
Stat. 2896), with any surplus funds available after the pur-
chase to be available for the purpose of the preservation of
the land and the paleontological resources on the land.
SEC. 123. Funds provided in this Act for Federal land
acquisition by the National Park Service for the Ice Age
National Scenic Trail may be used for a grant to a State,
a local government, or any other governmental land man-
agement entity for the acquisition of lands without regard
to any restriction on the use of Federal land acquisition
funds provided through the Land and Water Conservation
Fund Act of 1965 as amended.
SEC. 124. None of the funds made available by this
Act may be obligated or expended by the National Park
Service to enter into or implement a concession contract
which permits or requires the removal of the underground
lunchroom at the Carlsbad Caverns National Park.
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SEC. 125. The Secretary of the Interior may use discre-
tionary funds to pay private attorneys fees and costs for
employees and former employees of the Department of the
Interior reasonably incurred in connection with Cobell v.
Norton to the extent that such fees and costs are not paid
by the Department of Justice or by private insurance. In
no case shall the Secretary make payments under this sec-
tion that would result in payment of hourly fees in excess
of the highest hourly rate approved by the District Court
for the District of Columbia for counsel in Cobell v. Norton.
SEC. 126. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect threat-
ened and endangered species of salmon, implement a system
of mass marking of salmonid stocks, intended for harvest,
that are released from Federally operated or Federally fi-
nanced hatcheries including but not limited to fish releases
of coho, chinook, and steelhead species. Marked fish must
have a visible mark that can be readily identified by com-
mercial and recreational fishers.
SEC. 127. Section 134 of Public Law 107–63 (115
Stat. 442–443) is amended by striking the proviso thereto
and inserting the following: ‘‘Provided, That nothing in this
section affects the decision of the United States Court of
Appeals for the 10th Circuit in Sac and Fox Nation v. Nor-
ton, 240 F.3d 1250 (2001): Provided further, That nothing
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in this section permits the conduct of gaming under the In-
dian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on
land described in section 123 of Public Law 106–291 (114
Stat. 944–945), or land that is contiguous to that land, re-
gardless of whether the land or contiguous land has been
taken into trust by the Secretary of the Interior.’’.
SEC. 128. No funds appropriated for the Department
of the Interior by this Act or any other Act shall be used
to study or implement any plan to drain Lake Powell or
to reduce the water level of the lake below the range of water
levels required for the operation of the Glen Canyon Dam.
SEC. 129. Notwithstanding the limitation in subpara-
graph (2)(B) of section 18(a) of the Indian Gaming Regu-
latory Act (25 U.S.C. 2717(a)), the total amount of all fees
imposed by the National Indian Gaming Commission for
fiscal year 2005 shall not exceed $12,000,000.
SEC. 130. None of the funds in this Act may be used
to fund Cooperative Ecosystem Studies Units in the State
of Alaska.
SEC. 131. The State of Utah’s contribution require-
ment pursuant to Public Law 105–363 shall be deemed to
have been satisfied and within thirty days of enactment of
this Act, the Secretary of the Interior shall transfer to the
State of Utah all right, title, and interest of the United
States in and to the Wilcox Ranch lands acquired under
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section 2(b) of Public Law 105–363, for management by
the Utah Division of Wildlife Resources for wildlife habitat
and public access.
SEC. 132. Upon enactment of this Act, the Congaree
Swamp National Monument shall be designated the Con-
garee National Park.
SEC. 133. The Secretary shall have no more than one
hundred and eighty days from October 1, 2003, to prepare
and submit to the Congress, in a manner otherwise con-
sistent with the Indian Tribal Judgment Funds Use or Dis-
tribution Act (25 U.S.C. 1401 et seq.), plans for the use
and distribution of the Mescalero Apache Tribe’s Judgment
Funds from Docket 92–403L, the Pueblo of Isleta’s Judg-
ment Funds from Docket 98–166L, and the Assiniboine and
Sioux Tribes of the Fort Peck Reservation’s Judgment
Funds in Docket No. 773–87–L of the United States Court
of Federal Claims; each plan shall become effective upon
the expiration of a sixty day period beginning on the day
each plan is submitted to the Congress.
SEC. 134. Notwithstanding any implementation of the
Department 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 Community, the Confed-
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erated Salish-Kootenai Tribes of the Flathead Reservation
and the Chippewa Cree Tribe of the Rocky Boys Reservation
and the Bureau of Indian Affairs Regional offices that serve
them, on the same basis as funds were distributed in fiscal
year 2003. The Demonstration Project shall operate sepa-
rate and apart from the Department of the Interior’s trust
reform reorganization, and the Department shall not im-
pose its trust management infrastructure upon or alter the
existing trust resource management systems of the Cali-
fornia Trust Reform Consortium and any other partici-
pating tribe having a self-governance compact and oper-
ating in accordance with the Tribal Self-Governance Pro-
gram set forth in 25 U.S.C. Sections 458aa–458hh.
SEC. 135. Not later than December 31 of each year,
the Secretary of the Interior shall submit to Congress a re-
port on the competitive sourcing activities on the list re-
quired under the Federal Activities Inventory Reform Act
of 1998 (Public Law 105-270; 31 U.S.C. 501 note) that were
performed for the Department of the Interior during the
previous fiscal year by Federal Government sources. The re-
port shall include—
(1) the total number of competitions completed;
(2) the total number of competitions announced,
together with a list of the activities covered by such
competitions;
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(3) the total number of full-time equivalent Fed-
eral employees studied under completed competitions;
(4) the total number of full-time equivalent Fed-
eral employees being studied under competitions an-
nounced, but not completed;
(5) the incremental cost directly attributable to
conducting the competitions identified under para-
graphs (1) and (2), including costs attributable to
paying outside consultants and contractors;
(6) an estimate of the total anticipated savings,
or a quantifiable description of improvements in serv-
ice or performance, derived from completed competi-
tions;
(7) actual savings, or a quantifiable description
of improvements in service or performance, derived
from the implementation of competitions completed
after May 29, 2003;
(8) the total projected number of full time equiv-
alent Federal employees covered by competitions
scheduled to be announced in the fiscal year covered
by the next report required under this section; and
(9) a general description of how the competitive
sourcing decisionmaking processes of the Department
of the Interior are aligned with the strategic workforce
plan of that department.
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SEC. 136. (a) PAYMENT TO THE HARRIET TUBMAN
HOME, AUBURN, NEW YORK, AUTHORIZED.—(1) The Sec-
retary 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 var-
ious laws authorizing pension 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 pur-
poses of—
(1) preserving and maintaining the Harriet
Tubman Home; and
(2) honoring the memory of Harriet Tubman.
SEC. 137. 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 re-
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cently 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. Noth-
ing in this section shall be deemed to extend the nonrenew-
able permits beyond the standard one-year term.
SEC. 138. INTERIM COMPENSATION PAYMENTS. Sec-
tion 2303(b) of Public Law 106–246 (114 Stat. 549) is
amended by inserting before the period at the end the fol-
lowing: ‘‘, unless the amount of the interim compensation
exceeds the amount of the final compensation’’.
SEC. 139. APPLICATIONS FOR WAIVERS OF MAINTE-
NANCE FEES. Section 10101f(d)(3) of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)) is amend-
ed by inserting after ‘‘reason’’ the following: ‘‘(including,
with respect to any application filed on or after January
1, 1999, the filing of the application after the statutory
deadline)’’.
SEC. 140. 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 erec-
tion, placement, or use of structures and signs bearing com-
mercial advertising. The Secretary may allow for recogni-
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tion of sponsors of special events: Provided, That the size
and form of the recognition shall be consistent with the spe-
cial nature and sanctity of the Mall and any lettering or
design identifying the sponsor shall be no larger than one-
third the size of the lettering or design identifying the spe-
cial 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 mean-
ing given to it by section 7.96(g)(1)(ii) of title 36, Code
of Federal Regulations.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland re-
search as authorized by law, $266,180,000, to remain avail-
able until expended.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and pro-
viding technical and financial assistance to States, terri-
tories, possessions, and others, and for forest health manage-
ment, including treatments of pests, pathogens, and
invasive or noxious plants, and for restoring and rehabili-
tating forests damaged by pests or invasive plants, coopera-
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tive forestry, and education and land conservation activi-
ties and conducting an international program as author-
ized, $295,349,000, to remain available until expended, of
which $84,716,000 is to be derived from the Land and
Water Conservation Fund: Provided, That each forest leg-
acy grant shall be for a specific project or set of specific
tasks: Provided further, That grants for acquisition of lands
or conservation easements shall require that the State dem-
onstrates that 25 percent of the total value of the project
is comprised of a non-Federal cost share: Provided further,
That up to $2,000,000 may be used by the Secretary solely
for: (1) rapid response to new introductions of non-native
or invasive pests or pathogens in which no previous federal
funding has been identified to address, or (2) for a limited
number of instances in which any pest populations increase
at over 150 percent of levels monitored for that species in
the immediately preceding fiscal year and failure to sup-
press those popultions would lead to a 10-percent increase
of annual forest or stand mortality over ambient mortality
levels.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not other-
wise provided for, for management, protection, improve-
ment, and utilization of the National Forest System,
$1,370,731,000, to remain available until expended, which
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shall include 50 percent of all moneys received during prior
fiscal years as fees collected under the Land and Water Con-
servation Fund Act of 1965, as amended, in accordance
with section 4 of the Act (16 U.S.C. 460l–6a(i)), of which
$200,000 may be for necessary expenses related to a land
exchange between the State of Montana and the Lolo Na-
tional Forest: Provided, That unobligated balances avail-
able 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 ex-
penditure or transfer of such sums as necessary to the De-
partment of the Interior, Bureau of Land Management, for
removal, preparation, and adoption of excess wild horses
and burros, and for the performance of cadastral surveys
to designate the boundaries of such lands from National
Forest System 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
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established by the Secretary of Agriculture: Provided fur-
ther, That within funds available for the purpose of imple-
menting the Valles Caldera Preservation Act, notwith-
standing 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 liabil-
ities 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 rehabilita-
tion of burned-over National Forest System lands and
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water, $1,543,072,000, 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 purposes: Provided further, That such funds may
be available to reimburse State and other cooperating enti-
ties for services provided in response to wildfire and other
emergencies or disasters: Provided further, That not less
than 50 percent of any unobligated balances remaining (ex-
clusive 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 estab-
lished pursuant to section 3 of Public Law 71–319 (16
U.S.C. 576 et seq.): Provided further, That notwithstanding
any other provision of law, $8,000,000 of funds appro-
priated under this appropriation shall be used for Fire
Science Research in support of the Joint Fire Science Pro-
gram: Provided further, That all authorities for the use of
funds, including the use of contracts, grants, and coopera-
tive agreements, available to execute the Forest and Range-
land Research appropriation, are also available in the utili-
zation of these funds for Fire Science Research: Provided
further, That funds provided shall be available for emer-
gency rehabilitation and restoration, hazardous fuels reduc-
tion activities in the urban-wildland interface, support to
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Federal emergency response, and wildfire suppression ac-
tivities of the Forest Service: Provided further, That of the
funds provided, $231,392,000 is for hazardous fuels reduc-
tion activities, $21,427,000 is for research activities and to
make competitive research grants pursuant to the Forest
and Rangeland Renewable Resources Research Act, as
amended (16 U.S.C. 1641 et seq.), $47,752,000 is for State
fire assistance, $8,240,000 is for volunteer fire assistance,
and $11,934,000 is for forest health activities on State, pri-
vate, and Federal lands: Provided further, That amounts
in this paragraph may be transferred to the ‘‘State and
Private Forestry’’, ‘‘National Forest System’’, and ‘‘Forest
and Rangeland Research’’ accounts to fund State fire assist-
ance, volunteer fire assistance, forest health management,
forest and rangeland research, vegetation and watershed
management, heritage site rehabilitation, wildlife and fish
habitat management, and restoration: Provided further,
That transfers of any amounts in excess of those authorized
in this paragraph shall require approval of the House and
Senate Committees on Appropriations in compliance with
reprogramming procedures contained in House Report No.
105–163: Provided further, That the costs of implementing
any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further, That
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in addition to funds provided for State Fire Assistance pro-
grams, and subject to all authorities available to the Forest
Service under the State and Private Forestry Appropria-
tions, up to $15,000,000 may be used on adjacent non-Fed-
eral lands for the purpose of protecting communities when
hazard reduction activities are planned on national forest
lands that have the potential to place such communities at
risk: Provided further, That included in funding for haz-
ardous fuel reduction is $5,000,000 for implementing the
Community Forest Restoration Act, Public Law 106–393,
title VI, and any portion of such funds shall be available
for use on non-Federal lands in accordance with authorities
available to the Forest Service under the State and Private
Forestry Appropriation: Provided further, That in using
the funds provided in this Act for hazardous fuels reduction
activities, the Secretary of Agriculture may conduct fuel re-
duction treatments on Federal lands using all contracting
and hiring authorities available to the Secretary applicable
to hazardous fuel reduction activities under the wildland
fire management accounts: Provided further, That notwith-
standing Federal Government procurement and contracting
laws, the Secretaries may conduct fuel reduction treatments,
rehabilitation and restoration, and other activities author-
ized under this heading on and adjacent to Federal lands
using grants and cooperative agreements: Provided further,
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That notwithstanding Federal Government procurement
and contracting laws, in order to provide employment and
training opportunities to people in rural communities, the
Secretaries may award contracts, including contracts for
monitoring activities, to local private, non-profit, or cooper-
ative entities; Youth Conservation Corps crews or related
partnerships, with State, local and non-profit youth groups;
small or micro-businesses; or other entities that will hire
or train a significant percentage of local people to complete
such contracts: Provided further, That the authorities de-
scribed above relating to contracts, grants, and cooperative
agreements are available until all funds provided in this
title for hazardous fuels reduction activities in the urban
wildland interface are obligated: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture
may authorize the transfer of funds appropriated for
wildland fire management, in an aggregate amount not to
exceed $12,000,000, between the Departments when such
transfers would facilitate and expedite jointly funded
wildland fire management programs and projects.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not other-
wise provided for, $532,406,000, to remain available until
expended for construction, reconstruction, maintenance and
acquisition of buildings and other facilities, and for con-
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struction, reconstruction, repair and maintenance of forest
roads and trails by the Forest Service as authorized by 16
U.S.C. 532–538 and 23 U.S.C. 101 and 205, of which
$500,000 may be for improvements at Fernwood Park on
the Wasatch-Cache National Forest: Provided, That up to
$15,000,000 of the funds provided herein for road mainte-
nance shall be available for the decommissioning of roads,
including unauthorized roads not part of the transportation
system, which are no longer needed: Provided further, That
no funds shall be expended to decommission any system
road until notice and an opportunity for public comment
has been provided on each decommissioning project.
LAND ACQUISITION
For expenses necessary to carry out the provisions of
the Land and Water Conservation Fund Act of 1965, as
amended (16 U.S.C. 460l–4 through 11), including admin-
istrative expenses, and for acquisition of land or waters,
or interest therein, in accordance with statutory authority
applicable to the Forest Service, $76,440,000, to be derived
from the Land and Water Conservation Fund and to re-
main available until expended, of which $5,400,000 shall
be available for the Beaver Brook Watershed in the State
of Colorado: Provided, That notwithstanding any limita-
tions of the Land and Water Conservation Fund Act (16
U.S.C. 460l–9), the Secretary of Agriculture is henceforth
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authorized to utilize any funds appropriated from the Land
and Water Conservation Fund to acquire Mental Health
Trust lands in Alaska and, upon Federal acquisition, the
boundaries of the Tongass National Forest shall be deemed
modified to include such lands.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior boundaries
of the Cache, Uinta, and Wasatch National Forests, Utah;
the Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests, Cali-
fornia, as authorized by law, $1,069,000, to be derived from
forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal govern-
ments, public school districts, or other public school authori-
ties, and for authorized expenditures from funds deposited
by non-federal parties pursuant to Land Sale and Ex-
change Acts, pursuant to the Act of December 4, 1967, as
amended (16 U.S.C. 484a), to remain available until ex-
pended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protec-
tion, and improvement, 50 percent of all moneys received
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during the prior fiscal year, as fees for grazing domestic
livestock on lands in National Forests in the 16 Western
States, pursuant to section 401(b)(1) of Public Law 94–
579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for adminis-
trative expenses associated with on-the-ground range reha-
bilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$92,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR
SUBSISTENCE USES
For necessary expenses of the Forest Service to manage
federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96–487), $5,535,000, to remain available until
expended, of which not to exceed $100,000 per annum may
be used to reimburse the Office of General Counsel, Depart-
ment of Agriculture, for salaries and related expenses in-
curred in providing legal services in relation to subsistence
management.
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ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (1) purchase of not to ex-
ceed 124 passenger motor vehicles of which 21 will be used
primarily for law enforcement purposes and of which 124
shall be for replacement; acquisition of 25 passenger motor
vehicles from excess sources, and hire of such vehicles; oper-
ation and maintenance of aircraft to maintain the operable
fleet at 195 aircraft for use in Forest Service wildland fire
programs and other Forest Service programs; notwith-
standing other provisions of law, existing aircraft being re-
placed may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement air-
craft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of
land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the Na-
tional Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a
note); (6) the cost of uniforms as authorized by 5 U.S.C.
5901–5902; and (7) for debt collection contracts in accord-
ance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall
be obligated or expended to abolish any region, to move or
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close any regional office for National Forest System admin-
istration of the Forest Service, Department of Agriculture
without the consent of the House and Senate Committees
on Appropriations.
Any appropriations or funds available to the Forest
Service may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency reha-
bilitation of burned-over or damaged lands or waters under
its jurisdiction, and fire preparedness due to severe burning
conditions if and only if all previously appropriated emer-
gency contingent funds under the heading ‘‘Wildland Fire
Management’’ have been released by the President and ap-
portioned and all wildfire suppression funds under the
heading ‘‘Wildland Fire Management’’ are obligated.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Service
in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and inter-
national organizations.
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None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the provi-
sions of section 702(b) of the Department of Agriculture Or-
ganic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless
the proposed transfer is approved in advance by the House
and Senate Committees on Appropriations in compliance
with the reprogramming procedures contained in House Re-
port No. 105–163.
None of the funds available to the Forest Service may
be reprogrammed without the advance approval of the
House and Senate Committees on Appropriations in ac-
cordance with the procedures contained in House Report
No. 105–163.
No funds available to the Forest Service shall be trans-
ferred to the Working Capital Fund of the Department of
Agriculture that exceed the total amount transferred during
fiscal year 2000 for such purposes without the advance ap-
proval of the House and Senate Committees on Appropria-
tions.
Funds available to the Forest Service shall be available
to conduct a program of 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.
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Of the funds available to the Forest Service, $2,500 is
available to the Chief of the Forest Service for official recep-
tion and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law
101–593, of the funds available to the Forest Service, up
to $3,000,000 may be advanced in a lump sum as Federal
financial assistance to the National Forest Foundation,
without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting Na-
tional Forest System lands or related to Forest Service pro-
grams: Provided, That of the Federal funds made available
to the Foundation, no more than $400,000 shall be available
for administrative expenses: Provided further, That the
Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at
least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may trans-
fer Federal funds to a non-Federal recipient for a project
at the same rate that the recipient has obtained the non-
Federal matching funds: Provided further, That authorized
investments of Federal funds held by the Foundation may
be made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
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Pursuant to section 2(b)(2) of Public Law 98–244,
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fish and
Wildlife Foundation, as authorized by 16 U.S.C. 3701–
3709, and may be advanced in a lump sum, without regard
to when expenses are incurred, for projects on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That the Foundation shall obtain pri-
vate contributions to match on at least one-for-one basis
funds advanced by the Forest Service: Provided further,
That the Foundation may transfer Federal funds to a Fed-
eral or non-Federal recipient for a project at the same rate
that the recipient has obtained the non-Federal matching
funds.
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural develop-
ment purposes.
Notwithstanding any other provision of law, 80 per-
cent of the funds appropriated to the Forest Service in the
‘‘National Forest System’’ and ‘‘Capital Improvement and
Maintenance’’ accounts and planned to be allocated to ac-
tivities under the ‘‘Jobs in the Woods’’ program for projects
on National Forest land in the State of Washington may
be granted directly to the Washington State Department of
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Fish and Wildlife for accomplishment of planned projects.
Twenty percent of said funds shall be retained by the Forest
Service for planning and administering projects. Project se-
lection and prioritization shall be accomplished by the For-
est Service with such consultation with the State of Wash-
ington as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be
available for payments to counties within the Columbia
River Gorge National Scenic Area, pursuant to sections
14(c)(1) and (2), and section 16(a)(2) of Public Law 99–
663.
Notwithstanding any other provision of law, any ap-
propriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of
the General Counsel (OGC), Department of Agriculture, for
travel and related expenses incurred as a result of OGC as-
sistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land pur-
chase negotiations and similar non-litigation related mat-
ters. Future budget justifications for both the Forest Service
and the Department of Agriculture should clearly display
the sums previously transferred and the requested funding
transfers.
Any appropriations or funds available to the Forest
Service may be used for necessary expenses in the event of
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HR 2691 EAS
law enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That
such amounts shall not exceed $1,000,000.
From funds available to the Forest Service in this Act
for payment of costs in accordance with subsection 413(d)
of Title IV, Public Law 108–7, $3,000,000 shall be trans-
ferred by the Secretary of Agriculture to the Secretary of
the Treasury to make reimbursement payments as provided
in such subsection.
The Secretary of Agriculture may authorize the sale
of excess buildings, facilities, and other properties owned
by the Forest Service and located on the Green Mountain
National Forest, the revenues of which shall be retained by
the Forest Service and available to the Secretary without
further appropriation and until expended for maintenance
and rehabilitation activities on the Green Mountain Na-
tional Forest.
The Secretary of Agriculture may transfer or reim-
burse funds available to the Forest Service, not to exceed
$15,000,000, to the Secretary of the Interior or the Sec-
retary of Commerce to expedite conferencing and consulta-
tions as required under section 7 of the Endangered Species
Act, 16 U.S.C. 1536. The amount of the transfer or reim-
bursement shall be as mutually agreed by the Secretary of
Agriculture and the Secretary of the Interior or Secretary
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of Commerce, as applicable, or their designees. The amount
shall in no case exceed the actual costs of consultation and
conferencing.
Beginning on June 30, 2001 and concluding on De-
cember 31, 2004, an eligible individual who is employed
in any project funded under Title V of the Older American
Act of 1965 (42 U.S.C. 3056 et seq.) and administered by
the Forest Service shall be considered to be a Federal em-
ployee for purposes of chapter 171 of title 28, United States
Code.
Any funds appropriated to the Forest Service may be
used to meet the non-Federal share requirement in section
502(c) of the Older American Act of 1965 (42 U.S.C.
3056(c)(2)).
None of the funds made available in this or any other
Act may be used by the Forest Service to initiate or con-
tinue competitive sourcing studies until such time as the
House and Senate Committees on Appropriations have been
given a detailed competitive sourcing proposal (including
the number of positions to be studied, the amount of funding
needed, and the accounts and activities from which the
funding will be reprogrammed), and have approved in writ-
ing such proposal.
The Secretary of Agriculture may authorize the sale
of excess buildings, facilities, and other properties owned
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HR 2691 EAS
by the Forest Service and located on the Wasatch-Cache Na-
tional Forest, the revenues of which may be retained by the
Forest Service and available to the Secretary without fur-
ther appropriation and until expended for acquisition and
construction of administrative sites on the Wasatch-Cache
National Forest.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL)
Of the funds made available under this heading for
obligation in prior years, $97,000,000 shall not be available
until October 1, 2004: Provided, That funds made available
in previous appropriations Acts shall be available for any
ongoing project regardless of the separate request for pro-
posal under which the project was selected: Provided fur-
ther, That within 30 days of enactment of this Act, the Sec-
retary is directed to provide the House Committee on Ap-
propriations and the Senate Committee on Appropriations
with a plan detailing the proposed expenditure of un-obli-
gated or de-obligated funds from terminated Clean Coal
Technology projects in support of the FutureGen project:
Provided further, That notwithstanding any other provision
of law, within fiscal year 2004 up to $9,000,000 of the funds
made available under this heading for obligation in prior
years, of funds not obligated or committed to existing Clean
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Coal Technology projects, and funds committed or obligated
to a project that is or may be terminated, may be used for
the development of technologies and research facilities that
support the production of electricity and hydrogen from
coal including sequestration of associated carbon dioxide:
Provided further, That the Secretary may enter into a lease
or other agreement, not subject to the conditions or require-
ments established for Clean Coal Technology projects under
any prior law, for a cost-shared public-private partnership
with a non-Federal entity representing the coal industry
and coal-fueled utilities: Provided further, That the Sec-
retary shall ensure that the entity provides opportunities
for participation by technology vendors, States, univer-
sities, and other stakeholders.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (Public Law
95–91), including the acquisition of interest, including de-
feasible and equitable interests in any real property or any
facility or for plant or facility acquisition or expansion,
and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social
and environmental costs (30 U.S.C. 3, 1602, and 1603),
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$593,514,000, to remain available until expended, of which
$4,000,000 is to continue a multi-year project for construc-
tion, renovation, furnishing, and demolition or removal of
buildings at National Energy Technology Laboratory facili-
ties in Morgantown, West Virginia and Pittsburgh, Penn-
sylvania; of which not to exceed $536,000 may be utilized
for travel and travel-related expenses incurred by the head-
quarters staff of the Office of Fossil Energy; and of which
$130,000,000 are to be made available, after coordination
with the private sector, for a request for proposals for a
Clean Coal Power Initiative providing for competitively-
awarded research, development, and demonstration projects
to reduce the barriers to continued and expanded coal use:
Provided, That no project may be selected for which suffi-
cient funding is not available to provide for the total
project: Provided further, That funds shall be expended in
accordance with the provisions governing the use of funds
contained under the heading ‘‘Clean Coal Technology’’ in
42 U.S.C. 5903d: Provided further, That the Department
may include provisions for repayment of Government con-
tributions to individual projects in an amount up to the
Government contribution to the project on terms and condi-
tions that are acceptable to the Department including re-
payments from sale and licensing of technologies from both
domestic and foreign transactions: Provided further, That
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such repayments shall be retained by the Department for
future coal-related research, development and demonstra-
tion projects: Provided further, That any technology selected
under this program shall be considered a Clean Coal Tech-
nology, and any project selected under this program shall
be considered a Clean Coal Technology Project, for the pur-
poses of 42 U.S.C. 7651n, and Chapters 51, 52, and 60 of
title 40 of the Code of Federal Regulations: Provided fur-
ther, That no part of the sum herein made available shall
be used for the field testing of nuclear explosives in the re-
covery of oil and gas: Provided further, That up to 4 percent
of program direction funds available to the National En-
ergy Technology Laboratory may be used to support De-
partment of Energy activities not included in this account.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out naval petroleum
and oil shale reserve activities, $17,947,000, to remain
available until expended: Provided, That, notwithstanding
any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum
and oil shale reserve activities.
ELK HILLS SCHOOL LANDS FUND
For necessary expenses in fulfilling installment pay-
ments under the Settlement Agreement entered into by the
United States and the State of California on October 11,
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1996, as authorized by section 3415 of Public Law 104–
106, $36,000,000, to become available on October 1, 2004
for payment to the State of California for the State Teach-
ers’ Retirement Fund from the Elk Hills School Lands
Fund.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $861,645,000, to remain available until
expended, of which $1,500,000 is for DES applications inte-
gration: Provided, That $274,000,000 shall be for use in
energy conservation grant programs as defined in section
3008(3) of Public Law 99–509 (15 U.S.C. 4507): Provided
further, That notwithstanding section 3003(d)(2) of Public
Law 99–509, such sums shall be allocated to the eligible
programs as follows: $230,000,000 for weatherization assist-
ance grants and $44,000,000 for State energy program
grants.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Office of Hearings and Appeals, $1,047,000, to re-
main available until expended.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program manage-
ment activities pursuant to the Energy Policy and Con-
servation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
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$173,081,000, to remain available until expended: Pro-
vided, That the Department of Energy shall develop, with
an opportunity for public comment, procedures to obtain
oil for the Strategic Petroleum Reserve in a manner that
maximizes the overall domestic supply of crude oil (includ-
ing amounts stored in private sector inventories) and mini-
mizes the costs to the Department of the Interior and the
Department of Energy of acquiring such oil (including fore-
gone revenues to the Treasury when oil for the Reserve is
obtained through the Royalty-in-Kind program), consistent
with national security. Such procedures shall include proce-
dures and criteria for the review of requests for the deferrals
of scheduled deliveries. No later than 120 days following
the enactment of this Act the Department shall propose and
no later than 180 days following the enactment of this Act
the Department shall publish and follow such procedures
when acquiring oil for the Reserve.
NORTHEAST HOME HEATING OIL RESERVE
For necessary expenses for Northeast Home Heating
Oil Reserve storage, operations, and management activities
pursuant to the Energy Policy and Conservation Act of
2000, $5,000,000, to remain available until expended.
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ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $80,111,000, to
remain available until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal
year shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
From appropriations under this Act, transfers of sums
may be made to other agencies of the Government for the
performance of work for which the appropriation is made.
None of the funds made available to the Department
of Energy under this Act shall be used to implement or fi-
nance authorized price support or loan guarantee programs
unless specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account
of the Department of Energy or otherwise generated by sale
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of products in connection with projects of the Department
appropriated under this Act may be retained by the Sec-
retary of Energy, to be available until expended, and used
only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-
sharing contracts or agreements: Provided further, That the
remainder of revenues after the making of such payments
shall be covered into the Treasury as miscellaneous receipts:
Provided further, That any contract, agreement, or provi-
sion thereof entered into by the Secretary pursuant to this
authority shall not be executed prior to 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 3 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 comprehensive report
on such project, including the facts and circumstances relied
upon in support of the proposed project.
No funds provided in this Act may be expended by the
Department of Energy to prepare, issue, or process procure-
ment documents for programs or projects for which appro-
priations have not been made.
In addition to other authorities set forth in this Act,
the Secretary may accept fees and contributions from public
and private sources, to be deposited in a contributed funds
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HR 2691 EAS
account, and prosecute projects using such fees and con-
tributions in cooperation with other Federal, State or pri-
vate agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August
5, 1954 (68 Stat. 674), the Indian Self-Determination Act,
the Indian Health Care Improvement Act, and titles II and
III of the Public Health Service Act with respect to the In-
dian Health Service, $2,546,524,000, together with pay-
ments received during the fiscal year pursuant to 42 U.S.C.
238(b) for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25
U.S.C. 450), shall be deemed to be obligated at the time
of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal
year limitation: Provided further, That up to $18,000,000
shall remain available until expended, for the Indian Cata-
strophic Health Emergency Fund: Provided further, That
$472,022,000 for contract medical care shall remain avail-
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able for obligation until September 30, 2005: Provided fur-
ther, That of the funds provided, up to $27,000,000 to re-
main available until expended, shall be used to carry out
the loan repayment program under section 108 of the In-
dian Health Care Improvement Act: Provided further, That
funds provided in this Act may be used for one-year con-
tracts and grants which are to be performed in two fiscal
years, so long as the total obligation is recorded in the year
for which the funds are appropriated: Provided further,
That the amounts collected by the Secretary of Health and
Human Services under the authority of title IV of the In-
dian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII
and XIX of the Social Security Act (exclusive of planning,
design, or construction of new facilities): Provided further,
That funding contained herein, and in any earlier appro-
priations Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall re-
main available until expended: Provided further, That
amounts received by tribes and tribal organizations under
title IV of the Indian Health Care Improvement Act shall
be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided
further, That, notwithstanding any other provision of law,
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of the amounts provided herein, not to exceed $268,974,000
shall be for payments to tribes and tribal organizations for
contract or grant support costs associated with contracts,
grants, self-governance compacts or annual funding agree-
ments between the Indian Health Service and a tribe or
tribal organization pursuant to the Indian Self-Determina-
tion Act of 1975, as amended, prior to or during fiscal year
2004, of which not to exceed $2,500,000 may be used for
contract support costs associated with new or expanded self-
determination contracts, grants, self-governance compacts
or annual funding agreements: Provided further, That
funds available for the Indian Health Care Improvement
Fund may be used, as needed, to carry out activities typi-
cally funded under the Indian Health Facilities account:
Provided further, That of the amounts provided to the In-
dian Health Service, $15,000,000 is provided for alcohol
control, enforcement, prevention, treatment, sobriety and
wellness, and education in Alaska to be distributed as direct
lump sum payments as follows: (a) $2,000,000 to the State
of Alaska for regional distribution to hire and equip addi-
tional Village Public Safety Officers to engage primarily
in bootlegging prevention and enforcement activities; (b)
$10,000,000 to the Alaska Native Tribal Health Consor-
tium, which shall be allocated for (1) substance abuse treat-
ment including residential treatment, (2) substance abuse
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and behavioral health counselors through the Counselor in
Every Village program, and (3) comprehensive substance
abuse training programs for counselors and others deliv-
ering substance abuse services; (c) $1,000,000 to the State
of Alaska for a school peer counseling and education pro-
gram; and (d) $2,000,000 for the Alaska Federation of Na-
tives sobriety and wellness program for competitive merit-
based grants: Provided further, That none of the funds may
be used for tribal courts or tribal ordinance programs or
any program that is not directly related to alcohol control,
enforcement, prevention, treatment, or sobriety: Provided
further, That no more than 10 percent may be used by any
entity receiving funding for administrative overhead in-
cluding indirect costs: Provided further, That the State of
Alaska, Alaska Native non-profit corporations, and the
Alaska Native Tribal Health Consortium must each main-
tain its existing level of effort and must use these funds
to enhance or expand existing efforts or initiate new
projects or programs and may not use such funds to sup-
plant existing programs.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities, in-
cluding quarters for personnel; preparation of plans, speci-
fications, and drawings; acquisition of sites, purchase and
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erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter-
mination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with re-
spect to environmental health and facilities support activi-
ties of the Indian Health Service, $391,188,000, to remain
available until expended: Provided, That notwithstanding
any other provision of law, funds appropriated for the plan-
ning, design, construction or renovation of health facilities
for the benefit of an Indian tribe or tribes may be used
to purchase land for sites to construct, improve, or enlarge
health or related facilities: Provided further, That from the
funds appropriated herein, $5,043,000 shall be designated
by the Indian Health Service as a contribution to the
Yukon-Kuskokwim Health Corporation (YKHC) to com-
plete a priority project for the acquisition of land, plan-
ning, design and construction of 79 staff quarters in the
Bethel service area, pursuant to the negotiated project
agreement between the YKHC and the Indian Health Serv-
ice: Provided further, That this project shall not be subject
to the construction provisions of the Indian Self-Determina-
tion and Education Assistance Act and shall be removed
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from the Indian Health Service priority list upon comple-
tion: Provided further, That the Federal Government shall
not be liable for any property damages or other construction
claims that may arise from YKHC undertaking this project:
Provided further, That the land shall be owned or leased
by the YKHC and title to quarters shall remain vested with
the YKHC: Provided further, That not to exceed $500,000
shall be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for
distribution to the Indian Health Service and tribal facili-
ties: Provided further, That none of the funds appropriated
to the Indian Health Service may be used for sanitation
facilities construction for new homes funded with grants by
the housing programs of the United States Department of
Housing and Urban Development: Provided further, That
not to exceed $1,000,000 from this account and the ‘‘Indian
Health Services’’ account shall be used by the Indian Health
Service to obtain ambulances for the Indian Health Service
and tribal facilities in conjunction with an existing inter-
agency agreement between the Indian Health Service and
the General Services Administration: Provided further,
That not to exceed $500,000 shall be placed in a Demolition
Fund and remain available until expended, to be used by
the Indian Health Service for demolition of Federal build-
ings.
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ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376; hire of passenger motor vehicles and
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular build-
ings and renovation of existing facilities; payments for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
for uniforms or allowances therefor as authorized by 5
U.S.C. 5901–5902; and for expenses of attendance at meet-
ings which are concerned with the functions or activities
for which the appropriation is made or which will con-
tribute to improved conduct, supervision, or management
of those functions or activities.
In accordance with the provisions of the Indian Health
Care Improvement Act, non-Indian patients may be ex-
tended health care at all tribally administered or Indian
Health Service facilities, subject to charges, and the pro-
ceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651–2653) shall be credited
to the account of the facility providing the service and shall
be available without fiscal year limitation. Notwith-
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standing any other law or regulation, funds transferred
from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under
Public Law 86–121 (the Indian Sanitation Facilities Act)
and Public Law 93–638, as amended.
Funds appropriated to the Indian Health Service in
this Act, except those used for administrative and program
direction purposes, shall not be subject to limitations di-
rected at curtailing Federal travel and transportation.
None of the funds made available to the Indian Health
Service in this Act shall be used for any Department of
Health and Human Services-wide consolidation, restruc-
turing, or realignment of functions or for any assessments
or charges associated with any such consolidation, restruc-
turing or realignment, except for purposes for which funds
are specifically provided in this Act.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal or-
ganization through a contract, grant, or agreement author-
ized by title I or title III of the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 450), may
be deobligated and reobligated to a self-determination con-
tract under title I, or a self-governance agreement under
title III of such Act and thereafter shall remain available
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to the tribe or tribal organization without fiscal year limi-
tation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987,
by the Department of Health and Human Services, relating
to the eligibility for the health care services of the Indian
Health Service until the Indian Health Service has sub-
mitted a budget request reflecting the increased costs associ-
ated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law.
With respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian
Health Service is authorized to provide goods and services
to those entities, on a reimbursable basis, including pay-
ment in advance with subsequent adjustment. The reim-
bursements received therefrom, along with the funds received
from those entities pursuant to the Indian Self-Determina-
tion Act, may be credited to the same or subsequent appro-
priation account which provided the funding. Such
amounts shall remain available until expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
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associated with the provision of goods, services, or technical
assistance.
The appropriation structure for the Indian Health
Service may not be altered without the advance approval
of the House and Senate Committees on Appropriations.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, $13,532,000, to remain available until expended: Pro-
vided, That funds provided in this or any other appropria-
tions Act are to be used to relocate eligible individuals and
groups including evictees from District 6, Hopi-partitioned
lands residents, those in significantly substandard housing,
and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by
the Office of Navajo and Hopi Indian Relocation to evict
any single Navajo or Navajo family who, as of November
30, 1985, was physically domiciled on the lands partitioned
to the Hopi Tribe unless a new or replacement home is pro-
vided for such household: Provided further, That no
relocatee will be provided with more than one new or re-
placement home: Provided further, That the Office shall re-
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locate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation
or selected a replacement residence off the Navajo reserva-
tion or on the land acquired pursuant to 25 U.S.C. 640d–
10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
CULTURE AND ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and
Alaska Native Culture and Arts Development, as authorized
by title XV of Public Law 99–498, as amended (20 U.S.C.
56 part A), $6,250,000, of which $1,000,000 shall remain
available until expended to assist with the Institute’s efforts
to develop a Continuing Education Lifelong Learning Cen-
ter.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution,
as authorized by law, including research in the fields of art,
science, and history; development, preservation, and docu-
mentation of the National Collections; presentation of pub-
lic exhibits and performances; collection, preparation, dis-
semination, and exchange of information and publications;
conduct of education, training, and museum assistance pro-
grams; maintenance, alteration, operation, lease (for terms
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not to exceed 30 years), and protection of buildings, facili-
ties, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to five replacement pas-
senger vehicles; purchase, rental, repair, and cleaning of
uniforms for employees, $487,989,000, of which not to ex-
ceed $46,903,000 for the instrumentation program, collec-
tions acquisition, exhibition reinstallation, the National
Museum of the American Indian, and the repatriation of
skeletal remains program shall remain available until ex-
pended; and of which $828,000 for fellowships and scholarly
awards shall remain available until September 30, 2005;
and including such funds as may be necessary to support
American overseas research centers and a total of $125,000
for the Council of American Overseas Research Centers:
Provided, That funds appropriated herein are available for
advance payments to independent contractors performing
research services or participating in official Smithsonian
presentations: Provided further, That the Smithsonian In-
stitution may expend Federal appropriations designated in
this Act for lease or rent payments for long term and swing
space, as rent payable to the Smithsonian Institution, and
such rent payments may be deposited into the general trust
funds of the Institution to the extent that federally sup-
ported activities are housed in the 900 H Street, N.W.
building in the District of Columbia: Provided further, That
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this use of Federal appropriations shall not be construed
as debt service, a Federal guarantee of, a transfer of risk
to, or an obligation of, the Federal Government: Provided
further, That no appropriated funds may be used to service
debt which is incurred to finance the costs of acquiring the
900 H Street building or of planning, designing, and con-
structing improvements to such building.
FACILITIES CAPITAL
For necessary expenses of maintenance, repair, revital-
ization, and alteration of facilities owned or occupied by
the Smithsonian Institution, by contract or otherwise, as
authorized by section 2 of the Act of August 22, 1949 (63
Stat. 623), and for construction, including necessary per-
sonnel, $89,970,000, to remain available until expended, of
which not to exceed $10,000 is for services as authorized
by 5 U.S.C. 3109: Provided, That contracts awarded for
environmental systems, protection systems, and repair or
restoration of facilities of the Smithsonian Institution may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price: Provided
further, That balances from amounts previously appro-
priated under the headings ‘‘Repair, Restoration and Alter-
ation of Facilities’’ and ‘‘Construction’’ shall be transferred
to and merged with this appropriation and shall remain
available until expended.
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ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
None of the funds in this or any other Act may be
used to make any changes to the existing Smithsonian
science programs including closure of facilities, relocation
of staff or redirection of functions and programs without
approval from the Board of Regents of recommendations re-
ceived from the Science Commission.
None of the funds in this or any other Act may be
used to initiate the design for any proposed expansion of
current space or new facility without consultation with the
House and Senate Appropriations Committees.
None of the funds in this or any other Act may be
used for the Holt House located at the National Zoological
Park in Washington, D.C., unless identified as repairs to
minimize water damage, monitor structure movement, or
provide interim structural support.
None of the funds available to the Smithsonian may
be reprogrammed without the advance written approval of
the House and Senate Committees on Appropriations in ac-
cordance with the procedures contained in House Report
No. 105–163.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery
of Art, the protection and care of the works of art therein,
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and administrative expenses incident thereto, as authorized
by the Act of March 24, 1937 (50 Stat. 51), as amended
by the public resolution of April 13, 1939 (Public Resolu-
tion 9, Seventy-sixth Congress), including services as au-
thorized by 5 U.S.C. 3109; payment in advance when au-
thorized by the treasurer of the Gallery for membership in
library, museum, and art associations or societies whose
publications or services are available to members only, or
to members at a price lower than to the general public; pur-
chase, repair, and cleaning of uniforms for guards, and uni-
forms, or allowances therefor, for other employees as author-
ized by law (5 U.S.C. 5901–5902); purchase or rental of
devices and services for protecting buildings and contents
thereof, and maintenance, alteration, improvement, and re-
pair of buildings, approaches, and grounds; and purchase
of services for restoration and repair of works of art for
the National Gallery of Art by contracts made, without ad-
vertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $85,650,000, of which not to ex-
ceed $3,026,000 for the special exhibition program shall re-
main available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and ren-
ovation of buildings, grounds and facilities owned or occu-
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pied by the National Gallery of Art, by contract or other-
wise, as authorized, $11,600,000, to remain available until
expended: Provided, That contracts awarded for environ-
mental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance
and security of the John F. Kennedy Center for the Per-
forming Arts, $16,560,000.
CONSTRUCTION
For necessary expenses for capital repair and restora-
tion of the existing features of the building and site of the
John F. Kennedy Center for the Performing Arts,
$16,000,000, to remain available until expended.
WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
1356) including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $8,604,000.
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NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $117,480,000, shall be available to the National
Endowment for the Arts for the support of projects and pro-
ductions in the arts through assistance to organizations and
individuals pursuant to sections 5(c) and 5(g) of the Act,
including $17,000,000 for support of arts education and
public outreach activities through the Challenge America
program, for program support, and for administering the
functions of the Act, to remain available until expended:
Provided, That funds previously appropriated to the Na-
tional Endowment for the Arts ‘‘Matching Grants’’ account
and ‘‘Challenge America’’ account may be transferred to
and merged with this account.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $125,878,000, 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
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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, $16,122,000, to remain available until
expended, of which $10,436,000 shall be available to the Na-
tional 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 sub-
sections 11(a)(2)(B) and 11(a)(3)(B) during the current
and preceding fiscal years for which equal amounts have
not previously been appropriated.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foun-
dation on the Arts and the Humanities may be used to
process any grant or contract documents which do not in-
clude 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
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official reception and representation expenses: Provided fur-
ther, That the Chairperson of the National Endowment for
the Arts may approve grants up to $10,000, if in the aggre-
gate this amount does not exceed 5 percent of the sums ap-
propriated for grant-making purposes per year: Provided
further, That such small grant actions are taken pursuant
to the terms of an expressed and direct delegation of author-
ity from the National Council on the Arts to the Chair-
person.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing
a Commission of Fine Arts (40 U.S.C. 104), $1,422,000:
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 re-
main available until expended without further appropria-
tion.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law
99–190 (20 U.S.C. 956(a)), as amended, $6,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on His-
toric Preservation (Public Law 89–665, as amended),
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$4,000,000: Provided, That none of these funds shall be
available for compensation of level V of the Executive Sched-
ule 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), includ-
ing services as authorized by 5 U.S.C. 3109, $8,030,000:
Provided, That for fiscal year 2004 and thereafter, all ap-
pointed 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 Sched-
ule for each day such member is engaged in the actual per-
formance of duties.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106–292 (36 U.S.C. 2301–2310),
$39,997,000, of which $1,900,000 for the museum’s repair
and rehabilitation program and $1,264,000 for the muse-
um’s exhibitions program shall remain available until ex-
pended.
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PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omni-
bus Parks and Public Lands Management Act of 1996,
$20,700,000 shall be available to the Presidio Trust, to re-
main available until expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.
SEC. 302. No part of any appropriation contained in
this Act shall be available for any activity or the publica-
tion or distribution of literature that in any way tends to
promote public support or opposition to any legislative pro-
posal on which congressional action is not complete.
SEC. 303. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 304. None of the funds provided in this Act to
any department or agency shall be obligated or expended
to provide a personal cook, chauffeur, or other personal serv-
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ants to any officer or employee of such department or agen-
cy except as otherwise provided by law.
SEC. 305. No assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the Committees on Appropriations
and are approved by such committees.
SEC. 306. None of the funds in this Act may be used
to plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are lo-
cated on National Forest System or Bureau of Land Man-
agement lands in a manner different than such sales were
conducted in fiscal year 2003.
SEC. 307. (a) LIMITATION OF FUNDS.—None of the
funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended to accept or proc-
ess applications for a patent for any mining or mill site
claim located under the general mining laws.
(b) EXCEPTIONS.—The provisions of subsection (a)
shall not apply if the Secretary of the Interior determines
that, for the claim concerned: (1) a patent application was
filed with the Secretary on or before September 30, 1994;
and (2) all requirements established under sections 2325
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331, and
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2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37)
for placer claims, and section 2337 of the Revised Statutes
(30 U.S.C. 42) for mill site claims, as the case may be,
were fully complied with by the applicant by that date.
(c) REPORT.—On September 30, 2004, the Secretary
of the Interior shall file with the House and Senate Com-
mittees on Appropriations and the Committee on Resources
of the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a report on ac-
tions taken by the Department under the plan submitted
pursuant to section 314(c) of the Department of the Interior
and Related Agencies Appropriations Act, 1997 (Public
Law 104–208).
(d) MINERAL EXAMINATIONS.—In order to process
patent applications in a timely and responsible manner,
upon the request of a patent applicant, the Secretary of the
Interior shall allow the applicant to fund a qualified third-
party contractor to be selected by the Bureau of Land Man-
agement to conduct a mineral examination of the mining
claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Manage-
ment shall have the sole responsibility to choose and pay
the third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management
in the retention of third-party contractors.
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SEC. 308. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee re-
ports for the Bureau of Indian Affairs and the Indian
Health Service by Public Laws 103–138, 103–332, 104–
134, 104–208, 105–83, 105–277, 106–113, 106–291, and
107–63, for payments to tribes and tribal organizations for
contract support costs associated with self-determination or
self-governance contracts, grants, compacts, or annual fund-
ing agreements with the Bureau of Indian Affairs or the
Indian Health Service as funded by such Acts, are the total
amounts available for fiscal years 1994 through 2003 for
such purposes, except that, for the Bureau of Indian Affairs,
tribes and tribal organizations may use their tribal priority
allocations for unmet indirect costs of ongoing contracts,
grants, self-governance compacts or annual funding agree-
ments.
SEC. 309. Of the funds provided to the National En-
dowment for the Arts—
(1) The Chairperson shall only award a grant to
an individual if such grant is awarded to such indi-
vidual for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, ex-
cept a grant made to a State or local arts agency, or
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regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in ex-
change for goods and services.
(3) No grant shall be used for seasonal support
to a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
SEC. 310. The National Endowment for the Arts and
the National Endowment for the Humanities are authorized
to solicit, accept, receive, and invest in the name of the
United States, gifts, bequests, or devises of money and other
property or services and to use such in furtherance of the
functions of the National Endowment for the Arts and the
National Endowment for the Humanities. Any proceeds
from such gifts, bequests, or devises, after acceptance by the
National Endowment for the Arts or the National Endow-
ment for the Humanities, shall be paid by the donor or the
representative of the donor to the Chairman. The Chairman
shall enter the proceeds in a special interest-bearing account
to the credit of the appropriate endowment for the purposes
specified in each case.
SEC. 311. (a) In providing services or awarding finan-
cial assistance under the National Foundation on the Arts
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and the Humanities Act of 1965 from funds appropriated
under this Act, the Chairperson of the National Endowment
for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, pro-
ductions, workshops, or programs that serve underserved
populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means a
population of individuals, including urban minori-
ties, who have historically been outside the purview of
arts and humanities programs due to factors such as
a high incidence of income below the poverty line or
to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)) (applicable to a family of the
size involved.
(c) In providing services and awarding financial as-
sistance under the National Foundation on the Arts and
Humanities Act of 1965 with funds appropriated by this
Act, the Chairperson of the National Endowment for the
Arts shall ensure that priority is given to providing services
or awarding financial assistance for projects, productions,
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workshops, or programs that will encourage public knowl-
edge, education, understanding, and appreciation of the
arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Hu-
manities Act of 1965—
(1) the Chairperson shall establish a grant cat-
egory for projects, productions, workshops, or pro-
grams that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants ex-
ceeding 15 percent, in the aggregate, of such funds to
any single State, excluding grants made under the
authority of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act; and
(4) the Chairperson shall encourage the use of
grants to improve and support community-based
music performance and education.
SEC. 312. No part of any appropriation contained in
this Act shall be expended or obligated to complete and issue
the 5-year program under the Forest and Rangeland Re-
newable Resources Planning Act.
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SEC. 313. None of the funds in this Act may be used
to support Government-wide administrative functions un-
less such functions are justified in the budget process and
funding is approved by the House and Senate Committees
on Appropriations.
SEC. 314. Notwithstanding any other provision of law,
none of the funds in this Act may be used for GSA Tele-
communication Centers.
SEC. 315. Notwithstanding any other provision of law,
for fiscal year 2004 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ‘‘Jobs in the
Woods’’ Program established in Region 10 of the Forest
Service to individuals and entities in historically timber-
dependent areas in the States of Washington, Oregon, north-
ern California, Idaho, Montana, and Alaska that have been
affected by reduced timber harvesting on Federal lands. The
Secretaries shall consider the benefits to the local economy
in evaluating bids and designing procurements which create
economic opportunities for local contractors.
SEC. 316. Amounts deposited during fiscal year 2003
in the roads and trails fund provided for in the 14th para-
graph under the heading ‘‘FOREST SERVICE’’ of the Act
of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall be
used by the Secretary of Agriculture, without regard to the
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State in which the amounts were derived, to repair or re-
construct roads, bridges, and trails on National Forest Sys-
tem lands or to carry out and administer projects to im-
prove forest health conditions, which may include the repair
or reconstruction of roads, bridges, and trails on National
Forest System lands in the wildland-community interface
where there is an abnormally high risk of fire. The projects
shall emphasize reducing risks to human safety and public
health and property and enhancing ecological functions,
long-term forest productivity, and biological integrity. The
projects may be completed in a subsequent fiscal year.
Funds shall not be expended under this section to replace
funds which would otherwise appropriately be expended
from the timber salvage sale fund. Nothing in this section
shall be construed to exempt any project from any environ-
mental law.
SEC. 317. Other than in emergency situations, none
of the funds in this Act may be used to operate telephone
answering machines during core business hours unless such
answering machines include an option that enables callers
to reach promptly an individual on-duty with the agency
being contacted.
SEC. 318. No timber sale in Region 10 shall be adver-
tised if the indicated rate is deficit when appraised using
a residual value approach that assigns domestic Alaska val-
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ues for western redcedar. Program accomplishments shall
be based on volume sold. Should Region 10 sell, in fiscal
year 2003, the annual average portion of the decadal allow-
able sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when ap-
praised using a residual value approach that assigns do-
mestic Alaska values for western redcedar, all of the western
redcedar timber from those sales which is surplus to the
needs of domestic processors in Alaska, shall be made avail-
able to domestic processors in the contiguous 48 United
States at prevailing domestic prices. Should Region 10 sell,
in fiscal year 2003, less than the annual average portion
of the decadal allowable sale quantity called for in the
Tongass Land Management Plan in sales which are not def-
icit when appraised using a residual value approach that
assigns domestic Alaska values for western redcedar, the vol-
ume of western redcedar timber available to domestic proc-
essors at prevailing domestic prices in the contiguous 48
United States shall be that volume: (i) which is surplus to
the needs of domestic processors in Alaska, and (ii) is that
percent of the surplus western redcedar volume determined
by calculating the ratio of the total timber volume which
has been sold on the Tongass to the annual average portion
of the decadal allowable sale quantity called for in the cur-
rent Tongass Land Management Plan. The percentage shall
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be calculated by Region 10 on a rolling basis as each sale
is sold (for purposes of this amendment, a ‘‘rolling basis’’
shall mean that the determination of how much western
redcedar is eligible for sale to various markets shall be made
at the time each sale is awarded). Western redcedar shall
be deemed ‘‘surplus to the needs of domestic processors in
Alaska’’ when the timber sale holder has presented to the
Forest Service documentation of the inability to sell western
redcedar logs from a given sale to domestic Alaska proc-
essors at a price equal to or greater than the log selling
value stated in the contract. All additional western redcedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at
the election of the timber sale holder. All Alaska yellow
cedar may be sold at prevailing export prices at the election
of the timber sale holder.
SEC. 319. A project undertaken by the Forest Service
under the Recreation Fee Demonstration Program as au-
thorized by section 315 of the Department of the Interior
and Related Agencies Appropriations Act for Fiscal Year
1996, as amended, shall not result in—
(1) displacement of the holder of an authoriza-
tion to provide commercial recreation services on Fed-
eral lands. Prior to initiating any project, the Sec-
retary shall consult with potentially affected holders
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to determine what impacts the project may have on
the holders. Any modifications to the authorization
shall be made within the terms and conditions of the
authorization and authorities of the impacted agency;
(2) the return of a commercial recreation service
to the Secretary for operation when such services have
been provided in the past by a private sector pro-
vider, except when—
(A) the private sector provider fails to bid
on such opportunities;
(B) the private sector provider terminates
its relationship with the agency; or
(C) the agency revokes the permit for non-
compliance with the terms and conditions of the
authorization.
In such cases, the agency may use the Recreation Fee Dem-
onstration Program to provide for operations until a subse-
quent operator can be found through the offering of a new
prospectus.
SEC. 320. Prior to October 1, 2004, the Secretary of
Agriculture shall not be considered to be in violation of sub-
paragraph 6(f)(5)(A) of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)(A)) solely because more than 15 years have
passed without revision of the plan for a unit of the Na-
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tional Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C.
1600 et seq.) or any other law: Provided, That if the Sec-
retary is not acting expeditiously and in good faith, within
the funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with re-
spect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
SEC. 321. No funds provided in this Act may be ex-
pended to conduct preleasing, leasing and related activities
under either the Mineral Leasing Act (30 U.S.C. 181 et seq.)
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.) within the boundaries of a National Monument es-
tablished pursuant to the Act of June 8, 1906 (16 U.S.C.
431 et seq.) as such boundary existed on January 20, 2001,
except where such activities are allowed under the Presi-
dential proclamation establishing such monument.
SEC. 322. Employees of the foundations established by
Acts of Congress to solicit private sector funds on behalf
of Federal land management agencies shall, in fiscal year
2005, qualify for General Service Administration contract
airfares.
SEC. 323. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance
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Act (42 U.S.C. 1856m) the Secretary of Agriculture and
the Secretary of the Interior are authorized to enter into
reciprocal agreements in which the individuals furnished
under said agreements to provide wildfire services are con-
sidered, for purposes of tort liability, employees of the coun-
try receiving said services when the individuals are engaged
in fire suppression: Provided, That the Secretary of Agri-
culture or the Secretary of the Interior shall not enter into
any agreement under this provision unless the foreign coun-
try (either directly or through its fire organization) agrees
to assume any and all liability for the acts or omissions
of American firefighters engaged in firefighting in a foreign
country: Provided further, That when an agreement is
reached for furnishing fire fighting services, the only rem-
edies for acts or omissions committed while fighting fires
shall be those provided under the laws of the host country,
and those remedies shall be the exclusive remedies for any
claim arising out of fighting fires in a foreign country: Pro-
vided further, That neither the sending country nor any
legal organization associated with the firefighter shall be
subject to any legal action whatsoever pertaining to or aris-
ing out of the firefighter’s role in fire suppression.
SEC. 324. A grazing permit or lease issued by the Sec-
retary of the Interior or a grazing permit issued by the Sec-
retary of Agriculture where National Forest System lands
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are involved that expires, is transferred, or waived during
fiscal years 2004–2008 shall be renewed under section 402
of the Federal Land Policy and Management Act of 1976,
as amended (43 U.S.C. 1752), section 19 of the Granger-
Thye Act, as amended (16 U.S.C. 5801), title III of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.),
or, if applicable, section 510 of the California Desert Protec-
tion Act (16 U.S.C. 410aaa–50). The terms and conditions
contained in the expired, transferred, or waived permit or
lease shall continue in effect under the renewed permit or
lease until such time as the Secretary of the Interior or Sec-
retary of Agriculture as appropriate completes processing
of such permit or lease in compliance with all applicable
laws and regulations, at which time such permit or lease
may be canceled, suspended or modified, in whole or in
part, to meet the requirements of such applicable laws and
regulations. Nothing in this section shall be deemed to alter
the statutory authority of the Secretary of the Interior or
the Secretary of Agriculture: Provided, That where National
Forest System lands are involved and the Secretary of Agri-
culture has renewed an expired or waived grazing permit
prior to or during fiscal year 2004, the terms and condi-
tions of the renewed grazing permit shall remain in effect
until such time as the Secretary of Agriculture completes
processing of the renewed permit in compliance with all ap-
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plicable laws and regulations or until the expiration of the
renewed permit, whichever comes first. Upon completion of
the processing, the permit may be canceled, suspended or
modified, in whole or in part, to meet the requirements of
applicable laws and regulations: Provided further, That be-
ginning in November 2004, and every year thereafter, the
Secretaries of the Interior and Agriculture shall report to
Congress the extent to which they are completing analysis
required under applicable laws prior to the expiration of
grazing permits, and beginning in May 2004, and two
years thereafter, the Secretaries shall provide Congress rec-
ommendations for legislative provisions necessary to ensure
all permit renewals are completed in a timely manner. The
legislative recommendations provided shall be consistent
with the funding levels requested in the Secretaries’ budget
proposals: Provided further, That notwithstanding section
504 of the Rescissions Act (109 Stat. 212), the Secretaries
in their sole discretion determine the priority and timing
for completing required environmental analysis of grazing
allotments based on the environmental significance of the
allotments and funding available to the Secretaries for this
purpose.
SEC. 325. Notwithstanding any other provision of law
or regulation, to promote the more efficient use of the health
care funding allocation for fiscal year 2004, the Eagle Butte
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Service Unit of the Indian Health Service, at the request
of the Cheyenne River Sioux Tribe, may pay base salary
rates to health professionals up to the highest grade and
step available to a physician, pharmacist, or other health
professional and may pay a recruitment or retention bonus
of up to 25 percent above the base pay rate.
SEC. 326. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government except pur-
suant to a transfer made by, or transfer authority provided
in, this Act or any other appropriations Act.
SEC. 327. None of the funds made available in this
Act may be used for the planning, design, or construction
of improvements to Pennsylvania Avenue in front of the
White House without the advance approval of the Commit-
tees on Appropriations.
SEC. 328. In awarding a Federal Contract with funds
made available by this Act, the Secretary of Agriculture and
the Secretary of the Interior (the ‘‘Secretaries’’) may, in
evaluating bids and proposals, give consideration to local
contractors who are from, and who provide employment
and training for, dislocated and displaced workers in an
economically disadvantaged rural community, including
those historically timber-dependent areas that have been af-
fected by reduced timber harvesting on Federal lands and
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other forest-dependent rural communities isolated from sig-
nificant alternative employment opportunities: Provided,
That the Secretaries may award grants or cooperative
agreements to local non-profit entities, Youth Conservation
Corps or related partnerships with State, local or non-profit
youth groups, or small or disadvantaged business: Provided
further, That the contract, grant, or cooperative agreement
is for forest hazardous fuels reduction, watershed or water
quality monitoring or restoration, wildlife or fish popu-
lation monitoring, or habitat restoration or management:
Provided further, That the terms ‘‘rural community’’ and
‘‘economically disadvantaged’’ shall have the same mean-
ings as in section 2374 of Public Law 101–624: Provided
further, That the Secretaries shall develop guidance to im-
plement this section: Provided further, That nothing in this
section shall be construed as relieving the Secretaries of any
duty under applicable procurement laws, except as provided
in this section.
SEC. 329. LOCAL EXEMPTIONS FROM FOREST SERV-
ICE DEMONSTRATION PROGRAM FEES. Section 6906 of Title
31, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Necessary’’; and
(2) by adding at the end the following:
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‘‘(b) LOCAL
EXEMPTIONS
FROM
DEMONSTRATION
PROGRAM FEES.—
‘‘(1) IN GENERAL.—Each unit of general local
government that lies in whole or in part within the
White Mountain National Forest and persons residing
within the boundaries of that unit of general local
government shall be exempt during that fiscal year
from any requirement to pay a Demonstration Pro-
gram Fee (parking permit or passport) imposed by
the Secretary of Agriculture for access to the Forest.
‘‘(2) ADMINISTRATION.—The Secretary of Agri-
culture shall establish a method of identifying persons
who are exempt from paying user fees under para-
graph (1). This method may include valid form of
identification including a drivers license.’’.
SEC. 330. IMPLEMENTATION OF GALLATIN LAND CON-
SOLIDATION ACT OF 1998. (a) DEFINITIONS.—For purposes
of this section:
(1) ‘‘Gallatin Land Consolidation Act of 1998’’
means Public Law 105–267 (112 Stat. 2371).
(2) ‘‘Option Agreement’’ has the same meaning
as defined in section 3(6) of the Gallatin Land Con-
solidation Act of 1998.
(3) ‘‘Secretary’’ means the Secretary of Agri-
culture.
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(4) ‘‘Excess receipts’’ means National Forest
Fund receipts from the National Forests in Montana,
which are identified and adjusted by the Forest Serv-
ice within the fiscal year, and which are in excess of
funds retained for: the Salvage Sale Fund; the
Knutson-Vandenberg Fund; the Purchaser Road/Spec-
ified Road Credits; the Twenty-Five Percent Fund, as
amended; the Ten Percent Road and Trail Fund; the
Timber Sale Pipeline Restoration Fund; the Fifty
Percent Grazing Class A Receipts Fund; and the
Land and Water Conservation Fund Recreation User
Fees Receipts—Class A Fund.
(5) ‘‘Special Account’’ means the special account
referenced in section 4(c)(2) of the Gallatin Land
Consolidation Act of 1998.
(6) ‘‘Eastside National Forests’’ has the same
meaning as in section 3(4) of the Gallatin Land Con-
solidation Act of 1998.
(b) SPECIAL ACCOUNT.—
(1) The Secretary is authorized and directed,
without further appropriation or reprogramming of
funds, to transfer to the Special Account these enu-
merated funds and receipts in the following order:
(A) timber sale receipts from the Gallatin
National Forest and other Eastside National
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Forests, as such receipts are referenced in section
4(a)(2)(C) of the Gallatin Land Consolidation
Act of 1998;
(B) any available funds heretofore appro-
priated for the acquisition of lands for National
Forest purposes in the State of Montana through
fiscal year 2003;
(C) net receipts from the conveyance of
lands on the Gallatin National Forest as author-
ized by subsection (c); and,
(D) excess receipts for fiscal years 2003
through 2008.
(2) All funds in the Special Account shall be
available to the Secretary until expended, without
further appropriation, and will be expended prior to
the end of fiscal year 2008 for the following purposes:
(A) the completion of the land acquisitions
authorized by the Gallatin Land Consolidation
Act of 1998 and fulfillment of the Option Agree-
ment, as may be amended from time to time;
and,
(B) the acquisition of lands for which ac-
quisition funds were transferred to the Special
Account pursuant to subsection (b)(1)(B).
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(3) The Special Account shall be closed at the
end of fiscal year 2008 and any monies remaining in
the Special Account shall be transferred to the fund
established under Public Law 90–171 (commonly
known as the ‘‘Sisk Act’’, 16 U.S.C. § 484a) to re-
main available, until expended, for the acquisition of
lands for National Forest purposes in the State of
Montana.
(4) Funds deposited in the Special Account or el-
igible for deposit shall not be subject to transfer or re-
programming for wildland fire management or any
other emergency purposes.
(c) LAND CONVEYANCES WITHIN THE GALLATIN NA-
TIONAL FOREST.—
(1) CONVEYANCE AUTHORITY.—The Secretary is
authorized, under such terms and conditions as the
Secretary may prescribe and without requirements for
further administrative or environmental analyses or
examination, to sell or exchange any or all rights,
title, and interests of the United States in the fol-
lowing lands within the Gallatin National Forest in
the State of Montana:
(A) SMC East Boulder Mine Portal Tract:
Principal Meridian, T.3S., R.11E., Section 4,
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lots 3 to 4 inclusive, W1⁄2SE1⁄4NW1⁄4, containing
76.27 acres more or less.
(B) Forest Service West Yellowstone Admin-
istrative Site: U.S. Forest Service Administra-
tive Site located within the NE1⁄4 of Block 17 of
the Townsite of West Yellowstone which is situ-
ated in the N1⁄2 of Section 34, T.13S., R.5E.,
Principal Meridian, Gallatin County, Montana,
containing 1.04 acres more or less.
(C) Mill Fork Mission Creek Tract: Prin-
cipal Meridian, T.13S., R.5E., Section 34,
NW1⁄4SW1⁄4, containing 40 acres more or less.
(D) West Yellowstone Town Expansion
Tract #1: Principal Meridian, T.13S., R.5E.,
Section 33, E1⁄2E1⁄2NE1⁄4, containing 40 acres
more or less.
(E) West Yellowstone Town Expansion
Tract #2: Principal Meridian, T.13S., R.5E.,
Section 33, NE1⁄4SE1⁄4, containing 40 acres
more or less.
(2) DESCRIPTIONS.—The Secretary may modify
the descriptions in subsection (c)(1) to correct errors
or to reconfigure the properties in order to facilitate
a conveyance.
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(3) CONSIDERATION.—Consideration for a sale
or exchange of land under this subsection may include
cash, land, or a combination of both.
(4) VALUATION.—Any appraisals of land deemed
necessary or desirable by the Secretary to carry out
the purposes of this section shall conform to the Uni-
form Appraisal Standards for Federal Land Acquisi-
tions.
(5) CASH EQUALIZATION.—Notwithstanding any
other provision of law, the Secretary may accept a
cash equalization payment in excess of 25 percent of
the value of any land exchanged under this sub-
section.
(6) SOLICITATIONS OF OFFERS.—The Secretary
may:
(A) solicit offers for sale or exchange of land
under this subsection on such terms and condi-
tions as the Secretary may prescribe, or
(B) reject any offer made under this sub-
section if the Secretary determines that the offer
is not adequate or not in the public interest.
(7) METHODS OF SALE.—The Secretary may sell
land at public or private sale, including competitive
sale by auction, bid, or otherwise, in accordance with
such terms, conditions, and procedures as the Sec-
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retary determines will be in the best interests of the
United States.
(8) BROKERS.—The Secretary may utilize bro-
kers or other third parties in the disposition of the
land authorized by this subsection and, from the pro-
ceeds of the sale, may pay reasonable commissions or
fees on the sale or sales.
(9) RECEIPTS FROM SALE OR EXCHANGE.—The
Secretary shall deposit the net receipts of a sale or ex-
change under this subsection in the Special Account.
(d) MISCELLANEOUS PROVISIONS.—
(1) Receipts from any sale or exchange pursuant
to subsection (c) of this section:
(A) shall not be deemed excess receipts for
purposes of this section;
(B) shall not be paid or distributed to the
State or counties under any provision of law, or
otherwise deemed as moneys received from the
National Forest for purposes of the Act of May
23, 1908 or the Act of March 1, 1911 (16 U.S.C.
§ 500, as amended), or the Act of March 4, 1913
(16 U.S.C. § 501, as amended).
(2) As of the date of enactment of this section,
any public land order withdrawing land described in
subsection (c)(1) from all forms of appropriation
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under the public land laws is revoked with respect to
any portion of the land conveyed by the Secretary
under this section.
(3) Subject to valid existing rights, all lands de-
scribed in section (c)(1) are withdrawn from location,
entry, and patent under the mining laws of the
United States.
(4) The Agriculture Property Management Regu-
lations shall not apply to any action taken pursuant
to this section.
(e) OPTION AGREEMENT AMENDMENT.—The Amend-
ment No. 1 to the Option Agreement is hereby ratified as
a matter of Federal law and the parties to it are authorized
to effect the terms and conditions thereof.
SEC. 331. TRANSFER OF FOREST LEGACY PROGRAM
LAND. Section 7(l) of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103c(l)) is amended by inserting
after paragraph (2) the following:
‘‘(3) TRANSFER OF FOREST LEGACY PROGRAM
LAND.—
‘‘(A) IN GENERAL.—Subject to any terms
and conditions that the Secretary may require
(including the requirements described in sub-
paragraph (B)), the Secretary may, at the re-
quest of a participating State, convey to the
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State, by quitclaim deed, without consideration,
any land or interest in land acquired in the
State under the Forest Legacy Program.
‘‘(B) REQUIREMENTS.—In conveying land
or an interest in land under subparagraph (A),
the Secretary may require that—
‘‘(i) the deed conveying the land or in-
terest in land include requirements for the
management of the land in a manner
that—
‘‘(I) conserves the land or interest
in land; and
‘‘(II) is consistent with any other
Forest Legacy Program purposes for
which the land or interest in land was
acquired;
‘‘(ii) if the land or interest in land is
subsequently sold, exchanged, or otherwise
disposed of by the State, the State shall—
‘‘(I) reimburse the Secretary in
an amount that is based on the current
market value of the land or interest in
land in proportion to the amount of
consideration paid by the United
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States for the land or interest in land;
or
‘‘(II) convey to the Secretary land
or an interest in land that is equal in
value to the land or interest in land
conveyed.
‘‘(C) DISPOSITION OF FUNDS.—Amounts re-
ceived by the Secretary under subparagraph
(B)(ii) shall be credited to the Forest Legacy
Program account, to remain available until ex-
pended.’’.
SEC. 332. Notwithstanding section 9(b) of Public Law
106–506, funds hereinafter appropriated under Public Law
106–506 shall require matching funds from non-Federal
sources on the basis of aggregate contribution to the Envi-
ronmental Improvement Program, as defined in Public
Law 106–506, rather than on a project-by-project basis, ex-
cept for those activities provided under section 9(c) of that
Act, to which this amendment shall not apply.
SEC. 333. Any application for judicial review of a
Record of Decision for any timber sale in Region 10 of the
Forest Service that had a Notice of Intent prepared on or
before January 1, 2003 shall—
(1) be filed in the Alaska District of the Federal
District Court within 30 days after exhaustion of the
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Forest Service administrative appeals process (36
C.F.R. 215) or within 30 days of enactment of this
Act if the administrative appeals process has been ex-
hausted prior to enactment of this Act, and the Forest
Service shall strictly comply with the schedule for
completion of administrative action;
(2) be completed and a decision rendered by the
court not later than 180 days from the date such re-
quest for review is filed; if a decision is not rendered
by the court within 180 days as required by this sub-
section, the Secretary of Agriculture shall petition the
court to proceed with the action.
SEC. 334. (a) IN GENERAL.—Notwithstanding any
other provision of law, the Secretary of Agriculture may
cancel, with the consent of the timber purchaser, any con-
tract for the sale of timber in Alaska if—
(1) the Secretary determines, in the Secretary’s
sole discretion, that the sale is uneconomical to per-
form; and
(2) the timber purchaser agrees to—
(A) terminate its rights under the contract;
and
(B) release the United States from all liabil-
ity, including further consideration or compensa-
tion resulting from such cancellation.
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(b) EFFECT OF CANCELLATION.—
(1) IN GENERAL.—The United States shall not
surrender any claim against a timber purchaser that
arose under a contract before cancellation under this
section not in connection with the cancellation.
(2) LIMITATION.—Cancellation of a contract
under this section shall release the timber purchaser
from liability for any damages resulting from can-
cellation of such contract.
(c) TIMBER AVAILABLE FOR RESALE.—Timber in-
cluded in a contract cancelled under this section shall be
available for resale by the Secretary of Agriculture.
SEC. 335. Funds appropriated for the Green Mountain
National Forest previously or in this Act may be used for
the acquisition of lands in the Blueberry Lake area.
SEC. 336. ELECTRIC
THERMAL
STORAGE
TECH-
NOLOGY. Section 412(9) of the Energy Conservation in Ex-
isting Buildings Act of 1976 (42 U.S.C. 6862(9)) is
amended—
(1) in subparagraph (I), by striking ‘‘and’’ at
the end;
(2) by redesignating subparagraph (J) as sub-
paragraph (K); and
(3) by inserting after subparagraph (I) the fol-
lowing:
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‘‘(J) electric thermal storage technology;
and’’.
SEC. 337. ZORTMAN/LANDUSKY MINE RECLAMATION
TRUST FUND. (a) ESTABLISHMENT.—There is established
in the Treasury of the United States a fund to be known
as the ‘‘Zortman/Landusky Mine Reclamation Trust Fund’’
(referred to in this section as the ‘‘Fund’’).
(b) DEPOSIT.—For the fiscal year during which this
Act is enacted and each fiscal year thereafter until the ag-
gregate amount deposited in the Fund under this subsection
is equal to at least $22,500,000, the Secretary of the Treas-
ury shall deposit $2,250,000 in the Fund.
(c) INVESTMENTS.—The Secretary of the Treasury
shall invest the amounts deposited under subsection (b) only
in interest-bearing obligations of the United States or in
obligations guaranteed by the United States as to both prin-
cipal and interest.
(d) PAYMENTS.—
(1) IN GENERAL.—All amounts credited as inter-
est under subsection (c) may be available, without fis-
cal year limitation, to the State of Montana for use
in accordance with paragraph (3) after the Fund has
been fully capitalized.
(2) WITHDRAWAL AND TRANSFER OF FUNDS.—
The Secretary of the Treasury shall withdraw
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amounts credited as interest under paragraph (1) and
transfer the amounts to the State of Montana for use
as State funds in accordance with paragraph (3)
after the Fund has been fully capitalized.
(3) USE OF TRANSFERRED FUNDS.—The State of
Montana shall use the amounts transferred under
paragraph (2) only to supplement funding available
from the State Administered ‘‘Zortman/Landusky
Long-Term Water Treatment Trust Fund’’ to fund
annual operation and maintenance costs for water
treatment related to the Zortman/Landusky mine site
and reclamation areas.
(e) TRANSFERS AND WITHDRAWALS.—The Sec-
retary of the Treasury may not transfer or withdraw
any amount deposited under subsection (b).
(f) ADMINISTRATIVE EXPENSES.—There are au-
thorized to be appropriated to the Secretary of the
Treasury such sums as are necessary to pay the ad-
ministrative expenses of the Fund.
SEC. 338. LAKE TAHOE RESTORATION PROJECTS. Sec-
tion 4(e)(3)(A) of the Southern Nevada Public Land Man-
agement Act of 1998 (112 Stat. 2346; 116 Stat. 2007) is
amended—
(1) in clause (v), by striking ‘‘and’’ at the end;
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(2) by redesignating clause (vi) as clause (vii);
and
(3) by inserting after clause (v) the following:
‘‘(vi) 
environmental 
restoration
projects under sections 6 and 7 of the Lake
Tahoe Restoration Act (114 Stat. 2354) and
environmental 
improvement 
payments
under section 2(g) of Public Law 96–586
(94 Stat. 3382), in an amount equal to the
cumulative amounts authorized to be appro-
priated for such projects under those Acts
and in accordance with a revision to the
Southern Nevada Public Land Management
Act of 1998 Implementation Agreement to
implement this section, which shall include
a mechanism to ensure appropriate stake-
holders from the States of California and
Nevada participate in the process to rec-
ommend projects for funding; and’’.
SEC. 339. ACQUISITION OF LAND IN NYE COUNTY, NE-
VADA. (a) IN GENERAL.—Subject to subsection (c), the Sec-
retary of the Interior (referred to in this section as the ‘‘Sec-
retary’’) may acquire by donation all right, title, and inter-
est in and to the parcel of land (including improvements
to the land) described in subsection (b).
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(b) DESCRIPTION OF LAND.—The land referred to in
subsection (a) is the parcel of land in Nye County,
Nevada—
(1) consisting of not more than 15 acres;
(2) comprising a portion of Tract 37 located
north of the center line of Nevada State Highway 374;
and
(3) located in the E1⁄2NW1⁄4, NW1⁄4NE1⁄4 sec. 22,
T. 12 S., R. 46 E., Mount Diablo Base and Meridian.
(c) CONDITIONS.—
(1) IN GENERAL.—The Secretary shall not accept
for donation under subsection (a) any land or struc-
ture if the Secretary determines that the land or
structure, or a portion of the land or structure, has
or or may be contaminated with—
(A) hazardous substances, pollutants, or
contaminants, as defined in section 101 of the
Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9601); or
(B) any petroleum substance, fraction, or
derivative.
(2) CERTIFICATION.—Before accepting a dona-
tion of land under subsection (a), the Secretary shall
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certify that any structures on the land to be
donated—
(A) meet all applicable building code re-
quirements, as determined by an independent
contractor; and
(B) are in good condition, as determined by
the Director of the National Park Service.
(d) USE OF LAND.—The parcel of land acquired under
subsection (a) shall be used by the Secretary for the develop-
ment, operation, and maintenance of administrative and
visitor facilities for Death Valley National Park.
SEC. 340. Section 301 of the Energy Policy Act of 1992
(42 U.S.C. 13211) is amended—
(1) by striking ‘‘or a dual fueled vehicle’’ at the
end of subparagraph (3) and inserting ‘‘, a dual
fueled vehicle, or a neighborhood electric vehicle’’;
(2) by striking ‘‘and’’ at the end of subpara-
graph (13);
(3) by striking the period at the end of subpara-
graph (14) and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(15) the term ‘neighborhood electric vehicle’
means a motor vehicle that qualifies as both—
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‘‘(A) a low-speed vehicle, as such term is de-
fined in section 571.3(b) of title 49, Code of Fed-
eral Regulations; and
‘‘(B) a zero-emission vehicle, as such term is
defined in section 86.1702–99 of title 40, Code of
Federal Regulations.’’.
SEC. 341. 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 striking ‘‘parcels of land’’ and
all that follows through the period at the end and inserting
the following: ‘‘parcel of land identified as ‘Tract C’ on the
map and the approximately 10 acres of land in Clark
County, Nevada, described as follows: in the NW1⁄4 SE1⁄4
SW1⁄4 of section 28, T. 20 S., R. 60 E., Mount Diablo Base
and Meridian.’’.
SEC. 342. NORTHEAST HOME HEATING OIL RESERVE
REPORT. Not later than December 1, 2003, the Secretary
of Energy shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Re-
sources of the House of Representatives a report that—
(1) describes—
(A) the various scenarios under which the
Northeast Home Heating Oil Reserve may be
used; and
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(B) the underlying assumptions for each of
the scenarios; and
(2) includes recommendations for alternative for-
mulas to determine supply disruption.
SEC. 343. 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 sen-
tence; 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 ex-
change, land or an interest in land described in para-
graph (2) for inclusion in the monument.
‘‘(2) DESCRIPTION OF LAND.—The land referred
to in paragraph (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 paragraph (2) shall be on file and available for
public inspection in the appropriate offices of the Na-
tional Park Service.
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‘‘(4) BOUNDARY
REVISION.—On acquisition of
the land or an interest in land under paragraph (1),
the Secretary shall revise the boundary of the monu-
ment to reflect the acquisition.
‘‘(5) ADMINISTRATION.—Any land acquired by
the Secretary under paragraph (1) shall be adminis-
tered 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 boundaries of the
monument; or
‘‘(C) negatively affects the economic develop-
ment of the areas surrounding the monument.
‘‘(d) ACREAGE LIMITATION.—The total acreage of the
monument shall not exceed 26,776 acres.’’.
SEC. 344. Section 104 (16 U.S.C. 1374) is amended
in subsection (c)(5)(D) by striking ‘‘the date of the enact-
ment of the Marine Mammal Protection Act Amendments
of 1994’’ and inserting ‘‘February 18, 1997’’.
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SEC. 345. The business size restrictions for the rural
business enterprise grants for Oakridge, Oregon do not
apply.
TITLE IV—WILDLAND FIRE EMERGENCY
APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WILDLAND FIRE MANAGEMENT
For necessary expenses to repay advances from other
appropriations transferred in fiscal year 2003 for emer-
gency rehabilitation and wildfire suppression activities of
the Department of the Interior, $75,000,000 to remain
available until expended: Provided, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 502 of House Concurrent Resolution 95,
the concurrent resolution on the budget for fiscal year 2004:
Provided further, That the entire amount shall be available
only to the extent that an official budget request for
$75,000,000, that includes designation of the entire amount
of $75,000,000 as an emergency requirement as defined in
House Concurrent Resolution 95, the concurrent resolution
on the budget for fiscal year 2004, is transmitted by the
President to the Congress.