H. R. 2691—28
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.
SEC. 118. Notwithstanding other provisions of law, the National
Park Service hereafter may authorize, through cooperative agree-
ment, 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 seed-
lings 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 seedlings and are available without fiscal
year limitation.
SEC. 120. Subject to the terms and conditions of section 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 provisions 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 shall be in accordance with humane
procedures prescribed by the Secretary.
SEC. 122. Of the funds made available under the heading
‘‘Bureau of Land Management, Land Acquisition’’ in title I of the
Department of the Interior and Related Agencies 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 Pre-
serve Act (116 Stat. 2896), with any surplus funds available after
the purchase 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 acquisi-
tion by the National Park Service for Shenandoah Valley Battle-
fields National Historic District, New Jersey Pinelands Preserve,
and Ice Age National Scenic Trail may be used for a grant to
a State, a local government, or any other governmental land
management 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.
SEC. 125. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of such
bridge, when such pedestrian use is consistent with generally
accepted safety standards.
H. R. 2691—29
SEC. 126. None of the funds made available in this or any
other Act for any fiscal year may be used to designate, or to
post any sign designating, any portion of Canaveral National Sea-
shore in Brevard County, Florida, as a clothing-optional area or
as an area in which public nudity is permitted, if such designation
would be contrary to county ordinance.
SEC. 127. None of the funds in this or any other Act can
be used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United States
District Court for the District of Columbia in the Cobell v. Norton
litigation at an annual rate that exceeds 200 percent of the highest
Senior Executive Service rate of pay for the Washington-Baltimore
locality pay area.
SEC. 128. The Secretary of the Interior may use discretionary
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 pay-
ments under this section 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. 129. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endan-
gered species of salmon, implement a system of mass marking
of salmonid stocks, intended for harvest, that are released from
Federally operated or Federally financed 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 commercial and recreational fishers.
SEC. 130. Such sums as may be necessary from ‘‘Departmental
Management, Salaries and Expenses’’, may be transferred to
‘‘United States Fish and Wildlife Service, Resource Management’’
for operational needs at the Midway Atoll National Wildlife Refuge
airport.
SEC. 131. (a) IN GENERAL.—Nothing in section 134 of the
Department of the Interior and Related Agencies Appropriations
Act, 2002 (115 Stat. 443) affects the decision of the United States
Court of Appeals for the 10th Circuit in Sac and Fox Nation v.
Norton, 240 F.3d 1250 (2001).
(b) USE OF CERTAIN INDIAN LAND.—Nothing in this section
permits the conduct of gaming under the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) on land described in section 123
of the Department of the Interior and Related Agencies Appropria-
tions Act, 2001 (114 Stat. 944), or land that is contiguous to that
land, regardless of whether the land or contiguous land has been
taken into trust by the Secretary of the Interior.
SEC. 132. 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. 133. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory 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.
H. R. 2691—30
SEC. 134. The State of Utah’s contribution requirement pursu-
ant 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 section 2(b) of Public Law 105–363, for
management by the Utah Division of Wildlife Resources for wildlife
habitat and public access to the Ranch as well as to adjacent
lands managed by the Bureau of Land Management.
SEC. 135. Upon enactment of this Act, the Congaree Swamp
National Monument shall be designated the Congaree National
Park.
SEC. 136. (a) Section 122 of division F of Public Law 108–
7 is amended as follows:
(1) Paragraph 122(a)(4) is amended to read—
‘‘(4) TRIBALLY
CONTROLLED
SCHOOL.—The term ‘tribally
controlled school’ means a school that currently receives a
grant under the Tribally Controlled Schools Act of 1988, as
amended (25 U.S.C. 2501 et seq.) or is determined by the
Secretary to meet the eligibility criteria of section 5205 of
the Tribally Controlled Schools Act of 1988, as amended (25
U.S.C. 2504).’’.
(2) Paragraph 122(b)(1) is amended by striking the second
sentence and inserting: ‘‘The Secretary shall ensure that
applications for funding to replace schools currently receiving
funding for facility operation and maintenance from the Bureau
of Indian Affairs receive the highest priority for grants under
this section. Among such applications, the Secretary shall give
priority to applications of Indian tribes that agree to fund
all future facility operation and maintenance costs of the trib-
ally controlled school funded under the demonstration program
from other than Federal funds.’’.
(3) Subsection (c) is amended by inserting after ‘‘EFFECT
OF GRANT.—’’ the following: ‘‘(1) Except as provided in para-
graph (2) of this subsection,’’ and is further amended by adding
the following new paragraph:
‘‘(2) A tribe receiving a grant for construction of a tribally
controlled school under this section shall not be eligible to
receive funding from the Bureau of Indian Affairs for that
school for education operations or facility operation and mainte-
nance if the school that was not at the time of the grant:
(i) a school receiving funding for education operations or facility
operation and maintenance under the Tribally Controlled
Schools Act or the Indian Self-Determination and Education
Assistance Act or (ii) a school operated by the Bureau of Indian
Affairs.’’.
(b) Notwithstanding the provisions of paragraph (b)(1) of section
122 of division F of Public Law 108–7, as amended by this Act,
the Saginaw-Chippewa tribal school and the Redwater Elementary
School shall receive priority for funding available in fiscal year
2004. The Saginaw-Chippewa tribal school shall receive $3,000,000
from prior year funds, and the Redwater Elementary School shall
receive $6,000,000 available in fiscal year 2004.
SEC. 137. The Secretary shall have no more than 180 days
from October 1, 2003, to prepare and submit to the Congress,
in a manner otherwise consistent with the Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), plans
H. R. 2691—31
for the use and distribution of the Mescalero Apache Tribe’s Judg-
ment Funds from Docket 92–403L, the Pueblo of Isleta’s Judgment
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 60-day period begin-
ning on the day each plan is submitted to the Congress.
SEC. 138. (a) SHORT TITLE.—This section may be cited as the
‘‘Eastern Band of Cherokee Indians Land Exchange Act of 2003’’.
(b) FINDINGS AND PURPOSES.—
(1) FINDINGS.—Congress finds the following:
(A) Since time immemorial, the ancestors of the
Eastern Band of Cherokee Indians have lived in the Great
Smoky Mountains of North Carolina. The Eastern Band’s
ancestral homeland includes substantial parts of seven
eastern States and the land that now constitutes the Great
Smoky Mountains National Park.
(B) The Eastern Band has proposed a land exchange
with the National Park Service and has spent over
$1,500,000 for studies to thoroughly inventory the environ-
mental and cultural resources of the proposed land
exchange parcels.
(C) Such land exchange would benefit the American
public by enabling the National Park Service to acquire
the Yellow Face tract, comprising 218 acres of land adjacent
to the Blue Ridge Parkway.
(D) Acquisition of the Yellow Face tract for protection
by the National Park Service would serve the public
interest by preserving important views for Blue Ridge Park-
way visitors, preserving habitat for endangered species and
threatened species including the northern flying squirrel
and the rock gnome lichen, preserving valuable high alti-
tude wetland seeps, and preserving the property from rap-
idly advancing residential development.
(E) The proposed land exchange would also benefit
the Eastern Band by allowing it to acquire the Ravensford
tract, comprising 143 acres adjacent to the Tribe’s trust
territory in Cherokee, North Carolina, and currently within
the Great Smoky Mountains National Park and Blue Ridge
Parkway. The Ravensford tract is part of the Tribe’s ances-
tral homeland as evidenced by archaeological finds dating
back no less than 6,000 years.
(F) The Eastern Band has a critical need to replace
the current Cherokee Elementary School, which was built
by the Department of the Interior over 40 years ago with
a capacity of 480 students. The school now hosts 794 stu-
dents in dilapidated buildings and mobile classrooms at
a dangerous highway intersection in downtown Cherokee,
North Carolina.
(G) The Eastern Band ultimately intends to build a
new three-school campus to serve as an environmental,
cultural, and educational ‘‘village,’’ where Cherokee lan-
guage and culture can be taught alongside the standard
curriculum.