H. J. Res. 2—224
to support the operation of any elementary or secondary school
in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the schools
in the Bureau school system as of September 1, 1996. No funds
available to the Bureau shall be used to support expanded grades
for any school or dormitory beyond the grade structure in place
or approved by the Secretary of the Interior at each school in
the Bureau school system as of October 1, 1995. Funds made
available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1146 of the Education Amendments of 1978 (25 U.S.C. 2026)),
except that a charter school that is in existence on the date of
the enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to operate
during that period, but only if the charter school pays to the
Bureau a pro rata share of funds to reimburse the Bureau for
the use of the real and personal property (including buses and
vans), the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any obligation
for charter school programs of the State in which the school is
located if the charter school loses such funding. Employees of
Bureau-funded schools sharing a campus with a charter school
and performing functions related to the charter school’s operation
and employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United States
Code (commonly known as the ‘‘Federal Tort Claims Act’’).
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $76,217,000, of which:
(1) $70,922,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the judiciary
in American Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to the Government of American
Samoa, in addition to current local revenues, for construction and
support of governmental functions; grants to the Government of
the Virgin Islands as authorized by law; grants to the Government
of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands as authorized by law (Public
Law 94–241; 90 Stat. 272); and (2) $5,295,000 shall be available
for salaries and expenses of the Office of Insular Affairs: Provided,
That all financial transactions of the territorial and local govern-
ments herein provided for, including such transactions of all agen-
cies or instrumentalities established or used by such governments,
may be audited by the General Accounting Office, at its discretion,
in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement
of the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by Public
H. J. Res. 2—225
Law 104–134: Provided further, That of the amounts provided for
technical assistance, sufficient funding shall be made available for
a grant to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance improvement
are appropriated to institutionalize routine operations and mainte-
nance improvement 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 appropriation for disaster assist-
ance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose
of hazard mitigation grants provided pursuant to section 404 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for the Fed-
erated States of Micronesia and the Republic of the Marshall Islands
as provided for in sections 122, 221, 223, 232, and 233 of the
Compact of Free Association, and for economic assistance and nec-
essary expenses for the Republic of Palau as provided for in sections
122, 221, 223, 232, and 233 of the Compact of Free Association,
$20,985,000, to remain available until expended, as authorized by
Public Law 99–239 and Public Law 99–658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the Department
of the Interior, $72,427,000, of which not to exceed $8,500 may
be for official reception and representation expenses, and of which
up to $1,000,000 shall be available for workers compensation pay-
ments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$47,773,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$36,239,000, of which $3,812,000 shall be for procurement by con-
tract of independent auditing services to audit the consolidated
Department of the Interior annual financial statement and the
annual financial statement of the Department of the Interior
bureaus and offices funded in this Act.
H. J. Res. 2—226
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct expendi-
ture, contracts, cooperative agreements, compacts, and grants,
$141,277,000, to remain available until expended, of which
$15,000,000 is for historical accounting: Provided, That funds for
trust management improvements may be transferred, as needed,
to the Bureau of Indian Affairs ‘‘Operation of Indian Programs’’
account and to the Departmental Management ‘‘Salaries and
Expenses’’ account: Provided further, That funds made available
to Tribes and Tribal organizations through contracts or grants
obligated during fiscal year 2003, 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 grantee: Provided
further, That notwithstanding any other provision 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 enact-
ment of this Act, concerning losses to or mismanagement of trust
funds, until the affected tribe or individual Indian has been fur-
nished with an accounting of such funds from which the beneficiary
can determine whether there has been a loss: Provided further,
That notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of perform-
ance 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 request of the account holder: Provided further, That not
to exceed $50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after Sep-
tember 30, 2002: Provided further, That erroneous payments that
are recovered shall be credited to this account.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian lands and
expenses 
associated 
with 
redetermining 
and 
redistributing
escheated interests in allotted lands, and for necessary expenses
to carry out the Indian Land Consolidation Act of 1983, as amended,
by direct expenditure or cooperative agreement, $7,980,000, to
remain available until expended and which may be transferred
to the Bureau of Indian Affairs and Departmental Management.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and restora-
tion activities by the Department of the Interior necessary to carry
out the provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et
seq.), Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 et seq.), the Oil Pollution Act of 1990 (Public Law 101–
380) (33 U.S.C. 2701 et seq.), and Public Law 101–337, as amended
H. J. Res. 2—227
(16 U.S.C. 19jj et seq.), $5,538,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess surplus property: Provided,
That notwithstanding any other provision of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft: Pro-
vided further, That notwithstanding any other provision of law,
the Office of Aircraft Services shall transfer to the Sheriff’s Office,
Kane County, Utah, without restriction, a Cessna U206G, identifica-
tion number N211S, serial number 20606916, for the purpose of
facilitating more efficient law enforcement activities at Glen Canyon
National Recreation Area and the Grand Staircase Escalante
National Monument: 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 or the Consoli-
dated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be ‘‘emergency
requirements’’ pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, and must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland
fires on or threatening lands under the jurisdiction of the Depart-
ment of the Interior; for the emergency rehabilitation of burned-
over lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage assess-
ment activities related to actual oil spills; for the prevention,
suppression, and control of actual or potential grasshopper and
Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 1773(b) of Public
Law 99–198 (99 Stat. 1658); for emergency reclamation projects
under section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Mining Reclama-
tion and Enforcement, such funds as may be necessary to permit
H. J. Res. 2—228
assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for wildland
fire operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reimbursement
to other Federal agencies for destruction of vehicles, aircraft, or
other equipment in connection with their use for wildland fire
operations, such reimbursement to be credited to appropriations
currently available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made available
under this authority until the Secretary determines that funds
appropriated for ‘‘wildland fire operations’’ shall be exhausted
within 30 days: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be ‘‘emergency
requirements’’ pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, and must be
replenished by a supplemental appropriation which must be
requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
SEC. 103. Appropriations made in this title shall be available
for operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized
by sections 1535 and 1536 of title 31, United States Code: Provided,
That reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the appropriation
current at the time such reimbursements are received.
SEC. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount
not to exceed $500,000; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library membership
in societies or associations which issue publications to members
only or at a price to members lower than to subscribers who
are not members.
SEC. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901–5902
and D.C. Code 4–204).
SEC. 106. Annual appropriations made in this title shall be
available for obligation in connection with contracts issued for serv-
ices or rentals for periods not in excess of 12 months beginning
at any time during the fiscal year.
SEC. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under restriction
in the President’s moratorium statement of June 12, 1998, in the
areas of northern, central, and southern California; the North
Atlantic; Washington and Oregon; and the eastern Gulf of Mexico
south of 26 degrees north latitude and east of 86 degrees west
longitude.
H. J. Res. 2—229
SEC. 108. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore oil
and natural gas preleasing, leasing, and related activities, on lands
within the North Aleutian Basin planning area.
SEC. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and natural
gas preleasing, leasing and related activities in the eastern Gulf
of Mexico planning area for any lands located outside Sale 181,
as identified in the final Outer Continental Shelf 5-Year Oil and
Gas Leasing Program, 1997–2002.
SEC. 110. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural gas
preleasing, leasing and related activities in the Mid-Atlantic and
South Atlantic planning areas.
SEC. 111. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant to the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.) or the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.) may be invested by the Indian tribe, tribal
organization, or consortium before such funds are expended for
the purposes of the grant, compact, or annual funding agreement
so long as such funds are—
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in obliga-
tions or securities that are guaranteed or insured by the United
States, or mutual (or other) funds registered with the Securities
and Exchange Commission and which only invest in obligations
of the United States or securities that are guaranteed or insured
by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
SEC. 112. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may provide for and regulate local non-rec-
reational passage through units of the National Park System,
allowing each unit to develop guidelines and permits for such
activity appropriate to that unit.
SEC. 113. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any available unobligated balances from prior appro-
priations Acts made under the same headings, shall be available
for expenditure or transfer for Indian trust management and reform
activities.
SEC. 114. Notwithstanding any other provision of law, the
Secretary of the Interior hereafter has ongoing authority to nego-
tiate and enter into agreements and leases, without regard to
section 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C.
303b), with any person, firm, association, organization, corporation,
or governmental entity, for all or part of the property within Fort
Baker administered by the Secretary as part of the Golden Gate
National Recreation Area. The proceeds of the agreements or leases
or any statutorily authorized fees, hereafter shall be retained by
the Secretary and such proceeds shall remain available until
H. J. Res. 2—230
expended, without further appropriation, for the preservation, res-
toration, operation, maintenance, interpretation, public programs,
and related expenses of the National Park Service and nonprofit
park partners incurred with respect to Fort Baker properties.
SEC. 115. Notwithstanding any other provision of law, for the
purpose of reducing the backlog of Indian probate cases in the
Department of the Interior, the hearing requirements of chapter
10 of title 25, United States Code, are deemed satisfied by a pro-
ceeding conducted by an Indian probate judge, appointed by the
Secretary without regard to the provisions of title 5, United States
Code, governing the appointments in the competitive service, for
such period of time as the Secretary determines necessary: Provided,
That the basic pay of an Indian probate judge so appointed may
be fixed by the Secretary without regard to the provisions of chapter
51, and subchapter III of chapter 53 of title 5, United States
Code, governing the classification and pay of General Schedule
employees, except that no such Indian probate judge may be paid
at a level which exceeds the maximum rate payable for the highest
grade of the General Schedule, including locality pay.
SEC. 116. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inac-
curate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2003. Under circumstances of dual enrollment, overlap-
ping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
SEC. 117. Funds appropriated for the Bureau of Indian Affairs
for postsecondary schools for fiscal year 2003 shall be allocated
among the schools proportionate to the unmet need of the schools
as determined by the Postsecondary Funding Formula adopted by
the Office of Indian Education Programs.
SEC. 118. (a) The Secretary of the Interior shall take such
action as may be necessary to ensure that the lands comprising
the Huron Cemetery in Kansas City, Kansas (as described in section
123 of Public Law 106–291) are used only in accordance with
this section.
(b) The lands of the Huron Cemetery shall be used only: (1)
for religious and cultural uses that are compatible with the use
of the lands as a cemetery; and (2) as a burial ground.
SEC. 119. Notwithstanding any other provision of law, in con-
veying the Twin Cities Research Center under the authority pro-
vided by Public Law 104–134, as amended by Public Law 104–
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. 120. Notwithstanding other provisions of law, the National
Park Service may authorize, through cooperative agreement, the
Golden Gate National Parks Association to provide fee-based edu-
cation, interpretive and visitor service functions within the Crissy
Field and Fort Point areas of the Presidio.
H. J. Res. 2—231
SEC. 121. 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 2002, 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. 122. TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION PRO-
GRAM. (a) DEFINITIONS.—In this section:
(1) CONSTRUCTION.—The term ‘‘construction’’, with respect
to a tribally controlled school, includes the construction or
renovation of that school.
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) TRIBALLY CONTROLLED SCHOOL.—The term ‘‘tribally con-
trolled school’’ has the meaning given that term in section
5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C.
2511).
(5) DEPARTMENT.—The term ‘‘Department’’ means the
Department of the Interior.
(6) DEMONSTRATION PROGRAM.—The term ‘‘demonstration
program’’ means the Tribal School Construction Demonstration
Program.
(b) IN GENERAL.—The Secretary shall carry out a demonstration
program for fiscal years 2003 through 2007 to provide grants to
Indian tribes for the construction of tribally controlled schools.
(1) IN GENERAL.—Subject to the availability of appropria-
tions, in carrying out the demonstration program under sub-
section (b), the Secretary shall award a grant to each Indian
tribe that submits an application that is approved by the Sec-
retary under paragraph (2). The Secretary shall ensure that
an Indian tribe that agrees to fund all future operation and
maintenance costs of the tribally controlled school constructed
under the demonstration program from other than Federal
funds receives the highest priority for a grant under this sec-
tion.
(2) GRANT APPLICATIONS.—An application for a grant under
the section shall—
(A) include a proposal for the construction of a tribally
controlled school of the Indian tribe that submits the
application; and
(B) be in such form as the Secretary determines appro-
priate.
(3) GRANT AGREEMENT.—As a condition to receiving a grant
under this section, the Indian tribe shall enter into an agree-
ment with the Secretary that specifies—
(A) the costs of construction under the grant;
(B) that the Indian tribe shall be required to contribute
towards the cost of the construction a tribal share equal
to 50 percent of the costs; and
(C) any other term or condition that the Secretary
determines to be appropriate.
(4) ELIGIBILITY.—Grants awarded under the demonstration
program shall be used only for construction or replacement
of a tribally controlled school.
H. J. Res. 2—232
(c) EFFECT OF GRANT.—A grant received under this section
shall be in addition to any other funds received by an Indian
tribe under any other provision of law. The receipt of a grant
under this section shall not affect the eligibility of an Indian tribe
receiving funding, or the amount of funding received by the Indian
tribe, under the Tribally Controlled Schools Act of 1988 (25 U.S.C.
2501 et seq.) or the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.).
(d) REPORT.—At the conclusion of the five-year demonstration
program, the Secretary shall report to Congress as to whether
the demonstration program has achieved its purposes of providing
additional tribes fair opportunities to construct tribally controlled
schools, accelerating construction of needed educational facilities
in Indian Country, and permitting additional funds to be provided
for the Department’s priority list for construction of replacement
educational facilities.
SEC. 123. WHITE RIVER OIL SHALE MINE, UTAH. SALE.—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. 124. 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 (73 Stat. 470; 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. 125. Funds provided in this Act for Federal land acquisi-
tion by the National Park Service for Shenandoah Valley Battle-
fields National Historic District, 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 Con-
servation Fund Act of 1965 as amended.
SEC. 126. 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. 127. 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.
SEC. 128. 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. 129. Notwithstanding any other provision of law, the
United States Fish and Wildlife Service may use funds appropriated
in this Act for incidental expenses related to promoting and cele-
brating the Centennial of the National Wildlife Refuge System.