H. R. 4578—59
joint venture funds unallocated after March 1, 2001, shall be made
available for joint venture projects on a competitive basis giving
priority to tribes that currently have no existing Federally-owned
health care facility, have planning documents meeting Indian
Health Service requirements prepared for approval by the Service
and can demonstrate the financial capability needed to provide
an appropriate facility: Provided further, That the Indian Health
Service shall request additional staffing, operation and maintenance
funds for these facilities in future budget requests: 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
facilities: Provided further, That not to exceed $500,000 shall be
used by the Indian Health Service to obtain ambulances for the
Indian Health Service and tribal facilities in conjunction with an
existing interagency 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,
available until expended, to be used by the Indian Health Service
for demolition of Federal buildings: Provided further, That notwith-
standing the provisions of title III, section 306, of the Indian Health
Care Improvement Act (Public Law 94–437, as amended), construc-
tion contracts authorized under title I of the Indian Self-Determina-
tion and Education Assistance Act of 1975, as amended, may be
used rather than grants to fund small ambulatory facility construc-
tion projects: Provided further, That if a contract is used, the
IHS is authorized to improve municipal, private, or tribal lands,
and that at no time, during construction or after completion of
the project will the Federal Government have any rights or title
to any real or personal property acquired as a part of the contract.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service 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 equip-
ment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and for uniforms
or allowances therefore as authorized by 5 U.S.C. 5901–5902; and
for expenses of attendance at meetings which are concerned with
the functions or activities for which the appropriation is made
or which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided, That in
accordance with the provisions of the Indian Health Care Improve-
ment Act, non-Indian patients may be extended health care at
all tribally administered or Indian Health Service facilities, subject
to charges, and the proceeds 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: Provided fur-
ther, That notwithstanding any other law or regulation, funds trans-
ferred 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
H. R. 4578—60
93–638, as amended: Provided further, That 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 directed at curtailing Federal travel and transpor-
tation: Provided further, That notwithstanding any other provision
of law, funds previously or herein made available to a tribe or
tribal organization 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 contract under
title I, or a self-governance agreement under title III of such Act
and thereafter shall remain available to the tribe or tribal organiza-
tion without fiscal year limitation: Provided further, That 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 submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request
has been included in an appropriations Act and enacted into law:
Provided further, That funds made available in this Act are to
be apportioned to the Indian Health Service as appropriated in
this Act, and accounted for in the appropriation structure set forth
in this Act: Provided further, That with respect to functions trans-
ferred by the Indian Health Service to tribes or tribal organizations,
the Indian Health Service is authorized to provide goods and serv-
ices to those entities, on a reimbursable basis, including payment
in advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account which provided
the funding, said amounts to remain available until expended:
Provided further, That reimbursements for training, technical
assistance, or services provided by the Indian Health Service will
contain total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or technical assist-
ance: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without 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, $15,000,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations 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
H. R. 4578—61
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
a replacement residence off the Navajo reservation 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), $4,125,000.
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 documentation of the
National Collections; presentation of public exhibits and perform-
ances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease (for terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to five replacement passenger
vehicles; purchase, rental, repair, and cleaning of uniforms for
employees, $387,755,000, of which not to exceed $47,088,000 for
the instrumentation program, collections acquisition, Museum Sup-
port Center equipment and move, exhibition reinstallation, the
National Museum of the American Indian, the repatriation of skel-
etal remains program, research equipment, information manage-
ment, and Latino programming shall remain available until
expended, 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 partici-
pating in official Smithsonian presentations: Provided further, That
the Smithsonian Institution 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 supported
activities are housed in the 900 H Street, N.W. building in the
District of Columbia: Provided further, That 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 constructing improvements to such building.
H. R. 4578—62
REPAIR, RESTORATION AND ALTERATION OF FACILITIES
For necessary expenses of repair, restoration, 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), including not to exceed $10,000
for services as authorized by 5 U.S.C. 3109, $57,600,000, to remain
available until expended, of which $7,600,000 is provided for repair,
rehabilitation and alteration of facilities at the National Zoological
Park: 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.
CONSTRUCTION
For necessary expenses for construction, $9,500,000, to remain
available until expended.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
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.
The Smithsonian Institution shall not use Federal funds in
excess of the amount specified in Public Law 101–185 for the
construction of the National Museum of the American Indian.
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.
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, and administra-
tive 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 Resolution 9, Seventy-sixth Congress),
including services as authorized by 5 U.S.C. 3109; payment in
advance when authorized by the treasurer of the Gallery for mem-
bership in library, museum, and art associations or societies whose
publications or services are available to members only, or to mem-
bers at a price lower than to the general public; purchase, repair,
and cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized 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 repair 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
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
H. R. 4578—63
may deem proper, $64,781,000, of which not to exceed $3,026,000
for the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, as authorized,
$10,871,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems,
and exterior repair or renovation of buildings of the National Gal-
lery 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 Performing Arts,
$14,000,000.
CONSTRUCTION
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $20,000,000, 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, $7,310,000.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$98,000,000 shall be available to the National Endowment for the
Arts for the support of projects and productions in the arts through
assistance to organizations and individuals pursuant to sections
5(c) and 5(g) of the Act, for program support, and for administering
the functions of the Act, to remain available until expended: Pro-
vided, That funds previously appropriated to the National Endow-
ment for the Arts ‘‘Matching Grants’’ account may be transferred
to and merged with this account.
H. R. 4578—66
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public 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 under this Act shall
be available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the
Shawnee National Forest, Illinois: Provided, That nothing herein
is intended to inhibit or otherwise affect the sale, lease, or right
to access to minerals owned by private individuals.
SEC. 303. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which congressional
action is not complete.
SEC. 304. 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. 305. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer or
employee of such department or agency except as otherwise provided
by law.
SEC. 306. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act unless
advance notice of such assessments and the basis therefor are
presented to the Committees on Appropriations and are approved
by such committees.
SEC. 307. 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 located on National
Forest System or Bureau of Land Management lands in a manner
different than such sales were conducted in fiscal year 2000.
SEC. 308. 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. 309. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program,
unless the relevant agencies of the Department of the Interior
and/or Agriculture follow appropriate reprogramming guidelines:
Provided, That if no funds are provided for the AmeriCorps program
by the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2001,
then none of the funds appropriated or otherwise made available
by this Act may be used for the AmeriCorps programs.
SEC. 310. 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 it is made known to the Federal official having
H. R. 4578—67
authority to obligate or expend such funds that such pedestrian
use is consistent with generally accepted safety standards.
SEC. 311. (a) LIMITATION OF FUNDS.—None of the funds appro-
priated or otherwise made available pursuant to this Act shall
be obligated or expended to accept or process 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 Sec-
retary 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 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, 2001, the Secretary of the
Interior shall file with the House and Senate Committees on Appro-
priations and the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Natural Resources
of the Senate a report on actions 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 Management to conduct a mineral examina-
tion of the mining claims or mill sites contained in a patent applica-
tion as set forth in subsection (b). The Bureau of Land Management
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.
SEC. 312. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports 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, and 106–
113 for payments to tribes and tribal organizations for contract
support costs associated with self-determination or self-governance
contracts, grants, compacts, or annual funding 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 2000 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 agreements.
SEC. 313. Notwithstanding any other provision of law, for fiscal
year 2001 the Secretaries of Agriculture and the Interior are author-
ized to limit competition for watershed restoration project contracts
as part of the ‘‘Jobs in the Woods’’ component of the President’s
Forest Plan for the Pacific Northwest or the Jobs in the Woods
Program established in Region 10 of the Forest Service to individ-
uals and entities in historically timber-dependent areas in the
States of Washington, Oregon, northern California and Alaska that
H. R. 4578—68
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 eco-
nomic opportunities for local contractors.
SEC. 314. None of the funds collected under the Recreational
Fee Demonstration program may be used to plan, design, or con-
struct a visitor center or any other permanent structure without
prior approval of the House and the Senate Committees on Appro-
priations if the estimated total cost of the facility exceeds $500,000.
SEC. 315. All interests created under leases, concessions, per-
mits and other agreements associated with the properties adminis-
tered by the Presidio Trust, hereafter shall be exempt from all
taxes and special assessments of every kind by the State of Cali-
fornia and its political subdivisions.
SEC. 316. 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. 317. Of the funds provided to the National Endowment
for the Arts—
(1) The Chairperson shall only award a grant to an indi-
vidual if such grant is awarded to such individual for a lit-
erature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or 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
exchange 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. 318. 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 Endow-
ment 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 rep-
resentative 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. 319. (a) In providing services or awarding financial assist-
ance under the National Foundation on the Arts and the Human-
ities 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, productions, workshops, or programs that
serve underserved populations.
(b) In this section:
H. R. 4578—69
(1) The term ‘‘underserved population’’ means a population
of individuals, including urban minorities, 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 section 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 assistance
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, workshops, or programs that will encourage
public knowledge, 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 Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 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. 320. ADVISORY COMMITTEE
ON FOREST COUNTIES PAY-
MENTS.
(a) DEFINITIONS.—In this section:
(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’
means the Forest Counties Payments Committee established
by this section.
(2) COMMITTEES OF JURISDICTION.—The term ‘‘committees
of jurisdiction’’ means the Committee on Agriculture, the Com-
mittee on Resources, and the Committee on Appropriations
of the House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry, the Committee on Energy
and Natural Resources, and the Committee on Appropriations
of the Senate.
(3) ELIGIBLE COUNTY.—The term ‘‘eligible county’’ means
a county that, for one or more of the fiscal years 1986 through
1999, received—
(A) a payment under title II of the Act of August
28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f),
or the Act of May 24, 1939 (chapter 144; 53 Stat. 753;
43 U.S.C. 1181f–1 et seq.); or
(B) a portion of an eligible State’s payment, as
described in paragraph (4).
(4) ELIGIBLE STATE.—The term ‘‘eligible State’’ means a
State that, for one or more of the fiscal years 1986 through