H. R. 2217—55
(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. 317. 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 Renewable Resources
Planning Act.
SEC. 318. None of the funds in this Act may be used to support
Government-wide administrative functions unless such functions
are justified in the budget process and funding is approved by
the House and Senate Committees on Appropriations.
SEC. 319. Notwithstanding any other provision of law, none
of the funds in this Act may be used for GSA Telecommunication
Centers.
SEC. 320. None of the funds in this Act may be used for
planning, design or construction of improvements to Pennsylvania
Avenue in front of the White House without the advance approval
of the House and Senate Committees on Appropriations.
SEC. 321. Amounts deposited during fiscal year 2001 in the
roads and trails fund provided for in the 14th paragraph 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 State in which the amounts
were derived, to repair or reconstruct roads, bridges, and trails
on National Forest System lands or to carry out and administer
projects to improve 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 empha-
size 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 subse-
quent 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 environmental law.
H. R. 2217—56
SEC. 322. 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. 323. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised under the transaction
evidence appraisal system using domestic Alaska values for western
red cedar: Provided, That sales which are deficit when appraised
under the transaction evidence appraisal system using domestic
Alaska values for western red cedar may be advertised upon receipt
of a written request by a prospective, informed bidder, who has
the opportunity to review the Forest Service’s cruise and harvest
cost estimate for that timber. Program accomplishments shall be
based on volume sold. Should Region 10 sell, in fiscal year 2002,
the annual average portion of the decadal allowable sale quantity
called for in the current Tongass Land Management Plan in sales
which are not deficit when appraised under the transaction evidence
appraisal system using domestic Alaska values for western red
cedar, all of the western red cedar timber from those sales which
is surplus to the needs of domestic processors in Alaska, shall
be made available to domestic processors in the contiguous 48
United States at prevailing domestic prices. Should Region 10 sell,
in fiscal year 2002, less than the annual average portion of the
decadal allowable sale quantity called for in the current Tongass
Land Management Plan in sales which are not deficit when
appraised under the transaction evidence appraisal system using
domestic Alaska values for western red cedar, the volume of western
red cedar timber available to domestic processors 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 red
cedar 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
current Tongass Land Management Plan. The percentage shall
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 red cedar is eligible
for sale to various markets shall be made at the time each sale
is awarded). Western red cedar 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 red cedar logs from a given sale to domestic Alaska
processors at price equal to or greater than the log selling value
stated in the contract. All additional western red cedar volume
not sold to Alaska or contiguous 48 United States domestic proc-
essors 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. 324. The Forest Service, in consultation with the Depart-
ment of Labor, shall review Forest Service campground concessions
policy to determine if modifications can be made to Forest Service
contracts for campgrounds so that such concessions fall within
the regulatory exemption of 29 CFR 4.122(b). The Forest Service
shall offer in fiscal year 2002 such concession prospectuses under
the regulatory exemption, except that, any prospectus that does
H. R. 2217—57
not meet the requirements of the regulatory exemption shall be
offered as a service contract in accordance with the requirements
of 41 U.S.C. 351–358.
SEC. 325. A project undertaken by the Forest Service under
the Recreation Fee Demonstration Program as authorized by section
315 of the Department of the Interior and Related Agencies Appro-
priations Act for Fiscal Year 1996, as amended, shall not result
in—
(1) displacement of the holder of an authorization to provide
commercial recreation services on Federal lands. Prior to initi-
ating any project, the Secretary shall consult with potentially
affected holders 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 authoriza-
tion 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 provider, except when—
(A) the private sector provider fails to bid on such
opportunities;
(B) the private sector provider terminates its relation-
ship 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 subsequent
operator can be found through the offering of a new prospectus.
SEC. 326. For fiscal years 2002 and 2003, the Secretary of
Agriculture is authorized to limit competition for fire and fuel
treatment and watershed restoration contracts in the Giant Sequoia
National Monument and the Sequoia National Forest. Preference
for employment shall be given to dislocated and displaced workers
in Tulare, Kern and Fresno Counties, California, for work associated
with the establishment of the Giant Sequoia National Monument.
SEC. 327. REVISION
OF FOREST PLANS. Prior to October 1,
2002, the Secretary of Agriculture shall not be considered to be
in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable 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 National 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
Secretary 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 respect to such
plan and a court of proper jurisdiction may order completion of
the plan on an accelerated basis.
SEC. 328. Until September 30, 2003, the authority of the Sec-
retary of Agriculture to enter into a cooperative agreement under
the first section of Public Law 94–148 (16 U.S.C. 565a–1) for a
purpose described in such section includes the authority to use
that legal instrument when the principal purpose of the resulting
relationship is to the mutually significant benefit of the Forest
Service and the other party or parties to the agreement, including
nonprofit entities.
H. R. 2217—58
SEC. 329. (a) PILOT PROGRAM AUTHORIZING CONVEYANCE OF
EXCESS FOREST SERVICE STRUCTURES.—The Secretary of Agri-
culture may convey, by sale or exchange, any or all right, title,
and interest of the United States in and to excess buildings and
other structures located on National Forest System lands and under
the jurisdiction of the Forest Service. The conveyance may include
the land on which the building or other structure is located and
such other land immediately adjacent to the building or structure
as the Secretary considers necessary.
(b) LIMITATION.—Conveyances on not more than 10 sites may
be made under the authority of this section, and the Secretary
of Agriculture shall obtain the concurrence of the Committee on
Appropriations of the House of Representatives and the Committee
on Appropriations of the Senate in advance of each conveyance.
(c) USE OF PROCEEDS.—The proceeds derived from the sale
of a building or other structure under this section shall be retained
by the Secretary of Agriculture and shall be available to the Sec-
retary, without further appropriation until expended, for mainte-
nance and rehabilitation activities within the Forest Service Region
in which the building or structure is located.
(d) DURATION OF AUTHORITY.—The authority provided by this
section expires on September 30, 2005.
SEC. 330. Section 323(a) of the Department of the Interior
and Related Agencies Appropriations Act, 1999, as included in
Public Law 105–277, Div. A, section 101(e) is amended by inserting
‘‘and fiscal years 2002 through 2005,’’ before ‘‘to the extent funds
are otherwise available’’.
SEC. 331. No funds provided in this Act may be expended
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 established 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 Presidential proclamation establishing such
monument.
SEC. 332. Section 347(a) of the Department of the Interior
and Related Agencies Appropriations Act, 1999, as included in
Public Law 105–277, is amended by striking ‘‘2002’’ and inserting
‘‘2004’’. The authority to enter into stewardship and end result
contracts provided to the Forest Service in accordance with section
347 of title III of section 101(e) of division A of Public Law 105–
277 is hereby expanded to authorize the Forest Service to enter
into an additional 28 contracts subject to the same terms and
conditions as provided in that section: Provided, That of the addi-
tional contracts authorized by this section at least 9 shall be allo-
cated to Region 1 and at least 3 to Region 6.
SEC. 333. Any regulations or policies promulgated or adopted
by the Departments of Agriculture or the Interior regarding recovery
of costs for processing authorizations to occupy and use Federal
lands under their control shall adhere to and incorporate the fol-
lowing principle arising from Office of Management and Budget
Circular, A–25; no charge should be made for a service when the
identification of the specific beneficiary is obscure, and the service
can be considered primarily as benefiting broadly the general public.
SEC. 334. The Chief of the Forest Service shall issue a special
use permit for the Sioux Charlie Cabin within the boundary of
H. R. 2217—59
the Custer National Forest, Montana, to Montana State University-
Billings, for a term of 20 years for educational purposes compatible
with the cabin’s location. The permit shall be administered under
normal national forest system authorities and regulations, with
an additional review after 10 years to ensure the facility is being
used for educational purposes.
SEC. 335. Section 551(c) of the Land Between the Lakes Protec-
tion Act of 1998 (16 U.S.C. 460lll–61(c)) is amended by striking
‘‘2002’’ and inserting ‘‘2004’’.
SEC. 336. MODIFICATION TO STEEL LOAN GUARANTEE PROGRAM.
(a) IN GENERAL.—Section 101 of the Emergency Steel Loan Guar-
antee Act of 1999 (Public Law 106–51; 15 U.S.C. 1841 note) is
amended as follows:
(1) TERMS AND CONDITIONS.—Subsection (h) is amended—
(A) in paragraph (1), by striking ‘‘2005’’ and inserting
‘‘2015’’; and
(B) by amending paragraph (4) to read as follows:
‘‘(4) GUARANTEE LEVEL.—
‘‘(A) IN
GENERAL.—Except as provided in subpara-
graphs (B) and (C), any loan guarantee provided under
this section shall not exceed 85 percent of the amount
of principal of the loan.
‘‘(B) INCREASED LEVEL ONE.—A loan guarantee may
be provided under this section in excess of 85 percent,
but not more than 90 percent, of the amount of principal
of the loan, if—
‘‘(i) the aggregate amount of loans guaranteed at
such percentage and outstanding under this section
at any one time does not exceed $100,000,000; and
‘‘(ii) the aggregate amount of loans guaranteed
at such percentage under this section with respect
to a single qualified steel company does not exceed
$50,000,000.
‘‘(C) INCREASED LEVEL TWO.—A loan guarantee may
be provided under this section in excess of 85 percent,
but not more than 95 percent, of the amount of principal
of the loan, if—
‘‘(i) the aggregate amount of loans guaranteed at
such percentage and outstanding under this section
at any one time does not exceed $100,000,000; and
‘‘(ii) the aggregate amount of loans guaranteed
at such percentage under this section with respect
to a single qualified steel company does not exceed
$50,000,000.’’.
(2) TERMINATION OF GUARANTEE AUTHORITY.—Subsection
(k) is amended by striking ‘‘2001’’ and inserting ‘‘2003’’.
(b) APPLICABILITY.—The amendments made by this section shall
apply only with respect to any guarantee issued on or after the
date of the enactment of this Act.