H. R. 2217—45
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 notwithstanding the
provisions of title III, section 306, of the Indian Health Care
Improvement Act (Public Law 94–437, as amended), construction
contracts authorized under title I of the Indian Self-Determination
and Education Assistance Act of 1975, as amended, may be used
rather than grants to fund small ambulatory facility construction
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:
Provided further, That notwithstanding any other provision of law
or regulation, for purposes of acquiring sites for a new clinic and
staff quarters in St. Paul Island, Alaska, the Secretary of Health
and Human Services may accept land donated by the Tanadgusix
Corporation.
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.
In accordance with the provisions of the Indian Health Care
Improvement 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.
Notwithstanding 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 pur-
poses, shall not be subject to limitations directed at curtailing
Federal travel and transportation.
Notwithstanding any other provision of law, funds previously
or herein made available to a tribe or tribal organization through
a contract, grant, or agreement authorized 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
H. R. 2217—46
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 organization without fiscal year
limitation.
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.
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.
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 payment in advance with subse-
quent adjustment. 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. 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 associated with the
provision of goods, services, or technical assistance.
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, $15,148,000, 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
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.
H. R. 2217—47
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), $4,490,000.
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, $399,253,000, of which not to exceed $37,508,000 for
the instrumentation program, collections acquisition, exhibition re-
installation, the National Museum of the American Indian, and
the repatriation of skeletal remains program 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 participating in official Smithsonian presentations: Provided fur-
ther, That the Smithsonian Institution may expend Federal appro-
priations 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.
REPAIR, RESTORATION AND ALTERATION OF FACILITIES
For necessary expenses of maintenance, 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,
$67,900,000, to remain available until expended, of which
$10,000,000 is provided for maintenance, repair, rehabilitation and
alteration of facilities at the National Zoological Park: Provided,
H. R. 2217—48
That contracts awarded for environmental systems, protection sys-
tems, 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, $30,000,000, to remain
available until expended.
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 by the Board of Regents
of recommendations received 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 accordance 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, 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
may deem proper, $68,967,000, of which not to exceed $3,026,000
for the special exhibition program shall remain available until
expended.
H. R. 2217—49
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,
$14,220,000, 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,
$15,000,000.
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, $19,000,000, 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, $7,796,000.
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,
$98,234,000, 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: Provided, That funds previously appropriated to the
National Endowment for the Arts ‘‘Matching Grants’’ 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 Foundation
on the Arts and the Humanities Act of 1965, as amended,
$108,382,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities, pursuant
H. R. 2217—51
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956(a)), as amended, $7,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665, as amended), $3,400,000: Pro-
vided, That none of these funds shall be available for compensation
of level V of the Executive Schedule 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), including services as
authorized by 5 U.S.C. 3109, $7,253,000: Provided, That all
appointed 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 Schedule for each
day such member is engaged in the actual performance 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), $36,028,000, of
which $1,900,000 for the museum’s repair and rehabilitation pro-
gram and $1,264,000 for the museum’s exhibitions program shall
remain available until expended.
PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $23,125,000
shall be available to the Presidio Trust, to remain available until
expended.
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 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.
H. R. 2217—52
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 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. 305. 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. 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 located on National
Forest System or Bureau of Land Management lands in a manner
different than such sales were conducted in fiscal year 2001.
SEC. 307. 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. 308. 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. 309. (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, 2002, 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
H. R. 2217—53
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. 310. 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, 106–113,
and 106–291 for payments to tribes and tribal organizations for
contract support costs associated with self-determination or self-
governance contracts, grants, compacts, or annual funding agree-
ments 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 2001 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. 311. Notwithstanding any other provision of law, for fiscal
year 2002 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’’ Program established in Region
10 of the Forest Service to individuals and entities in historically
timber-dependent areas in the States of Washington, Oregon,
northern California 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 contrac-
tors.
SEC. 312. (a) RECREATIONAL FEE DEMONSTRATION PROGRAM.—
Subsection (f) of section 315 of the Department of the Interior
and Related Agencies Appropriations Act, 1996 (as contained in
section 101(c) of Public Law 104–134; 110 Stat. 1321–200; 16 U.S.C.
460l–6a note), is amended—
(1) by striking ‘‘commence on October 1, 1995, and end
on September 30, 2002’’ and inserting ‘‘end on September 30,
2004’’; and
(2) by striking ‘‘September 30, 2005’’ and inserting ‘‘Sep-
tember 30, 2007’’.
(b) EXPANSION OF PROGRAM.—Subsection (b) of such section
is amended by striking ‘‘no fewer than 10, but as many as 100,’’.
(c) REVENUE SHARING.—Subsection (d)(1) of such section is
amended by inserting ‘‘the Secure Rural Schools and Community
Self-Determination Act of 2000 (Public Law 106–393; 16 U.S.C.
500 note),’’ before ‘‘and any other provision’’.
(d) DISCOUNTED FEES.—Subsection (b)(2) of such section is
amended by inserting after ‘‘testing’’ the following: ‘‘, including
the provision of discounted or free admission or use as the Secretary
considers appropriate’’.
(e) CAPITAL PROJECTS.—Subsection (c)(2) of such section is
amended by adding at the end the following new subparagraph:
‘‘(D) None of the funds collected under this section may be
used to plan, design, or construct a visitor center or any other
permanent structure without prior approval of the Committee on
H. R. 2217—54
Appropriations of the House of Representatives and the Committee
on Appropriations of the Senate if the estimated total cost of the
structure exceeds $500,000.’’.
SEC. 313. 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. 314. 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. 315. 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. 316. (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:
(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.