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of the Interior and Related Agencies Appropriations Act,
2000 (113 Stat. 1535, 1501A–165), is amended by striking
paragraph (1) and inserting the following:
‘‘(1) CONVEYANCE.—
‘‘(A) IN GENERAL.—The Secretary shall
convey to the county, subject to valid existing
rights, all right, title, and interest in and to the
parcels of public land described in paragraph
(2).
‘‘(B) PRICE.—The conveyance under para-
graph (1) shall be made at a price determined
to be appropriate for the conveyance of land for
educational facilities under the Act of June 14,
1926 (commonly known as the ‘Recreation and
Public Purposes Act’) (43 U.S.C. 869 et seq.).’’.
SEC. 133. MISSISSIPPI RIVER ISLAND NO. 228, IOWA,
LAND EXCHANGE. (a) IDENTIFICATION OF LAND TO BE RE-
CEIVED IN EXCHANGE.—Not later than 120 days after the
date of enactment of this Act, the Secretary of the Interior,
acting through the Director of the United States Fish and
Wildlife Service (referred to in this section as the ‘‘Sec-
retary’’), shall provide Dubuque Barge & Fleeting Services,
Inc. (referred to in this section as ‘‘Dubuque’’), a notice that
identifies parcels of land or interests in land—
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(1) that are of a value that is approximately
equal to the value of the parcel of land comprising the
northern half of Mississippi River Island No. 228, as
determined through an appraisal conducted in con-
formity with the Uniform Appraisal Standards for
Federal Land Acquisition; and
(2) that the Secretary would consider acceptable
in exchange for all right, title, and interest of the
United States in and to that parcel.
(b) LAND FOR WILD LIFE AND FISH REFUGE.—Land
or interests in land that the Secretary may consider accept-
able for the purposes of subsection (a) include land or inter-
ests in land that would be suitable for inclusion in the
Upper Mississippi River Wild Life and Fish Refuge.
(c) EXCHANGE.—Not later than 120 days after Du-
buque offers land or interests in land identified in the notice
under subsection (a), the Secretary shall convey all right,
title, and interest of the United States in and to the parcel
described in subsection (a) in exchange for the land or inter-
ests in land offered by Dubuque, and shall permanently dis-
continue barge fleeting at the Mississippi River island,
Tract JO–4, Parcel A, in the W/2 SE/4, Section 30, T.29N.,
R.2W., Jo Daviess County, Illinois, located between miles
#578 and #579, commonly known as Pearl Island.
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SEC. 134. (a) FINDINGS.—The Senate makes the fol-
lowing findings—
(1) in 1990, pursuant to the Indian Self-Deter-
mination and Education Assistance Act (ISDEAA),
25 U.S.C. 450 et seq., a class action lawsuit was filed
by Indian tribal contractors and tribal consortia
against the United States, the Secretary of the Inte-
rior and others seeking money damages, injunctive re-
lief, and declaratory relief for alleged violations of the
ISDEAA (Ramah Navajo Chapter v. Lujan, 112 F.3d
1455 (10th Cir. 1997));
(2) the parties negotiated a partial settlement of
the claim totaling $76,200,000, plus applicable inter-
est, which was approved by the court on May 14,
1999;
(3) the partial settlement was paid by the
United States in September 1999, in the amount of
$82,000,000;
(4) the Judgment Fund was established to pay
for legal judgments awarded to plaintiffs who have
filed suit against the United States;
(5) the Contract Disputes Act of 1978 requires
that the Judgment Fund be reimbursed by the respon-
sible agency following the payment of an award from
the Fund; and
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(6) the shortfall in contract support payments
found by the Court of Appeals for the 10th Circuit in
Ramah resulted primarily from the non-payment or
underpayment of indirect costs by agencies other than
the Bureau of Indian Affairs and the Indian Health
Service.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) repayment of the Judgment Fund for the
partial settlement in Ramah from the accounts of the
Bureau of Indian Affairs and Indian Health Service
would significantly reduce funds appropriated to ben-
efit tribes and individual Native Americans; and
(2) the Secretary of the Interior should work
with the Director of the Office of Management and
Budget to secure funding for repayment of the judg-
ment in Ramah within the budgets of the agencies
that did not pay indirect costs to plaintiffs during the
period 1988 to 1993 or paid indirect costs at less
than rates provided under the Indian Self-Determina-
tion Act during such period.
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TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland re-
search as authorized by law, $221,966,000, to remain avail-
able until expended.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and pro-
viding technical and financial assistance to States, terri-
tories, possessions, and others, and for forest health manage-
ment, cooperative forestry, and education and land con-
servation activities, $226,266,000, to remain available until
expended, as authorized by law, of which not less than
$750,000 shall be available to complete an updated study
of the New York-New Jersey highlands under section
1244(b) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (104 Stat. 3547).
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not other-
wise provided for, for management, protection, improve-
ment, and utilization of the National Forest System,
$1,231,824,000, to remain available until expended, which
shall include 50 percent of all moneys received during prior
fiscal years as fees collected under the Land and Water Con-
servation Fund Act of 1965, as amended, in accordance
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with section 4 of the Act (16 U.S.C. 460l–6a(i)), of which
not less than an additional $500,000 shall be available for
use for law enforcement purposes in the national forest that,
during fiscal year 2000, had both the greatest number of
methamphetamine dumps and the greatest number of meth-
amphetamine laboratory law enforcement actions in the
National Forest System, and of which not less than an ad-
ditional $500,000 shall be available for law enforcement
purposes on the Pisgah and Nantahala National Forests:
Provided, That unobligated balances available at the start
of fiscal year 2001 shall be displayed by extended budget
line item in the fiscal year 2002 budget justification: Pro-
vided further, That of the amount available for vegetation
and watershed management, the Secretary may authorize
the expenditure or transfer of such sums as necessary to
the Department of the Interior, Bureau of Land Manage-
ment for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands: Pro-
vided further, That $5,000,000 shall be allocated to the Alas-
ka Region, in addition to its normal allocation for the pur-
poses of preparing additional timber for sale, to establish
a 3-year timber supply and such funds may be transferred
to other appropriations accounts as necessary to maximize
accomplishment: Provided further, That of funds available
for Wildlife and Fish Habitat Management, $400,000 shall
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be provided to the State of Alaska for cooperative moni-
toring activities, and of the funds provided for Forest Prod-
ucts, $700,000 shall be provided to the State of Alaska for
monitoring activities at Forest Service log transfer facili-
ties, both in the form of an advance, direct lump sum pay-
ment.
For an additional amount for emergency expenses re-
sulting from damage from windstorms, $7,249,000 to be-
come available upon enactment of this Act, and to remain
available until expended: Provided, That the entire amount
shall be available only to the extent that the President sub-
mits to Congress an official budget request for a specific
dollar amount that includes designation of the entire
amount of the request as an emergency requirement for the
purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900 et seq.): Provided further,
That the entire amount is designated by Congress as an
emergency requirement under section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 901(b)(2)(A)).
For an additional amount to cover necessary expenses
for implementation of the Valles Caldera Preservation Act,
$990,000, to remain available until expended, which shall
be available to the Secretary for the management of the
Valles Caldera National Preserve: Provided, That any re-
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maining balances be provided to the Valles Caldera Trust
upon its assumption of the management of the Preserve:
Provided further, That the amount available in this Act to
the Office of the Solicitor within the Department of the Inte-
rior shall not exceed $39,206,000.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, and for emergency reha-
bilitation of burned-over National Forest System lands and
water, $617,629,000, of which at least $6,947,000 shall be
used for hazardous fuels reduction activities and expenses
resulting from windstorm damage in the Superior National
Forest in Minnesota, $3,000,000 of which shall not be avail-
able until September 30, 2001, to remain available until
expended, and of which not less than $2,400,000 shall be
made available for fuels reduction activities at Sequoia Na-
tional Monument: Provided, That such funds are available
for repayment of advances from other appropriations ac-
counts previously transferred for such purposes: Provided
further, That not less than 50 percent of any unobligated
balances remaining (exclusive of amounts for hazardous
fuels reduction) at the end of fiscal year 2000 shall be trans-
ferred, as repayment for post advances that have not been
repaid, to the fund established pursuant to section 3 of Pub-
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lic Law 71–319 (16 U.S.C. 576 et seq.): Provided further,
That notwithstanding any other provision of law, up to
$5,000,000 of funds appropriated under this appropriation
may be used for Fire Science Research in support of the
Joint Fire Science Program: Provided further, That all au-
thorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the
Forest Service and Rangeland Research appropriation, are
also available in the utilization of these funds for Fire
Science Research.
For an additional amount to cover necessary expenses
for emergency rehabilitation, presuppression due to emer-
gencies, and wildfire suppression activities of the Forest
Service, $150,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further,
That these funds shall be available only to the extent an
official budget request for a specific dollar amount, that in-
cludes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
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CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not other-
wise provided for, $448,312,000, to remain available until
expended for construction, reconstruction, maintenance and
acquisition of buildings and other facilities, and for con-
struction, reconstruction, repair and maintenance of forest
roads and trails by the Forest Service as authorized by 16
U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided,
That $5,000,000 of the funds provided herein for roads shall
be for the purposes of section 502(e) of Public Law 105–
83: Provided further, That up to $15,000,000 of the funds
provided herein for road maintenance shall be available for
the decommissioning of roads, including unauthorized roads
not part of the transportation system, which are no longer
needed: Provided further, That no funds shall be expended
to decommission any system road until notice and an op-
portunity for public comment has been provided on each
decommissioning project: Provided further, That any unob-
ligated balances of amounts previously appropriated to the
Forest Service ‘‘Reconstruction and Construction’’ account
as well as any unobligated balances remaining in the ‘‘Na-
tional Forest System’’ account for the facility maintenance
and trail maintenance extended budget line items may be
transferred to and merged with the ‘‘Capital Improvement
and Maintenance’’ account.
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LAND ACQUISITION
For expenses necessary to carry out the provisions of
the Land and Water Conservation Fund Act of 1965, as
amended (16 U.S.C. 460l–4 through 11), including admin-
istrative expenses, and for acquisition of land or waters,
or interest therein, in accordance with statutory authority
applicable to the Forest Service, $76,320,000, to be derived
from the Land and Water Conservation Fund, to remain
available until expended, of which $1,000,000 shall be for
the acquisition of lands on the Pisgah National Forest and
not to exceed $1,000,000 shall be for Forest Inholdings: Pro-
vided, That notwithstanding any other provision of law, of
the funds provided not less than $5,000,000 but not to ex-
ceed $10,000,000 shall be made available to Kake Tribal
Corporation to implement the Kake Tribal Corporation
Land Transfer Act upon its enactment into law: Provided
further, That of the amounts appropriated and available,
the Secretary of Agriculture shall transfer as a direct pay-
ment to the city of Craig at least $5,000,000 but not to
exceed $10,000,000 in lieu of any claims or municipal enti-
tlement to land within the outside boundaries of the
Tongass National Forest pursuant to section 6(a) of Public
Law 85–508, the Alaska Statehood Act, as amended: Pro-
vided further, That should the directive in the preceding
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proviso conflict with any provision of existing law the pre-
ceding proviso shall prevail and take precedence.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior boundaries
of the Cache, Uinta, and Wasatch National Forests, Utah;
the Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests, Cali-
fornia, as authorized by law, $1,068,000, to be derived from
forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal govern-
ments, public school districts, or other public school authori-
ties pursuant to the Act of December 4, 1967, as amended
(16 U.S.C. 484a), to remain available until expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protec-
tion, and improvement, 50 percent of all moneys received
during the prior fiscal year, as fees for grazing domestic
livestock on lands in National Forests in the 16 Western
States, pursuant to section 401(b)(1) of Public Law 94–
579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for adminis-
trative expenses associated with on-the-ground range reha-
bilitation, protection, and improvements.
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GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$92,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR
SUBSISTENCE USES
SUBSISTENCE MANAGEMENT, FOREST SERVICE
For necessary expenses of the Forest Service to manage
federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96–487), $5,500,000, to remain available until
expended: Provided, That $750,000 shall be transferred to
the State of Alaska Department of Fish and Game as a
direct payment for administrative and policy coordination
and an additional $250,000 shall be transferred to United
Fishermen of Alaska as a direct payment.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (1) purchase of not to ex-
ceed 132 passenger motor vehicles of which 13 will be used
primarily for law enforcement purposes and of which 129
shall be for replacement; acquisition of 25 passenger motor
vehicles from excess sources, and hire of such vehicles; oper-
ation and maintenance of aircraft, the purchase of not to
exceed six for replacement only, and acquisition of sufficient
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aircraft from excess sources to maintain the operable fleet
at 192 aircraft for use in Forest Service wildland fire pro-
grams and other Forest Service programs; notwithstanding
other provisions 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; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed
$100,000 for employment under 5 U.S.C. 3109; (3) pur-
chase, erection, and alteration of buildings and other public
improvements (7 U.S.C. 2250); (4) acquisition of land, wa-
ters, and interests therein, pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National For-
est Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901–5902;
and (7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
None of the funds made available under this Act shall
be obligated or expended to abolish any region, to move or
close any regional office for National Forest System admin-
istration of the Forest Service, Department of Agriculture
without the consent of the House and Senate Committees
on Appropriations.
Any appropriations or funds available to the Forest
Service may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency reha-
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bilitation of burned-over or damaged lands or waters under
its jurisdiction, and fire preparedness due to severe burning
conditions if and only if all previously appropriated emer-
gency contingent funds under the heading ‘‘Wildland Fire
Management’’ have been released by the President and ap-
portioned.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Service
in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the provi-
sions of section 702(b) of the Department of Agriculture Or-
ganic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless
the proposed transfer is approved in advance by the House
and Senate Committees on Appropriations in compliance
with the reprogramming procedures contained in House Re-
port No. 105–163.
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None of the funds available to the Forest Service may
be reprogrammed without the advance approval of the
House and Senate Committees on Appropriations in ac-
cordance with the procedures contained in House Report
No. 105–163.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Department
of Agriculture without the approval of the Chief of the For-
est Service.
Funds available to the Forest Service shall be available
to conduct a program of not less than $2,000,000 for high
priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps
as authorized by the Act of August 13, 1970, as amended
by Public Law 93–408.
Of the funds available to the Forest Service, $1,500 is
available to the Chief of the Forest Service for official recep-
tion and representation expenses.
To the greatest extent possible, and in accordance with
the Final Amendment to the Shawnee National Forest Plan,
none of the funds available in this Act shall be used for
preparation of timber sales using clearcutting or other
forms of even-aged management in hardwood stands in the
Shawnee National Forest, Illinois.
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Pursuant to sections 405(b) and 410(b) of Public Law
101–593, of the funds available to the Forest Service, up
to $2,250,000 may be advanced in a lump sum as Federal
financial assistance to the National Forest Foundation,
without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting Na-
tional Forest System lands or related to Forest Service pro-
grams: Provided, That of the Federal funds made available
to the Foundation, no more than $400,000 shall be available
for administrative expenses: Provided further, That the
Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at
least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may trans-
fer Federal funds to a non-Federal recipient for a project
at the same rate that the recipient has obtained the non-
Federal matching funds: Provided further, That hereafter,
the National Forest Foundation may hold Federal funds
made available but not immediately disbursed and may use
any interest or other investment income earned (before, on,
or after the date of the enactment of this Act) on Federal
funds to carry out the purposes of Public Law 101–593:
Provided further, That such investments may be made only
in interest-bearing obligations of the United States or in
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obligations guaranteed as to both principal and interest by
the United States.
Pursuant to section 2(b)(2) of Public Law 98–244,
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fish and
Wildlife Foundation, as authorized by 16 U.S.C. 3701–
3709, and may be advanced in a lump sum as Federal fi-
nancial assistance, without regard to when expenses are in-
curred, for projects on or benefitting National Forest Sys-
tem lands or related to Forest Service programs: Provided,
That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to
match on at least one-for-one basis funds advanced by the
Forest Service: Provided further, That the Foundation may
transfer Federal funds to a non-Federal recipient for a
project at the same rate that the recipient has obtained the
non-Federal matching funds.
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural develop-
ment purposes.
Notwithstanding any other provision of law, 80 per-
cent of the funds appropriated to the Forest Service in the
‘‘National Forest System’’ and ‘‘Capital Improvement and
Maintenance’’ accounts and planned to be allocated to ac-
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tivities under the ‘‘Jobs in the Woods’’ program for projects
on National Forest land in the State of Washington may
be granted directly to the Washington State Department of
Fish and Wildlife for accomplishment of planned projects.
Twenty percent of said funds shall be retained by the Forest
Service for planning and administering projects. Project se-
lection and prioritization shall be accomplished by the For-
est Service with such consultation with the State of Wash-
ington as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be
available for payments to counties within the Columbia
River Gorge National Scenic Area, pursuant to sections
14(c)(1) and (2), and section 16(a)(2) of Public Law 99–
663.
The Secretary of Agriculture is authorized to enter into
grants, contracts, and cooperative agreements as appro-
priate with the Pinchot Institute for Conservation, as well
as with public and other private agencies, organizations,
institutions, and individuals, to provide for the develop-
ment, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers
National Historic Landmark: Provided, That, subject to
such terms and conditions as the Secretary of Agriculture
may prescribe, any such public or private agency, organiza-
tion, institution, or individual may solicit, accept, and ad-
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minister private gifts of money and real or personal prop-
erty for the benefit of, or in connection with, the activities
and services at the Grey Towers National Historic Land-
mark: Provided further, That such gifts may be accepted
notwithstanding the fact that a donor conducts business
with the Department of Agriculture in any capacity.
Funds appropriated to the Forest Service shall be
available, as determined by the Secretary, for payments to
Del Norte County, California, pursuant to sections 13(e)
and 14 of the Smith River National Recreation Area Act
(Public Law 101–612).
Notwithstanding any other provision of law, any ap-
propriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of
the General Counsel (OGC), Department of Agriculture, for
travel and related expenses incurred as a result of OGC as-
sistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land pur-
chase negotiations and similar non-litigation related mat-
ters. Future budget justifications for both the Forest Service
and the Department of Agriculture should clearly display
the sums previously transferred and the requested funding
transfers.
No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this
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Act to any other agency or office of the department for more
than 30 days unless the individual’s employing agency or
office is fully reimbursed by the receiving agency or office
for the salary and expenses of the employee for the period
of assignment.
The Forest Service shall fund overhead, national com-
mitments, indirect expenses, and any other category for use
of funds which are expended at any units, that are not di-
rectly related to the accomplishment of specific work on-
the-ground (referred to as ‘‘indirect expenditures’’), from
funds available to the Forest Service, unless otherwise pro-
hibited by law: Provided, That the Forest Service shall im-
plement and adhere to the definitions of indirect expendi-
tures established pursuant to Public Law 105–277 on a na-
tionwide basis without flexibility for modification by any
organizational level except the Washington Office, and when
changed by the Washington Office, such changes in defini-
tion shall be reported in budget requests submitted by the
Forest Service: Provided further, That the Forest Service
shall provide in all future budget justifications, planned in-
direct expenditures in accordance with the definitions, sum-
marized and displayed to the Regional, Station, Area, and
detached unit office level. The justification shall display the
estimated source and amount of indirect expenditures, by
expanded budget line item, of funds in the agency’s annual
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budget justification. The display shall include appropriated
funds and the Knutson-Vandenberg, Brush Disposal, Coop-
erative Work-Other, and Salvage Sale funds. Changes be-
tween estimated and actual indirect expenditures shall be
reported in subsequent budget justifications: Provided, That
during fiscal year 2001 the Secretary shall limit total an-
nual indirect obligations from the Brush Disposal, Coopera-
tive Work-Other, Knutson-Vandenberg, Reforestation, Sal-
vage Sale, and Roads and Trails funds to 20 percent of
the total obligations from each fund.
Any appropriations or funds available to the Forest
Service may be used for necessary expenses in the event of
law enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That
such amounts shall not exceed $750,000.
The Secretary of Agriculture shall pay $4,449 from
available funds to Joyce Liverca as reimbursement for var-
ious expenses incurred as a Federal employee in connection
with certain high priority duties performed for the Forest
Service.
The Forest Service shall submit a report to the House
and Senate Committees on Appropriations by March 1,
2001 indicating the anticipated timber offer level in fiscal
year 2001 with the funds provided in this Act: Provided,
That if the anticipated offer level is less than 3.6 billion
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board feet, the agency shall submit a reprogramming re-
quest to attain this offer level by the close of fiscal year
2001.
Of the funds available to the Forest Service, $150,000
shall be made available in the form of an advanced, direct
lump sum payment to the Society of American Foresters
to support conservation education purposes in collaboration
with the Forest Service.
The Secretary of Agriculture may authorize the sale
of excess buildings, facilities, and other properties owned
by the Forest Service and located on the Green Mountain
National Forest, the revenues of which shall be retained by
the Forest Service and available to the Secretary without
further appropriation and until expended for maintenance
and rehabilitation activities on the Green Mountain Na-
tional Forest.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL)
Of the funds made available under this heading for
obligation in prior years, $67,000,000 shall not be available
until October 1, 2001: Provided, That funds made available
in previous appropriations Acts shall be available for any
ongoing project regardless of the separate request for pro-
posal under which the project was selected.
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FOSSIL ENERGY RESEARCH AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (Public Law
95–91), including the acquisition of interest, including de-
feasible and equitable interests in any real property or any
facility or for plant or facility acquisition or expansion,
and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social
and environmental costs (30 U.S.C. 3, 1602, and 1603),
performed under the minerals and materials science pro-
grams at the Albany Research Center in Oregon
$413,338,000, to remain available until expended, of which
$12,000,000 for oil technology research shall be derived by
transfer from funds appropriated in prior years under the
heading ‘‘Strategic Petroleum Reserve, SPR Petroleum Ac-
count’’: Provided, That no part of the sum herein made
available shall be used for the field testing of nuclear explo-
sives in the recovery of oil and gas: Provided further, That
up to 4 percent of program direction funds available to the
National Energy Technology Laboratory may be used to
support Department of Energy activities not included in
this account.
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ALTERNATIVE FUELS PRODUCTION
(RESCISSION)
Of the unobligated balances under this heading,
$1,000,000 are rescinded.
NAVAL PETROLEUM AND OIL SHALE RESERVES
(RESCISSION)
Of the amounts previously appropriated under this
heading, $7,000,000 are rescinded: Provided, That the re-
quirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to
fiscal year 2001 and any fiscal year thereafter: Provided
further, That, notwithstanding any other provision of law,
unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve ac-
tivities.
ELK HILLS SCHOOL LANDS FUND
For necessary expenses in fulfilling installment pay-
ments under the Settlement Agreement entered into by the
United States and the State of California on October 11,
1996, as authorized by section 3415 of Public Law 104–
106, $36,000,000, to become available on October 1, 2001
for payment to the State of California for the State Teach-
ers’ Retirement Fund from the Elk Hills School Lands
Fund.
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ENERGY CONSERVATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out energy con-
servation activities, $763,937,000, to remain available until
expended, of which $2,000,000 shall be derived by transfer
from unobligated balances in the Biomass Energy Develop-
ment account and $2,000,000 shall be derived by transfer
of a proportionate amount from each other account for
which this Act makes funds available for travel, supplies,
and printing expenses: Provided, That $174,000,000 shall
be for use in energy conservation programs as defined in
section 3008(3) of Public Law 99–509 (15 U.S.C. 4507):
Provided further, That notwithstanding section 3003(d)(2)
of Public Law 99–509, such sums shall be allocated to the
eligible programs as follows: $140,000,000 for weatheriza-
tion assistance grants and $34,000,000 for State energy
conservation grants: Provided further, That notwith-
standing any other provision of law, the Secretary of En-
ergy may waive the matching requirement for weatheriza-
tion assistance provided for by Public Law 106–113 in
whole or in part for a State which he finds to be experi-
encing fiscal hardship or major changes in energy markets
or suppliers or other temporary limitations on its ability
to provide matching funds, provided that the State is de-
monstrably engaged in continuing activities to secure non-
federal resources and that such waiver is limited to one fis-
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cal year and that no state may be granted such waiver more
than twice: Provided further, That Indian tribal grantees
of weatherization assistance shall not be required to provide
matching funds.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Office of Hearings and Appeals, $2,000,000, to re-
main available until expended.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program manage-
ment activities pursuant to the Energy Policy and Con-
servation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
$165,000,000, to remain available until expended, of which
$3,000,000 shall be derived by transfer of unobligated bal-
ances of funds previously appropriated under the heading
‘‘Strategic Petroleum Reserves Petroleum Account’’, and of
which $1,000,000 shall be derived by transfer of unobligated
balances of funds previously appropriated under the head-
ing ‘‘NAVAL PETROLEUM AND OIL SHALE RESERVES’’, and
of which $4,000,000 shall be available for maintenance of
a Northeast Home Heating Oil Reserve.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $74,000,000, to
remain available until expended.
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ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal
year shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
From appropriations under this Act, transfers of sums
may be made to other agencies of the Government for the
performance of work for which the appropriation is made.
None of the funds made available to the Department
of Energy under this Act shall be used to implement or fi-
nance authorized price support or loan guarantee programs
unless specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account
of the Department of Energy or otherwise generated by sale
of products in connection with projects of the Department
appropriated under this Act may be retained by the Sec-
retary of Energy, to be available until expended, and used
only for plant construction, operation, costs, and payments
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to cost-sharing entities as provided in appropriate cost-
sharing contracts or agreements: Provided further, That the
remainder of revenues after the making of such payments
shall be covered into the Treasury as miscellaneous receipts:
Provided further, That any contract, agreement, or provi-
sion thereof entered into by the Secretary pursuant to this
authority shall not be executed prior to the expiration of
30 calendar days (not including any day in which either
House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from
the receipt by the Speaker of the House of Representatives
and the President of the Senate of a full comprehensive re-
port on such project, including the facts and circumstances
relied upon in support of the proposed project.
No funds provided in this Act may be expended by the
Department of Energy to prepare, issue, or process procure-
ment documents for programs or projects for which appro-
priations have not been made.
In addition to other authorities set forth in this Act,
the Secretary may accept fees and contributions from public
and private sources, to be deposited in a contributed funds
account, and prosecute projects using such fees and con-
tributions in cooperation with other Federal, State or pri-
vate agencies or concerns.
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DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August
5, 1954 (68 Stat. 674), the Indian Self-Determination Act,
the Indian Health Care Improvement Act, and titles II and
III of the Public Health Service Act with respect to the In-
dian Health Service, $2,184,421,000, together with pay-
ments received during the fiscal year pursuant to 42 U.S.C.
238(b) for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25
U.S.C. 450), shall be deemed to be obligated at the time
of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal
year limitation: Provided further, That $12,000,000 shall
remain available until expended, for the Indian Cata-
strophic Health Emergency Fund: Provided further, That
$426,756,000 for contract medical care shall remain avail-
able for obligation until September 30, 2002: Provided fur-
ther, That of the funds provided, up to $17,000,000 shall
be used to carry out the loan repayment program under
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section 108 of the Indian Health Care Improvement Act:
Provided further, That funds provided in this Act may be
used for 1-year contracts and grants which are to be per-
formed in two fiscal years, so long as the total obligation
is recorded in the year for which the funds are appro-
priated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the author-
ity of title IV of the Indian Health Care Improvement Act
shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and re-
quirements of titles XVIII and XIX of the Social Security
Act (exclusive of planning, design, or construction of new
facilities): Provided further, That funding contained herein,
and in any earlier appropriations Acts for scholarship pro-
grams under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available for obligation until
September 30, 2002: Provided further, That amounts re-
ceived by tribes and tribal organizations under title IV of
the Indian Health Care Improvement Act shall be reported
and accounted for and available to the receiving tribes and
tribal organizations until expended: Provided further, That,
notwithstanding any other provision of law, of the amounts
provided herein, not to exceed $243,781,000 shall be for
payments to tribes and tribal organizations for contract or
grant support costs associated with contracts, grants, self-
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governance compacts or annual funding agreements between
the Indian Health Service and a tribe or tribal organiza-
tion pursuant to the Indian Self-Determination Act of
1975, as amended, prior to or during fiscal year 2001, of
which not to exceed $10,000,000 may be used for such costs
associated with new and expanded contracts, grants, self-
governance compacts or annual funding agreements: Pro-
vided further, That amounts appropriated to the Indian
Health Service shall not be used to pay for contract health
services in excess of the established Medicare and Medicaid
rate for similar services: Provided further, That Indian
tribes and tribal organizations that operate health care pro-
grams under contracts or compacts pursuant to the Indian
Self-Determination and Education Assistance Act of 1975,
Public Law 93–638, as amended, may access prime vendor
rates for the cost of pharmaceutical products on the same
basis and for the same purposes as the Indian Health Serv-
ice may access such products: Provided further, That funds
available for the Indian Health Care Improvement Fund
may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities, in-
cluding quarters for personnel; preparation of plans, speci-
fications, and drawings; acquisition of sites, purchase and
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erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter-
mination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with re-
spect to environmental health and facilities support activi-
ties of the Indian Health Service, $349,350,000, to remain
available until expended: Provided, That notwithstanding
any other provision of law, funds appropriated for the plan-
ning, design, construction or renovation of health facilities
for the benefit of an Indian tribe or tribes may be used
to purchase land for sites to construct, improve, or enlarge
health or related facilities: Provided further, That from the
funds appropriated herein, $5,000,000 shall be designated
by the Indian Health Service as a contribution to the
Yukon-Kuskokwim Health Corporation (YKHC) to start a
priority project for the acquisition of land, planning, design
and construction of 79 staff quarters at Bethel, Alaska, sub-
ject to a negotiated project agreement between the YKHC
and the Indian Health Service: Provided further, That this
project shall not be subject to the construction provisions
of the Indian Self-Determination and Education Assistance
Act and shall be removed from the Indian Health Service
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priority list upon completion: Provided further, That the
Federal Government shall not be liable for any property
damages or other construction claims that may arise from
YKHC undertaking this project: Provided further, That the
land shall be owned or leased by the YKHC and title to
quarters shall remain vested with the YKHC: Provided fur-
ther, That notwithstanding any provision of law governing
Federal construction, $240,000 of the funds provided herein
shall be provided to the Hopi Tribe to reduce the debt in-
curred by the Tribe in providing staff quarters to meet the
housing needs associated with the new Hopi Health Center:
Provided further, That $5,000,000 shall remain available
until expended for the purpose of funding joint venture
health care facility projects authorized under the Indian
Health Care Improvement Act, as amended: Provided fur-
ther, That priority, by rank order, shall be given to tribes
with outpatient projects on the existing Indian Health
Services priority list that have Service-approved planning
documents, and can demonstrate by March 1, 2001, the fi-
nancial capability necessary to provide an appropriate fa-
cility: Provided further, That joint venture funds
unallocated after March 1, 2001, shall be made available
for joint venture projects on a competitive basis giving pri-
ority to tribes that currently have no existing Federally-
owned health care facility, have planning documents meet-