H. R. 2217
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
Making appropriations for the Department of the Interior and related agencies
for the fiscal year ending September 30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the Department of the Interior
and related agencies for the fiscal year ending September 30, 2002,
and for other purposes, namely:
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisi-
tion of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487 (16 U.S.C.
3150(a)), $775,632,000, to remain available until expended, of which
$1,000,000 is for high priority projects which shall be carried out
by the Youth Conservation Corps, defined in section 250(c)(4)(E)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act; of which $4,000,000
shall be available for assessment of the mineral potential of public
lands in Alaska pursuant to section 1010 of Public Law 96–487
(16 U.S.C. 3150); and of which not to exceed $1,000,000 shall
be derived from the special receipt account established by the
Land and Water Conservation Act of 1965, as amended (16 U.S.C.
460l–6a(i)); and of which $3,000,000 shall be available in fiscal
year 2002 subject to a match by at least an equal amount by
the National Fish and Wildlife Foundation, to such Foundation
for cost-shared projects supporting conservation of Bureau lands
and such funds shall be advanced to the Foundation as a lump
sum grant without regard to when expenses are incurred; in addi-
tion, $32,298,000 for Mining Law Administration program oper-
ations, including the cost of administering the mining claim fee
program; to remain available until expended, to be reduced by
amounts collected by the Bureau and credited to this appropriation
H. R. 2217—2
from annual mining claim fees so as to result in a final appropria-
tion estimated at not more than $775,632,000, and $2,000,000,
to remain available until expended, from communication site rental
fees established by the Bureau for the cost of administering commu-
nication site activities: Provided, That appropriations herein made
shall not be available for the destruction of healthy, unadopted,
wild horses and burros in the care of the Bureau or its contractors:
Provided further, That of the amount provided, $28,000,000 is for
the conservation activities defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of such Act: Provided further, That
fiscal year 2001 balances in the Federal Infrastructure Improvement
account for the Bureau of Land Management shall be transferred
to and merged with this appropriation, and shall remain available
until expended.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, suppression oper-
ations, fire science and research, emergency rehabilitation, haz-
ardous fuels reduction, and rural fire assistance by the Department
of the Interior, $624,421,000, to remain available until expended,
of which not to exceed $19,774,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are
also available for repayment of advances to other appropriation
accounts from which funds were previously transferred for such
purposes: Provided further, That unobligated balances of amounts
previously appropriated to the ‘‘Fire Protection’’ and ‘‘Emergency
Department of the Interior Firefighting Fund’’ may be transferred
and merged with this appropriation: Provided further, That persons
hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this appropria-
tion: Provided further, That notwithstanding 42 U.S.C. 1856d, sums
received by a bureau or office of the Department of the Interior
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the appro-
priation from which funds were expended to provide that protection,
and are available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this Act,
the Secretary of the Interior may enter into procurement contracts,
grants, or cooperative agreements, for hazardous fuels reduction
activities, and for training and monitoring associated with such
hazardous fuels reduction activities, on Federal land, or on adjacent
non-Federal land for activities that benefit resources on Federal
land: Provided further, That the costs of implementing any coopera-
tive agreement between the Federal government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That in entering into such grants or
cooperative agreements, the Secretary may consider the enhance-
ment of local and small business employment opportunities for
rural communities, and that in entering into procurement contracts
under this section on a best value basis, the Secretary may take
into account the ability of an entity to enhance local and small
business employment opportunities in rural communities, and that
the Secretary may award procurement contracts, grants, or coopera-
tive agreements under this section to entities that include local
non-profit entities, Youth Conservation Corps or related partner-
ships, or small or disadvantaged businesses: Provided further, That
H. R. 2217—3
funds appropriated under this head may be used to reimburse
the United States Fish and Wildlife Service and the National
Marine Fisheries Service for the costs of carrying out their respon-
sibilities under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) to consult and conference, as required by section
7 of such Act in connection with wildland fire management activi-
ties.
For an additional amount to cover necessary expenses for
burned areas rehabilitation and fire suppression by the Department
of the Interior, $54,000,000, to remain available until expended,
of which $34,000,000 is for wildfire suppression and $20,000,000
is for burned areas rehabilitation: Provided, That the Congress
designates the entire amount as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
$54,000,000 shall be available only to the extent an official budget
request, that includes designation of the $54,000,000 as an emer-
gency requirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the remedial action,
including associated activities, of hazardous waste substances,
pollutants, or contaminants pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), $9,978,000, to remain available
until expended: Provided, That notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or as
reimbursement for remedial action or response activities conducted
by the Department pursuant to section 107 or 113(f) of such Act,
shall be credited to this account to be available until expended
without further appropriation: Provided further, That such sums
recovered from or paid by any party are not limited to monetary
payments and may include stocks, bonds or other personal or real
property, which may be retained, liquidated, or otherwise disposed
of by the Secretary and which shall be credited to this account.
CONSTRUCTION
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $13,076,000, to remain available until
expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901–6907), $210,000,000, of which
not to exceed $400,000 shall be available for administrative
expenses and of which $50,000,000 is for the conservation activities
defined in section 250(c)(4)(E) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, for the purposes
of such Act: Provided, That no payment shall be made to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
H. R. 2217—4
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94–579, including administrative expenses
and acquisition of lands or waters, or interests therein, $49,920,000,
to be derived from the Land and Water Conservation Fund, to
remain available until expended, and to be for the conservation
activities defined in section 250(c)(4)(E) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant coun-
ties of Oregon, and on adjacent rights-of-way; and acquisition of
lands or interests therein including existing connecting roads on
or adjacent to such grant lands; $105,165,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law 102–
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning, preparing,
and monitoring salvage timber sales and forest ecosystem health
and recovery activities such as release from competing vegetation
and density control treatments. The Federal share of receipts
(defined as the portion of salvage timber receipts not paid to the
counties under 43 U.S.C. 1181f and 43 U.S.C. 1181–1 et seq.,
and Public Law 103–66) derived from treatments funded by this
account shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315 et seq.) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from Bankhead-
Jones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
H. R. 2217—5
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to proc-
essing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, oper-
ation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579, as amended,
and Public Law 93–153, to remain available until expended: Pro-
vided, That notwithstanding any provision to the contrary of section
305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that
have been or will be received pursuant to that section, whether
as a result of forfeiture, compromise, or settlement, if not appro-
priate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the
authority of this Act by the Secretary to improve, protect, or
rehabilitate any public lands administered through the Bureau
of Land Management which have been damaged by the action
of a resource developer, purchaser, permittee, or any unauthorized
person, without regard to whether all moneys collected from each
such action are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other damaged
public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings
and appurtenant facilities to which the United States has title;
up to $100,000 for payments, at the discretion of the Secretary,
for information or evidence concerning violations of laws adminis-
tered by the Bureau; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the Secretary and
to be accounted for solely on her certificate, not to exceed $10,000:
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may,
under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the coopera-
tors share the cost of printing either in cash or in services, and
the Bureau determines the cooperator is capable of meeting accepted
quality standards: Provided further, That section 28f(a) of title
30, United States Code, is amended:
(1) In section 28f(a), by striking the first sentence and
inserting, ‘‘The holder of each unpatented mining claim, mill,
H. R. 2217—6
or tunnel site, located pursuant to the mining laws of the
United States, whether located before, on or after the enactment
of this Act, shall pay to the Secretary of the Interior, on or
before September 1 of each year for years 2002 through 2003,
a claim maintenance fee of $100 per claim or site’’; and
(2) In section 28g, by striking ‘‘and before September 30,
2001’’ and inserting in lieu thereof ‘‘and before September 30,
2003’’.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and Wildlife
Service, for scientific and economic studies, conservation, manage-
ment, investigations, protection, and utilization of fishery and wild-
life resources, except whales, seals, and sea lions, maintenance
of the herd of long-horned cattle on the Wichita Mountains Wildlife
Refuge, general administration, and for the performance of other
authorized functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable agree-
ments with public and private entities, $850,597,000, to remain
available until September 30, 2003, except as otherwise provided
herein, of which $29,000,000 is for conservation activities defined
in section 250(c)(4)(E) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended, for the purposes of such
Act: Provided, That fiscal year 2001 balances in the Federal Infra-
structure Improvement account for the United States Fish and
Wildlife Service shall be transferred to and merged with this appro-
priation, and shall remain available until expended: Provided fur-
ther, That not less than $2,000,000 shall be provided to local govern-
ments in southern California for planning associated with the Nat-
ural Communities Conservation Planning (NCCP) program and
shall remain available until expended: Provided further, That
$2,000,000 is for high priority projects which shall be carried out
by the Youth Conservation Corps, defined in section 250(c)(4)(E)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act: Provided further, That
not to exceed $9,000,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species Act,
as amended, for species that are indigenous to the United States
(except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement
actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)),
of which not to exceed $6,000,000 shall be used for any activity
regarding the designation of critical habitat, pursuant to subsection
(a)(3), excluding litigation support, for species already listed pursu-
ant to subsection (a)(1) as of the date of enactment this Act: Pro-
vided further, That of the amount available for law enforcement,
up to $400,000 to remain available until expended, may at the
discretion of the Secretary, be used for payment for information,
rewards, or evidence concerning violations of laws administered
by the Service, and miscellaneous and emergency expenses of
enforcement activity, authorized or approved by the Secretary and
to be accounted for solely on her certificate: Provided further, That
of the amount provided for environmental contaminants, up to
$1,000,000 may remain available until expended for contaminant
sample analyses.
H. R. 2217—7
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, manage-
ment, investigation, protection, and utilization of fishery and wild-
life resources, and the acquisition of lands and interests therein;
$55,543,000, to remain available until expended.
LAND ACQUISITION
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for acquisition of land
or waters, or interest therein, in accordance with statutory authority
applicable to the United States Fish and Wildlife Service,
$99,135,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended, and to be for the con-
servation activities defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act: Provided, That none of the funds
appropriated for specific land acquisition projects can be used to
pay for any administrative overhead, planning or other management
costs except that, in fiscal year 2002 only, not to exceed $2,500,000
may be used consistent with the Service’s cost allocation method-
ology: Provided further, That the United States Fish and Wildlife
Service is authorized to purchase the common stock of Yauhannah
Properties, Inc. for the purposes of inclusion of real property owned
by that corporation into the Waccamaw National Wildlife Refuge.
LANDOWNER INCENTIVE PROGRAM
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for private conservation
efforts to be carried out on private lands, $40,000,000, to be derived
from the Land and Water Conservation Fund, to remain available
until expended, and to be for conservation spending category activi-
ties pursuant to section 251(c) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, for the purposes
of discretionary spending limits: Provided, That the amount pro-
vided herein is for a Landowner Incentive Program established
by the Secretary that provides matching, competitively awarded
grants to States, the District of Columbia, Tribes, Puerto Rico,
Guam, the United States Virgin Islands, the Northern Mariana
Islands, and American Samoa, to establish, or supplement existing,
landowner incentive programs that provide technical and financial
assistance, including habitat protection and restoration, to private
landowners for the protection and management of habitat to benefit
federally listed, proposed, or candidate species, or other at-risk
species on private lands.
STEWARDSHIP GRANTS
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for private conservation
efforts to be carried out on private lands, $10,000,000, to be derived
from the Land and Water Conservation Fund, to remain available
H. R. 2217—8
until expended, and to be for conservation spending category activi-
ties pursuant to section 251(c) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, for the purposes
of discretionary spending limits: Provided, That the amount pro-
vided herein is for the Secretary to establish a Private Stewardship
Grants Program to provide grants and other assistance to individ-
uals and groups engaged in private conservation efforts that benefit
federally listed, proposed, or candidate species, or other at-risk
species.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531–1543), as amended,
$96,235,000, to be derived from the Cooperative Endangered Species
Conservation Fund, to remain available until expended, and to
be for the conservation activities defined in section 250(c)(4)(E)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,414,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101–233, as
amended, $43,500,000, to remain available until expended and to
be for the conservation activities defined in section 250(c)(4)(E)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act: Provided, That, notwith-
standing any other provision of law, amounts in excess of funds
provided in fiscal year 2001 shall be used only for projects in
the United States.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the conservation
of neotropical migratory birds in accordance with the Neotropical
Migratory Bird Conservation Act, Public Law 106–247 (16 U.S.C.
6101–6109), $3,000,000, to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Con-
servation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–
4245, and 1538), the Asian Elephant Conservation Act of 1997
(Public Law 105–96; 16 U.S.C. 4261–4266), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301–5306), and the
Great Ape Conservation Act of 2000 (16 U.S.C. 6301), $4,000,000,
to remain available until expended: Provided, That funds made
available under this Act, Public Law 106–291, and Public Law
106–554 and hereafter in annual appropriations Acts for rhinoceros,
tiger, Asian elephant, and great ape conservation programs are
exempt from any sanctions imposed against any country under
section 102 of the Arms Export Control Act (22 U.S.C. 2799aa–
1).
H. R. 2217—50
to section 7(c) of the Act, and for administering the functions
of the Act, to remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as
amended, $16,122,000, to remain available until expended, of which
$12,122,000 shall be available to the National Endowment for the
Humanities for the purposes of section 7(h): Provided, That this
appropriation shall be available for obligation only in such amounts
as may be equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appro-
priated.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out subtitle C of the Museum and Library Services
Act of 1996, as amended, $26,899,000, to remain available until
expended.
CHALLENGE AMERICA ARTS FUND
CHALLENGE AMERICA GRANTS
For necessary expenses as authorized by Public Law 89–209,
as amended, $17,000,000, for support for arts education and public
outreach activities to be administered by the National Endowment
for the Arts, to remain available until expended.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $1,224,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended with-
out further appropriation.
H. R. 2217—60
This Act may be cited as the ‘‘Department of the Interior
and Related Agencies Appropriations Act, 2002’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.