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CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not
otherwise provided for, $535,513,000, to remain available
until expended for construction, reconstruction, mainte-
nance and acquisition of buildings and other facilities, and
for construction, reconstruction, repair and maintenance
of forest roads and trails by the Forest Service as author-
ized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205,
of which $50,000,000 is for ‘‘Federal Infrastructure Im-
provement’’, defined in section 250(c)(4)(E)(xiv) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act: Provided,
That fiscal year 2001 balances in the Federal Infrastruc-
ture Improvement account for the Forest Service shall be
transferred to and merged with this appropriation, and
shall remain available until expended: Provided further,
That up to $15,000,000 of the funds provided herein for
road maintenance shall be available for the decommis-
sioning 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 de-
commission any system road until notice and an oppor-
tunity for public comment has been provided on each de-
commissioning project.
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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 ad-
ministrative expenses, and for acquisition of land or wa-
ters, or interest therein, in accordance with statutory au-
thority applicable to the Forest Service, $130,877,000 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)(iv) of
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, for the purposes of such Act.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior bound-
aries of the Cache, Uinta, and Wasatch National Forests,
Utah; the Toiyabe National Forest, Nevada; and the An-
geles, San Bernardino, Sequoia, and Cleveland National
Forests, California, as authorized by law, $1,069,000, 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 gov-
ernments, public school districts, or other public school au-
thorities pursuant to the Act of December 4, 1967, as
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amended (16 U.S.C. 484a), to remain available until ex-
pended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, pro-
tection, and improvement, 50 percent of all moneys re-
ceived during the prior fiscal year, as fees for grazing do-
mestic 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 ex-
pended, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground
range rehabilitation, protection, and improvements.
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
For necessary expenses of the Forest Service to man-
age federal lands in Alaska for subsistence uses under title
VIII of the Alaska National Interest Lands Conservation
Act (Public Law 96–487), $5,488,000, to remain available
until expended.
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ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (1) purchase of not to
exceed 132 passenger motor vehicles of which eight will
be used primarily for law enforcement purposes and of
which 130 shall be for replacement; acquisition of 25 pas-
senger motor vehicles from excess sources, and hire of
such vehicles; operation and maintenance of aircraft, the
purchase of not to exceed seven for replacement only, and
acquisition of sufficient aircraft from excess sources to
maintain the operable fleet at 195 aircraft for use in For-
est Service wildland fire programs and other Forest Serv-
ice programs; notwithstanding other provisions of law, ex-
isting 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) purchase, erection, and alter-
ation of buildings and other public improvements (7
U.S.C. 2250); (4) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a,
558d, and 558a note); (5) the cost of uniforms as author-
ized by 5 U.S.C. 5901–5902; and (6) for debt collection
contracts in accordance with 31 U.S.C. 3718(c).
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Any appropriations or funds available to the Sec-
retary may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency re-
habilitation 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 appro-
priated emergency contingent funds under the heading
‘‘Wildland Fire Management’’ have been released by the
President and apportioned.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Serv-
ice in connection with forest and rangeland research, tech-
nical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its terri-
tories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States
and international organizations.
None of the funds made available to the Forest Serv-
ice under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agri-
culture Organic 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
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in compliance with the reprogramming procedures con-
tained in House Report No. 105–163.
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 available to the Forest Service shall be
transferred to the Working Capital Fund of the Depart-
ment of Agriculture that exceed the total amount trans-
ferred during fiscal year 2000 for such purposes without
the advance approval of the House and Senate Committees
on Appropriations.
Funds available to the Forest Service shall be avail-
able 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 Conserva-
tion Corps, defined in section 250(c)(4)(E)(xii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act.
Of the funds available to the Forest Service, $2,500
is available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public
Law 101–593, of the funds available to the Forest Service,
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up to $2,250,000 may be advanced in a lump sum as Fed-
eral financial assistance to the National Forest Founda-
tion, without regard to when the Foundation incurs ex-
penses, for administrative expenses or projects on or bene-
fitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds
made available to the Foundation, no more than $300,000
shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of
the period of Federal financial assistance, private con-
tributions to match on at least one-for-one basis funds
made available 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: Provided further, That hereafter, the National For-
est 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: Pro-
vided further, That such investments may be made only
in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest
by the United States.
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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 Fed-
eral financial assistance, without regard to when expenses
are incurred, for projects on or benefitting National For-
est System lands or related to Forest Service programs:
Provided, That the Foundation shall obtain, by the end
of the period of Federal financial assistance, private con-
tributions to match on at least one-for-one basis funds ad-
vanced 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 devel-
opment 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 activities under the ‘‘Jobs in the Woods’’ program for
projects on National Forest land in the State of Wash-
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ington 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 admin-
istering projects. Project selection and prioritization shall
be accomplished by the Forest Service with such consulta-
tion with the State of Washington 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 ap-
propriate with the Pinchot Institute for Conservation, as
well as with public and other private agencies, organiza-
tions, institutions, and individuals, to provide for the de-
velopment, administration, maintenance, or restoration of
land, facilities, or Forest Service programs, at the Grey
Towers National Historic Landmark: Provided, That, sub-
ject to such terms and conditions as the Secretary of Agri-
culture may prescribe, any such public or private agency,
organization, institution, or individual may solicit, accept,
and administer private gifts of money and real or personal
HR 2217 RH
property for the benefit of, or in connection with, the ac-
tivities and services at the Grey Towers National Historic
Landmark: Provided further, That such gifts may be ac-
cepted notwithstanding the fact that a donor conducts
business with the Department of Agriculture in any capac-
ity.
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 Agri-
culture, for travel and related expenses incurred as a re-
sult of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management
reviews, land purchase negotiations and similar non-litiga-
tion related matters. 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
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by this 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 indirect expenses, that
is expenses not directly related to specific programs or to
the accomplishment of specific work on-the-ground, from
any funds available to the Forest Service: Provided, That
the Forest Service shall implement and adhere to the defi-
nitions of indirect expenditures established pursuant to
Public Law 105–277 on a nationwide basis without flexi-
bility for modification by any organizational level except
the Washington Office, and when changed by the Wash-
ington Office, such changes in definition shall be reported
in budget requests submitted by the Forest Service: Pro-
vided further, That the Forest Service shall provide in all
future budget justifications, planned indirect expenditures
in accordance with the definitions, summarized and dis-
played 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 budget
justification. The display shall include appropriated funds
and the Knutson-Vandenberg, Brush Disposal, Coopera-
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tive 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 2002 the Secretary shall limit total
annual indirect obligations from the Brush Disposal,
Knutson-Vandenberg, Reforestation, Salvage Sale, and
Roads and Trails funds to 20 percent of the total obliga-
tions from each fund. Obligations in excess of 20 percent
which would otherwise be charged to the above funds may
be charged to appropriated funds available to the Forest
Service subject to notification of the Committees on Ap-
propriations of the House and Senate.
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 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 with-
out further appropriation and until expended for mainte-
nance and rehabilitation activities on the Green Mountain
National Forest.
HR 2217 RH
DEPARTMENT OF ENERGY
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
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, includ-
ing defeasible and equitable interests in any real property
or any facility or for plant or facility acquisition or expan-
sion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing,
use, and disposal of mineral substances without objection-
able social and environmental costs (30 U.S.C. 3, 1602,
and 1603), $579,000,000, to remain available until ex-
pended, of which $150,000,000 is to be available, after
coordination with the private sector, for a request for pro-
posals for a Clean Coal Power Initiative providing for com-
petitively-awarded research, development and demonstra-
tion of commercial scale technologies to reduce the bar-
riers to continued and expanded coal use: Provided, That
all awards shall be cost-shared with industry participants:
Provided further, That in order to enhance the return to
the taxpayer, provisions for royalties from commercializa-
tion of funded technologies shall be included in the pro-
gram solicitation, including provisions for reasonable roy-
alties from sale or licensing of technologies from both do-
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mestic and foreign transactions: Provided further, That no
part of the sum herein made available shall be used for
the field testing of nuclear explosives in the recovery of
oil and gas: Provided further, That up to 4 percent of pro-
gram direction funds available to the National Energy
Technology Laboratory may be used to support Depart-
ment of Energy activities not included in this account.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out engineering stud-
ies to determine thecost of development, the predicted rate
and quantity of petroleum recovery, the methodology, and
the equipment specifications for development of Shannon
Formation at Naval Petroleum Reserve Numbered 3, uti-
lizing 
a 
below-the-reservoir 
production 
method,
$17,371,000, to remain available until expended: Pro-
vided, 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
(INCLUDING TRANSFER OF FUNDS)
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 be derived by transfer from
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funds appropriated in prior years under the heading
‘‘Clean Coal Technology’’.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $940,805,000 to remain available
until expended: Provided, That $311,000,000 shall be for
use in energy conservation grant 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: $249,000,000 for weath-
erization assistance grants and $62,000,000 for State en-
ergy conservation grants: Provided further, That notwith-
standing any other provision of law, in fiscal year 2002
and thereafter sums appropriated for weatherization as-
sistance grants shall be contingent on a non-Federal cost
share of 25 percent by each participating State or other
qualified participant: Provided further, That the Secretary
of Energy may waive up to fifty percent of the cost-shar-
ing requirement for weatherization assistance for a State
which he finds to be experiencing fiscal hardship or major
changes in energy markets or suppliers or other temporary
limitations on its ability to provide matching funds, pro-
vided that the State is demonstrably engaged in con-
tinuing activities to secure non-Federal resources and that
such waiver is limited to one fiscal year and that no State
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may be granted such waiver more than twice: Provided
further, That, hereafter, Indian tribal direct 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, $1,996,000, to re-
main available until expended.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program
management activities pursuant to the Energy Policy and
Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), $179,009,000, to remain available until expended,
of which $8,000,000 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, $78,499,000,
to remain available until expended.
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
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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
finance authorized price support or loan guarantee pro-
grams unless specific provision is made for such programs
in an appropriations Act.
The Secretary is authorized to accept lands, build-
ings, 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 Secretary of Energy, to be available until
expended, and used only for plant construction, operation,
costs, and payments to cost-sharing entities as provided
in appropriate cost-sharing contracts or agreements: Pro-
vided further, That the remainder of revenues after the
making of such payments shall be covered into the Treas-
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ury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by
the Secretary pursuant to this authority shall not be exe-
cuted prior to the expiration of 30 calendar days (not in-
cluding any day in which either House of Congress is not
in session because of adjournment of more than three cal-
endar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the Presi-
dent of the Senate of a full comprehensive report 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
procurement documents for programs or projects for
which appropriations have not been made.
In addition to other authorities set forth in this Act,
the Secretary may accept fees and contributions from pub-
lic and private sources, to be deposited in a contributed
funds account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State or
private 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 Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with re-
spect to the Indian Health Service, $2,390,014,000, to-
gether with payments received during the fiscal year pur-
suant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made avail-
able to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Edu-
cation 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: Pro-
vided further, That $15,000,000 shall remain available
until expended, for the Indian Catastrophic Health Emer-
gency Fund: Provided further, That $445,776,000 for con-
tract medical care shall remain available for obligation
until September 30, 2003: Provided further, That of the
funds provided, up to $22,000,000 shall be used to carry
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out the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further,
That funds provided in this Act may be used for one-year
contracts and grants which are to be performed in two
fiscal years, so long as the total obligation is recorded in
the year for which the funds are appropriated: Provided
further, That the amounts collected by the Secretary of
Health and Human Services under the authority of title
IV of the Indian Health Care Improvement Act shall re-
main available until expended for the purpose of achieving
compliance with the applicable conditions and require-
ments of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new fa-
cilities): 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, 2003: Provided further, That amounts
received by tribes and tribal organizations under title IV
of the Indian Health Care Improvement Act shall be re-
ported 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
$268,234,000 shall be for payments to tribes and tribal
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organizations for contract or grant support costs associ-
ated with contracts, grants, self-governance compacts or
annual funding agreements between the Indian Health
Service and a tribe or tribal organization pursuant to the
Indian Self-Determination Act of 1975, as amended, prior
to or during fiscal year 2002, of which not to exceed
$20,000,000 may be used for contract support costs asso-
ciated with new or expanded self-determination contracts,
grants, self-governance compacts or annual funding agree-
ments: Provided further, That such costs should be paid
at a rate commensurate with existing contracts and no
new or expanded self-determination contracts, grants, self-
governance compacts or annual funding agreements shall
be entered into once the $20,000,000 has been committed:
Provided further, That no existing self-determination con-
tract, grant, self-governance compact or annual funding
agreement shall receive direct contract support costs in ex-
cess of the amount received in fiscal year 2001 for such
costs: Provided further, That funds available for the In-
dian 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,
including quarters for personnel; preparation of plans,
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specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trail-
ers; and for provision of domestic and community sanita-
tion facilities for Indians, as authorized by section 7 of
the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care Im-
provement Act, and for expenses necessary to carry out
such Acts and titles II and III of the Public Health Serv-
ice Act with respect to environmental health and facilities
support 
activities 
of 
the 
Indian 
Health 
Service,
$369,795,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
funds appropriated for the planning, design, construction
or renovation of health facilities for the benefit of an In-
dian tribe or tribes may be used to purchase land for sites
to construct, improve, or enlarge health or related facili-
ties: 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, subject to a nego-
tiated project agreement between the YKHC and the In-
dian Health Service: Provided further, That this project
shall not be subject to the construction provisions of the
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Indian Self-Determination and Education Assistance Act
and shall be removed from the Indian Health Service pri-
ority list upon completion: Provided further, That the Fed-
eral Government shall not be liable for any property dam-
ages 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
further, That $5,000,000 shall remain available until ex-
pended for the purpose of funding up to two 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, 2002, the
financial capability necessary to provide an appropriate fa-
cility: Provided further, That joint venture funds
unallocated after March 1, 2002, 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-
ing Indian Health Service requirements prepared for ap-
proval by the Service and can demonstrate the financial
capability needed to provide an appropriate facility: Pro-
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vided further, That the Indian Health Service shall request
additional staffing, operation and maintenance funds for
these facilities in future budget requests: Provided further,
That not to exceed $500,000 shall be used by the Indian
Health Service to purchase TRANSAM equipment from
the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That
not to exceed $500,000 shall be used by the Indian Health
Service to obtain ambulances for the Indian Health Serv-
ice and tribal facilities in conjunction with an existing
interagency agreement between the Indian Health Service
and the General Services Administration: Provided further,
That not to exceed $500,000 shall be placed in a Demoli-
tion Fund, available until expended, to be used by the In-
dian Health Service for demolition of Federal buildings:
Provided further, That notwithstanding the provisions of
title III, section 306, of the Indian Health Care Improve-
ment Act (Public Law 94–437, as amended), construction
contracts authorized under title I of the Indian Self-Deter-
mination 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 im-
prove municipal, private, or tribal lands, and that at no
time, during construction or after completion of the
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project will the Federal Government have any rights or
title to any real or personal property acquired as a part
of the contract.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equiva-
lent 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 equipment; purchase of re-
prints; purchase, renovation and erection of modular
buildings and renovation of existing facilities; payments
for telephone service in private residences in the field,
when authorized under regulations approved by the Sec-
retary; and for uniforms or allowances therefore as au-
thorized by 5 U.S.C. 5901–5902; and for expenses of at-
tendance at meetings which are concerned with the func-
tions 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 In-
dian 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
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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 trans-
ferred from the Department of Housing and Urban Devel-
opment to the Indian Health Service shall be administered
under Public Law 86–121 (the Indian Sanitation Facili-
ties 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 purposes, shall not be subject to limitations di-
rected at curtailing Federal travel and transportation.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal or-
ganization through a contract, grant, or agreement au-
thorized by title I or title III of the Indian Self-Determina-
tion and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-deter-
mination contract under title I, or a self-governance agree-
ment under title III of such Act and thereafter shall re-
main 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 Serv-
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ices, relating to the eligibility for the health care services
of the Indian Health Service until the Indian Health Serv-
ice has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such re-
quest has been included in an appropriations Act and en-
acted into law.
Funds made available in this Act are to be appor-
tioned 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 pay-
ment in advance with subsequent adjustment. The reim-
bursements received therefrom, along with the funds re-
ceived from those entities pursuant to the Indian Self-De-
termination Act, may be credited to the same or subse-
quent 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 tech-
nical assistance.
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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 appro-
priations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-parti-
tioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not in-
cluded 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 Reloca-
tion 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 re-
placement 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
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Navajo reservation or selected a replacement residence off
the Navajo reservation or on the land acquired pursuant
to 25 U.S.C. 640d–10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
CULTURE AND ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and
Alaska Native Culture and Arts Development, as author-
ized 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 Institu-
tion, 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 performances; collection, preparation,
dissemination, and exchange of information and publica-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease
(for terms not to exceed 30 years), and protection of build-
ings, 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, $396,200,000, of
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which not to exceed $53,030,000 is for the instrumenta-
tion program, collections acquisition, Museum Support
Center equipment and move, exhibition reinstallation, the
National Museum of the American Indian, the repatriation
of skeletal remains program, research equipment, informa-
tion management, Latino programming, and outreach,
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 further, That the
Smithsonian Institution may expend Federal appropria-
tions 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 Co-
lumbia: Provided further, That this use of Federal appro-
priations 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 appro-
priated funds may be used to service debt which is in-
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curred to finance the costs of acquiring the 900 H Street
building or of planning, designing, and constructing im-
provements to such building.
REPAIR, RESTORATION AND ALTERATION OF FACILITIES
For necessary expenses of maintenance, repair, res-
toration, 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 serv-
ices as authorized by 5 U.S.C. 3109, $67,900,000, to re-
main available until expended, of which $10,000,000 is
provided for maintenance, repair, rehabilitation and alter-
ation of facilities at the National Zoological Park: Pro-
vided, That contracts awarded for environmental systems,
protection systems, and repair or restoration of facilities
of the Smithsonian Institution may be negotiated with se-
lected 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
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of staff or redirection of functions and programs without
approval by the Board of Regents of recommendations re-
ceived 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 Gal-
lery of Art, the protection and care of the works of art
therein, and administrative 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
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services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized by the treasurer of the Gallery for
membership in library, museum, and art associations or
societies whose publications or services are available to
members only, or to members 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, alter-
ation, 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 prop-
er, $68,967,000, of which not to exceed $3,026,000 for
the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $14,220,000, to remain available
until expended: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and exterior repair
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or renovation of buildings of the National Gallery 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, mainte-
nance and security of the John F. Kennedy Center for
the Performing Arts, $15,000,000.
CONSTRUCTION
For necessary expenses for capital repair and restora-
tion 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.
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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 Na-
tional Endowment for the Arts for the support of projects
and productions in the arts through assistance to organi-
zations 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 ex-
pended: Provided, That funds previously appropriated to
the National Endowment for the Arts ‘‘Matching Grants’’
account may be transferred to and merged with this ac-
count.
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, $104,882,000, shall be available to the Na-
tional Endowment for the Humanities for support of ac-
tivities in the humanities, pursuant to section 7(c) of the
Act, and for administering the functions of the Act, to
remain available until expended.
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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, $15,622,000, to remain available
until expended, of which $11,622,000 shall be available
to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropria-
tion 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 pro-
visions 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 appropriated.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out subtitle C of the Museum and Li-
brary Services Act of 1996, as amended, $24,899,000, to
remain available until expended.
CHALLENGE AMERICA ARTS FUND
CHALLENGE AMERICA GRANTS
For necessary expenses as authorized by Public Law
89–209, as amended, $7,000,000, for support for arts
education and public outreach activities to be administered
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by the National Endowment for the Arts, to remain avail-
able 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 re-
ception and representation expenses: Provided further,
That funds from nonappropriated sources may be used as
necessary for official reception and representation ex-
penses.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing
a Commission of Fine Arts (40 U.S.C. 104), $1,274,000:
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 col-
lection, to remain available until expended without further
appropriation.
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.
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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: Provided, 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 Na-
tional 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 COUNCIL
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 96–388 (36 U.S.C. 1401), as
amended (36 U.S.C. 2301–2310), $36,028,000, of which
$1,900,000 for the museum’s repair and rehabilitation
program and $1,264,000 for the museum’s exhibitions
program shall remain available until expended.
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PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Om-
nibus Parks and Public Lands Management Act of 1996,
$22,427,000, 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 procure-
ment contract, pursuant 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 ex-
isting 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 publica-
tion or distribution of literature that in any way tends to
promote public support or opposition to any legislative
proposal on which congressional action is not complete.
SEC. 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 department or agency shall be obligated or expended
to provide a personal cook, chauffeur, or other personal
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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 Ap-
propriations 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 classi-
fied 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 Jer-
sey City, New Jersey, and Ellis Island; or (2) to prevent
pedestrian use of such bridge, when it is made known to
the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with gen-
erally accepted safety standards.
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SEC. 309. (a) LIMITATION OF FUNDS.—None of the
funds appropriated 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 Secretary 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 Com-
mittees on Appropriations and the Committee on Re-
sources of the House of Representatives and the Com-
mittee 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 Depart-
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ment of the Interior and Related Agencies Appropriations
Act, 1997 (Public Law 104–208).
(d) MINERAL EXAMINATIONS.—In order to process
patent applications in a timely and responsible manner,
upon the request of a patent applicant, the Secretary of
the Interior shall allow the applicant to fund a qualified
third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent appli-
cation 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 con-
tract support costs associated with self-determination or
self-governance contracts, grants, compacts, or annual
funding agreements with the Bureau of Indian Affairs or
the Indian Health Service as funded by such Acts, are the
total amounts available for fiscal years 1994 through 2001
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for such purposes, except that, for the Bureau of Indian
Affairs, tribes and tribal organizations may use their trib-
al 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 authorized to limit competition for water-
shed restoration project contracts as part of the ‘‘Jobs in
the Woods’’ Program established in Region 10 of the For-
est Service to individuals and entities in historically tim-
ber-dependent areas in the States of Washington, Oregon,
northern California and Alaska that have been affected by
reduced timber harvesting on Federal lands. The Secre-
taries shall consider the benefits to the local economy in
evaluating bids and designing procurements which create
economic opportunities for local contractors.
SEC. 312. (a) RECREATIONAL FEE DEMONSTRATION
PROGRAM.—Subsection (f) of section 315 of the Depart-
ment 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—
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(1) by striking ‘‘commence on October 1, 1995,
and end on September 30, 2002’’ and inserting ‘‘end
on September 30, 2006’’; and
(2) by striking ‘‘September 30, 2005’’ and in-
serting ‘‘September 30, 2009’’.
(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 fol-
lowing: ‘‘, including the provision of discounted or free ad-
mission or use as the Secretary considers appropriate’’.
(e) SPECIAL USE PERMITS.—Subsection (b) of such
section is amended—
(1) in paragraph (4), by striking ‘‘and’’ at the
end of the paragraph;
(2) in paragraph (5), by striking the period at
the end of the paragraph and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
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‘‘(6) in fiscal year 2003 and thereafter may re-
tain, for distribution and use as provided in sub-
section (c), fees imposed by the Forest Service for
the issuance of recreation special use authorizations
not exceeding one year under any provision of law.’’.
(f) 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 Appropriations of the House of Rep-
resentatives and the Committee on Appropriations of the
Senate if the estimated total cost of the structure exceeds
$500,000.’’.
SEC. 313. All interests created under leases, conces-
sions, permits and other agreements associated with the
properties administered by the Presidio Trust, hereafter
shall be exempt from all taxes and special assessments of
every kind by the State of California and its political sub-
divisions.
SEC. 314. None of the funds made available in this
or any other Act for any fiscal year may be used to des-
ignate, or to post any sign designating, any portion of Ca-
naveral National Seashore in Brevard County, Florida, as
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a clothing-optional area or as an area in which public nu-
dity is permitted, if such designation would be contrary
to county ordinance.
SEC. 315. Of the funds provided to the National En-
dowment for the Arts—
(1) The Chairperson shall only award a grant
to an individual if such grant is awarded to such in-
dividual for a literature fellowship, National Herit-
age Fellowship, or American Jazz Masters Fellow-
ship.
(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 ac-
tivity 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. 316. The National Endowment for the Arts and
the National Endowment for the Humanities are author-
ized to solicit, accept, receive, and invest in the name of
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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 Endowment for the Arts
and the National Endowment for the Humanities. Any
proceeds from such gifts, bequests, or devises, after ac-
ceptance by the National Endowment for the Arts or the
National Endowment for the Humanities, shall be paid by
the donor or the representative of the donor to the Chair-
man. 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. 317. (a) In providing services or awarding fi-
nancial assistance under the National Foundation on the
Arts and the Humanities Act of 1965 from funds appro-
priated 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 minori-
ties, who have historically been outside the purview
of arts and humanities programs due to factors such
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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 sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2))) applicable to a family of
the size involved.
(c) In providing services and awarding financial as-
sistance under the National Foundation on the Arts and
Humanities Act of 1965 with funds appropriated by this
Act, the Chairperson of the National Endowment for the
Arts shall ensure that priority is given to providing serv-
ices or awarding financial assistance for projects, produc-
tions, workshops, or programs that will encourage public
knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Hu-
manities Act of 1965—
(1) the Chairperson shall establish a grant cat-
egory for projects, productions, workshops, or pro-
grams that are of national impact or availability or
are able to tour several States;
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(2) the Chairperson shall not make grants ex-
ceeding 15 percent, in the aggregate, of such funds
to any single State, excluding grants made under the
authority of paragraph (1);
(3) the Chairperson shall report to the Con-
gress annually and by State, on grants awarded by
the Chairperson in each grant category under sec-
tion 5 of such Act; and
(4) the Chairperson shall encourage the use of
grants to improve and support community-based
music performance and education.
SEC. 318. None of the funds in this Act may be used
to support Government-wide administrative functions un-
less such functions are justified in the budget process and
funding is approved by the House and Senate Committees
on Appropriations.
SEC. 319. Notwithstanding any other provision of
law, none of the funds in this Act may be used for GSA
Telecommunication Centers.
SEC. 320. None of the funds in this Act may be used
for planning, design or construction of improvements to
Pennsylvania Avenue in front of the White House without
the advance approval of the House and Senate Committees
on Appropriations.
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SEC. 321. Amounts deposited during fiscal year 2001
in the roads and trails fund provided for in the fourteenth
paragraph under the heading ‘‘FOREST SERVICE’’ of
the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501),
shall be used by the Secretary of Agriculture, without re-
gard to the State in which the amounts were derived, to
repair or reconstruct roads, bridges, and trails on National
Forest System lands or to carry out and administer
projects to improve forest health conditions, which may
include the repair or reconstruction of roads, bridges, and
trails on National Forest System lands in the wildland-
community interface where there is an abnormally high
risk of fire. The projects shall emphasize reducing risks
to human safety and public health and property and en-
hancing ecological functions, long-term forest productivity,
and biological integrity. The projects may be completed
in a subsequent fiscal year. Funds shall not be expended
under this section to replace funds which would otherwise
appropriately be expended from the timber salvage sale
fund. Nothing in this section shall be construed to exempt
any project from any environmental law.
SEC. 322. Other than in emergency situations, none
of the funds in this Act may be used to operate telephone
answering machines during core business hours unless
such answering machines include an option that enables
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callers to reach promptly an individual on-duty with the
agency being contacted.
SEC. 323. No timber sale in Region 10 shall be adver-
tised if the indicated rate is deficit when appraised under
the transaction evidence appraisal system using domestic
Alaska values for western red cedar: Provided, That sales
which are deficit when appraised under the transaction
evidence appraisal system using domestic Alaska values
for western red cedar may be advertised upon receipt of
a written request by a prospective, informed bidder, who
has the opportunity to review the Forest Service’s cruise
and harvest cost estimate for that timber. Program accom-
plishments shall be based on volume sold. Should Region
10 sell, in fiscal year 2001, the annual average portion
of the decadal allowable sale quantity called for in the cur-
rent Tongass Land Management Plan in sales which are
not deficit when appraised under the transaction evidence
appraisal system using domestic Alaska values for western
red cedar, all of the western red cedar timber from those
sales which is surplus to the needs of domestic processors
in Alaska, shall be made available to domestic processors
in the contiguous 48 United States at prevailing domestic
prices. Should Region 10 sell, in fiscal year 2001, less
than the annual average portion of the decadal allowable
sale quantity called for in the current Tongass Land Man-
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agement Plan in sales which are not deficit when ap-
praised under the transaction evidence appraisal system
using domestic Alaska values for western red cedar, the
volume of western red cedar timber available to domestic
processors at prevailing domestic prices in the contiguous
48 United States shall be that volume: (i) which is surplus
to the needs of domestic processors in Alaska; and (ii) is
that percent of the surplus western red cedar volume de-
termined by calculating the ratio of the total timber vol-
ume which has been sold on the Tongass to the annual
average portion of the decadal allowable sale quantity
called for in the current Tongass Land Management Plan.
The percentage shall be calculated by Region 10 on a roll-
ing basis as each sale is sold (for purposes of this amend-
ment, a ‘‘rolling basis’’ shall mean that the determination
of how much western red cedar is eligible for sale to var-
ious markets shall be made at the time each sale is award-
ed). Western red cedar shall be deemed ‘‘surplus to the
needs of domestic processors in Alaska’’ when the timber
sale holder has presented to the Forest Service docu-
mentation of the inability to sell western red cedar logs
from a given sale to domestic Alaska processors at price
equal to or greater than the log selling value stated in
the contract. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic
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processors may be exported to foreign markets at the elec-
tion of the timber sale holder. All Alaska yellow cedar may
be sold at prevailing export prices at the election of the
timber sale holder.
SEC. 324. The Forest Service, in consultation with
the Department of Labor, shall review Forest Service
campground concessions policy to determine if modifica-
tions can be made to Forest Service contracts for camp-
grounds so that such concessions fall within the regulatory
exemption of 29 CFR 4.122(b). The Forest Service shall
offer in fiscal year 2002 such concession prospectuses
under the regulatory exemption, except that, any pro-
spectus that does not meet the requirements of the regu-
latory exemption shall be offered as a service contract in
accordance with the requirements of 41 U.S.C. 351–358.
SEC. 325. A project undertaken by the Forest Service
under the Recreation Fee Demonstration Program as au-
thorized by section 315 of the Department of the Interior
and Related Agencies Appropriations Act for Fiscal Year
1996, as amended, shall not result in—
(1) displacement of the holder of an authoriza-
tion to provide commercial recreation services on
Federal lands. Prior to initiating any project, the
Secretary shall consult with potentially affected
holders to determine what impacts the project may
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have on the holders. Any modifications to the au-
thorization shall be made within the terms and con-
ditions of the authorization and authorities of the
impacted agency.
(2) the return of a commercial recreation serv-
ice to the Secretary for operation when such services
have been provided in the past by a private sector
provider, except when—
(A) the private sector provider fails to bid
on such opportunities;
(B) the private sector provider terminates
its relationship with the agency; or
(C) the agency revokes the permit for non-
compliance with the terms and conditions of the
authorization.
In such cases, the agency may use the Recreation Fee
Demonstration Program to provide for operations until a
subsequent operator can be found through the offering of
a new prospectus.
SEC. 326. For fiscal years 2002 and 2003, the Sec-
retary of Agriculture is authorized to limit competition for
fire and fuel treatment and watershed restoration con-
tracts in the Giant Sequoia National Monument and the
Sequoia National Forest. Preference for employment shall
be given to dislocated and displaced workers in Tulare,
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Kern and Fresno Counties, California, for work associated
with the establishment of the Giant Sequoia National
Monument.
SEC. 327. EXPEDITIOUS TREATMENT OF FOREST
PLAN REVISIONS.—The Secretary of Agriculture shall
complete revisions to all land and resource management
plans to manage a unit of the National Forest System pur-
suant to Section 6 of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 1604)
as expeditiously as practicable using the funds provided
for that purpose by this Act.
SEC. 328. Until September 30, 2003, the authority
of the Secretary of Agriculture to enter into a cooperative
agreement under the first section of Public Law 94–148
(16 U.S.C. 565a–1) for a purpose described in such sec-
tion includes the authority to use that legal instrument
when the principal purpose of the resulting relationship
is to the mutually significant benefit of the Forest Service
and the other party or parties to the agreement, including
nonprofit entities.
SEC. 329. (a) PILOT PROGRAM AUTHORIZING CON-
VEYANCE OF EXCESS FOREST SERVICE STRUCTURES.—
The Secretary of Agriculture may convey, by sale or ex-
change, any or all right, title, and interest of the United
States in and to excess buildings and other structures lo-
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cated on National Forest System lands and under the ju-
risdiction of the Forest Service. The conveyance may in-
clude the land on which the building or other structure
is located and such other land immediately adjacent to the
building or structure as the Secretary considers necessary.
(b) LIMITATION.—Not more than 10 conveyances
may be made under the authority of this section, and the
Secretary of Agriculture shall obtain the concurrence of
the Committee on Appropriations of the House of Rep-
resentatives and the Committee on Appropriations of the
Senate in advance of each conveyance.
(c) USE OF PROCEEDS.—The proceeds derived from
the sale of a building or other structure under this section
shall be retained by the Secretary of Agriculture and shall
be available to the Secretary, without further appropria-
tion until expended, for maintenance and rehabilitation ac-
tivities within the Forest Service Region in which the
building or structure is located.
(d) DURATION OF AUTHORITY.—The authority pro-
vided by this section expires on September 30, 2005.
SEC. 330. Section 551(c) of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll–61(c)) is
amended by striking ‘‘2002’’ and inserting ‘‘2004’’.
SEC. 331. Section 323(a) of the Department of the
Interior and Related Agencies Appropriations Act, 1999,
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as included in Public Law 105–277, Div. A, section 101(e)
is amended by inserting ‘‘and fiscal years 2002 through
2005,’’ before ‘‘to the extent funds are otherwise avail-
able’’.
This Act may be cited as the ‘‘Department of the In-
terior and Related Agencies Appropriations Act, 2002’’.