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1985, as amended, for the purposes of discretionary
spending limits.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Ele-
phant Conservation Act (16 U.S.C. 4201–4203, 4211–
4213, 4221–4225, 4241–4245, and 1538), the Asian Ele-
phant Conservation Act of 1997 (Public Law 105–96; 16
U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva-
tion Act of 1994 (16 U.S.C. 5301–5306), and the Great
Ape Conservation Act of 2000 (16 U.S.C. 6301),
$4,800,000, to remain available until expended, and to be
for conservation spending activities pursuant to section
251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of dis-
cretionary spending limits.
STATE WILDLIFE GRANTS
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United
States Virgin Islands, the Northern Mariana Islands,
American Samoa, and federally recognized Indian tribes
under the provisions of the Fish and Wildlife Act of 1956
and the Fish and Wildlife Coordination Act, for the devel-
opment and implementation of programs for the benefit
of wildlife and their habitat, including species that are not
hunted or fished, $100,000,000, to be derived from the
Land and Water Conservation Fund, to remain available
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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 of the
amount provided herein, $5,000,000 is for a competitive
grant program for Indian tribes not subject to the remain-
ing provisions of this appropriation: Provided further, That
the Secretary shall, after deducting said $5,000,000 and
administrative expenses, apportion the amount provided
herein in the following manner: (A) to the District of Co-
lumbia and to the Commonwealth of Puerto Rico, each
a sum equal to not more than one-half of 1 percent there-
of: and (B) to Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-
fourth of 1 percent thereof: Provided further, That the
Secretary shall apportion the remaining amount in the fol-
lowing manner: (A) one-third of which is based on the
ratio to which the land area of such State bears to the
total land area of all such States; and (B) two-thirds of
which is based on the ratio to which the population of such
State bears to the total population of all such States: Pro-
vided further, That the amounts apportioned under this
paragraph shall be adjusted equitably so that no State
shall be apportioned a sum which is less than 1 percent
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of the amount available for apportionment under this
paragraph for any fiscal year or more than 5 percent of
such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total
costs of such projects and the Federal share of implemen-
tation grants shall not exceed 50 percent of the total costs
of such projects: Provided further, That the non-Federal
share of such projects may not be derived from Federal
grant programs: Provided further, That no State, terri-
tory, or other jurisdiction shall receive a grant unless it
has developed, or committed to develop by October 1,
2005, a comprehensive wildlife conservation plan, con-
sistent with criteria established by the Secretary of the
Interior, that considers the broad range of the State, terri-
tory, or other jurisdiction’s wildlife and associated habi-
tats, with appropriate priority placed on those species with
the greatest conservation need and taking into consider-
ation the relative level of funding available for the con-
servation of those species: Provided further, That any
amount apportioned in 2003 to any State, territory, or
other jurisdiction that remains unobligated as of Sep-
tember 30, 2004, shall be reapportioned, together with
funds appropriated in 2005, in the manner provided here-
in.
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ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 102 passenger motor vehicles, of
which 75 are for replacement only (including 39 for police-
type use); repair of damage to public roads within and
adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed
$1 for each option; facilities incident to such public rec-
reational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improve-
ment of aquaria, buildings, and other facilities under the
jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection
with management and investigation of fish and wildlife re-
sources: Provided, That notwithstanding 44 U.S.C. 501,
the Service may, under cooperative cost sharing and part-
nership arrangements authorized by law, procure printing
services from cooperators in connection with jointly pro-
duced publications for which the cooperators share at least
one-half the cost of printing either in cash or services and
the Service determines the cooperator is capable of meet-
ing accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding
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any other provision of law, the Secretary of the Interior
may not spend any of the funds appropriated in this Act
for the purchase of lands or interests in lands to be used
in the establishment of any new unit of the National Wild-
life Refuge System unless the purchase is approved in ad-
vance by the House and Senate Committees on Appropria-
tions in compliance with the reprogramming procedures
contained in Senate Report 105–56.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, oper-
ation, and maintenance of areas and facilities adminis-
tered by the National Park Service (including special road
maintenance service to trucking permittees on a reimburs-
able basis), and for the general administration of the Na-
tional Park Service, $1,605,593,000, of which $9,000,000
is for conservation spending category activities pursuant
to section 251(c) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for the purposes
of discretionary spending limits and of which $10,892,000
for research, planning and interagency coordination in
support of Everglades restoration shall remain available
until expended; and of which $90,280,000 to remain avail-
able until September 30, 2004, is for maintenance repair
or rehabilitation projects for constructed assets, operation
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of the National Park Service automated facility manage-
ment software system, and comprehensive facility condi-
tion assessments; and of which $2,000,000 is for the
Youth 
Conservation 
Corps, 
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, for high priority projects: Provided, That the
only funds in this account which may be made available
to support United States Park Police are those funds ap-
proved for emergency law and order incidents pursuant
to established National Park Service procedures, those
funds needed to maintain and repair United States Park
Police administrative facilities, and those funds necessary
to reimburse the United States Park Police account for
the unbudgeted overtime and travel costs associated with
special events for an amount not to exceed $10,000 per
event subject to the review and concurrence of the Wash-
ington headquarters office: Provided further, That none of
the funds in this or any other Act may be used to fund
a new Associate Director position for Law Enforcement,
Protection, and Emergency Services.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of
the United States Park Police, $78,431,000.
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propriations and the President’s Committee on the Arts
and Humanities.
CONSTRUCTION
For construction, improvements, repair or replace-
ment of physical facilities, including the modifications au-
thorized by section 104 of the Everglades National Park
Protection and Expansion Act of 1989, $325,186,000, to
remain available until expended, of which $53,736,000 is
for 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 none of the funds in this or any other Act,
may be used to pay the salaries and expenses of more than
160 Full Time Equivalent personnel working for the Na-
tional Park Service’s Denver Service Center funded under
the construction program management and operations ac-
tivity: Provided further, That none of the funds provided
in this or any other Act may be used to pre-design, plan,
or construct any new facility (including visitor centers, cu-
ratorial facilities, administrative buildings), for which ap-
propriations have not been specifically provided if the net
construction cost of such facility is in excess of
$5,000,000, without prior approval of the House and Sen-
ate Committees on Appropriations: Provided further, That
this restriction applies to all funds available to the Na-
tional Park Service, including partnership and fee dem-
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onstration projects: Provided further, That the National
Park Service may transfer to the City of Carlsbad, New
Mexico, funds for the construction of the National Cave
and Karst Research Institute to be built and operated in
accordance with provisions in Public Law 105–325 and
all other applicable laws and regulations. Title to the Insti-
tute will be held by the City of Carlsbad.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2003
by 16 U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and
Water Conservation Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses,
and for acquisition of lands or waters, or interest therein,
in accordance with the statutory authority applicable to
the National Park Service, $253,099,000, 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, of which
$150,000,000 is for the State assistance program includ-
ing $4,000,000 to administer the State assistance pro-
gram: Provided, That of the amounts provided under this
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heading, $20,000,000 may be for Federal grants, includ-
ing Federal administrative expenses, to the State of Flor-
ida for the acquisition of lands or waters, or interests
therein, within the Everglades watershed (consisting of
lands and waters within the boundaries of the South Flor-
ida Water Management District, Florida Bay and the
Florida Keys, including the areas known as the Frog
Pond, the Rocky Glades and the Eight and One-Half
Square Mile Area) under terms and conditions deemed
necessary by the Secretary to improve and restore the
hydrological function of the Everglades watershed: Pro-
vided further, That funds provided under this heading for
assistance to the State of Florida to acquire lands within
the Everglades watershed are contingent upon new match-
ing non-Federal funds by the State, or are matched by
the State pursuant to the cost-sharing provisions of sec-
tion 316(b) of Public Law 104–303, and shall be subject
to an agreement that the lands to be acquired will be man-
aged in perpetuity for the restoration of the Everglades:
Provided further, That none of the funds provided for the
State assistance program may be used to establish a con-
tingency fund: Provided further, That notwithstanding any
other provision of law, funds provided in this Act and in
prior Acts for project modifications by the Army Corps
of Engineers pursuant in section 104 of the Everglades
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National Park Protection and Expansion Act of 1989 shall
be made available to the Army Corps of Engineers, which
shall implement without further delay Alternative 6D, in-
cluding acquisition of lands and interests in lands, as gen-
erally described in the Central and Southern Florida
Project, Modified Water Deliveries to Everglades National
Park, Florida, 8.5 Square Mile Area, General Reevalua-
tion Report and Final Supplemental Environmental Im-
pact Statement, dated July 2000, for the purpose of pro-
viding a flood protection system for the 8.5 Square Mile
Area.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 301 passenger
motor vehicles, of which 273 shall be for replacement only,
including not to exceed 226 for police-type use, 10 buses,
and 8 ambulances: Provided, That none of the funds ap-
propriated to the National Park Service may be used to
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Serv-
ice may be used to implement an agreement for the rede-
velopment of the southern end of Ellis Island until such
agreement has been submitted to the Congress and shall
not be implemented prior to the expiration of 30 calendar
days (not including any day in which either House of Con-
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gress is not in session because of adjournment of more
than 3 calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the
President of the Senate of a full and comprehensive report
on the development of the southern end of Ellis Island,
including the facts and circumstances relied upon in sup-
port of the proposed project.
None of the funds in this Act may be spent by the
National Park Service for activities taken in direct re-
sponse to the United Nations Biodiversity Convention.
The National Park Service may distribute to oper-
ating units based on the safety record of each unit the
costs of programs designed to improve workplace and em-
ployee safety, and to encourage employees receiving work-
ers’ compensation benefits pursuant to chapter 81 of title
5, United States Code, to return to appropriate positions
for which they are medically able.
Notwithstanding any other provision of law, in fiscal
year 2003 and thereafter, sums provided to the National
Park Service by private entities for utility services shall
be credited to the appropriate account and remain avail-
able until expended. Heretofore and hereafter, in carrying
out the work under reimbursable agreements with any
State, local or tribal government, the National Park Serv-
ice may, without regard to 31 U.S.C. 1341 or any other
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provision of law or regulation, record obligations against
accounts receivable from such entities, and shall credit
amounts received from such entities to the appropriate ac-
count, such credit to occur within 90 days of the date of
the original request by the National Park Service for pay-
ment.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geo-
logical Survey to perform surveys, investigations, and re-
search covering topography, geology, hydrology, biology,
and the mineral and water resources of the United States,
its territories and possessions, and other areas as author-
ized by 43 U.S.C. 31, 1332, and 1340; classify lands as
to their mineral and water resources; give engineering su-
pervision to power permittees and Federal Energy Regu-
latory Commission licensees; administer the minerals ex-
ploration program (30 U.S.C. 641); and publish and dis-
seminate data relative to the foregoing activities; and to
conduct inquiries into the economic conditions affecting
mining and materials processing industries (30 U.S.C. 3,
21a, and 1603; 50 U.S.C. 98g(1)) and related purposes
as authorized by law and to publish and disseminate data;
$928,405,000, of which $64,855,000 shall be available
only for cooperation with States or municipalities for
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water resources investigations; of which $15,650,000 shall
remain available until expended for conducting inquiries
into the economic conditions affecting mining and mate-
rials processing industries; of which $24,448,000 shall be
available until September 30, 2004 for the operation and
maintenance of facilities and deferred maintenance; and
of which $170,414,000 shall be available until September
30, 2004 for the biological research activity and the oper-
ation of the Cooperative Research Units: Provided, That
none of these funds provided for the biological research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That of the amount pro-
vided herein, $25,000,000 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 no
part of this appropriation shall be used to pay more than
one-half the cost of topographic mapping or water re-
sources data collection and investigations carried on in co-
operation with States and municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geo-
logical Survey shall be available for the purchase of not
to exceed 53 passenger motor vehicles, of which 48 are
for replacement only; reimbursement to the General Serv-
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ices Administration for security guard services; con-
tracting for the furnishing of topographic maps and for
the making of geophysical or other specialized surveys
when it is administratively determined that such proce-
dures are in the public interest; construction and mainte-
nance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations and observation
wells; expenses of the United States National Committee
on Geology; and payment of compensation and expenses
of persons on the rolls of the Survey duly appointed to
represent the United States in the negotiation and admin-
istration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accom-
plished through the use of contracts, grants, or coopera-
tive agreements as defined in 31 U.S.C. 6302 et seq.: Pro-
vided further, That the United States Geological Survey
may use cooperative agreements for joint research and
data collection programs with Federal, State, and aca-
demic partners and may obtain space in cooperator facili-
ties incident to such cooperative agreements.
MINERAL MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
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laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehi-
cles for replacement only, $164,721,000, of which
$83,284,000, shall be available for royalty management
activities; and an amount not to exceed $100,230,000, to
be credited to this appropriation and to remain available
until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, from rate
increases to fee collections for Outer Continental Shelf ad-
ministrative activities performed by the Minerals Manage-
ment Service over and above the rates in effect on Sep-
tember 30, 1993, and from additional fees for Outer Con-
tinental Shelf administrative activities established after
September 30, 1993: Provided, That to the extent
$100,230,000 in additions to receipts are not realized
from the sources of receipts stated above, the amount
needed to reach $100,230,000 shall be credited to this ap-
propriation from receipts resulting from rental rates for
Outer Continental Shelf leases in effect before August 5,
1993: Provided further, That $3,000,000 for computer ac-
quisitions shall remain available until September 30,
2004: Provided further, That funds appropriated under
this Act shall be available for the payment of interest in
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accordance with 30 U.S.C. 1721(b) and (d): Provided fur-
ther, That not to exceed $3,000 shall be available for rea-
sonable expenses related to promoting volunteer beach and
marine cleanup activities: Provided further, That notwith-
standing any other provision of law, $15,000 under this
heading shall be available for refunds of overpayments in
connection with certain Indian leases in which the Direc-
tor of the Minerals Management Service (MMS) concurred
with the claimed refund due, to pay amounts owed to In-
dian allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That MMS may
under the royalty-in-kind pilot program, or under its au-
thority to transfer oil to the Strategic Petroleum Reserve,
use a portion of the revenues from royalty-in-kind sales,
without regard to fiscal year limitation, to pay for trans-
portation to wholesale market centers or upstream pooling
points, to process or otherwise dispose of royalty produc-
tion taken in kind, and to recover MMS transportation
costs, salaries, and other administrative costs directly re-
lated to filling the Strategic Petroleum Reserve: Provided
further, That MMS shall analyze and document the ex-
pected return in advance of any royalty-in-kind sales to
assure to the maximum extent practicable that royalty in-
come under the pilot program is equal to or greater than
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royalty income recognized under a comparable royalty-in-
value program.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section
1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990,
$6,105,000, which shall be derived from the Oil Spill Li-
ability Trust Fund, to remain available until expended.
OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions
of the Surface Mining Control and Reclamation Act of
1977, Public Law 95–87, as amended, including the pur-
chase of not to exceed 10 passenger motor vehicles, for
replacement only; $105,367,000: Provided, That the Sec-
retary of the Interior, pursuant to regulations, may use
directly or through grants to States, moneys collected in
fiscal year 2003 for civil penalties assessed under section
518 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1268), to reclaim lands adversely af-
fected by coal mining practices after August 3, 1977, to
remain available until expended: Provided further, That
appropriations for the Office of Surface Mining Reclama-
tion and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Of-
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fice of Surface Mining Reclamation and Enforcement
sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the
Surface Mining Control and Reclamation Act of 1977,
Public Law 95–87, as amended, including the purchase
of not more than 10 passenger motor vehicles for replace-
ment only, $184,745,000, to be derived from receipts of
the Abandoned Mine Reclamation Fund and to remain
available until expended; of which up to $10,000,000, to
be derived from the Federal Expenses Share of the Fund,
shall be for supplemental grants to States for the reclama-
tion of abandoned sites with acid mine rock drainage from
coal mines, and for associated activities, through the Ap-
palachian Clean Streams Initiative: Provided, That grants
to minimum program States will be $1,500,000 per State
in fiscal year 2003: Provided further, That of the funds
herein provided up to $18,000,000 may be used for the
emergency program authorized by section 410 of Public
Law 95–87, as amended, of which no more than 25 per-
cent shall be used for emergency reclamation projects in
any one State and funds for federally administered emer-
gency reclamation projects under this proviso shall not ex-
ceed $11,000,000: Provided further, That prior year unob-
ligated funds appropriated for the emergency reclamation
program shall not be subject to the 25 percent limitation
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per State and may be used without fiscal year limitation
for emergency projects: Provided further, That pursuant
to Public Law 97–365, the Department of the Interior is
authorized to use up to 20 percent from the recovery of
the delinquent debt owed to the United States Government
to pay for contracts to collect these debts: Provided fur-
ther, That funds made available under title IV of Public
Law 95–87 may be used for any required non-Federal
share of the cost of projects funded by the Federal Gov-
ernment for the purpose of environmental restoration re-
lated to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such
projects must be consistent with the purposes and prior-
ities of the Surface Mining Control and Reclamation Act.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act
of November 2, 1921 (25 U.S.C. 13), the Indian Self-De-
termination and Education Assistance Act of 1975 (25
U.S.C. 450 et seq.), as amended, the Education Amend-
ments of 1978 (25 U.S.C. 2001–2019), and the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
as amended, $1,859,064,000, to remain available until
September 30, 2004 except as otherwise provided herein,
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of which not to exceed $89,857,000 shall be for welfare
assistance payments and notwithstanding any other provi-
sion of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed
$133,209,000 shall be available for payments to tribes and
tribal organizations for contract support costs associated
with ongoing contracts, grants, compacts, or annual fund-
ing agreements entered into with the Bureau prior to or
during fiscal year 2003, as authorized by such Act, except
that tribes and tribal organizations may use their tribal
priority allocations for unmet indirect costs of ongoing
contracts, grants, or compacts, or annual funding agree-
ments and for unmet welfare assistance costs; and up to
$2,000,000 shall be for the Indian Self-Determination
Fund which shall be available for the transitional cost of
initial or expanded tribal contracts, grants, compacts or
cooperative agreements with the Bureau under such Act;
and of which not to exceed $454,985,000 for school oper-
ations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2003, and
shall remain available until September 30, 2004; and of
which not to exceed $57,536,000 shall remain available
until expended for housing improvement, road mainte-
nance, attorney fees, litigation support, the Indian Self-
Determination Fund, land records improvement, and the
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Navajo-Hopi Settlement Program: Provided, That not-
withstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, and 25 U.S.C. 2008, not to exceed $49,065,000
within and only from such amounts made available for
school operations shall be available to tribes and tribal or-
ganizations for administrative cost grants associated with
the operation of Bureau-funded schools: Provided further,
That any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2004, may be transferred
during fiscal year 2005 to an Indian forest land assistance
account established for the benefit of such tribe within the
tribe’s trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2005.
CONSTRUCTION
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities,
and other facilities, including architectural and engineer-
ing services by contract; acquisition of lands, and interests
in lands; and preparation of lands for farming, and for
construction of the Navajo Indian Irrigation Project pur-
suant to Public Law 87–483, $345,252,000, to remain
available until expended: Provided, That such amounts as
may be available for the construction of the Navajo Indian
Irrigation Project may be transferred to the Bureau of
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Reclamation: Provided further, That not to exceed 6 per-
cent of contract authority available to the Bureau of In-
dian Affairs from the Federal Highway Trust Fund may
be used to cover the road program management costs of
the Bureau: Provided further, That any funds provided for
the Safety of Dams program pursuant to 25 U.S.C. 13
shall be made available on a nonreimbursable basis: Pro-
vided further, That for fiscal year 2003, in implementing
new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to
tribally controlled grant schools under Public Law 100–
297, as amended, the Secretary of the Interior shall use
the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR
part 12 as the regulatory requirements: Provided further,
That such grants shall not be subject to section 12.61 of
43 CFR; the Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to be per-
formed: Provided further, That in considering applications,
the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in assuring that the
construction projects conform to applicable building stand-
ards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management capa-
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bilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That
any disputes between the Secretary and any grantee con-
cerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and in-
dividuals and for necessary administrative expenses,
$60,949,000, to remain available until expended; of which
$24,870,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 101–618 and 102–575, and for implemen-
tation of other enacted water rights settlements; of which
$5,068,000 shall be available for future water supplies fa-
cilities under Public Law 106–163; of which $31,011,000
shall be available pursuant to Public Laws 99–264, 100–
580, 106–263, 106–425, and 106–554: Provided, That of
the amount provided for implementation of Public Law
106–263, $3,000,000 for a water rights and habitat acqui-
sition program shall be derived from the Land and Water
Conservation Fund.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans,
$5,000,000, as authorized by the Indian Financing Act
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of 1974, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Pro-
vided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $72,424,000.
In addition, for administrative expenses to carry out
the guaranteed and insured loan programs, $493,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts and grants, either di-
rectly or in cooperation with States and other organiza-
tions.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian
Affairs may contract for services in support of the man-
agement, operation, and maintenance of the Power Divi-
sion of the San Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guar-
antee and insurance fund, and the Indian Guaranteed
Loan Program account) shall be available for expenses of
exhibits, and purchase of not to exceed 229 passenger
motor vehicles, of which not to exceed 187 shall be for
replacement only.
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Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations, pooled overhead general administration (except
facilities operations and maintenance), or provided to im-
plement the recommendations of the National Academy of
Public Administration’s August 1999 report shall be avail-
able for tribal contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the
Tribal Self-Governance Act of 1994 (Public Law 103–
413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government’s trust responsibility to that
tribe, or the government-to-government relationship be-
tween the United States and that tribe, or that tribe’s abil-
ity to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C.
452 et seq., shall be available to support the operation of
any elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other
Act for schools funded by the Bureau shall be available
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only to the schools in the Bureau school system as of Sep-
tember 1, 1996. No funds available to the Bureau shall
be used to support expanded grades for any school or dor-
mitory beyond the grade structure in place or approved
by the Secretary of the Interior at each school in the Bu-
reau school system as of October 1, 1995. Funds made
available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term
is defined in section 1146 of the Education Amendments
of 1978 (25 U.S.C. 2026)), except that a charter school
that is in existence on the date of the enactment of this
Act and that has operated at a Bureau-funded school be-
fore September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bu-
reau a pro rata share of funds to reimburse the Bureau
for the use of the real and personal property (including
buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school pro-
grams of the State in which the school is located if the
charter school loses such funding. Employees of Bureau-
funded schools sharing a campus with a charter school and
performing functions related to the charter school’s oper-
ation and employees of a charter school shall not be treat-
ed as Federal employees for purposes of chapter 171 of
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title 28, United States Code (commonly known as the
‘‘Federal Tort Claims Act’’).
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$73,217,000, of which: (1) $67,922,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, coral reef initiative activities, and brown tree
snake control and research; grants to the judiciary in
American Samoa for compensation and expenses, as au-
thorized by law (48 U.S.C. 1661(c)); grants to the Govern-
ment of American Samoa, in addition to current local rev-
enues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of
the Northern Mariana Islands as authorized by law (Pub-
lic Law 94–241; 90 Stat. 272); and (2) $5,295,000 shall
be available for salaries and expenses of the Office of Insu-
lar Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for, in-
cluding such transactions of all agencies or instrumental-
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ities established or used by such governments, may be au-
dited by the General Accounting Office, at its discretion,
in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representa-
tives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104–
134: Provided further, That of the amounts provided for
Northern Mariana Islands Covenant grant funding,
$1,000,000 shall be granted to the Prior Service Benefits
Administration: Provided further, That of the amounts
provided for technical assistance, sufficient funding shall
be made available for a grant to the Close Up Foundation:
Provided further, That the funds for the program of oper-
ations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance im-
provement of capital infrastructure, with territorial par-
ticipation and cost sharing to be determined by the Sec-
retary based on the grantee’s commitment to timely main-
tenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading
in this Act or previous appropriations Acts may be used
as non-Federal matching funds for the purpose of hazard
mitigation grants provided pursuant to section 404 of the
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Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for
the Federated States of Micronesia and the Republic of
the Marshall Islands as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association,
and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association,
$21,045,000, to remain available until expended, as au-
thorized by Public Law 99–239 and Public Law 99–658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the De-
partment of the Interior, $72,533,000, of which not to ex-
ceed $8,500 may be for official reception and representa-
tion expenses, and of which up to $1,000,000 shall be
available for workers compensation payments and unem-
ployment compensation payments associated with the or-
derly closure of the United States Bureau of Mines.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$47,473,000.
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OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $36,239,000, of which $3,812,000 shall be for
procurement by contract of independent auditing services
to audit the consolidated Department of the Interior an-
nual financial statement and the annual financial state-
ment of the Department of the Interior bureaus and of-
fices funded in this Act.
NATIONAL INDIAN GAMING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gam-
ing Commission, pursuant to Public Law 100–497,
$2,000,000, to remain available until expended.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts,
and grants, $141,277,000, to remain available until ex-
pended, including not to exceed $15,000,000 to perform
a historical accounting of each Individual Indian Money
Account open on December 31, 2000, covering the period
from the date on which the account was opened or Janu-
ary 1, 1985, whichever is later, to December 31, 2000:
Provided, That hereafter no funds provided under this or
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any other Act shall be available to conduct a historical
accounting of Individual Indian Money Accounts other
than an accounting for the period specified in this Act of
accounts open on December 31, 2000, unless such ac-
counting is specifically provided for in a subsequent Act
of Congress: Provided further, That funds for trust man-
agement improvements may be transferred, as needed, to
the Bureau of Indian Affairs ‘‘Operation of Indian Pro-
grams’’ account and to the Departmental Management
‘‘Salaries and Expenses’’ account: Provided further, That
funds made available to Tribes and Tribal organizations
through contracts or grants obligated during fiscal year
2003, as authorized by the Indian Self-Determination Act
of 1975 (25 U.S.C. 450 et seq.), shall remain available
until expended by the contractor or grantee: Provided fur-
ther, That notwithstanding any other provision of law, the
statute of limitations shall not commence to run on any
claim, including any claim in litigation pending on the date
of the enactment of this Act, concerning losses to or mis-
management of trust funds, until the affected tribe or in-
dividual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That not-
withstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of
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performance for any Indian trust account that has not had
activity for at least 18 months and has a balance of $1.00
or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any
such accounts and shall permit the balance in each such
account to be withdrawn upon the express written request
of the account holder: Provided further, That not to exceed
$50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements
from or deposits to Individual Indian Money or Tribal ac-
counts after September 30, 2002: Provided further, That
erroneous payments that are recovered shall be credited
to this account.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian
lands and expenses associated with redetermining and re-
distributing escheated interests in allotted lands, and for
necessary expenses to carry out the Indian Land Consoli-
dation Act of 1983, as amended, by direct expenditure or
cooperative agreement, $7,980,000, to remain available
until expended and which may be transferred to the Bu-
reau of Indian Affairs and Departmental Management.
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NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability
Act, as amended (42 U.S.C. 9601 et seq.), Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (Public Law 101–380)
(33 U.S.C. 2701 et seq.), and Public Law 101–337, as
amended (16 U.S.C. 19jj et seq.), $5,538,000, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated
funds in the ‘‘Departmental Management’’, ‘‘Office of the
Solicitor’’, and ‘‘Office of Inspector General’’ may be aug-
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mented through the Working Capital Fund or the Consoli-
dated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE
INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be re-
plenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of wildland fires on or threatening lands
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under the jurisdiction of the Department of the Interior;
for the emergency rehabilitation of burned-over lands
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subse-
quent to actual oil spills; for response and natural resource
damage assessment activities related to actual oil spills;
for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on
lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99–198
(99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with
their use for wildland fire operations, such reimbursement
to be credited to appropriations currently available at the
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time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under
this authority until the Secretary determines that funds
appropriated for ‘‘wildland fire operations’’ shall be ex-
hausted within 30 days: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ‘‘emergency requirements’’ pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, and must be replen-
ished by a supplemental appropriation which must be re-
quested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds
were transferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any
other activity in the same manner as authorized by sec-
tions 1535 and 1536 of title 31, United States Code: Pro-
vided, That reimbursements for costs and supplies, mate-
rials, equipment, and for services rendered may be cred-
ited to the appropriation current at the time such reim-
bursements are received.
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SEC. 104. Appropriations made to the Department
of the Interior in this title shall be available for services
as authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members.
SEC. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall be
available for uniforms or allowances therefor, as author-
ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).
SEC. 106. Annual appropriations made in this title
shall be available for obligation in connection with con-
tracts issued for services or rentals for periods not in ex-
cess of 12 months beginning at any time during the fiscal
year.
SEC. 107. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore preleasing, leasing and related activities placed
under restriction in the President’s moratorium statement
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of June 12, 1998, in the areas of northern, central, and
southern California; the North Atlantic; Washington and
Oregon; and the eastern Gulf of Mexico south of 26 de-
grees north latitude and east of 86 degrees west longitude.
SEC. 108. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore oil and natural gas preleasing, leasing, and re-
lated activities, on lands within the North Aleutian Basin
planning area.
SEC. 109. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct off-
shore oil and natural gas preleasing, leasing and related
activities in the eastern Gulf of Mexico planning area for
any lands located outside Sale 181, as identified in the
final Outer Continental Shelf 5-Year Oil and Gas Leasing
Program, 1997–2002.
SEC. 110. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct oil
and natural gas preleasing, leasing and related activities
in the Mid-Atlantic and South Atlantic planning areas.
SEC. 111. Advance payments made under this title
to Indian tribes, tribal organizations, and tribal consortia
pursuant to the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) or the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)
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may be invested by the Indian tribe, tribal organization,
or consortium before such funds are expended for the pur-
poses of the grant, compact, or annual funding agreement
so long as such funds are—
(1) invested by the Indian tribe, tribal organiza-
tion, or consortium only in obligations of the United
States, or in obligations or securities that are guar-
anteed or insured by the United States, or mutual
(or other) funds registered with the Securities and
Exchange Commission and which only invest in obli-
gations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are in-
sured by an agency or instrumentality of the United
States, or are fully collateralized to ensure protec-
tion of the funds, even in the event of a bank failure.
SEC. 112. Notwithstanding any other provisions of
law, the National Park Service shall not develop or imple-
ment a reduced entrance fee program to accommodate
non-local travel through a unit. The Secretary may provide
for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to
develop guidelines and permits for such activity appro-
priate to that unit.
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SEC. 113. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special
Trustee for American Indians and any available unobli-
gated balances from prior appropriations Acts made under
the same headings, shall be available for expenditure or
transfer for Indian trust management and reform activi-
ties.
SEC. 114. Notwithstanding any other provision of
law, the Secretary of the Interior hereafter has ongoing
authority to negotiate and enter into agreements and
leases, without regard to section 321 of chapter 314 of
the Act of June 30, 1932 (40 U.S.C. 303b), with any per-
son, firm, association, organization, corporation, or gov-
ernmental entity, for all or part of the property within
Fort Baker administered by the Secretary as part of the
Golden Gate National Recreation Area. The proceeds of
the agreements or leases shall be retained by the Secretary
and such proceeds shall remain available until expended,
without further appropriation, for the preservation, res-
toration, operation, maintenance, interpretation, public
programs, and related expenses of the National Park Serv-
ice and nonprofit park partners incurred with respect to
Fort Baker properties.
SEC. 115. Notwithstanding any other provision of
law, for the purpose of reducing the backlog of Indian pro-
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bate cases in the Department of the Interior, the hearing
requirements of chapter 10 of title 25, United States
Code, are deemed satisfied by a proceeding conducted by
an Indian probate judge, appointed by the Secretary with-
out regard to the provisions of title 5, United States Code,
governing the appointments in the competitive service, for
such period of time as the Secretary determines necessary:
Provided, That the basic pay of an Indian probate judge
so appointed may be fixed by the Secretary without regard
to the provisions of chapter 51, and subchapter III of
chapter 53 of title 5, United States Code, governing the
classification and pay of General Schedule employees, ex-
cept that no such Indian probate judge may be paid at
a level which exceeds the maximum rate payable for the
highest grade of the General Schedule, including locality
pay.
SEC. 116. Notwithstanding any other provision of
law, the Secretary of the Interior is authorized to redis-
tribute any Tribal Priority Allocation funds, including
tribal base funds, to alleviate tribal funding inequities by
transferring funds to address identified, unmet needs,
dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduc-
tion in Tribal Priority Allocation funds of more than 10
percent in fiscal year 2003. Under circumstances of dual
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enrollment, overlapping service areas or inaccurate dis-
tribution methodologies, the 10 percent limitation does not
apply.
SEC. 117. Funds appropriated for the Bureau of In-
dian Affairs for postsecondary schools for fiscal year 2003
shall be allocated among the schools proportionate to the
unmet need of the schools as determined by the Postsec-
ondary Funding Formula adopted by the Office of Indian
Education Programs.
SEC. 118. (a) The Secretary of the Interior shall take
such action as may be necessary to ensure that the lands
comprising the Huron Cemetery in Kansas City, Kansas
(as described in section 123 of Public Law 106–291) are
used only in accordance with this section.
(b) The lands of the Huron Cemetery shall be used
only: (1) for religious and cultural uses that are compat-
ible with the use of the lands as a cemetery; and (2) as
a burial ground.
SEC. 119. Notwithstanding any other provision of
law, in conveying the Twin Cities Research Center under
the authority provided by Public Law 104–134, as amend-
ed by Public Law 104–208, the Secretary may accept and
retain land and other forms of reimbursement: Provided,
That the Secretary may retain and use any such reim-
bursement until expended and without further appropria-