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or other agreement, not subject to the conditions or require-
ments established for Clean Coal Technology projects under 
any prior law, for a cost-shared public-private partnership 
with a non-Federal entity representing the coal industry 
and coal-fueled utilities: Provided further, That the Sec-
retary shall ensure that the entity provides opportunities 
for participation by technology vendors, States, univer-
sities, and other stakeholders. 
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, including de-
feasible and equitable interests in any real property or any 
facility or for plant or facility acquisition or expansion, 
and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and 
disposal of mineral substances without objectionable social 
and environmental costs (30 U.S.C. 3, 1602, and 1603), 
$593,514,000, to remain available until expended, of which 
$4,000,000 is to continue a multi-year project for construc-
tion, renovation, furnishing, and demolition or removal of 
buildings at National Energy Technology Laboratory facili-
ties in Morgantown, West Virginia and Pittsburgh, Penn-
sylvania; of which not to exceed $536,000 may be utilized
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for travel and travel-related expenses incurred by the head-
quarters staff of the Office of Fossil Energy; and of which 
$130,000,000 are to be made available, after coordination 
with the private sector, for a request for proposals for a 
Clean Coal Power Initiative providing for competitively-
awarded research, development, and demonstration projects 
to reduce the barriers to continued and expanded coal use: 
Provided, That no project may be selected for which suffi-
cient funding is not available to provide for the total 
project: Provided further, That funds shall be expended in 
accordance with the provisions governing the use of funds 
contained under the heading ‘‘Clean Coal Technology’’ in 
42 U.S.C. 5903d: Provided further, That the Department 
may include provisions for repayment of Government con-
tributions to individual projects in an amount up to the 
Government contribution to the project on terms and condi-
tions that are acceptable to the Department including re-
payments from sale and licensing of technologies from both 
domestic and foreign transactions: Provided further, That 
such repayments shall be retained by the Department for 
future coal-related research, development and demonstra-
tion projects: Provided further, That any technology selected 
under this program shall be considered a Clean Coal Tech-
nology, and any project selected under this program shall 
be considered a Clean Coal Technology Project, for the pur-
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poses of 42 U.S.C. 7651n, and Chapters 51, 52, and 60 of 
title 40 of the Code of Federal Regulations: Provided fur-
ther, That no part of the sum herein made available shall 
be used for the field testing of nuclear explosives in the re-
covery of oil and gas: Provided further, That up to 4 percent 
of program direction funds available to the National En-
ergy Technology Laboratory may be used to support De-
partment of Energy activities not included in this account. 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For expenses necessary to carry out naval petroleum 
and oil shale reserve activities, $17,947,000, to remain 
available until expended: Provided, That, notwithstanding 
any other provision of law, unobligated funds remaining 
from prior years shall be available for all naval petroleum 
and oil shale reserve activities. 
ELK HILLS SCHOOL LANDS FUND 
For necessary expenses in fulfilling installment pay-
ments under the Settlement Agreement entered into by the 
United States and the State of California on October 11, 
1996, as authorized by section 3415 of Public Law 104–
106, $36,000,000, to become available on October 1, 2004 
for payment to the State of California for the State Teach-
ers’ Retirement Fund from the Elk Hills School Lands 
Fund.
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ENERGY CONSERVATION 
For necessary expenses in carrying out energy con-
servation activities, $861,645,000, to remain available until 
expended, of which $1,500,000 is for DES applications inte-
gration: Provided, That $274,000,000 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: $230,000,000 for weatherization assist-
ance grants and $44,000,000 for State energy program 
grants. 
ECONOMIC REGULATION 
For necessary expenses in carrying out the activities 
of the Office of Hearings and Appeals, $1,047,000, to re-
main available until expended. 
STRATEGIC PETROLEUM RESERVE 
For necessary expenses for Strategic Petroleum Reserve 
facility development and operations and program manage-
ment activities pursuant to the Energy Policy and Con-
servation Act of 1975, as amended (42 U.S.C. 6201 et seq.), 
$173,081,000, to remain available until expended: Pro-
vided, That the Department of Energy shall develop, with 
an opportunity for public comment, procedures to obtain 
oil for the Strategic Petroleum Reserve in a manner that
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maximizes the overall domestic supply of crude oil (includ-
ing amounts stored in private sector inventories) and mini-
mizes the costs to the Department of the Interior and the 
Department of Energy of acquiring such oil (including fore-
gone revenues to the Treasury when oil for the Reserve is 
obtained through the Royalty-in-Kind program), consistent 
with national security. Such procedures shall include proce-
dures and criteria for the review of requests for the deferrals 
of scheduled deliveries. No later than 120 days following 
the enactment of this Act the Department shall propose and 
no later than 180 days following the enactment of this Act 
the Department shall publish and follow such procedures 
when acquiring oil for the Reserve. 
NORTHEAST HOME HEATING OIL RESERVE 
For necessary expenses for Northeast Home Heating 
Oil Reserve storage, operations, and management activities 
pursuant to the Energy Policy and Conservation Act of 
2000, $5,000,000, to remain available until expended. 
ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities 
of the Energy Information Administration, $80,111,000, 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;
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hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to the 
General Services Administration for security guard serv-
ices. 
From appropriations under this Act, transfers of sums 
may be made to other agencies of the Government for the 
performance of work for which the appropriation is made. 
None of the funds made available to the Department 
of Energy under this Act shall be used to implement or fi-
nance authorized price support or loan guarantee programs 
unless specific provision is made for such programs in an 
appropriations Act. 
The Secretary is authorized to accept lands, buildings, 
equipment, and other contributions from public and private 
sources and to prosecute projects in cooperation with other 
agencies, Federal, State, private or foreign: Provided, That 
revenues and other moneys received by or for the account 
of the Department of Energy or otherwise generated by sale 
of products in connection with projects of the Department 
appropriated under this Act may be retained by the Sec-
retary of Energy, to be available until expended, and used 
only for plant construction, operation, costs, and payments 
to cost-sharing entities as provided in appropriate cost-
sharing contracts or agreements: Provided further, That the 
remainder of revenues after the making of such payments
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shall be covered into the Treasury as miscellaneous receipts: 
Provided further, That any contract, agreement, or provi-
sion thereof entered into by the Secretary pursuant to this 
authority shall not be executed prior to the expiration of 
30 calendar days (not including any day in which either 
House of Congress is not in session because of adjournment 
of more than 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 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 procure-
ment documents for programs or projects for which appro-
priations have not been made. 
In addition to other authorities set forth in this Act, 
the Secretary may accept fees and contributions from public 
and private sources, to be deposited in a contributed funds 
account, and prosecute projects using such fees and con-
tributions in cooperation with other Federal, State or pri-
vate agencies or concerns.
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DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For expenses necessary to carry out the Act of August 
5, 1954 (68 Stat. 674), the Indian Self-Determination Act, 
the Indian Health Care Improvement Act, and titles II and 
III of the Public Health Service Act with respect to the In-
dian Health Service, $2,546,524,000, together with pay-
ments received during the fiscal year pursuant to 42 U.S.C. 
238(b) for services furnished by the Indian Health Service: 
Provided, That funds made available to tribes and tribal 
organizations through contracts, grant agreements, or any 
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 
U.S.C. 450), shall be deemed to be obligated at the time 
of the grant or contract award and thereafter shall remain 
available to the tribe or tribal organization without fiscal 
year limitation: Provided further, That up to $18,000,000 
shall remain available until expended, for the Indian Cata-
strophic Health Emergency Fund: Provided further, That 
$472,022,000 for contract medical care shall remain avail-
able for obligation until September 30, 2005: Provided fur-
ther, That of the funds provided, up to $27,000,000 to re-
main available until expended, shall be used to carry out
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the loan repayment program under section 108 of the In-
dian Health Care Improvement Act: Provided further, That 
funds provided in this Act may be used for one-year con-
tracts 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 In-
dian Health Care Improvement Act shall remain available 
until expended for the purpose of achieving compliance with 
the applicable conditions and requirements of titles XVIII 
and XIX of the Social Security Act (exclusive of planning, 
design, or construction of new facilities): Provided further, 
That funding contained herein, and in any earlier appro-
priations Acts for scholarship programs under the Indian 
Health Care Improvement Act (25 U.S.C. 1613) shall re-
main available until expended: Provided further, That 
amounts received by tribes and tribal organizations under 
title IV of the Indian Health Care Improvement Act shall 
be reported and accounted for and available to the receiving 
tribes and tribal organizations until expended: Provided 
further, That, notwithstanding any other provision of law, 
of the amounts provided herein, not to exceed $268,974,000 
shall be for payments to tribes and tribal organizations for 
contract or grant support costs associated with contracts,
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grants, self-governance compacts or annual funding agree-
ments between the Indian Health Service and a tribe or 
tribal organization pursuant to the Indian Self-Determina-
tion Act of 1975, as amended, prior to or during fiscal year 
2004, of which not to exceed $2,500,000 may be used for 
contract support costs associated with new or expanded self-
determination contracts, grants, self-governance compacts 
or annual funding agreements: Provided further, That 
funds available for the Indian Health Care Improvement 
Fund may be used, as needed, to carry out activities typi-
cally funded under the Indian Health Facilities account: 
Provided further, That of the amounts provided to the In-
dian Health Service, $15,000,000 is provided for alcohol 
control, enforcement, prevention, treatment, sobriety and 
wellness, and education in Alaska to be distributed as direct 
lump sum payments as follows: (a) $2,000,000 to the State 
of Alaska for regional distribution to hire and equip addi-
tional Village Public Safety Officers to engage primarily 
in bootlegging prevention and enforcement activities; (b) 
$10,000,000 to the Alaska Native Tribal Health Consor-
tium, which shall be allocated for (1) substance abuse treat-
ment including residential treatment, (2) substance abuse 
and behavioral health counselors through the Counselor in 
Every Village program, and (3) comprehensive substance 
abuse training programs for counselors and others deliv-
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ering substance abuse services; (c) $1,000,000 to the State 
of Alaska for a school peer counseling and education pro-
gram; and (d) $2,000,000 for the Alaska Federation of Na-
tives sobriety and wellness program for competitive merit-
based grants: Provided further, That none of the funds may 
be used for tribal courts or tribal ordinance programs or 
any program that is not directly related to alcohol control, 
enforcement, prevention, treatment, or sobriety: Provided 
further, That no more than 10 percent may be used by any 
entity receiving funding for administrative overhead in-
cluding indirect costs: Provided further, That the State of 
Alaska, Alaska Native non-profit corporations, and the 
Alaska Native Tribal Health Consortium must each main-
tain its existing level of effort and must use these funds 
to enhance or expand existing efforts or initiate new 
projects or programs and may not use such funds to sup-
plant existing programs. 
INDIAN HEALTH FACILITIES 
For construction, repair, maintenance, improvement, 
and equipment of health and related auxiliary facilities, in-
cluding quarters for personnel; preparation of plans, speci-
fications, and drawings; acquisition of sites, purchase and 
erection of modular buildings, and purchases of trailers; 
and for provision of domestic and community sanitation 
facilities for Indians, as authorized by section 7 of the Act
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of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter-
mination Act, and the Indian Health Care Improvement 
Act, and for expenses necessary to carry out such Acts and 
titles II and III of the Public Health Service Act with re-
spect to environmental health and facilities support activi-
ties of the Indian Health Service, $391,188,000, to remain 
available until expended: Provided, That notwithstanding 
any other provision of law, funds appropriated for the plan-
ning, design, construction or renovation of health facilities 
for the benefit of an Indian tribe or tribes may be used 
to purchase land for sites to construct, improve, or enlarge 
health or related facilities: Provided further, That from the 
funds appropriated herein, $5,043,000 shall be designated 
by the Indian Health Service as a contribution to the 
Yukon-Kuskokwim Health Corporation (YKHC) to com-
plete a priority project for the acquisition of land, plan-
ning, design and construction of 79 staff quarters in the 
Bethel service area, pursuant to the negotiated project 
agreement between the YKHC and the Indian Health Serv-
ice: Provided further, That this project shall not be subject 
to the construction provisions of the Indian Self-Determina-
tion and Education Assistance Act and shall be removed 
from the Indian Health Service priority list upon comple-
tion: Provided further, That the Federal Government shall 
not be liable for any property damages or other construction
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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 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 facili-
ties: Provided further, That none of the funds appropriated 
to the Indian Health Service may be used for sanitation 
facilities construction for new homes funded with grants by 
the housing programs of the United States Department of 
Housing and Urban Development: Provided further, That 
not to exceed $1,000,000 from this account and the ‘‘Indian 
Health Services’’ account shall be used by the Indian Health 
Service to obtain ambulances for the Indian Health Service 
and tribal facilities in conjunction with an existing inter-
agency agreement between the Indian Health Service and 
the General Services Administration: Provided further, 
That not to exceed $500,000 shall be placed in a Demolition 
Fund and remain available until expended, to be used by 
the Indian Health Service for demolition of Federal build-
ings. 
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.
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3109 but at rates not to exceed the per diem rate equivalent 
to the maximum rate payable for senior-level positions 
under 5 U.S.C. 5376; hire of passenger motor vehicles and 
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular build-
ings and renovation of existing facilities; payments for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and 
for uniforms or allowances therefor as authorized by 5 
U.S.C. 5901–5902; and for expenses of attendance at meet-
ings which are concerned with the functions or activities 
for which the appropriation is made or which will con-
tribute 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 ex-
tended health care at all tribally administered or Indian 
Health Service facilities, subject to charges, and the pro-
ceeds along with funds recovered under the Federal Medical 
Care Recovery Act (42 U.S.C. 2651–2653) shall be credited 
to the account of the facility providing the service and shall 
be available without fiscal year limitation. Notwith-
standing any other law or regulation, funds transferred 
from the Department of Housing and Urban Development 
to the Indian Health Service shall be administered under
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Public Law 86–121 (the Indian Sanitation Facilities Act) 
and Public Law 93–638, as amended. 
Funds appropriated to the Indian Health Service in 
this Act, except those used for administrative and program 
direction purposes, shall not be subject to limitations di-
rected at curtailing Federal travel and transportation. 
None of the funds made available to the Indian Health 
Service in this Act shall be used for any Department of 
Health and Human Services-wide consolidation, restruc-
turing, or realignment of functions or for any assessments 
or charges associated with any such consolidation, restruc-
turing or realignment, except for purposes for which funds 
are specifically provided in this Act. 
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 author-
ized by title I or title III of the Indian Self-Determination 
and Education Assistance Act of 1975 (25 U.S.C. 450), may 
be deobligated and reobligated to a self-determination con-
tract under title I, or a self-governance agreement under 
title III of such Act and thereafter shall remain available 
to the tribe or tribal organization without fiscal year limi-
tation. 
None of the funds made available to the Indian Health 
Service in this Act shall be used to implement the final rule
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published in the Federal Register on September 16, 1987, 
by the Department of Health and Human Services, relating 
to the eligibility for the health care services of the Indian 
Health Service until the Indian Health Service has sub-
mitted a budget request reflecting the increased costs associ-
ated with the proposed final rule, and such request has been 
included in an appropriations Act and enacted into law. 
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 received 
from those entities pursuant to the Indian Self-Determina-
tion Act, may be credited to the same or subsequent appro-
priation account which provided the funding. Such 
amounts shall remain available until expended. 
Reimbursements for training, technical assistance, or 
services provided by the Indian Health Service will contain 
total costs, including direct, administrative, and overhead 
associated with the provision of goods, services, or technical 
assistance. 
The appropriation structure for the Indian Health 
Service may not be altered without the advance approval 
of the House and Senate Committees on Appropriations.
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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, $13,532,000, to remain available until expended: Pro-
vided, That funds provided in this or any other appropria-
tions Act are to be used to relocate eligible individuals and 
groups including evictees from District 6, Hopi-partitioned 
lands residents, those in significantly substandard housing, 
and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the 
funds contained in this or any other Act may be used by 
the Office of Navajo and Hopi Indian Relocation to evict 
any single Navajo or Navajo family who, as of November 
30, 1985, was physically domiciled on the lands partitioned 
to the Hopi Tribe unless a new or replacement home is pro-
vided for such household: Provided further, That no 
relocatee will be provided with more than one new or re-
placement home: Provided further, That the Office shall re-
locate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation 
or selected a replacement residence off the Navajo reserva-
tion or on the land acquired pursuant to 25 U.S.C. 640d–
10.
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INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE 
CULTURE AND ARTS DEVELOPMENT 
PAYMENT TO THE INSTITUTE 
For payment to the Institute of American Indian and 
Alaska Native Culture and Arts Development, as authorized 
by title XV of Public Law 99–498, as amended (20 U.S.C. 
56 part A), $6,250,000, of which $1,000,000 shall remain 
available until expended to assist with the Institute’s efforts 
to develop a Continuing Education Lifelong Learning Cen-
ter. 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institution, 
as authorized by law, including research in the fields of art, 
science, and history; development, preservation, and docu-
mentation of the National Collections; presentation of pub-
lic exhibits and performances; collection, preparation, dis-
semination, and exchange of information and publications; 
conduct of education, training, and museum assistance pro-
grams; maintenance, alteration, operation, lease (for terms 
not to exceed 30 years), and protection of buildings, facili-
ties, and approaches; not to exceed $100,000 for services as 
authorized by 5 U.S.C. 3109; up to five replacement pas-
senger vehicles; purchase, rental, repair, and cleaning of 
uniforms for employees, $487,989,000, of which not to ex-
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ceed $46,903,000 for the instrumentation program, collec-
tions acquisition, exhibition reinstallation, the National 
Museum of the American Indian, and the repatriation of 
skeletal remains program shall remain available until ex-
pended; and of which $828,000 for fellowships and scholarly 
awards shall remain available until September 30, 2005; 
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 In-
stitution may expend Federal appropriations 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 sup-
ported activities are housed in the 900 H Street, N.W. 
building in the District of Columbia: Provided further, That 
this use of Federal appropriations shall not be construed 
as debt service, a Federal guarantee of, a transfer of risk 
to, or an obligation of, the Federal Government: Provided 
further, That no appropriated funds may be used to service 
debt which is incurred to finance the costs of acquiring the
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900 H Street building or of planning, designing, and con-
structing improvements to such building. 
FACILITIES CAPITAL 
For necessary expenses of maintenance, repair, revital-
ization, 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), and for construction, including necessary per-
sonnel, $89,970,000, to remain available until expended, of 
which not to exceed $10,000 is for services as authorized 
by 5 U.S.C. 3109: Provided, That contracts awarded for 
environmental systems, protection systems, and repair or 
restoration of facilities of the Smithsonian Institution may 
be negotiated with selected contractors and awarded on the 
basis of contractor qualifications as well as price: Provided 
further, That balances from amounts previously appro-
priated under the headings ‘‘Repair, Restoration and Alter-
ation of Facilities’’ and ‘‘Construction’’ shall be transferred 
to and merged with this appropriation and shall remain 
available until expended. 
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION 
None of the funds in this or any other Act may be 
used to make any changes to the existing Smithsonian 
science programs including closure of facilities, relocation 
of staff or redirection of functions and programs without
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approval from 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 ac-
cordance with the procedures contained in House Report 
No. 105–163. 
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gallery 
of Art, the protection and care of the works of art therein, 
and 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 Resolu-
tion 9, Seventy-sixth Congress), including services as au-
thorized by 5 U.S.C. 3109; payment in advance when au-
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thorized 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; pur-
chase, repair, and cleaning of uniforms for guards, and uni-
forms, or allowances therefor, for other employees as author-
ized by law (5 U.S.C. 5901–5902); purchase or rental of 
devices and services for protecting buildings and contents 
thereof, and maintenance, alteration, improvement, and re-
pair 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 ad-
vertising, with individuals, firms, or organizations at such 
rates or prices and under such terms and conditions as the 
Gallery may deem proper, $85,650,000, of which not to ex-
ceed $3,026,000 for the special exhibition program shall re-
main available until expended. 
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of repair, restoration and ren-
ovation of buildings, grounds and facilities owned or occu-
pied by the National Gallery of Art, by contract or other-
wise, as authorized, $11,600,000, to remain available until 
expended: Provided, That contracts awarded for environ-
mental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may
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be negotiated with selected contractors and awarded on the 
basis of contractor qualifications as well as price. 
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS 
OPERATIONS AND MAINTENANCE 
For necessary expenses for the operation, maintenance 
and security of the John F. Kennedy Center for the Per-
forming Arts, $16,560,000. 
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, 
$16,000,000, 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, $8,604,000. 
NATIONAL FOUNDATION ON THE ARTS AND THE 
HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
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amended, $117,480,000, shall be available to the National 
Endowment for the Arts for the support of projects and pro-
ductions in the arts through assistance to organizations and 
individuals pursuant to sections 5(c) and 5(g) of the Act, 
including $17,000,000 for support of arts education and 
public outreach activities through the Challenge America 
program, for program support, and for administering the 
functions of the Act, to remain available until expended: 
Provided, That funds previously appropriated to the Na-
tional Endowment for the Arts ‘‘Matching Grants’’ account 
and ‘‘Challenge America’’ account may be transferred to 
and merged with this account. 
NATIONAL ENDOWMENT FOR THE HUMANITIES 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as 
amended, $125,878,000, shall be available to the National 
Endowment for the Humanities for support of activities in 
the humanities, pursuant to section 7(c) of the Act, and for 
administering the functions of the Act, to remain available 
until expended. 
MATCHING GRANTS 
To carry out the provisions of section 10(a)(2) of the 
National Foundation on the Arts and the Humanities Act 
of 1965, as amended, $16,122,000, to remain available until
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expended, of which $10,436,000 shall be available to the Na-
tional Endowment for the Humanities for the purposes of 
section 7(h): Provided, That this appropriation shall be 
available for obligation only in such amounts as may be 
equal to the total amounts of gifts, bequests, and devises of 
money, and other property accepted by the chairman or by 
grantees of the Endowment under the provisions of sub-
sections 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. 
ADMINISTRATIVE PROVISIONS 
None of the funds appropriated to the National Foun-
dation on the Arts and the Humanities may be used to 
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided, That none of 
the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception 
and representation expenses: Provided further, That funds 
from nonappropriated sources may be used as necessary for 
official reception and representation expenses: Provided fur-
ther, That the Chairperson of the National Endowment for 
the Arts may approve grants up to $10,000, if in the aggre-
gate this amount does not exceed 5 percent of the sums ap-
propriated for grant-making purposes per year: Provided 
further, That such small grant actions are taken pursuant
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to the terms of an expressed and direct delegation of author-
ity from the National Council on the Arts to the Chair-
person. 
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), $1,422,000: 
Provided, That the Commission is authorized to charge fees 
to cover the full costs of its publications, and such fees shall 
be credited to this account as an offsetting collection, to re-
main available until expended without further appropria-
tion. 
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 
99–190 (20 U.S.C. 956(a)), as amended, $6,000,000. 
ADVISORY COUNCIL ON HISTORIC PRESERVATION 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Council on His-
toric Preservation (Public Law 89–665, as amended), 
$4,000,000: Provided, That none of these funds shall be 
available for compensation of level V of the Executive Sched-
ule or higher positions.
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NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by the National 
Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ-
ing services as authorized by 5 U.S.C. 3109, $8,030,000: 
Provided, That for fiscal year 2004 and thereafter, all ap-
pointed 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 Sched-
ule for each day such member is engaged in the actual per-
formance of duties. 
UNITED STATES HOLOCAUST MEMORIAL MUSEUM 
HOLOCAUST MEMORIAL MUSEUM 
For expenses of the Holocaust Memorial Museum, as 
authorized by Public Law 106–292 (36 U.S.C. 2301–2310), 
$39,997,000, of which $1,900,000 for the museum’s repair 
and rehabilitation program and $1,264,000 for the muse-
um’s exhibitions program shall remain available until ex-
pended. 
PRESIDIO TRUST 
PRESIDIO TRUST FUND 
For necessary expenses to carry out title I of the Omni-
bus Parks and Public Lands Management Act of 1996, 
$20,700,000 shall be available to the Presidio Trust, to re-
main available until expended.
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TITLE III—GENERAL PROVISIONS 
SEC. 301. The expenditure of any appropriation under 
this Act for any consulting service through procurement 
contract, pursuant to 5 U.S.C. 3109, shall be limited to 
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where 
otherwise provided under existing law, or under existing 
Executive Order issued pursuant to existing law. 
SEC. 302. No part of any appropriation contained in 
this Act shall be available for any activity or the publica-
tion or distribution of literature that in any way tends to 
promote public support or opposition to any legislative pro-
posal 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 serv-
ants to any officer or employee of such department or agen-
cy 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 notice of such assessments and the basis
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therefor are presented to the Committees on Appropriations 
and are approved by such committees. 
SEC. 306. None of the funds in this Act may be used 
to plan, prepare, or offer for sale timber from trees classified 
as giant sequoia (Sequoiadendron giganteum) which are lo-
cated on National Forest System or Bureau of Land Man-
agement lands in a manner different than such sales were 
conducted in fiscal year 2003. 
SEC. 307. (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 proc-
ess 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.
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(c) REPORT.—On September 30, 2004, the Secretary 
of the Interior shall file with the House and Senate Com-
mittees on Appropriations and the Committee on Resources 
of the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a report on ac-
tions taken by the Department under the plan submitted 
pursuant to section 314(c) of the Department of the Interior 
and Related Agencies Appropriations Act, 1997 (Public 
Law 104–208). 
(d) MINERAL EXAMINATIONS.—In order to process 
patent applications in a timely and responsible manner, 
upon the request of a patent applicant, the Secretary of the 
Interior shall allow the applicant to fund a qualified third-
party contractor to be selected by the Bureau of Land Man-
agement to conduct a mineral examination of the mining 
claims or mill sites contained in a patent application as 
set forth in subsection (b). The Bureau of Land Manage-
ment 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. 308. Notwithstanding any other provision of law, 
amounts appropriated to or earmarked in committee re-
ports for the Bureau of Indian Affairs and the Indian 
Health Service by Public Laws 103–138, 103–332, 104–
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134, 104–208, 105–83, 105–277, 106–113, 106–291, and 
107–63, for payments to tribes and tribal organizations for 
contract support costs associated with self-determination or 
self-governance contracts, grants, compacts, or annual fund-
ing 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 2003 for 
such purposes, except that, for the Bureau of Indian Affairs, 
tribes and tribal organizations may use their tribal priority 
allocations for unmet indirect costs of ongoing contracts, 
grants, self-governance compacts or annual funding agree-
ments. 
SEC. 309. 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 indi-
vidual for a literature fellowship, National Heritage 
Fellowship, or American Jazz Masters Fellowship. 
(2) The Chairperson shall establish procedures to 
ensure that no funding provided through a grant, ex-
cept a grant made to a State or local arts agency, or 
regional group, may be used to make a grant to any 
other organization or individual to conduct activity 
independent of the direct grant recipient. Nothing in
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this subsection shall prohibit payments made in ex-
change 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. 310. The National Endowment for the Arts and 
the National Endowment for the Humanities are authorized 
to solicit, accept, receive, and invest in the name of the 
United States, gifts, bequests, or devises of money and other 
property or services and to use such in furtherance of the 
functions of the National Endowment for the Arts and the 
National Endowment for the Humanities. Any proceeds 
from such gifts, bequests, or devises, after acceptance by the 
National Endowment for the Arts or the National Endow-
ment for the Humanities, shall be paid by the donor or the 
representative of the donor to the Chairman. The Chairman 
shall enter the proceeds in a special interest-bearing account 
to the credit of the appropriate endowment for the purposes 
specified in each case. 
SEC. 311. (a) In providing services or awarding finan-
cial assistance under the National Foundation on the Arts 
and the Humanities Act of 1965 from funds appropriated 
under this Act, the Chairperson of the National Endowment 
for the Arts shall ensure that priority is given to providing
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services or awarding financial assistance for projects, pro-
ductions, 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 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 services 
or awarding financial assistance for projects, productions, 
workshops, or programs that will encourage public knowl-
edge, education, understanding, and appreciation of the 
arts.
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(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; 
(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 Congress 
annually and by State, on grants awarded by the 
Chairperson in each grant category under section 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. 312. No part of any appropriation contained in 
this Act shall be expended or obligated to complete and issue 
the 5-year program under the Forest and Rangeland Re-
newable Resources Planning Act. 
SEC. 313. 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
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funding is approved by the House and Senate Committees 
on Appropriations. 
SEC. 314. Notwithstanding any other provision of law, 
none of the funds in this Act may be used for GSA Tele-
communication Centers. 
SEC. 315. Notwithstanding any other provision of law, 
for fiscal year 2004 the Secretaries of Agriculture and the 
Interior are authorized to limit competition for watershed 
restoration project contracts as part of the ‘‘Jobs in the 
Woods’’ Program established in Region 10 of the Forest 
Service to individuals and entities in historically timber-
dependent areas in the States of Washington, Oregon, north-
ern California, Idaho, Montana, and Alaska that have been 
affected by reduced timber harvesting on Federal lands. The 
Secretaries shall consider the benefits to the local economy 
in evaluating bids and designing procurements which create 
economic opportunities for local contractors. 
SEC. 316. Amounts deposited during fiscal year 2003 
in the roads and trails fund provided for in the 14th para-
graph 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 regard to the 
State in which the amounts were derived, to repair or re-
construct roads, bridges, and trails on National Forest Sys-
tem lands or to carry out and administer projects to im-
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prove 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 enhancing 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 environ-
mental law. 
SEC. 317. 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 callers 
to reach promptly an individual on-duty with the agency 
being contacted. 
SEC. 318. No timber sale in Region 10 shall be adver-
tised if the indicated rate is deficit when appraised using 
a residual value approach that assigns domestic Alaska val-
ues for western redcedar. Program accomplishments shall 
be based on volume sold. Should Region 10 sell, in fiscal 
year 2003, the annual average portion of the decadal allow-
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redcedar is eligible for sale to various markets shall be made 
at the time each sale is awarded). Western redcedar shall 
be deemed ‘‘surplus to the needs of domestic processors in 
Alaska’’ when the timber sale holder has presented to the 
Forest Service documentation of the inability to sell western 
redcedar logs from a given sale to domestic Alaska proc-
essors at a price equal to or greater than the log selling 
value stated in the contract. All additional western redcedar 
volume not sold to Alaska or contiguous 48 United States 
domestic processors may be exported to foreign markets at 
the election 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. 319. 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 Fed-
eral lands. Prior to initiating any project, the Sec-
retary shall consult with potentially affected holders 
to determine what impacts the project may have on 
the holders. Any modifications to the authorization
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shall be made within the terms and conditions of the 
authorization and authorities of the impacted agency; 
(2) the return of a commercial recreation service 
to the Secretary for operation when such services have 
been provided in the past by a private sector pro-
vider, 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 Dem-
onstration Program to provide for operations until a subse-
quent operator can be found through the offering of a new 
prospectus. 
SEC. 320. Prior to October 1, 2004, the Secretary of 
Agriculture shall not be considered to be in violation of sub-
paragraph 6(f)(5)(A) of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 
1604(f)(5)(A)) solely because more than 15 years have 
passed without revision of the plan for a unit of the Na-
tional Forest System. Nothing in this section exempts the 
Secretary from any other requirement of the Forest and
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Rangeland Renewable Resources Planning Act (16 U.S.C. 
1600 et seq.) or any other law: Provided, That if the Sec-
retary is not acting expeditiously and in good faith, within 
the funding available, to revise a plan for a unit of the 
National Forest System, this section shall be void with re-
spect to such plan and a court of proper jurisdiction may 
order completion of the plan on an accelerated basis. 
SEC. 321. No funds provided in this Act may be ex-
pended to conduct preleasing, leasing and related activities 
under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) 
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.) within the boundaries of a National Monument es-
tablished pursuant to the Act of June 8, 1906 (16 U.S.C. 
431 et seq.) as such boundary existed on January 20, 2001, 
except where such activities are allowed under the Presi-
dential proclamation establishing such monument. 
SEC. 322. Employees of the foundations established by 
Acts of Congress to solicit private sector funds on behalf 
of Federal land management agencies shall, in fiscal year 
2005, qualify for General Service Administration contract 
airfares. 
SEC. 323. In entering into agreements with foreign 
countries pursuant to the Wildfire Suppression Assistance 
Act (42 U.S.C. 1856m) the Secretary of Agriculture and 
the Secretary of the Interior are authorized to enter into
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reciprocal agreements in which the individuals furnished 
under said agreements to provide wildfire services are con-
sidered, for purposes of tort liability, employees of the coun-
try receiving said services when the individuals are engaged 
in fire suppression: Provided, That the Secretary of Agri-
culture or the Secretary of the Interior shall not enter into 
any agreement under this provision unless the foreign coun-
try (either directly or through its fire organization) agrees 
to assume any and all liability for the acts or omissions 
of American firefighters engaged in firefighting in a foreign 
country: Provided further, That when an agreement is 
reached for furnishing fire fighting services, the only rem-
edies for acts or omissions committed while fighting fires 
shall be those provided under the laws of the host country, 
and those remedies shall be the exclusive remedies for any 
claim arising out of fighting fires in a foreign country: Pro-
vided further, That neither the sending country nor any 
legal organization associated with the firefighter shall be 
subject to any legal action whatsoever pertaining to or aris-
ing out of the firefighter’s role in fire suppression. 
SEC. 324. A grazing permit or lease issued by the Sec-
retary of the Interior or a grazing permit issued by the Sec-
retary of Agriculture where National Forest System lands 
are involved that expires, is transferred, or waived during 
fiscal years 2004–2008 shall be renewed under section 402
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of the Federal Land Policy and Management Act of 1976, 
as amended (43 U.S.C. 1752), section 19 of the Granger-
Thye Act, as amended (16 U.S.C. 5801), title III of the 
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.), 
or, if applicable, section 510 of the California Desert Protec-
tion Act (16 U.S.C. 410aaa–50). The terms and conditions 
contained in the expired, transferred, or waived permit or 
lease shall continue in effect under the renewed permit or 
lease until such time as the Secretary of the Interior or Sec-
retary of Agriculture as appropriate completes processing 
of such permit or lease in compliance with all applicable 
laws and regulations, at which time such permit or lease 
may be canceled, suspended or modified, in whole or in 
part, to meet the requirements of such applicable laws and 
regulations. Nothing in this section shall be deemed to alter 
the statutory authority of the Secretary of the Interior or 
the Secretary of Agriculture: Provided, That where National 
Forest System lands are involved and the Secretary of Agri-
culture has renewed an expired or waived grazing permit 
prior to or during fiscal year 2004, the terms and condi-
tions of the renewed grazing permit shall remain in effect 
until such time as the Secretary of Agriculture completes 
processing of the renewed permit in compliance with all ap-
plicable laws and regulations or until the expiration of the 
renewed permit, whichever comes first. Upon completion of
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the processing, the permit may be canceled, suspended or 
modified, in whole or in part, to meet the requirements of 
applicable laws and regulations: Provided further, That be-
ginning in November 2004, and every year thereafter, the 
Secretaries of the Interior and Agriculture shall report to 
Congress the extent to which they are completing analysis 
required under applicable laws prior to the expiration of 
grazing permits, and beginning in May 2004, and two 
years thereafter, the Secretaries shall provide Congress rec-
ommendations for legislative provisions necessary to ensure 
all permit renewals are completed in a timely manner. The 
legislative recommendations provided shall be consistent 
with the funding levels requested in the Secretaries’ budget 
proposals: Provided further, That notwithstanding section 
504 of the Rescissions Act (109 Stat. 212), the Secretaries 
in their sole discretion determine the priority and timing 
for completing required environmental analysis of grazing 
allotments based on the environmental significance of the 
allotments and funding available to the Secretaries for this 
purpose. 
SEC. 325. Notwithstanding any other provision of law 
or regulation, to promote the more efficient use of the health 
care funding allocation for fiscal year 2004, the Eagle Butte 
Service Unit of the Indian Health Service, at the request 
of the Cheyenne River Sioux Tribe, may pay base salary
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rates to health professionals up to the highest grade and 
step available to a physician, pharmacist, or other health 
professional and may pay a recruitment or retention bonus 
of up to 25 percent above the base pay rate. 
SEC. 326. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government except pur-
suant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriations Act. 
SEC. 327. None of the funds made available in this 
Act may be used for the planning, design, or construction 
of improvements to Pennsylvania Avenue in front of the 
White House without the advance approval of the Commit-
tees on Appropriations. 
SEC. 328. In awarding a Federal Contract with funds 
made available by this Act, the Secretary of Agriculture and 
the Secretary of the Interior (the ‘‘Secretaries’’) may, in 
evaluating bids and proposals, give consideration to local 
contractors who are from, and who provide employment 
and training for, dislocated and displaced workers in an 
economically disadvantaged rural community, including 
those historically timber-dependent areas that have been af-
fected by reduced timber harvesting on Federal lands and 
other forest-dependent rural communities isolated from sig-
nificant alternative employment opportunities: Provided,
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That the Secretaries may award grants or cooperative 
agreements to local non-profit entities, Youth Conservation 
Corps or related partnerships with State, local or non-profit 
youth groups, or small or disadvantaged business: Provided 
further, That the contract, grant, or cooperative agreement 
is for forest hazardous fuels reduction, watershed or water 
quality monitoring or restoration, wildlife or fish popu-
lation monitoring, or habitat restoration or management: 
Provided further, That the terms ‘‘rural community’’ and 
‘‘economically disadvantaged’’ shall have the same mean-
ings as in section 2374 of Public Law 101–624: Provided 
further, That the Secretaries shall develop guidance to im-
plement this section: Provided further, That nothing in this 
section shall be construed as relieving the Secretaries of any 
duty under applicable procurement laws, except as provided 
in this section. 
SEC. 329. LOCAL EXEMPTIONS FROM FOREST SERV-
ICE DEMONSTRATION PROGRAM FEES. Section 6906 of Title 
31, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘Necessary’’; and 
(2) by adding at the end the following: 
‘‘(b) LOCAL
EXEMPTIONS
FROM
DEMONSTRATION 
PROGRAM FEES.—
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‘‘(1) IN GENERAL.—Each unit of general local 
government that lies in whole or in part within the 
White Mountain National Forest and persons residing 
within the boundaries of that unit of general local 
government shall be exempt during that fiscal year 
from any requirement to pay a Demonstration Pro-
gram Fee (parking permit or passport) imposed by 
the Secretary of Agriculture for access to the Forest. 
‘‘(2) ADMINISTRATION.—The Secretary of Agri-
culture shall establish a method of identifying persons 
who are exempt from paying user fees under para-
graph (1). This method may include valid form of 
identification including a drivers license.’’. 
SEC. 330. IMPLEMENTATION OF GALLATIN LAND CON-
SOLIDATION ACT OF 1998. (a) DEFINITIONS.—For purposes 
of this section: 
(1) ‘‘Gallatin Land Consolidation Act of 1998’’ 
means Public Law 105–267 (112 Stat. 2371). 
(2) ‘‘Option Agreement’’ has the same meaning 
as defined in section 3(6) of the Gallatin Land Con-
solidation Act of 1998. 
(3) ‘‘Secretary’’ means the Secretary of Agri-
culture. 
(4) ‘‘Excess receipts’’ means National Forest 
Fund receipts from the National Forests in Montana,
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which are identified and adjusted by the Forest Serv-
ice within the fiscal year, and which are in excess of 
funds retained for: the Salvage Sale Fund; the 
Knutson-Vandenberg Fund; the Purchaser Road/Spec-
ified Road Credits; the Twenty-Five Percent Fund, as 
amended; the Ten Percent Road and Trail Fund; the 
Timber Sale Pipeline Restoration Fund; the Fifty 
Percent Grazing Class A Receipts Fund; and the 
Land and Water Conservation Fund Recreation User 
Fees Receipts—Class A Fund. 
(5) ‘‘Special Account’’ means the special account 
referenced in section 4(c)(2) of the Gallatin Land 
Consolidation Act of 1998. 
(6) ‘‘Eastside National Forests’’ has the same 
meaning as in section 3(4) of the Gallatin Land Con-
solidation Act of 1998. 
(b) SPECIAL ACCOUNT.—
(1) The Secretary is authorized and directed, 
without further appropriation or reprogramming of 
funds, to transfer to the Special Account these enu-
merated funds and receipts in the following order: 
(A) timber sale receipts from the Gallatin 
National Forest and other Eastside National 
Forests, as such receipts are referenced in section
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4(a)(2)(C) of the Gallatin Land Consolidation 
Act of 1998; 
(B) any available funds heretofore appro-
priated for the acquisition of lands for National 
Forest purposes in the State of Montana through 
fiscal year 2003; 
(C) net receipts from the conveyance of 
lands on the Gallatin National Forest as author-
ized by subsection (c); and, 
(D) excess receipts for fiscal years 2003 
through 2008. 
(2) All funds in the Special Account shall be 
available to the Secretary until expended, without 
further appropriation, and will be expended prior to 
the end of fiscal year 2008 for the following purposes: 
(A) the completion of the land acquisitions 
authorized by the Gallatin Land Consolidation 
Act of 1998 and fulfillment of the Option Agree-
ment, as may be amended from time to time; 
and, 
(B) the acquisition of lands for which ac-
quisition funds were transferred to the Special 
Account pursuant to subsection (b)(1)(B). 
(3) The Special Account shall be closed at the 
end of fiscal year 2008 and any monies remaining in
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the Special Account shall be transferred to the fund 
established under Public Law 90–171 (commonly 
known as the ‘‘Sisk Act’’, 16 U.S.C. § 484a) to re-
main available, until expended, for the acquisition of 
lands for National Forest purposes in the State of 
Montana. 
(4) Funds deposited in the Special Account or el-
igible for deposit shall not be subject to transfer or re-
programming for wildland fire management or any 
other emergency purposes. 
(c) LAND CONVEYANCES WITHIN THE GALLATIN NA-
TIONAL FOREST.—
(1) CONVEYANCE AUTHORITY.—The Secretary is 
authorized, under such terms and conditions as the 
Secretary may prescribe and without requirements for 
further administrative or environmental analyses or 
examination, to sell or exchange any or all rights, 
title, and interests of the United States in the fol-
lowing lands within the Gallatin National Forest in 
the State of Montana: 
(A) SMC East Boulder Mine Portal Tract: 
Principal Meridian, T.3S., R.11E., Section 4, 
lots 3 to 4 inclusive, W1⁄2SE1⁄4NW1⁄4, containing 
76.27 acres more or less.
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(B) Forest Service West Yellowstone Admin-
istrative Site: U.S. Forest Service Administra-
tive Site located within the NE1⁄4 of Block 17 of 
the Townsite of West Yellowstone which is situ-
ated in the N1⁄2 of Section 34, T.13S., R.5E., 
Principal Meridian, Gallatin County, Montana, 
containing 1.04 acres more or less. 
(C) Mill Fork Mission Creek Tract: Prin-
cipal Meridian, T.13S., R.5E., Section 34, 
NW1⁄4SW1⁄4, containing 40 acres more or less. 
(D) West Yellowstone Town Expansion 
Tract #1: Principal Meridian, T.13S., R.5E., 
Section 33, E1⁄2E1⁄2NE1⁄4, containing 40 acres 
more or less. 
(E) West Yellowstone Town Expansion 
Tract #2: Principal Meridian, T.13S., R.5E., 
Section 33, NE1⁄4SE1⁄4, containing 40 acres 
more or less. 
(2) DESCRIPTIONS.—The Secretary may modify 
the descriptions in subsection (c)(1) to correct errors 
or to reconfigure the properties in order to facilitate 
a conveyance. 
(3) CONSIDERATION.—Consideration for a sale 
or exchange of land under this subsection may include 
cash, land, or a combination of both.
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(4) VALUATION.—Any appraisals of land deemed 
necessary or desirable by the Secretary to carry out 
the purposes of this section shall conform to the Uni-
form Appraisal Standards for Federal Land Acquisi-
tions. 
(5) CASH EQUALIZATION.—Notwithstanding any 
other provision of law, the Secretary may accept a 
cash equalization payment in excess of 25 percent of 
the value of any land exchanged under this sub-
section. 
(6) SOLICITATIONS OF OFFERS.—The Secretary 
may: 
(A) solicit offers for sale or exchange of land 
under this subsection on such terms and condi-
tions as the Secretary may prescribe, or 
(B) reject any offer made under this sub-
section if the Secretary determines that the offer 
is not adequate or not in the public interest. 
(7) METHODS OF SALE.—The Secretary may sell 
land at public or private sale, including competitive 
sale by auction, bid, or otherwise, in accordance with 
such terms, conditions, and procedures as the Sec-
retary determines will be in the best interests of the 
United States.
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(8) BROKERS.—The Secretary may utilize bro-
kers or other third parties in the disposition of the 
land authorized by this subsection and, from the pro-
ceeds of the sale, may pay reasonable commissions or 
fees on the sale or sales. 
(9) RECEIPTS FROM SALE OR EXCHANGE.—The 
Secretary shall deposit the net receipts of a sale or ex-
change under this subsection in the Special Account. 
(d) MISCELLANEOUS PROVISIONS.—
(1) Receipts from any sale or exchange pursuant 
to subsection (c) of this section: 
(A) shall not be deemed excess receipts for 
purposes of this section; 
(B) shall not be paid or distributed to the 
State or counties under any provision of law, or 
otherwise deemed as moneys received from the 
National Forest for purposes of the Act of May 
23, 1908 or the Act of March 1, 1911 (16 U.S.C. 
§ 500, as amended), or the Act of March 4, 1913 
(16 U.S.C. § 501, as amended). 
(2) As of the date of enactment of this section, 
any public land order withdrawing land described in 
subsection (c)(1) from all forms of appropriation 
under the public land laws is revoked with respect to
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any portion of the land conveyed by the Secretary 
under this section. 
(3) Subject to valid existing rights, all lands de-
scribed in section (c)(1) are withdrawn from location, 
entry, and patent under the mining laws of the 
United States. 
(4) The Agriculture Property Management Regu-
lations shall not apply to any action taken pursuant 
to this section. 
(e) OPTION AGREEMENT AMENDMENT.—The Amend-
ment No. 1 to the Option Agreement is hereby ratified as 
a matter of Federal law and the parties to it are authorized 
to effect the terms and conditions thereof. 
SEC. 331. TRANSFER OF FOREST LEGACY PROGRAM 
LAND. Section 7(l) of the Cooperative Forestry Assistance 
Act of 1978 (16 U.S.C. 2103c(l)) is amended by inserting 
after paragraph (2) the following: 
‘‘(3) TRANSFER OF FOREST LEGACY PROGRAM 
LAND.—
‘‘(A) IN GENERAL.—Subject to any terms 
and conditions that the Secretary may require 
(including the requirements described in sub-
paragraph (B)), the Secretary may, at the re-
quest of a participating State, convey to the 
State, by quitclaim deed, without consideration,
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any land or interest in land acquired in the 
State under the Forest Legacy Program. 
‘‘(B) REQUIREMENTS.—In conveying land 
or an interest in land under subparagraph (A), 
the Secretary may require that—
‘‘(i) the deed conveying the land or in-
terest in land include requirements for the 
management of the land in a manner 
that—
‘‘(I) conserves the land or interest 
in land; and 
‘‘(II) is consistent with any other 
Forest Legacy Program purposes for 
which the land or interest in land was 
acquired; 
‘‘(ii) if the land or interest in land is 
subsequently sold, exchanged, or otherwise 
disposed of by the State, the State shall—
‘‘(I) reimburse the Secretary in 
an amount that is based on the current 
market value of the land or interest in 
land in proportion to the amount of 
consideration paid by the United 
States for the land or interest in land; 
or