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their use for wildland fire operations, such reimbursement
to be credited to appropriations currently available at the
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-
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ited to the appropriation current at the time such reim-
bursements are received.
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
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of offshore preleasing, leasing and related activities placed
under restriction in the President’s moratorium statement
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
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Assistance Act (25 U.S.C. 450 et seq.) or the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)
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
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develop guidelines and permits for such activity appro-
priate to that unit.
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.
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SEC. 115. Notwithstanding any other provision of
law, for the purpose of reducing the backlog of Indian pro-
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-
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tion in Tribal Priority Allocation funds of more than 10
percent in fiscal year 2003. Under circumstances of dual
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,
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That the Secretary may retain and use any such reim-
bursement until expended and without further appropria-
tion: (1) for the benefit of the National Wildlife Refuge
System within the State of Minnesota; and (2) for all ac-
tivities authorized by Public Law 100–696; 16 U.S.C.
460zz.
SEC. 120. Section 412(b) of the National Parks Om-
nibus Management Act of 1998, as amended (16 U.S.C.
5961) is further amended by striking ‘‘2002’’ and insert-
ing ‘‘2003’’.
SEC. 121. Notwithstanding other provisions of law,
the National Park Service may authorize, through cooper-
ative agreement, the Golden Gate National Parks Associa-
tion to provide fee-based education, interpretive and vis-
itor service functions within the Crissy Field and Fort
Point areas of the Presidio.
SEC. 122. Notwithstanding 31 U.S.C. 3302(b), sums
received by the Bureau of Land Management for the sale
of seeds or seedlings including those collected in fiscal year
2002, may be credited to the appropriation from which
funds were expended to acquire or grow the seeds or seed-
lings and are available without fiscal year limitation.
WHITE RIVER OIL SHALE MINE, UTAH—SALE
SEC. 123. Subject to the terms and conditions of sec-
tion 126 of the Department of the Interior and Related
Agencies Act, 2002, the Administrator of General Services
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shall sell all right, title, and interest of the United States
in and to the improvements and equipment of the White
River Oil Shale Mine.
SEC. 124. The Secretary of the Interior may use or
contract for the use of helicopters or motor vehicles on
the Sheldon and Hart National Wildlife Refuges for the
purpose of capturing and transporting horses and burros.
The provisions of subsection (a) of the Act of September
8, 1959 (73 Stat. 470; 18 U.S.C. 47(a)) shall not be appli-
cable to such use. Such use shall be in accordance with
humane procedures prescribed by the Secretary.
SEC. 125. Funds provided in this Act for Federal
land acquisition by the National Park Service for Shen-
andoah Valley Battlefields National Historic District, and
Ice Age National Scenic Trail may be used for a grant
to a State, a local government, or any other governmental
land management entity for the acquisition of lands with-
out regard to any restriction on the use of Federal land
acquisition funds provided through the Land and Water
Conservation Fund Act of 1965 as amended.
SEC. 126. None of the funds made available by this
Act may be obligated or expended by the National Park
Service to enter into or implement a concession contract
which permits or requires the removal of the underground
lunchroom at the Carlsbad Caverns National Park.
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SEC. 127. None of the funds made available in this
Act may be used: (1) to demolish the bridge between Jer-
sey City, New Jersey, and Ellis Island; or (2) to prevent
pedestrian use of such bridge, when such pedestrian use
is consistent with generally accepted safety standards.
SEC. 128. None of the funds made available in this
or any other Act for any fiscal year may be used to des-
ignate, or to post any sign designating, any portion of Ca-
naveral National Seashore in Brevard County, Florida, as
a clothing-optional area or as an area in which public nu-
dity is permitted, if such designation would be contrary
to county ordinance.
SEC. 129. Notwithstanding any other provision of
law, the United States Fish and Wildlife Service may use
funds appropriated in this Act for incidental expenses re-
lated to promoting and celebrating the Centennial of the
National Wildlife Refuge System.
SEC. 130. The National Park Service may in fiscal
year 2003 and thereafter enter into a cooperative agree-
ment with and transfer funds to Capital Concerts, a non-
profit organization, for the purpose of carrying out pro-
grams pursuant to 31 U.S.C. 6305.
SEC. 131. No later than 30 days after enactment of
this Act, the Secretary of the Interior shall provide to the
House and Senate Committees on Appropriations and the
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House Committee on Resources and the Senate Com-
mittee on Indian Affairs a summary of the Ernst and
Young report on the historical accounting for the five
named plaintiffs in Cobell v. Norton. The summary shall
not provide individually identifiable financial information,
but shall fully describe the aggregate results of the histor-
ical accounting.
SEC. 132. None of the funds in this or any other Act
for the Department of the Interior or the Department of
Justice can be used to compensate the Special Master and
the Court Monitor appointed by the United States District
Court for the District of Columbia in the Cobell v. Norton
litigation at an annual rate that exceeds 200 percent of
the highest Senior Executive Service rate of pay for the
Washington-Baltimore locality pay area.
SEC. 133. Within 90 days of enactment of this Act
the Special Trustee for American Indians, in consultation
with the Secretary of the Interior and the Tribes, shall
appoint new members to the Special Trustee Advisory
Board.
SEC. 134. The Secretary of the Interior may use dis-
cretionary funds to pay private attorneys fees and costs
for employees and former employees of the Department
of the Interior reasonably incurred in connection with
Cobell v. Norton to the extent that such fees and costs
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are not paid by the Department of Justice or by private
insurance. In no case shall the Secretary make payments
under this section that would result in payment of hourly
fees in excess of the highest hourly rate approved by the
District Court for the District of Columbia for counsel in
Cobell v. Norton.
SEC. 135. Section 124(a) of the Department of the
Interior and Related Agencies Appropriation Act, 1997
(16 U.S.C. 1011 (a)), as amended, is further amended by
inserting after the phrase ‘‘appropriations made for the
Bureau of Land Management’’ the phrase ‘‘including ap-
propriations for the Wildland Fire Management account
allocated to the National Park Service, Fish and Wildlife
Service, and Bureau of Indian Affairs’’.
SEC. 136. Public Law 107–106 is amended as fol-
lows: in section 5(a) strike ‘‘9 months after the date of
enactment of the Act’’ and insert in lieu thereof ‘‘Sep-
tember 30, 2003’’.
SEC. 137. Notwithstanding any other provision of
law, the funds provided in the Labor, Health and Human
Services, Education and Related Agencies Appropriations
Act of 2002, Public Law 107–116, for the National Mu-
seum of African American History and Culture Plan for
Action Presidential Commission shall remain available
until expended.
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SEC. 138. The United States Fish and Wildlife Serv-
ice shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement
a system of mass marking of salmonid stocks released
from federally operated or federally financed hatcheries in-
cluding but not limited to fish releases of the coho, chi-
nook, and steelhead species. The requirements of this sec-
tion shall not be applicable when the hatchery fish are pro-
duced for conservation purposes.
SEC. 139. The visitor center at the Bitter Lake Na-
tional Wildlife Refuge in New Mexico shall be named for
Joseph R. Skeen and, hereafter, shall be referred to in
any law, document, or record of the United States as the
‘‘Joseph R. Skeen Visitor Center’’.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland re-
search as authorized by law, $252,000,000 to remain
available until expended.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and pro-
viding technical and financial assistance to States, terri-
tories, possessions, and others, and for forest health man-
agement including treatments of pests, pathogens and
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invasive or noxious plants, cooperative forestry, and edu-
cation and land conservation activities and conducting an
international program as authorized, $279,828,000, to re-
main available until expended, as authorized by law, of
which $60,000,000 is for the Forest Legacy Program, to
be derived from the land and water conservation fund;
$36,235,000 is for the Urban and Community Forestry
Program, 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 provided under this heading for the ac-
quisition of lands or interests in lands shall be available
until the Forest Service notifies the House Committee on
Appropriations and the Senate Committee on Appropria-
tions, in writing, of specific acquisition of lands or inter-
ests in lands to be undertaken with such funds: Provided
further, That each forest legacy grant shall be for a spe-
cific project: Provided further, That a grant shall not be
released to a State unless the Secretary determines that
the State has demonstrated that 25 percent of the total
value of the project is comprised of a non-Federal cost
share.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not
otherwise provided for, for management, protection, im-
provement, and utilization of the National Forest System,
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$1,370,567,000 (reduced by $5,000,000) (increased by
$5,000,000), to remain available until expended, which
shall include 50 percent of all moneys received during
prior fiscal years as fees collected under the Land and
Water Conservation Fund Act of 1965, as amended, in
accordance with section 4 of the Act (16 U.S.C. 460l–
6a(i)): Provided, That unobligated balances available at
the start of fiscal year 2003 shall be displayed by budget
line item in the fiscal year 2004 budget justification: Pro-
vided further, That the Secretary may authorize the ex-
penditure or transfer of such sums as necessary to the
Department of the Interior, Bureau of Land Management
for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other
lands under fire protection agreement, hazardous fuel re-
duction on or adjacent to such lands, and for emergency
rehabilitation of burned-over National Forest System
lands and water, $1,513,449,000, to remain available until
expended: Provided, That such funds including unobli-
gated balances under this head, are available for repay-
ment of advances from other appropriations accounts pre-
viously transferred for such purposes: Provided further,
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That not less than 50 percent of any unobligated balances
remaining (exclusive of amounts for hazardous fuels re-
duction) at the end of fiscal year 2002 shall be trans-
ferred, as repayment for past advances that have not been
repaid, to the fund established pursuant to section 3 of
Public Law 71–319 (16 U.S.C. 576 et seq.): Provided fur-
ther, That notwithstanding any other provision of law,
$8,000,000 of funds appropriated under this appropria-
tion shall be used for Fire Science Research in support
of the Joint Fire Science Program: Provided further, That
all authorities for the use of funds, including the use of
contracts, grants, and cooperative agreements, available to
execute the Forest and Rangeland Research appropria-
tion, are also available in the utilization of these funds
for the Joint Fire Science Program: Provided further,
That funds provided shall be available for emergency reha-
bilitation and restoration, hazard reduction activities in
the urban-wildland interface, support to Federal emer-
gency response, and wildfire suppression activities of the
Forest Service: Provided further, That of the funds pro-
vided, $640,000,000 is for preparedness, $420,699,000 is
for wildfire suppression operations, $228,109,000 is for
hazardous fuel treatment, $63,000,000 is for rehabilita-
tion and restoration, $20,376,000 is for capital improve-
ment and maintenance of fire facilities, $27,265,000 is for
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research activities and to make competitive research
grants pursuant to the Forest and Rangeland Renewable
Resources Research Act, as amended (16 U.S.C. 1641 et
seq.), $58,000,000 is for state fire assistance, $8,500,000
is for volunteer fire assistance, $27,000,000 is for forest
health activities on State, private, and Federal lands, and
$12,500,000 is for economic action programs: Provided
further, That amounts in this paragraph may be trans-
ferred to the ‘‘State and Private Forestry’’, ‘‘National
Forest System’’, ‘‘Forest and Rangeland Research’’, and
‘‘Capital Improvement and Maintenance’’ accounts to
fund state fire assistance, volunteer fire assistance, and
forest health management, vegetation and watershed man-
agement, heritage site rehabilitation, wildlife and fish
habitat management, trails and facilities maintenance and
restoration: Provided further, That transfers of any
amounts in excess of those authorized in this paragraph,
shall require approval of the House and Senate Commit-
tees on Appropriations in compliance with reprogramming
procedures contained in House Report No. 105–163: Pro-
vided further, That the costs of implementing any coopera-
tive agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on
by the affected parties: Provided further, That in entering
into such grants or cooperative agreements, the Secretary
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Health Corporation (YKHC) to continue a priority project
for the acquisition of land, planning, design and construc-
tion of 79 staff quarters in the Bethel service area, pursu-
ant to the negotiated project agreement between the
YKHC and the Indian Health Service: Provided further,
That this project shall not be subject to the construction
provisions of the Indian Self-Determination and Edu-
cation Assistance Act and shall be removed from the In-
dian Health Service priority list upon completion: Provided
further, That the Federal Government shall not be liable
for any property damages or other construction claims
that may arise from YKHC undertaking this project: Pro-
vided 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
facilities: Provided further, That not to exceed $500,000
shall be used by the Indian Health Service to obtain ambu-
lances for the Indian Health Service and tribal facilities
in conjunction with an existing interagency agreement be-
tween the Indian Health Service and the General Services
Administration: Provided further, That not to exceed
$500,000 shall be placed in a Demolition Fund, available