II
Calendar No. 78
107TH CONGRESS
1ST SESSION
H.R. 2217
[Report No. 107–36]
Making appropriations for the Department of the Interior and related agencies
for the fiscal year ending September 30, 2002, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 22, 2001
Received; read twice and referred to the Committee on Appropriations
JUNE 29, 2001
Reported by Mr. BYRD, with an amendment
[Strike all after the enacting clause and insert the part printed in italic]
AN ACT
Making appropriations for the Department of the Interior
and related agencies for the fiscal year ending September
30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Department of the Interior and related agencies for the
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fiscal year ending September 30, 2002, and for other pur-
poses, namely:
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improve-
ment, development, disposal, cadastral surveying, classi-
fication, acquisition of easements and other interests in
lands, and performance of other functions, including main-
tenance of facilities, as authorized by law, in the manage-
ment of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general
administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487
(16 U.S.C. 3150(a)), $768,711,000, to remain available
until expended, of which $1,000,000 is for high priority
projects which shall be carried out by the Youth Conserva-
tion Corps, defined in section 250(c)(4)(E)(xii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of such Act; of which
$2,225,000 shall be available for assessment of the min-
eral potential of public lands in Alaska pursuant to section
1010 of Public Law 96–487 (16 U.S.C. 3150); and of
which not to exceed $1,000,000 shall be derived from the
special receipt account established by the Land and Water
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Conservation Act of 1965, as amended (16 U.S.C. 460l–
6a(i)); and of which $3,000,000 shall be available in fiscal
year 2002 subject to a match by at least an equal amount
by the National Fish and Wildlife Foundation, to such
Foundation for cost-shared projects supporting conserva-
tion of Bureau lands and such funds shall be advanced
to the Foundation as a lump sum grant without regard
to when expenses are incurred; in addition, $32,298,000
for Mining Law Administration program operations, in-
cluding the cost of administering the mining claim fee pro-
gram; to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this
appropriation from annual mining claim fees so as to re-
sult in a final appropriation estimated at not more than
$768,711,000, and $2,000,000, to remain available until
expended, from communication site rental fees established
by the Bureau for the cost of administering communica-
tion site activities: Provided, That appropriations herein
made shall not be available for the destruction of healthy,
unadopted, wild horses and burros in the care of the Bu-
reau or its contractors: Provided further, That of the
amount provided, $28,000,000 is for ‘‘Federal Infrastruc-
ture Improvement’’, defined in section 250(c)(4)(E)(xiv)
of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, for the purposes of such Act:
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Provided further, That fiscal year 2001 balances in the
Federal Infrastructure Improvement account for the Bu-
reau of Land Management shall be transferred to and
merged with this appropriation, and shall remain available
until expended.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, sup-
pression operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire as-
sistance by the Department of the Interior, $700,806,000,
to remain available until expended, of which not to exceed
$19,774,000 shall be for the renovation or construction
of fire facilities: Provided, That such funds are also avail-
able for repayment of advances to other appropriation ac-
counts from which funds were previously transferred for
such purposes: Provided further, That unobligated bal-
ances of amounts previously appropriated to the ‘‘Fire
Protection’’ and ‘‘Emergency Department of the Interior
Firefighting Fund’’ may be transferred and merged with
this appropriation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United
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States property, may be credited to the appropriation from
which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided fur-
ther, That using the amounts designated under this title
of this Act, the Secretary of the Interior may enter into
procurement contracts, grants, or cooperative agreements,
for hazardous fuels reduction activities, and for training
and monitoring associated with such hazardous fuels re-
duction activities, on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Fed-
eral land: Provided further, That the costs of implementing
any cooperative agreement between the Federal govern-
ment and any non-Federal entity may be shared, as mutu-
ally agreed on by the affected parties: Provided further,
That in entering into such grants or cooperative agree-
ments, the Secretary may consider the enhancement of
local and small business employment opportunities for
rural communities, and that in entering into procurement
contracts under this section on a best value basis, the Sec-
retary may take into account the ability of an entity to
enhance local and small business employment opportuni-
ties in rural communities, and that the Secretary may
award
procurement
contracts,
grants,
or
cooperative
agreements under this section to entities that include local
non-profit entities, Youth Conservation Corps or related
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partnerships, or small or disadvantaged businesses: Pro-
vided further, That funds appropriated under this head
may be used to reimburse the United States Fish and
Wildlife Service and the National Marine Fisheries Service
for the costs of carrying out their responsibilities under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to consult and conference, as required by section 7
of such Act in connection with wildland fire management
activities.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the In-
terior and any of its component offices and bureaus for
the remedial action, including associated activities, of haz-
ardous waste substances, pollutants, or contaminants pur-
suant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C.
9601 et seq.), $9,978,000, to remain available until ex-
pended: Provided, That notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or
as reimbursement for remedial action or response activi-
ties conducted by the Department pursuant to section 107
or 113(f) of such Act, shall be credited to this account
to be available until expended without further appropria-
tion: Provided further, That such sums recovered from or
paid by any party are not limited to monetary payments
and may include stocks, bonds or other personal or real
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property, which may be retained, liquidated, or otherwise
disposed of by the Secretary and which shall be credited
to this account.
CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $11,076,000, to
remain available until expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of Octo-
ber 20, 1976, as amended (31 U.S.C. 6901–6907),
$200,000,000, of which not to exceed $400,000 shall be
available
for
administrative
expenses
and
of
which
$50,000,000 is for the conservation activities defined in
section 250(c)(4)(E)(xiii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for
the purposes of such Act: Provided, That no payment shall
be made to otherwise eligible units of local government if
the computed amount of the payment is less than $100.
LAND ACQUISITION
For expenses necessary to carry out sections 205,
206, and 318(d) of Public Law 94–579, including admin-
istrative expenses and acquisition of lands or waters, or
interests therein, $47,686,000, to be derived from the
Land and Water Conservation Fund, to remain available
until expended, and to be for the conservation activities
defined in section 250(c)(4)(E)(i) of the Balanced Budget
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and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and
on adjacent rights-of-way; and acquisition of lands or in-
terests therein including existing connecting roads on or
adjacent to such grant lands; $105,165,000, to remain
available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant
lands is hereby made a charge against the Oregon and
California land-grant fund and shall be transferred to the
General Fund in the Treasury in accordance with the sec-
ond paragraph of subsection (b) of title II of the Act of
August 28, 1937 (50 Stat. 876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law
102–381, funds made available in the Forest Ecosystem
Health and Recovery Fund can be used for the purpose
of planning, preparing, and monitoring salvage timber
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sales and forest ecosystem health and recovery activities
such as release from competing vegetation and density
control treatments. The Federal share of receipts (defined
as the portion of salvage timber receipts not paid to the
counties under 43 U.S.C. 1181f and 43 U.S.C. 1181–1
et seq., and Public Law 103–66) derived from treatments
funded by this account shall be deposited into the Forest
Ecosystem Health and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of
lands and interests therein, and improvement of Federal
rangelands pursuant to section 401 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701),
notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315 et seq.) and the amount designated for range improve-
ments from grazing fees and mineral leasing receipts from
Bankhead-Jones lands transferred to the Department of
the
Interior
pursuant
to
law,
but
not
less
than
$10,000,000, to remain available until expended: Pro-
vided, That not to exceed $600,000 shall be available for
administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related
to processing application documents and other authoriza-
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tions for use and disposal of public lands and resources,
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations,
and for rehabilitation of damaged property, such amounts
as may be collected under Public Law 94–579, as amend-
ed, and Public Law 93–153, to remain available until ex-
pended: Provided, That notwithstanding any provision to
the contrary of section 305(a) of Public Law 94–579 (43
U.S.C. 1735(a)), any moneys that have been or will be
received pursuant to that section, whether as a result of
forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43
U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to im-
prove, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which
have been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such ac-
tion are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that
are in excess of amounts needed to repair damage to the
exact land for which funds were collected may be used to
repair other damaged public lands.
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servation of those species: Provided further, That any
amount apportioned in 2002 to any State, territory, or
other jurisdiction that remains unobligated as of Sep-
tember 30, 2003, shall be reapportioned, together with
funds appropriated in 2004, in the manner provided here-
in.
TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to tribes under the
provisions of the Fish and Wildlife Act of 1956 and the
Fish and Wildlife Coordination Act, for the development
and implementation of programs for the benefit of wildlife
and their habitat, including species that are not hunted
or fished, $5,000,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended, and to be for conservation spending category
activities pursuant to section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of discretionary spending lim-
its: Provided, That, hereafter, ‘‘Fish and Wildlife Service
Tribal Wildlife Grants’’ shall be considered to be within
the ‘‘State and Other Conservation sub-category’’ in sec-
tion 250(c)(4)(G) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-