H. R. 2217—25
SEC. 110. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural gas
preleasing, leasing and related activities in the Mid-Atlantic and
South Atlantic planning areas.
SEC. 111. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant to the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.) or the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.) may be invested by the Indian tribe, tribal
organization, or consortium before such funds are expended for
the purposes of the grant, compact, or annual funding agreement
so long as such funds are—
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in obliga-
tions or securities that are guaranteed or insured by the United
States, or mutual (or other) funds registered with the Securities
and Exchange Commission and which only invest in obligations
of the United States or securities that are guaranteed or insured
by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection 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 implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may provide for and regulate local non-rec-
reational passage through units of the National Park System,
allowing each unit to develop guidelines and permits for such
activity appropriate 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 unobligated balances from prior appro-
priations Acts made under the same headings, shall be available
for expenditure or transfer for Indian trust management activities
pursuant to the Trust Management Improvement Project High Level
Implementation Plan.
SEC. 114. A grazing permit or lease that expires (or is trans-
ferred) during fiscal year 2002 shall be renewed under section
402 of the Federal Land Policy and Management Act of 1976,
as amended (43 U.S.C. 1752) or if applicable, section 510 of the
California Desert Protection Act (16 U.S.C. 410aaa–50). The terms
and conditions contained in the expiring permit or lease shall
continue in effect under the new permit or lease until such time
as the Secretary of the Interior 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 Secretary’s statutory authority: Provided,
That any Federal lands included within the boundary of Lake
Roosevelt National Recreation Area, as designated by the Secretary
of the Interior on April 5, 1990, (Lake Roosevelt Cooperative
Management Agreement) that were utilized as of March 31, 1997,
for grazing purposes pursuant to a permit issued by the National
Park Service, the person or persons so utilizing such lands as
of March 31, 1997, shall be entitled to renew said permit under
H. R. 2217—26
such terms and conditions as the Secretary may prescribe, for
the lifetime of the permittee or 20 years, whichever is less.
SEC. 115. Notwithstanding any other provision of law, for the
purpose of reducing the backlog of Indian probate cases in the
Department of the Interior, the hearing requirements of chapter
10 of title 25, United States Code, are deemed satisfied by a pro-
ceeding conducted by an Indian probate judge, appointed by the
Secretary without 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, except 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 redistribute 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 inac-
curate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2002. Under circumstances of dual enrollment, overlap-
ping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
SEC. 117. None of the funds in this Act may be used to establish
a new National Wildlife Refuge in the Kankakee River basin that
is inconsistent with the United States Army Corps of Engineers’
efforts to control flooding and siltation in that area. Written certifi-
cation of consistency shall be submitted to the House and Senate
Committees on Appropriations prior to refuge establishment.
SEC. 118. Funds appropriated for the Bureau of Indian Affairs
for postsecondary schools for fiscal year 2002 shall be allocated
among the schools proportionate to the unmet need of the schools
as determined by the Postsecondary Funding Formula adopted by
the Office of Indian Education Programs.
SEC. 119. (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 compatible with the use
of the lands as a cemetery; and (2) as a burial ground.
SEC. 120. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study or
implement any plan to drain Lake Powell or to reduce the water
level of the lake below the range of water levels required for
the operation of the Glen Canyon Dam.
SEC. 121. Notwithstanding any other provision of law, in con-
veying the Twin Cities Research Center under the authority pro-
vided by Public Law 104–134, as amended by Public Law 104–
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
H. R. 2217—27
appropriation: (1) for the benefit of the National Wildlife Refuge
System within the State of Minnesota; and (2) for all activities
authorized by Public Law 100–696; 16 U.S.C. 460zz.
SEC. 122. Section 412(b) of the National Parks Omnibus
Management Act of 1998, as amended (16 U.S.C. 5961) is amended
by striking ‘‘2001’’ and inserting ‘‘2002’’.
SEC. 123. Notwithstanding other provisions of law, the National
Park Service may authorize, through cooperative agreement, the
Golden Gate National Parks Association to provide fee-based edu-
cation, interpretive and visitor service functions within the Crissy
Field and Fort Point areas of the Presidio.
SEC. 124. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or seed-
lings including those collected in fiscal year 2001, may be credited
to the appropriation from which funds were expended to acquire
or grow the seeds or seedlings and are available without fiscal
year limitation.
SEC. 125. TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION PRO-
GRAM. (a) DEFINITIONS.—In this section:
(1) CONSTRUCTION.—The term ‘‘construction’’, with respect
to a tribally controlled school, includes the construction or
renovation of that school.
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) TRIBALLY CONTROLLED SCHOOL.—The term ‘‘tribally con-
trolled school’’ has the meaning given that term in section
5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C.
2511).
(5) DEPARTMENT.—The term ‘‘Department’’ means the
Department of the Interior.
(6) DEMONSTRATION PROGRAM.—The term ‘‘demonstration
program’’ means the Tribal School Construction Demonstration
Program.
(b) IN GENERAL.—The Secretary shall carry out a demonstration
program to provide grants to Indian tribes for the construction
of tribally controlled schools.
(1) IN GENERAL.—Subject to the availability of appropria-
tions, in carrying out the demonstration program under sub-
section (b), the Secretary shall award a grant to each Indian
tribe that submits an application that is approved by the Sec-
retary under paragraph (2). The Secretary shall ensure that
an eligible Indian tribe currently on the Department’s priority
list for construction of replacement educational facilities
receives the highest priority for a grant under this section.
(2) GRANT APPLICATIONS.—An application for a grant under
the section shall—
(A) include a proposal for the construction of a tribally
controlled school of the Indian tribe that submits the
application; and
(B) be in such form as the Secretary determines appro-
priate.
(3) GRANT AGREEMENT.—As a condition to receiving a grant
under this section, the Indian tribe shall enter into an agree-
ment with the Secretary that specifies—
H. R. 2217—28
(A) the costs of construction under the grant;
(B) that the Indian tribe shall be required to contribute
towards the cost of the construction a tribal share equal
to 50 percent of the costs; and
(C) any other term or condition that the Secretary
determines to be appropriate.
(4) ELIGIBILITY.—Grants awarded under the demonstration
program shall only be for construction of replacement tribally
controlled schools.
(c) EFFECT OF GRANT.—A grant received under this section
shall be in addition to any other funds received by an Indian
tribe under any other provision of law. The receipt of a grant
under this section shall not affect the eligibility of an Indian tribe
receiving funding, or the amount of funding received by the Indian
tribe, under the Tribally Controlled Schools Act of 1988 (25 U.S.C.
2501 et seq.) or the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.).
SEC. 126. WHITE RIVER OIL SHALE MINE, UTAH. (a) SALE.—
The Administrator of General Services (referred to in this section
as the ‘‘Administrator’’) shall sell all right, title, and interest of
the United States in and to the improvements and equipment
described in subsection (b) that are situated on the land described
in subsection (c) (referred to in this section as the ‘‘Mine’’).
(b) DESCRIPTION
OF
IMPROVEMENTS
AND
EQUIPMENT.—The
improvements and equipment referred to in subsection (a) are the
following improvements and equipment associated with the Mine:
(1) Mine Service Building.
(2) Sewage Treatment Building.
(3) Electrical Switchgear Building.
(4) Water Treatment Building/Plant.
(5) Ventilation/Fan Building.
(6) Water Storage Tanks.
(7) Mine Hoist Cage and Headframe.
(8) Miscellaneous Mine-related equipment.
(c) DESCRIPTION OF LAND.—The land referred to in subsection
(a) is the land located in Uintah County, Utah, known as the
‘‘White River Oil Shale Mine’’ and described as follows:
(1) T. 10 S., R. 24 E., Salt Lake Meridian, sections 12
through 14, 19 through 30, 33, and 34.
(2) T. 10 S., R. 25 E., Salt Lake Meridian, sections 18
and 19.
(d) USE OF PROCEEDS.—The proceeds of the sale under sub-
section (a)—
(1) shall be deposited in a special account in the Treasury
of the United States; and
(2) shall be available until expended, without further Act
of appropriation—
(A) first, to reimburse the Administrator for the direct
costs of the sale; and
(B) second, to reimburse the Bureau of Land Manage-
ment Utah State Office for the costs of closing and rehabili-
tating the Mine.
(e) MINE CLOSURE
AND REHABILITATION.—The closing and
rehabilitation of the Mine (including closing of the mine shafts,
site grading, and surface revegetation) shall be conducted in accord-
ance with—