H. R. 2217—37
its territories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service under
this Act shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is
approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in House Report No. 105–163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the proce-
dures contained in House Report No. 105–163.
No funds available to the Forest Service shall be transferred
to the Working Capital Fund of the Department of Agriculture
that exceed the total amount transferred during fiscal year 2000
for such purposes without the advance approval of the House and
Senate Committees on Appropriations.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,000,000 for high priority
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps, defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, for the purposes of such Act.
Of the funds available to the Forest Service, $2,500 is available
to the Chief of the Forest Service for official reception and represen-
tation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, up to $2,250,000
may be advanced in a lump sum as Federal financial assistance
to the National Forest Foundation, without regard to when the
Foundation incurs expenses, for administrative expenses or projects
on or benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made avail-
able to the Foundation, no more than $400,000 shall be available
for administrative expenses: Provided further, That section 403(a)
of the National Forest Foundation Act (16 U.S.C. 583j–1(a)) is
amended by inserting after the first sentence the following new
sentence: ‘‘At the discretion of the Secretary of Agriculture, the
Secretary may increase the number of Directors to not more than
twenty.’’: Provided further, That the Foundation shall obtain, by
the end of the period of Federal financial assistance, private con-
tributions to match on at least one-for-one basis funds made avail-
able by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a non-Federal recipient for a project
at the same rate that the recipient has obtained the non-Federal
matching funds: Provided further, That hereafter, the National
Forest Foundation may hold Federal funds made available but
not immediately disbursed and may use any interest or other invest-
ment income earned (before, on, or after the date of the enactment
of this Act) on Federal funds to carry out the purposes of Public
Law 101–593: Provided further, That such investments may be
made only in interest-bearing obligations of the United States or
in obligations guaranteed as to both principal and interest by the
United States.
H. R. 2217—38
Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000
of the funds available to the Forest Service shall be available
for matching funds to the National Fish and Wildlife Foundation,
as authorized by 16 U.S.C. 3701–3709, and may be advanced in
a lump sum as Federal financial assistance, without regard to
when expenses are incurred, for projects on or benefitting National
Forest System lands or related to Forest Service programs: Pro-
vided, That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to match on
at least one-for-one basis funds advanced by the Forest Service:
Provided further, That the Foundation may transfer Federal funds
to a non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the
funds appropriated to the Forest Service in the ‘‘National Forest
System’’ and ‘‘Capital Improvement and Maintenance’’ accounts and
planned to be allocated to activities under the ‘‘Jobs in the Woods’’
program for projects on National Forest land in the State of Wash-
ington may be granted directly to the Washington State Department
of Fish and Wildlife for accomplishment of planned projects. Twenty
percent of said funds shall be retained by the Forest Service for
planning 
and 
administering 
projects. 
Project 
selection 
and
prioritization shall be accomplished by the Forest Service with
such consultation with the State of Washington as the Forest
Service deems appropriate.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to sections 14(c)(1) and (2), and section
16(a)(2) of Public Law 99–663.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pin-
chot Institute for Conservation, as well as with public and other
private agencies, organizations, institutions, and individuals, to pro-
vide for the development, administration, maintenance, or restora-
tion of land, facilities, or Forest Service programs, at the Grey
Towers National Historic Landmark: Provided, That, subject to
such terms and conditions as the Secretary of Agriculture may
prescribe, any such public or private agency, organization, institu-
tion, or individual may solicit, accept, and administer private gifts
of money and real or personal property for the benefit of, or in
connection with, the activities and services at the Grey Towers
National Historic Landmark: Provided further, That such gifts may
be accepted notwithstanding the fact that a donor conducts business
with the Department of Agriculture in any capacity.
Funds appropriated to the Forest Service shall be available,
as determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101–612).
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
H. R. 2217—39
land purchase negotiations and similar non-litigation related mat-
ters. Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
The Forest Service shall fund indirect expenses, that is
expenses not directly related to specific programs or to the accom-
plishment of specific work on-the-ground, from any funds available
to the Forest Service: Provided, That the Forest Service shall imple-
ment and adhere to the definitions of indirect expenditures estab-
lished pursuant to Public Law 105–277 on a nationwide basis
without flexibility for modification by any organizational level
except the Washington Office, and when changed by the Washington
Office, such changes in definition shall be reported in budget
requests submitted by the Forest Service: Provided further, That
the Forest Service shall provide in all future budget justifications,
planned indirect expenditures in accordance with the definitions,
summarized and displayed to the Regional, Station, Area, and
detached unit office level. The justification shall display the esti-
mated source and amount of indirect expenditures, by expanded
budget line item, of funds in the agency’s annual budget justifica-
tion. The display shall include appropriated funds and the Knutson-
Vandenberg, Brush Disposal, Cooperative Work-Other, and Salvage
Sale funds. Changes between estimated and actual indirect expendi-
tures shall be reported in subsequent budget justifications: Pro-
vided, That during fiscal year 2002 the Secretary shall limit total
annual indirect obligations from the Brush Disposal, Knutson-
Vandenberg, Reforestation, Salvage Sale, and Roads and Trails
funds to 20 percent of the total obligations from each fund. Obliga-
tions in excess of 20 percent which would otherwise be charged
to the above funds may be charged to appropriated funds available
to the Forest Service subject to notification of the Committees
on Appropriations of the House and Senate.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law enforcement
emergencies as necessary to protect natural resources and public
or employee safety: Provided, That such amounts shall not exceed
$750,000.
The Secretary of Agriculture may authorize the sale of excess
buildings, facilities, and other properties owned by the Forest
Service and located on the Green Mountain National Forest, the
revenues of which shall be retained by the Forest Service and
available to the Secretary without further appropriation and until
expended for maintenance and rehabilitation activities on the Green
Mountain National Forest.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL)
Of the funds made available under this heading for obligation
in prior years, $40,000,000 shall not be available until October
1, 2002: Provided, That funds made available in previous appropria-
tions Acts shall be available for any ongoing project regardless
of the separate request for proposal under which the project was
selected.
H. R. 2217—40
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
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 defeasible and equitable interests
in any real property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological investiga-
tions 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), $616,490,000,
to remain available until expended, of which $11,000,000 is to
begin a 7-year project for construction, renovation, furnishing, and
demolition or removal of buildings at National Energy Technology
Laboratory facilities in Morgantown, West Virginia and Pittsburgh,
Pennsylvania; and for acquisition of lands, and interests therein,
in proximity to the National Energy Technology Laboratory, and
of which $33,700,000 shall be derived by transfer from funds appro-
priated in prior years under the heading ‘‘Clean Coal Technology’’,
and of which $150,000,000 and such sums as may be appropriated
in fiscal year 2003 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 dem-
onstrations of commercial scale technologies to reduce the barriers
to continued and expanded coal use: Provided, That the request
for proposals shall be issued no later than 120 days following
enactment of this Act, proposals shall be submitted no later than
150 days after the issuance of the request for proposals, and the
Department of Energy shall make project selections no later than
160 days after the receipt of proposals: Provided further, That
no project may be selected for which sufficient funding is not avail-
able 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 Tech-
nology’’ in prior appropriations: Provided further, That the Depart-
ment may include provisions for repayment of Government contribu-
tions to individual projects in an amount up to the Government
contribution to the project on terms and conditions that are accept-
able to the Department including repayments from sale and
licensing of technologies from both domestic and foreign trans-
actions: Provided further, That such repayments shall be retained
by the Department for future coal-related research, development
and demonstration 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 consid-
ered a Clean Coal Technology Project, for the purposes of 42 U.S.C.
§ 7651n, and Chapters 51, 52, and 60 of title 40 of the Code
of Federal Regulations: Provided further, That funds excess to the
needs of the Power Plant Improvement Initiative procurement pro-
vided for under this heading in Public Law 106–291 shall be made
available for the Clean Coal Power Initiative provided for under
this heading in this Act: Provided further, That no part of the
sum herein made available shall be used for the field testing of
nuclear explosives in the recovery of oil and gas: Provided further,
That up to 4 percent of program direction funds available to the