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fice of the Solicitor, ‘‘Salaries and Expenses’’ account; and 
the Departmental Management, ‘‘Salaries and Expenses’’ 
account: Provided further, That funds made available to 
Tribes and Tribal organizations through contracts or 
grants obligated during fiscal year 2004, as authorized by 
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 
et seq.), shall remain available until expended by the con-
tractor or grantee: Provided further, That notwithstanding 
any other provision of law, the statute of limitations shall 
not commence to run on any claim, including any claim 
in litigation pending on the date of the enactment of this 
Act, concerning losses to or mismanagement of trust 
funds, until the affected tribe or individual Indian has 
been furnished with an accounting of such funds from 
which the beneficiary can determine whether there has 
been a loss: Provided further, That notwithstanding any 
other provision of law, the Secretary shall not be required 
to provide a quarterly statement of performance for any 
Indian trust account that has not had activity for at least 
18 months and has a balance of $1.00 or less: Provided 
further, That the Secretary shall issue an annual account 
statement and maintain a record of any such accounts and 
shall permit the balance in each such account to be with-
drawn upon the express written request of the account 
holder: Provided further, That not to exceed $50,000 is
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available for the Secretary to make payments to correct 
administrative errors of either disbursements from or de-
posits to Individual Indian Money or Tribal accounts after 
September 30, 2002: Provided further, That erroneous 
payments that are recovered shall be credited to and re-
main available in this account for this purpose.
INDIAN LAND CONSOLIDATION 
For consolidation of fractional interests in Indian 
lands and expenses associated with redetermining and re-
distributing escheated interests in allotted lands, and for 
necessary expenses to carry out the Indian Land Consoli-
dation Act of 1983, as amended, by direct expenditure or 
cooperative agreement, $20,980,000, to remain available 
until expended.
NATURAL RESOURCE DAMAGE ASSESSMENT AND 
RESTORATION 
NATURAL RESOURCE DAMAGE ASSESSMENT FUND 
To conduct natural resource damage assessment and 
restoration activities by the Department of the Interior 
necessary to carry out the provisions of the Comprehensive 
Environmental Response, Compensation, and Liability 
Act, as amended (42 U.S.C. 9601 et seq.), Federal Water 
Pollution Control Act, as amended (33 U.S.C. 1251 et 
seq.), the Oil Pollution Act of 1990 (Public Law 101–380) 
(33 U.S.C. 2701 et seq.), and Public Law 101–337, as
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amended (16 U.S.C. 19jj et seq.), $5,633,000, to remain 
available until expended.
ADMINISTRATIVE PROVISIONS 
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may 
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That notwithstanding any 
other provision of law, existing aircraft being replaced may 
be sold, with proceeds derived or trade-in value used to 
offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated 
funds in the ‘‘Departmental Management’’, ‘‘Office of the 
Solicitor’’, and ‘‘Office of Inspector General’’ may be aug-
mented through the Working Capital Fund or the Consoli-
dated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE 
INTERIOR 
SEC. 101. Appropriations made in this title shall be 
available for expenditure or transfer (within each bureau 
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft, 
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
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able under this authority until funds specifically made 
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That 
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, and must be re-
plenished by a supplemental appropriation which must be 
requested as promptly as possible. 
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title, 
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of wildland fires on or threatening lands 
under the jurisdiction of the Department of the Interior; 
for the emergency rehabilitation of burned-over lands 
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or 
other unavoidable causes; for contingency planning subse-
quent to actual oil spills; for response and natural resource 
damage assessment activities related to actual oil spills; 
for the prevention, suppression, and control of actual or 
potential grasshopper and Mormon cricket outbreaks on 
lands under the jurisdiction of the Secretary, pursuant to 
the authority in section 1773(b) of Public Law 99–198
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(99 Stat. 1658); for emergency reclamation projects under 
section 410 of Public Law 95–87; and shall transfer, from 
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be 
necessary to permit assumption of regulatory authority in 
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided, 
That appropriations made in this title for wildland fire 
operations shall be available for the payment of obligations 
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with 
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
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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-
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
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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 
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.
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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 
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
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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 
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. A grazing permit or lease that expires (or 
is transferred) during fiscal year 2004 shall be renewed 
under section 402 of the Federal Land Policy and Man-
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agement Act of 1976, as amended (43 U.S.C. 1752) or, 
if applicable, section 510 of the California Desert Protec-
tion Act (16 U.S.C. 410aaa–50). The terms and condi-
tions contained in the expiring permit or lease shall con-
tinue 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 such terms 
and conditions as the Secretary may prescribe, for the life-
time 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 pro-
bate cases in the Department of the Interior, the hearing
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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-
tion in Tribal Priority Allocation funds of more than 10 
percent in fiscal year 2004. Under circumstances of dual 
enrollment, overlapping service areas or inaccurate dis-
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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 2004 
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, 
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
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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. 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. 121. 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 
2003, 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. 
SEC. 122. WHITE RIVER OIL SHALE MINE, UTAH. 
SALE.—Subject to the terms and conditions of section 126 
of the Department of the Interior and Related Agencies 
Act, 2002, the Administrator of General Services 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. 123. 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
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purpose of capturing and transporting horses and burros. 
The provisions of subsection (a) of the Act of September 
8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such 
use. Such use shall be in accordance with humane proce-
dures prescribed by the Secretary. 
SEC. 124. 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. 125. 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. 
SEC. 126. 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.
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SEC. 127. 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. 128. None of the funds in this or any other Act 
can be used to compensate the Special Master and the 
Special Master-Monitor, and all variations thereto, ap-
pointed by the United States District Court for the Dis-
trict 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-Balti-
more locality pay area. 
SEC. 129. 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 
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
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District Court for the District of Columbia for counsel in 
Cobell v. Norton. 
SEC. 130. 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, intended 
for harvest, that are released from Federally operated or 
Federally financed hatcheries including but not limited to 
fish releases of coho, chinook, and steelhead species. 
Marked fish must have a visible mark that can be readily 
identified by commercial and recreational fishers. 
SEC. 131. Such sums as may be necessary from ‘‘De-
partmental Management, Salaries and Expenses’’, may be 
transferred to ‘‘United States Fish and Wildlife Service, 
Resource Management’’ for operational needs at the Mid-
way Atoll National Wildlife Refuge airport. 
SEC. 132. 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. 133. Section 122 of division F of Public Law 
108–7 is amended as follows: 
(a) Paragraph 122(a)(4) is amended to read—
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‘‘(4) TRIBALLY
CONTROLLED
SCHOOL.—The 
term ‘tribally controlled school’ means a school that 
currently receives a grant under the Tribally Con-
trolled Schools Act of 1988, as amended (25 U.S.C. 
2501 et seq.) or is determined by the Secretary to 
meet the eligibility criteria of section 5205 of the 
Tribally Controlled Schools Act of 1988, as amended 
(25 U.S.C. 2504).’’. 
(b) Paragraph 122(b)(1) is amended by striking the 
second sentence and inserting: ‘‘The Secretary shall en-
sure that applications for funding to replace schools cur-
rently receiving funding for facility operation and mainte-
nance from the Bureau of Indian Affairs receive the high-
est priority for grants under this section. Among such ap-
plications, the Secretary shall give priority to applications 
of Indian tribes that agree to fund all future facility oper-
ation and maintenance costs of the tribally controlled 
school funded under the demonstration program from 
other than Federal funds.’’. 
(c) Subsection (c) is amended by inserting after ‘‘EF-
FECT OF GRANT.—’’ the following: ‘‘(1) Except as pro-
vided in paragraph (2) of this subsection,’’ and is further 
amended by adding the following new paragraph: 
‘‘(2) A tribe receiving a grant for construction 
of a tribally controlled school under this section shall
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not be eligible to receive funding from the Bureau 
of Indian Affairs for that school for education oper-
ations or facility operation and maintenance if the 
school that was not at the time of the grant: (i) a 
school receiving funding for education operations or 
facility operation and maintenance under the Trib-
ally Controlled Schools Act or the Indian Self-Deter-
mination and Education Assistance Act or (ii) a 
school operated by the Bureau of Indian Affairs.’’. 
SEC. 134. The Secretary of the Interior shall within 
180 days of the enactment of this Act submit to the House 
and Senate Committees on Appropriations a report that 
describes the condition and adequacy of educational facili-
ties available to the Eastern Band of Cherokee Indians, 
the availability of lands necessary for the construction of 
any necessary new or replacement education facilities, and 
the impacts that construction of such facilities might have 
on natural, cultural, and other resources present within 
the Great Smoky Mountains National Park and the Blue 
Ridge Parkway. The report shall specifically address the 
resource implications of the land exchange described in 
H.R. 1409, ‘‘The Eastern Band of Cherokee Indians Land 
Exchange Act of 2002’’ as introduced in the 108th Con-
gress. The Secretary shall consult with the Eastern Band 
of Cherokee Indians in preparing the report.
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LAND EXCHANGE, WORLD WAR I NATIONAL MEMORIAL, 
MOJAVE NATIONAL PRESERVE 
SEC. 135. (a) EXCHANGE REQUIRED.—In exchange 
for the private property described in subsection (b), the 
Secretary of the Interior shall convey to the Veterans 
Home of California-Barstow, Veterans of Foreign Wars 
Post #385E (in this section referred to as the ‘‘recipi-
ent’’), all right, title, and interest of the United States 
in and to a parcel of real property consisting of approxi-
mately one acre in the Mojave National Preserve and des-
ignated (by section 8137 of the Department of Defense 
Appropriations Act, 2002 (Public Law 101–117; 115 Stat. 
2278)) as a national memorial commemorating United 
States participation in World War I and honoring the 
American veterans of that war. Notwithstanding the con-
veyance of the property under this subsection, the Sec-
retary shall continue to carry out the responsibilities of 
the Secretary under such section 8137. 
(b) CONSIDERATION.—As consideration for the prop-
erty to be conveyed by the Secretary under subsection (a), 
Mr. and Mrs. Henry Sandoz of Mountain Pass, California, 
have agreed to convey to the Secretary a parcel of real 
property consisting of approximately five acres, identified 
as parcel APN 569–051–44, and located in the west 1⁄2 
of the northeast 1⁄4 of the northwest 1⁄4 of the northwest
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1⁄4 of section 11, township 14 north, range 15 east, San 
Bernardino base and meridian. 
(c) EQUAL VALUE EXCHANGE; APPRAISAL.—The 
values of the properties to be exchanged under this section 
shall be equal or equalized as provided in subsection (d). 
The value of the properties shall be determined through 
an appraisal performed by a qualified appraiser in con-
formance with the Uniform Appraisal Standards for Fed-
eral Land Acquisitions (Department of Justice, December 
2000). 
(d) CASH EQUALIZATION.—Any difference in the 
value of the properties to be exchanged under this section 
shall be equalized through the making of a cash equali-
zation payment. The Secretary shall deposit any cash 
equalization payment received by the Secretary under this 
subsection in the Land and Water Conservation Fund. 
(e) REVERSIONARY CLAUSE.—The conveyance under 
subsection (a) shall be subject to the condition that the 
recipient maintain the conveyed property as a memorial 
commemorating United States participation in World War 
I and honoring the American veterans of that war. If the 
Secretary determines that the conveyed property is no 
longer being maintained as a war memorial, the property 
shall revert to the ownership of the United States.
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(f) BOUNDARY ADJUSTMENT; ADMINISTRATION OF 
ACQUIRED LAND.—The boundaries of the Mojave Na-
tional Preserve shall be adjusted to reflect the land ex-
change required by this section. The property acquired by 
the Secretary under this section shall become part of the 
Mojave National Preserve and be administered in accord-
ance with the laws, rules, and regulations generally appli-
cable to the Mojave National Preserve.
BLUE RIDGE NATIONAL HERITAGE AREA 
SEC. 136. (a) SHORT TITLE.—This section may be 
cited as the ‘‘Blue Ridge National Heritage Area Act of 
2003’’. 
(b) FINDINGS AND PURPOSE.—
(1) FINDINGS.—Congress finds that: 
(A) The Blue Ridge Mountains and the ex-
tensive cultural and natural resources of the 
Blue Ridge Mountains have played a significant 
role in the history of the United States and the 
State of North Carolina. 
(B) Archaeological evidence indicates that 
the Blue Ridge Mountains have been inhabited 
by humans since the last retreat of the glaciers, 
with the Native Americans living in the area at 
the time of European discovery being primarily 
of Cherokee descent.
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(C) The Blue Ridge Mountains of western 
North Carolina, including the Great Smoky 
Mountains, played a unique and significant role 
in the establishment and development of the 
culture of the United States through several 
distinct legacies, including—
(i) the craft heritage that—
(I) was first influenced by the 
Cherokee Indians; 
(II) was the origin of the tradi-
tional craft movement starting in 
1900 and the contemporary craft 
movement starting in the 1940’s; and 
(III) is carried out by over 4,000 
craftspeople in the Blue Ridge Moun-
tains of western North Carolina, the 
third largest concentration of such 
people in the United States; 
(ii) a musical heritage comprised of 
distinctive instrumental and vocal tradi-
tions that—
(I) includes stringband music, 
bluegrass, ballad singing, blues, and 
sacred music;
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(II) has received national rec-
ognition; and 
(III) has made the region one of 
the richest repositories of traditional 
music and folklife in the United 
States; 
(iii) the Cherokee heritage—
(I) dating back thousands of 
years; and 
(II) offering—
(aa) nationally significant 
cultural traditions practiced by 
the Eastern Band of Cherokee 
Indians; 
(bb) 
authentic 
tradition 
bearers; 
(cc) historic sites; and 
(dd) historically important 
collections of Cherokee artifacts; 
and 
(iv) the agricultural heritage estab-
lished by the Cherokee Indians, including 
medicinal and ceremonial food crops, com-
bined with the historic European patterns 
of raising livestock, culminating in the
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largest number of specialty crop farms in 
North Carolina. 
(D) The artifacts and structures associated 
with those legacies are unusually well-preserved. 
(E) The Blue Ridge Mountains are recog-
nized as having one of the richest collections of 
historical resources in North America. 
(F) The history and cultural heritage of 
the Blue Ridge Mountains are shared with the 
States of Virginia, Tennessee, and Georgia. 
(G) there are significant cultural, eco-
nomic, and educational benefits in celebrating 
and promoting this mutual heritage. 
(H) according to the 2002 reports entitled 
‘‘The Blue Ridge Heritage and Cultural Part-
nership’’ and ‘‘Western North Carolina Na-
tional Heritage Area Feasibility Study and 
Plan’’, the Blue Ridge Mountains contain nu-
merous resources that are of outstanding im-
portance to the history of the United States. 
(I) it is in the interest of the United States 
to preserve and interpret the cultural and his-
torical resources of the Blue Ridge Mountains 
for the education and benefit of present and fu-
ture generations.
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(2) PURPOSE.—The purpose of this section is 
to foster a close working relationship with, and to 
assist, all levels of government, the private sector, 
and local communities in the State in managing, 
preserving, protecting, and interpreting the cultural, 
historical, and natural resources of the Heritage 
Area while continuing to develop economic opportu-
nities. 
(c) DEFINITIONS.—
(1) In this section: 
(A) HERITAGE AREA.—The term ‘‘Herit-
age Area’’ means the Blue Ridge National Her-
itage Area established by subsection (d). 
(B) MANAGEMENT
ENTITY.—The term 
‘‘management entity’’ means the management 
entity for the Heritage Area designated by sub-
section (d)(3). 
(C) 
MANAGEMENT
PLAN.—The 
term 
‘‘management plan’’ means the management 
plan for the Heritage Area approved under sub-
section (e). 
(D) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of the Interior. 
(E) STATE.—The term ‘‘State’’ means the 
State of North Carolina.
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(d) BLUE RIDGE NATIONAL HERITAGE AREA.—
(1) ESTABLISHMENT.—There is established the 
Blue Ridge National Heritage Area in the State. 
(2) BOUNDARIES.—The Heritage Area shall 
consist of the counties of Alleghany, Ashe, Avery, 
Buncombe, 
Burke, 
Caldwell, 
Cherokee, 
Clay, 
Graham, Haywood, Henderson, Jackson, McDowell, 
Macon, Madison, Mitchell, Polk, Rutherford, Surry, 
Swain, Transylvania, Watauga, Wilkes, Yadkin, and 
Yancey in the State. 
(3) MANAGEMENT ENTITY.—
(A) IN GENERAL.—As a condition of the 
receipt of funds made available under sub-
section (i), the Blue Ridge National Heritage 
Area Partnership shall be the management enti-
ty for the Heritage Area. 
(B) BOARD OF DIRECTORS.—
(i) COMPOSITION.—The management 
entity shall be governed by a board of di-
rectors composed of 9 members, of 
whom—
(I) 2 members shall be appointed 
by AdvantageWest;
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(II) 2 members shall be ap-
pointed by HandMade In America, 
Inc.; 
(III) 1 member shall be ap-
pointed by the Education Research 
Consortium of Western North Caro-
lina; 
(IV) 1 member shall be appointed 
by the Eastern Band of the Cherokee 
Indians; and 
(V) 3 members shall be ap-
pointed by the Governor of North 
Carolina and shall— 
(aa) reside in geographically 
diverse regions of the Heritage 
Area; 
(bb) be a representative of 
State or local governments or the 
private sector; and 
(cc) have knowledge of tour-
ism, economic and community de-
velopment, regional planning, his-
toric preservation, cultural or 
natural resources development, 
regional planning, conservation,
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recreational services, education, 
or museum services. 
(e) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this section, the manage-
ment entity shall submit to the Secretary for ap-
proval a management plan for the Heritage Area. 
(2) CONSIDERATION OF OTHER PLANS AND AC-
TIONS.—In developing the management plan, the 
management entity shall—
(A) for the purpose of presenting a unified 
preservation and interpretation plan, take into 
consideration Federal, State, and local plans; 
and 
(B) provide for the participation of resi-
dents, public agencies, and private organiza-
tions in the Heritage Area. 
(3) CONTENTS.—The management plan shall—
(A) present comprehensive recommenda-
tions and strategies for the conservation, fund-
ing, management, and development of the Her-
itage Area; 
(B) identify existing and potential sources 
of Federal and non-Federal funding for the
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conservation, management, and development of 
the Heritage Area; and 
(C) include—
(i) an inventory of the cultural, histor-
ical, natural, and recreational resources of 
the Heritage Area, including a list of prop-
erty that—
(I) relates to the purposes of the 
Heritage Area; and 
(II) should be conserved, re-
stored, managed, developed, or main-
tained because of the significance of 
the property; 
(ii) a program of strategies and ac-
tions for the implementation of the man-
agement plan that identifies the roles of 
agencies and organizations that are in-
volved in the implementation of the man-
agement plan; 
(iii) an interpretive and educational 
plan for the Heritage Area; 
(iv) a recommendation of policies for 
resource management and protection that 
develop 
intergovernmental 
cooperative 
agreements to manage and protect the cul-
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tural, historical, natural, and recreational 
resources of the Heritage Area; and 
(v) an analysis of ways in which Fed-
eral, State, and local programs may best 
be coordinated to promote the purposes of 
this section. 
(4) EFFECT
OF
FAILURE
TO
SUBMIT.—If a 
management plan is not submitted to the Secretary 
by the date described in paragraph (1), the Sec-
retary shall not provide any additional funding 
under this section until a management plan is sub-
mitted to the Secretary. 
(5) APPROVAL OR DISAPPROVAL OF MANAGE-
MENT PLAN.—
(A) IN GENERAL.—Not later than 90 days 
after receiving the management plan submitted 
under paragraph (1), the Secretary shall ap-
prove or disapprove the management plan. 
(B) CRITERIA.—In determining whether to 
approve the management plan, the Secretary 
shall consider whether the management plan—
(i) has strong local support from land-
owners, business interests, nonprofit orga-
nizations, and governments in the Heritage 
Area; and
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(ii) has a high potential for effective 
partnership mechanisms. 
(C) ACTION FOLLOWING DISAPPROVAL.—If 
the Secretary disapproves a management plan 
under subparagraph (A), the Secretary shall—
(i) advise the management entity in 
writing of the reasons for the disapproval; 
(ii) make recommendations for revi-
sions to the management plan; and 
(iii) allow the management entity to 
submit to the Secretary revisions to the 
management plan. 
(D) DEADLINE FOR APPROVAL OF REVI-
SION.—Not later than 60 days after the date on 
which a revision is submitted under subpara-
graph (C)(iii), the Secretary shall approve or 
disapprove the proposed revision. 
(6) AMENDMENT OF APPROVED MANAGEMENT 
PLAN.—
(A) IN GENERAL.—After approval by the 
Secretary of a management plan, the manage-
ment entity shall periodically—
(i) review the management plan; and 
(ii) submit to the Secretary, for review 
and approval, the recommendation of the
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management entity for any amendments to 
the management plan. 
(B) USE
OF
FUNDS.—No funds made 
available under subsection (i) shall be used to 
implement any amendment proposed by the 
management entity under subparagraph (A) 
until the Secretary approves the amendment. 
(f) AUTHORITIES AND DUTIES OF THE MANAGE-
MENT ENTITY.—
(1) AUTHORITIES.—For the purposes of devel-
oping and implementing the management plan, the 
management entity may use funds made available 
under subsection (i) to—
(A) make grants to, and enter into cooper-
ative agreements with, the State (including a 
political subdivision), nonprofit organizations, 
or persons; 
(B) hire and compensate staff; and 
(C) enter into contracts for goods and 
services. 
(2) DUTIES.—In addition to developing the 
management plan, the management entity shall—
(A) develop and implement the manage-
ment plan while considering the interests of di-
verse units of government, businesses, private
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property owners, and nonprofit groups in the 
Heritage Area; 
(B) conduct public meetings in the Herit-
age Area at least semiannually on the develop-
ment and implementation of the management 
plan; 
(C) give priority to the implementation of 
actions, goals, and strategies in the manage-
ment plan, including providing assistance to 
units of government, nonprofit organizations, 
and persons in—
(i) carrying out the programs that 
protect resources in the Heritage Area; 
(ii) encouraging economic viability in 
the Heritage Area in accordance with the 
goals of the management plan; 
(iii) establishing and maintaining in-
terpretive exhibits in the Heritage Area; 
(iv) developing recreational and edu-
cational opportunities in the Heritage 
Area; and 
(v) increasing public awareness of and 
appreciation for the cultural, historical, 
and natural resources of the Heritage 
Area; and
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(D) for any fiscal year for which Federal 
funds are received under subsection (i)—
(i) submit to the Secretary a report 
that describes, for the fiscal year—
(I) the accomplishments of the 
management entity; 
(II) the expenses and income of 
the management entity; and 
(III) each entity to which a grant 
was made; 
(ii) make available for audit by Con-
gress, the Secretary, and appropriate units 
of government, all records relating to the 
expenditure of funds and any matching 
funds; and 
(iii) require, for all agreements au-
thorizing expenditure of Federal funds by 
any entity, that the receiving entity make 
available for audit all records relating to 
the expenditure of funds. 
(3) PROHIBITION
ON
THE
ACQUISITION
OF 
REAL PROPERTY.—The management entity shall not 
use Federal funds received under subsection (i) to 
acquire real property or an interest in real property. 
(g) TECHNICAL AND FINANCIAL ASSISTANCE.—
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(1) IN GENERAL.—The Secretary may provide 
to the management entity technical assistance and, 
subject to the availability of appropriations, financial 
assistance, for use in developing and implementing 
the management plan. 
(2) PRIORITY FOR ASSISTANCE.—In providing 
assistance under subsection (a), the Secretary shall 
give priority to actions that facilitate—
(A) the preservation of the significant cul-
tural, historical, natural, and recreational re-
sources of the Heritage Area; and 
(B) the provision of educational, interpre-
tive, and recreational opportunities that are 
consistent with the resources of the Heritage 
Area. 
(h) LAND USE REGULATION.—
(1) IN GENERAL.—Nothing in this section—
(A) grants any power of zoning or land use 
to the management entity; or 
(B) modifies, enlarges, or diminishes any 
authority of the Federal Government or any 
State or local government to regulate any use 
of land under any law (including regulations). 
(2) PRIVATE PROPERTY.—Nothing in this sec-
tion—
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(A) abridges the rights of any person with 
respect to private property; 
(B) affects the authority of the State or 
local government with respect to private prop-
erty; or 
(C) imposes any additional burden on any 
property owner. 
(i) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section $10,000,000, 
of which not more than $1,000,000 shall be made 
available for any fiscal year. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost of any activities carried out using 
Federal funds made available under subsection (a) 
shall be not less than 50 percent. 
(j) TERMINATION OF AUTHORITY.—The authority of 
the Secretary to provide assistance under this section ter-
minates on the date that is 15 years after the date of en-
actment of this section. 
EXPEDITED PROCEDURES FOR INDIAN TRUST 
ACCOUNTING 
SEC. 137. (a) IN GENERAL.—Notwithstanding any 
other provision of law, any claim against the United States 
arising out of any obligation of the United States or any 
of its agencies or officials relating to the conduct of an
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accounting, or the balance of, any individual Indian money 
account arising prior to December 31, 2000 shall be gov-
erned by the provisions of this section. 
(b) STATISTICAL SAMPLING.—Not later than one 
year following the date of enactment of this Act, the Sec-
retary shall formulate a statistical sampling evaluation to 
assess the administration of individual Indian money ac-
counts for those accounts that were open as of December 
31, 2000, and all individual Indian money accounts that 
were open as of October 25, 1994, or opened thereafter 
but closed as of December 31, 2000. The statistical sam-
pling evaluation described in this subsection shall be con-
ducted in a manner the Secretary deems feasible and ap-
propriate given the availability of records, data, and other 
historic information, and shall estimate, so as to achieve 
a ninety-eight percent confidence level, the rate of past 
accounting error, if any, for each group or categories of 
individual Indian money accounts. The Secretary shall 
complete a statistical sampling evaluation covering all sub-
ject accounts within four years of the date of enactment 
of this Act. 
(c) CERTIFICATION.—Upon completion of a statis-
tical sampling evaluation for a category or group of indi-
vidual Indian money accounts, the Secretary shall certify
HR 2691 RH 
completion of the evaluation and publish such certification 
in the Federal Register. 
(d) ADJUSTMENT OF ACCOUNTS.—
(1) Within 180 days following any certification 
under subsection (c), the Secretary shall adjust any 
individual Indian money accounts covered by that 
certification. The Secretary shall base such adjust-
ment on application of the error rate, if any, deter-
mined by the statistical sampling to the average 
transaction amount for transactions in an account. 
In addition, the Secretary may also consider any fac-
tual information regarding the particular account at 
issue in adjusting the account. 
(2) Amounts necessary for adjustments to indi-
vidual Indian money accounts shall be derived from 
the claims and judgment appropriation provided by 
31 U.S.C. 1304 in the same manner as payment of 
judgments received by the Court of Federal Claims 
under 28 U.S.C. 2414. 
(e) NO DOWNWARD ADJUSTMENT.—The Secretary 
may consider both positive and negative errors in esti-
mating a rate of past accounting error, but in no event 
shall the Secretary adjust the balance of an account down-
ward under this Act. In the event that the Secretary deter-
mines that the rate of past accounting error for an ac-
HR 2691 RH 
count is zero or negative, the Secretary shall make an ad-
justment of zero to that account. Such a zero adjustment 
shall constitute an ‘‘adjustment’’ as defined in this section. 
(f) JUDICIAL REVIEW.—
(1) Notwithstanding any other provision of law, 
judicial review of, or judicial relief with respect to, 
any action of the United States or any of its agen-
cies or officials in carrying out the provisions of this 
section shall be made solely in accordance with this 
subsection. 
(2) Judicial review of any agency action related 
to an individual Indian money account performed 
pursuant to this section may be had only by the fil-
ing of a petition for review in the United States 
Court of Appeals for the District of Columbia no 
later than 60 days after the Secretary’s adjustment 
of an account. Such review shall be conducted in ac-
cordance with chapter 7 of part I of title 5, United 
States Code (5 U.S.C. 701, et seq.). 
(3) Except to the extent, if any, that review 
may be required by the Constitution of the United 
States, no court shall have jurisdiction to review, 
grant, or enforce any relief with respect to any ac-
tion of the United States or any of its agencies or 
officials in carrying out any obligation described in
HR 2691 RH 
subsection (a) other than pursuant to paragraph (2). 
The provisions of this paragraph shall apply to any 
litigation filed before, on, or after the date of enact-
ment of this section. 
(g) ACCOUNT BALANCES.—The balance of any ac-
count as determined under this Act, including judicial re-
view in accordance with subsection (f), shall conclusively 
constitute the new balance of the account as of December 
31, 2000, and shall not be subject to any further adjust-
ment based upon events or occurrences prior to that date. 
(h) VOLUNTARY SETTLEMENT OF CLAIMS.—Prior to 
commencing the statistical evaluation provided in sub-
section (b), the Secretary may, at the Secretary’s discre-
tion, resolve any claim or group of claims described in sub-
section (a) through voluntary settlement with any holder 
or holders of individual Indian money accounts. Such vol-
untary settlement shall be paid from the claims and judg-
ment appropriation as provided in subsection (d) and shall 
conclusively resolve claims under subsection (a). The hold-
er of the account who settles shall not be entitled to any 
further adjustment under this section. 
(i) REGULATIONS.—The Secretary may adopt such 
regulations, as the Secretary deems necessary to imple-
ment this section.
HR 2691 RH 
(j) REPORT TO CONGRESS.—The Secretary shall re-
port to the House and Senate Committees on Appropria-
tions, the House Committee on Resources, and the Senate 
Committee on Indian Affairs regarding the progress of 
statistical sampling evaluations at least once every cal-
endar year until the Secretary has adjusted all accounts 
covered by this Act. 
(k) DEFINITIONS.—As used in this Act: 
(1) The term ‘‘statistical sampling evaluation’’ 
means an analysis of a selected statistically appro-
priate sample drawn from a group or groups of 
transactions or other data. 
(2) The term ‘‘individual Indian money ac-
counts’’ means account balances for funds held in 
trust by the United States for the benefit of an indi-
vidual Indian which are deposited or invested pursu-
ant to the Act of June 24, 1938 (25 U.S.C. 162a), 
but shall not include accounts classified by the Sec-
retary as Special Deposit, Judgment, or Per Capita 
accounts. 
(3) The term ‘‘adjust’’ means to revise the bal-
ance of the account pursuant to this Act. 
(4) The term ‘‘Secretary’’ means the Secretary 
of the Interior.
HR 2691 RH 
SEC. 138. None of the funds in this or any other Act 
may be used by the Department of the Interior to support 
the Klamath Fishery Management Council. 
SEC. 139. Notwithstanding any other provision of 
law, the United States Fish and Wildlife Service, here-
tofore and hereafter, may use funds for incidental ex-
penses related to encouraging public participation in Serv-
ice programs, and may use up to $2,000,000 per year for 
contracts for employment-related legal services. 
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, $267,230,000, to remain 
available until expended: Provided, That of the funds pro-
vided, $49,428,000 is for the forest inventory and analysis 
program.
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 
invasive or noxious plants and for restoring and rehabili-
tating forests damaged by pests or invasive plants, cooper-
HR 2691 RH 
ative forestry, and education and land conservation activi-
ties and conducting an international program as author-
ized, $290,758,000, to remain available until expended, as 
authorized by law: Provided, That none of the funds pro-
vided under this heading for the acquisition of lands or 
interests in lands shall be available until the Forest Serv-
ice notifies the House Committee on Appropriations and 
the Senate Committee on Appropriations, in writing, of 
specific contractual and grant details including the non-
Federal cost share of each project, related to the acquisi-
tion of lands or interests in lands to be undertaken with 
such funds: Provided further, That each forest legacy 
grant shall be for a specific project or set of specific tasks: 
Provided further, That grants for acquisition of lands or 
conservation easements shall require that the State dem-
onstrates 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, 
$1,400,792,000, 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
HR 2691 RH 
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 2004 shall be displayed by budget 
line item in the fiscal year 2005 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 and 
for the performance of cadastral surveys to designate the 
boundaries of such lands. 
For an additional amount to reimburse the Judgment 
Fund as required by 41 U.S.C. 612(c) for judgment liabil-
ities previously incurred, $188,405,000.
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 fuels re-
duction on or adjacent to such lands, and for emergency 
rehabilitation of burned-over National Forest System 
lands and water, $1,624,632,000, 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-
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viously transferred for such purposes: Provided further, 
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 2003 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 funds for Fire 
Science Research: Provided further, That funds provided 
shall be available for emergency rehabilitation and restora-
tion, hazardous fuels reduction activities in the urban-
wildland interface, support to Federal emergency re-
sponse, and wildfire suppression activities of the Forest 
Service: Provided further, That of the funds provided, 
$246,392,000 is for hazardous fuels reduction activities, 
$40,000,000 is for rehabilitation and restoration, 
$22,000,000 is for research activities and to make com-
petitive research grants pursuant to the Forest and
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Rangeland Renewable Resources Research Act, as amend-
ed (16 U.S.C. 1641 et seq.), $51,000,000 is for State fire 
assistance, $8,240,000 is for volunteer fire assistance, 
$25,000,000 is for forest health activities on State, pri-
vate, and Federal lands, and $6,000,000 is for economic 
action programs: Provided further, That amounts in this 
paragraph may be transferred to the ‘‘State and Private 
Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and 
Rangeland Research’’ accounts to fund State fire assist-
ance, volunteer fire assistance, forest health management, 
economic action programs, forest and rangeland research, 
vegetation and watershed management, heritage site reha-
bilitation, and wildlife and fish habitat management 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 the House report accompanying 
this Act: 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 addition to funds provided for State Fire Assist-
ance programs, and subject to all authorities available to 
the Forest Service under the State and Private Forestry
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Appropriations, up to $15,000,000 may be used on adja-
cent non-Federal lands for the purpose of protecting com-
munities when hazard reduction activities are planned on 
national forest lands that have the potential to place such 
communities at risk: Provided further, That included in 
funding for hazardous fuel reduction is $5,000,000 for im-
plementing the Community Forest Restoration Act, Public 
Law 106–393, title VI, and any portion of such funds 
shall be available for use on non-Federal lands in accord-
ance with authorities available to the Forest Service under 
the State and Private Forestry Appropriation: Provided 
further, That in using the funds provided in this Act for 
hazardous fuels reduction activities, the Secretary of Agri-
culture may conduct fuel reduction treatments on Federal 
lands using all contracting and hiring authorities available 
to the Secretary applicable to hazardous fuel reduction ac-
tivities under the wildland fire management accounts: Pro-
vided further, That notwithstanding Federal Government 
procurement and contracting laws, the Secretaries may 
conduct fuel reduction treatments, rehabilitation and res-
toration, and other activities authorized under this head-
ing on and adjacent to Federal lands using grants and 
cooperative agreements: Provided further, That notwith-
standing Federal Government procurement and con-
tracting laws, in order to provide employment and training
HR 2691 RH 
opportunities to people in rural communities, the Secre-
taries may award contracts, including contracts for moni-
toring activities, to local private, non-profit, or cooperative 
entities; Youth Conservation Corps crews or related part-
nerships, with State, local and non-profit youth groups; 
small or micro-businesses; or other entities that will hire 
or train a significant percentage of local people to com-
plete such contracts: Provided further, That the authorities 
described above relating to contracts, grants, and coopera-
tive agreements are available until all funds provided in 
this title for hazardous fuels reduction activities in the 
urban wildland interface are obligated: Provided further, 
That the Secretary of the Interior and the Secretary of 
Agriculture may authorize the transfer of funds appro-
priated for wildland fire management, in an aggregate 
amount not to exceed $12,000,000, between the Depart-
ments when such transfers would facilitate and expedite 
jointly funded wildland fire management programs and 
projects.
CAPITAL IMPROVEMENT AND MAINTENANCE 
For necessary expenses of the Forest Service, not 
otherwise provided for, $560,473,000, to remain available 
until expended for construction, reconstruction, mainte-
nance and acquisition of buildings and other facilities, and 
for construction, reconstruction, repair, decommissioning,
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and maintenance of forest roads and trails by the Forest 
Service as authorized by 16 U.S.C. 532–538 and 23 
U.S.C. 101 and 205: Provided, That up to $15,000,000 
of the funds provided herein for road maintenance shall 
be available for the decommissioning of roads, including 
unauthorized roads not part of the transportation system, 
which are no longer needed: Provided further, That no 
funds shall be expended to decommission any system road 
until notice and an opportunity for public comment has 
been provided on each decommissioning project.
LAND ACQUISITION 
For expenses necessary to carry out the provisions 
of the Land and Water Conservation Fund Act of 1965, 
as amended (16 U.S.C. 460l–4 through 11), including ad-
ministrative expenses, and for acquisition of land or wa-
ters, or interest therein, in accordance with statutory au-
thority applicable to the Forest Service, $29,288,000, to 
be derived from the Land and Water Conservation Fund 
and to remain available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL 
ACTS 
For acquisition of lands within the exterior bound-
aries of the Cache, Uinta, and Wasatch National Forests, 
Utah; the Toiyabe National Forest, Nevada; and the An-
geles, San Bernardino, Sequoia, and Cleveland National
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Forests, California, as authorized by law, $1,069,000, to 
be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES 
For acquisition of lands, such sums, to be derived 
from funds deposited by State, county, or municipal gov-
ernments, public school districts, or other public school au-
thorities, and for authorized expenditures from funds de-
posited by non-federal parties pursuant to Land Sale and 
Exchange Acts, pursuant to the Act of December 4, 1967, 
as amended (16 U.S.C. 484a), to remain available until 
expended.
RANGE BETTERMENT FUND 
For necessary expenses of range rehabilitation, pro-
tection, and improvement, 50 percent of all moneys re-
ceived during the prior fiscal year, as fees for grazing do-
mestic livestock on lands in National Forests in the 16 
Western States, pursuant to section 401(b)(1) of Public 
Law 94–579, as amended, to remain available until ex-
pended, of which not to exceed 6 percent shall be available 
for administrative expenses associated with on-the-ground 
range rehabilitation, protection, and improvements.
HR 2691 RH 
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND 
RANGELAND RESEARCH 
For expenses authorized by 16 U.S.C. 1643(b), 
$92,000, to remain available until expended, to be derived 
from the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR 
SUBSISTENCE USES 
For necessary expenses of the Forest Service to man-
age federal lands in Alaska for subsistence uses under title 
VIII of the Alaska National Interest Lands Conservation 
Act (Public Law 96–487), $5,535,000, to remain available 
until expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE 
Appropriations to the Forest Service for the current 
fiscal year shall be available for: (1) purchase of not to 
exceed 124 passenger motor vehicles of which 21 will be 
used primarily for law enforcement purposes and of which 
124 shall be for replacement; acquisition of 25 passenger 
motor vehicles from excess sources, and hire of such vehi-
cles; operation and maintenance of aircraft, the purchase 
of not to exceed seven for replacement only, and acquisi-
tion of sufficient aircraft from excess sources to maintain 
the operable fleet at 195 aircraft for use in Forest Service 
wildland fire programs and other Forest Service programs; 
notwithstanding other provisions of law, existing aircraft
100
HR 2691 RH 
being replaced may be sold, with proceeds derived or 
trade-in value used to offset the purchase price for the 
replacement aircraft; (2) services pursuant to 7 U.S.C. 
2225, and not to exceed $100,000 for employment under 
5 U.S.C. 3109; (3) purchase, erection, and alteration of 
buildings and other public improvements (7 U.S.C. 2250); 
(4) acquisition of land, waters, and interests therein pur-
suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 
Volunteers in the National Forest Act of 1972 (16 U.S.C. 
558a, 558d, and 558a note); (6) the cost of uniforms as 
authorized by 5 U.S.C. 5901–5902; and (7) for debt col-
lection contracts in accordance with 31 U.S.C. 3718(c). 
None of the funds made available under this Act shall 
be obligated or expended to abolish any region, to move 
or close any regional office for National Forest System 
administration of the Forest Service, Department of Agri-
culture without the consent of the House and Senate Com-
mittees on Appropriations. 
Any appropriations or funds available to the Forest 
Service may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency re-
habilitation of burned-over or damaged lands or waters 
under its jurisdiction, and fire preparedness due to severe 
burning conditions if and only if all previously appro-
priated emergency contingent funds under the heading
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‘‘Wildland Fire Management’’ have been released by the 
President and apportioned and all funds under the head-
ing ‘‘Wildland Fire Management’’ are obligated. 
Funds appropriated to the Forest Service shall be 
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Serv-
ice in connection with forest and rangeland research, tech-
nical information, and assistance in foreign countries, and 
shall be available to support forestry and related natural 
resource activities outside the United States and its terri-
tories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States 
and international organizations. 
None of the funds made available to the Forest Serv-
ice under this Act shall be subject to transfer under the 
provisions of section 702(b) of the Department of Agri-
culture 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 con-
tained in the House report accompanying this Act. 
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 ac-
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cordance with the procedures contained in the House re-
port accompanying this Act. 
No funds available to the Forest Service shall be 
transferred to the Working Capital Fund of the Depart-
ment of Agriculture that exceed the total amount trans-
ferred 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 avail-
able 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 Conserva-
tion Corps. 
Of the funds available to the Forest Service, $2,500 
is available to the Chief of the Forest Service for official 
reception and representation expenses. 
Pursuant to sections 405(b) and 410(b) of Public 
Law 101–593, of the funds available to the Forest Service, 
$3,000,000 may be advanced in a lump sum to the Na-
tional Forest Foundation to aid conservation partnership 
projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for ad-
ministrative expenses or projects on or benefitting Na-
tional Forest System lands or related to Forest Service 
programs: Provided, That of the Federal funds made
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available to the Foundation, no more than $300,000 shall 
be available for administrative expenses: Provided further, 
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 made available 
by the Forest Service: Provided further, That the Founda-
tion may transfer Federal funds to a non-Federal recipient 
for a project at the same rate that the recipient has ob-
tained the non-Federal matching funds: Provided further, 
That authorized investments of Federal funds held by the 
Foundation may be made only in interest-bearing obliga-
tions of the United States or in obligations guaranteed as 
to both principal and interest by the United States. 
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 to aid 
conservation partnership projects in support of the Forest 
Service mission, without regard to when expenses are in-
curred, for projects on or benefitting National Forest Sys-
tem lands or related to Forest Service programs: Provided, 
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
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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 as-
sistance to rural communities for sustainable rural devel-
opment purposes. 
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. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Agriculture shall submit 
to Congress, and make available to interested persons, a 
report containing the results of a management review of 
outfitter and guiding operations in the John Muir, Ansel 
Adams, and Dinkey Lakes Wilderness Areas of the Inyo 
and Sierra National Forests, California. The report shall 
include information regarding: (1) how the Secretary in-
tends to minimize adverse impacts on the historic access 
rights of special use permittees in these three wilderness 
areas; and (2) how the Secretary intends to ensure timely
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compliance with the requirements of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
Notwithstanding any other provision of law, any ap-
propriations 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 Agri-
culture, for travel and related expenses incurred as a re-
sult of OGC assistance or participation requested by the 
Forest Service at meetings, training sessions, management 
reviews, land purchase negotiations and similar non-litiga-
tion related matters. 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.
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 $1,000,000. 
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 with-
out further appropriation and until expended for mainte-
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nance and rehabilitation activities on the Green Mountain 
National Forest. 
The Secretary of Agriculture may transfer or reim-
burse funds available to the Forest Service, not to exceed 
$15,000,000, to the Secretary of the Interior or the Sec-
retary of Commerce to expedite conferencing and consulta-
tions as required under section 7 of the Endangered Spe-
cies Act, 16 U.S.C. 1536. The amount of the transfer or 
reimbursement shall be as mutually agreed by the Sec-
retary of Agriculture and the Secretary of the Interior or 
Secretary of Commerce, as applicable, or their designees. 
The amount shall in no case exceed the actual costs of 
consultation and conferencing. 
Beginning on June 30, 2001 and concluding on De-
cember 31, 2004, an eligible individual who is employed 
in any project funded under Title V of the Older American 
Act of 1965 (42 U.S.C. 3056 et seq.) and administered 
by the Forest Service shall be considered to be a Federal 
employee for purposes of chapter 171 of title 28, United 
States Code.
DEPARTMENT OF ENERGY 
CLEAN COAL TECHNOLOGY 
(DEFERRAL) 
Of the funds made available under this heading for 
obligation in prior years, $86,000,000 shall not be avail-
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able until October 1, 2004: Provided, That funds made 
available in previous appropriations Acts shall be available 
for any ongoing project regardless of the separate request 
for proposal under which the project was selected.
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, includ-
ing defeasible and equitable interests in any real property 
or any facility or for plant or facility acquisition or expan-
sion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing, 
use, and disposal of mineral substances without objection-
able social and environmental costs (30 U.S.C. 3, 1602, 
and 1603), $609,290,000 to remain available until ex-
pended, of which $2,000,000 is to continue a multi-year 
project for construction, renovation, furnishing, and demo-
lition or removal of buildings at National Energy Tech-
nology Laboratory facilities in Morgantown, West Virginia 
and Pittsburgh, Pennsylvania; and of which $130,000,000 
are to be made available, after coordination with the pri-
vate sector, for a request for proposals for a Clean Coal 
Power Initiative providing for competitively-awarded re-
search, development, and demonstration projects to reduce
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the barriers to continued and expanded coal use: Provided, 
That no project may be selected for which sufficient fund-
ing is not available to provide for the total project: Pro-
vided 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 in-
clude provisions for repayment of Government contribu-
tions to individual projects in an amount up to the Govern-
ment contribution to the project on terms and conditions 
that are acceptable to the Department including repay-
ments 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 se-
lected under this program shall be considered a Clean Coal 
Technology, and any project selected under this program 
shall be considered 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 no part of the sum herein made 
available shall be used for the field testing of nuclear ex-
plosives in the recovery of oil and gas: Provided further, 
That up to 4 percent of program direction funds available
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to the National Energy Technology Laboratory may be 
used to support Department of Energy activities not in-
cluded in this account.
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For expenses necessary to carry out naval petroleum 
and oil shale reserve activities, $20,500,000, 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 
Teachers’ Retirement Fund from the Elk Hills School 
Lands Fund.
ENERGY CONSERVATION 
For necessary expenses in carrying out energy con-
servation activities, $879,487,000, to remain available 
until expended: Provided, That $270,000,000 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)
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of Public Law 99–509, such sums shall be allocated to 
the eligible programs as follows: $225,000,000 for weath-
erization assistance grants and $45,000,000 for State en-
ergy 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 Re-
serve facility development and operations and program 
management activities pursuant to the Energy Policy and 
Conservation Act of 1975, as amended (42 U.S.C. 6201 
et seq.), $175,081,000, to remain available until expended.
NORTHEAST HOME HEATING OIL RESERVE 
For necessary expenses for Northeast Home Heating 
Oil Reserve storage, operations, and management activi-
ties 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, $82,111,000, 
to remain available until expended.
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ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY 
Appropriations under this Act for the current fiscal 
year shall be available for hire of passenger motor vehicles; 
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 
finance authorized price support or loan guarantee pro-
grams unless specific provision is made for such programs 
in an appropriations Act. 
The Secretary is authorized to accept lands, build-
ings, 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 Secretary of Energy, to be available until
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expended, and used only for plant construction, operation, 
costs, and payments to cost-sharing entities as provided 
in appropriate cost-sharing contracts or agreements: Pro-
vided further, That the remainder of revenues after the 
making of such payments shall be covered into the Treas-
ury as miscellaneous receipts: Provided further, That any 
contract, agreement, or provision thereof entered into by 
the Secretary pursuant to this authority shall not be exe-
cuted prior to the expiration of 30 calendar days (not in-
cluding 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, in-
cluding 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 
procurement documents for programs or projects for 
which appropriations have not been made. 
In addition to other authorities set forth in this Act, 
the Secretary may accept fees and contributions from pub-
lic and private sources, to be deposited in a contributed 
funds account, and prosecute projects using such fees and
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contributions in cooperation with other Federal, State or 
private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion Act, the Indian Health Care Improvement Act, and 
titles II and III of the Public Health Service Act with re-
spect to the Indian Health Service, $2,556,082,000, to-
gether with payments received during the fiscal year pur-
suant to 42 U.S.C. 238(b) for services furnished by the 
Indian Health Service: Provided, That funds made avail-
able to tribes and tribal organizations through contracts, 
grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Edu-
cation 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: Pro-
vided further, That $18,000,000 shall remain available 
until expended, for the Indian Catastrophic Health Emer-
gency Fund: Provided further, That $460,046,000 for con-
tract medical care shall remain available for obligation
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until September 30, 2005: Provided further, That of the 
funds provided, up to $27,000,000 to remain available 
until expended, shall be used to carry out the loan repay-
ment program under section 108 of the Indian Health 
Care Improvement Act: Provided further, That funds pro-
vided in this Act may be used for one-year contracts 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): Pro-
vided further, That funding contained herein, and in any 
earlier appropriations Acts for scholarship programs 
under the Indian Health Care Improvement Act (25 
U.S.C. 1613) shall remain available until expended: Pro-
vided further, That amounts received by tribes and tribal 
organizations under title IV of the Indian Health Care Im-
provement Act shall be reported and accounted for and 
available to the receiving tribes and tribal organizations 
until expended: Provided further, That, notwithstanding
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any other provision of law, of the amounts provided herein, 
not to exceed $270,734,000 shall be for payments to tribes 
and tribal organizations for contract or grant support 
costs associated with contracts, grants, self-governance 
compacts or annual funding agreements between the In-
dian Health Service and a tribe or tribal organization pur-
suant to the Indian Self-Determination 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 sup-
port costs associated with new or expanded self-determina-
tion contracts, grants, self-governance compacts or annual 
funding agreements: Provided further, That funds avail-
able for the Indian Health Care Improvement Fund may 
be used, as needed, to carry out activities typically funded 
under the Indian Health Facilities account.
INDIAN HEALTH FACILITIES 
For construction, repair, maintenance, improvement, 
and equipment of health and related auxiliary facilities, 
including quarters for personnel; preparation of plans, 
specifications, and drawings; acquisition of sites, purchase 
and erection of modular buildings, and purchases of trail-
ers; and for provision of domestic and community sanita-
tion facilities for Indians, as authorized by section 7 of 
the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 
Self-Determination Act, and the Indian Health Care Im-
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provement Act, and for expenses necessary to carry out 
such Acts and titles II and III of the Public Health Serv-
ice Act with respect to environmental health and facilities 
support 
activities 
of 
the 
Indian 
Health 
Service, 
$392,560,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
funds appropriated for the planning, design, construction 
or renovation of health facilities for the benefit of an In-
dian tribe or tribes may be used to purchase land for sites 
to construct, improve, or enlarge health or related facili-
ties: Provided further, That from the funds appropriated 
herein, $5,000,000 shall be designated by the Indian 
Health Service as a contribution to the Yukon-Kuskokwim 
Health Corporation (YKHC) to complete 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-
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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 none of the funds appro-
priated to the Indian Health Service may be used for sani-
tation facilities construction for new homes funded with 
grants by the housing programs of the United States De-
partment of Housing and Urban Development: Provided 
further, That not to exceed $500,000 shall be used by the 
Indian Health Service to obtain ambulances for the Indian 
Health Service and tribal facilities in conjunction with an 
existing interagency 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, available until expended, to be used 
by the Indian Health Service for demolition of Federal 
buildings.
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. 
3109 but at rates not to exceed the per diem rate equiva-
lent to the maximum rate payable for senior-level positions
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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 
buildings and renovation of existing facilities; payments 
for telephone service in private residences in the field, 
when authorized under regulations approved by the Sec-
retary; and for uniforms or allowances therefor as author-
ized by 5 U.S.C. 5901–5902; and for expenses of attend-
ance at meetings which are concerned with the functions 
or activities for which the appropriation is made or which 
will contribute to improved conduct, supervision, or man-
agement of those functions or activities. 
In accordance with the provisions of the Indian 
Health Care Improvement Act, non-Indian patients may 
be extended health care at all tribally administered or In-
dian Health Service facilities, subject to charges, and the 
proceeds 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. 
Notwithstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Devel-
opment to the Indian Health Service shall be administered 
under Public Law 86–121 (the Indian Sanitation Facili-
ties Act) and Public Law 93–638, as amended.
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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. 
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 au-
thorized by title I or title III of the Indian Self-Determina-
tion and Education Assistance Act of 1975 (25 U.S.C. 
450), may be deobligated and reobligated to a self-deter-
mination contract under title I, or a self-governance agree-
ment under title III of such Act and thereafter shall re-
main available to the tribe or tribal organization without 
fiscal year limitation. 
None of the funds made available to the Indian 
Health Service in this Act shall be used to implement the 
final rule published in the Federal Register on September 
16, 1987, by the Department of Health and Human Serv-
ices, relating to the eligibility for the health care services 
of the Indian Health Service until the Indian Health Serv-
ice has submitted a budget request reflecting the increased 
costs associated with the proposed final rule, and such re-
quest has been included in an appropriations Act and en-
acted into law.
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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 re-
ceived from those entities pursuant to the Indian Self-De-
termination Act, may be credited to the same or subse-
quent appropriation 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 tech-
nical assistance. 
The appropriation structure for the Indian Health 
Service may not be altered without advance approval of 
the House and Senate Committees on Appropriations.
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: 
Provided, That funds provided in this or any other appro-
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priations Act are to be used to relocate eligible individuals 
and groups including evictees from District 6, Hopi-parti-
tioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not in-
cluded 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 Reloca-
tion 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 re-
placement home is provided for such household: Provided 
further, That no relocatee will be provided with more than 
one new or replacement home: Provided further, That the 
Office shall relocate any certified eligible relocatees who 
have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off 
the Navajo reservation or on the land acquired pursuant 
to 25 U.S.C. 640d–10.
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 author-
ized by title XV of Public Law 99–498, as amended (20 
U.S.C. 56 part A), $5,250,000.
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SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institu-
tion, as authorized by law, including research in the fields 
of art, science, and history; development, preservation, and 
documentation of the National Collections; presentation of 
public exhibits and performances; collection, preparation, 
dissemination, and exchange of information and publica-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease 
(for terms not to exceed 30 years), and protection of build-
ings, facilities, and approaches; not to exceed $100,000 
for services as authorized by 5 U.S.C. 3109; up to five 
replacement passenger vehicles; purchase, rental, repair, 
and cleaning of uniforms for employees, $489,748,000, of 
which not to exceed $46,903,000 for the instrumentation 
program, collections acquisition, exhibition reinstallation, 
the National Museum of the American Indian, and the re-
patriation of skeletal remains program shall remain avail-
able until expended; and of which $828,000 for fellowships 
and scholarly awards shall remain available until Sep-
tember 30, 2005; and including such funds as may be nec-
essary to support American overseas research centers and 
a total of $125,000 for the Council of American Overseas 
Research Centers: Provided, That funds appropriated
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herein are available for advance payments to independent 
contractors performing research services or participating 
in official Smithsonian presentations: Provided further, 
That the Smithsonian Institution may expend Federal ap-
propriations designated in this Act for lease or rent pay-
ments 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 supported activities are housed 
in the 900 H Street, N.W. building in the District of Co-
lumbia: Provided further, That this use of Federal appro-
priations 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 appro-
priated funds may be used to service debt which is in-
curred to finance the costs of acquiring the 900 H Street 
building or of planning, designing, and constructing im-
provements to such building.
FACILITIES CAPITAL 
For necessary expenses of repair, revitalization, and 
alteration of facilities owned or occupied by the Smithso-
nian 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 personnel, 
$93,970,000, to remain available until expended, of which
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not to exceed $10,000 is for services as authorized by 5 
U.S.C. 3109: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and repair or res-
toration of facilities of the Smithsonian Institution may 
be negotiated with selected contractors and awarded on 
the basis of contractor qualifications as well as price: Pro-
vided further, That balances from amounts previously ap-
propriated under the headings ‘‘Repair, Restoration and 
Alteration of Facilities’’ and ‘‘Construction’’ shall be 
transferred to and merged with this appropriation and 
shall remain 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 
approval from the Board of Regents of recommendations 
received 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
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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 
accordance with the procedures contained in the House 
report accompanying this Act. 
The Secretary of the Smithsonian Institution may es-
tablish a voluntary separation incentive program substan-
tially similar to the program established under section 
1313(a) of the ‘‘Homeland Security Act of 2002’’ (Public 
Law 107–296, 116 Stat. 2135) for individuals serving in 
civil service positions in the Smithsonian Institution.
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gal-
lery 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 Resolution 9, Seventy-sixth Congress), including 
services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized by the treasurer of the Gallery for 
membership in library, museum, and art associations or
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societies whose publications or services are available to 
members only, or to members at a price lower than to the 
general public; purchase, repair, and cleaning of uniforms 
for guards, and uniforms, or allowances therefor, for other 
employees as authorized by law (5 U.S.C. 5901–5902); 
purchase or rental of devices and services for protecting 
buildings and contents thereof, and maintenance, alter-
ation, improvement, and repair 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 advertising, with individuals, 
firms, or organizations at such rates or prices and under 
such terms and conditions as the Gallery may deem prop-
er, $88,849,000, of which not to exceed $3,026,000 for 
the special exhibition program shall remain available until 
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of repair, restoration and 
renovation of buildings, grounds and facilities owned or 
occupied by the National Gallery of Art, by contract or 
otherwise, as authorized, $11,600,000, to remain available 
until expended: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and exterior repair 
or renovation of buildings of the National Gallery of Art
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may 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, mainte-
nance and security of the John F. Kennedy Center for 
the Performing 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.
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NATIONAL FOUNDATION ON THE ARTS AND THE 
HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National 
Foundation on the Arts and the Humanities Act of 1965, 
as amended, $117,480,000, shall be available to the Na-
tional Endowment for the Arts for the support of projects 
and productions in the arts through assistance to organi-
zations and individuals pursuant to sections 5(c) and 5(g) 
of the Act, including $17,000,000 for support of arts edu-
cation and public outreach activities through the Chal-
lenge America program, for program support, and for ad-
ministering the functions of the Act, to remain available 
until expended: Provided, That funds previously appro-
priated to the National Endowment for the Arts ‘‘Match-
ing 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 
Foundation on the Arts and the Humanities Act of 1965, 
as amended, $120,878,000, shall be available to the Na-
tional Endowment for the Humanities for support of ac-
tivities in the humanities, pursuant to section 7(c) of the
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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 expended, of which $10,436,000 shall be available 
to the National Endowment for the Humanities for the 
purposes of section 7(h): Provided, That this appropria-
tion 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 pro-
visions of subsections 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 
Foundation on the Arts and the Humanities may be used 
to process any grant or contract documents which do not 
include 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 re-
ception and representation expenses: Provided further, 
That funds from nonappropriated sources may be used as
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necessary for official reception and representation ex-
penses: Provided further, That the Chairperson of the Na-
tional Endowment for the Arts may approve grants up to 
$10,000, if in the aggregate this amount does not exceed 
5 percent of the sums appropriated for grant making pur-
poses per year: Provided further, That such small grant 
actions are taken pursuant to the terms of an expressed 
and direct delegation of authority from the National Coun-
cil on the Arts to the Chairperson.
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 col-
lection, to remain available until expended without further 
appropriation.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 
99–190 (20 U.S.C. 956(a)), as amended, $7,000,000.
ADMINISTRATIVE PROVISION 
None of the funds appropriated in this or any other 
Act, except funds appropriated to the Office of Manage-
ment and Budget, shall be available to study the alteration
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or transfer of the National Capital Arts and Cultural Af-
fairs program.
ADVISORY COUNCIL ON HISTORIC PRESERVATION 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Council on 
Historic Preservation (Public Law 89–665, as amended), 
$4,100,000: Provided, That none of these funds shall be 
available for compensation of level V of the Executive 
Schedule or higher positions.
NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by the Na-
tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 
including services as authorized by 5 U.S.C. 3109, 
$7,730,000: Provided, That for fiscal year 2004 and there-
after, all appointed 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 Schedule for each day such member is engaged 
in the actual performance 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 muse-
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um’s repair and rehabilitation program and $1,264,000 
for the museum’s exhibitions program shall remain avail-
able until expended.
PRESIDIO TRUST
PRESIDIO TRUST FUND 
For necessary expenses to carry out title I of the Om-
nibus Parks and Public Lands Management Act of 1996, 
$20,700,000 shall be available to the Presidio Trust, to 
remain available until expended.
TITLE III—GENERAL PROVISIONS 
SEC. 301. The expenditure of any appropriation 
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited 
to those contracts where such expenditures are a matter 
of public record and available for public inspection, except 
where otherwise provided under existing law, or under ex-
isting 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 
proposal 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.
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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 
servants to any officer or employee of such department 
or agency except as otherwise provided by law. 
SEC. 305. No assessments, charges, or billings may 
be levied against any program, budget activity, subactivity, 
or project funded by this Act unless advance notice of such 
assessments, charges, or billings and the basis therefor are 
presented to the House and Senate Committees on Appro-
priations 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 classi-
fied as giant sequoia (Sequoiadendron giganteum) which 
are located on National Forest System or Bureau of Land 
Management lands in a manner different than such sales 
were conducted in fiscal year 2002.
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 
process 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
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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. 
(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 Re-
sources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate 
a report on actions taken by the Department under the 
plan submitted pursuant to section 314(c) of the Depart-
ment 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 Management to conduct a mineral examination of 
the mining claims or mill sites contained in a patent appli-
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cation as set forth in subsection (b). The Bureau of Land 
Management 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 
reports for the Bureau of Indian Affairs and the Indian 
Health Service by Public Laws 103–138, 103–332, 104–
134, 104–208, 105–83, 105–277, 106–113, 106–291, 
107–63, and 108–7 for payments to tribes and tribal orga-
nizations for contract support costs associated with self-
determination or self-governance contracts, grants, com-
pacts, or annual funding 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 com-
pacts or annual funding agreements. 
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 in-
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dividual for a literature fellowship, National Herit-
age Fellowship, or American Jazz Masters Fellow-
ship. 
(2) The Chairperson shall establish procedures 
to ensure that no funding provided through a grant, 
except 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 ac-
tivity independent of the direct grant recipient. 
Nothing in this subsection shall prohibit payments 
made in exchange 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 author-
ized 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 ac-
ceptance by the National Endowment for the Arts or the 
National Endowment for the Humanities, shall be paid by
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the donor or the representative of the donor to the Chair-
man. 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 fi-
nancial assistance under the National Foundation on the 
Arts and the Humanities Act of 1965 from funds appro-
priated under 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 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.
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(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 serv-
ices or awarding financial assistance for projects, produc-
tions, workshops, or programs that will encourage public 
knowledge, education, understanding, and appreciation of 
the arts. 
(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 Con-
gress annually and by State, on grants awarded by 
the Chairperson in each grant category under sec-
tion 5 of such Act; and
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(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 
Renewable 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 
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 
Telecommunication 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 water-
shed restoration project contracts as part of the ‘‘Jobs in 
the Woods’’ Program established in Region 10 of the For-
est Service to individuals and entities in historically tim-
ber-dependent areas in the States of Washington, Oregon, 
northern California, Idaho, Montana, and Alaska that 
have been affected by reduced timber harvesting on Fed-
eral lands. The Secretaries shall consider the benefits to
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the local economy in evaluating bids and designing pro-
curements 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 reconstruct roads, bridges, and trails on National For-
est System lands or to carry out and administer projects 
to improve 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 eco-
logical functions, long-term forest productivity, and bio-
logical integrity. The projects may be completed in a sub-
sequent fiscal year. Funds shall not be expended under 
this section to replace funds which would otherwise appro-
priately be expended from the timber salvage sale fund. 
Nothing in this section shall be construed to exempt any 
project from any environmental law.
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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 
values for western redcedar. Program accomplishments 
shall be based on volume sold. Should Region 10 sell, in 
fiscal year 2004, the annual average portion of the decadal 
allowable sale quantity called for in the current Tongass 
Land Management Plan in sales which are not deficit 
when appraised using a residual value approach that as-
signs domestic Alaska values for western redcedar, all of 
the western redcedar timber from those sales which is sur-
plus to the needs of domestic processors in Alaska, shall 
be made available to domestic processors in the contiguous 
48 United States at prevailing domestic prices. Should Re-
gion 10 sell, in fiscal year 2003, less than the annual aver-
age portion of the decadal allowable sale quantity called 
for in the Tongass Land Management Plan in sales which 
are not deficit when appraised using a residual value ap-
proach that assigns domestic Alaska values for western
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redcedar, the volume of western redcedar timber available 
to domestic processors at prevailing domestic prices in the 
contiguous 48 United States shall be that volume: (i) 
which is surplus to the needs of domestic processors in 
Alaska, and (ii) is that percent of the surplus western 
redcedar volume determined by calculating the ratio of the 
total timber volume which has been sold on the Tongass 
to the annual average portion of the decadal allowable sale 
quantity called for in the current Tongass Land Manage-
ment Plan. The percentage shall be calculated by Region 
10 on a rolling basis as each sale is sold (for purposes 
of this amendment, a ‘‘rolling basis’’ shall mean that the 
determination of how much western redcedar is eligible for 
sale to various markets shall be made at the time each 
sale is awarded). Western redcedar shall be deemed ‘‘sur-
plus 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 processors 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 elec-
tion of the timber sale holder. All Alaska yellow cedar may
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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 
Federal lands. Prior to initiating any project, the 
Secretary shall consult with potentially affected 
holders to determine what impacts the project may 
have on the holders. Any modifications to the au-
thorization shall be made within the terms and con-
ditions of the authorization and authorities of the 
impacted agency; 
(2) the return of a commercial recreation serv-
ice to the Secretary for operation when such services 
have been provided in the past by a private sector 
provider, except when—
(A) the private sector provider fails to 
bid on such opportunities; 
(B) the private sector provider termi-
nates its relationship with the agency; or
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(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 
Demonstration Program to provide for operations until a 
subsequent 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 subparagraph 6(f)(5)(A) of the Forest and Rangeland 
Renewable 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 
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
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seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.) within the boundaries of a National Monu-
ment established 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 Presidential proclamation establishing such monu-
ment. 
SEC. 322. EXTENSION OF FOREST SERVICE CONVEY-
ANCES PILOT PROGRAM.—Section 329 of the Department 
of the Interior and Related Agencies Appropriations Act, 
2002 (16 U.S.C. 580d note; Public Law 107–63) is 
amended—
(1) in subsection (b), by striking ‘‘20’’ and in-
serting ‘‘30’’; 
(2) in subsection (c) by striking ‘‘3’’ and insert-
ing ‘‘8’’; and 
(3) in subsection (d), by striking ‘‘2006’’ and 
inserting ‘‘2007’’. 
SEC. 323. Employees of the foundations established 
by Acts of Congress to solicit private sector funds on be-
half of Federal land management agencies shall, in fiscal 
year 2004 and thereafter, qualify for General Service Ad-
ministration contract airfares. 
SEC. 324. In entering into agreements with foreign 
countries pursuant to the Wildfire Suppression Assistance
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Act (42 U.S.C. 1856m) the Secretary of Agriculture and 
the Secretary of the Interior are authorized to enter into 
reciprocal agreements in which the individuals furnished 
under said agreements to provide fire management serv-
ices are considered, for purposes of tort liability, employ-
ees of the country receiving said services when the individ-
uals are engaged in fire management activities: Provided, 
That the Secretary of Agriculture or the Secretary of the 
Interior shall not enter into any agreement under this pro-
vision unless the foreign country (either directly or 
through its fire organization) agrees to assume any and 
all liability for the acts or omissions of American fire-
fighters engaged in firefighting in a foreign country: Pro-
vided further, That when an agreement is reached for fur-
nishing fire fighting services, the only remedies 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 aris-
ing out of fighting fires in a foreign country: Provided fur-
ther, That neither the sending country nor any legal orga-
nization associated with the firefighter shall be subject to 
any legal action whatsoever pertaining to or arising out 
of the firefighter’s role in fire suppression. 
SEC. 325. A grazing permit or lease issued by the 
Secretary of the Interior or a grazing permit issued by