Department of the Interior and Related Agencies Appropriations Act, 2004
PL 108-108 (H.R.2691), enacted 11/10/2003

117 STAT. 1241
PUBLIC LAW 108–108—NOV. 10, 2003
Public Law 108–108
108th Congress
An Act
Making appropriations for the Department of the Interior and related agencies
for the fiscal year ending September 30, 2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the Department of the Interior
and related agencies for the fiscal year ending September 30, 2004,
and for other purposes, namely:
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisi-
tion of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487 (16 U.S.C.
3150(a)), $850,321,000, to remain available until expended, of which
$1,000,000 is for high priority projects, to be carried out by the
Youth Conservation Corps; $2,484,000 is for assessment of the
mineral potential of public lands in Alaska pursuant to section
1010 of Public Law 96–487; (16 U.S.C. 3150); and of which not
to exceed $1,000,000 shall be derived from the special receipt
account established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l–6a(i)); and of which $3,000,000
shall be available in fiscal year 2004 subject to a match by at
least an equal amount by the National Fish and Wildlife Foundation
for cost-shared projects supporting conservation of Bureau lands;
and such funds shall be advanced to the Foundation as a lump
sum grant without regard to when expenses are incurred; in addi-
tion, $32,696,000 is for Mining Law Administration program oper-
ations, including the cost of administering the mining claim fee
program; to remain available until expended, to be reduced by
amounts collected by the Bureau and credited to this appropriation
from annual mining claim fees so as to result in a final appropria-
tion estimated at not more than $850,321,000; and $2,000,000,
to remain available until expended, from communication site rental
Department of
the Interior and
Related Agencies
Appropriations
Act, 2004.
Nov. 10, 2003
[H.R. 2691]
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117 STAT. 1242
PUBLIC LAW 108–108—NOV. 10, 2003
fees established by the Bureau for the cost of administering commu-
nication site activities: Provided, That appropriations herein made
shall not be available for the destruction of healthy, unadopted,
wild horses and burros in the care of the Bureau or its contractors.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, suppression oper-
ations, fire science and research, emergency rehabilitation, haz-
ardous fuels reduction, and rural fire assistance by the Department
of the Interior, $792,725,000, to remain available until expended,
of which not to exceed $12,374,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are
also available for repayment of advances to other appropriation
accounts from which funds were previously transferred for such
purposes: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without
cost from funds available from this appropriation: Provided further,
That notwithstanding 42 U.S.C. 1856d, sums received by a bureau
or office of the Department of the Interior for fire protection ren-
dered pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from which
funds were expended to provide that protection, and are available
without fiscal year limitation: Provided further, That of the funds
provided, $99,000,000 is to repay prior year advances from other
appropriations from which funds were transferred for wildfire
suppression and emergency rehabilitation activities: Provided fur-
ther, That this additional amount is designated by the Congress
as an emergency requirement pursuant to section 502 of H. Con.
Res. 95 (108th Congress), the concurrent resolution on the budget
for fiscal year 2004: Provided further, That using the amounts
designated under this title of this Act, the Secretary of the Interior
may enter into procurement contracts, grants, or cooperative agree-
ments, for hazardous fuels reduction activities, and for training
and monitoring associated with such hazardous fuels reduction
activities, on Federal land, or on adjacent non-Federal land for
activities that benefit resources on Federal land: Provided further,
That the costs of implementing any cooperative agreement between
the Federal Government and any non-Federal entity may be shared,
as mutually agreed on by the affected parties: Provided further,
That notwithstanding requirements of the Competition in Con-
tracting Act, the Secretary, for purposes of hazardous fuels reduc-
tion activities, may obtain maximum practicable competition among:
(A) local private, nonprofit, or cooperative entities; (B) Youth Con-
servation Corps crews or related partnerships with state, local,
or non-profit youth groups; (C) small or micro-businesses; or (D)
other entities that will hire or train locally a significant percentage,
defined as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this section,
the Secretary shall develop written guidance to field units to ensure
accountability and consistent application of the authorities provided
herein: Provided further, That funds appropriated under this head
may be used to reimburse the United States Fish and Wildlife
Service and the National Marine Fisheries Service for the costs
of carrying out their responsibilities under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference,
as required by section 7 of such Act in connection with wildland
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117 STAT. 1243
PUBLIC LAW 108–108—NOV. 10, 2003
fire management activities: Provided further, That the Secretary
of the Interior may use wildland fire appropriations to enter into
non-competitive sole source leases of real property with local govern-
ments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance pay-
ments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate
amount not to exceed $12,000,000, between the Departments when
such transfers would facilitate and expedite jointly funded wildland
fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the remedial action,
including associated activities, of hazardous waste substances,
pollutants, or contaminants pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), $9,978,000, to remain available
until expended: Provided, That notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or as
reimbursement for remedial action or response activities conducted
by the Department pursuant to section 107 or 113(f) of such Act,
shall be credited to this account, to be available until expended
without further appropriation: Provided further, That such sums
recovered from or paid by any party are not limited to monetary
payments and may include stocks, bonds or other personal or real
property, which may be retained, liquidated, or otherwise disposed
of by the Secretary and which shall be credited to this account.
CONSTRUCTION
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $13,976,000, to remain available until
expended.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94–579, including administrative expenses
and acquisition of lands or waters, or interests therein, $18,600,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant coun-
ties of Oregon, and on adjacent rights-of-way; and acquisition of
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117 STAT. 1244
PUBLIC LAW 108–108—NOV. 10, 2003
lands or interests therein, including existing connecting roads on
or adjacent to such grant lands; $106,672,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law 102–
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning, preparing,
implementing and monitoring salvage timber sales and forest eco-
system health and recovery activities, such as release from com-
peting vegetation and density control treatments. The Federal share
of receipts (defined as the portion of salvage timber receipts not
paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–
1 et seq., and Public Law 106–393) derived from treatments funded
by this account shall be deposited into the Forest Ecosystem Health
and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315 et seq.) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from Bankhead-
Jones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to proc-
essing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, oper-
ation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579, as amended,
and Public Law 93–153, to remain available until expended: Pro-
vided, That notwithstanding any provision to the contrary of section
305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that
have been or will be received pursuant to that section, whether
as a result of forfeiture, compromise, or settlement, if not appro-
priate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the
authority of this Act by the Secretary to improve, protect, or
43 USC 1735
note.
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117 STAT. 1245
PUBLIC LAW 108–108—NOV. 10, 2003
rehabilitate any public lands administered through the Bureau
of Land Management which have been damaged by the action
of a resource developer, purchaser, permittee, or any unauthorized
person, without regard to whether all moneys collected from each
such action are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other damaged
public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings
and appurtenant facilities to which the United States has title;
up to $100,000 for payments, at the discretion of the Secretary,
for information or evidence concerning violations of laws adminis-
tered by the Bureau; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the Secretary and
to be accounted for solely on her certificate, not to exceed $10,000:
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may,
under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the coopera-
tors share the cost of printing either in cash or in services, and
the Bureau determines the cooperator is capable of meeting accepted
quality standards: Provided further, That section 28 of title 30,
United States Code, is amended: (1) in section 28f(a), by striking
‘‘for years 2002 through 2003’’ and inserting in lieu thereof ‘‘for
years 2004 through 2008’’; and (2) in section 28g, by striking ‘‘and
before September 30, 2003’’ and inserting in lieu thereof ‘‘and before
September 30, 2008’’.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, maintenance of the herd of long-horned cattle on the
Wichita Mountains Wildlife Refuge, general administration, and
for the performance of other authorized functions related to such
resources by direct expenditure, contracts, grants, cooperative agree-
ments and reimbursable agreements with public and private enti-
ties, $963,352,000, to remain available until September 30, 2005,
except as otherwise provided herein: Provided, That not less than
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117 STAT. 1246
PUBLIC LAW 108–108—NOV. 10, 2003
$2,000,000 shall be provided to local governments in southern Cali-
fornia for planning associated with the Natural Communities Con-
servation Planning (NCCP) program and shall remain available
until expended: Provided further, That $2,000,000 is for high pri-
ority projects, which shall be carried out by the Youth Conservation
Corps: Provided further, That not to exceed $12,286,000 shall be
used for implementing subsections (a), (b), (c), and (e) of section
4 of the Endangered Species Act, as amended, for species that
are indigenous to the United States (except for processing petitions,
developing and issuing proposed and final regulations, and taking
any other steps to implement actions described in subsection
(c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
$8,900,000 shall be used for any activity regarding the designation
of critical habitat, pursuant to subsection (a)(3), excluding litigation
support, for species already listed pursuant to subsection (a)(1)
as of the date of enactment this Act: Provided further, That of
the amount available for law enforcement, up to $400,000 to remain
available until expended, may at the discretion of the Secretary
be used for payment for information, rewards, or evidence con-
cerning violations of laws administered by the Service, and miscella-
neous and emergency expenses of enforcement activity, authorized
or approved by the Secretary and to be accounted for solely on
her certificate: Provided further, That of the amount provided for
environmental contaminants, up to $1,000,000 may remain avail-
able until expended for contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, manage-
ment, investigation, protection, and utilization of fishery and wild-
life resources, and the acquisition of lands and interests therein;
$60,554,000, to remain available until expended.
LAND ACQUISITION
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for acquisition of land
or waters, or interest therein, in accordance with statutory authority
applicable to the United States Fish and Wildlife Service,
$43,628,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended: Provided, That none
of the funds appropriated for specific land acquisition projects can
be used to pay for any administrative overhead, planning or other
management costs.
LANDOWNER INCENTIVE PROGRAM
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for private conservation
efforts to be carried out on private lands, $30,000,000, to be derived
from the Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided herein
is for a Landowner Incentive Program established by the Secretary
that provides matching, competitively awarded grants to States,
the District of Columbia, Tribes, Puerto Rico, Guam, the United
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117 STAT. 1247
PUBLIC LAW 108–108—NOV. 10, 2003
States Virgin Islands, the Northern Mariana Islands, and American
Samoa, to establish or supplement existing landowner incentive
programs that provide technical and financial assistance, including
habitat protection and restoration, to private landowners for the
protection and management of habitat to benefit federally listed,
proposed, candidate, or other at-risk species on private lands.
STEWARDSHIP GRANTS
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for private conservation
efforts to be carried out on private lands, $7,500,000, to be derived
from the Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided herein
is for a Stewardship Grants Program established by the Secretary
to provide grants and other assistance to individuals and groups
engaged in private conservation efforts that benefit federally listed,
proposed, candidate, or other at-risk species.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531–1543), as amended,
$82,614,000, of which $32,614,000 is to be derived from the Coopera-
tive Endangered Species Conservation Fund and $50,000,000 is
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,414,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101–233, as
amended, $38,000,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the conservation
of neotropical migratory birds in accordance with the Neotropical
Migratory Bird Conservation Act, Public Law 106–247 (16 U.S.C.
6101–6109), $4,000,000, to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Con-
servation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–
4245, and 1538), the Asian Elephant Conservation Act of 1997
(Public Law 105–96; 16 U.S.C. 4261–4266), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301–5306), and the
Great Ape Conservation Act of 2000 (16 U.S.C. 6301), $5,600,000,
to remain available until expended.
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117 STAT. 1248
PUBLIC LAW 108–108—NOV. 10, 2003
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the District
of Columbia, Puerto Rico, Guam, the United States Virgin Islands,
the Northern Mariana Islands, American Samoa, and federally rec-
ognized Indian tribes under the provisions of the Fish and Wildlife
Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of
wildlife and their habitat, including species that are not hunted
or fished, $70,000,000 to be derived from the Land and Water
Conservation Fund, and to remain available until expended: Pro-
vided, That of the amount provided herein, $6,000,000 is for a
competitive grant program for Indian tribes not subject to the
remaining provisions of this appropriation: Provided further, That
the Secretary shall, after deducting said $6,000,000 and administra-
tive expenses, apportion the amount provided herein in the following
manner: (A) to the District of Columbia and to the Commonwealth
of Puerto Rico, each a sum equal to not more than one-half of
1 percent thereof; and (B) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (A) one-
third of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and
(B) two-thirds of which is based on the ratio to which the population
of such State bears to the total population of all such States:
Provided further, That the amounts apportioned under this para-
graph shall be adjusted equitably so that no State shall be appor-
tioned a sum which is less than 1 percent of the amount available
for apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That the
Federal share of planning grants shall not exceed 75 percent of
the total costs of such projects and the Federal share of implementa-
tion grants shall not exceed 50 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs: Provided
further, That no State, territory, or other jurisdiction shall receive
a grant unless it has developed, or committed to develop by October
1, 2005, a comprehensive wildlife conservation plan, consistent with
criteria established by the Secretary of the Interior, that considers
the broad range of the State, territory, or other jurisdiction’s wildlife
and associated habitats, with appropriate priority placed on those
species with the greatest conservation need and taking into consid-
eration the relative level of funding available for the conservation
of those species: Provided further, That any amount apportioned
in 2004 to any State, territory, or other jurisdiction that remains
unobligated as of September 30, 2005, shall be reapportioned,
together with funds appropriated in 2006, in the manner provided
herein: Provided further, That balances from amounts previously
appropriated under the heading ‘‘State Wildlife Grants’’ shall be
transferred to and merged with this appropriation and shall remain
available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States Fish
and Wildlife Service shall be available for purchase of not to exceed
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117 STAT. 1249
PUBLIC LAW 108–108—NOV. 10, 2003
157 passenger motor vehicles, of which 142 are for replacement
only (including 33 for police-type use); repair of damage to public
roads within and adjacent to reservation areas caused by operations
of the Service; options for the purchase of land at not to exceed
$1 for each option; facilities incident to such public recreational
uses on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used
pursuant to law in connection with management, and investigation
of fish and wildlife resources: Provided, That notwithstanding 44
U.S.C. 501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing serv-
ices from cooperators in connection with jointly produced publica-
tions for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That the Service may accept donated aircraft
as replacements for existing aircraft: Provided further, That not-
withstanding any other provision of law, the Secretary of the
Interior may not spend any of the funds appropriated in this Act
for the purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife Refuge
System unless the purchase is approved in advance by the House
and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in the statement of the man-
agers accompanying this Act.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administra-
tion of the National Park Service, $1,629,641,000, of which
$10,887,000 is for planning and interagency coordination in support
of Everglades restoration and shall remain available until expended;
of which $96,480,000, to remain available until September 30, 2005,
is for maintenance, repair or rehabilitation projects for constructed
assets, operation of the National Park Service automated facility
management software system, and comprehensive facility condition
assessments; and of which $2,000,000 is for the Youth Conservation
Corps for high priority projects: Provided, That the only funds
in this account which may be made available to support United
States Park Police are those funds approved for emergency law
and order incidents pursuant to established National Park Service
procedures, those funds needed to maintain and repair United
States Park Police administrative facilities, and those funds nec-
essary to reimburse the United States Park Police account for
the unbudgeted overtime and travel costs associated with special
events for an amount not to exceed $10,000 per event subject
to the review and concurrence of the Washington headquarters
office: Provided further, That notwithstanding sections 5(b)(7)(c)
and 7(a)(2) of Public Law 105–58, the National Park Service may
in fiscal year 2004 provide funding for uniformed personnel for
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117 STAT. 1250
PUBLIC LAW 108–108—NOV. 10, 2003
visitor protection and interpretation of the outdoor symbolic site
at the Oklahoma City Memorial without reimbursement or a
requirement to match these funds with non-Federal funds.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of the United
States Park Police, $78,859,000.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, nat-
ural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant adminis-
tration, not otherwise provided for, $62,544,000, of which $1,600,000
shall be available until expended for the Oklahoma City National
Memorial Trust, notwithstanding the provisions contained in sec-
tions 7(a)(1) and (2) of Public Law 105–58.
URBAN PARK AND RECREATION FUND
For expenses necessary to carry out the provisions of the Urban
Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et
seq.), $305,000, to remain available until expended.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic Preserva-
tion Act of 1966, as amended (16 U.S.C. 470), and the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law
104–333), $74,500,000, to be derived from the Historic Preservation
Fund, to remain available until September 30, 2005: Provided,
That, of the amount provided herein, $500,000, to remain available
until expended, is for a grant for the perpetual care and mainte-
nance of National Trust Historic Sites, as authorized under 16
U.S.C. 470a(e)(2), to be made available in full upon signing of
a grant agreement: Provided further, That, notwithstanding any
other provision of law, these funds shall be available for investment
with the proceeds to be used for the same purpose as set out
herein: Provided further, That of the total amount provided,
$33,000,000 shall be for Save America’s Treasures for priority
preservation projects, of nationally significant sites, structures, and
artifacts: Provided further, That any individual Save America’s
Treasures grant shall be matched by non-Federal funds: Provided
further, That individual projects shall only be eligible for one grant,
and all projects to be funded shall be approved by the House
and Senate Committees on Appropriations and the Secretary of
the Interior in consultation with the President’s Committee on
the Arts and Humanities prior to the commitment of grant funds:
Provided further, That Save America’s Treasures funds allocated
for Federal projects, following approval, shall be available by
transfer to appropriate accounts of individual agencies.
CONSTRUCTION
For construction, improvements, repair or replacement of phys-
ical facilities, including the modifications authorized by section
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117 STAT. 1251
PUBLIC LAW 108–108—NOV. 10, 2003
104 of the Everglades National Park Protection and Expansion
Act of 1989, $333,995,000, to remain available until expended,
of which $300,000 for the L.Q.C. Lamar House National Historic
Landmark and $375,000 for the Sun Watch National Historic Land-
mark shall be derived from the Historic Preservation Fund pursuant
to 16 U.S.C. 470a: Provided, That none of the funds in this or
any other Act may be used to pay the salaries and expenses of
more than 160 Full Time Equivalent personnel working for the
National Park Service’s Denver Service Center funded under the
construction program management and operations activity: Pro-
vided further, That none of the funds provided in this or any
other Act may be used to pre-design, plan, or construct any new
facility (including visitor centers, curatorial facilities, administrative
buildings), for which appropriations have not been specifically pro-
vided if the net construction cost of such facility is in excess of
$5,000,000, without prior approval of the House and Senate
Committees on Appropriations: Provided further, That the restric-
tion in the previous proviso applies to all funds available to the
National Park Service, including partnership and fee demonstration
projects: Provided further, That none of the funds provided in this
or any other Act may be used for planning, design, or construction
of any underground security screening or visitor contact facility
at the Washington Monument until such facility has been approved
in writing by the House and Senate Committees on Appropriations:
Provided further, That funds appropriated in this Act and in any
prior Acts for the purpose of implementing the Modified Water
Deliveries to Everglades National Park Project shall be available
for expenditure unless the joint report of the Secretary of the
Interior, the Secretary of the Army, the Administrator of the
Environmental Protection Agency, and the Attorney General which
shall be filed within 90 days of enactment of this Act and by
September 30 each year thereafter until December 31, 2006, to
the House and Senate Committees on Appropriations, the House
Committee on Transportation and Infrastructure, the House Com-
mittee on Resources and the Senate Committee on Environment
and Public Works, indicates that the water entering A.R.M.
Loxahatchee National Wildlife Refuge and Everglades National
Park does not meet applicable State water quality standards and
numeric criteria adopted for phosphorus throughout A.R.M.
Loxahatchee National Wildlife Refuge and Everglades National
Park, as well as water quality requirements set forth in the Consent
Decree entered in United States v. South Florida Water Manage-
ment District, and that the House and Senate Committees on
Appropriations respond in writing disapproving the further expendi-
ture of funds: Provided further, That not to exceed $800,000 of
the funds provided for Dayton Aviation Heritage National Historical
Park may be provided as grants to cooperating entities for projects
to enhance public access to the park.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2004 by 16
U.S.C. 460l–10a is rescinded.
16 USC 460l–10a
note.
Deadlines.
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117 STAT. 1252
PUBLIC LAW 108–108—NOV. 10, 2003
LAND ACQUISITION AND STATE ASSISTANCE
(INCLUDING TRANSFERS OF FUNDS)
For expenses necessary to carry out the Land and Water Con-
servation Act of 1965, as amended (16 U.S.C. 460l–4 through 11),
including administrative expenses, and for acquisition of lands or
waters, or interest therein, in accordance with the statutory
authority applicable to the National Park Service, $142,350,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which $95,000,000 is for
the State assistance program including $2,500,000 to administer
this program: Provided, That none of the funds provided for the
State assistance program may be used to establish a contingency
fund: Provided further, That notwithstanding any other provision
of law, the Secretary of the Interior, using prior year unobligated
funds made available under any Act enacted before the date of
enactment of this Act for land acquisition assistance to the State
of Florida for the acquisition of lands or water, or interests therein,
within the Everglades watershed, shall transfer $5,000,000 to the
United States Fish and Wildlife Service ‘‘Resource Management’’
account for the purpose of funding water quality monitoring and
eradication of invasive exotic plants at A.R.M. Loxahatchee National
Wildlife Refuge, as well as recovery actions for any listed species
in the South Florida ecosystem, and may transfer such sums as
may be determined necessary by the Secretary of the Interior to
the United States Army Corps of Engineers ‘‘Construction, General’’
account for the purpose of modifying the construction of Storm
Water Treatment Area 1 East to include additional water quality
improvement measures, such as additional compartmentalization,
improved flow control, vegetation management, and other additional
technologies based upon the recommendations of the Secretary of
the Interior and the South Florida Water Management District,
to maximize the treatment effectiveness of Storm Water Treatment
Area 1 East so that water delivered by Storm Water Treatment
Area 1 East to A.R.M. Loxahatchee National Wildlife Refuge
achieves State water quality standards, including the numeric cri-
terion for phosphorus, and that the cost sharing provisions of section
528 of the Water Resources Development Act of 1996 (110 Stat.
3769) shall apply to any funds provided by the Secretary of the
Interior to the United States Army Corps of Engineers for this
purpose: Provided further, That, subsequent to the transfer of the
$5,000,000 to the United States Fish and Wildlife Service and
the transfer of funds, if any, to the United States Army Corps
of Engineers to carry out water quality improvement measures
for Storm Water Treatment Area 1 East, if any funds remain
to be expended after the requirements of these provisions have
been met, then the Secretary of the Interior may transfer, as
appropriate, and use the remaining funds for Everglades restoration
activities benefiting the lands and resources managed by the
Department of the Interior in South Florida, subject to the approval
by the House and Senate Committees on Appropriations of a re-
programming request by the Secretary detailing how the remaining
funds will be expended for this purpose.
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117 STAT. 1253
PUBLIC LAW 108–108—NOV. 10, 2003
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be available
for the purchase of not to exceed 249 passenger motor vehicles,
of which 202 shall be for replacement only, including not to exceed
193 for police-type use, 10 buses, and 8 ambulances: Provided,
That none of the funds appropriated to the National Park Service
may be used to process any grant or contract documents which
do not include the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Service may
be used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been sub-
mitted to the Congress and shall not be implemented prior to
the expiration of 30 calendar days (not including 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 and comprehensive report on the development
of the southern end of Ellis Island, including the facts and cir-
cumstances relied upon in support of the proposed project: Provided
further, That the National Park Service may make a grant of
not to exceed $70,000 for the construction of a memorial in Cadillac,
Michigan in honor of Kris Eggle.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the United
Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to encour-
age employees receiving workers’ compensation benefits pursuant
to chapter 81 of title 5, United States Code, to return to appropriate
positions for which they are medically able.
Notwithstanding any other provision of law, in fiscal year 2004,
with respect to the administration of the National Park Service
park pass program by the National Park Foundation, the Secretary
may obligate to the Foundation administrative funds expected to
be received in that fiscal year before the revenues are collected,
so long as total obligations in the administrative account do not
exceed total revenue collected and deposited in that account by
the end of the fiscal year.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topog-
raphy, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the economic
conditions affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes
as authorized by law and to publish and disseminate data;
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117 STAT. 1254
PUBLIC LAW 108–108—NOV. 10, 2003
$949,686,000, of which $64,536,000 shall be available only for
cooperation with States or municipalities for water resources inves-
tigations; and of which $16,201,000 shall remain available until
expended for conducting inquiries into the economic conditions
affecting mining and materials processing industries; and of which
$8,000,000 shall remain available until expended for satellite oper-
ations; and of which $24,390,000 shall be available until September
30, 2005, for the operation and maintenance of facilities and
deferred maintenance; and of which $176,099,000 shall be available
until September 30, 2005, for the biological research activity and
the operation of the Cooperative Research Units: Provided, That
none of these funds provided for the biological research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, That no part of this appropriation shall be used to pay
more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in coopera-
tion with States and municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geological
Survey shall be available for the purchase of not to exceed 53
passenger motor vehicles, of which 48 are for replacement only;
reimbursement to the General Services Administration for security
guard services; contracting for the furnishing of topographic maps
and for the making of geophysical or other specialized surveys
when it is administratively determined that such procedures are
in the public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for gauging
stations and observation wells; expenses of the United States
National Committee on Geology; and payment of compensation
and expenses of persons on the rolls of the Survey duly appointed
to represent the United States in the negotiation and administration
of interstate compacts: Provided, That activities funded by appro-
priations herein made may be accomplished through the use of
contracts, grants, or cooperative agreements as defined in 31 U.S.C.
6302 et seq.: Provided further, That notwithstanding the provisions
of the Federal Grant and Cooperative Agreement Act of 1977 (31
U.S.C. 6301–6308), the United States Geological Survey is author-
ized to continue existing, and hereafter, to enter into new coopera-
tive agreements directed towards a particular cooperator, in support
of joint research and data collection activities with Federal, State,
and academic partners funded by appropriations herein, including
those that provide for space in cooperator facilities.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable
to oil, gas, and other minerals leases, permits, licenses and oper-
ating contracts; and for matching grants or cooperative agreements;
including the purchase of not to exceed eight passenger motor
vehicles for replacement only, $165,316,000, of which $80,396,000
shall be available for royalty management activities; and an amount
43 USC 36d.
43 USC 50.
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117 STAT. 1255
PUBLIC LAW 108–108—NOV. 10, 2003
not to exceed $100,230,000, to be credited to this appropriation
and to remain available until expended, from additions to receipts
resulting from increases to rates in effect on August 5, 1993, from
rate increases to fee collections for Outer Continental Shelf adminis-
trative activities performed by the Minerals Management Service
(MMS) over and above the rates in effect on September 30, 1993,
and from additional fees for Outer Continental Shelf administrative
activities established after September 30, 1993: Provided, That
to the extent $100,230,000 in additions to receipts are not realized
from the sources of receipts stated above, the amount needed to
reach $100,230,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental Shelf
leases in effect before August 5, 1993: Provided further, That
$3,000,000 for computer acquisitions shall remain available until
September 30, 2005: Provided further, That funds appropriated
under this Act shall be available for the payment of interest in
accordance with 30 U.S.C. 1721(b) and (d): Provided further, That
not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of overpay-
ments in connection with certain Indian leases in which the Director
of MMS concurred with the claimed refund due, to pay amounts
owed to Indian allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That MMS may under the
royalty-in-kind pilot program, or under its authority to transfer
oil to the Strategic Petroleum Reserve, use a portion of the revenues
from royalty-in-kind sales, without regard to fiscal year limitation,
to pay for transportation to wholesale market centers or upstream
pooling points, and to process or otherwise dispose of royalty produc-
tion taken in kind, and to recover MMS transportation costs, sala-
ries, and other administrative costs directly related to filling the
Strategic Petroleum Reserve: Provided further, That MMS shall
analyze and document the expected return in advance of any roy-
alty-in-kind sales to assure to the maximum extent practicable
that royalty income under the pilot program is equal to or greater
than royalty income recognized under a comparable royalty-in-value
program.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201
of the Oil Pollution Act of 1990, $7,105,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Sur-
face Mining Control and Reclamation Act of 1977, Public Law
95–87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $106,424,000: Pro-
vided, That the Secretary of the Interior, pursuant to regulations,
may use directly or through grants to States, moneys collected
in fiscal year 2004 for civil penalties assessed under section 518
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117 STAT. 1256
PUBLIC LAW 108–108—NOV. 10, 2003
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1268), to reclaim lands adversely affected by coal mining
practices after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of Surface
Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored
training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
as amended, including the purchase of not more than 10 passenger
motor vehicles for replacement only, $192,969,000, to be derived
from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended; of which up to $10,000,000, to
be derived from the Federal Expenses Share of the Fund, shall
be for supplemental grants to States for the reclamation of aban-
doned sites with acid mine rock drainage from coal mines, and
for associated activities, through the Appalachian Clean Streams
Initiative: Provided, That grants to minimum program States will
be $1,500,000 per State in fiscal year 2004: Provided further, That
pursuant to Public Law 97–365, the Department of the Interior
is authorized to use up to 20 percent from the recovery of the
delinquent debt owed to the United States Government to pay
for contracts to collect these debts: Provided further, That funds
made available under title IV of Public Law 95–87 may be used
for any required non-Federal share of the cost of projects funded
by the Federal Government for the purpose of environmental res-
toration related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That the State
of Maryland may set aside the greater of $1,000,000 or 10 percent
of the total of the grants made available to the State under title
IV of the Surface Mining Control and Reclamation Act of 1977,
as amended (30 U.S.C. 1231 et seq.), if the amount set aside
is deposited in an acid mine drainage abatement and treatment
fund established under a State law, pursuant to which law the
amount (together with all interest earned on the amount) is
expended by the State to undertake acid mine drainage abatement
and treatment projects, except that before any amounts greater
than 10 percent of its title IV grants are deposited in an acid
mine drainage abatement and treatment fund, the State of Mary-
land must first complete all Surface Mining Control and Reclama-
tion Act priority one projects.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the
Education Amendments of 1978 (25 U.S.C. 2001–2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
30 USC 1211
note.
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117 STAT. 1257
PUBLIC LAW 108–108—NOV. 10, 2003
as amended, $1,916,317,000, to remain available until September
30, 2005 except as otherwise provided herein, of which not to
exceed $86,925,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not lim-
ited to the Indian Self-Determination Act of 1975, as amended,
not to exceed $135,315,000 shall be available for payments to tribes
and tribal organizations for contract support costs associated with
ongoing contracts, grants, compacts, or annual funding agreements
entered into with the Bureau prior to or during fiscal year 2004,
as authorized by such Act, except that tribes and tribal organiza-
tions may use their tribal priority allocations for unmet indirect
costs of ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs; and of which
not to exceed $458,524,000 for school operations costs of Bureau-
funded schools and other education programs shall become available
on July 1, 2004, and shall remain available until September 30,
2005; and of which not to exceed $55,766,000 shall remain available
until expended for housing improvement, road maintenance,
attorney fees, litigation support, the Indian Self-Determination
Fund, land records improvement, and the Navajo-Hopi Settlement
Program: Provided, That notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination
Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$49,182,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal organiza-
tions for administrative cost grants associated with ongoing grants
entered into with the Bureau prior to or during fiscal year 2003
for the operation of Bureau-funded schools, and up to $3,000,000
within and only from such amounts made available for school
operations shall be available for the transitional costs of initial
administrative cost grants to tribes and tribal organizations that
enter into grants for the operation on or after July 1, 2004 of
Bureau-operated schools: Provided further, That any forestry funds
allocated to a tribe which remain unobligated as of September
30, 2005, may be transferred during fiscal year 2006 to an Indian
forest land assistance account established for the benefit of such
tribe within the tribe’s trust fund account: Provided further, That
any such unobligated balances not so transferred shall expire on
September 30, 2006.
CONSTRUCTION
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facili-
ties, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irriga-
tion Project pursuant to Public Law 87–483, $351,154,000, to remain
available until expended: Provided, That such amounts as may
be available for the construction of the Navajo Indian Irrigation
Project may be transferred to the Bureau of Reclamation: Provided
further, That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway Trust
Fund may be used to cover the road program management costs
of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made
available on a nonreimbursable basis: Provided further, That for
Expiration date.
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117 STAT. 1258
PUBLIC LAW 108–108—NOV. 10, 2003
fiscal year 2004, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000 that
are provided to tribally controlled grant schools under Public Law
100–297, as amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, That such grants shall not be sub-
ject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering applications,
the Secretary shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the construction
projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required
by 25 U.S.C. 2005(a), with respect to organizational and financial
management capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That any disputes
between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2507(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
(INCLUDING TRANSFER OF FUNDS)
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $60,551,000, to remain
available until expended; of which $31,766,000 shall be available
for implementation of enacted Indian land and water claim settle-
ments pursuant to Public Laws 101–618, 107–331, and 102–575,
and for implementation of other enacted water rights settlements;
and of which $18,817,000 shall be available pursuant to Public
Laws 99–264, 100–580, 106–425, and 106–554; and of which
$9,968,000 shall be available for payment to the Quinault Indian
Nation pursuant to the terms of the North Boundary Settlement
Agreement dated July 14, 2000, providing for the acquisition of
perpetual conservation easements from the Nation: Provided, That
of the payment to the Quinault Indian Nation, $4,968,000 shall
be derived from amounts provided under the heading ‘‘United States
Fish and Wildlife Service, Land Acquisition’’ in Public Law 108–
7.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans, $5,797,000, as
authorized by the Indian Financing Act of 1974, as amended: Pro-
vided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $94,568,000.
In addition, for administrative expenses to carry out the
guaranteed and insured loan programs, $700,000.
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117 STAT. 1259
PUBLIC LAW 108–108—NOV. 10, 2003
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation
of Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in cooperation
with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management, operation,
and maintenance of the Power Division of the San Carlos Irrigation
Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance
fund, and the Indian Guaranteed Loan Program account) shall
be available for expenses of exhibits, and purchase of not to exceed
229 passenger motor vehicles, of which not to exceed 187 shall
be for replacement only.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs for central office operations or
pooled overhead general administration (except facilities operations
and maintenance) shall be available for tribal contracts, grants,
compacts, or cooperative agreements with the Bureau of Indian
Affairs under the provisions of the Indian Self-Determination Act
or the Tribal Self-Governance Act of 1994 (Public Law 103–413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs for distribution to
other tribes, this action shall not diminish the Federal Government’s
trust responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that
tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau, other than the amounts provided herein for assist-
ance to public schools under 25 U.S.C. 452 et seq., shall be available
to support the operation of any elementary or secondary school
in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the schools
in the Bureau school system as of September 1, 1996. No funds
available to the Bureau shall be used to support expanded grades
for any school or dormitory beyond the grade structure in place
or approved by the Secretary of the Interior at each school in
the Bureau school system as of October 1, 1995. Funds made
available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1146 of the Education Amendments of 1978 (25 U.S.C. 2026)),
except that a charter school that is in existence on the date of
the enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to operate
during that period, but only if the charter school pays to the
Bureau a pro rata share of funds to reimburse the Bureau for
the use of the real and personal property (including buses and
vans), the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any obligation
for charter school programs of the State in which the school is
located if the charter school loses such funding. Employees of
Bureau-funded schools sharing a campus with a charter school
and performing functions related to the charter school’s operation
and employees of a charter school shall not be treated as Federal
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117 STAT. 1260
PUBLIC LAW 108–108—NOV. 10, 2003
employees for purposes of chapter 171 of title 28, United States
Code.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $76,343,000, of which:
(1) $70,022,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the judiciary
in American Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to the Government of American
Samoa, in addition to current local revenues, for construction and
support of governmental functions; grants to the Government of
the Virgin Islands as authorized by law; grants to the Government
of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands as authorized by law (Public
Law 94–241; 90 Stat. 272); and (2) $6,321,000 shall be available
for salaries and expenses of the Office of Insular Affairs: Provided,
That all financial transactions of the territorial and local govern-
ments herein provided for, including such transactions of all agen-
cies or instrumentalities established or used by such governments,
may be audited by the General Accounting Office, at its discretion,
in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement
of the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by Public
Law 104–134: Provided further, That of the amounts provided for
technical assistance, sufficient funds shall be made available for
a grant to the Pacific Basin Development Council: Provided further,
That of the amounts provided for technical assistance, sufficient
funding shall be made available for a grant to the Close Up Founda-
tion: Provided further, That the funds for the program of operations
and maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital infra-
structure with territorial participation and cost sharing to be deter-
mined by the Secretary based on the grantee’s commitment to
timely maintenance of its capital assets: Provided further, That
any appropriation for disaster assistance under this heading in
this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $6,434,000, as provided
for in sections 221(a)(2), 221(b), and 233 of the Compact of Free
Association for the Republic of Palau as authorized by Public Law
99–658; section 103(f)(2) of title I of H.J. Res. 63 or S.J. Res.
16, (as introduced July 8, 2003, and July 14, 2003, respectively);
and section 221(a)(2) of the Compacts of Free Association and
48 USC 1469b.
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117 STAT. 1261
PUBLIC LAW 108–108—NOV. 10, 2003
their related agreements between the Government of the United
States and the Government of the Republic of the Marshall Islands
(signed April 30, 2003), and between the Government of the United
States and the Federated States of Micronesia (signed May 14,
2003); to remain available until expended. Further, $142,400,000
shall be available until expended, of which $76,700,000 shall be
provided for the Federated States of Micronesia and shall be used
for grants and necessary expenses as provided for (and in accord-
ance with and subject to the terms, conditions, procedures, and
requirements set forth in) sections 211, 212, 213, 214, and 216
of the Compact of Free Association and its related agreements
between the Government of the United States and the Government
of the Federated States of Micronesia (signed May 14, 2003);
$50,700,000 shall be provided for the Republic of the Marshall
Islands and shall be used for grants and necessary expenses as
provided for (and in accordance with, and subject to the terms,
conditions, procedures, and requirements set forth in) sections 211,
212, 213, 214, 215, and 217 of the Compact of Free Association
and its related agreements between the Government of the United
States and the Government of the Republic of the Marshall Islands
(signed April 30, 2003); and $15,000,000 shall be made available
for the effect of U.S.-FSM Compact and U.S.-RMI Compact, in
accordance with, and subject to the terms, conditions, procedures,
and requirements set forth in section 104(e) of title I of H.J. Res.
63, or S.J. Res. 16 (as introduced July 8, 2003, and July 14,
2003, respectively). The funding made available in this paragraph
shall not be used to fund the Trust Funds of the Compacts of
Free Association, however measures necessary to set up the Trust
Funds in accordance with the agreement between the Government
of the United States and the Government of the Federated States
of Micronesia (signed May 14, 2003) and the agreement between
the Government of the United States and the Government of the
Republic of the Marshall Islands (signed April 30, 2003) imple-
menting section 215 and section 216, respectively, of the Compacts
regarding a Trust Fund are authorized and may commence. If
the aforementioned H.J. Res. 63, S.J. Res. 16, or similar legislation
as identified in the President’s fiscal year 2004 budget to approve
the Compacts of Free Association (dated April 30, 2003, and May
14, 2003) and their related agreements is enacted, any funding
made available under this paragraph shall be considered to have
been made available and expended for and under that enacted
legislation purposes of funding for fiscal year 2004.
Section 231 of Public Law 99–239 is amended by striking
‘‘If these negotiations’’ and all that follows through the final period
and inserting the following: ‘‘The period for the enactment of legisla-
tion approving the agreements resulting from such negotiations
shall extend through the earlier of the date of the enactment
of such legislation or September 30, 2004, during which time the
provisions of this Compact, including title three, shall remain in
full force and effect.’’.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the Department
of the Interior, $78,933,000, of which not to exceed $8,500 may
48 USC 1901
note.
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117 STAT. 1262
PUBLIC LAW 108–108—NOV. 10, 2003
be for official reception and representation expenses, and of which
up to $1,000,000 shall be available for workers compensation pay-
ments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines: Provided,
That of this amount, sufficient funds shall be available for the
Secretary of the Interior, not later than 60 days after the last
day of the fiscal year, to submit to Congress a report on the
amount of acquisitions made by the Department of the Interior
during such fiscal year of articles, materials, or supplies that were
manufactured outside the United States. Such report shall sepa-
rately indicate the dollar value of any articles, materials, or supplies
purchased by the Department of the Interior that were manufac-
tured outside the United States, an itemized list of all waivers
under the Buy American Act (41 U.S.C. 10a et seq.) that were
granted with respect to such articles, materials, or supplies, and
a summary of total procurement funds spent on goods manufactured
in the United States versus funds spent on goods manufactured
outside of the United States. The Secretary of the Interior shall
make the report publicly available by posting the report on an
Internet website: Provided further, That none of the funds in this
or previous appropriations Acts may be used to establish any addi-
tional reserves in the Working Capital Fund account other than
the two authorized reserves without prior approval of the House
and Senate Committees on Appropriations.
Of the unobligated balances in the Special Foreign Currency
account, $1,400,000 are hereby canceled.
WORKING CAPITAL FUND
For the acquisition of a departmental financial and business
management system, $11,700,000, to remain available until
expended: Provided, That from unobligated balances under this
heading, $20,000,000 are hereby canceled.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901–6907), $227,500,000, of which
not to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$50,374,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$38,749,000, of which $3,812,000 shall be for procurement by con-
tract of independent auditing services to audit the consolidated
Department of the Interior annual financial statement and the
Deadline.
Reports.
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117 STAT. 1263
PUBLIC LAW 108–108—NOV. 10, 2003
annual financial statement of the Department of the Interior
bureaus and offices funded in this Act.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For the operation of trust programs for Indians by direct
expenditure, contracts,
cooperative agreements, compacts, and
grants, $189,641,000, to remain available until expended: Provided,
That of the amounts available under this heading not to exceed
$45,000,000 shall be available for records collection and indexing,
imaging and coding, accounting for per capita and judgment
accounts, accounting for tribal accounts, reviewing and distributing
funds from special deposit accounts, and program management
of the Office of Historical Trust Accounting, including litigation
support: Provided further, That nothing in the American Indian
Trust Management Reform Act of 1994, Public Law 103–412, or
in any other statute, and no principle of common law, shall be
construed or applied to require the Department of the Interior
to commence or continue historical accounting activities with respect
to the Individual Indian Money Trust until the earlier of the fol-
lowing shall have occurred: (a) Congress shall have amended the
American Indian Trust Management Reform Act of 1994 to delin-
eate the specific historical accounting obligations of the Department
of the Interior with respect to the Individual Indian Money Trust;
or (b) December 31, 2004: Provided further, That funds for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs,
‘‘Operation of Indian Programs’’ account; the Office of the Solicitor,
‘‘Salaries and Expenses’’ account; and the Departmental Manage-
ment, ‘‘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 contractor 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 Sec-
retary 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 withdrawn upon the express
written request of the account holder: Provided further, That not
to exceed $50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after Sep-
tember 30, 2002: Provided further, That erroneous payments that
are recovered shall be credited to and remain available in this
account for this purpose.
25 USC 4011
note.
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117 STAT. 1264
PUBLIC LAW 108–108—NOV. 10, 2003
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian lands and
expenses 
associated 
with 
redetermining 
and 
redistributing
escheated interests in allotted lands, and for necessary expenses
to carry out the Indian Land Consolidation Act of 1983, as amended,
by direct expenditure or cooperative agreement, $21,980,000, to
remain available until expended: Provided, That funds provided
under this heading may be expended pursuant to the authorities
contained in the provisos under the heading ‘‘Office of Special
Trustee for American Indians, Indian Land Consolidation’’ of the
Interior and Related Agencies Appropriations Act, 2001 (Public
Law 106–291).
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and restora-
tion 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 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 available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess surplus property: Provided,
That existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price for
the replacement aircraft: Provided further, That no programs funded
with appropriated funds in the ‘‘Departmental Management’’,
‘‘Office of the Solicitor’’, and ‘‘Office of Inspector General’’ may
be augmented through the Working Capital Fund: Provided further,
That the annual budget justification for Departmental Management
shall describe estimated Working Capital Fund charges to bureaus
and offices, including the methodology on which charges are based:
Provided further, That departures from the Working Capital Fund
estimates contained in the Departmental Management budget jus-
tification shall be presented to the Committees on Appropriations
for approval: Provided further, That the Secretary shall provide
a semi-annual report to the Committees on Appropriations on
reimbursable support agreements between the Office of the Sec-
retary and the National Business Center and the bureaus and
offices of the Department, including the amounts billed pursuant
to such agreements.
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 emergency reconstruction,
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117 STAT. 1265
PUBLIC LAW 108–108—NOV. 10, 2003
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be ‘‘emergency
requirements’’ pursuant to section 502 of H. Con. Res. 95, the
concurrent resolution on the budget for fiscal year 2004, and must
be replenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland
fires on or threatening lands under the jurisdiction of the Depart-
ment of the Interior; for the emergency rehabilitation of burned-
over lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage assess-
ment 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 (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 Mining Reclama-
tion 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 regulatory 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 reimbursement
to other Federal agencies for destruction of vehicles, 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 exhausted
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 502 of H. Con. Res. 95, the
concurrent resolution on the budget for fiscal year 2004, and must
be replenished by a supplemental appropriation which must be
requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
SEC. 103. Appropriations made in this title shall be available
for operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized
by sections 1535 and 1536 of title 31, United States Code: Provided,
That reimbursements for costs and supplies, materials, equipment,
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117 STAT. 1266
PUBLIC LAW 108–108—NOV. 10, 2003
and for services rendered may be credited to the appropriation
current at the time such reimbursements 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 telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library membership
in societies or associations which issue publications to members
only or at a price to members lower than to subscribers who
are not members.
SEC. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms
or allowances therefor, as authorized 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 contracts issued for serv-
ices or rentals for periods not in excess of 12 months beginning
at any time during the fiscal year.
SEC. 107. No funds provided in this title may be expended
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 degrees north latitude and east of 86 degrees west
longitude.
SEC. 108. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore 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. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural gas
preleasing, leasing and related activities in the Mid-Atlantic and
South Atlantic planning areas.
SEC. 110. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may provide for and regulate local non-rec-
reational passage through units of the National Park System,
allowing each unit to develop guidelines and permits for such
activity appropriate to that unit.
SEC. 111. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant to the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.) or the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.) may be invested by the Indian tribe, tribal
organization, or consortium before such funds are expended for
the purposes of the grant, compact, or annual funding agreement
so long as such funds are—
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in obliga-
tions or securities that are guaranteed or insured by the United
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117 STAT. 1267
PUBLIC LAW 108–108—NOV. 10, 2003
States, or mutual (or other) funds registered with the Securities
and Exchange Commission and which only invest in obligations
of the United States or securities that are guaranteed or insured
by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
SEC. 112. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any unobligated balances from prior appropriations
Acts made under the same headings shall be available for expendi-
ture or transfer for Indian trust management and reform activities,
except that total funding for historical accounting activities shall
not exceed amounts specifically designated in this Act for such
purpose.
SEC. 113. Notwithstanding any other provision of law, for the
purpose of reducing the backlog of Indian probate cases in the
Department of the Interior, the hearing requirements of chapter
10 of title 25, United States Code, are deemed satisfied by a pro-
ceeding conducted by an Indian probate judge, appointed by the
Secretary without regard to the provisions of title 5, United States
Code, governing the appointments in the competitive service, for
such period of time as the Secretary determines necessary: Provided,
That the basic pay of an Indian probate judge so appointed may
be fixed by the Secretary without regard to the provisions of chapter
51, and subchapter III of chapter 53 of title 5, United States
Code, governing the classification and pay of General Schedule
employees, except that no such Indian probate judge may be paid
at a level which exceeds the maximum rate payable for the highest
grade of the General Schedule, including locality pay.
SEC. 114. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inac-
curate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2004. Under circumstances of dual enrollment, overlap-
ping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
SEC. 115. Funds appropriated for the Bureau of Indian 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 Postsecondary Funding Formula adopted by
the Office of Indian Education Programs.
SEC. 116. (a) The Secretary of the Interior shall take such
action as may be necessary to ensure that the lands comprising
the Huron Cemetery in Kansas City, Kansas (as described in section
123 of Public Law 106–291) are used only in accordance with
this section.
(b) The lands of the Huron Cemetery shall be used only: (1)
for religious and cultural uses that are compatible with the use
of the lands as a cemetery; and (2) as a burial ground.
SEC. 117. Notwithstanding any other provision of law, in con-
veying the Twin Cities Research Center under the authority pro-
vided by Public Law 104–134, as amended by Public Law 104–
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117 STAT. 1268
PUBLIC LAW 108–108—NOV. 10, 2003
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife Refuge
System within the State of Minnesota; and (2) for all activities
authorized by Public Law 100–696; 16 U.S.C. 460zz.
SEC. 118. Notwithstanding other provisions of law, the National
Park Service hereafter may authorize, through cooperative agree-
ment, the Golden Gate National Parks Association to provide fee-
based education, interpretive and visitor service functions within
the Crissy Field and Fort Point areas of the Presidio.
SEC. 119. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or seed-
lings including those collected in fiscal year 2003, may be credited
to the appropriation from which funds were expended to acquire
or grow the seeds or seedlings and are available without fiscal
year limitation.
SEC. 120. 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. 121. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon and
Hart National Wildlife Refuges for the purpose of capturing and
transporting horses and burros. The provisions of subsection (a)
of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be
applicable to such use. Such use shall be in accordance with humane
procedures prescribed by the Secretary.
SEC. 122. Of the funds made available under the heading
‘‘Bureau of Land Management, Land Acquisition’’ in title I of the
Department of the Interior and Related Agencies Appropriation
Act, 2002 (115 Stat. 420), the Secretary of the Interior shall grant
$500,000 to the City of St. George, Utah, for the purchase of
the land as provided in the Virgin River Dinosaur Footprint Pre-
serve Act (116 Stat. 2896), with any surplus funds available after
the purchase to be available for the purpose of the preservation
of the land and the paleontological resources on the land.
SEC. 123. Funds provided in this Act for Federal land acquisi-
tion by the National Park Service for Shenandoah Valley Battle-
fields National Historic District, New Jersey Pinelands Preserve,
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 without 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. 124. 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. 125. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey 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.
16 USC 460bb
note.
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117 STAT. 1269
PUBLIC LAW 108–108—NOV. 10, 2003
SEC. 126. None of the funds made available in this or any
other Act for any fiscal year may be used to designate, or to
post any sign designating, any portion of Canaveral National Sea-
shore in Brevard County, Florida, as a clothing-optional area or
as an area in which public nudity is permitted, if such designation
would be contrary to county ordinance.
SEC. 127. 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, appointed by the United States
District Court for the District of Columbia in the Cobell v. Norton
litigation at an annual rate that exceeds 200 percent of the highest
Senior Executive Service rate of pay for the Washington-Baltimore
locality pay area.
SEC. 128. The Secretary of the Interior may use discretionary
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 pay-
ments under this section that would result in payment of hourly
fees in excess of the highest hourly rate approved by the District
Court for the District of Columbia for counsel in Cobell v. Norton.
SEC. 129. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endan-
gered 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. 130. Such sums as may be necessary from ‘‘Departmental
Management, Salaries and Expenses’’, may be transferred to
‘‘United States Fish and Wildlife Service, Resource Management’’
for operational needs at the Midway Atoll National Wildlife Refuge
airport.
SEC. 131. (a) IN GENERAL.—Nothing in section 134 of the
Department of the Interior and Related Agencies Appropriations
Act, 2002 (115 Stat. 443) affects the decision of the United States
Court of Appeals for the 10th Circuit in Sac and Fox Nation v.
Norton, 240 F.3d 1250 (2001).
(b) USE OF CERTAIN INDIAN LAND.—Nothing in this section
permits the conduct of gaming under the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) on land described in section 123
of the Department of the Interior and Related Agencies Appropria-
tions Act, 2001 (114 Stat. 944), or land that is contiguous to that
land, regardless of whether the land or contiguous land has been
taken into trust by the Secretary of the Interior.
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. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25
U.S.C. 2717(a)), the total amount of all fees imposed by the National
Indian Gaming Commission for fiscal year 2005 shall not exceed
$12,000,000.
16 USC 459j–4
note.
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117 STAT. 1270
PUBLIC LAW 108–108—NOV. 10, 2003
SEC. 134. The State of Utah’s contribution requirement pursu-
ant to Public Law 105–363 shall be deemed to have been satisfied
and within thirty days of enactment of this Act, the Secretary
of the Interior shall transfer to the State of Utah all right, title,
and interest of the United States in and to the Wilcox Ranch
lands acquired under section 2(b) of Public Law 105–363, for
management by the Utah Division of Wildlife Resources for wildlife
habitat and public access to the Ranch as well as to adjacent
lands managed by the Bureau of Land Management.
SEC. 135. Upon enactment of this Act, the Congaree Swamp
National Monument shall be designated the Congaree National
Park.
SEC. 136. (a) Section 122 of division F of Public Law 108–
7 is amended as follows:
(1) Paragraph 122(a)(4) is amended to read—
‘‘(4) TRIBALLY
CONTROLLED
SCHOOL.—The term ‘tribally
controlled school’ means a school that currently receives a
grant under the Tribally Controlled 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).’’.
(2) Paragraph 122(b)(1) is amended by striking the second
sentence and inserting: ‘‘The Secretary shall ensure that
applications for funding to replace schools currently receiving
funding for facility operation and maintenance from the Bureau
of Indian Affairs receive the highest priority for grants under
this section. Among such applications, the Secretary shall give
priority to applications of Indian tribes that agree to fund
all future facility operation and maintenance costs of the trib-
ally controlled school funded under the demonstration program
from other than Federal funds.’’.
(3) Subsection (c) is amended by inserting after ‘‘EFFECT
OF GRANT.—’’ the following: ‘‘(1) Except as provided in para-
graph (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 not be eligible to
receive funding from the Bureau of Indian Affairs for that
school for education operations or facility operation and mainte-
nance 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 Tribally Controlled
Schools Act or the Indian Self-Determination and Education
Assistance Act or (ii) a school operated by the Bureau of Indian
Affairs.’’.
(b) Notwithstanding the provisions of paragraph (b)(1) of section
122 of division F of Public Law 108–7, as amended by this Act,
the Saginaw-Chippewa tribal school and the Redwater Elementary
School shall receive priority for funding available in fiscal year
2004. The Saginaw-Chippewa tribal school shall receive $3,000,000
from prior year funds, and the Redwater Elementary School shall
receive $6,000,000 available in fiscal year 2004.
SEC. 137. The Secretary shall have no more than 180 days
from October 1, 2003, to prepare and submit to the Congress,
in a manner otherwise consistent with the Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), plans
Deadline.
25 USC 2501
note.
Congaree
National Park,
designation.
16 USC 410jjj
note.
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117 STAT. 1271
PUBLIC LAW 108–108—NOV. 10, 2003
for the use and distribution of the Mescalero Apache Tribe’s Judg-
ment Funds from Docket 92–403L, the Pueblo of Isleta’s Judgment
Funds from Docket 98–166L, and the Assiniboine and Sioux Tribes
of the Fort Peck Reservation’s Judgment Funds in Docket No.
773–87–L of the United States Court of Federal Claims; each plan
shall become effective upon the expiration of a 60-day period begin-
ning on the day each plan is submitted to the Congress.
SEC. 138. (a) SHORT TITLE.—This section may be cited as the
‘‘Eastern Band of Cherokee Indians Land Exchange Act of 2003’’.
(b) FINDINGS AND PURPOSES.—
(1) FINDINGS.—Congress finds the following:
(A) Since time immemorial, the ancestors of the
Eastern Band of Cherokee Indians have lived in the Great
Smoky Mountains of North Carolina. The Eastern Band’s
ancestral homeland includes substantial parts of seven
eastern States and the land that now constitutes the Great
Smoky Mountains National Park.
(B) The Eastern Band has proposed a land exchange
with the National Park Service and has spent over
$1,500,000 for studies to thoroughly inventory the environ-
mental and cultural resources of the proposed land
exchange parcels.
(C) Such land exchange would benefit the American
public by enabling the National Park Service to acquire
the Yellow Face tract, comprising 218 acres of land adjacent
to the Blue Ridge Parkway.
(D) Acquisition of the Yellow Face tract for protection
by the National Park Service would serve the public
interest by preserving important views for Blue Ridge Park-
way visitors, preserving habitat for endangered species and
threatened species including the northern flying squirrel
and the rock gnome lichen, preserving valuable high alti-
tude wetland seeps, and preserving the property from rap-
idly advancing residential development.
(E) The proposed land exchange would also benefit
the Eastern Band by allowing it to acquire the Ravensford
tract, comprising 143 acres adjacent to the Tribe’s trust
territory in Cherokee, North Carolina, and currently within
the Great Smoky Mountains National Park and Blue Ridge
Parkway. The Ravensford tract is part of the Tribe’s ances-
tral homeland as evidenced by archaeological finds dating
back no less than 6,000 years.
(F) The Eastern Band has a critical need to replace
the current Cherokee Elementary School, which was built
by the Department of the Interior over 40 years ago with
a capacity of 480 students. The school now hosts 794 stu-
dents in dilapidated buildings and mobile classrooms at
a dangerous highway intersection in downtown Cherokee,
North Carolina.
(G) The Eastern Band ultimately intends to build a
new three-school campus to serve as an environmental,
cultural, and educational ‘‘village,’’ where Cherokee lan-
guage and culture can be taught alongside the standard
curriculum.
Eastern Band of
Cherokee Indians
Land Exchange
Act of 2003.
16 USC 460a–5
note.
Effective dates.
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117 STAT. 1272
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(H) The land exchange and construction of this edu-
cational village will benefit the American public by pre-
serving Cherokee traditions and fostering a vibrant,
modern, and well-educated Indian nation.
(I) The land exchange will also reunify tribal reserva-
tion lands now separated between the Big Cove Community
and the balance of the Qualla Boundary, reestablishing
the territorial integrity of the Eastern Band.
(J) The Ravensford tract contains no threatened species
or endangered species listed pursuant to the Endangered
Species Act of 1973. The 218-acre Yellow Face tract has
a number of listed threatened species and endangered spe-
cies and a higher appraised value than the 143-acre
Ravensford tract.
(K) The American public will benefit from the Eastern
Band’s commitment to mitigate any impacts on natural
and cultural resources on the Ravensford tract, by among
other things reducing the requested acreage from 168 to
143 acres.
(L) The Congress and the Department of the Interior
have approved land exchanges in the past when the bene-
fits to the public and requesting party are clear, as they
are in this case.
(2) PURPOSES.—The purposes of this section are the fol-
lowing:
(A) To acquire the Yellow Face tract for protection
by the National Park Service, in order to preserve the
Waterrock Knob area’s spectacular views, endangered spe-
cies and high altitude wetland seeps from encroachment
by housing development, for the benefit and enjoyment
of the American public.
(B) To transfer the Ravensford tract, to be held in
trust by the United States for the benefit of the Eastern
Band of Cherokee Indians, in order to provide for an edu-
cation facility that promotes the cultural integrity of the
Eastern Band and to reunify two Cherokee communities
that were historically contiguous, while mitigating any
impacts on natural and cultural resources on the tract.
(C) To promote cooperative activities and partnerships
between the Eastern band and the National Park Service
within the Eastern Band’s ancestral homelands.
(c) LAND EXCHANGE.—
(1) IN GENERAL.—The Secretary of the Interior (‘‘Secretary’’)
shall exchange the Ravensford tract, currently in the Great
Smoky Mountains National Park and the Blue Ridge Parkway,
for the Yellow Face tract adjacent to the Waterrock Knob
Visitor Center on the Blue Ridge Parkway.
(2) TREATMENT
OF
EXCHANGED
LANDS.—Effective upon
receipt by the Secretary of a deed or deeds satisfactory to
the Secretary for the lands comprising the Yellow Face tract
(as described in subsection (3)) to the United States, all right,
title, and interest of the United States in and to the Ravensford
tract (as described in subsection (4)), including all improve-
ments and appurtenances, are declared to be held in trust
by the United States for the benefit of the Eastern Band of
Cherokee Indians as part of the Cherokee Indian Reservation.
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117 STAT. 1273
PUBLIC LAW 108–108—NOV. 10, 2003
(3) YELLOW FACE TRACT.—The Yellow Face tract shall con-
tain Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face
Section, Qualla Township, Jackson County, North Carolina,
which consist altogether of approximately 218 acres and are
depicted as the ‘‘Yellow Face Tract’’ on the map entitled ‘‘Land
Exchange Between the National Park Service and the Eastern
Band of Cherokee Indians,’’ numbered 133/80020A, and dated
November 2002. The map shall be on file and available for
public inspection in the appropriate offices of the National
Park Service and the Bureau of Indian Affairs. Upon completion
of the land exchange, the Secretary shall adjust the boundary
of the Blue Ridge Parkway to include such lands and shall
manage the lands as part of the parkway.
(4) RAVENSFORD TRACT.—The lands declared by subsection
(2) to be held in trust for the Eastern Band of Cherokee Indians
shall consist of approximately 143 acres depicted as the
‘‘Ravensford Tract’’ on the map identified in subsection (3).
Upon completion of the land exchange, the Secretary shall
adjust the boundaries of Great Smoky Mountains National
Park and the Blue Ridge Parkway to exclude such lands.
(5) LEGAL DESCRIPTIONS.—Not later than 1 year after the
date of enactment of this section, the Secretary of the Interior
shall file a legal description of the areas described in sub-
sections (3) and (4) with the Committee on Resources of the
House of Representatives and the Committee on Indian Affairs
and the Committee on Energy and Natural Resources of the
Senate. Such legal descriptions shall have the same force and
effect as if the information contained in the description were
included in those subsections except that the Secretary may
correct clerical and typographical errors in such legal descrip-
tions. The legal descriptions shall be on file and available
for public inspection in the offices of the National Park Service
and the Bureau of Indian Affairs.
(d) IMPLEMENTATION PROCESS.—
(1) GOVERNMENT-TO-GOVERNMENT AGREEMENTS.—In order
to fulfill the purposes of this section and to establish cooperative
partnerships for purposes of this section the Director of the
National Park Service and the Eastern Band of Cherokee
Indians shall enter into government-to-government consulta-
tions and shall develop protocols to review planned construction
on the Ravensford tract. The Director of the National Park
Service is authorized to enter into cooperative agreements with
the Eastern Band for the purpose of providing training,
management, protection, preservation, and interpretation of the
natural and cultural resources on the Ravensford tract.
(2) CONSTRUCTION
STANDARDS.—Recognizing the mutual
interests and responsibilities of the Eastern Band of Cherokee
Indians and the National Park Service for the conservation
and protection of the resources on the Ravensford tract, the
National Park Service and the Eastern Band shall develop
mutually agreed upon standards for size, impact, and design
of construction consistent with the purposes of this section
on the Ravensford tract. The standards shall be consistent
with the Eastern Band’s need to develop educational facilities
and support infrastructure adequate for current and future
generations and shall otherwise minimize or mitigate any
adverse impacts on natural or cultural resources. The standards
Deadline.
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117 STAT. 1274
PUBLIC LAW 108–108—NOV. 10, 2003
shall be based on recognized best practices for environmental
sustainability and shall be reviewed periodically and revised
as necessary. Development of the tract shall be limited to
a road and utility corridor, an educational campus, and the
infrastructure necessary to support such development. No new
structures shall be constructed on the part of the Ravensford
tract depicted as the ‘‘No New Construction’’ area on the map
referred to in subsection (c)(3), which is generally the area
north of the point where Big Cove Road crosses the Raven
Fork River. All development on the Ravensford tract shall
be conducted in a manner consistent with this section and
such development standards.
(e) GAMING PROHIBITION.—Gaming as defined and regulated
by the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)
shall be prohibited on the Ravensford tract.
SEC. 139. Notwithstanding any implementation of the Depart-
ment of the Interior’s trust reorganization plan within fiscal years
2003 or 2004, funds appropriated for fiscal year 2004 shall be
available to the tribes within the California Tribal Trust Reform
Consortium and to the Salt River Pima Maricopa Indian Commu-
nity, the Confederated Salish-Kootenai Tribes of the Flathead Res-
ervation and the Chippewa Cree Tribe of the Rocky Boys Reserva-
tion on the same basis as funds were distributed in fiscal year
2003. This Demonstration Project shall operate separate and apart
from the Department of the Interior’s trust reform reorganization,
and the Department shall not impose its trust management infra-
structure upon or alter the existing trust resource management
systems of the above referenced tribes having a self-governance
compact and operating in accordance with the Tribal Self-Govern-
ance Program set forth in 25 U.S.C. Sections 458aa–458hh: Pro-
vided, That the California Trust Reform Consortium and any other
participating tribe agree to carry out their responsibilites under
the same fiduciary standards as those to which the Secretary of
the Interior is held: Provided further, That they demonstrate to
the satisfaction of the Secretary that they have the capability to
do so.
SEC. 140. (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 extensive cul-
tural 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.
(C) The Blue Ridge Mountains of western North Caro-
lina, 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;
Blue Ridge
National
Heritage Area
Act of 2003.
16 USC 461 note.
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117 STAT. 1275
PUBLIC LAW 108–108—NOV. 10, 2003
(II) was the origin of the traditional 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 Mountains 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 traditions that—
(I) includes stringband music, bluegrass,
ballad singing, blues, and sacred music;
(II) has received national recognition; 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 tradi-
tions practiced by the Eastern Band of Cher-
okee Indians;
(bb) authentic tradition bearers;
(cc) historic sites; and
(dd) historically important collections of
Cherokee artifacts; and
(iv) the agricultural heritage established by the
Cherokee Indians, including medicinal and ceremonial
food crops, combined with the historic European pat-
terns of raising livestock, culminating in the 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 recognized 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, Ten-
nessee, and Georgia.
(G) there are significant cultural, economic, and edu-
cational benefits in celebrating and promoting this mutual
heritage.
(H) according to the 2002 reports entitled ‘‘The Blue
Ridge Heritage and Cultural Partnership’’ and ‘‘Western
North Carolina National Heritage Area Feasibility Study
and Plan’’, the Blue Ridge Mountains contain numerous
resources that are of outstanding importance to the history
of the United States.
(I) it is in the interest of the United States to preserve
and interpret the cultural and historical resources of the
Blue Ridge Mountains for the education and benefit of
present and future generations.
(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 opportunities.
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117 STAT. 1276
PUBLIC LAW 108–108—NOV. 10, 2003
(c) DEFINITIONS.—
(1) In this section:
(A) HERITAGE AREA.—The term ‘‘Heritage Area’’ means
the Blue Ridge National Heritage Area established by sub-
section (d).
(B) MANAGEMENT
ENTITY.—The term ‘‘management
entity’’ means the management entity for the Heritage
Area designated by subsection (d)(3).
(C) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area
approved under subsection (e).
(D) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior.
(E) STATE.—The term ‘‘State’’ means the State of North
Carolina.
(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 subsection (i), the Blue Ridge
National Heritage Area Partnership shall be the manage-
ment entity for the Heritage Area.
(B) BOARD OF DIRECTORS.—
(i) COMPOSITION.—The management entity shall
be governed by a board of directors composed of nine
members, of whom—
(I) two members shall be appointed by
AdvantageWest;
(II) two members shall be appointed by Hand-
Made In America, Inc.;
(III) one member shall be appointed by the
Education Research Consortium of Western North
Carolina;
(IV) one member shall be appointed by the
Eastern Band of the Cherokee Indians; and
(V) three members shall be appointed 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 tourism, economic
and community development, regional plan-
ning, historic preservation, cultural or natural
resources development, regional planning, con-
servation, 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 management entity shall
Deadline.
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117 STAT. 1277
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submit to the Secretary for approval a management plan for
the Heritage Area.
(2) CONSIDERATION
OF
OTHER
PLANS
AND
ACTIONS.—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 residents, public
agencies, and private organizations in the Heritage Area.
(3) CONTENTS.—The management plan shall—
(A) present comprehensive recommendations and
strategies for the conservation, funding, management, and
development of the Heritage Area;
(B) identify existing and potential sources of Federal
and non-Federal funding for the conservation, manage-
ment, and development of the Heritage Area; and
(C) include—
(i) an inventory of the cultural, historical, natural,
and recreational resources of the Heritage Area,
including a list of property that—
(I) relates to the purposes of the Heritage
Area; and
(II) should be conserved, restored, managed,
developed, or maintained because of the signifi-
cance of the property;
(ii) a program of strategies and actions for the
implementation of the management plan that identifies
the roles of agencies and organizations that are
involved in the implementation of the management
plan;
(iii) an interpretive and educational plan for the
Heritage Area;
(iv) a recommendation of policies for resource
management and protection that develop intergovern-
mental cooperative agreements to manage and protect
the cultural, historical, natural, and recreational
resources of the Heritage Area; and
(v) an analysis of ways in which Federal, 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 Secretary shall not provide any additional
funding under this section until a management plan is sub-
mitted to the Secretary.
(5) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.—
(A) IN GENERAL.—Not later than 90 days after receiving
the management plan submitted under paragraph (1), the
Secretary shall approve 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 landowners, busi-
ness interests, nonprofit organizations, and govern-
ments in the Heritage Area; and
Deadline.
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117 STAT. 1278
PUBLIC LAW 108–108—NOV. 10, 2003
(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 revisions 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 REVISION.—Not later
than 60 days after the date on which a revision is submitted
under subparagraph (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 management entity shall
periodically—
(i) review the management plan; and
(ii) submit to the Secretary, for review and
approval, the recommendation of the 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 MANAGEMENT ENTITY.—
(1) AUTHORITIES.—For the purposes of developing and
implementing the management plan, the management entity
may use funds made available under subsection (i) to—
(A) make grants to, and enter into cooperative agree-
ments 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 management plan while
considering the interests of diverse units of government,
businesses, private property owners, and nonprofit groups
in the Heritage Area;
(B) conduct public meetings in the Heritage Area at
least semiannually on the development and implementation
of the management plan;
(C) give priority to the implementation of actions, goals,
and strategies in the management 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 interpretive
exhibits in the Heritage Area;
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(iv) 
developing 
recreational 
and 
educational
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
(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 manage-
ment entity; and
(III) each entity to which a grant was made;
(ii) make available for audit by Congress, the Sec-
retary, and appropriate units of government, all
records relating to the expenditure of funds and any
matching funds; and
(iii) require, for all agreements authorizing
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.—
(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 cultural, histor-
ical, natural, and recreational resources of the Heritage
Area; and
(B) the provision of educational, interpretive, and rec-
reational 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 regula-
tions).
(2) PRIVATE PROPERTY.—Nothing in this section—
(A) abridges the rights of any person with respect
to private property;
(B) affects the authority of the State or local govern-
ment with respect to private property; or
(C) imposes any additional burden on any property
owner.
(i) AUTHORIZATION OF APPROPRIATIONS.—
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(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 terminates on the date
that is 15 years after the date of enactment of this section.
SEC. 141.
(a) PAYMENT
TO
THE HARRIET TUBMAN HOME,
AUBURN, NEW YORK, AUTHORIZED.—(1) The Secretary of the Interior
may, using amounts appropriated or otherwise made available by
this title, make a payment to the Harriet Tubman Home in Auburn,
New York, in the amount of $11,750.
(2) The amount specified in paragraph (1) is the amount of
widow’s pension that Harriet Tubman should have received from
January 1899 to March 1913 under various laws authorizing pen-
sion for the death of her husband, Nelson Davis, a deceased veteran
of the Civil War, but did not receive, adjusted for inflation since
March 1913.
(b) USE OF AMOUNTS.—The Harriet Tubman Home shall use
amounts paid under subsection (a) for the purposes of—
(1) preserving and maintaining the Harriet Tubman Home;
and
(2) honoring the memory of Harriet Tubman.
SEC. 142. Nonrenewable grazing permits authorized in the
Jarbidge Field Office, Bureau of Land Management within the
past seven years shall be renewed under section 402 of the Federal
Land Policy and Management Act of 1976, as amended (43 U.S.C.
1752) and under section 3 of the Taylor Grazing Act of 1934,
as amended (43 U.S.C. 315b). The terms and conditions contained
in the most recently expired nonrenewable grazing permit shall
continue in effect under the renewed permit. Upon completion of
any required analysis or documentation, the permit may be can-
celed, suspended or modified, in whole or in part, to meet the
requirements of applicable laws and regulations. Nothing in this
section shall be deemed to extend the nonrenewable permits beyond
the standard 1-year term.
SEC. 143. INTERIM COMPENSATION PAYMENTS. Section 2303(b)
of Public Law 106–246 (114 Stat. 549) is amended by inserting
before the period at the end the following: ‘‘, unless the amount
of the interim compensation exceeds the amount of the final com-
pensation’’.
SEC. 144. Pursuant to section 10101f(d)(3) of the Omnibus
Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3), the following
claims shall be given notice of defect and the opportunity to cure:
AKFF054162–AKFF054163, 
AKFF054165–AKFF054166, 
and
AKFF054170–AKFF054171.
SEC. 145. None of the funds appropriated or otherwise made
available by this or any other Act, hereafter enacted, may be used
to permit the use of the National Mall for a special event, unless
the permit expressly prohibits the erection, placement, or use of
structures and signs bearing commercial advertising. The Secretary
may allow for recognition of sponsors of special events: Provided,
That the size and form of the recognition shall be consistent with
the special nature and sanctity of the Mall and any lettering or
design identifying the sponsor shall be no larger than one-third
16 USC 1a–1
note.
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PUBLIC LAW 108–108—NOV. 10, 2003
the size of the lettering or design identifying the special event.
In approving special events, the Secretary shall ensure, to the
maximum extent practicable, that public use of, and access to
the Mall is not restricted. For purposes of this section, the term
‘‘special event’’ shall have the meaning given to it by section
7.96(g)(1)(ii) of title 36, Code of Federal Regulations.
SEC. 146. In addition to amounts provided to the Department
of the Interior in this Act, $5,000,000 is provided for a grant
to Kendall County, Illinois.
SEC. 147. CONVEYANCE TO THE CITY OF LAS VEGAS, NEVADA.
Section 705(b) of the Clark County Conservation of Public Land
and Natural Resources Act of 2002 (116 Stat. 2015) is amended
by inserting after ‘‘map’’ the following: ‘‘and the approximately
10 acres of land in Clark County, Nevada, described as the NW1⁄4
SE1⁄4 SW1⁄4 of section 28, T. 20 S., R. 60 E., Mount Diablo Base
and Meridian’’.
SEC. 148. CONGAREE SWAMP NATIONAL MONUMENT BOUNDARY
REVISION. The first section of Public Law 94–545 (90 Stat. 2517;
102 Stat. 2607) is amended—
(1) in subsection (b), by striking the last sentence; and
(2) by adding at the end the following:
‘‘(c) ACQUISITION OF ADDITIONAL LAND.—
‘‘(1) IN GENERAL.—The Secretary may acquire by donation,
by purchase from a willing seller with donated or appropriated
funds, by transfer, or by exchange, land or an interest in
land described in paragraph (2) for inclusion in the monument.
‘‘(2) DESCRIPTION OF LAND.—The land referred to in para-
graph (1) is the approximately 4,576 acres of land adjacent
to the Monument, as depicted on the map entitled ‘‘Congaree
National Park Boundary Map’’, numbered 178/80015, and dated
August 2003.
‘‘(3) AVAILABILITY OF MAP.—The map referred to in para-
graph (2) shall be on file and available for public inspection
in the appropriate offices of the National Park Service.
‘‘(4) BOUNDARY REVISION.—On acquisition of the land or
an interest in land under paragraph (1), the Secretary shall
revise the boundary of the monument to reflect the acquisition.
‘‘(5) ADMINISTRATION.—Any land acquired by the Secretary
under paragraph (1) shall be administered by the Secretary
as part of the monument.
‘‘(6) EFFECT.—Nothing in this section—
‘‘(A) affects the use of private land adjacent to the
monument;
‘‘(B) preempts the authority of the State with respect
to the regulation of hunting, fishing, boating, and wildlife
management on private land or water outside the bound-
aries of the monument; or
‘‘(C) negatively affects the economic development of
the areas surrounding the monument.
‘‘(d) ACREAGE LIMITATION.—The total acreage of the monument
shall not exceed 26,776 acres.’’.
SEC. 149. Section 104 (16 U.S.C. 1374) is amended in subsection
(c)(5)(D) by striking ‘‘the date of the enactment of the Marine
Mammal Protection Act Amendments of 1994’’ and inserting ‘‘Feb-
ruary 18, 1997’’.
SEC. 150. The National Park Service shall issue a special regu-
lation concerning continued hunting at New River Gorge National
Regulations.
16 USC 460m–20
note.
16 USC 431 note.
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117 STAT. 1282
PUBLIC LAW 108–108—NOV. 10, 2003
River in compliance with the requirements of the Administrative
Procedures Act, with opportunity for public comment, and shall
also comply with the National Environmental Policy Act as appro-
priate. Notwithstanding any other provision of law, the September
25, 2003 interim final rule authorizing continued hunting at New
River Gorge National River shall be in effect until the final special
regulation supercedes it.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $269,710,000, to remain available until
expended: Provided, That of the funds provided, $52,359,000 is
for the forest inventory and analysis program.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing tech-
nical and financial assistance to States, territories, possessions,
and others, and for forest health management, including treatments
of pests, pathogens, and invasive or noxious plants and for restoring
and rehabilitating forests damaged by pests or invasive plants,
cooperative forestry, and education and land conservation activities
and 
conducting 
an 
international 
program 
as 
authorized,
$308,140,000, to remain available until expended, as authorized
by law of which $64,934,000 is to be derived from the Land and
Water Conservation Fund: 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 Service 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 acquisition 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 ease-
ments shall require that the State demonstrates that 25 percent
of the total value of the project is comprised of a non-Federal
cost share: Provided further, That notwithstanding any other provi-
sion of law, of the funds provided under this heading, $500,000
shall be made available to Kake Tribal Corporation as an advance
direct lump sum payment to implement the Kake Tribal Corporation
Land Transfer Act (Public Law 106–283).
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, $1,382,916,000, to remain avail-
able until expended, which shall include 50 percent of all moneys
received during prior fiscal years as fees collected under the Land
Grants.
Notification.
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117 STAT. 1283
PUBLIC LAW 108–108—NOV. 10, 2003
and Water Conservation Fund Act of 1965, as amended, in accord-
ance 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: Provided further, That the Secretary may
authorize the expenditure 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:
Provided further, That of the funds provided under this heading
for Forest Products, $5,000,000 shall be allocated to the Alaska
Region, in addition to its normal allocation for the purposes of
preparing additional timber for sale, to establish a 3-year timber
supply and such funds may be transferred to other appropriations
accounts as necessary to maximize accomplishment: Provided fur-
ther, That of the funds provided under this heading, $3,150,000
is for expenses required to implement title I of Public Law 106–
248, to be segregated in a separate fund established by the Secretary
of Agriculture: Provided further, That within funds available for
the purpose of implementing the Valles Caldera Preservation Act,
notwithstanding the limitations of section 107(e)(2) of the Valles
Caldera Preservation Act (Public Law 106–248), for fiscal year
2004, the Chair of the Board of Trustees of the Valles Caldera
Trust may receive, upon request, compensation for each day
(including travel time) that the Chair is engaged in the performance
of the functions of the Board, except that compensation shall not
exceed the daily equivalent of the annual rate in effect for members
of the Senior Executive Service at the ES–1 level, and shall be
in addition to any reimbursement for travel, subsistence and other
necessary expenses incurred by the Chair in the performance of
the Chair’s duties.
For an additional amount to reimburse the Judgment Fund
as required by 41 U.S.C. 612(c) for judgment liabilities 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 reduction on or adjacent to such lands,
and for emergency rehabilitation of burned-over National Forest
System lands and water, $1,643,212,000, to remain available until
expended: Provided, That such funds including unobligated balances
under this head, are available for repayment of advances from
other appropriations accounts previously transferred for such pur-
poses: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided
in response to wildfire and other emergencies or disasters to the
extent such reimbursements by the Forest Service for non-fire emer-
gencies are fully repaid by the responsible emergency management
agency: Provided further, That not less than 50 percent of any
unobligated balances remaining (exclusive of amounts for hazardous
fuels reduction) at the end of fiscal year 2003 shall be transferred,
as repayment for past advances that have not been repaid, to
the fund established pursuant to section 3 of Public Law 71–
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117 STAT. 1284
PUBLIC LAW 108–108—NOV. 10, 2003
319 (16 U.S.C. 576 et seq.): Provided further, That notwithstanding
any other provision of law, $8,000,000 of funds appropriated under
this appropriation 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 appropriation, are also available in the
utilization of these funds for Fire Science Research: Provided fur-
ther, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction activities
in the urban-wildland interface, support to Federal emergency
response, and wildfire suppression activities of the Forest Service:
Provided further, That of the funds provided, $236,392,000 is for
hazardous fuels reduction activities, $7,000,000 is for rehabilitation
and restoration, $22,300,000 is for research activities and to make
competitive research grants pursuant to the Forest and Rangeland
Renewable Resources Research Act, as amended (16 U.S.C. 1641
et seq.), $51,700,000 is for State fire assistance, $8,240,000 is for
volunteer fire assistance, $25,000,000 is for forest health activities
on State, private, and Federal lands: 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 assistance, volun-
teer fire assistance, forest health management, forest and rangeland
research, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and res-
toration: Provided further, That transfers of any amounts in excess
of those authorized in this paragraph, shall require approval of
the House and Senate Committees on Appropriations in compliance
with reprogramming procedures contained in the statement of man-
agers accompanying this Act: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further, That in addition
to funds provided for State Fire Assistance programs, and subject
to all authorities available to the Forest Service under the State
and Private Forestry Appropriations, up to $15,000,000 may be
used on adjacent non-Federal lands for the purpose of protecting
communities when hazard reduction activities are planned on
national forest lands that have the potential to place such commu-
nities at risk: Provided further, That included in funding for haz-
ardous fuel reduction is $5,000,000 for implementing the Commu-
nity 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 accordance with authorities available to the Forest Service
under the State and Private Forestry Appropriation: Provided fur-
ther, That in using the funds provided in this Act for hazardous
fuels reduction activities, the Secretary of Agriculture may conduct
fuel reduction treatments on Federal lands using all contracting
and hiring authorities available to the Secretary applicable to haz-
ardous fuel reduction activities under the wildland fire management
accounts: Provided further, That notwithstanding Federal Govern-
ment procurement and contracting laws, the Secretaries may con-
duct fuel reduction treatments, rehabilitation and restoration, and
other activities authorized under this heading on and adjacent
to Federal lands using grants and cooperative agreements: Provided
further, That notwithstanding Federal Government procurement
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PUBLIC LAW 108–108—NOV. 10, 2003
and contracting laws, in order to provide employment and training
opportunities to people in rural communities, the Secretaries may
award contracts, including contracts for monitoring activities, to
local private, non-profit, or cooperative entities; Youth Conservation
Corps crews or related partnerships, 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 complete such contracts: Provided further, That the authorities
described above relating to contracts, grants, and cooperative agree-
ments are available until all funds provided in this title for haz-
ardous 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 appropriated for wildland fire management, in an aggregate
amount not to exceed $12,000,000, between the Departments when
such transfers would facilitate and expedite jointly funded wildland
fire management programs and projects.
For an additional amount, $301,000,000, to repay prior year
advances from other appropriations from which funds were trans-
ferred for wildfire suppression and emergency rehabilitation activi-
ties: Provided, That this additional amount is designated by the
Congress as an emergency requirement pursuant to section 502
of H. Con. Res. 95 (108th Congress), the concurrent resolution
on the budget for fiscal year 2004: Provided further, That this
additional amount and $253,000,000 of the funds appropriated to
the Forest Service for the repayment of advances for fire suppres-
sion in Public Law 108–83, shall be transferred to the following
Forest Service accounts: $96,000,000 to the Land Acquisition
account, $95,000,000 to the Capital Improvement and Maintenance
account, $9,000,000 to the Working Capital Fund, $52,000,000 to
the National Forest System account, $31,000,000 to the State and
Private Forestry account, $10,000,000 to the Forest and Rangeland
Research 
account, 
$35,000,000 
to 
the 
Salvage 
Sale 
fund,
$28,000,000 to the Timber Purchaser Election account, $154,000,000
to the Knutson Vandenburg fund, $20,000,000 to the Brush Disposal
account, $14,000,000 to the Forest Service Recreation Fee Dem-
onstration fund, and $10,000,000 to the Forest Land Enhancement
Program account.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not otherwise
provided for, $562,154,000, to remain available until expended for
construction, reconstruction, maintenance and acquisition of
buildings and other facilities, and for construction, reconstruction,
repair, decommissioning, 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: Provided fur-
ther, That the Forest Service shall transfer $350,000 appropriated
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117 STAT. 1286
PUBLIC LAW 108–108—NOV. 10, 2003
in Public Law 108–7 within the Capital Improvement and Mainte-
nance appropriation to the State and Private Forestry appropria-
tion, and shall provide these funds for planning and construction
of backcountry huts in Alaska.
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 administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service,
$67,191,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended: Provided, That not-
withstanding any limitations of the Land and Water Conservation
Fund Act (16 U.S.C. 460l–9), the Secretary of Agriculture is hence-
forth authorized to utilize any funds appropriated under this
heading from the Land and Water Conservation Fund to acquire
Mental Health Trust lands in Alaska and, upon Federal acquisition,
the boundaries of the Tongass National Forest shall be deemed
modified to include such lands.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National 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 governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited 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, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic 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 expended, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
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 estab-
lished pursuant to the above Act.
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117 STAT. 1287
PUBLIC LAW 108–108—NOV. 10, 2003
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage 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 enforce-
ment purposes and of which 124 shall be for replacement; acquisi-
tion of 25 passenger motor vehicles from excess sources, and hire
of such vehicles; operation and maintenance of aircraft 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 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 pursuant 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 collection 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 Agriculture without the consent of
the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire prepared-
ness due to severe burning conditions if and only if all previously
appropriated emergency contingent funds under the heading
‘‘Wildland Fire Management’’ have been released by the President
and apportioned and all wildfire suppression funds under the
heading ‘‘Wildland Fire Management’’ are obligated.
The first transfer of funds into the Wildland Fire Management
account shall include unobligated funds, if available, from the Land
Acquisition account and the Forest Legacy program within the
State and Private Forestry account.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Develop-
ment and the Foreign Agricultural Service in connection with forest
and rangeland research, technical information, and assistance in
foreign countries, and shall be available to support forestry and
related natural resource activities outside the United States and
its territories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service under
this Act shall be subject to transfer under the provisions of section
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702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is
approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in the statement of managers 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 accordance with the re-
programming procedures contained in the statement of managers
accompanying this Act.
No funds available to the Forest Service shall be transferred
to the Working Capital Fund of the Department of Agriculture
that exceed the total amount transferred during fiscal year 2000
for such purposes without the advance approval of the House and
Senate Committees on Appropriations.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,000,000 for high priority
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps.
Of the funds available to the Forest Service, $2,500 is available
to the Chief of the Forest Service for official reception and represen-
tation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, $3,000,000 may
be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the Forest
Service mission, without regard to when the Foundation incurs
expenses, for administrative expenses or projects on or benefitting
National Forest System lands or related to Forest Service programs:
Provided, That of the Federal funds made available to the Founda-
tion, no more than $350,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain, by
the end of the period of Federal financial assistance, private con-
tributions to match on at least one-for-one basis funds made avail-
able by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a non-Federal recipient for a project
at the same rate that the recipient has obtained the non-Federal
matching funds: Provided further, That authorized investments of
Federal funds held by the Foundation may be made only in interest-
bearing obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
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 incurred, for projects on or benefitting National Forest System
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 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.
16 USC 583j–9
note.
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Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities for sustainable rural development 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 enactment 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
intends 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 compliance with
the requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
land purchase negotiations and similar non-litigation related mat-
ters. Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
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.
From funds available to the Forest Service in this Act for
payment of costs in accordance with subsection 413(d) of Title
IV, Public Law 108–7, $3,000,000 shall be transferred by the Sec-
retary of Agriculture to the Secretary of the Treasury to make
reimbursement payments as provided in such subsection.
The Secretary of Agriculture may authorize the sale of excess
buildings, facilities, and other properties owned by the Forest
Service and located on the Green Mountain National Forest, the
revenues of which shall be retained by the Forest Service and
available to the Secretary without further appropriation and until
expended for maintenance and rehabilitation activities on the Green
Mountain National Forest.
The Secretary of Agriculture may transfer or reimburse funds
available to the Forest Service, not to exceed $15,000,000, to the
Secretary of the Interior or the Secretary of Commerce to expedite
conferencing and consultations as required under section 7 of the
Endangered Species Act, 16 U.S.C. 1536. The amount of the transfer
or reimbursement shall be as mutually agreed by the Secretary
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 December 31,
2004, an eligible individual who is employed in any project funded
Effective date.
Termination
date.
Deadline.
Reports.
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117 STAT. 1290
PUBLIC LAW 108–108—NOV. 10, 2003
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.
Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c) of
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
The Secretary of Agriculture may authorize the sale of excess
buildings, facilities, and other properties owned by the Forest
Service and located on the Wasatch-Cache National Forest, the
revenues of which shall be retained by the Forest Service and
available to the Secretary without further appropriation and until
expended for acquisition and construction of administrative sites
on the Wasatch-Cache National Forest.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL AND RESCISSION)
Of the funds made available under this heading for obligation
in prior years, $97,000,000 shall not be available until October
1, 2004, and $88,000,000 are rescinded: 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, including defeasible and equitable interests
in any real property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social and
environmental costs (30 U.S.C. 3, 1602, and 1603), $681,163,000,
to remain available until expended, of which $4,000,000 is to con-
tinue a multi-year project for construction, renovation, furnishing,
and demolition or removal of buildings at National Energy Tech-
nology Laboratory facilities in Morgantown, West Virginia and Pitts-
burgh, Pennsylvania; of which not to exceed $536,000 may be uti-
lized for travel and travel-related expenses incurred by the head-
quarters staff of the Office of Fossil Energy; and of which
$172,000,000 are to be made available, after coordination with
the private sector, for a request for proposals for a Clean Coal
Power Initiative providing for competitively-awarded research,
development, and demonstration projects to reduce the barriers
to continued and expanded coal use: Provided, That no project
may be selected for which sufficient funding is not available to
provide for the total project: Provided further, That funds shall
be expended in accordance with the provisions governing the use
of funds contained under the heading ‘‘Clean Coal Technology’’
in 42 U.S.C. 5903d: Provided further, That the Department may
include provisions for repayment of Government contributions to
individual projects in an amount up to the Government contribution
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117 STAT. 1291
PUBLIC LAW 108–108—NOV. 10, 2003
to the project on terms and conditions that are acceptable to the
Department including repayments from sale and licensing of tech-
nologies from both domestic and foreign transactions: Provided fur-
ther, That such repayments shall be retained by the Department
for future coal-related research, development and demonstration
projects: Provided further, That any technology selected under this
program shall be considered a Clean Coal 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 Regula-
tions: Provided further, That no part of the sum herein made
available shall be used for the field testing of nuclear explosives
in the recovery of oil and gas: Provided further, That up to 4
percent of program direction funds available to the National Energy
Technology Laboratory may be used to support Department of
Energy activities not included in this account.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $18,219,000, 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 payments 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 conservation
activities, $888,937,000, to remain available until expended: Pro-
vided, That $274,500,000 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 sec-
tion 3003(d)(2) of Public Law 99–509, such sums shall be allocated
to the eligible programs as follows: $230,000,000 for weatherization
assistance grants and $44,500,000 for State energy program grants.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities of the
Office of Hearings and Appeals, $1,047,000, to remain available
until expended.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve 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.), $173,081,000, to remain available
until expended.
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117 STAT. 1292
PUBLIC LAW 108–108—NOV. 10, 2003
NORTHEAST HOME HEATING OIL RESERVE
For necessary expenses for Northeast Home Heating Oil
Reserve storage, operations, and management activities 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 avail-
able until expended.
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, repair, and cleaning of uniforms;
and reimbursement to the General Services Administration for secu-
rity guard services.
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 programs unless specific provision
is made for such programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equip-
ment, 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 expended, and
used only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-sharing con-
tracts or agreements: Provided further, That the remainder of reve-
nues after the making of such payments shall be covered into
the Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the Sec-
retary pursuant to this authority shall not be executed prior to
the expiration of 30 calendar days (not including 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,
including the facts and circumstances relied upon in support of
the proposed project.
No funds provided in this Act may be expended by the Depart-
ment 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 Sec-
retary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and pros-
ecute projects using such fees and contributions in cooperation
with other Federal, State or private agencies or concerns.
Contracts.
Reports.
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117 STAT. 1293
PUBLIC LAW 108–108—NOV. 10, 2003
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
Care Improvement Act, and titles II and III of the Public Health
Service 
Act 
with 
respect 
to 
the 
Indian 
Health 
Service,
$2,561,932,000, together with payments received during the fiscal
year pursuant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made available to
tribes and tribal organizations through contracts, grant agreements,
or any other agreements or compacts authorized by the Indian
Self-Determination and Education 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: Provided
further, That up to $18,000,000 shall remain available until
expended, for the Indian Catastrophic Health Emergency Fund:
Provided further, That $467,046,000 for contract medical care shall
remain available for obligation 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 Improve-
ment Act: Provided further, That funds provided 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 Indian 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):
Provided 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 avail-
able until expended: Provided further, That amounts received by
tribes and tribal organizations under title IV of the Indian Health
Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations until
expended: Provided further, That, notwithstanding any other provi-
sion of law, of the amounts provided herein, not to exceed
$270,734,000 shall be for payments to tribes and tribal organiza-
tions for contract or grant support costs associated with contracts,
grants, self-governance compacts or annual funding agreements
between the Indian Health Service and a tribe or tribal organization
pursuant 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 support costs associated with new or
expanded self-determination contracts, grants, self-governance com-
pacts or annual funding agreements: Provided further, That funds
available for the Indian Health Care Improvement Fund may be
used, as needed, to carry out activities typically funded under
the Indian Health Facilities account: Provided further, That of
Contracts.
Grants.
Reports.
Records.
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117 STAT. 1294
PUBLIC LAW 108–108—NOV. 10, 2003
the amounts provided to the Indian Health Service, $15,000,000
is provided for alcohol control, enforcement, prevention, treatment,
sobriety and wellness, and education in Alaska to be distributed
as direct lump sum payments as follows: (a) $2,000,000 to the
State of Alaska for regional distribution to hire and equip additional
Village Public Safety Officers to engage primarily in bootlegging
prevention and enforcement activities; (b) $5,000,000 to the Alaska
Native Tribal Health Consortium, which shall be allocated for:
(1) substance abuse and behavioral health counselors through the
Counselor in Every Village program; and (2) comprehensive sub-
stance abuse training programs for counselors and others delivering
substance abuse services; (c) $6,000,000 to be divided as follows
among the following Alaska Native regional organizations to provide
substance abuse treatment and prevention programs: (1) $2,500,000
for Southcentral Foundation’s Pathway Home; (2) $1,500,000 for
Cook Inlet Tribal Council’s substance abuse prevention and treat-
ment programs; (3) $1,500,000 for Yukon-Kuskokwim Health Cor-
poration’s Tundra Swan Inhalant Abuse Center; and (4) $500,000
for the Southeast Alaska Regional Health Consortium for its Deilee
Hitt program; and (d) $2,000,000 for the Alaska Federation of
Natives sobriety and wellness program for competitive merit-based
grants: Provided further, That none of the funds may be used
for tribal courts or tribal ordinance programs or any program that
is not directly related to alcohol control, enforcement, prevention,
treatment, or sobriety: Provided further, That no more than 10
percent may be used by any entity receiving funding for administra-
tive overhead including indirect costs: Provided further, That the
State of Alaska must maintain its existing level of effort and must
use these funds to enhance or expand existing efforts or initiate
new projects or programs and may not use such funds to supplant
existing programs.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equip-
ment 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 trailers; and for provision of domestic and commu-
nity sanitation 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 Improvement Act,
and for expenses necessary to carry out such Acts and titles II
and III of the Public Health Service Act with respect to environ-
mental health and facilities support activities of the Indian Health
Service, $396,232,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, funds appro-
priated for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be used
to purchase land for sites to construct, improve, or enlarge health
or related facilities: Provided further, That from the funds appro-
priated herein, $5,000,000 shall be designated by the Indian Health
Service as a contribution to the Yukon-Kuskokwim Health Corpora-
tion (YKHC) to complete a priority project for the acquisition of
land, planning, design and construction of 79 staff quarters in
the Bethel service area, pursuant to the negotiated project agree-
ment between the YKHC and the Indian Health Service: Provided
Alaska.
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117 STAT. 1295
PUBLIC LAW 108–108—NOV. 10, 2003
further, That this project shall not be subject to the construction
provisions of the Indian Self-Determination and Education Assist-
ance Act and shall be removed from the Indian 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: Provided 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 equip-
ment from the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That none
of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded
with grants by the housing programs of the United States Depart-
ment of Housing and Urban Development: Provided further, That
not to exceed $1,000,000 from this account and the ‘‘Indian Health
Services’’ account 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 Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by 5 U.S.C. 5901–5902; and
for expenses of attendance 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
management 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 Indian 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 transferred
from the Department of Housing and Urban Development to the
Indian Health Service shall be administered under Public Law
86–121 (the Indian Sanitation Facilities Act) and Public Law 93–
638, as amended.
Funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction pur-
poses, shall not be subject to limitations directed at curtailing
Federal travel and transportation.
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117 STAT. 1296
PUBLIC LAW 108–108—NOV. 10, 2003
None of the funds made available to the Indian Health Service
in this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or approved by
the House and Senate Committees on Appropriations through the
reprogramming process. Personnel ceilings may not be imposed
on the Indian Health Service nor may any action be taken to
reduce the full time equivalent level of the Indian Health Service
below the level in fiscal year 2002 adjusted upward for the staffing
of new and expanded facilities, funding provided for staffing at
the Lawton, Oklahoma hospital in fiscal years 2003 and 2004,
critical positions not filled in fiscal year 2002, and staffing necessary
to carry out the intent of Congress with regard to program increases.
Notwithstanding any other provision of law, funds previously
or herein made available to a tribe or tribal organization through
a contract, grant, or agreement authorized by title I or title III
of the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), may be deobligated and reobligated to
a self-determination contract under title I, or a self-governance
agreement under title III of such Act and thereafter shall remain
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 Services, relating to the eligibility for the
health care services of the Indian Health Service until the Indian
Health Service has submitted a budget request reflecting the
increased costs associated with the proposed final rule, and such
request has been included in an appropriations Act and enacted
into law.
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 payment in advance with subse-
quent adjustment. The reimbursements received therefrom, along
with the funds received from those entities pursuant to the Indian
Self-Determination Act, may be credited to the same or subsequent
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 technical 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
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in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included 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 Relocation 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 replacement 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 authorized by title XV
of Public Law 99–498, as amended (20 U.S.C. 56 part A), $6,250,000,
of which $1,000,000 shall remain available until expended to assist
with the Institute’s efforts to develop a Continuing Education Life-
long Learning Center.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, 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 perform-
ances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease (for terms not to exceed 30 years), and protection of buildings,
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, $494,748,000, of which not to exceed $46,903,000 for
the instrumentation program, collections acquisition, exhibition re-
installation, the National Museum of the American Indian, and
the repatriation of skeletal remains program shall remain available
until expended; and of which $828,000 for fellowships and scholarly
awards shall remain available until September 30, 2005; and
including such funds as may be necessary to support American
overseas research centers and a total of $125,000 for the Council
of American Overseas Research Centers: Provided, That funds
appropriated herein are available for advance payments to inde-
pendent contractors performing research services or participating
in official Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations des-
ignated in this Act for lease or rent payments for long term and
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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 Columbia: Provided further, That this use of Federal appropria-
tions 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 appropriated funds may be used to service
debt which is incurred to finance the costs of acquiring the 900
H Street building or of planning, designing, and constructing
improvements to such building.
FACILITIES CAPITAL
For necessary expenses of repair, revitalization, and alteration
of facilities owned or occupied by the Smithsonian 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, $108,970,000, to remain available until
expended, of which not to exceed $10,000 is for services as author-
ized by 5 U.S.C. 3109: Provided, That contracts awarded for environ-
mental systems, protection systems, and repair or restoration of
facilities of the Smithsonian Institution may be negotiated with
selected contractors and awarded on the basis of contractor quali-
fications as well as price: Provided further, That balances from
amounts previously appropriated under the headings ‘‘Repair, Res-
toration 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 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
reprogramming procedures contained in the statement of the man-
agers accompanying this Act.
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117 STAT. 1299
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NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administra-
tive 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
advance when authorized by the treasurer of the Gallery for mem-
bership in library, museum, and art associations or societies whose
publications or services are available to members only, or to mem-
bers 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, alteration,
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 proper, $87,849,000, 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 environmental systems, protection systems,
and exterior repair or renovation of buildings of the National Gal-
lery of Art 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, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$16,560,000.
CONSTRUCTION
For necessary expenses for capital repair and restoration 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.
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PUBLIC LAW 108–108—NOV. 10, 2003
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.
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,
$122,480,000, shall be available to the National Endowment for
the Arts for the support of projects and productions in the arts
through assistance to organizations and individuals pursuant to
sections 5(c) and 5(g) of the Act, including $17,000,000 for support
of arts education and public outreach activities through the Chal-
lenge America program, for program support, and for administering
the functions of the Act, to remain available until expended: Pro-
vided, That funds previously appropriated to the National Endow-
ment for the Arts ‘‘Matching 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 National Endowment for
the Humanities for support of activities in the humanities, pursuant
to section 7(c) of the 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
appropriation 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 provisions 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 appro-
priated.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
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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
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the
Chairperson of the National 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 delega-
tion of authority from the National Council on the Arts to the
Chairperson.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a Commis-
sion 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 collection, to remain available until expended with-
out 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.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665, as amended), $4,000,000: Pro-
vided, 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 National 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 thereafter, 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
40 USC 8711
note.
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which $1,900,000 for the museum’s repair and rehabilitation pro-
gram and $1,264,000 for the museum’s exhibitions program shall
remain available until expended.
PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omnibus
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 procurement contract, pursu-
ant 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 existing 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 publication 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.
SEC. 304. None of the funds provided in this Act to any depart-
ment 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 may be levied against any program,
budget activity, subactivity, or project funded by this Act unless
notice of such assessments and the basis therefor are presented
to the Committees on Appropriations 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 classified 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 2003.
SEC. 307. (a) LIMITATION OF FUNDS.—None of the funds appro-
priated 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 filed with the Sec-
retary 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
Contracts.
Public
information.
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(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 Committees on Appro-
priations and the Committee on Resources of the House of Rep-
resentatives and the Committee 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 Department
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 examina-
tion of the mining claims or mill sites contained in a patent applica-
tion 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
organizations for contract support costs associated with self-deter-
mination or self-governance contracts, grants, compacts, 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 compacts
or annual funding agreements.
SEC. 309. Of the funds provided to the National Endowment
for the Arts—
(1) The Chairperson shall only award a grant to an indi-
vidual if such grant is awarded to such individual for a lit-
erature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(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 activity 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 authorized 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 Endow-
ment for the Arts and the National Endowment for the Humanities.
Procedures.
Grants.
Deadline.
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Any proceeds from such gifts, bequests, or devises, after acceptance
by the National Endowment for the Arts or the National Endow-
ment for the Humanities, shall be paid by the donor or the rep-
resentative of the donor to the Chairman. 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 financial assist-
ance under the National Foundation on the Arts and the Human-
ities Act of 1965 from funds appropriated 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 minorities, 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 section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) (applicable to
a family of the size involved.
(c) In providing services and awarding financial assistance
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 services or awarding financial assistance for
projects, productions, 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 Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 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 Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(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 unless such functions
are justified in the budget process and funding is approved by
the House and Senate Committees on Appropriations.
Reports.
Grants.
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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 author-
ized to limit competition for watershed restoration project contracts
as part of the ‘‘Jobs in the Woods’’ Program established in Region
10 of the Forest Service to individuals and entities in historically
timber-dependent areas in the States of Washington, Oregon,
northern California, Idaho, Montana, and Alaska that have been
affected by reduced timber harvesting on Federal lands. The Secre-
taries shall consider the benefits to the local economy in evaluating
bids and designing procurements which create economic opportuni-
ties for local contractors.
SEC. 316. Amounts deposited during fiscal year 2003 in the
roads and trails fund provided for in the 14th paragraph 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 Forest 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 empha-
size reducing risks to human safety and public health and property
and enhancing ecological functions, long-term forest productivity,
and biological integrity. The projects may be completed in a subse-
quent fiscal year. Funds shall not be expended under this section
to replace funds which would otherwise appropriately be expended
from the timber salvage sale fund. Nothing in this section shall
be construed to exempt any project from any environmental law.
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 advertised
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 assigns
domestic Alaska values for western redcedar, all of the western
redcedar timber from those sales which is surplus 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 Region 10 sell, in fiscal year 2003, less
than the annual average 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
approach that assigns domestic Alaska values for western redcedar,
the volume of western redcedar timber available to domestic proc-
essors at prevailing domestic prices in the contiguous 48 United
States shall be that volume: (i) which is surplus to the needs
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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 Management 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
‘‘surplus to the needs of domestic processors in Alaska’’ when the
timber sale holder has presented to the Forest Service documenta-
tion 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 election of the timber sale holder. All Alaska yellow cedar
may 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 authorized by section
315 of the Department of the Interior and Related Agencies Appro-
priations Act for Fiscal Year 1996, as amended, shall not result
in—
(1) displacement of the holder of an authorization to provide
commercial recreation services on Federal lands. Prior to initi-
ating 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 authorization
shall be made within the terms and conditions of the authoriza-
tion and authorities of the impacted agency; and
(2) the return of a commercial recreation service 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 terminates its relation-
ship with the agency; or
(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 Demonstra-
tion 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 National
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 Secretary 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 respect to such plan and a court of proper jurisdiction
may order completion of the plan on an accelerated basis.
16 USC 1604
note.
16 USC 460l–6a
note.
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SEC. 321. No funds provided in this Act may be expended
to conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument 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
monument.
SEC. 322. EXTENSION OF FOREST SERVICE CONVEYANCES 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 inserting ‘‘30’’;
(2) in subsection (c) by striking ‘‘3’’ and inserting ‘‘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 behalf of Federal
land management agencies shall, in fiscal year 2005, qualify for
General Service Administration contract airfares.
SEC. 324. In entering into agreements with foreign countries
pursuant to the Wildfire Suppression Assistance 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 wildfire
services are considered, for purposes of tort liability, employees
of the country receiving said services when the individuals are
engaged in fire suppression: Provided, That the Secretary of Agri-
culture or the Secretary of the Interior shall not enter into any
agreement under this provision 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 firefighters
engaged in firefighting in a foreign country: Provided further, That
when an agreement is reached for furnishing 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
arising out of fighting fires in a foreign country: Provided further,
That neither the sending country nor any legal organization associ-
ated with the firefighter shall be subject to any legal action whatso-
ever 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 the Secretary of
Agriculture where National Forest System lands are involved that
expires, is transferred, or waived during fiscal years 2004–2008
shall be renewed under section 402 of the Federal Land Policy
and Management Act of 1976, as amended (43 U.S.C. 1752), section
19 of the Granger-Thye Act, as amended (16 U.S.C. 5801), title
III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et
seq.), or, if applicable, section 510 of the California Desert Protection
Act (16 U.S.C. 410aaa–50). The terms and conditions contained
in the expired, transferred, or waived permit or lease shall continue
in effect under the renewed permit or lease until such time as
the Secretary of the Interior or Secretary of Agriculture as appro-
priate completes processing of such permit or lease in compliance
Contracts.
Wildfires.
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PUBLIC LAW 108–108—NOV. 10, 2003
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
statutory authority of the Secretary of the Interior or the Secretary
of Agriculture: Provided, That where National Forest System lands
are involved and the Secretary of Agriculture has renewed an
expired or waived grazing permit prior to fiscal year 2004, the
terms and conditions of the renewed grazing permit shall remain
in effect until such time as the Secretary of Agriculture completes
processing of the renewed permit in compliance with all applicable
laws and regulations or until the expiration of the renewed permit,
whichever comes first. Upon completion of the processing, the
permit may be canceled, suspended or modified, in whole or in
part, to meet the requirements of applicable laws and regulations:
Provided further, That beginning in November 2004, and every
year thereafter, the Secretaries of the Interior and Agriculture
shall report to Congress the extent to which they are completing
analysis required under applicable laws prior to the expiration
of grazing permits, and beginning in May 2004, and every two
years thereafter, the Secretaries shall provide Congress rec-
ommendations for legislative provisions necessary to ensure all
permit renewals are completed in a timely manner. The legislative
recommendations provided shall be consistent with the funding
levels requested in the Secretaries’ budget proposals: Provided fur-
ther, That notwithstanding section 504 of the Rescissions Act (109
Stat. 212), the Secretaries in their sole discretion determine the
priority and timing for completing required environmental analysis
of grazing allotments based on the environmental significance of
the allotments and funding available to the Secretaries for this
purpose: Provided further, That any Federal lands included within
the boundary of Lake Roosevelt National Recreation Area, as des-
ignated 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 lifetime of the permittee or 20 years, which-
ever is less.
SEC. 326. Notwithstanding any other provision of law or regula-
tion, to promote the more efficient use of the health care funding
allocation for fiscal year 2004, the Eagle Butte Service Unit of
the Indian Health Service, at the request of the Cheyenne River
Sioux Tribe, may pay base salary rates to health professionals
up to the highest grade and step available to a physician, phar-
macist, or other health professional and may pay a recruitment
or retention bonus of up to 25 percent above the base pay rate.
SEC. 327. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priations Act.
SEC. 328. None of the funds in this Act may be used to prepare
or issue a permit or lease for oil or gas drilling in the Finger
Lakes National Forest, New York, during fiscal year 2004.
Deadline.
Reports.
43 USC 1752
note.
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PUBLIC LAW 108–108—NOV. 10, 2003
SEC. 329. None of the funds made available in this Act may
be used for the planning, design, or construction of improvements
to Pennsylvania Avenue in front of the White House without the
advance approval of the Committees on Appropriations.
SEC. 330. In awarding a Federal Contract with funds made
available by this Act, the Secretary of Agriculture and the Secretary
of the Interior (the ‘‘Secretaries’’) may, in evaluating bids and
proposals, give consideration to local contractors who are from,
and who provide employment and training for, dislocated and dis-
placed workers in an economically disadvantaged rural community,
including those historically timber-dependent areas that have been
affected by reduced timber harvesting on Federal lands and other
forest-dependent rural communities isolated from significant alter-
native employment opportunities: Provided, That the Secretaries
may award grants or cooperative agreements to local non-profit
entities, Youth Conservation Corps or related partnerships with
State, local or non-profit youth groups, or small or disadvantaged
business: Provided further, That the contract, grant, or cooperative
agreement is for forest hazardous fuels reduction, watershed or
water quality monitoring or restoration, wildlife or fish population
monitoring, or habitat restoration or management: Provided further,
That the terms ‘‘rural community’’ and ‘‘economically disadvan-
taged’’ shall have the same meanings as in section 2374 of Public
Law 101–624: Provided further, That the Secretaries shall develop
guidance to implement this section: Provided further, That nothing
in this section shall be construed as relieving the Secretaries of
any duty under applicable procurement laws, except as provided
in this section.
SEC. 331. No funds appropriated in this Act for the acquisition
of lands or interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without the
approval of the House and Senate Committees on Appropriations:
Provided, That this provision shall not apply to funds appropriated
to implement the Everglades National Park Protection and Expan-
sion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
SEC. 332. Section 315(f) of the Department of the Interior
and Related Agencies Appropriations Act, 1996 (as contained in
section 101(c) of Public Law 104–134; 110 Stat. 1321–200; 16 U.S.C.
460l–6a note), is amended—
(1) by striking ‘‘September 30, 2004’’ and inserting
‘‘December 31, 2005’’; and
(2) by striking ‘‘2007’’ and inserting ‘‘2008’’.
SEC. 333. IMPLEMENTATION OF GALLATIN LAND CONSOLIDATION
ACT OF 1998. (a) DEFINITIONS.—For purposes of this section:
(1) ‘‘Gallatin Land Consolidation Act of 1998’’ means Public
Law 105–267 (112 Stat. 2371).
(2) ‘‘Option Agreement’’ has the same meaning as defined
in section 3(6) of the Gallatin Land Consolidation Act of 1998.
(3) ‘‘Secretary’’ means the Secretary of Agriculture.
(4) ‘‘Excess receipts’’ means National Forest Fund receipts
from the National Forests in Montana, which are identified
and adjusted by the Forest Service within the fiscal year,
and which are in excess of funds retained for: the Salvage
Sale Fund; the Knutson-Vandenberg Fund; the Purchaser Road/
Specified Road Credits; the Twenty-Five Percent Fund, as
Guidelines.
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117 STAT. 1310
PUBLIC LAW 108–108—NOV. 10, 2003
amended; the Ten Percent Road and Trail Fund; the Timber
Sale Pipeline Restoration Fund; the Fifty Percent Grazing Class
A Receipts Fund; and the Land and Water Conservation Fund
Recreation User Fees Receipts—Class A Fund.
(5) ‘‘Special Account’’ means the special account referenced
in section 4(c)(2) of the Gallatin Land Consolidation Act of
1998.
(6) ‘‘Eastside National Forests’’ has the same meaning as
in section 3(4) of the Gallatin Land Consolidation Act of 1998.
(b) SPECIAL ACCOUNT.—
(1) The Secretary is authorized and directed, without fur-
ther appropriation or reprogramming of funds, to transfer to
the Special Account these enumerated funds and receipts in
the following order:
(A) timber sale receipts from the Gallatin National
Forest and other Eastside National Forests, as such
receipts are referenced in section 4(a)(2)(C) of the Gallatin
Land Consolidation Act of 1998;
(B) any available funds heretofore appropriated for
the acquisition of lands for National Forest purposes in
the State of Montana through fiscal year 2003;
(C) net receipts from the conveyance of lands on the
Gallatin National Forest as authorized by subsection (c);
and
(D) excess receipts for fiscal years 2003 through 2008.
(2) All funds in the Special Account shall be available
to the Secretary until expended, without further appropriation,
and will be expended prior to the end of fiscal year 2008
for the following purposes:
(A) the completion of the land acquisitions authorized
by the Gallatin Land Consolidation Act of 1998 and fulfill-
ment of the Option Agreement, as may be amended from
time to time; and
(B) the acquisition of lands for which acquisition funds
were transferred to the Special Account pursuant to sub-
section (b)(1)(B).
(3) The Special Account shall be closed at the end of fiscal
year 2008 and any monies remaining in the Special Account
shall be transferred to the fund established under Public Law
90–171 (commonly known as the ‘‘Sisk Act’’, 16 U.S.C. 484a)
to remain available, until expended, for the acquisition of lands
for National Forest purposes in the State of Montana.
(4) Funds deposited in the Special Account or eligible for
deposit shall not be subject to transfer or reprogramming for
wildland fire management or any other emergency purposes.
(c) LAND
CONVEYANCES
WITHIN
THE
GALLATIN
NATIONAL
FOREST.—
(1) CONVEYANCE AUTHORITY.—The Secretary is authorized,
under such terms and conditions as the Secretary may prescribe
and without requirements for further administrative or environ-
mental analyses or examination, to sell or exchange any or
all rights, title, and interests of the United States in the fol-
lowing lands within the Gallatin National Forest in the State
of Montana:
(A) SMC East Boulder Mine Portal Tract: Principal
Meridian, T.3S., R.11E., Section 4, lots 3 to 4 inclusive,
W1⁄2SE1⁄4NW1⁄4, containing 76.27 acres more or less.
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PUBLIC LAW 108–108—NOV. 10, 2003
(B) Forest Service West Yellowstone Administrative
Site: United States Forest Service Administrative Site
located within the NE1⁄4 of Block 17 of the Townsite of
West Yellowstone which is situated in the N1⁄2 of Section
34, T.13S., R.5E., Principal Meridian, Gallatin County,
Montana, containing 1.04 acres more or less.
(C) Mill Fork Mission Creek Tract: Principal Meridian,
T.13S., R.5E., Section 34, NW1⁄4SW1⁄4, containing 40 acres
more or less.
(D) West Yellowstone Town Expansion Tract #1: Prin-
cipal Meridian, T.13S., R.5E., Section 33, E1⁄2E1⁄2NE1⁄4,
containing 40 acres more or less.
(E) West Yellowstone Town Expansion Tract #2: Prin-
cipal Meridian, T.13S., R.5E., Section 33, NE1⁄4SE1⁄4, con-
taining 40 acres more or less.
(2) DESCRIPTIONS.—The Secretary may modify the descrip-
tions in subsection (c)(1) to correct errors or to reconfigure
the properties in order to facilitate a conveyance.
(3) CONSIDERATION.—Consideration for a sale or exchange
of land under this subsection may include cash, land, or a
combination of both.
(4) VALUATION.—Any appraisals of land deemed necessary
or desirable by the Secretary to carry out the purposes of
this section shall conform to the Uniform Appraisal Standards
for Federal Land Acquisitions.
(5) CASH EQUALIZATION.—Notwithstanding any other provi-
sion of law, the Secretary may accept a cash equalization pay-
ment in excess of 25 percent of the value of any land exchanged
under this subsection.
(6) SOLICITATIONS OF OFFERS.—The Secretary may—
(A) solicit offers for sale or exchange of land under
this subsection on such terms and conditions as the Sec-
retary may prescribe; or
(B) reject any offer made under this subsection if the
Secretary determines that the offer is not adequate or
not in the public interest.
(7) METHODS OF SALE.—The Secretary may sell land at
public or private sale, including competitive sale by auction,
bid, or otherwise, in accordance with such terms, conditions,
and procedures as the Secretary determines will be in the
best interests of the United States.
(8) BROKERS.—The Secretary may utilize brokers or other
third parties in the disposition of the land authorized by this
subsection and, from the proceeds of the sale, may pay reason-
able commissions or fees on the sale or sales.
(9) RECEIPTS
FROM
SALE
OR
EXCHANGE.—The Secretary
shall deposit the net receipts of a sale or exchange under
this subsection in the Special Account.
(d) MISCELLANEOUS PROVISIONS.—
(1) Receipts from any sale or exchange pursuant to sub-
section (c) of this section:
(A) Shall not be deemed excess receipts for purposes
of this section.
(B) Shall not be paid or distributed to the State or
counties under any provision of law, or otherwise deemed
as moneys received from the National Forest for purposes
of the Act of May 23, 1908 or the Act of March 1, 1911
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PUBLIC LAW 108–108—NOV. 10, 2003
(16 U.S.C. 500, as amended), or the Act of March 4, 1913
(16 U.S.C. 501, as amended).
(2) As of the date of enactment of this section, any public
land order withdrawing land described in subsection (c)(1) from
all forms of appropriation under the public land laws is revoked
with respect to any portion of the land conveyed by the Sec-
retary under this section.
(3) Subject to valid existing rights, all lands described
in section (c)(1) are withdrawn from location, entry, and patent
under the mining laws of the United States.
(4) The Agriculture Property Management Regulations
shall not apply to any action taken pursuant to this section.
(e) OPTION AGREEMENT AMENDMENT.—The Amendment No. 1
to the Option Agreement is hereby ratified as a matter of Federal
law and the parties to it are authorized to effect the terms and
conditions thereof.
SEC. 334. Subsection (c) of section 551 of the Land Between
the Lakes Protection Act of 1998 (16 U.S.C. 460lll–61) is amended
to read as follows:
‘‘(c) USE OF FUNDS.—The Secretary of Agriculture may expend
amounts appropriated or otherwise made available to carry out
this title in a manner consistent with the authorities exercised
by the Tennessee Valley Authority before the transfer of the Recre-
ation Area to the administrative jurisdiction of the Secretary,
including campground management and visitor services, paid
advertisement, and procurement of food and supplies for resale
purposes.’’.
SEC. 335. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000, as enacted into law
by section 1000(a)(3) of Public Law 106–113 (113 Stat. 1501A–
204; 16 U.S.C. 528 note), is amended—
(1) in subsection (b)—
(A) in the first sentence, by striking ‘‘not less than
the fair market value’’ and inserting ‘‘fees under subsection
(c)’’; and
(B) by striking the second sentence and inserting the
following: ‘‘The Secretary shall establish appraisal methods
and bidding procedures to determine the fair market value
of forest botanical products harvested under the pilot pro-
gram.’’;
(2) in subsection (c), by striking paragraph (1) and inserting
the following new paragraph (1):
‘‘(1) IMPOSITION
AND
COLLECTION.—Under the pilot pro-
gram, the Secretary of Agriculture shall charge and collect
from a person who harvests forest botanical products on
National Forest System lands a fee in an amount established
by the Secretary to recover at least a portion of the fair market
value of the harvested forest botanical products and a portion
of the costs incurred by the Department of Agriculture associ-
ated with granting, modifying, or monitoring the authorization
for harvest of the forest botanical products, including the costs
of any environmental or other analysis.’’;
(3) in subsection (d)(1), by striking ‘‘charges and fees under
subsections (b) and’’ and inserting ‘‘a fee under subsection’’;
(4) in subsection (f)—
(A) in paragraph (1), by striking ‘‘subsections (b) and’’
and inserting ‘‘subsection’’;
Procedures.
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117 STAT. 1313
PUBLIC LAW 108–108—NOV. 10, 2003
(B) in paragraph (2), by striking ‘‘in excess of the
amounts collected for forest botanical products during fiscal
year 1999’’;
(C) in paragraph (3), by striking ‘‘charges and fees
collected at that unit under the pilot program to pay for’’
and all that follows through the period at the end and
inserting ‘‘fees collected at that unit under subsection (c)
to pay for the costs of conducting inventories of forest
botanical products, determining sustainable levels of har-
vest, monitoring and assessing the impacts of harvest levels
and methods, conducting restoration activities, including
any necessary vegetation, and covering costs of the Depart-
ment of Agriculture described in subsection (c)(1).’’; and
(D) in paragraph (4), by striking ‘‘subsections (b) and’’
and inserting ‘‘subsection’’;
(5) in subsection (g)—
(A) by striking ‘‘charges and fees under subsections
(b) and’’ and inserting ‘‘fees under subsection’’; and
(B) by striking ‘‘subsections (b) and’’ the second place
it appears and inserting ‘‘subsection’’; and
(6) in subsection (h), by striking paragraph (1) and inserting
the following new paragraph (1):
‘‘(1) COLLECTION OF FEES.—The Secretary of Agriculture
may collect fees under the authority of subsection (c) until
September 30, 2009.’’.
SEC. 336. TRANSFER OF FOREST LEGACY PROGRAM LAND. Section
7(l) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103c(l)) is amended by inserting after paragraph (2) the following:
‘‘(3) TRANSFER OF FOREST LEGACY PROGRAM LAND—
‘‘(A) IN GENERAL.—Subject to any terms and conditions
that the Secretary may require (including the requirements
described in subparagraph (B)), the Secretary may, at the
request of the State of Vermont, convey to the State, by
quitclaim deed, without consideration, any land or interest
in land acquired in the State under the Forest Legacy
Program.
‘‘(B) REQUIREMENTS.—In conveying land or an interest
in land under subparagraph (A), the Secretary may require
that—
‘‘(i) the deed conveying the land or interest in
land include requirements for the management of the
land in a manner that—
‘‘(I) conserves the land or interest in land;
and
‘‘(II) is consistent with any other Forest Legacy
Program purposes for which the land or interest
in land was acquired;
‘‘(ii) if the land or interest in land is subsequently
sold, exchanged, or otherwise disposed of by the State
of Vermont, the State shall—
‘‘(I) reimburse the Secretary in an amount that
is based on the current market value of the land
or interest in land in proportion to the amount
of consideration paid by the United States for the
land or interest in land; or
Termination
date.
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117 STAT. 1314
PUBLIC LAW 108–108—NOV. 10, 2003
‘‘(II) convey to the Secretary land or an
interest in land that is equal in value to the land
or interest in land conveyed.
‘‘(C) DISPOSITION OF FUNDS.—Amounts received by the
Secretary under subparagraph (B)(ii) shall be credited to
the Wildland Fire Management account, to remain avail-
able until expended.’’.
SEC. 337. Notwithstanding section 9(b) of Public Law 106–
506, funds hereinafter appropriated under Public Law 106–506
shall require matching funds from non-Federal sources on the basis
of aggregate contribution to the Environmental Improvement Pro-
gram, as defined in Public Law 106–506, rather than on a project-
by-project basis, except for those activities provided under section
9(c) of that Act, to which this amendment shall not apply.
SEC. 338. Any application for judicial review of a Record of
Decision for any timber sale in Region 10 of the Forest Service
that had a Notice of Intent prepared on or before January 1,
2003 shall—
(1) be filed in the Alaska District of the Federal District
Court within 30 days after exhaustion of the Forest Service
administrative appeals process (36 CFR 215) or within 30 days
of enactment of this Act if the administrative appeals process
has been exhausted prior to enactment of this Act, and the
Forest Service shall strictly comply with the schedule for
completion of administrative action; and
(2) be completed and a decision rendered by the court
not later than 180 days from the date such request for review
is filed; if a decision is not rendered by the court within 180
days as required by this subsection, the Secretary of Agriculture
shall petition the court to proceed with the action.
SEC. 339. (a) IN GENERAL.—The Secretary of Agriculture may
cancel, with the consent of the timber purchaser, a maximum of
70 contracts for the sale of timber awarded between October 1,
1995 and January 1, 2002 on the Tongass National Forest in
Alaska if—
(1) the Secretary determines, in the Secretary’s sole discre-
tion, that the sale would result in a financial loss to the pur-
chaser and the costs to the government of seeking a legal
remedy against the purchaser would likely exceed the cost
of terminating the contract; and
(2) the timber purchaser agrees to—
(A) terminate its rights under the contract; and
(B) release the United States from all liability,
including further consideration or compensation resulting
from such cancellation.
(b) EFFECT OF CANCELLATION.—
(1) IN GENERAL.—The United States shall not surrender
any claim against a timber purchaser that arose under a con-
tract before cancellation under this section not in connection
with the cancellation.
(2) LIMITATION.—Cancellation of a contract under this sec-
tion shall release the timber purchaser from liability for any
damages resulting from cancellation of such contract.
(c) TIMBER AVAILABLE FOR RESALE.—Timber included in a con-
tract cancelled under this section shall be available for resale by
the Secretary of Agriculture.
Deadlines.
Alaska.
Timber.
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PUBLIC LAW 108–108—NOV. 10, 2003
SEC. 340. (a) JUSTIFICATION OF COMPETITIVE SOURCING ACTIVI-
TIES.—(1) In each budget submitted by the President to Congress
under section 1105 of title 31, United States Code, for a fiscal
year, beginning with fiscal year 2005, amounts requested to perform
competitive sourcing studies for programs, projects, and activities
listed in paragraph (2) shall be set forth separately from other
amounts requested.
(2) Paragraph (1) applies to programs, projects, and activities—
(A) of the Department of the Interior for which funds
are appropriated by this Act;
(B) of the Forest Service; and
(C) of the Department of Energy for which funds are appro-
priated by this Act.
(b) ANNUAL
REPORTING
REQUIREMENTS
ON
COMPETITIVE
SOURCING ACTIVITIES.—(1) Not later than December 31 of each
year, beginning with December 31, 2003, the Secretary concerned
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a report, covering the preceding
fiscal year, on the competitive sourcing studies conducted by the
Department of the Interior, the Forest Service, or the Department
of Energy, as appropriate, and the costs and cost savings to the
citizens of the United States of such studies.
(2) In this subsection, the term ‘‘Secretary concerned’’ means—
(A) the Secretary of the Interior, with respect to the Depart-
ment of the Interior programs, projects, and activities for which
funds are appropriated by this Act;
(B) the Secretary of Agriculture, with respect to the Forest
Service; and
(C) the Secretary of Energy, with respect to the Department
of Energy programs, projects, and activities for which funds
are appropriated by this Act.
(3) The report under this subsection shall include, for the
fiscal year covered—
(A) the total number of competitions completed;
(B) the total number of competitions announced, together
with a list of the activities covered by such competitions;
(C) the total number of full-time equivalent Federal
employees studied under completed competitions;
(D) the total number of full-time equivalent Federal
employees being studied under competitions announced, but
not completed;
(E) the incremental cost directly attributable to conducting
the competitions identified under subparagraphs (A) and (B),
including costs attributable to paying outside consultants and
contractors;
(F) an estimate of the total anticipated savings, or a quan-
tifiable description of improvements in service or performance,
derived from completed competitions;
(G) actual savings, or a quantifiable description of improve-
ments in service or performance, derived from the implementa-
tion of competitions;
(H) the total projected number of full-time equivalent Fed-
eral employees covered by competitions scheduled to be
announced in the fiscal year; and
(I) a description of how the competitive sourcing decision
making processes are aligned with strategic workforce plans.
Deadline.
31 USC 501 note.
Applicability.
31 USC 501 note.
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PUBLIC LAW 108–108—NOV. 10, 2003
(c) DECLARATION
OF COMPETITIVE SOURCING STUDIES.—For
fiscal year 2004, each of the Secretaries of executive departments
referred to in subsection (b)(2) shall submit a detailed competitive
sourcing proposal to the Committees on Appropriations of the
Senate and the House of Representatives not later than 60 days
after the date of the enactment of this Act. The proposal shall
include, for each competitive sourcing study proposed to be carried
out by or for the Secretary concerned, the number of positions
to be studied, the amount of funds needed for the study, and
the program, project, and activity from which the funds will be
expended.
(d) LIMITATION
ON COMPETITIVE SOURCING STUDIES.—(1) Of
the funds made available by this or any other Act to the Department
of Energy or the Department of the Interior for fiscal year 2004,
not more than the maximum amount specified in paragraph (2)(A)
may be used by the Secretary of Energy or the Secretary of the
Interior to initiate or continue competitive sourcing studies in fiscal
year 2004 for programs, projects, and activities for which funds
are appropriated by this Act until such time as the Secretary
concerned submits a reprogramming proposal to the Committees
on Appropriations of the Senate and the House of Representatives,
and such proposal has been processed consistent with the fiscal
year 2004 reprogramming guidelines.
(2) For the purposes of paragraph (1)—
(A) the maximum amount—
(i) with respect to the Department of Energy is
$500,000; and
(ii) with respect to the Department of the Interior
is $2,500,000; and
(B) the fiscal year 2004 reprogramming guidelines referred
to in such paragraph are the reprogramming guidelines set
forth in the joint explanatory statement accompanying the Act
(H.R. 2691, 108th Congress, 1st session), making appropriations
for the Department of the Interior and related agencies for
the fiscal year ending September 30, 2004, and for other pur-
poses.
(3) Of the funds appropriated by this Act, not more than
$5,000,000 may be used in fiscal year 2004 for competitive sourcing
studies and related activities by the Forest Service.
(e) LIMITATION
ON CONVERSION
TO CONTRACTOR PERFORM-
ANCE.—(1) None of the funds made available in this or any other
Act may be used to convert to contractor performance an activity
or function of the Forest Service, an activity or function of the
Department of the Interior performed under programs, projects,
and activities for which funds are appropriated by this Act, or
an activity or function of the Department of Energy performed
under programs, projects, and activities for which funds are appro-
priated by this Act, if such activity or function is performed on
or after the date of the enactment of this Act by more than 10
Federal employees unless—
(A) the conversion is based on the result of a public-private
competition that includes a more efficient and cost effective
organization plan developed by such activity or function; and
(B) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
Deadline.
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117 STAT. 1317
PUBLIC LAW 108–108—NOV. 10, 2003
to the Federal Government by an amount that equals or exceeds
the lesser of—
(i) 10 percent of the more efficient organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or
(ii) $10,000,000.
(2) This subsection shall not apply to a commercial or industrial
type function that—
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with
that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe,
as defined in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(3) The conversion of any activity or function under the
authority provided by this subsection shall be credited toward any
competitive or outsourcing goal, target, or measurement that may
be established by statute, regulation, or policy.
(f) COMPETITIVE SOURCING STUDY DEFINED.—In this subsection,
the term ‘‘competitive sourcing study’’ means a study on subjecting
work performed by Federal Government employees or private con-
tractors to public-private competition or on converting the Federal
Government employees or the work performed by such employees
to private contractor performance under the Office of Management
and Budget Circular A–76 or any other administrative regulation,
directive, or policy.
SEC. 341. Section 4(e)(3)(A)(vi) of the Southern Nevada Public
Land Management Act of 1998 (112 Stat. 2346; 116 Stat. 2007)
is amended by striking ‘‘under this Act’’ and inserting ‘‘under this
Act, including costs incurred under paragraph (2)(A)’’.
SEC. 342. LAKE
TAHOE
RESTORATION
PROJECTS. Section
4(e)(3)(A) of the Southern Nevada Public Land Management Act
of 1998 (112 Stat. 2346; 116 Stat. 2007) is further amended—
(1) in clause (v), by striking ‘‘and’’ at the end;
(2) by redesignating clause (vi) as clause (vii); and
(3) by inserting after clause (v) the following:
‘‘(vi) transfer to the Secretary of Agriculture, or,
if the Secretary of Agriculture enters into a cooperative
agreement with the head of another Federal agency,
the head of the Federal agency, for Federal environ-
mental restoration projects under sections 6 and 7
of the Lake Tahoe Restoration Act (114 Stat. 2354),
environmental improvement payments under section
2(g) of Public Law 96–586 (94 Stat. 3382), and any
Federal environmental restoration project included in
the environmental improvement program adopted by
the Tahoe Regional Planning Agency in February 1998
(as amended), in an amount equal to the cumulative
amounts authorized to be appropriated for such
projects under those Acts, in accordance with a revision
to the Southern Nevada Public Land Management Act
31 USC 501 note.
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117 STAT. 1318
PUBLIC LAW 108–108—NOV. 10, 2003
of 1998 Implementation Agreement to implement this
section, which shall include a mechanism to ensure
appropriate stakeholders from the States of California
and Nevada participate in the process to recommend
projects for funding; and’’.
SEC. 343. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects and activities to support
governmentwide, departmental, agency or bureau administrative
functions or headquarters, regional or central office operations shall
be presented in annual budget justifications. Changes to such esti-
mates shall be presented to the Committees on Appropriations
for approval.
SEC. 344. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby
rescinded an amount equal to 0.646 percent of—
(1) the budget authority provided for fiscal year 2004 for
any discretionary account in this Act; and
(2) the budget authority provided in any advance appropria-
tion for fiscal year 2004 for any discretionary account in the
Department of the Interior and Related Agencies Appropria-
tions Act, 2003.
(b) PROPORTIONATE APPLICATION.—Any rescission made by sub-
section (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item,
or for accounts and items not included in appropriation Acts,
as delineated in the most recently submitted President’s
budget).
TITLE IV—THE FLATHEAD AND KOOTENAI NATIONAL
FOREST REHABILITATION ACT
SEC. 401. SHORT TITLE. This title may be cited as the ‘‘Flathead
and Kootenai National Forest Rehabilitation Act of 2003’’.
SEC. 402. FINDINGS
AND PURPOSE. (a) FINDINGS.—Congress
finds that—
(1) the Robert Fire and Wedge Fire of 2003 caused exten-
sive resource damage in the Flathead National Forest;
(2) the fires of 2000 caused extensive resource damage
on the Kootenai National Forest and implementation of
rehabilitation and recovery projects developed by the agency
for the Forest is critical;
(3) the environmental planning and analysis to restore
areas affected by the Robert Fire and Wedge Fire will be
completed through a collaborative community process;
(4) the rehabilitation of burned areas needs to be completed
in a timely manner in order to reduce the long-term environ-
mental impacts; and
(5) wildlife and watershed resource values will be main-
tained in areas affected by the Robert Fire and Wedge Fire
while exempting the rehabilitation effort from certain applica-
tions of the National Environmental Policy Act (NEPA) and
the Clean Water Act (CWA).
Flathead and
Kootenai
National Forest
Rehabilitation
Act of 2003.
Wildfires.
Montana.
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117 STAT. 1319
PUBLIC LAW 108–108—NOV. 10, 2003
(b) The purpose of this title is to accomplish in a collaborative
environment, the planning and rehabilitation of the Robert Fire
and Wedge Fire and to ensure timely implementation of recovery
and rehabilitation projects on the Kootenai National Forest.
SEC. 403. REHABILITATION PROJECTS. (a) IN GENERAL.—The
Secretary of Agriculture (in this title referred to as the ‘‘Secretary’’)
may conduct projects that the Secretary determines are necessary
to rehabilitate and restore, and may conduct salvage harvests on,
National Forest System lands in the North Fork drainage on the
Flathead National Forest, as generally depicted on a map entitled
‘‘North Fork Drainage’’ which shall be on file and available for
public inspection in the Office of Chief, Forest Service, Washington,
D.C.
(b) PROCEDURE.—
(1) IN GENERAL.—Except as otherwise provided by this
title, the Secretary shall conduct projects under this title in
accordance with—
(A) the National Environmental Policy Act (42 U.S.C.
4321 et seq.); and
(B) other applicable laws.
(2) ENVIRONMENTAL ASSESSMENT OR IMPACT STATEMENT.—
If an environmental assessment or an environmental impact
statement (pursuant to section 102(2) of the National Environ-
mental Policy Act (42 U.S.C. 4332(2)) is required for a project
under this title, the Secretary shall not be required to study,
develop, or describe any alternative to the proposed agency
action in the environmental assessment or the environmental
impact statement.
(3) PUBLIC
COLLABORATION.—To encourage meaningful
participation during preparation of a project under this title,
the Secretary shall facilitate collaboration among the State
of Montana, local governments, and Indian tribes, and partici-
pation of interested persons, during the preparation of each
project in a manner consistent with the Implementation Plan
for the 10-year Comprehensive Strategy of a Collaborative
Approach for Reducing Wildland Fire Risks to Communities
and the Environment, dated May 2002, which was developed
pursuant to the conference report for the Department of the
Interior and Related Agencies Appropriations Act, 2001 (House
Report 106–646).
(4) COMPLIANCE WITH CLEAN WATER ACT.—Consistent with
the Clean Water Act (33 U.S.C. 1251 et seq.) and Montana
Code 75–5–703(10)(b), the Secretary is not prohibited from
implementing projects under this title due to the lack of a
Total Maximum Daily Load as provided for under section 303(d)
of the Clean Water Act (33 U.S.C. 1313(d)), except that the
Secretary shall comply with any best management practices
required by the State of Montana.
(5) ENDANGERED
SPECIES
ACT
CONSULTATION.—If a con-
sultation is required under section 7 of the Endangered Species
Act (16 U.S.C. 1536) for a project under this title, the Secretary
of the Interior shall expedite and give precedence to such con-
sultation over any similar requests for consultation by the
Secretary.
(6) ADMINISTRATIVE APPEALS.—Section 322 of the Depart-
ment of the Interior and Related Agencies Appropriations Act,
1993 (Public Law 102–381; 16 U.S.C. 1612 note) and section
Applicability.
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117 STAT. 1320
PUBLIC LAW 108–108—NOV. 10, 2003
215 of title 36, Code of Federal Regulations shall apply to
projects under this title.
SEC. 404. CONTRACTING AND COOPERATIVE AGREEMENTS. (a)
IN GENERAL.—Notwithstanding chapter 63 of title 31, United States
Code, the Secretary may enter into contract or cooperative agree-
ments to carry out a project under this title.
(b) EXEMPTION.—Notwithstanding any other provisions of law,
the Secretary may limit competition for a contract or a cooperative
agreement under subsection (a).
SEC. 405. MONITORING REQUIREMENTS. (a) IN GENERAL.—The
Secretary shall establish a multiparty monitoring group consisting
of a representative number of interested parties, as determined
by the Secretary, to monitor the performance and effectiveness
of projects conducted under this title.
(b) REPORTING REQUIREMENTS.—The multiparty monitoring
group shall prepare annually a report to the Secretary on the
progress of the projects conducted under this title in rehabilitating
and restoring the North Fork drainage. The Secretary shall submit
the report to the Senate Subcommittee on Interior Appropriations
of the Senate Committee on Appropriations.
SEC. 406. SUNSET. The authority for the Secretary to issue
a decision to carry out a project under this title shall expire 5
years from the date of enactment.
SEC. 407. IMPLEMENTATION OF RECORDS OF DECISION. The Sec-
retary of Agriculture shall publish new information regarding forest
wide estimates of old growth from volume 103 of the administrative
record in the case captioned Ecology Center v. Castaneda, CV–
02–200–M–DWM (D. Mont.) for public comment for a 30-day period.
The Secretary shall review any comments received during the com-
ment period and decide whether to modify the Records of Decision
(hereinafter referred to as the ‘‘ROD’s’’) for the Pinkham, White
Pine, Kelsey-Beaver, Gold/Boulder/Sullivan, and Pink Stone projects
on the Kootenai National Forest. The ROD’s, whether modified
or not, shall not be deemed arbitrary and capricious under the
NFMA, NEPA or other applicable law as long as each project
area retains 10 percent designated old growth below 5,500 feet
elevation in third order watersheds in which the project is located
as specified in the forest plan.
Publication.
Public
information.
Establishment.
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117 STAT. 1321
PUBLIC LAW 108–108—NOV. 10, 2003
LEGISLATIVE HISTORY—H.R. 2691 (S. 1391):
HOUSE REPORTS: Nos. 108–195 (Comm. on Appropriations) and 108–330 (Comm.
of Conference).
SENATE REPORTS: No. 108–89 accompanying S. 1391 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 16, 17, considered and passed House.
Sept. 17, 18, 22, 23, considered and passed Senate, amended.
Oct. 30, House agreed to conference report.
Nov. 3, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Nov. 10, Presidential statement.
This Act may be cited as the ‘‘Department of the Interior
and Related Agencies Appropriations Act, 2004’’.
Approved November 10, 2003.
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