[108th Congress Public Law 108]
[From the U.S. Government Printing Office]
[DOCID: f:publ108.108]
[[Page 117 STAT. 1241]]
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. <<NOTE: Nov. 10, 2003 - [H.R. 2691]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
the Interior and Related Agencies Appropriations Act, 2004.>> 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, acquisition
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 addition, $32,696,000 is for Mining Law
Administration program operations, 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
appropriation estimated at not more than $850,321,000; and $2,000,000,
to remain available until expended, from communication site rental
[[Page 117 STAT. 1242]]
fees established by the Bureau for the cost of administering
communication 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
operations, fire science and research, emergency rehabilitation,
hazardous 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 rendered 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 further,
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 agreements, 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 Contracting Act, the Secretary, for purposes of hazardous fuels
reduction activities, may obtain maximum practicable competition among:
(A) local private, nonprofit, or cooperative entities; (B) Youth
Conservation 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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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 governments,
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 payments 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 counties of Oregon, and on adjacent rights-of-
way; and acquisition of
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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
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 ecosystem health and recovery
activities, such as release from competing vegetation and density
control treatments. The Federal share of receipts (defined as the
portion of salvage timber receipts not paid to the counties under 43
U.S.C. 1181f and 43 U.S.C. 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 processing
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, operation, 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: Provided, <<NOTE: 43 USC 1735 note.>> That
notwithstanding any provision to the contrary of section 305(a) of
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will
be received pursuant to that section, whether as a result of forfeiture,
compromise, or settlement, if not appropriate for refund pursuant to
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and
may be expended under the authority of this Act by the Secretary to
improve, protect, or
[[Page 117 STAT. 1245]]
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 administered 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 cooperators 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 agreements and reimbursable
agreements with public and private entities, $963,352,000, to remain
available until September 30, 2005, except as otherwise provided herein:
Provided, That not less than
[[Page 117 STAT. 1246]]
$2,000,000 shall be provided to local governments in southern California
for planning associated with the Natural Communities Conservation
Planning (NCCP) program and shall remain available until expended:
Provided further, That $2,000,000 is for high priority 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
concerning violations of laws administered by the Service, and
miscellaneous 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 available until
expended for contaminant sample analyses.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fishery and wildlife
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 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 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 Conservation
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 available 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
[[Page 117 STAT. 1247]]
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 Conservation
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 available 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 Cooperative 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
Conservation 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.
[[Page 117 STAT. 1248]]
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 recognized
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: Provided, 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
administrative 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
paragraph shall be adjusted equitably so that no State shall be
apportioned 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 implementation 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 consideration 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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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
services from cooperators in connection with jointly produced
publications 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 notwithstanding 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 managers
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 administration
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 necessary 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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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, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, 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
sections 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 Preservation 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 maintenance 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 physical
facilities, including the modifications authorized by section
[[Page 117 STAT. 1251]]
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 Landmark 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: Provided 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 provided 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 restriction 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, <<NOTE: Deadlines.>> 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 Committee 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 Management District, and that the House
and Senate Committees on Appropriations respond in writing disapproving
the further expenditure 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
The contract authority provided for fiscal year 2004 by 16 U.S.C.
460l-10a <<NOTE: 16 USC 460l-10a note.>> is rescinded.
[[Page 117 STAT. 1252]]
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
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 criterion 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 reprogramming request by the Secretary detailing how
the remaining funds will be expended for this purpose.
[[Page 117 STAT. 1253]]
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 submitted 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 circumstances 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 encourage 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 topography,
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;
[[Page 117 STAT. 1254]]
$949,686,000, of which $64,536,000 shall be available only for
cooperation with States or municipalities for water resources
investigations; 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 operations; 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, <<NOTE: 43 USC 50.>> 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 cooperation 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 appropriations
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, <<NOTE: 43 USC 36d.>> 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 authorized to continue
existing, and hereafter, to enter into new cooperative 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 operating
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
[[Page 117 STAT. 1255]]
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 administrative 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
overpayments 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 production taken in kind,
and to recover MMS transportation costs, salaries, 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 royalty-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 Surface
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: Provided, 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
[[Page 117 STAT. 1256]]
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, <<NOTE: 30 USC 1211 note.>> 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 abandoned 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 restoration 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 Maryland must first
complete all Surface Mining Control and Reclamation 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.),
[[Page 117 STAT. 1257]]
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 limited 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 organizations 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
organizations 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, <<NOTE: Expiration date.>> 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 facilities, 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 Irrigation 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
[[Page 117 STAT. 1258]]
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 subject 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
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 settlements
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: Provided,
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.
[[Page 117 STAT. 1259]]
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 assistance 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
[[Page 117 STAT. 1260]]
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 <<NOTE: 48 USC
1469b.>> Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein provided
for, including such transactions of all agencies 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 Foundation: Provided
further, That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure with territorial
participation and cost sharing to be determined 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
[[Page 117 STAT. 1261]]
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 accordance 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) implementing 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 <<NOTE: 48 USC 1901 note.>> 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 legislation 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
[[Page 117 STAT. 1262]]
be for official reception and representation expenses, and of which up
to $1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the <<NOTE: Deadline. Reports.>> 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 separately indicate the dollar
value of any articles, materials, or supplies purchased by the
Department of the Interior that were manufactured 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 additional
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.
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 contract of
independent auditing services to audit the consolidated Department of
the Interior annual financial statement and the
[[Page 117 STAT. 1263]]
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 following
shall have occurred: (a) Congress shall have amended the American Indian
Trust Management Reform Act of 1994 to delineate 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
Management, ``Salaries and Expenses'' account: Provided further, That
funds made available to Tribes and Tribal organizations through
contracts or grants obligated during fiscal year 2004, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the 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, <<NOTE: 25 USC 4011 note.>> That notwithstanding
any other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian trust
account that has not had activity for at least 18 months and has a
balance of $1.00 or less: Provided further, That the Secretary shall
issue an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to be
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 September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and remain available in
this account for this purpose.
[[Page 117 STAT. 1264]]
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 restoration
activities by the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act, as amended (42 U.S.C. 9601 et seq.), Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et seq.), and
Public Law 101-337, as 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
justification 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 Secretary 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,
[[Page 117 STAT. 1265]]
replacement, or repair of aircraft, buildings, utilities, or other
facilities 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 available
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 Department 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 assessment activities related to actual oil spills; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the jurisdiction
of the Secretary, pursuant to the authority in section 1773(b) of Public
Law 99-198 (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 Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the 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,
[[Page 117 STAT. 1266]]
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 authorized 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
services 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-recreational 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
obligations or securities that are guaranteed or insured by the
United
[[Page 117 STAT. 1267]]
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 expenditure 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 proceeding
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 inaccurate
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, overlapping 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 conveying
the Twin Cities Research Center under the authority provided by Public
Law 104-134, as amended by Public Law 104-
[[Page 117 STAT. 1268]]
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. <<NOTE: 16 USC 460bb note.>> Notwithstanding other
provisions of law, the National Park Service hereafter may authorize,
through cooperative agreement, 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 seedlings including
those collected in fiscal year 2003, may be credited to the
appropriation from which funds were expended to acquire or grow the
seeds or 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 Preserve 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 acquisition by
the National Park Service for Shenandoah Valley Battlefields 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.
[[Page 117 STAT. 1269]]
Sec. 126. <<NOTE: 16 USC 459j-4 note.>> 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 Seashore 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 payments 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 endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from Federally operated
or Federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
Sec. 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 Appropriations 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.
[[Page 117 STAT. 1270]]
Sec. 134. The State of Utah's contribution requirement pursuant 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. <<NOTE: Congaree National Park, designation. 16 USC 410jjj
note.>> 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) <<NOTE: 25 USC 2501 note.>> 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 tribally
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 paragraph
(2) of this subsection,'' and is further amended by adding the
following new paragraph:
``(2) A tribe receiving a grant for construction of a
tribally controlled school under this section shall not be
eligible to receive funding from the Bureau of Indian Affairs
for that school for education operations or facility operation
and maintenance if the school that was not at the time of the
grant: (i) a school receiving funding for education operations
or facility operation and maintenance under the 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. <<NOTE: Deadline.>> 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
[[Page 117 STAT. 1271]]
for the use and distribution of the Mescalero Apache Tribe's Judgment
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 <<NOTE: Effective dates.>> United States Court of Federal Claims;
each plan shall become effective upon the expiration of a 60-day period
beginning on the day each plan is submitted to the Congress.
Sec. 138. (a) Short Title.--This <<NOTE: Eastern Band of Cherokee
Indians Land Exchange Act of 2003. 16 USC 460a-5 note.>> 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
environmental 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 Parkway visitors, preserving habitat for
endangered species and threatened species including the
northern flying squirrel and the rock gnome lichen,
preserving valuable high altitude wetland seeps, and
preserving the property from rapidly 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 ancestral 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
students 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
language and culture can be taught alongside the
standard curriculum.
[[Page 117 STAT. 1272]]
(H) The land exchange and construction of this
educational village will benefit the American public by
preserving Cherokee traditions and fostering a vibrant,
modern, and well-educated Indian nation.
(I) The land exchange will also reunify tribal
reservation 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 species 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
benefits to the public and requesting party are clear,
as they are in this case.
(2) Purposes.--The purposes of this section are the
following:
(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
species 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 education 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 improvements 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.
[[Page 117 STAT. 1273]]
(3) Yellow face tract.--The Yellow Face tract shall contain
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 <<NOTE: Deadline.>> 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 subsections (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
descriptions. 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
consultations 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
[[Page 117 STAT. 1274]]
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 Department 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 Community, the Confederated Salish-
Kootenai Tribes of the Flathead Reservation and the Chippewa Cree Tribe
of the Rocky Boys Reservation 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 infrastructure 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-
Governance Program set forth in 25 U.S.C. Sections 458aa-458hh:
Provided, 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 <<NOTE: Blue Ridge National
Heritage Area Act of 2003. 16 USC 461 note.>> 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
cultural and natural resources of the Blue Ridge
Mountains have played a significant role in the history
of the United States and the State of North Carolina.
(B) Archaeological evidence indicates that the Blue
Ridge Mountains have been inhabited by humans since the
last retreat of the glaciers, with the Native Americans
living in the area at the time of European discovery
being primarily of Cherokee descent.
(C) The Blue Ridge Mountains of western North
Carolina, including the Great Smoky Mountains, played a
unique and significant role in the establishment and
development of the culture of the United States through
several distinct legacies, including--
(i) the craft heritage that--
(I) was first influenced by the
Cherokee Indians;
[[Page 117 STAT. 1275]]
(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 traditions practiced by
the Eastern Band of Cherokee
Indians;
(bb) authentic tradition
bearers;
(cc) historic sites; and
(dd) historically important
collections of Cherokee
artifacts; and
(iv) the agricultural heritage established by
the Cherokee Indians, including medicinal and
ceremonial food crops, combined with the historic
European patterns 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,
Tennessee, and Georgia.
(G) there are significant cultural, economic, and
educational 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.
[[Page 117 STAT. 1276]]
(c) Definitions.--
(1) In this section:
(A) Heritage area.--The term ``Heritage Area'' means
the Blue Ridge National Heritage Area established by
subsection (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
Secretary 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
management 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 HandMade 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 planning,
historic preservation, cultural
or natural resources
development, regional planning,
conservation, recreational
services, education, or museum
services.
(e) Management Plan.--
(1) In general.--Not <<NOTE: Deadline.>> later than 3 years
after the date of enactment of this section, the management
entity shall
[[Page 117 STAT. 1277]]
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,
management, 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 significance 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
intergovernmental 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 submitted
to the Secretary.
(5) Approval or disapproval of management plan.--
(A) In general.--Not <<NOTE: Deadline.>> 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,
business interests, nonprofit organizations, and
governments in the Heritage Area; and
[[Page 117 STAT. 1278]]
(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
agreements with, the State (including a political
subdivision), nonprofit organizations, or persons;
(B) hire and compensate staff; and
(C) enter into contracts for goods and services.
(2) Duties.--In addition to developing the management plan,
the management entity shall--
(A) develop and implement the 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;
[[Page 117 STAT. 1279]]
(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
management entity; and
(III) each entity to which a grant
was made;
(ii) make available for audit by Congress, the
Secretary, and appropriate units of government,
all records relating to the expenditure of funds
and any matching funds; and
(iii) require, for all agreements 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,
historical, natural, and recreational resources of the
Heritage Area; and
(B) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources of the Heritage Area.
(h) Land Use Regulation.--
(1) In general.--Nothing in this section--
(A) grants any power of zoning or land use to the
management entity; or
(B) modifies, enlarges, or diminishes any authority
of the Federal Government or any State or local
government to regulate any use of land under any law
(including regulations).
(2) Private property.--Nothing in this section--
(A) abridges the rights of any person with respect
to private property;
(B) affects the authority of the State or local
government with respect to private property; or
(C) imposes any additional burden on any property
owner.
(i) Authorization of Appropriations.--
[[Page 117 STAT. 1280]]
(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 pension 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
canceled, 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 compensation''.
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. <<NOTE: 16 USC 1a-1 note.>> 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
[[Page 117 STAT. 1281]]
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 NW\1/4\ SE\1/4\ SW\1/4\ 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) <<NOTE: 16 USC 431 note.>> 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
paragraph (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 paragraph
(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 boundaries 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 ``February 18, 1997''.
Sec. 150. <<NOTE: Regulations. 16 USC 460m-20 note.>> The National
Park Service shall issue a special regulation concerning continued
hunting at New River Gorge National
[[Page 117 STAT. 1282]]
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 appropriate.
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
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 technical
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, <<NOTE: Notification.>> That none of the funds provided 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, <<NOTE: Grants.>> That each forest legacy grant shall be for a
specific project or set of specific tasks: Provided further, That grants
for acquisition of lands or conservation easements shall require that
the State 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 provision 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 utilization of the
National Forest System, $1,382,916,000, to remain available until
expended, which shall include 50 percent of all moneys received during
prior fiscal years as fees collected under the Land
[[Page 117 STAT. 1283]]
and Water Conservation Fund Act of 1965, as amended, in accordance with
section 4 of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated
balances available at the start of fiscal year 2004 shall be displayed
by budget line item in the fiscal year 2005 budget justification:
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 further, 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 purposes: 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 emergencies 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-
[[Page 117 STAT. 1284]]
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 further, 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,
volunteer fire assistance, forest health management, forest and
rangeland research, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and
restoration: Provided further, That transfers of any amounts in excess
of those authorized in this paragraph, shall require approval of the
House and Senate Committees on Appropriations in compliance with
reprogramming procedures contained in the statement of managers
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
communities at risk: Provided further, That included in funding for
hazardous fuel reduction is $5,000,000 for implementing the Community
Forest Restoration Act, Public Law 106-393, title VI, and any portion of
such funds shall be available for use on non-Federal lands in accordance
with authorities available to the Forest Service under the State and
Private Forestry Appropriation: Provided further, That in using the
funds provided in this Act for hazardous fuels reduction activities, the
Secretary of Agriculture may conduct fuel reduction treatments on
Federal lands using all contracting and hiring authorities available to
the Secretary applicable to hazardous fuel reduction activities under
the wildland fire management accounts: Provided further, That
notwithstanding Federal Government procurement and contracting laws, the
Secretaries may conduct 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
[[Page 117 STAT. 1285]]
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 agreements are available
until all funds provided in this title for hazardous fuels reduction
activities in the urban wildland interface are obligated: Provided
further, That the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds 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 transferred for wildfire
suppression and emergency rehabilitation activities: 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 suppression 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 Demonstration 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 further, That the Forest Service shall transfer $350,000
appropriated
[[Page 117 STAT. 1286]]
in Public Law 108-7 within the Capital Improvement and Maintenance
appropriation to the State and Private Forestry appropriation, 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 notwithstanding any limitations of the Land and
Water Conservation Fund Act (16 U.S.C. 460l-9), the Secretary of
Agriculture is henceforth 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 established
pursuant to the above Act.
[[Page 117 STAT. 1287]]
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 enforcement
purposes and of which 124 shall be for replacement; acquisition 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 preparedness 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 Development 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, education and training, and
cooperation with United States and international organizations.
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section
[[Page 117 STAT. 1288]]
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 reprogramming
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
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, $3,000,000 may be advanced in a
lump sum to the 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 Foundation, 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 contributions to match on at least one-for-one basis
funds made available by the Forest Service: Provided further, <<NOTE: 16
USC 583j-9 note.>> 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.
[[Page 117 STAT. 1289]]
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 <<NOTE: Deadline. Reports.>> 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 matters. Future budget justifications for
both the Forest Service and the Department of Agriculture should clearly
display the sums previously transferred and the requested funding
transfers.
Any appropriations or funds available to the Forest Service may be
used for necessary expenses in the event of law enforcement emergencies
as necessary to protect natural resources and public or employee safety:
Provided, That such amounts shall not exceed $1,000,000.
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 Secretary 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 <<NOTE: Effective date. Termination
date.>> and concluding on December 31, 2004, an eligible individual who
is employed in any project funded
[[Page 117 STAT. 1290]]
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
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 investigations
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 continue a multi-year project for
construction, renovation, furnishing, and demolition or removal of
buildings at National Energy Technology Laboratory facilities in
Morgantown, West Virginia and Pittsburgh, Pennsylvania; of which not to
exceed $536,000 may be utilized for travel and travel-related expenses
incurred by the headquarters 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
[[Page 117 STAT. 1291]]
to the project on terms and conditions that are acceptable to the
Department including repayments from sale and licensing of technologies
from both domestic and foreign transactions: Provided further, That such
repayments shall be retained by the Department for future coal-related
research, development and 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 Regulations: 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.
For necessary expenses in carrying out energy conservation
activities, $888,937,000, to remain available until expended: Provided,
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 section 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.
[[Page 117 STAT. 1292]]
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 available 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 security 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, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, private or
foreign: Provided, That revenues and other moneys received by or for the
account of the Department of Energy or otherwise generated by sale of
products in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to be
available until expended, and used only for plant construction,
operation, costs, and payments to cost-sharing entities as provided in
appropriate cost-sharing contracts or agreements: Provided further, That
the remainder of revenues after the making of such payments shall be
covered into the Treasury as miscellaneous receipts: Provided
further, <<NOTE: Contracts. Reports.>> That any contract, agreement, or
provision thereof entered into by the Secretary 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 Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State or private agencies or concerns.
[[Page 117 STAT. 1293]]
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 repayment program under section 108 of the
Indian Health Care Improvement 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 available until expended: Provided
further, <<NOTE: Reports. Records.>> 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, <<NOTE: Contracts. Grants.>> That, notwithstanding any other
provision of law, of the amounts provided herein, not to exceed
$270,734,000 shall be for payments to tribes and tribal organizations
for contract or grant support costs associated with contracts, grants,
self-governance compacts or annual funding agreements between the 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 compacts 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
[[Page 117 STAT. 1294]]
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 substance 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 treatment programs; (3) $1,500,000 for Yukon-
Kuskokwim Health Corporation'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 administrative overhead including
indirect costs: Provided further, <<NOTE: Alaska.>> 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 equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
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 environmental 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 appropriated 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 appropriated herein, $5,000,000 shall be
designated by the Indian Health Service as a contribution to the Yukon-
Kuskokwim Health Corporation (YKHC) to complete a priority project for
the acquisition of land, planning, design and construction of 79 staff
quarters in the Bethel service area, pursuant to the negotiated project
agreement between the YKHC and the Indian Health Service: Provided
[[Page 117 STAT. 1295]]
further, That this project shall not be subject to the construction
provisions of the Indian Self-Determination and Education Assistance 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
equipment 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 Department 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 equipment; 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 authorized 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 purposes, shall not
be subject to limitations directed at curtailing Federal travel and
transportation.
[[Page 117 STAT. 1296]]
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 subsequent
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
[[Page 117 STAT. 1297]]
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 Lifelong 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 performances;
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 reinstallation, 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 independent
contractors performing research services or participating in official
Smithsonian presentations: Provided further, That the Smithsonian
Institution may expend Federal appropriations designated in this Act for
lease or rent payments for long term and
[[Page 117 STAT. 1298]]
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 appropriations 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 authorized by 5 U.S.C. 3109: Provided, That
contracts awarded for environmental 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 qualifications as well as price: Provided further, That
balances from amounts previously appropriated under the headings
``Repair, Restoration and Alteration of Facilities'' and
``Construction'' shall be transferred to and merged with this
appropriation and shall remain until expended.
administrative provisions, smithsonian institution
None of the funds in this or any other Act may be used to make any
changes to the existing Smithsonian science programs including closure
of facilities, relocation of staff or redirection of functions and
programs without approval from the Board of Regents of recommendations
received from the Science Commission.
None of the funds in this or any other Act may be used to initiate
the design for any proposed expansion of current space or new facility
without consultation with the House and Senate Appropriations
Committees.
None of the funds in this or any other Act may be used for the Holt
House located at the National Zoological 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 managers accompanying this Act.
[[Page 117 STAT. 1299]]
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 administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, 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 Gallery 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.
[[Page 117 STAT. 1300]]
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 Challenge America program, for program support, and for
administering the functions of the Act, to remain available until
expended: Provided, That funds previously appropriated to the National
Endowment 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 appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant
[[Page 117 STAT. 1301]]
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 purposes per year: Provided further, That
such small grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council on the Arts
to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $1,422,000: Provided, That the Commission is
authorized to charge fees to cover the full costs of its publications,
and such fees shall be credited to this account as an offsetting
collection, to remain available until expended without further
appropriation.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956(a)), as amended, $7,000,000.
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: Provided, That
none of these funds shall be available for compensation of level V of
the Executive Schedule or higher positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the 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, <<NOTE: 40 USC 8711
note.>> 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
[[Page 117 STAT. 1302]]
which $1,900,000 for the museum's repair and rehabilitation program and
$1,264,000 for the museum's exhibitions program shall remain available
until expended.
Presidio Trust
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. <<NOTE: Contracts. Public information.>> The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under 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 department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency except as otherwise provided by law.
Sec. 305. No assessments 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 appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply if
the Secretary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes
[[Page 117 STAT. 1303]]
(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, <<NOTE: Deadline.>> the
Secretary of the Interior shall file with the House and Senate
Committees on Appropriations and the Committee on Resources of the House
of Representatives 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 examination of the mining claims or
mill sites contained in a patent application 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-determination 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. <<NOTE: Grants.>> Of the funds provided to the National
Endowment for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) <<NOTE: Procedures.>> 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 Endowment for the Arts and the National
Endowment for the Humanities.
[[Page 117 STAT. 1304]]
Any proceeds from such gifts, bequests, or devises, after acceptance by
the National Endowment for the Arts or the National Endowment for the
Humanities, shall be paid by the donor or the representative 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 assistance
under the National Foundation on the Arts and the Humanities 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) <<NOTE: Grants.>> 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) <<NOTE: Reports.>> 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.
[[Page 117 STAT. 1305]]
Sec. 314. Notwithstanding any other provision of law, none of the
funds in this Act may be used for GSA Telecommunication Centers.
Sec. 315. Notwithstanding any other provision of law, for fiscal
year 2004 the Secretaries of Agriculture and the Interior are authorized
to limit competition for 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 Secretaries shall
consider the benefits to the local economy in evaluating bids and
designing procurements which create economic opportunities for local
contractors.
Sec. 316. Amounts deposited during fiscal year 2003 in the roads and
trails fund provided for in the 14th 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
emphasize 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 subsequent
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 processors at prevailing domestic prices in
the contiguous 48 United States shall be that volume: (i) which is
surplus to the needs
[[Page 117 STAT. 1306]]
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 documentation
of the inability to sell western redcedar logs from a given sale to
domestic Alaska processors at a price equal to or greater than the log
selling value stated in the contract. All additional western redcedar
volume not sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the 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. <<NOTE: 16 USC 460l-6a note.>> 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 Appropriations 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 initiating any project, the Secretary shall consult with
potentially affected holders to determine what impacts the
project may have on the holders. Any modifications to the
authorization shall be made within the terms and conditions of
the authorization 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
relationship 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 Demonstration
Program to provide for operations until a subsequent operator can be
found through the offering of a new prospectus.
Sec. 320. <<NOTE: 16 USC 1604 note.>> 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.
[[Page 117 STAT. 1307]]
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. <<NOTE: Contracts. Wildfires.>> 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 Agriculture 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 associated with the firefighter shall
be subject to any legal action whatsoever pertaining to or arising out
of the firefighter's role in fire suppression.
Sec. 325. A grazing permit or lease issued by the Secretary of the
Interior or a grazing permit issued by 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 appropriate completes processing of such permit or lease in
compliance
[[Page 117 STAT. 1308]]
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, <<NOTE: Deadline. Reports. 43 USC 1752 note.>> 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 recommendations
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 further, 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 designated by the Secretary of the Interior on April 5, 1990
(Lake Roosevelt Cooperative Management Agreement), that were utilized as
of March 31, 1997, for grazing purposes pursuant to a permit issued by
the National Park Service, the person or persons so utilizing such lands
as of March 31, 1997, shall be entitled to renew said permit under such
terms and conditions as the Secretary may prescribe, for the lifetime of
the permittee or 20 years, whichever is less.
Sec. 326. Notwithstanding any other provision of law or regulation,
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, pharmacist, 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 appropriations 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.
[[Page 117 STAT. 1309]]
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 displaced 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 alternative 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
disadvantaged'' shall have the same meanings as in section 2374 of
Public Law 101-624: Provided further, <<NOTE: Guidelines.>> 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 Expansion 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
[[Page 117 STAT. 1310]]
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
further 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 fulfillment 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 subsection (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
environmental analyses or examination, to sell or exchange any
or all rights, title, and interests of the United States in the
following 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, W\1/2\SE\1/4\NW\1/4\, containing 76.27 acres
more or less.
[[Page 117 STAT. 1311]]
(B) Forest Service West Yellowstone Administrative
Site: United States Forest Service Administrative Site
located within the NE\1/4\ of Block 17 of the Townsite
of West Yellowstone which is situated in the N\1/2\ 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, NW\1/4\SW\1/4\,
containing 40 acres more or less.
(D) West Yellowstone Town Expansion Tract #1:
Principal Meridian, T.13S., R.5E., Section 33, E\1/
2\E\1/2\NE\1/4\, containing 40 acres more or less.
(E) West Yellowstone Town Expansion Tract #2:
Principal Meridian, T.13S., R.5E., Section 33, NE\1/
4\SE\1/4\, containing 40 acres more or less.
(2) Descriptions.--The Secretary may modify the descriptions
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 provision
of law, the Secretary may accept a cash equalization payment 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 Secretary 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
reasonable 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
subsection (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
[[Page 117 STAT. 1312]]
(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
Secretary 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 Recreation 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 <<NOTE: Procedures.>> Secretary
shall establish appraisal methods and bidding procedures
to determine the fair market value of forest botanical
products harvested under the pilot program.'';
(2) in subsection (c), by striking paragraph (1) and
inserting the following new paragraph (1):
``(1) Imposition and collection.--Under the pilot program,
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 associated 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'';
[[Page 117 STAT. 1313]]
(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 harvest, monitoring and assessing
the impacts of harvest levels and methods, conducting
restoration activities, including any necessary
vegetation, and covering costs of the Department 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 <<NOTE: Termination
date.>> 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
[[Page 117 STAT. 1314]]
``(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
available 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 Program, 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. <<NOTE: Deadlines. Alaska. Timber.>> 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
discretion, that the sale would result in a financial loss to
the purchaser 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 contract
before cancellation under this section not in connection with
the cancellation.
(2) Limitation.--Cancellation of a contract under this
section 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 contract
cancelled under this section shall be available for resale by the
Secretary of Agriculture.
[[Page 117 STAT. 1315]]
Sec. 340. (a) Justification <<NOTE: 31 USC 501 note.>> of
Competitive Sourcing Activities.--(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) <<NOTE: Applicability.>> 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
appropriated by this Act.
(b) Annual Reporting Requirements on Competitive Sourcing
Activities.--(1) <<NOTE: Deadline. 31 USC 501 note.>> 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
Department 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
quantifiable description of improvements in service or
performance, derived from completed competitions;
(G) actual savings, or a quantifiable description of
improvements in service or performance, derived from the
implementation of competitions;
(H) the total projected number of full-time equivalent
Federal 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.
[[Page 117 STAT. 1316]]
(c) Declaration <<NOTE: Deadline.>> 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 purposes.
(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 Performance.--(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 appropriated 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
[[Page 117 STAT. 1317]]
to the Federal Government by an amount that equals or exceeds
the lesser of--
(i) 10 percent of the more efficient organization's
personnel-related costs for performance of that activity
or function 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 <<NOTE: 31 USC 501 note.>> Sourcing Study Defined.--
In this subsection, the term ``competitive sourcing study'' means a
study on subjecting work performed by Federal Government employees or
private contractors 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 environmental 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
[[Page 117 STAT. 1318]]
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 estimates
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
appropriation for fiscal year 2004 for any discretionary account
in the Department of the Interior and Related Agencies
Appropriations Act, 2003.
(b) Proportionate Application.--Any rescission made by subsection
(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 <<NOTE: Flathead and Kootenai National Forest
Rehabilitation Act of 2003. Wildfires. Montana.>> 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 extensive
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
environmental impacts; and
(5) wildlife and watershed resource values will be
maintained in areas affected by the Robert Fire and Wedge Fire
while exempting the rehabilitation effort from certain
applications of the National Environmental Policy Act (NEPA) and
the Clean Water Act (CWA).
[[Page 117 STAT. 1319]]
(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 Environmental 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 participation
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 consultation
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
consultation over any similar requests for consultation by the
Secretary.
(6) Administrative appeals.--
Section <<NOTE: Applicability.>> 322 of the Department of the
Interior and Related Agencies Appropriations Act, 1993 (Public
Law 102-381; 16 U.S.C. 1612 note) and section
[[Page 117 STAT. 1320]]
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 agreements 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 <<NOTE: Establishment.>> 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 <<NOTE: Publication. Public
information.>> of Records of Decision. The Secretary 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 comment 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.
[[Page 117 STAT. 1321]]
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 2004''.
Approved November 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.
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