[106th Congress Public Law 291]
[From the U.S. Government Printing Office]
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[DOCID: f:publ291.106]
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DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 2001
[[Page 114 STAT. 922]]
Public Law 106-291
106th Congress
An Act
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2001, and for other
purposes. <<NOTE: Oct. 11, 2000 - [H.R. 4578]>>
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, 2001.>> 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, 2001, and for other
purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary 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)), $709,733,000, to remain
available until expended, of which $3,898,000 shall be available 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 2001 subject to a match by at least an equal amount by the
National Fish and Wildlife Foundation, to such 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, $34,328,000 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 $709,733,000, and $2,000,000,
to remain available until expended, from communication site rental fees
established by the Bureau for the cost of administering communication
site activities: Provided, That appropriations herein made
[[Page 114 STAT. 923]]
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, research, emergency rehabilitation and hazardous fuels
reduction by the Department of the Interior, $425,513,000, to remain
available until expended, of which not to exceed $30,000,000 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 unobligated balances of amounts
previously appropriated to the ``Fire Protection'' and ``Emergency
Department of the Interior Firefighting Fund'' may be transferred and
merged with this appropriation: 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.
For an additional amount for ``Wildland Fire Management'',
$200,000,000, to remain available until expended, for emergency
rehabilitation and wildfire suppression activities: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That this
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined by
such Act, is transmitted by the President to the Congress.
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.),
$10,000,000, 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.
[[Page 114 STAT. 924]]
construction
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $16,860,000, to remain available until
expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907), $150,000,000, 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.
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, $31,100,000, to be derived from
the Land and Water Conservation Fund, 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 lands or interests therein including existing
connecting roads on or adjacent to such grant lands; $104,267,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
forest ecosystems health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-381, funds
made available in the Forest Ecosystem Health and Recovery Fund can be
used for the purpose of planning, preparing, 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.
1181-1 et seq., and Public Law 103-66) derived from treatments funded by
this account shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
[[Page 114 STAT. 925]]
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: <<NOTE: 43 USC 1735 note.>> Provided, 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 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,
[[Page 114 STAT. 926]]
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 his 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.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, for scientific and economic studies, conservation, management,
investigations, protection, and utilization of fishery and wildlife
resources, except whales, seals, and sea lions, 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, $776,595,000, to remain available until September 30,
2002, except as otherwise provided herein, of which not less than
$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, That not less than $1,000,000 for high priority projects which
shall be carried out by the Youth Conservation Corps as authorized by
the Act of August 13, 1970, as amended: Provided further, That not to
exceed $6,355,000 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)): 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 his 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;
$63,015,000, to remain available until expended: Provided, That,
[[Page 114 STAT. 927]]
notwithstanding any provision of law or regulation, funds appropriated
in Public Law 106-113 for exhibits at the J.N. Ding Darling National
Wildlife Refuge Education Center in Florida shall be transferred
immediately to the Ding Darling Wildlife Society for the purpose of
constructing the exhibits.
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, $62,800,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the Endangered
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $26,925,000, to
be derived from the Cooperative Endangered Species Conservation Fund, 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), $11,439,000.
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,
$20,000,000, to remain available until expended.
wildlife conservation and appreciation fund
For necessary expenses of the Wildlife Conservation and Appreciation
Fund, $797,000, 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), and the Rhinoceros and Tiger Conservation Act
of 1994 (16 U.S.C. 5301-5306), $2,500,000, to remain available until
expended: Provided, That funds made available under this Act and Public
Law 105-277 for rhinoceros, tiger, and Asian elephant conservation
programs are exempt from any sanctions imposed against any country under
section 102 of the Arms Export Control Act (22 U.S.C. 2799aa-1).
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 79
passenger motor vehicles, of which 72 are for replacement only
(including 41 for police-type use); repair of damage to public roads
within and adjacent to reservation areas caused by operations of
[[Page 114 STAT. 928]]
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 Senate Report 105-56.
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, including 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 as authorized by 16
U.S.C. 1706, $1,389,144,000, of which $9,227,000 for research, planning
and interagency coordination in support of land acquisition for
Everglades restoration shall remain available until expended, and of
which not to exceed $7,000,000, to remain available until expended, is
to be derived from the special fee account established pursuant to title
V, section 5201 of Public Law 100-203: Provided, That the only funds in
this account which may be made available to support United States Park
Police operations are those needed to continue services at the same
level as was provided in fiscal year 2000 at the Statue of Liberty and
Gateway National Recreation Area, and those funds approved for emergency
law and order incidents pursuant to established National Park Service
procedures and those funds needed to maintain and repair United States
Park Police administrative facilities.
united states park police
For expenses necessary to carry out the programs of the United
States Park Police, $78,048,000, of which $1,607,000 for security
enhancements in the Washington, DC area shall remain available until
expended.
[[Page 114 STAT. 929]]
national recreation and preservation
(including transfer of funds)
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, $58,359,000: Provided, That
$1,595,000 appropriated in Public Law 105-277 for the acquisition of
interests in Ferry Farm, George Washington's Boyhood Home, shall be
transferred to this account and shall be available until expended for a
cooperative agreement for management of George Washington's Boyhood
Home, Ferry Farm, as authorized in Public Law 105-355.
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.),
$10,000,000, 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), $79,347,000, to be
derived from the Historic Preservation Fund, to remain available until
September 30, 2002, of which $7,177,000 pursuant to section 507 of
Public Law 104-333 shall remain available until expended: Provided, That
of the total amount provided, $35,000,000 shall be for Save America's
Treasures for priority preservation projects, including preservation of
intellectual and cultural artifacts, preservation of historic structures
and sites, and buildings to house cultural and historic resources and to
provide educational opportunities: 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 prior to the commitment of grant
funds: Provided further, That Save America's Treasures funds allocated
for Federal projects shall be available by transfer to appropriate
accounts of individual agencies, after approval of such projects by the
Secretary of the Interior: Provided further, That none of the funds
provided for Save America's Treasures may be used for administrative
expenses, and staffing for the program shall be available from the
existing staffing levels in the National Park Service.
construction
For construction, improvements, repair or replacement of physical
facilities, including the modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989,
$242,174,000, to remain available until expended: Provided, That
$650,000 for Lake Champlain National Historic Landmarks, $300,000 for
the Kendall County Courthouse, and
[[Page 114 STAT. 930]]
$365,000 for the U.S. Grant Boyhood Home National Historic Landmark
shall be derived from the Historic Preservation Fund pursuant to 16
U.S.C. 470a.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2001 by
16 <<NOTE: 16 USC 460l-10a note.>> U.S.C. 460l-10a is rescinded.
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, $110,540,000, to be derived from the Land
and Water Conservation Fund, to remain available until expended, of
which $40,500,000 is for the State assistance program including
$1,500,000 to administer the State assistance program, and of which
$12,000,000 may be for State grants for land acquisition in the State of
Florida: Provided, That the Secretary may provide Federal assistance to
the State of Florida for the acquisition of lands or waters, or
interests therein, within the Everglades watershed (consisting of lands
and waters within the boundaries of the South Florida Water Management
District, Florida Bay and the Florida Keys, including the areas known as
the Frog Pond, the Rocky Glades and the Eight and One-Half Square Mile
Area) under terms and conditions deemed necessary by the Secretary to
improve and restore the hydrological function of the Everglades
watershed: Provided further, That funds provided under this heading for
assistance to the State of Florida to acquire lands within the
Everglades watershed are contingent upon new matching non-Federal funds
by the State and shall be subject to an agreement that the lands to be
acquired will be managed in perpetuity for the restoration of the
Everglades: Provided further, That none of the funds provided for the
State Assistance program may be used to establish a contingency fund:
Provided further, That not to exceed $50,000,000 derived from unexpended
balances previously appropriated in Public Laws 106-113 and 103-211 for
land acquisition assistance to the State of Florida shall be available
until expended for project modifications authorized by section 104 of
the Everglades National Park Protection and Expansion Act.
administrative provisions
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 340 passenger motor vehicles, of which 273
shall be for replacement only, including not to exceed 319 for police-
type use, 12 buses, and 9 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, <<NOTE: Reports.>> 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
[[Page 114 STAT. 931]]
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 three 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.
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.
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; $862,046,000, of which $62,879,000 shall be available
only for cooperation with States or municipalities for water resources
investigations; and of which $16,400,000 shall remain available until
expended for conducting inquiries into the economic conditions affecting
mining and materials processing industries; and of which $1,525,000
shall remain available until expended for ongoing development of a
mineral and geologic data base; and of which $32,822,000 shall be
available until September 30, 2002 for the operation and maintenance of
facilities and deferred maintenance; and of which $157,923,000 shall be
available until September 30, 2002 for the biological research activity
and the operation of the Cooperative Research Units: Provided, That none
of these funds provided for the biological research activity shall be
used to conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further, That no
part <<NOTE: 43 USC 50.>> 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
[[Page 114 STAT. 932]]
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.
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, $133,410,000, of which $86,257,000, shall be available
for royalty management activities; and an amount not to exceed
$107,410,000, 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 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 $107,410,000 in additions to
receipts are not realized from the sources of receipts stated above, the
amount needed to reach $107,410,000 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, 2002: 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 the Minerals Management Service (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 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
[[Page 114 STAT. 933]]
process or otherwise dispose of royalty production taken in kind:
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, $6,118,000, 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; $100,801,000: Provided, That the
Secretary of the Interior, pursuant to regulations, may use directly or
through grants to States, moneys collected in fiscal year 2001 for civil
penalties assessed under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely
affected by coal mining practices after August 3, 1977, to remain
available until expended: Provided further, That appropriations for the
Office of <<NOTE: 30 USC 1211 note.>> 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, $202,438,000, 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 $1,600,000 per State in fiscal year 2001: Provided further, That of
the funds herein provided up to $18,000,000 may be used for the
emergency program authorized by section 410 of Public Law 95-87, as
amended, of which no more than 25 percent shall be used for emergency
reclamation projects in any one State and funds for federally
administered emergency reclamation projects under this proviso shall not
exceed $11,000,000: Provided further, That prior year unobligated funds
appropriated for the emergency reclamation program shall not be subject
to the 25 percent limitation per State and may be used without fiscal
year limitation
[[Page 114 STAT. 934]]
for emergency projects: 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.), as amended, $1,741,212,000, to remain
available until September 30, 2002 except as otherwise provided herein,
of which not to exceed $93,225,000 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 $125,485,000 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 2001, 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 up to $5,000,000 shall be for the
Indian Self-Determination Fund which shall be available for the
transitional cost of initial or expanded tribal contracts, grants,
compacts or cooperative agreements with the Bureau under such Act; and
of which not to exceed $423,056,000 for school operations costs of
Bureau-funded schools and other education programs shall become
available on July 1, 2001, and shall remain available until September
30, 2002; and of which not to exceed $60,194,000 shall remain available
until expended for housing improvement, road maintenance, attorney fees,
litigation
[[Page 114 STAT. 935]]
support, self-governance grants, the Indian Self-Determination Fund,
land records improvement, and the Navajo-Hopi Settlement Program; and of
which not to exceed $108,000 shall be for payment to the United Sioux
Tribes of South Dakota Development Corporation for the purpose of
providing employment assistance to Indian clients of the Corporation,
including employment counseling, follow-up services, housing services,
community services, day care services, and subsistence to help Indian
clients become fully employed members of society: 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 $43,160,000 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 the
operation of Bureau-funded schools: Provided further, That any forestry
funds allocated to a tribe which remain unobligated as of September 30,
2002, may be transferred during fiscal year 2003 to an Indian forest
land assistance account established for the benefit of such tribe within
the tribe's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2003.
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, $357,404,000, 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 fiscal year 2001,
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
[[Page 114 STAT. 936]]
between the Secretary and any grantee concerning a grant shall be
subject to the disputes provision in 25 U.S.C. 2508(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, $37,526,000, to remain available
until expended; of which $25,225,000 shall be available for
implementation of enacted Indian land and water claim settlements
pursuant to Public Laws 101-618 and 102-575, and for implementation of
other enacted water rights settlements; of which $8,000,000 shall be
available for Tribal compact administration, economic development and
future water supplies facilities under Public Law 106-163; of which
$2,127,000 shall be available pursuant to Public Laws 99-264, 100-383,
100-580 and 103-402; and of which $2,000,000 shall be available for the
consent decree entered by the U.S. District Court, Western District of
Michigan in United States v. Michigan, Case No. 2:73 CV 26.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, 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 $59,682,000.
In addition, for administrative expenses to carry out the guaranteed
loan programs, $488,000.
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.
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, pooled
overhead general administration (except facilities operations and
maintenance), or provided to implement the recommendations of the
National Academy of Public Administration's August 1999 report 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
[[Page 114 STAT. 937]]
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 employees for purposes of chapter 171 of title 28, United States
Code (commonly known as the ``Federal Tort Claims Act''). Not later than
June 15, 2001, the Secretary of the Interior shall evaluate the
effectiveness of Bureau-funded schools sharing facilities with charter
schools in the manner described in the preceding sentence and prepare
and submit a report on the finding of that evaluation to the Committees
on Appropriations of the Senate and of the House.
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $75,471,000, of which:
(1) $71,076,000 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
[[Page 114 STAT. 938]]
Law 94-241; 90 Stat. 272); and (2) $4,395,000 shall be available for
salaries and expenses of the Office of Insular Affairs:
Provided, <<NOTE: 48 USC 1469b.>> 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, not to exceed $300,000 may be made available for
transfer to the Disaster Assistance Direct Loan Program Account of the
Federal Emergency Management Agency for the purpose of covering the cost
of forgiving a portion of the obligation of the Government of the Virgin
Islands to pay interest which has accrued on Community Disaster Loan 841
during fiscal year 2000, as required by section 504 of the Congressional
Budget Act of 1974, as amended (2 U.S.C. 661c): Provided
further, <<NOTE: Grants. Close Up Foundation.>> 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
of the amounts provided for technical assistance, the amount of $700,000
shall be made available to the Prior Service Benefits Trust Fund for its
program of benefit payments to individuals: Provided further, That none
of this amount shall be used for administrative expenses of the Prior
Service Benefits Trust Fund: 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 in American Samoa, Guam, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, and the Federated States of Micronesia
through assessments of long-range operations maintenance needs, improved
capability of local operations and maintenance institutions and agencies
(including management and vocational education training), and project-
specific maintenance (with territorial participation and cost sharing to
be determined by the Secretary based on the individual territory'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 economic assistance and necessary expenses for the Federated
States of Micronesia and the Republic of the Marshall Islands as
provided for in sections 122, 221, 223, 232, and 233 of the Compact of
Free Association, and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221, 223, 232,
and 233 of the Compact of Free Association, $20,745,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
[[Page 114 STAT. 939]]
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $64,319,000, of which not to exceed $8,500 may be for official
reception and representation expenses, 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 United
States Bureau of Mines, and of which $300,000 shall be for a grant to
Alaska Pacific University for the development of an ANILCA training
curriculum.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $40,196,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$27,846,000.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $82,628,000, to
remain available until expended: Provided, That funds for trust
management improvements may be transferred, as needed, to the Bureau of
Indian Affairs ``Operation of Indian Programs'' account and to 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 2001, 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, <<NOTE: 25
USC 4011 note. Records.>> 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.
[[Page 114 STAT. 940]]
indian land consolidation
For implementation of a program for consolidation of fractional
interests in Indian lands and expenses associated with redetermining and
redistributing escheated interests in allotted lands by direct
expenditure or cooperative agreement, $9,000,000, to remain available
until expended and which may be transferred to the Bureau of Indian
Affairs and Departmental Management, of which not to exceed $1,000,000
shall be available for administrative expenses: Provided, That the
Secretary may enter into a cooperative agreement, which shall not be
subject to Public Law 93-638, as amended, with a tribe having
jurisdiction over the reservation to implement the program to acquire
fractional interests on behalf of such tribe: Provided further, That the
Secretary may develop a reservation-wide system for establishing the
fair market value of various types of lands and improvements to govern
the amounts offered for acquisition of fractional interests: Provided
further, That acquisitions shall be limited to one or more reservations
as determined by the Secretary: Provided further, That funds shall be
available for acquisition of fractional interests in trust or restricted
lands with the consent of its owners and at fair market value, and the
Secretary shall hold in trust for such tribe all interests acquired
pursuant to this program: Provided further, That all proceeds from any
lease, resource sale contract, right-of-way or other transaction derived
from the fractional interests shall be credited to this appropriation,
and remain available until expended, until the purchase price paid by
the Secretary under this appropriation has been recovered from such
proceeds: Provided further, That once the purchase price has been
recovered, all subsequent proceeds shall be managed by the Secretary for
the benefit of the applicable tribe or paid directly to the tribe.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment 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.), $5,403,000, 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 notwithstanding any
other provision of law, existing aircraft being replaced may be sold,
with proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: 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 or the Consolidated Working
Fund.
[[Page 114 STAT. 941]]
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,
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 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, 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 thirty days: Provided further, That all funds
used pursuant to this section are hereby designated by Congress to be
``emergency requirements'' pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, 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
[[Page 114 STAT. 942]]
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, 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 leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, 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 for the conduct of offshore oil and natural
gas preleasing, leasing, and related activities, on lands within the
North Aleutian Basin planning area.
Sec. 109. 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. 110. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 111. Advance payments made under this title to Indian tribes,
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
be invested by the Indian tribe, tribal organization, or consortium
before such funds are expended for the purposes of the grant, compact,
or annual funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by the
United
[[Page 114 STAT. 943]]
States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
Sec. 112. Notwithstanding any other provisions of law, the National
Park Service shall not develop or implement a reduced entrance fee
program to accommodate non-local travel through a unit. The Secretary
may provide for and regulate local non-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. 113. <<NOTE: 43 USC 1467a.>> Refunds or rebates received on an
on-going basis from a credit card services provider under the Department
of the Interior's charge card programs, hereafter may be deposited to
and retained without fiscal year limitation in the Departmental Working
Capital Fund established under 43 U.S.C. 1467 and used to fund
management initiatives of general benefit to the Department of the
Interior's bureaus and offices as determined by the Secretary or his
designee.
Sec. 114. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Office of Special Trustee for American Indians and
any available unobligated balances from prior appropriations Acts made
under the same headings, shall be available for expenditure or transfer
for Indian trust management activities pursuant to the Trust Management
Improvement Project High Level Implementation Plan.
Sec. 115. <<NOTE: 16 USC 460bb-3 note.>> Notwithstanding any
provision of law, hereafter the Secretary of the Interior is authorized
to negotiate and enter into agreements and leases, without regard to
section 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b),
with any person, firm, association, organization, corporation, or
governmental entity for all or part of the property within Fort Baker
administered by the Secretary as part of Golden Gate National Recreation
Area. The proceeds of the agreements or leases shall be retained by the
Secretary and such proceeds shall be available, without future
appropriation, for the preservation, restoration, operation, maintenance
and interpretation and related expenses incurred with respect to Fort
Baker properties.
Sec. 116. A grazing permit or lease that expires (or is transferred)
during fiscal year 2001 shall be renewed under section 402 of the
Federal Land Policy and Management Act of 1976, as amended (43 U.S.C.
1752) or if applicable, section 510 of the California Desert Protection
Act (16 U.S.C. 410aaa-50). The terms and conditions contained in the
expiring permit or lease shall continue in effect under the new permit
or lease until such time as the Secretary of the Interior completes
processing of such permit or lease in compliance with all applicable
laws and regulations, at which time such permit or lease may be
canceled, suspended or modified, in whole or in part, to meet the
requirements of such applicable laws and regulations. Nothing in this
section shall be deemed to alter the Secretary's statutory authority.
Sec. 117. Notwithstanding any other provision of law, for the
purpose of reducing the backlog of Indian probate cases in the
[[Page 114 STAT. 944]]
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. 118. 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 2001.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
Sec. 119. None of the funds in this Act may be used to establish a
new National Wildlife Refuge in the Kankakee River basin that is
inconsistent with the United States Army Corps of Engineers' efforts to
control flooding and siltation in that area. Written certification of
consistency shall be submitted to the House and Senate Committees on
Appropriations prior to refuge establishment.
Sec. 120. <<NOTE: Virginia. Recreation and recreational areas. 16
USC 668dd note.>> The Great Marsh Trail at the Mason Neck National
Wildlife Refuge in Virginia is hereby named for Joseph V. Gartlan, Jr.
and shall hereafter be referred to in any law, document, or records of
the United States as the ``Joseph V. Gartlan, Jr. Great Marsh Trail''.
Sec. 121. Funds appropriated for the Bureau of Indian Affairs for
postsecondary schools for fiscal year 2001 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. 122. (a) Notwithstanding any other provision of law, with
respect to amounts made available for tribal priority allocations in
Alaska, such amounts shall only be provided to tribes the membership of
which on June 1, 2000 is composed of at least 25 individuals who are
Natives (as such term is defined in section 3(b) of the Alaska Native
Claims Settlement Act) who reside in the area generally known as the
village for such tribe.
(b) Amounts that would have been made available for tribal priority
allocations in Alaska but for the limitation contained in subsection (a)
shall be provided to the respective Alaska Native regional nonprofit
corporation (as listed in section 103(a)(2) of Public Law 104-193, 110
Stat. 2159) for the respective region in which a tribe subject to
subsection (a) is located, notwithstanding any resolution authorized
under federal law to the contrary.
Sec. 123. (a) In this section--
(1) the term ``Huron Cemetery'' means the lands that form
the cemetery that is popularly known as the Huron Cemetery,
[[Page 114 STAT. 945]]
located in Kansas City, Kansas, as described in subsection
(b)(3); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(b)(1) The Secretary shall take such action as may be necessary to
ensure that the lands comprising the Huron Cemetery (as described in
paragraph (3)) are used only in accordance with this subsection.
(2) The lands of the Huron Cemetery shall be used only--
(A) for religious and cultural uses that are compatible with
the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery is as
follows:
The tract of land in the NW quarter of sec. 10, T. 11 S., R. 25 E.,
of the sixth principal meridian, in Wyandotte County, Kansas (as
surveyed and marked on the ground on August 15, 1888, by William Millor,
Civil Engineer and Surveyor), described as follows:
``Commencing on the Northwest corner of the Northwest
Quarter of the Northwest Quarter of said Section 10;
``Thence South 28 poles to the `true point of beginning';
``Thence South 71 degrees East 10 poles and 18 links;
``Thence South 18 degrees and 30 minutes West 28 poles;
``Thence West 11 and one-half poles;
``Thence North 19 degrees 15 minutes East 31 poles and 15
feet to the `true point of beginning', containing 2 acres or
more.''.
Sec. 124. None of the Funds provided in this Act shall be available
to the Bureau of Indian Affairs or the Department of the Interior to
transfer land into trust status for the Shoalwater Bay Indian Tribe in
Clark County, Washington, unless and until the tribe and the county
reach a legally enforceable agreement that addresses the financial
impact of new development on the county, school district, fire district,
and other local governments and the impact on zoning and development.
Sec. 125. None of the funds provided in this Act may be used by the
Department of the Interior to implement the provisions of Principle
3(C)ii and Appendix section 3(B)(4) in Secretarial Order 3206, entitled
``American Indian Tribal Rights, Federal-Tribal Trust Responsibilities,
and the Endangered Species Act''.
Sec. 126. 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. 127. 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 104-208, 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. 128. Section 112 of Public Law 103-138 (107 Stat. 1399) is
amended by striking ``permit LP-GLBA005-93'' and inserting
[[Page 114 STAT. 946]]
``permit LP-GLBA005-93 and in connection with a corporate reorganization
plan, the entity that, after the corporate reorganization, holds entry
permit CP-GLBA004-00 each''.
Sec. 129. Notwithstanding any other provision of law, the Secretary
of the Interior shall designate Anchorage, Alaska, as a port of entry
for the purpose of section 9(f)(1) of the Endangered Species Act of 1973
(16 U.S.C. 1538(f)(1)).
Sec. 130. (a) The first section of Public Law 92-501 <<NOTE: 16 USC
431 note.>> (86 Stat. 904) is amended by inserting after the first
sentence ``The park shall also include the land as generally depicted on
the map entitled `subdivision of a portion of U.S. Survey 407, Tract B,
dated May 12, 2000' ''.
(b) Section 3 of Public Law 92-501 <<NOTE: 16 USC 431 note.>> is
amended to read as follows: ``There are authorized to be appropriated
such sums as are necessary to carry out the terms of this Act.''.
Sec. 131. (a) All proceeds, including bonuses, rents, and royalties,
of Oil and Gas Lease sale 991, held by the Bureau of Land Management on
May 5, 1999, or subsequent lease sales in the National Petroleum
Reserve--Alaska (hereafter ``proceeds'') attributable to the area
subject to withdrawal for Kuukpik Corporation's selection under section
22(j)(2) of the Alaska Native Claims Settlement Act, Public Law 92-203
(85 Stat. 688), shall be deposited into a separate fund of the Treasury
(hereafter ``fund'').
(b) <<NOTE: Deadline.>> Within 120 days after the date of enactment
of this Act, the Secretary of the Treasury shall transfer from the
General Fund to the fund an amount determined by the Secretary of the
Treasury, in consultation with the Secretary of the Interior, to be
equal to the amount of interest income that would have been credited in
the fund between May 5, 1999 and the date of enactment of this Act. For
the purposes of this subsection (b), the Secretary of the Treasury shall
calculate the interest income using a yield for a 52-week Treasury bill
issued on or about May 5, 1999.
(c) <<NOTE: Effective date.>> On the date of the enactment of this
Act, the Secretary of the Interior shall request the Secretary of the
Treasury to invest such portion of the fund as is not, in the Secretary
of the Interior's judgment, required to meet current payment
requirements from the fund as determined under subsection (d). Such
investments shall be made by the Secretary of the Treasury in public
debt securities with maturities suitable to the needs of the fund, as
determined by the Secretary of the Interior, and bearing interest at a
rate determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturity.
(d) Hereafter, amounts in the fund shall be available to the
Secretary of the Interior, without fiscal year limitation, and the
Secretary of the Interior shall pay to Arctic Slope Regional Corporation
and the State of Alaska the amount of their entitlement when determined
in accordance with applicable law, together with interest, as calculated
by the Secretary of the Interior, from the date of receipt of the
proceeds by the United States to the date of payment on the
proportionate share of the fund distributed. Any remainder shall revert
to the General Fund of the Treasury.
Sec. 132. <<NOTE: Harvey R. Redmond.>> Notwithstanding any other
provision of law, the Secretary of the Interior shall convey to Harvey
R. Redmond of Girdwood, Alaska, at no cost, all right, title, and
interest of the United States in and to United States Survey No. 12192,
Alaska,
[[Page 114 STAT. 947]]
consisting of 49.96 acres located in the vicinity of T. 9N., R., 3E.,
Seward Meridian, Alaska.
Sec. 133. Clarification of Terms of Conveyance to Nye County,
Nevada. Section 132(b)(3) of the Department of the Interior and Related
Agencies Appropriations Act, 2000 (113 Stat. 1535, 1501A-165), is
amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) Lease.--Notwithstanding any provision of the
Act of June 14, 1926 (commonly known as the `Recreation
and Public Purposes Act') (43 U.S.C. 869 et seq.), the
county may enter into a long-term lease of any of the
parcels described in paragraph (2) with a nonprofit
organization under which the nonprofit organization
would own and operate the Nevada Science and Technology
Center for public, non-commercial purposes.''.
Sec. 134. Mississippi River Island No. 228, Iowa, Land Exchange. (a)
Identification of Land To Be Received in Exchange.--
<<NOTE: Deadline.>> Not later than 180 days after the date of enactment
of this Act, the Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service (referred to in this
section as the ``Secretary''), shall provide Dubuque Barge & Fleeting
Services, Inc. (referred to in this section as ``Dubuque''), a notice
that identifies parcels of land or interests in land--
(1) that are of a value that is approximately equal to the
value of a parcel comprising a 150-foot wide strip of land on
the west side of the northern half of Mississippi River Island
No. 228, as determined through an appraisal conducted in
conformity with the Uniform Appraisal Standards for Federal Land
Acquisition; and
(2) that the Secretary would consider acceptable in exchange
for all right, title, and interest of the United States in and
to that parcel.
(b) Land for Wildlife and Fish Refuge.--Land or interests in land
that the Secretary may consider acceptable for the purposes of
subsection (a) include land or interests in land that would be suitable
for inclusion in the Upper Mississippi River Wildlife and Fish Refuge.
(c) Exchange.-- <<NOTE: Deadline.>> Not later than 180 days after
Dubuque offers land or interests in land identified in the notice under
subsection (a), the Secretary shall convey all right, title, and
interest of the United States in and to the parcel described in
subsection (a) in exchange for the land or interests in land offered by
Dubuque, and shall permanently discontinue barge fleeting at the
Mississippi River island, Tract JO-4, Parcel A, in the W/2 SE/4, Section
30, T.29N., R.2W., Jo Daviess County, Illinois, located between miles
#578 and #579, commonly known as Pearl Island.
Sec. 135. (a) Findings.--The Senate makes the following findings--
(1) in 1990, pursuant to the Indian Self-Determination and
Education Assistance Act (ISDEAA), 25 U.S.C. 450 et seq., a
class action lawsuit was filed by Indian tribal contractors and
tribal consortia against the United States, the Secretary of the
Interior and others seeking money damages, injunctive relief,
and declaratory relief for alleged violations of the
[[Page 114 STAT. 948]]
ISDEAA (Ramah Navajo Chapter v. Lujan, 112 F.3d 1455 (10th Cir.
1997));
(2) the parties negotiated a partial settlement of the claim
totaling $76,200,000, plus applicable interest, which was
approved by the court on May 14, 1999;
(3) the partial settlement was paid by the United States in
September 1999, in the amount of $82,000,000;
(4) the Judgment Fund was established to pay for legal
judgments awarded to plaintiffs who have filed suit against the
United States;
(5) the Contract Disputes Act of 1978 requires that the
Judgment Fund be reimbursed by the responsible agency following
the payment of an award from the Fund; and
(6) the shortfall in contract support payments found by the
Court of Appeals for the 10th Circuit in Ramah resulted
primarily from the non-payment or underpayment of indirect costs
by agencies other than the Bureau of Indian Affairs and the
Indian Health Service.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) repayment of the Judgment Fund for the partial
settlement in Ramah from the accounts of the Bureau of Indian
Affairs and Indian Health Service would significantly reduce
funds appropriated to benefit tribes and individual Native
Americans; and
(2) the Secretary of the Interior should work with the
Director of the Office of Management and Budget to secure
funding for repayment of the judgment in Ramah within the
budgets of the agencies that did not pay indirect costs to
plaintiffs during the period 1988 to 1993 or paid indirect costs
at less than rates provided under the Indian Self-Determination
Act during such period.
Sec. 136. <<NOTE: 16 USC 754d.>> In fiscal year 2001 and thereafter
and notwithstanding any other provision of law, the United States Fish
and Wildlife Service shall establish and implement a fee schedule to
permit a return to the Service for forensic laboratory services provided
to non-Department of the Interior entities. Fees shall be collected as
determined appropriate by the Director of the Fish and Wildlife Service
and shall be credited to this appropriation and be available for
expenditure without further appropriation until expended.
Sec. 137. Boundary Adjustment to Exclude Private Land and Access
Road, Argus Range Wilderness, California Desert Conservation Area. (a)
Boundary Adjustment.--The boundary of the Argus Range Wilderness in the
California Desert Conservation Area, as designated by section 102(a)(1)
of the California Desert Protection Act of 1994 (Public Law 103-433; 16
U.S.C. 1132 note) is adjusted to exclude from the area encompassed by
the wilderness--
(1) a parcel of private property located in the southwest
quarter of the northeast quarter of section 35, township 21
south, range 42 east, Mount Diablo meridian, Inyo County,
California; and
(2) the roadway described in subsection (b) that is used to
access the private property.
(b) Description of Roadway.--The roadway referred to in subsection
(a) means--
[[Page 114 STAT. 949]]
(1) the main stem of the road running east and west through
sections 35 and 36, township 21 south, range 42 east, and
section 31, township 21 south, range 43 east, Mount Diablo
meridian, to the point where the main stem first divides into
two branches to provide access to the parcel of private property
described in subsection (a) from the east and the north; and
(2) each of the two branches of that road, as described in
paragraph (1).
(c) Legal Description of Excluded Area.--The exact acreage and legal
description of the area to be excluded from the wilderness area pursuant
to subsection (a) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the Secretary. In
connection with the main stem of the roadway described in subsection
(b)(1), the Secretary shall exclude, at a minimum, all lands within 30
feet of the center line of the roadway.
Sec. 138. <<NOTE: 16 USC 668dd note.>> (a) Pursuant to the
provisions of section 4(a)(3) of the National Wildlife Refuge System
Administration Act (16 U.S.C. 668dd(a)(3)), the Secretary of the
Interior is directed to remove from the Columbia National Wildlife
Refuge all right, title and interest of the United States in and to the
following described properties:
Lots 1 and 2 of Block 144, in Othello Land Company's First
Addition to Othello according to the recorded plat thereof,
together with all lands presently or formerly occupied by public
thoroughfares or rights of way abutting or adjoining the above
described land, in the County of Adams, State of Washington,
T.16 N., R.29E., W.M.
and to transfer said property without compensation to the City of
Othello, Washington.
(b) The property conveyed under this section shall be used for
public housing or other public purpose, and all right, title and
interest in and to such property shall revert to the United States if it
is used for any other purpose.
(c) The City of Othello shall hold the United States harmless, and
shall indemnify the United States, for all claims, costs, damages, and
judgements arising out of any act or omission relating to the property
conveyed under this section.
Sec. 139. Section 412(b) of the National Parks Omnibus Management
Act of 1998, as amended (16 U.S.C. 5961) is amended by striking ``2000''
and inserting ``2001''.
Sec. 140. Notwithstanding other provisions of law, the National Park
Service 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. 141. <<NOTE: 16 USC 459f-5 note.>> The building housing the
visitors center within the boundaries of the Chincoteague National
Wildlife Refuge on Assateague Island, Virginia, shall be known and
designated as the ``Herbert H. Bateman Educational and Administrative
Center'' and shall hereafter be referred to in any law, map, regulation,
document, paper, or other record of the United States as the ``Herbert
H. Bateman Educational and Administrative Center''.
Sec. 142. 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 2000, may be credited to the
appropriation from which funds were expended to acquire
[[Page 114 STAT. 950]]
or grow the seeds or seedlings and are available without fiscal year
limitation.
Sec. 143. Public Law 105-83 (111 Stat. 1556) is amended as follows:
Under the heading ``Operation of Indian Programs'' in the Bureau of
Indian Affairs strike ``non-Federal'' in the last proviso and insert in
lieu thereof ``non-Department of the Interior''.
Sec. 144. (a) Notwithstanding any other provision of law, and
subject to subsections (b) and (c), all conveyances to the city of
Valley City, a municipal corporation of Barnes County, North Dakota, of
lands described in subsection (b), heretofore or hereafter made directly
by The Burlington Northern and Santa Fe Railway Company or its
successors, are hereby validated to the extent that the conveyances
would be legal and valid if all right, title, and interest of the United
States, except minerals, were held by The Burlington Northern and Santa
Fe Railway Company.
(b) Lands Described.--The lands referred to in subsection (a) are
the land that formed part of the railroad right-of-way granted to the
Northern Pacific Railroad Company, a predecessor to The Burlington
Northern and Santa Fe Railway Company, by an Act of Congress on July 2,
1864, specifically a 400-foot wide right-of-way, being 200 feet wide on
each side of the centerline of the rail track as originally located and
constructed between milepost 69.05 and milepost 61.10 within Barnes
County, North Dakota, as shown and described on the map entitled ``City
of Valley City--Railroad Parcels'' dated September 1, 2000. Such map
shall be placed on file and available for inspection in the offices of
the Director of the Bureau of Land Management.
(c) Access and Mineral Rights.--
(1) Preservation of rights of access.--Nothing in this
section shall impair any rights of access in favor of the public
or any owner of adjacent lands over, under, or across the lands
described in section 2.
(2) Minerals.--The United States reserves any federally
owned mineral rights in the lands described in subsection (b),
except that the United States disclaims any and all right of
surface entry to the mineral estate of such lands.
Sec. 145. <<NOTE: First Ladies National Historic Site Act of
2000. 16 USC 461 note.>> (a) Short Title.--This section may be cited as
the ``First Ladies National Historic Site Act of 2000''.
(b) First Ladies National Historic Site.--
(1) Findings.--The Congress finds the following:
(A) Throughout the history of the United States,
First Ladies have had an important impact on our
Nation's history.
(B) Little attention has been paid to the role of
First Ladies and their impact on our Nation's history.
(C) Establishment of the First Ladies National
Historic Site will provide unique opportunities for
education and study into the impact of First Ladies on
our history.
(2) Purposes.--The purposes of this section are the
following:
(A) To preserve and interpret the role and history
of First Ladies for the benefit, inspiration, and
education of the people of the United States.
(B) To interpret the impact of First Ladies on the
history of the United States.
(C) To provide to school children and scholars
access to information about the contributions of First
Ladies
[[Page 114 STAT. 951]]
through both a physical educational facility and an
electronic virtual library.
(D) To establish the First Ladies National Historic
Site in Canton, Ohio, the home of First Lady Ida Saxton
McKinley.
(E) To create a public-private partnership between
the National Park Service and the National First Ladies
Library.
(3) Establishment of first ladies national historic site.--
(A) Establishment.--There is established in Canton,
Ohio, the First Ladies National Historic Site.
(B) Description.--The historic site shall consist
of--
(i) the land and improvements comprising the
National Park Service property located at 331
Market Avenue South in Canton, Ohio, known as the
Ida Saxton McKinley House; and
(ii) if acquired under subsection (b)(4),
National Park Service property located at 205
Market Avenue South in Canton, Ohio, known as the
City National Bank Building.
(4) Acquisition of city national bank building.--The
Secretary may acquire by donation, for inclusion in the historic
site, the property located at 205 Market Avenue South in Canton,
Ohio, known as the City National Bank Building.
(5) Administration of the historic site.--
(A) In general.--The Secretary shall administer the
historic site in accordance with this section and the
provisions of law generally applicable to units of the
National Park System, including the Act entitled ``An
Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (16 U.S.C. 1 et
seq.), and the Act of August 21, 1935 (49 Stat. 666,
chapter 593; 16 U.S.C. 461 et seq.).
(B) Cooperative agreements.--
(i) To further the purposes of this section,
the Secretary may enter into a cooperative
agreement with the National First Ladies Library
(a nonprofit corporation established under the
laws of the District of Columbia) under which the
National First Ladies Library may operate and
maintain the site.
(ii) To further the purposes of this section,
the Secretary may enter into cooperative
agreements with other public and private
organizations.
(C) Assistance.--The Secretary may provide to the
National First Ladies Library--
(i) technical assistance for the preservation
of historic structures of, the maintenance of the
cultural landscape of, and local preservation
planning for, the historic site; and
(ii) subject to the availability of
appropriations, financial assistance for the
operation and maintenance of the historic site.
(D) Admission fees.--The Secretary may authorize the
National First Ladies Library to--
(i) charge fees for admission to the historic
site; and
[[Page 114 STAT. 952]]
(ii) retain and use for the historic site
amounts paid as such fees.
(E) Management of property.--The Secretary may
authorize the National First Ladies Library--
(i) to manage any property within the historic
site;
(ii) to lease to other public or private
entities any property managed under subparagraph
(i) by the National First Ladies Library; and
(iii) to retain and use for the historic site
amounts received under such leases.
(6) General management plan.--
(A) In general.-- <<NOTE: Deadline.>> Not later than
the last day of the third full fiscal year beginning
after the date of enactment of this Act, the Secretary
shall, in consultation with the officials described in
paragraph (B), prepare a general management plan for the
historic site.
(B) Consultation.--In preparing the general
management plan, the Secretary shall consult with an
appropriate official of--
(i) the National First Ladies Library; and
(ii) appropriate political subdivisions of the
State of Ohio that have jurisdiction over the area
where the historic site is located.
(C) Submission of plan to congress.--Upon the
completion of the general management plan, the Secretary
shall submit a copy of the plan to the Committee on
Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives.
(7) Definitions.--In this section:
(A) Historic site.--The term ``historic site'' means
the First Ladies National Historic Site established by
subsection (b)(3).
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
Sec. 146. (a) Contributions Toward Establishment of Abraham Lincoln
Interpretive Center.--
(1) Grants authorized.--Subject to subsections (a)(2) and
(a)(3), the Secretary of the Interior shall make grants to
contribute funds for the establishment in Springfield, Illinois,
of an interpretive center to preserve and make available to the
public materials related to the life of President Abraham
Lincoln and to provide interpretive and educational services
which communicate the meaning of the life of Abraham Lincoln.
(2) Plan and design.--
(A) Submission.-- <<NOTE: Deadline.>> Not later than
18 months after the date of the enactment of this Act,
the entity selected by the Secretary of the Interior to
receive grants under subsection (a)(1) shall submit to
the Secretary a plan and design for the interpretive
center, including a description of the following:
(i) The design of the facility and site.
(ii) The method of acquisition.
(iii) The estimated cost of acquisition,
construction, operation, and maintenance.
[[Page 114 STAT. 953]]
(iv) The manner and extent to which non-
Federal entities will participate in the
acquisition, construction, operation, and
maintenance of the center.
(B) Consultation and cooperation.--The plan and
design for the interpretive center shall be prepared in
consultation with the Secretary of the Interior and the
Governor of Illinois and in cooperation with such other
public, municipal, and private entities as the Secretary
considers appropriate.
(3) Conditions on grant.--
(A) Matching requirement.--A grant under subsection
(a)(1) may not be made until such time as the entity
selected to receive the grant certifies to the Secretary
of the Interior that funds have been contributed by the
State of Illinois or raised from non-Federal sources for
use to establish the interpretive center in an amount
equal to at least double the amount of that grant.
(B) Relation to other lincoln-related sites and
museums.--The Secretary of the Interior shall further
condition the grant under subsection (a)(1) on the
agreement of the grant recipient to operate the
resulting interpretive center in cooperation with other
Federal and non-Federal historic sites, parks, and
museums that represent significant locations or events
in the life of Abraham Lincoln. Cooperative efforts to
promote and interpret the life of Abraham Lincoln may
include the use of cooperative agreements, cross
references, cross promotion, and shared exhibits.
(4) Prohibition on contribution of operating funds.--Grant
amounts may not be used for the maintenance or operation of the
interpretive center.
(5) Non-federal operation.--The Secretary of the Interior
shall have no involvement in the actual operation of the
interpretive center, except at the request of the non-Federal
entity responsible for the operation of the center.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior a total of $50,000,000 to
make grants under subsection (a)(1). Amounts so appropriated shall
remain available for expenditure through fiscal year 2006.
Sec. 147. <<NOTE: Palace of the Governors Annex Act.>> (a) Short
Title.--This section may be cited as the ``Palace of the Governors Annex
Act''.
(b) Construction of Palace of the Governors Annex, Santa Fe, New
Mexico.--
(1) Findings.--Congress finds that--
(A) the United States has a rich legacy of Hispanic
influence in politics, government, economic development,
and cultural expression;
(B) the Palace of the Governors--
(i) has been the center of administrative and
cultural activity over a vast region of the
Southwest since its construction as New Mexico's
second capitol in Santa Fe by Governor Pedro de
Peralta in 1610;
(ii) is the oldest continuously occupied
public building in the continental United States,
having been occupied for 390 years; and
[[Page 114 STAT. 954]]
(iii) has been designated as a National
Historic Landmark;
(C) since its creation, the Museum of New Mexico has
worked to protect and promote Southwestern, Hispanic,
and Native American arts and crafts;
(D) the Palace of the Governors houses the history
division of the Museum of New Mexico;
(E) the Museum has an extensive, priceless, and
irreplaceable collection of--
(i) Spanish Colonial paintings (including the
Segesser Hide Paintings, paintings on buffalo hide
dating back to 1706);
(ii) pre-Columbian Art; and
(iii) historic artifacts, including--
(I) helmets and armor worn by the
Don Juan de Onate expedition
conquistadors who established the first
capital in the territory that is now the
United States, San Juan de los
Caballeros, in July 1598;
(II) the Vara Stick used to measure
land grants and other real property
boundaries in Dona Ana County, New
Mexico;
(III) the Columbus, New Mexico
Railway Station clock that was shot,
stopping the pendulum, freezing for all
history the moment when Pancho Villa's
raid began;
(IV) the field desk of Brigadier
General Stephen Watts Kearny, who was
posted to New Mexico during the Mexican
War and whose Army of the West traveled
the Santa Fe trail to occupy the
territories of New Mexico and
California; and
(V) more than 800,000 other historic
photographs, guns, costumes, maps,
books, and handicrafts;
(F) the Palace of the Governors and its contents are
included in the Mary C. Skaggs Centennial Collection of
America's Treasures;
(G) the Palace of the Governors and the Segesser
Hide paintings have been declared national treasures by
the National Trust for Historic Preservation; and
(H) time is of the essence in the construction of an
annex to the Palace of the Governors for the exhibition
and storing of the collection described in paragraph
(E), because--
(i) the existing facilities for exhibiting and
storing the collection are so inadequate and
unsuitable that existence of the collection is
endangered and its preservation is in jeopardy;
and
(ii) 2010 marks the 400th anniversary of the
continuous occupation and use of the Palace of the
Governors and is an appropriate date for ensuring
the continued viability of the collection.
(2) Definitions.--In this section:
(A) Annex.--The term ``Annex'' means the annex for
the Palace of the Governors of the Museum of New Mexico,
to be constructed behind the Palace of the Governors
building at 110 Lincoln Avenue, Santa Fe, New Mexico.
[[Page 114 STAT. 955]]
(B) Office.--The term ``Office'' means the State
Office of Cultural Affairs.
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(D) State.--The term ``State'' means the State of
New Mexico.
(3) Grant.--
(A) In general.--Subject to the availability of
appropriations, the Secretary shall make a grant to the
Office to pay 50 percent of the costs of the final
design, construction, management, inspection,
furnishing, and equipping of the Annex.
(B) Requirements.--Subject to the availability of
appropriations, to receive a grant under this paragraph
(A), the Office shall--
(i) submit to the Secretary a copy of the
architectural blueprints for the Annex; and
(ii) enter into a memorandum of understanding
with the Secretary under subsection ((b)(4).
(4) Memorandum of understanding.--At the request of the
Office, the Secretary shall enter into a memorandum of
understanding with the Office that--
(A) requires that the Office award the contract for
construction of the Annex after a competitive bidding
process and in accordance with the New Mexico
Procurement Code; and
(B) specifies a date for completion of the Annex.
(5) Non-federal share.--The non-Federal share of the costs
of the final design, construction, management, inspection,
furnishing, and equipping of the Annex--
(A) may be in cash or in kind fairly evaluated,
including land, art and artifact collections, plant,
equipment, or services; and
(B) shall include any contribution received by the
State (including contributions from the New Mexico
Foundation and other endowment funds) for, and any
expenditure made by the State for, the Palace of the
Governors or the Annex, including--
(i) design;
(ii) land acquisition (including the land at
110 Lincoln Avenue, Santa Fe, New Mexico);
(iii) acquisitions for and renovation of the
library;
(iv) conservation of the Palace of the
Governors;
(v) construction, management, inspection,
furnishing, and equipping of the Annex; and
(vi) donations of art collections and
artifacts to the Museum of New Mexico on or after
the date of enactment of this section.
(6) Use of funds.--The funds received under a grant awarded
under subsection (b)(3) shall be used only for the final design,
construction, management, inspection, furnishing and equipment
of the Annex.
(7) Authorization of appropriations.--
(A) In general.--Subject to paragraph (B), subject
to the availability of appropriations, there is
authorized to be appropriated to the Secretary to carry
out this section $15,000,000, to remain available until
expended.
[[Page 114 STAT. 956]]
(B) Condition.--Paragraph (A) authorizes sums to be
appropriated on the condition that--
(i) after the date of enactment of this
section and before January 1, 2010, the State
appropriate at least $8,000,000 to pay the costs
of the final design, construction, management,
inspection, furnishing, and equipping of the
Annex; and
(ii) other non-Federal sources provide
sufficient funds to pay the remainder of the 50
percent non-Federal share of those costs.
Sec. 148. (a) Section 104 of the Act entitled ``An Act to establish
in the Department of the Interior the Southwestern Pennsylvania Heritage
Preservation Commission, and for other purposes'', approved November 19,
1988 <<NOTE: 16 USC 461 note.>> (Public Law 100-698) is amended--
(1) in the flush material at the end of subsection (a), by
striking ``10 years'' and inserting ``20 years''; and
(2) in subsection (e), by striking ``10 years'' and
inserting ``20 years''.
(b) Authorization of Appropriations.--Section 105 of the Act
entitled ``An Act to establish in the Department of the Interior the
Southwestern Pennsylvania Heritage Preservation Commission, and for
other purposes'', approved November 19, 1988 (Public Law 100-698)
is <<NOTE: 16 USC 461 note.>> amended by inserting ``for each of fiscal
years 2001 through 2010'' after ``$3,000,000''.
(c) Effective Date.--The <<NOTE: 16 USC 461 note.>> amendment made
by section 1 shall be deemed to have taken effect on November 18, 1998.
Sec. 149. Redesignation of Cuyahoga Valley National Recreation Area
as Cuyahoga Valley National Park. <<NOTE: 16 USC 460ff note.>> (a)
Redesignation.--The Cuyahoga Valley National Recreation Area is
redesignated as Cuyahoga Valley National Park.
(b) References.-- <<NOTE: 16 USC 460ff note.>> Any reference in a
law, map, regulation, document, paper, or other record of the United
States to the Cuyahoga Valley National Recreation Area is deemed to be a
reference to Cuyahoga Valley National Park.
(c) Conforming Amendments.--The Act entitled ``An Act to provide for
the establishment of the Cuyahoga Valley National Recreation Area''
(Public Law 93-555; 16 U.S.C. 460ff et seq.), approved December 27,
1974, is amended--
(1) <<NOTE: 16 USC 460ff.>> in section 1 by striking
``National Recreation Area'' and inserting ``National Park'';
and
(2) by striking ``recreation area'' each place it appears
and inserting ``park''.
(d) Clerical Amendments.--Section 5 of such Act (16 U.S.C. 460ff-4)
is repealed, and section 6 of such Act (16 U.S.C. 460ff-5) is
redesignated as section 5.
Sec. 150. <<NOTE: National Underground Railroad Freedom Center
Act. 16 USC 461 note.>> (a) Short Title.--This section may be cited as
the ``National Underground Railroad Freedom Center Act''.
(b) <<NOTE: 16 USC 469l-2 note.>> Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) the National Underground Railroad Freedom Center
(hereinafter ``Freedom Center'') is a nonprofit
organization incorporated under the laws of the State of
Ohio in 1995;
(B) the objectives of the Freedom Center are to
interpret the history of the Underground Railroad
through development of a national cultural institution
in Cincinnati, Ohio, that will house an interpretive
center, including
[[Page 114 STAT. 957]]
museum, educational, and research facilities, all
dedicated to communicating to the public the importance
of the quest for human freedom which provided the
foundation for the historic and inspiring story of the
Underground Railroad;
(C) the city of Cincinnati has granted exclusive
development rights for a prime riverfront location to
the Freedom Center;
(D) the Freedom Center will be a national center
linked through state-of-the-art technology to
Underground Railroad sites and facilities throughout the
United States and to a constituency that reaches across
the United States, Canada, Mexico, the Caribbean and
beyond; and
(E) the Freedom Center has reached an agreement with
the National Park Service to pursue a range of
historical and educational cooperative activities
related to the Underground Railroad, including but not
limited to assisting the National Park Service in the
implementation of the National Underground Railroad
Network to Freedom Act.
(2) Purposes.--The purposes of this section are--
(A) to promote preservation and public awareness of
the history of the Underground Railroad;
(B) to assist the Freedom Center in the development
of its programs and facilities in Cincinnati, Ohio; and
(C) to assist the National Park Service in the
implementation of the National Underground Railroad
Network to Freedom Act (112 Stat. 679; 16 U.S.C. 469l
and following).
(c) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Project budget.--The term ``project budget'' means the
total amount of funds expended by the Freedom Center on
construction of its facility, development of its programs and
exhibits, research, collection of informative and educational
activities related to the history of the Underground Railroad,
and any administrative activities necessary to the operation of
the Freedom Center, prior to the opening of the Freedom Center
facility in Cincinnati, Ohio.
(3) Federal share.--The term ``Federal share'' means an
amount not to exceed 20 percent of the project budget and shall
include all amounts received from the Federal Government under
this legislation and any other Federal programs.
(4) Non-federal share.--The term ``non-Federal share'' means
all amounts obtained by the Freedom Center for the
implementation of its facilities and programs from any source
other than the Federal Government, and shall not be less than 80
percent of the project budget.
(5) The freedom center facility.--The term ``the Freedom
Center facility'' means the facility, including the building and
surrounding site, which will house the museum and research
institute to be constructed and developed in Cincinnati, Ohio,
on the site described in subsection (d)(3).
(d) Authorization of Appropriations.--
(1) Program authorized.--From sums appropriated pursuant to
the authority of subsection (d)(4) in any fiscal
[[Page 114 STAT. 958]]
year, the Secretary is authorized and directed to provide
financial assistance to the Freedom Center, in order to pay the
Federal share of the cost of authorized activities described in
subsection (e).
(2) Expenditure on non-federal property.--The Secretary is
authorized to expend appropriated funds under subsection (d)(1)
of this section to assist in the construction of the Freedom
Center facility and the development of programs and exhibits for
that facility which will be funded primarily through private and
non-Federal funds, on property owned by the city of Cincinnati,
Hamilton County, and the State of Ohio.
(3) Description of the freedom center facility site.--The
facility referred to in subsections (d)(1) and (d)(2) will be
located on a site described as follows: a 2-block area south of
new South Second, west of Walnut Street, north of relocated
Theodore M. Berry Way, and east of Vine Street in Cincinnati,
Ohio.
(4) Authorization of appropriations.--There are authorized
to be appropriated $16,000,000 for the 4 fiscal year period
beginning October 1, 1999. Funds not to exceed that total amount
may be appropriated in 1 or more of such fiscal years. Funds
shall not be disbursed until the Freedom Center has commitments
for a minimum of 50 percent of the non-Federal share.
(5) Availability of funds.--Notwithstanding any other
provision of law, funds appropriated to carry out the provisions
of this section shall remain available for obligation and
expenditure until the end of the fiscal year succeeding the
fiscal year for which the funds were appropriated.
(6) Other provisions.--Any grant made under this section
shall provide that--
(A) no change or alteration may be made in the
Freedom Center facility except with the agreement of the
property owner and the Secretary;
(B) the Secretary shall have the right of access at
reasonable times to the public portions of the Freedom
Center facility for interpretive and other purposes; and
(C) conversion, use, or disposal of the Freedom
Center facility for purposes contrary to the purposes of
this section, as determined by the Secretary, shall
result in a right of the United States to compensation
equal to the greater of--
(i) all Federal funds made available to the
grantee under this section; or
(ii) the proportion of the increased value of
the Freedom Center facility attributable to such
funds, as determined at the time of such
conversion, use, or disposal.
(e) Authorized Activities.--
(1) In general.--The Freedom Center may engage in any
activity related to its objectives addressed in subsection
(b)(1), including, but not limited to, construction of the
Freedom Center facility, development of programs and exhibits
related to the history of the Underground Railroad, research,
collection of information and artifacts and educational
activities related
[[Page 114 STAT. 959]]
to the history of the Underground Railroad, and any
administrative activities necessary to the operation of the
Freedom Center.
(2) Priorities.--The Freedom Center shall give priority to--
(A) construction of the Freedom Center facility;
(B) development of programs and exhibits to be
presented in or from the Freedom Center facility; and
(C) providing assistance to the National Park
Service in the implementation of the National
Underground Railroad Network to Freedom Act (16 U.S.C.
469l).
(f) Application.--
(1) In General.--The Freedom Center shall submit an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary
may reasonably require. Each application shall--
(A) describe the activities for which assistance is
sought;
(B) provide assurances that the non-Federal share of
the cost of activities of the Freedom Center shall be
paid from non-Federal sources, together with an
accounting of costs expended by the Freedom Center to
date, a budget of costs to be incurred prior to the
opening of the Freedom Center facility, an accounting of
funds raised to date, both Federal and non-Federal, and
a projection of funds to be raised through the
completion of the Freedom Center facility.
(2) Approval.--The Secretary shall approve the application
submitted pursuant to subsection (f)(1) unless such application
fails to comply with the provisions of this section.
(g) Reports.-- <<NOTE: Deadline.>> The Freedom Center shall submit
an annual report to the appropriate committees of the Congress not later
than January 31, 2000, and each succeeding year thereafter for any
fiscal year in which Federal funds are expended pursuant to this
section. The report shall--
(1) include a financial statement addressing the Freedom
Center's costs incurred to date and projected costs, and funds
raised to date and projected fundraising goals;
(2) include a comprehensive and detailed description of the
Freedom Center's activities for the preceding and succeeding
fiscal years; and
(3) include a description of the activities taken to assure
compliance with this section.
(h) Amendment to the National Underground Railroad Network to
Freedom Act of 1998.--The National Underground Railroad Network to
Freedom Act of 1998 (112 Stat. 679; 16 U.S.C. 469l and following) is
amended by adding at the end the following:
``SEC. 4. PRESERVATION OF HISTORIC SITES OR STRUCTURES.
``(a) Authority to Make Grants.--The Secretary of the Interior may
make grants in accordance with this section for the preservation and
restoration of historic buildings or structures associated with the
Underground Railroad, and for related research and documentation to
sites, programs, or facilities that have been included in the national
network.
``(b) Grant Conditions.--Any grant made under this section shall
provide that--
[[Page 114 STAT. 960]]
``(1) no change or alteration may be made in property for
which the grant is used except with the agreement of the
property owner and the Secretary;
``(2) the Secretary shall have the right of access at
reasonable times to the public portions of such property for
interpretive and other purposes; and
``(3) conversion, use, or disposal of such property for
purposes contrary to the purposes of this Act, as determined by
the Secretary, shall result in a right of the United States to
compensation equal to all Federal funds made available to the
grantee under this Act.
``(c) Matching Requirement.--The Secretary may obligate funds made
available for a grant under this section only if the grantee agrees to
match, from funds derived from non-Federal sources, the amount of the
grant with an amount that is equal to or greater than the grant. The
Secretary may waive the requirement of the preceding sentence with
respect to a grant if the Secretary determines that an extreme emergency
exists or that such a waiver is in the public interest to assure the
preservation of historically significant resources.
``(d) Funding.--There are authorized to be appropriated to the
Secretary for purposes of this section $2,500,000 for fiscal year 2001
and each subsequent fiscal year. Amounts authorized but not appropriated
in a fiscal year shall be available for appropriation in subsequent
fiscal years.''.
Sec. 151. Priority Abandoned Mine and Acid Mine Remediation. For
expenses necessary to reclaim abandoned coal mine sites and for acid
mine drainage remediation caused by past coal mining practices in the
anthracite region of Pennsylvania and other purposes consistent with
title IV of the Surface Mining Control and Reclamation Act of 1977,
Public Law 95-87, as amended, to be granted to the Commonwealth of
Pennsylvania in addition to the amount granted under sections 402(g)(1)
and 402(g)(5) of the Surface Mining Control and Reclamation Act,
$12,600,000, to be derived from funds pursuant to section 402(g)(2) of
the Surface Mining Control and Reclamation Act, to remain available
until expended: Provided, That of these funds, $600,000 will be
specifically used to continue a demonstration project funded in Public
Law 106-113, in accordance with section 401(c)(6) of the Act to
determine the efficacy of improving water quality by removing metals
from eligible waters polluted by acid mine drainage.
Sec. 152. Notwithstanding any other provision of law, from the
unobligated balances derived from the Land and Water Conservation Fund
appropriated in fiscal year 2000 for acquisition of land at Nisqually
National Wildlife Refuge (Black River), $850,000, together with other
sums as may become available, is for the Nisqually Indian Tribe to
acquire the fee title to the Kenneth W. Braget farm under the terms and
conditions of the existing Purchase and Sale Agreement. The Nisqually
Indian Tribe shall enter into a 25 year cooperative agreement/renewable
lease with the U.S. Fish and Wildlife Service to manage those lands
within the approved refuge boundary as part of the Nisqually National
Wildlife Refuge. Such lands within the approved refuge boundary shall be
managed in perpetuity for refuge purposes.
Sec. 153. Tribal School Construction Demonstration Program. (a)
Definitions.--In this section:
[[Page 114 STAT. 961]]
(1) Construction.--The term ``construction'', with respect
to a tribally controlled school, includes the construction or
renovation of that school.
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
(3) Secretary.--The term ``secretary'' means the Secretary
of the Interior.
(4) Tribally controlled school.--The term ``tribally
controlled school'' has the meaning given that term in section
5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C.
2511).
(5) Department.--The term ``Department'' means the
Department of the Interior.
(6) Demonstration program.--The term ``demonstration
program'' means the Tribal School Construction Demonstration
Program.
(b) In General.--The Secretary shall carry out a demonstration
program to provide grants to Indian tribes for the construction of
tribally controlled schools.
(1) In general.--Subject to the availability of
appropriations, in carrying out the demonstration program under
subsection (b), the Secretary shall award a grant to each Indian
tribe that submits an application that is approved by the
Secretary under paragraph (2). The Secretary shall ensure that
an eligible Indian tribe currently on the Department's priority
list for constructing of replacement educational facilities
receives the highest priority for a grant under this section.
(2) Grant applications.--An application for a grant under
the section shall--
(A) include a proposal for the construction of a
tribally controlled school of the Indian tribe that
submits the application; and
(B) be in such form as the Secretary determines
appropriate.
(3) Grant agreement.--As a condition to receiving a grant
under this section, the Indian tribe shall enter into an
agreement with the Secretary that specifies--
(A) the costs of construction under the grant;
(B) that the Indian tribe shall be required to
contribute towards the cost of the construction a tribal
share equal to 50 percent of the costs; and
(C) any other term or condition that the Secretary
determines to be appropriate.
(4) Eligibility.--Grants awarded under the demonstration
program shall only be for construction on replacement tribally
controlled schools.
(c) Effect of Grant.--A grant received under this section shall be
in addition to any other funds received by an Indian tribe under any
other provision of law. The receipt of a grant under this section shall
not affect the eligibility of an Indian tribe receiving funding, or the
amount of funding received by the Indian tribe, under the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
Sec. 154. White River Oil Shale Mine, Utah. (a) Sale.--The
Administrator of General Services (referred to in this section
[[Page 114 STAT. 962]]
as the ``Administrator'') shall sell all right, title, and interest of
the United States in and to the improvements and equipment described in
subsection (b) that are situated on the land described in subsection (c)
(referred to in this section as the ``Mine'').
(b) Description of Improvements and equipment.-- The improvements
and equipment referred to in subsection (a) are the following
improvements and equipment associated with the Mine:
(1) Mine Service Building.
(2) Sewage Treatment Building.
(3) Electrical Switchgear Building.
(4) Water Treatment Building/Plant.
(5) Ventilation/Fan Building.
(6) Water Storage Tanks.
(7) Mine Hoist Cage and Headframe.
(8) Miscellaneous Mine-related equipment.
(c) Description of Land.--The land referred to in subsection (a) is
the land located in Uintah County, Utah, known as the ``White River Oil
Shale Mine'' and described as follows:
(1) T. 10 S., R 24 E., Salt Lake Meridian, sections 12
through 14, 19 through 30, 33, and 34.
(2) T. 10 S., R. 25 E., Salt Lake Meridian, sections 18 and
19.
(d) Use of Proceeds.--The proceeds of the sale under subsection
(a)--
(1) shall be deposited in a special account in the Treasury
of the United States; and
(2) shall be available until expended, without further Act
of appropriation--
(A) first, to reimburse the Administrator for the
direct costs of the sale; and
(B) second, to reimburse the Bureau of Land
Management Utah State Office for the costs of closing
and rehabilitating the Mine.
(e) Mine Closure and Rehabilitation.--The closing and rehabilitation
of the Mine (including closing of the mine shafts, site grading, and
surface revegetation) shall be conducted in accordance with--
(1) the regulatory requirements of the State of Utah, the
Mine Safety and Health Administration, and the Occupational
Safety and Health Administration; and
(2) other applicable law.
Sec. 155. Blue Ridge Parkway. (a) The Blue Ridge Parkway
headquarters building located at 199 Hemphill Knob in Asheville, North
Carolina, shall be known and designated as the ``Gary E. Everhardt
Headquarters Building''.
(b) Any reference in a law, map, regulation, document, paper, or
other record of the United States to the headquarters building referred
to in subsection (a) shall be deemed to be a reference to the ``Gary E.
Everhardt Headquarters Building''.
Sec. 156. None of the funds in this Act or any other Act shall be
used, by the Secretary of the Interior to promulgate final rules to
revise 43 C.F.R. subpart 3809, except that the Secretary, following the
public comment period required by section 3002 of Public Law 106-31, may
issue final rules to amend 43 C.F.R. subpart 3809 which are not
inconsistent with the recommendations contained in the National Research
Council report entitled ``Hardrock Mining on Federal Lands'' so long as
these regulations
[[Page 114 STAT. 963]]
are also not inconsistent with existing statutory authorities. Nothing
in this section shall be construed to expand the existing statutory
authority of the Secretary.
Sec. 157. <<NOTE: Wheeling National Heritage Area Act of 2000. 16
USC 461 note.>> (a) Short Title.--This section may be cited as the
``Wheeling National Heritage Area Act of 2000''.
(b) Findings and Purposes.--
(1) Findings.--The Congress finds that--
(A) the area in an around Wheeling, West Virginia,
possesses important historical, cultural, and natural
resources, representing major heritage themes of
transportation, commerce and industry, and Victorian
culture in the United States;
(B) the City of Wheeling has played an important
part in the settlement of this country by serving as--
(i) the western terminus of the National Road
of the early 1800's;
(ii) the ``Crossroads of America'' throughout
the nineteenth century;
(iii) one of the few major inland ports in the
nineteenth century; and
(iv) the site for the establishment of the
Restored State of Virginia, and later the State of
West Virginia, during the Civil War and as the
first capital of the new State of West Virginia;
(C) the City of Wheeling has also played an
important role in the industrial and commercial heritage
of the United States, through the development and
maintenance of many industries crucial to the Nation's
expansion, including iron and steel, textile
manufacturing, boat building, glass manufacturing, and
stogie and chewing tobacco manufacturing facilities,
many of which are industries that continue to play an
important role in the national economy;
(D) the city of Wheeling has retained its national
heritage themes with the designations of the old custom
house (now Independence Hall) and the historic
suspension bridge as National Historic Landmarks; with
five historic districts; and many individual properties
in the Wheeling area listed or eligible for nomination
to the National Register of Historic Places;
(E) the heritage themes and number and diversity of
Wheeling's remaining resources should be appropriately
retained, enhanced, and interpreted for the education,
benefit, and inspiration of the people of the United
States; and
(F) in 1992 a comprehensive plan for the development
and administration of the Wheeling National Heritage
Area was completed for the National Park Service, the
City of Wheeling, and the Wheeling National Task Force,
including--
(i) an inventory of the national and cultural
resources in the City of Wheeling;
(ii) criteria for preserving and interpreting
significant natural and historic resources;
(iii) a strategy for the conservation,
preservation, and reuse of the historical and
cultural resources in the City of Wheeling and the
surrounding region; and
[[Page 114 STAT. 964]]
(iv) an implementation agenda by which the
State of West Virginia and local governments can
coordinate their resources as well as a complete
description of the management entity responsible
for implementing the comprehensive plan.
(2) Purposes.--The purposes of this section are--
(A) to recognize the special importance of the
history and development of the Wheeling area in the
cultural heritage of the Nation;
(B) to provide a framework to assist the City of
Wheeling and other public and private entities and
individuals in the appropriate preservation,
enhancement, and interpretation of significant resources
in the Wheeling area emblematic of Wheeling's
contributions to the Nation's cultural heritage;
(C) to allow for limited Federal, State and local
capital contributions for planning and infrastructure
investments to complete the Wheeling National Heritage
Area, in partnership with the State of West Virginia,
the City of Wheeling, and other appropriate public and
private entities; and
(D) to provide for an economically self-sustaining
National Heritage Area not dependent on Federal
financial assistance beyond the initial years necessary
to establish the heritage area.
(c) Definitions.--As used in this section--
(1) the term ``city'' means the City of Wheeling;
(2) the term ``heritage area'' means the Wheeling National
Heritage Area established in subsection (d);
(3) the term ``plan'' means the ``Plan for the Wheeling
National Heritage Area'' dated August, 1992;
(4) the term ``Secretary'' means the Secretary of the
Interior; and
(5) the term ``State'' means the State of West Virginia.
(d) Wheeling National Heritage Area.--
(1) Establishment.--In furtherance of the purposes of this
section, there is established in the State of West Virginia the
Wheeling National Heritage Area, as generally depicted on the
map entitled ``Boundary Map, Wheeling National Heritage Area,
Wheeling, West Virginia'' and dated March, 1994. The map shall
be on file and available for public inspection in the
appropriate offices of the National Park Service.
(2) Management entity.--
(A) The management entity for the heritage area
shall be the Wheeling National Heritage Corporation, a
non-profit corporation chartered in the State of West
Virginia.
(B) To the extent consistent with this section, the
management entity shall manage the heritage area in
accordance with the plan.
(e) Duties of the Management Entity.--
(1) Mission.--
(A) The primary mission of the management entity
shall be--
(i) to implement and coordinate the
recommendations contained in the plan;
(ii) ensure integrated operation of the
heritage area; and
[[Page 114 STAT. 965]]
(iii) conserve and interpret the historic and
cultural resources of the heritage area.
(B) The management entity shall also direct and
coordinate the diverse conservation, development,
programming, educational, and interpretive activities
within the heritage area.
(2) Recognition of plan.--The management entity shall work
with the State of West Virginia and local governments to ensure
that the plan is formally adopted by the City and recognized by
the State.
(3) Implementation.--To the extent practicable, the
management entity shall--
(A) implement the recommendations contained in the
plan in a timely manner pursuant to the schedule
identified in the plan;
(B) coordinate its activities with the City, the
State, and the Secretary;
(C) ensure the conservation and interpretation of
the heritage area's historical, cultural, and natural
resources, including--
(i) assisting the City and the State in the
preservation of sites, buildings, and objects
within the heritage area which are listed or
eligible for listing on the National Register of
Historic Places;
(ii) assisting the City, the State, or a
nonprofit organization in the restoration of any
historic building in the heritage area;
(iii) increasing public awareness of and
appreciation for the natural, cultural, and
historic resources of the heritage area;
(iv) assisting the State or City in designing,
establishing, and maintaining appropriate
interpretive facilities and exhibits in the
heritage area;
(v) assisting in the enhancement of public
awareness and appreciation for the historical,
archaeological, and geologic resources and sites
in the heritage area; and
(vi) encouraging the City and other local
governments to adopt land use policies consistent
with the goals of the plan, and to take actions to
implement those policies;
(D) encourage intergovernmental cooperation in the
achievement of these objectives;
(E) develop recommendations for design standards
within the heritage area; and
(F) seek to create public-private partnerships to
finance projects and initiatives within the heritage
area.
(4) Authorities.--The management entity may, for the
purposes of implementing the plan, use Federal funds made
available by this section to--
(A) make grants to the State, City, or other
appropriate public or private organizations, entities,
or persons;
(B) enter into cooperative agreements with, or
provide technical assistance to Federal agencies, the
State, City or other appropriate public or private
organizations, entities, or persons;
[[Page 114 STAT. 966]]
(C) hire and compensate such staff as the management
entity deems necessary;
(D) obtain money from any source under any program
or law requiring the recipient of such money to make a
contribution in order to receive such money;
(E) spend funds on promotion and marketing
consistent with the resources and associated values of
the heritage area in order to promote increased
visitation; and
(F) contract for goods and services.
(5) Acquisition of real property.--
(A) Except as provided in paragraph (B), the
management entity may not acquire any real property or
interest therein within the heritage area, other than
the leasing of facilities.
(B)(i) Subject to subparagraph (ii), the management
entity may acquire real property, or an interest
therein, within the heritage area by gift or devise, or
by purchase from a willing seller with money which was
donated, bequeathed, appropriated, or otherwise made
available to the management entity on the condition that
such money be used to purchase real property, or
interest therein, within the heritage area.
(ii) Any real property or interest therein acquired
by the management entity pursuant to this paragraph
shall be conveyed in perpetuity by the management entity
to an appropriate public or private entity, as
determined by the management entity. Any such conveyance
shall be made as soon as practicable after acquisition,
without consideration, and on the condition that the
real property or interest therein so conveyed shall be
used for public purposes.
(6) Revision of plan.--Within 18 months after the date of
enactment, the management entity shall submit to the Secretary a
revised plan. Such revision shall include, but not be limited
to--
(A) a review of the implementation agenda for the
heritage area;
(B) projected capital costs; and
(C) plans for partnership initiatives and expansion
of community support.
(f) Duties of the Secretary.--
(1) Interpretive support.--The Secretary may, upon request
of the management entity, provide appropriate interpretive,
planning, educational, staffing, exhibits, and other material or
support for the heritage area, consistent with the plan and as
appropriate to the resources and associated values of the
heritage area.
(2) Technical assistance.--The Secretary may upon request of
the management entity and consistent with the plan, provide
technical assistance to the management entity.
(3) Cooperative agreements and Grants.--The Secretary may,
in consultation with the management entity and consistent with
the management plan, make grants to, and enter into cooperative
agreements with the management entity, the State, City, non-
profit organization or any person.
(3) Plan amendments.--No amendments to the plan may be made
unless approved by the Secretary. The Secretary shall
[[Page 114 STAT. 967]]
consult with the management entity in reviewing any proposed
amendments.
(g) Duties of Other Federal Agencies.--Any Federal department,
agency, or other entity conducting or supporting activities directly
affecting the heritage area shall--
(1) consult with the Secretary and the management entity
with respect to such activities.
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this Act, and to the extent
practicable, coordinate such activities directly with the duties
of the Secretary and the management entity.
(3) to the extent practicable, conduct or support such
activities in a manner which the management entity determines
will not have an adverse effect on the heritage area.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, except that not more than
$1,000,000 may be appropriated to carry out this section for any
fiscal year.
(2) Matching funds.--Federal funding provided under this
section shall be matched at least 25 percent by other funds or
in-kind services.
(i) Sunset.--The Secretary may not make any grant or provide any
assistance under this section after September 30, 2015.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $229,616,000, to remain available until expended.
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, cooperative forestry, and
education and land conservation activities and conducting an
international program as authorized, $238,455,000, to remain available
until expended, as authorized by law: Provided, That none of the funds
made available by this Act shall be used for the urban resources
partnership program.
For an additional amount to cover necessary expenses for emergency
pest management and forest health activities on Federal, State and
private lands, $12,500,000, to remain available until expended:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That these funds shall be available only to the extent that an
official budget request for a specific dollar amount, that includes
designation of the entire amount as an emergency requirement as defined
by such Act, is transmitted by the President to the Congress.
[[Page 114 STAT. 968]]
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, $1,280,693,000, to remain available until
expended, which shall include 50 percent of all moneys received during
prior fiscal years as fees collected under the Land and Water
Conservation Fund Act of 1965, as amended, in accordance with section 4
of the Act (16 U.S.C. 460l-6a(i)), of which not less than an additional
$500,000 shall be available for use for law enforcement purposes in the
national forest that, during calendar year 2000, had both the greatest
number of methamphetamine dumps and the greatest number of
methamphetamine laboratory law enforcement actions in the National
Forest System, and of which not less than an additional $500,000 shall
be available for law enforcement purposes on the Pisgah and Nantahala
National Forests, and of which for the purpose of implementing the
Valles Caldera Preservation Act, $990,000, to remain available until
expended, shall be available to the Secretary for the management of the
Valles Caldera National Preserve: Provided, That any remaining balances
available for implementing the Valles Caldera Preservation Act be
provided to the Valles Caldera Trust upon its assumption of the
management of the Preserve: Provided further, <<NOTE: 16 USC 698v-5
note.>> That notwithstanding the limitations of 107(e)(2) of the Valles
Caldera Preservation Act (Public Law 106-248), for fiscal years 2001 and
2002, the members of the Board of Trustees of the Valles Caldera Trust
may receive, upon request, compensation for each day (including travel
time) that they are engaged in the performance of the functions of the
Board. 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 them in the
performance of their duties. Members of the Board who are officers or
employees of the United States shall not receive any additional
compensation by reason of service on the Board: Provided further, That
unobligated balances available at the start of fiscal year 2001 shall be
displayed by extended budget line item in the fiscal year 2002 budget
justification: Provided further, That of the amount available for
vegetation and watershed management, 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: Provided further, That $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 for Forest Products, $700,000 shall be provided to
the State of Alaska for monitoring activities at Forest Service log
transfer facilities, in the form of an advance, direct lump sum payment.
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
[[Page 114 STAT. 969]]
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $839,129,000, to remain available until
expended: Provided, That such funds are available for repayment of
advances from other appropriations accounts previously transferred for
such purposes: 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 2000 shall be transferred, as
repayment for post advances that have not been repaid, to the fund
established pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et
seq.): Provided further, That notwithstanding any other provision of
law, up to $8,600,000 of funds appropriated under this appropriation may
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 Service and Rangeland Research
appropriation, are also available in the utilization of these funds for
Fire Science Research.
For an additional amount to cover necessary expenses for emergency
rehabilitation, presuppression due to emergencies, and wildfire
suppression activities of the Forest Service, $426,000,000, to remain
available until expended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That these funds shall be available only to
the extent an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise provided
for, $468,568,000, to remain available until expended for construction,
reconstruction, maintenance and acquisition of buildings and other
facilities, and for construction, reconstruction, repair 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 any
unobligated balances of amounts previously appropriated to the Forest
Service ``Construction'', ``Reconstruction and Construction'', or
``Reconstruction and Maintenance'' accounts as well as any unobligated
balances remaining in the ``National Forest System'' account for the
facility maintenance and trail maintenance extended budget line items
may be transferred to and merged with the ``Capital Improvement and
Maintenance'' account.
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.
[[Page 114 STAT. 970]]
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, $102,205,000 to be
derived from the Land and Water Conservation Fund, to remain available
until expended.
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 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.
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), $5,500,000, to
remain available until expended.
southeast alaska economic disaster fund
For purposes of the Southeast Alaska Economic Disaster Fund as set
forth in section 101(c) of Public Law 104-314, the direct grants
provided from the Fund shall be considered direct payments for purposes
of all applicable law except that these direct grants may not be used
for lobbying activities: Provided, That a total of $5,000,000 is hereby
appropriated and shall be deposited into the Southeast Alaska Economic
Disaster Fund established pursuant to Public Law 104-134, as amended,
without further appropriation or fiscal year limitation. The Secretary
of Agriculture shall distribute these funds to the City of Craig in
fiscal year 2001.
[[Page 114 STAT. 971]]
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 132 passenger
motor vehicles of which 13 will be used primarily for law enforcement
purposes and of which 129 shall be for replacement; acquisition of 25
passenger motor vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to exceed six
for replacement only, and acquisition of sufficient aircraft from excess
sources to maintain the operable fleet at 192 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, including the Oscoda-Wurtsmith land
exchange in Michigan, 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.
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 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C. 147b unless the proposed transfer is approved in advance by the
House and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report No. 105-163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the procedures contained
in House Report No. 105-163.
[[Page 114 STAT. 972]]
No funds appropriated to the Forest Service shall be transferred to
the Working Capital Fund of the Department of Agriculture without the
approval of the Chief of the Forest Service.
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 as authorized by the Act of August 13, 1970, as
amended by Public Law 93-408.
Of the funds available to the Forest Service, $1,500 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, up to $2,250,000 may be advanced
in a lump sum as Federal financial assistance to the National Forest
Foundation, without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting National Forest
System lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$400,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match on at least
one-for-one basis funds made available by the Forest Service: Provided
further, That the 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, <<NOTE: 16 USC 583j-
9.>> That hereafter, the National Forest Foundation may hold Federal
funds made available but not immediately disbursed and may use any
interest or other investment income earned (before, on, or after the
date of the enactment of this Act) on Federal funds to carry out the
purposes of Public Law 101-593: Provided further, <<NOTE: 16 USC 583j-
9.>> That such investments may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the
funds available to the Forest Service shall be available for matching
funds to the National Fish and Wildlife Foundation, as authorized by 16
U.S.C. 3701-3709, and may be advanced in a lump sum as Federal financial
assistance, without regard to when expenses are incurred, for projects
on or benefitting National Forest System lands or related to Forest
Service programs: 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.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the funds
appropriated to the Forest Service in the ``National Forest System'' and
``Capital Improvement and Maintenance'' accounts and planned to be
allocated to activities under the ``Jobs in the Woods'' program for
projects on National Forest land in the State of Washington may be
granted directly to the Washington State Department of Fish and Wildlife
for accomplishment of planned projects. Twenty
[[Page 114 STAT. 973]]
percent of said funds shall be retained by the Forest Service for
planning and administering projects. Project selection and
prioritization shall be accomplished by the Forest Service with such
consultation with the State of Washington as the Forest Service deems
appropriate.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pinchot
Institute for Conservation, as well as with public and other private
agencies, organizations, institutions, and individuals, to provide for
the development, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers National
Historic Landmark: Provided, That, subject to such terms and conditions
as the Secretary of Agriculture may prescribe, any such public or
private agency, organization, institution, or individual may solicit,
accept, and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the activities and
services at the Grey Towers National Historic Landmark: Provided
further, That such gifts may be accepted notwithstanding the fact that a
donor conducts business with the Department of Agriculture in any
capacity.
Funds appropriated to the Forest Service shall be available, as
determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101-612).
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be used
to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred as a result of OGC
assistance or participation requested by the Forest Service at meetings,
training sessions, management reviews, 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.
No employee of the Department of Agriculture may be detailed or
assigned from an agency or office funded by this Act to any other agency
or office of the department for more than 30 days unless the
individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
The Forest Service shall fund indirect expenses, that is expenses
not directly related to specific programs or to the accomplishment of
specific work on-the-ground, from any funds available to the Forest
Service: Provided, <<NOTE: 16 USC 579d.>> That the Forest Service shall
implement and adhere to the definitions of indirect expenditures
established pursuant to Public Law 105-277 on a nationwide basis without
flexibility for modification by any organizational level except the
Washington Office, and when changed by the Washington Office, such
changes in definition shall be reported in budget requests submitted by
the Forest Service: Provided further, That the Forest Service shall
provide in all future budget justifications, planned indirect
expenditures in accordance with the definitions, summarized and
displayed to the Regional, Station, Area, and
[[Page 114 STAT. 974]]
detached unit office level. The justification shall display the
estimated source and amount of indirect expenditures, by expanded budget
line item, of funds in the agency's annual budget justification. The
display shall include appropriated funds and the Knutson-Vandenberg,
Brush Disposal, Cooperative Work-Other, and Salvage Sale funds. Changes
between estimated and actual indirect expenditures shall be reported in
subsequent budget justifications: Provided, That during fiscal year 2001
the Secretary shall limit total annual indirect obligations from the
Brush Disposal, Knutson-Vandenberg, Reforestation, Salvage Sale, and
Roads and Trails funds to 20 percent of the total obligations from each
fund. Obligations in excess of 20 percent which would otherwise be
charged to the above funds may be charged to appropriated funds
available to the Forest Service subject to notification of the
Committees on Appropriations of the House and Senate.
Any appropriations or funds available to the Forest Service may be
used for necessary expenses in the event of law enforcement emergencies
as necessary to protect natural resources and public or employee safety:
Provided, That such amounts shall not exceed $750,000.
Section 551 of the Land Between the Lakes Protection Act of 1998 (16
U.S.C. 460lll-61) is amended by adding at the end the following new
subsection:
``(c) Transition.--Until September 30, 2002, 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,
regarding procurement of property, services, supplies, and equipment.''.
The <<NOTE: Joyce Liverca.>> Secretary of Agriculture shall pay
$4,449 from available funds to Joyce Liverca as reimbursement for
various expenses incurred as a Federal employee in connection with
certain high priority duties performed for the Forest Service.
The Secretary of Agriculture may authorize the sale of excess
buildings, facilities, and other properties owned by the Forest Service
and located on the Green Mountain National Forest, the revenues of which
shall be retained by the Forest Service and available to the Secretary
without further appropriation and until expended for maintenance and
rehabilitation activities on the Green Mountain National Forest.
DEPARTMENT OF ENERGY
clean coal technology
(deferral)
Of the funds made available under this heading for obligation in
prior years, $67,000,000 shall not be available until October 1, 2001:
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.
[[Page 114 STAT. 975]]
fossil energy research and development
(including transfers of funds)
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological 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), performed under the minerals and
materials science programs at the Albany Research Center in Oregon
$540,653,000, to remain available until expended, of which $12,000,000
for oil technology research shall be derived by transfer from funds
appropriated in prior years under the heading ``Strategic Petroleum
Reserve, SPR Petroleum Account'' and of which $95,000,000 shall be
derived by transfer from funds appropriated in prior years under the
heading ``Clean Coal Technology'', such funds to be available for a
general request for proposals for the commercial scale demonstration of
technologies to assure the reliability of the Nation's energy supply
from existing and new electric generating facilities for which the
Department of Energy upon review may provide financial assistance
awards: Provided, <<NOTE: Deadlines.>> That the request for proposals
shall be issued no later than one hundred and twenty days following
enactment of this Act, proposals shall be submitted no later than ninety
days after the issuance of the request for proposals, and the Department
of Energy shall make project selections no later than one hundred and
sixty days after the receipt of proposals: Provided further, That no
funds are to be obligated for selected proposals prior to September 30,
2001: Provided further, That funds provided shall be expended only in
accordance with the provisions governing the use of funds contained
under the heading under which they were originally appropriated:
Provided further, That provisions for repayment of government
contributions to individual projects shall be identical to those
included in the Program Opportunity Notice (Solicitation Number DE-PS01-
89FE 61825), issued by the Department of Energy on May 1, 1989, except
that repayments from sale or licensing of technologies shall be from
both domestic and foreign transactions: Provided further, That such
repayments shall be deposited in this account to be retained for future
projects: Provided further, That any project approved under this program
shall be considered a Clean Coal Technology Demonstration Project, for
the purposes of 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.
[[Page 114 STAT. 976]]
alternative fuels production
(rescission)
Of the unobligated balances under this heading, $1,000,000 are
rescinded.
naval petroleum and oil shale reserves
For expenses necessary to carry out engineering studies to determine
the cost of development, the predicted rate and quantity of petroleum
recovery, the methodology, and the equipment specifications for
development of Shannon Formation at Naval Petroleum Reserve Numbered 3
(NPR-3), utilizing a below-the-reservoir production method, $1,600,000,
to remain available until expended: Provided, <<NOTE: 10 USC 4730
note.>> That the requirements of 10 U.S.C. 7430(b)(2)(B) shall not
apply to fiscal year 2001 and any fiscal year thereafter: Provided
further, 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, 2001 for
payment to the State of California for the State Teachers' Retirement
Fund from the Elk Hills School Lands Fund.
energy conservation
(including transfer of funds)
For necessary expenses in carrying out energy conservation
activities, $816,940,000, to remain available until expended, of which
$2,000,000 shall be derived by transfer from unobligated balances in the
Biomass Energy Development account: Provided, That $191,000,000 shall be
for use in energy conservation 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: $153,000,000 for
weatherization assistance grants and $38,000,000 for State energy
conservation grants: Provided further, That notwithstanding any other
provision of law, the Secretary of Energy may waive up to fifty percent
of the cost-sharing requirement for weatherization assistance provided
for by Public Law 106-113 for a State which he finds to be experiencing
fiscal hardship or major changes in energy markets or suppliers or other
temporary limitations on its ability to provide matching funds, provided
that the State is demonstrably engaged in continuing activities to
secure non-federal resources and that such waiver is limited to one
fiscal year and that no state may be granted such waiver more than
twice: Provided further, <<NOTE: 42 USC 6863 note.>> That, hereafter,
Indian tribal direct grantees of weatherization assistance shall not be
required to provide matching funds.
[[Page 114 STAT. 977]]
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearings and Appeals, $2,000,000, to remain available until expended.
strategic petroleum reserve
(including transfer of funds)
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.), $165,000,000, to remain available until expended, of
which $4,000,000 shall be derived by transfer of unobligated balances of
funds previously appropriated under the heading ``SPR Petroleum
Account'', and of which $8,000,000 shall be available for maintenance of
a Northeast Home Heating Oil Reserve.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $75,675,000, 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,
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
three calendar days to a day certain) from the receipt by the Speaker of
the House of Representatives and the President
[[Page 114 STAT. 978]]
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.
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, $2,240,658,000, 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 $15,000,000 shall remain available until expended, for the
Indian Catastrophic Health Emergency Fund: Provided further, That
$431,756,000 for contract medical care shall remain available for
obligation until September 30, 2002: Provided further, That of the funds
provided, up to $22,000,000 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 for obligation until September 30, 2002: Provided
further, That amounts received by tribes and tribal organizations under
title IV of the Indian Health Care Improvement Act shall be reported and
accounted for and available to the receiving tribes and tribal
organizations until expended: Provided further, That, notwithstanding
any other provision of law, of the amounts provided herein, not to
exceed $248,781,000 shall
[[Page 114 STAT. 979]]
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
2001, of which not to exceed $10,000,000 may be used for such costs
associated with new and expanded 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.
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, $363,904,000, 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 start a priority project for the
acquisition of land, planning, design and construction of 79 staff
quarters at Bethel, Alaska, subject to a negotiated project agreement
between the YKHC and the Indian Health Service: Provided further, That
this project shall not be subject to the construction provisions of the
Indian Self-Determination and 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 notwithstanding any provision of
law governing Federal construction, $2,240,000 of the funds provided
herein shall be provided to the Hopi Tribe to reduce the debt incurred
by the Tribe in providing staff quarters to meet the housing needs
associated with the new Hopi Health Center: Provided further, That
$5,000,000 shall remain available until expended for the purpose of
funding joint venture health care facility projects authorized under the
Indian Health Care Improvement Act, as amended: Provided further, That
priority, by rank order, shall be given to tribes with outpatient
projects on the existing Indian Health Services priority list that have
Service-approved planning documents, and can demonstrate by March 1,
2001, the financial capability necessary to provide an appropriate
facility: Provided further, That
[[Page 114 STAT. 980]]
joint venture funds unallocated after March 1, 2001, shall be made
available for joint venture projects on a competitive basis giving
priority to tribes that currently have no existing Federally-owned
health care facility, have planning documents meeting Indian Health
Service requirements prepared for approval by the Service and can
demonstrate the financial capability needed to provide an appropriate
facility: Provided further, That the Indian Health Service shall request
additional staffing, operation and maintenance funds for these
facilities in future budget requests: 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 not
to exceed $500,000 shall be used by the Indian Health Service to obtain
ambulances for the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between the Indian
Health Service and the General Services Administration: Provided
further, That not to exceed $500,000 shall be placed in a Demolition
Fund, available until expended, to be used by the Indian Health Service
for demolition of Federal buildings: Provided further, That
notwithstanding the provisions of title III, section 306, of the Indian
Health Care Improvement Act (Public Law 94-437, as amended),
construction contracts authorized under title I of the Indian Self-
Determination and Education Assistance Act of 1975, as amended, may be
used rather than grants to fund small ambulatory facility construction
projects: Provided further, That if a contract is used, the IHS is
authorized to improve municipal, private, or tribal lands, and that at
no time, during construction or after completion of the project will the
Federal Government have any rights or title to any real or personal
property acquired as a part of the contract.
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 therefore 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: Provided,
That 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: Provided further, That 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
[[Page 114 STAT. 981]]
93-638, as amended: Provided further, That 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: Provided
further, That 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: Provided
further, That 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: Provided
further, That funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and accounted for
in the appropriation structure set forth in this Act: Provided further,
That 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, and 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, said amounts to remain
available until expended: Provided further, That 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: Provided further, That 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, $15,000,000, to remain
available until expended: Provided, That funds provided 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
[[Page 114 STAT. 982]]
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), $4,125,000.
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, $387,755,000, of
which not to exceed $47,088,000 for the instrumentation program,
collections acquisition, Museum Support Center equipment and move,
exhibition reinstallation, the National Museum of the American Indian,
the repatriation of skeletal remains program, research equipment,
information management, and Latino programming shall remain available
until expended, 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 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.
[[Page 114 STAT. 983]]
repair, restoration and alteration of facilities
For necessary expenses of repair, restoration, 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), including not to exceed $10,000 for services as
authorized by 5 U.S.C. 3109, $57,600,000, to remain available until
expended, of which $7,600,000 is provided for repair, rehabilitation and
alteration of facilities at the National Zoological Park: 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.
construction
For necessary expenses for construction, $9,500,000, to remain
available until expended.
administrative provisions, smithsonian institution
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.
The Smithsonian Institution shall not use Federal funds in excess of
the amount specified in Public Law 101-185 for the construction of the
National Museum of the American Indian.
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.
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
[[Page 114 STAT. 984]]
may deem proper, $64,781,000, 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, $10,871,000, 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, $14,000,000.
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, $20,000,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $7,310,000.
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, $98,000,000 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, 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 may be transferred to and merged with this account.
[[Page 114 STAT. 985]]
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, $104,604,000, 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,
$15,656,000, to remain available until expended, of which $11,656,000
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.
Institute of Museum and Library Services
office of museum services
grants and administration
For carrying out subtitle C of the Museum and Library Services Act
of 1996, as amended, $24,907,000, to remain available until expended.
administrative provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses.
Challenge America Arts Fund
challenge america grants
For necessary expenses as authorized by Public Law 89-209, as
amended, $7,000,000 for support for arts education and public outreach
activities to be administered by the National Endowment for the Arts, to
remain available until expended.
[[Page 114 STAT. 986]]
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), $1,078,000: 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), $3,189,000: 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, $6,500,000: Provided, That 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 Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388 (36 U.S.C. 1401), as amended, $34,439,000, of 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
presidio trust fund
For necessary expenses to carry out title I of the Omnibus Parks and
Public Lands Management Act of 1996, $23,400,000 shall be available to
the Presidio Trust, to remain available until expended. The Trust is
authorized to issue obligations to the Secretary of the Treasury
pursuant to section 104(d)(3) of the Act, in an amount not to exceed
$10,000,000.
[[Page 114 STAT. 987]]
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 under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. 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. 304. 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. 305. 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. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such committees.
Sec. 307. 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 2000.
Sec. 308. 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. 309. None of the funds appropriated or otherwise made available
by this Act may be used for the AmeriCorps program, unless the relevant
agencies of the Department of the Interior and/or Agriculture follow
appropriate reprogramming guidelines: Provided, That if no funds are
provided for the AmeriCorps program by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2001, then none of the funds appropriated or
otherwise made available by this Act may be used for the AmeriCorps
programs.
Sec. 310. 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 it is made
known to the Federal official having
[[Page 114 STAT. 988]]
authority to obligate or expend such funds that such pedestrian use is
consistent with generally accepted safety standards.
Sec. 311. (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 (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, 2001, 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. 312. 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, and 106-113 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 2000 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. 313. Notwithstanding any other provision of law, for fiscal
year 2001 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'' component of the President's Forest Plan
for the Pacific Northwest or 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 and Alaska that
[[Page 114 STAT. 989]]
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. 314. None of the funds collected under the Recreational Fee
Demonstration program may be used to plan, design, or construct a
visitor center or any other permanent structure without prior approval
of the House and the Senate Committees on Appropriations if the
estimated total cost of the facility exceeds $500,000.
Sec. 315. <<NOTE: 16 USC 460bb note.>> All interests created under
leases, concessions, permits and other agreements associated with the
properties administered by the Presidio Trust, hereafter shall be exempt
from all taxes and special assessments of every kind by the State of
California and its political subdivisions.
Sec. 316. <<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. 317. 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) 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. 318. 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. 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. 319. (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:
[[Page 114 STAT. 990]]
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) <<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. 320. <<NOTE: 16 USC 500 note.>> Advisory Committee on Forest
Counties Payments.
(a) Definitions.--In this section:
(1) Advisory committee.--The term ``Advisory Committee''
means the Forest Counties Payments Committee established by this
section.
(2) Committees of jurisdiction.--The term ``committees of
jurisdiction'' means the Committee on Agriculture, the Committee
on Resources, and the Committee on Appropriations of the House
of Representatives and the Committee on Agriculture, Nutrition,
and Forestry, the Committee on Energy and Natural Resources, and
the Committee on Appropriations of the Senate.
(3) Eligible county.--The term ``eligible county'' means a
county that, for one or more of the fiscal years 1986 through
1999, received--
(A) a payment under title II of the Act of August
28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f),
or the Act of May 24, 1939 (chapter 144; 53 Stat. 753;
43 U.S.C. 1181f-1 et seq.); or
(B) a portion of an eligible State's payment, as
described in paragraph (4).
(4) Eligible state.--The term ``eligible State'' means a
State that, for one or more of the fiscal years 1986 through
[[Page 114 STAT. 991]]
1999, received a payment under the sixth paragraph under the
heading of ``FOREST SERVICE'' in the Act of May 23, 1908 (35
Stat. 260; 16 U.S.C. 500), or section 13 of the Act of March 1,
1911 (36 Stat. 963; 16 U.S.C. 500).
(5) Federal lands.--The term ``Federal lands'' means the
following:
(A) Lands within the National Forest System, as
defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)), exclusive of the National Grasslands and land
utilization projects designated as National Grasslands
administered pursuant to the Act of July 22, 1937 (7
U.S.C. 1010-1012).
(B) Such portions of the Oregon and California
Railroad grant lands revested in the United States by
the Act of June 9, 1916 (chapter 137; 39 Stat. 218), and
the Coos Bay Wagon Road grant lands reconveyed to the
United States by the Act of February 26, 1919 (chapter
47; 40 Stat. 1179), as are or may hereafter come under
the jurisdiction of the Secretary of the Interior, which
have heretofore or may hereafter be classified as
timberlands, and power-site lands valuable for timber,
that shall be managed, except as provided in the former
section 3 of the Act of August 28, 1937 (50 Stat. 875;
43 U.S.C. 1181c), for permanent forest production.
(6) Sustainable forestry.--The term ``sustainable forestry''
means the practice of meeting the forest resource needs and
values of the present without compromising the similar
capability of future generations.
(b) Establishment of Advisory Committee.--
(1) Establishment required.-- <<NOTE: Forest Counties
Payments Committee.>> There is hereby established an advisory
committee, to be known as the Forest Counties Payments
Committee, to develop recommendations, consistent with
sustainable forestry, regarding methods to ensure that States
and counties in which Federal lands are situated receive
adequate Federal payments to be used for the benefit of public
education and other public purposes.
(2) Members.--The Advisory Committee shall be composed of
the following members:
(A) The Chief of the Forest Service, or a designee
of the Chief who has significant expertise in
sustainable forestry.
(B) The Director of the Bureau of Land Management,
or a designee of the Director who has significant
expertise in sustainable forestry.
(C) The Director of the Office of Management and
Budget, or the Director's designee.
(D) Two members who are elected members of the
governing branches of eligible counties; one such member
to be appointed by the President pro tempore of the
Senate (in consultation with the chairmen and ranking
members of the committees of jurisdiction of the Senate)
and one such member to be appointed by the Speaker of
the House of Representatives (in consultation with the
chairmen and ranking members of the committees of
jurisdiction of the House of Representatives) within 60
days of the date of the enactment of this Act.
[[Page 114 STAT. 992]]
(E) Two members who are elected members of school
boards for, superintendents from, or teachers employed
by, school districts in eligible counties; one such
member to be appointed by the President pro tempore of
the Senate (in consultation with the chairmen and
ranking members of the committees of jurisdiction of the
Senate) and one such member to be appointed by the
Speaker of the House of Representatives (in consultation
with the chairmen and ranking members of the committees
of jurisdiction of the House of Representatives) within
60 days of the date of the enactment of this Act.
(3) Geographic representation.--In making appointments under
subparagraphs (D) and (E) of paragraph (2), the President pro
tempore of the Senate and the Speaker of the House of
Representatives shall seek to ensure that the Advisory Committee
members are selected from geographically diverse locations.
(4) Organization of advisory committee.--
(A) Chairperson.--The Chairperson of the Advisory
Committee shall be selected from among the members
appointed pursuant to subparagraphs (D) and (E) of
paragraph (2).
(B) Vacancies.--Any vacancy in the membership of the
Advisory Committee shall be filled in the same manner as
required by paragraph (2). A vacancy shall not impair
the authority of the remaining members to perform the
functions of the Advisory Committee under this section.
(C) Compensation.--The members of the Advisory
Committee who are not officers or employees of the
United States, while attending meetings or other events
held by the Advisory Committee or at which the members
serve as representatives of the Advisory Committee or
while otherwise serving at the request of the
Chairperson of the Advisory Committee, shall each be
entitled to receive compensation at a rate not in excess
of the maximum rate of pay for grade GS-15, as provided
in the General Schedule, including traveltime, and while
away from their homes or regular places of business,
shall each be reimbursed for travel expenses, including
per diem in lieu of subsistence as authorized by section
5703 of title 5, United States Code, for persons in
Government service employed intermittently.
(5) Staff and rules.--
(A) Executive director.--The Advisory Committee
shall have an Executive Director, who shall be appointed
by the Advisory Committee and serve at the pleasure of
the Advisory Committee. The Executive Director shall
report to the Advisory Committee and assume such duties
as the Advisory Committee may assign. The Executive
Director shall be paid at a rate not in excess of the
maximum rate of pay for grade GS-15, as provided in the
General Schedule.
(B) Other staff.--In addition to authority to
appoint personnel subject to the provisions of title 5,
United States Code, governing appointments to the
competitive service, and to pay such personnel in
accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such
[[Page 114 STAT. 993]]
title relating to classification and General Schedule
pay rates, the Advisory Committee shall have authority
to enter into contracts with private or public
organizations which may furnish the Advisory Committee
with such administrative and technical personnel as may
be necessary to carry out the functions of the Advisory
Committee under this section. To the extent practicable,
such administrative and technical personnel, and other
necessary support services, shall be provided for the
Advisory Committee by the Chief of the Forest Service
and the Director of the Bureau of Land Management.
(C) Committee rules.--The Advisory Committee may
establish such procedural and administrative rules as
are necessary for the performance of its functions under
this section.
(6) Federal agency cooperation.--The heads of the
departments, agencies, and instrumentalities of the executive
branch of the Federal Government shall cooperate with the
Advisory Committee in the performance of its functions under
this section and should furnish, as practicable, to the Advisory
Committee information which the Advisory Committee deems
necessary to carry out such functions.
(c) Functions of Advisory Committee.--
(1) Development of recommendations.--
(A) In general.--The Advisory Committee shall
develop recommendations for policy or legislative
initiatives (or both) regarding alternatives for, or
substitutes to, the payments required to be made to
eligible States and eligible counties under the
provisions of law referred to in paragraphs (3) and (4)
of subsection (a) in order to provide a long-term method
to generate annual payments to eligible States and
eligible counties.
(B) Reporting requirements.--
<<NOTE: Deadline.>> Not later than 18 months after the
date of the enactment of this Act, the Advisory
Committee shall submit to the committees of jurisdiction
a final report containing the recommendations developed
under this subsection. The Advisory Committee shall
submit semiannual progress reports on its activities and
expenditures to the committees of jurisdiction until the
final report has been submitted.
(2) Guidance for committee.--In developing the
recommendations required by paragraph (1), the Advisory
Committee shall--
(A) evaluate the method by which payments are made
to eligible States and eligible counties under the
provisions of law referred to in paragraphs (3) and (4)
of subsection (a), and related laws, and the use of such
payments;
(B) consider the impact on eligible States and
eligible counties of revenues derived from the historic
multiple use of the Federal lands;
(C) evaluate the economic, environmental, and social
benefits which accrue to counties containing Federal
lands, including recreation, natural resources
industries, and the value of environmental services that
result from Federal lands; and
(D) evaluate the expenditures by counties on
activities on Federal lands which are Federal
responsibilities.
[[Page 114 STAT. 994]]
(3) Monitoring and related reporting activities.--The
Advisory Committee shall monitor the payments made to eligible
States and eligible counties under the provisions of law
referred to in paragraphs (3) and (4) of subsection (a), and
related laws, and submit to the committees of jurisdiction an
annual report describing the amounts and sources of such
payments and containing such comments as the Advisory Committee
may have regarding such payments.
(4) Testimony.--The Advisory Committee shall make itself
available for testimony or comments on the reports required to
be submitted by the Advisory Committee and on any legislation or
regulations to implement any recommendations made in such
reports in any congressional hearings or any rulemaking or other
administrative decision process.
(d) Federal Advisory Committee Act Requirements.--The provisions of
the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the
Advisory Committee.
(e) Termination of Advisory Committee.--The Advisory Committee shall
terminate three years after the date of the enactment of this Act.
(f) Funding Source.--At the request of the Executive Director of the
Advisory Committee, the Secretary of Agriculture shall provide funds
from any account available to the Secretary, not to exceed $200,000 in
fiscal year 2001, for the work of the Advisory Committee necessary to
meet the requirements of this section.
Sec. 321. 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. 322. 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.
Sec. 323. Notwithstanding any other provision of law, none of the
funds in this Act may be used for GSA Telecommunication Centers or the
President's Council on Sustainable Development.
Sec. 324. None of the funds in this Act may be used for planning,
design or construction of improvements to Pennsylvania Avenue in front
of the White House without the advance approval of the House and Senate
Committees on Appropriations.
Sec. 325. Amounts deposited during fiscal year 2000 in the roads and
trails fund provided for in the fourteenth 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 Secretary shall commence the projects during
fiscal year 2001, but 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
[[Page 114 STAT. 995]]
expended from the timber salvage sale fund. Nothing in this section
shall be construed to exempt any project from any environmental law.
Sec. 326. None of the funds provided in this or previous
appropriations Acts for the agencies funded by this Act or provided from
any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be transferred to and used to fund personnel, training, or other
administrative activities of the Council on Environmental Quality or
other offices in the Executive Office of the President for purposes
related to the American Heritage Rivers program.
Sec. 327. 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. 328. No timber sale in Region 10 shall be advertised if the
indicated rate is deficit when appraised under the transaction evidence
appraisal system using domestic Alaska values for western red cedar:
Provided, That sales which are deficit when appraised under the
transaction evidence appraisal system using domestic Alaska values for
western red cedar may be advertised upon receipt of a written request by
a prospective, informed bidder, who has the opportunity to review the
Forest Service's cruise and harvest cost estimate for that timber.
Program accomplishments shall be based on volume sold. Should Region 10
sell, in fiscal year 2001, 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 under the
transaction evidence appraisal system using domestic Alaska values for
western red cedar, all of the western red cedar 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
2001, less than 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 under the transaction evidence
appraisal system using domestic Alaska values for western red cedar, the
volume of western red cedar timber available to domestic processors at
prevailing domestic prices in the contiguous 48 United States shall be
that volume: (i) which is surplus to the needs of domestic processors in
Alaska; and (ii) is that percent of the surplus western red cedar 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
red cedar is eligible for sale to various markets shall be made at the
time each sale is awarded). Western red cedar 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 red cedar logs from a given sale to domestic
Alaska processors at price equal to or greater than the log selling
value stated in the contract. All additional western red cedar volume
[[Page 114 STAT. 996]]
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. 329. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan
at the Third Conference of the Parties to the United Nations Framework
Convention on Climate Change, which has not been submitted to the Senate
for advice and consent to ratification pursuant to article II, section
2, clause 2, of the United States Constitution, and which has not
entered into force pursuant to article 25 of the Protocol.
Sec. 330. <<NOTE: 43 USC 1701 note.>> In fiscal years 2001 through
2005, the Secretaries of the Interior and Agriculture may pilot test
agency-wide joint permitting and leasing programs, subject to annual
review of Congress, and promulgate special rules as needed to test the
feasibility of issuing unified permits, applications, and leases. The
Secretaries of the Interior and Agriculture may make reciprocal
delegations of their respective authorities, duties and responsibilities
in support of the ``Service First'' initiative agency-wide to promote
customer service and efficiency. Nothing herein shall alter, expand or
limit the applicability of any public law or regulation to lands
administered by the Bureau of Land Management or the Forest Service.
Sec. 331. Federal and State Cooperative Watershed Restoration and
Protection in Colorado. (a) Use of Colorado State Forest Service.--Until
September 30, 2004, the Secretary of Agriculture, via cooperative
agreement or contract (including sole source contract) as appropriate,
may permit the Colorado State Forest Service to perform watershed
restoration and protection services on National Forest System lands in
the State of Colorado when similar and complementary watershed
restoration and protection services are being performed by the State
Forest Service on adjacent State or private lands. The types of services
that may be extended to National Forest System lands include treatment
of insect infected trees, reduction of hazardous fuels, and other
activities to restore or improve watersheds or fish and wildlife habitat
across ownership boundaries.
(b) State as Agent.--Except as provided in subsection (c), a
cooperative agreement or contract under subsection (a) may authorize the
State Forester of Colorado to serve as the agent for the Forest Service
in providing all services necessary to facilitate the performance of
watershed restoration and protection services under subsection (a). The
services to be performed by the Colorado State Forest Service may be
conducted with subcontracts utilizing State contract procedures.
Subsections (d) and (g) of section 14 of the National Forest Management
Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under
a cooperative agreement or contract under subsection (a).
(c) Retention of NEPA Responsibilities.--With respect to any
watershed restoration and protection services on National Forest System
lands proposed for performance by the Colorado State Forest Service
under subsection (a), any decision required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may
not be delegated to the State Forester
[[Page 114 STAT. 997]]
of Colorado or any other officer or employee of the Colorado State
Forest Service.
Sec. 332. <<NOTE: Reports.>> None of the funds appropriated or
otherwise made available by this Act may be used to issue a record of
decision implementing the Interior Columbia Basin Ecosystem Management
Project until the Secretaries of Agriculture and the Interior submit to
Congress a report evaluating, for the area to be covered by the project,
both the effect of the year 2000 wildfires and the President's
initiative for managing the impact of wildfires on communities and the
environment.
Sec. 333. The Forest Service, in consultation with the Department of
Labor, shall review Forest Service campground concessions policy to
determine if modifications can be made to Forest Service contracts for
campgrounds so that such concessions fall within the regulatory
exemption of 29 CFR 4.122(b). The Forest Service shall offer in fiscal
year 2001 such concession prospectuses under the regulatory exemption,
except that, any prospectus that does not meet the requirements of the
regulatory exemption shall be offered as a service contract in
accordance with the requirements of 41 U.S.C. 351-358.
Sec. 334. <<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.
(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. 335. Section 801 of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)(D)(iii)) is amended by striking ``$750,000'' and
inserting ``$10,000,000''.
Sec. 336. In section 315(f) of title III of section 101(c) of Public
Law 104-134 (16 U.S.C. 460l-6a note), as amended, strike ``September 30,
2001'' and insert ``September 30, 2002'', and strike ``September 30,
2004'' and insert ``September 30, 2005''.
Sec. 337. None of the funds in this Act may be used by the Secretary
of the Interior to issue a prospecting permit for hardrock mineral
exploration on Mark Twain National Forest land in the Current River/
Jack's Fork River--Eleven Point Watershed (not including Mark Twain
National Forest land in Townships
[[Page 114 STAT. 998]]
31N and 32N, Range 2 and Range 3 West, on which mining activities are
taking place as of the date of the enactment of this Act): Provided,
That none of the funds in this Act may be used by the Secretary of the
Interior to segregate or withdraw land in the Mark Twain National
Forest, Missouri under section 204 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1714).
Sec. 338. <<NOTE: 16 USC 2104 note.>> The authority to enter into
stewardship and end result contracts provided to the Forest Service in
accordance with section 347 of title III of section 101(e) of division A
of Public Law 105-825 is hereby expanded to authorize the Forest Service
to enter into an additional 28 contracts subject to the same terms and
conditions as provided in that section: Provided, That of the additional
contracts authorized by this section at least 9 shall be allocated to
Region 1 and at least 3 to Region 6.
Sec. 339. Any regulations or policies promulgated or adopted by the
Departments of Agriculture or the Interior regarding recovery of costs
for processing authorizations to occupy and use Federal lands under
their control shall adhere to and incorporate the following principle
arising from Office of Management and Budget Circular, A-25; no charge
should be made for a service when the identification of the specific
beneficiary is obscure, and the service can be considered primarily as
benefiting broadly the general public.
Sec. 340. None of the funds made available in this Act may be used
by the Secretary of the Interior or the Secretary of Agriculture to
implement a final rule for estimating fair market value land use rental
fees for fiberoptic communications rights-of-way on Federal lands that
amends or replaces the linear right-of-way rental fee schedule published
on July 8, 1987 (43 CFR 2803.1-2(c)(1)(I)). In determining rental fees
for fiberoptic rights-of-way, the Secretaries shall use the rates
contained in the linear right-of-way rental fee schedules in place on
May 1, 2000.
Sec. 341. Notwithstanding any other provision of law, for fiscal
year 2001, the Secretary of Agriculture is authorized to limit
competition for fire and fuel treatment and watershed restoration
contracts in the Giant Sequoia National Monument and the Sequoia
National Forest. Preference for employment shall be given to dislocated
and displaced workers in Tulare, Kern and Fresno Counties, California,
for work associated with the establishment of the Giant Sequoia National
Monument.
Sec. 344. From funds previously appropriated under the heading
``DEPARTMENT OF ENERGY, fossil energy research and development'',
$4,000,000 is available for computational services at the National
Energy Technology Laboratory.
Sec. 345. Backcountry Landing Strip Access. (a) In General.--Funds
made available by this Act shall not be used to permanently close
aircraft landing strips, officially recognized by State or Federal
aviation officials, without public notice, consultation with cognizant
State and Federal aviation officials and the consent of the Federal
Aviation Administration.
(b) Aircraft Landing Strips.--An aircraft landing strip referred to
in subsection (a) is a landing strip on Federal land administered by the
Secretary of the Interior or the Secretary of Agriculture that is
commonly known, and is consistently used for aircraft landing and
departure activities.
[[Page 114 STAT. 999]]
(c) Permanent Closure.--For the purposes of subsection (a), an
aircraft landing strip shall be considered to be closed permanently if
the intended duration of the closure is more than 180 days in any
calendar year.
Sec. 346. Columbia River Gorge National Scenic Area. (a) Land
Acquisition.--Section 9 of the Columbia River Gorge National Scenic Area
Act (16 U.S.C. 544g) is amended:
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following:
``(e) Appraisals.--
``(1) Definition of landowner.--In this subsection, the term
`landowner' means the owner of legal or equitable title as of
September 1, 2000.
``(2) Appraisal standards.--Except as provided in paragraph
(3), land acquired or conveyed by purchase or exchange under
this section shall be appraised in conformity with the Uniform
Appraisal Standards for Federal Land Acquisitions.
``(3) Special management areas.--
``(A) Before april 1, 2001.--Land within a special
management area for which the landowner, before April 1,
2001, makes a written bona fide offer to convey to the
Secretary for fair market value shall be appraised--
``(i) without regard to the effect of any
zoning or land use restriction made in response to
this Act; but
``(ii) subject to any other current zoning or
land use restriction imposed by the State or
locality in which the land is located on the date
of the offer.
``(B) On or after april 1, 2001.--Land within a
special management area for which the landowner, on or
after April 1, 2001, makes a written bona fide offer to
convey to the Secretary for fair market value shall be
appraised subject to--
``(i) any zoning or land use restriction made
in response to this Act; and
``(ii) any other current zoning or land use
restriction that applies to the land on the date
of the offer.
``(f) Authorization for Certain Land Exchanges.--
``(1) In general.--To facilitate priority land exchanges
through which land within the boundaries of the White Salmon
Wild and Scenic River or within the scenic area is conveyed to
the United States, the Secretary may accept title to such land
as the Secretary determines to be appropriate within the States,
regardless of the State in which the land conveyed by the
Secretary in exchange is located, in accordance with land
exchange authorities available to the Secretary under applicable
law.
``(2) Special rule for land certain exchanges.--
Notwithstanding any other provision of law--
``(A) any exchange described in paragraph (1) for
which an agreement to initiate has been executed as of
September 30, 2000, shall continue; and
``(B) any timber stumpage proceeds collected under
the exchange shall be retained by the Forest Service to
complete the exchange.''.
(b) Administration of Special Management Areas.--Section 8(o) of the
Columbia River Gorge National Scenic Area Act (16 U.S.C. 544f) is
amended--
[[Page 114 STAT. 1000]]
(1) by striking ``Any ordinance'' and inserting the
following:
``(1) In general.--Any ordinance'';
(2) in the first sentence, by striking ``the Uniform
Appraisal Standards for Federal Land Acquisitions (Interagency
Land Acquisition Conference, 1973).'' and inserting ``section
9(e).''; and
(3) by adding at the end the following:
``(2) Applicability.--This subsection shall not apply to any
land offered to the Secretary for acquisition after March 31,
2001.''.
(c) Publication of Notice.--
(1) <<NOTE: Deadline.>> Not later than November 1, 2000,
the Secretary of Agriculture shall provide notice of the
provisions contained in the amendments made by subsections (a)
and (b) through--
(A) <<NOTE: Federal Register, publication.>>
publication of a notice in the Federal Register and in
newspapers of general circulation in the counties in the
Columbia River Gorge National Scenic Area; and
(B) posting of a notice in each facility of the
United States Postal Service located in those counties.
(2) If the counties wherein special management areas are
located provide the Forest Service administrator of the Columbia
River Gorge National Scenic Area lists of the names and
addresses of landowners within the special management areas as
of September 1, 2000, the Forest Service shall send to such
names and addresses by certified first class mail notice of the
provisions contained in the amendments made by subsections (a)
and (b);
(A) The mailing shall occur within twenty working
days of the receipt of the list; and
(B) The mailing shall constitute constructive notice
to landowners, and proof of receipt by the addressee
shall not be required.
(d) Designation of Special Management Areas.--Section 4(b)(2) of the
Columbia River Gorge National Scenic Area Act (16 U.S.C. 544b(b)(2)) is
amended--
(1) in paragraph (2), by striking ``in this section'' and
inserting ``by paragraph (1)''; and
(2) by adding at the end the following:
``(3) Modification of boundaries.--The boundaries of the
special management areas are modified as depicted on a map dated
September 20, 2000, which shall be on file and available for
public inspection in the office of the Chief of the Forest
Service in Washington, District of Columbia, and copies shall be
available in the office of the Commission, and the headquarters
of the scenic area.''.
(e) Payments to Local Governments.--Section 14(c)(3) of the Columbia
River Gorge National Scenic Area Act (16 U.S.C. 544l(c)(3)) is amended--
(1) by striking ``(3) No payment'' and inserting the
following:
``(3) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), no payment'';
(2) by striking ``fifth'' and inserting ``eighth''; and
(3) by adding at the end the following:
``(B) Continuation of certain payments.--For any
land or interest in land for which the Secretary is
making
[[Page 114 STAT. 1001]]
a payment in fiscal year 2000, such payment shall be
continued for a total of eight fiscal years.''.
Sec. 347. (a) Exchange Required.--In exchange for the non-Federal
lands and the additional consideration described in subsection (b), the
Secretary of Agriculture shall convey to Kern County, California, all
right, title, and interest of the United States in and to four parcels
of land under the jurisdiction of the Forest Service in Kern County, as
follows:
(1) Approximately 70 acres known as Camp Owen as depicted on
the map entitled ``Camp Owen'', dated June 15, 2000.
(2) Approximately 4 acres known as Wofford Heights Park as
depicted on the map entitled ``Wofford Heights Park'', dated
June 15, 2000.
(3) Approximately 4 acres known as the French Gulch
maintenance yard as depicted on the map entitled ``French Gulch
Maintenance Yard'', dated June 15, 2000.
(4) Approximately 14 acres known as the Kernville Fish
Hatchery as depicted on the map entitled ``Kernville Fish
Hatchery'', dated June 15, 2000.
(b) Consideration.--
(1) Conveyance of non-federal lands.--As consideration for
the conveyance of the Federal lands referred to in subsection
(a), Kern County shall convey to the Secretary a parcel of land
for fair market value consisting of approximately 52 acres as
depicted on the map entitled ``Greenhorn Mountain Park'',
located in Kern County, California, dated June 18, 2000.
(2) Replacement facility.--As additional consideration for
the conveyance of the storage facility located at the
maintenance yard referred to in subsection (a)(3), Kern County
shall provide a replacement storage facility of comparable size
and condition, as acceptable to the Secretary, at the Greenhorn
Ranger District Lake Isabella Maintenance Yard property.
(3) Cash equalization payment.--As additional consideration
for the conveyance of the Federal lands referred to in
subsection (a), Kern County shall tender a cash equalization
payment specified by the Secretary. The cash equalization
payment shall be based upon an appraisal performed at the option
of the Forest Service pursuant to section 206(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
(c) Conditions on Acceptance.--Title to the non-Federal lands to be
conveyed under this section must be acceptable to the Secretary, and the
conveyance shall be subject to valid existing rights of record. The non-
Federal lands shall conform with the title approval standards applicable
to Federal land acquisitions.
(d) Time for Conveyance.--Subject to subsection (c), the Secretary
shall complete the conveyance of the Federal lands under subsection (a)
within 3 months after Kern County tenders to the Secretary the
consideration required by subsection (b).
(e) Status of Acquired Lands.--Upon approval and acceptance of title
by the Secretary, the non-Federal lands conveyed to the United States
under this section shall become part of Sequoia National Forest, and the
boundaries of the national forest shall be adjusted to include the
acquired lands. The Secretary shall manage the acquired lands for
recreational purposes in accordance with the laws and regulations
pertaining to the National Forest
[[Page 114 STAT. 1002]]
System. For purposes of section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the national
forest, as adjusted pursuant to this section, shall be considered to be
the boundaries of the national forest as of January 1, 1965.
(f) Relationship to Environmental Liability.--In connection with the
conveyances under this section, the Secretary may require such
additional terms and conditions related to environmental liability as
the Secretary considers appropriate to protect the interests of the
United States.
(g) Legal Descriptions.--The exact acreage and legal description of
the real property to be exchanged under this section shall be determined
by a survey or surveys satisfactory to the Secretary. The costs of any
such survey, as well as other administrative costs incurred to execute
the land exchange (other than costs incurred by Kern County to comply
with subsection (h)), shall be divided equally between the Secretary and
Kern County.
(h) Treatment of Existing Utility Lines at Camp Owen.--Upon receipt
of the Federal lands described in subsection (a)(1), Kern County shall
grant an easement, and record the easement in the appropriate office,
for permitted or licensed uses of those lands that are unrecorded as of
the date of the conveyance.
(i) Applicable Law.--Except as otherwise provided in this section,
any exchange of National Forest System land under this section shall be
subject to the laws (including regulations) applicable to the conveyance
and acquisition of land for the National Forest System.
Sec. 348. (a) Establishment.-- <<NOTE: Deadline.>> Not later than
March 1, 2001, the Secretary shall cause to be established an advisory
group to provide continuing expert advice and counsel to the Director of
the National Energy Technology Laboratory (NETL) with respect to the
research and development activities NETL conducts and manages.
(b) Membership.--
(1) In general.--The advisory group shall be composed of--
(A) a balanced group of--
(i) representatives of academia;
(ii) representatives of industry;
(iii) representatives of non-governmental
organizations; and
(iv) representatives of energy regulatory
agencies;
(B) a representative of the DOE's Office of Fossil
Energy;
(C) a representative of the DOE's Office of Energy
Efficiency and Renewable Energy;
(D) a representative of the DOE's Office of Science;
and
(E) others, as appropriate.
(c) Duties.--The advisory group shall provide advice, information,
and recommendations to the Director--
(1) on management and strategic issues affecting the
laboratory; and
(2) on the scientific and technical direction of the
laboratory's R&D program;
(d) Compensation; Support; Procedures.--
[[Page 114 STAT. 1003]]
(1) Compensation and travel.--Members of the advisory group
who are not officers or employees of the United States, while
attending conferences or meetings of the group or otherwise
engaged in its business, or while serving away from their homes
or regular places of business, may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for persons in the
Government service employed intermittently.
(2) Administrative support.--The NETL shall furnish to the
advisory group clerical and administrative support.
(3) Procedures and requirements.--In carrying out its
functions, the advisory group shall comply with the procedures
and requirements that apply to similar groups providing advice
and counsel to entities operating other Department of Energy
laboratories rather than the procedures and requirements that
apply to such a group providing advice directly to a Federal
entity.
Sec. 349. (a) In furtherance of the purposes of the Umpqua Land
Exchange Project (ULEP) and previous Congressional appropriations
therefor, there is hereby appropriated the sum of $4,300,000 to be
derived from the Land and Water Conservation Fund. Such amount shall be
available to the Foundation for Voluntary Land Exchanges
(``Foundation'') working in conjunction with the Secretary of the
Interior, and with the U.S. Bureau of Land Management as the lead
Federal agency, to complete a Final Land Ownership Adjustment Plan
(``Plan'') for the area (``Basin''), comprising approximately 675,000
acres, as generally depicted on a map entitled ``Coast Range-Umpqua
River Basin,'' dated August 2000. No more than 15 percent of this
appropriation shall be used by the agency for defraying administrative
overhead.
(b) In preparing the Plan, the Secretary shall identify, no later
than March 31, 2001, those lands or interests in land with willing
sellers which merit emergency purchase by the United States due to
critical environmental values or possibility of imminent development.
For lands or interests in land so identified, the Secretary and the
Foundation shall arrange with landowners to complete appraisals and
purchase clearances required by law so that the Secretary may thereafter
consummate purchases as soon as funds therefor are appropriated by the
Congress.
(c) Pursuant to the funding and direction of subsection (a), the
Secretary shall, in cooperation with the Foundation, no later than
December 31, 2002, complete the Plan utilizing the Multi-Resource Land
Allocation Model (``Model'') developed for the ULEP. The Plan shall
identify: (1) non-Federal Lands or interests in land in the Basin which,
with the concurrence of willing non-Federal landowners, are recommended
for acquisition or exchange by the United States; (2) Federal lands or
interests in land in the Basin recommended for disposal into non-Federal
ownership in exchange for the acquired lands of equal value; and (3)
specific land exchanges or purchases to implement the
Plan. <<NOTE: Deadline.>> In addition, no later than December 31, 2002,
the Secretary, in cooperation with the Foundation, shall complete a
draft Habitat Conservation Plan (``HCP'') covering the lands to be
disposed of by the United States and consistent with the Plan, a
comprehensive Final Environmental Impact Statement covering the Plan,
and a comprehensive Biological Opinion analyzing the net impacts of the
Plan at Plan scale over time in 5 year increments, taking into
consideration
[[Page 114 STAT. 1004]]
all expected benefits to be achieved by the Plan and HCP, and any
consistency determinations or amendments to any applicable Federal land
management plans. The HCP shall cover all species analyzed in the Model
(including species under the jurisdiction of the Secretary of Commerce).
(d) <<NOTE: Deadline.>> No later than March 31, 2002, the Secretary
and the Foundation shall submit to the Committee on Resources of the
U.S. House of Representatives, Committee on Energy and Natural Resources
of the United States Senate, and the House and Senate Committees on
Appropriations, a joint report summarizing the Plan and the land
exchanges or purchases identified to implement the Plan, and outlining:
(1) any Fiscal Year 2003 funding needed for land purchases; (2) any
recommendations for actions to expedite or facilitate the specific land
exchanges or purchases identified to implement the Plan, or the HCP; and
(3) an action Plan for making the Model publicly available for
additional land exchanges or other purposes upon completion of the
exchanges.
(e) <<NOTE: Deadline.>> No later than June 15, 2003: (1) the
Secretary with the Foundation and the financial participation and
commitment of willing private landowners shall complete appraisals and
other land purchase or exchange clearances required by law, including
those pertaining to cultural and historic resources and hazardous
materials; and (2) the Secretary shall consummate with willing non-
Federal landowners the specific land exchanges previously identified in
subsection (c) to implement the Plan, and together with the Secretary of
Commerce, shall issue the HCP.
Sec. 350. Notwithstanding section 351 of section 101(e) of division
A, Public Law 105-277, the Indian Health Service is authorized to
provide additional contract health service funds to Ketchikan Indian
Corporation's recurring budget for hospital-related services for
patients of Ketchikan Indian Corporation and the Organized Village of
Saxman.
Sec. 351. <<NOTE: Boise Laboratory Replacement Act of 2000.>> (a)
Short Title.--This section may be cited as the ``Boise Laboratory
Replacement Act of 2000''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the existing facilities of the Rocky Mountain
Research Station Boise laboratory are outdated and no
longer serve as a modern research facility;
(B) the Boise laboratory site is in the heart of a
Boise city redevelopment zone, and the existing
laboratory facilities detract from community improvement
efforts;
(C) it is desirable to colocate the Boise laboratory
with 1 of the State institutions of higher learning in
the Boise metropolitan area--
(i) to facilitate communications and sharing
of research data between the agency and the Idaho
scientific community;
(ii) to facilitate development and maintenance
of the Boise laboratory as a modern, high quality
research facility; and
(iii) to reduce costs, better use assets, and
better serve the public; and
(D) it is desirable to make the Boise laboratory
site available for inclusion in a planned facility that
is being developed on adjacent property by the
University of Idaho
[[Page 114 STAT. 1005]]
or the University of Idaho Foundation, a not-for-profit
corporation acting on behalf of the University of Idaho,
as a multiagency research and education facility to
serve various agencies and educational institutions of
the United States and the State.
(2) Purpose.--The purpose of this section is to authorize
the Secretary--
(A) to sell or exchange the land and improvements
currently occupied by the Boise laboratory site; and
(B) to acquire land, facilities, or interests in
land and facilities, including condominium interests, to
colocate the Rocky Mountain Research Station Boise
laboratory with 1 of the State institutions of higher
learning in the Boise metropolitan area, using--
(i) funds derived from sale or exchange of the
existing Boise laboratory site; and
(ii) to the extent the funds received are
insufficient to carry out the acquisition of
replacement research facilities, funds
subsequently made available by appropriation for
the acquisition, construction, or improvement of
the Rocky Mountain Research Station Boise
laboratory.
(c) Definitions.--In this section:
(1) Boise laboratory site.--The term ``Boise laboratory
site'' means the approximately 3.26 acres of land and all
improvements in section 10, T. 3 N., R. 2 E., Boise Meridian, as
depicted on that Plat of Park View Addition to Boise, Ada
County, Idaho, labeled ``Boise Lab Site-May 22, 2000'', located
at 316 East Myrtle Street, Boise, Idaho.
(2) Condominium interest.--The term ``condominium interest''
means an estate in land consisting of (in accordance with law of
the State)--
(A) an undivided interest in common of a portion of
a parcel of real property; and
(B) a separate fee simple interest in another
portion of the parcel.
(3) Fair market value.--The term ``fair market value'' means
the cash value of land on a specific date, as determined by an
appraisal acceptable to the Secretary and prepared in accordance
with the Uniform Appraisal Standards for Federal Land
Acquisitions.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) State.--The term ``State'' means the State of Idaho.
(d) Sale or Exchange of Boise Laboratory Site.--
(1) In general.--The Secretary may, under such terms and
conditions as the Secretary may prescribe and subject to valid
existing rights, sell or exchange any or all right, title, and
interest of the United States in and to the Boise laboratory
site.
(2) Right of first refusal.--
(A) In general.--After a determination of fair
market value of the Boise laboratory site is approved by
the Secretary, the University of Idaho or the University
of Idaho Foundation, a not-for-profit organization
acting on behalf of the University of Idaho, shall be
allowed 210 days from
[[Page 114 STAT. 1006]]
the effective date of value to exercise a right of first
refusal to purchase the Boise laboratory site at fair
market value.
(B) Cooperative development.--If the University of
Idaho or the University of Idaho Foundation exercises
the right of first refusal under paragraph (A), to
accomplish the purpose described in section (b)(2)(B),
the Secretary shall, to the maximum extent practicable,
cooperate with the University of Idaho in the
development of a multiagency research and education
facility on the Boise laboratory site and adjacent
property.
(3) Solicitation of offers.--If the right of first refusal
described in subsection (d)(2) is not exercised, the Secretary
may solicit offers for purchase through sale or competitive
exchange of any and all right, title, and interest of the United
States in and to the Boise laboratory site.
(4) Consideration.--Consideration for sale or exchange of
land under this subsection--
(A) shall be at least equal to the fair market value
of the Boise laboratory site; and
(B) may include land, existing improvements, or
improvements to be constructed to the specifications of
the Secretary, including condominium interests, and
cash, notwithstanding section 206(b) of Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
(5) Rejection of offers.--The Secretary may reject any offer
made under this subsection if the Secretary determines that the
offer is not adequate or not in the public interest.
(e) Disposition of Funds.--
(1) Deposit of proceeds.--The Secretary shall deposit the
proceeds of a sale or exchange under subsection (d) in the fund
established under Public Law 90-171 (16 U.S.C. 484a) (commonly
known as the ``Sisk Act'').
(2) Use of proceeds.--Funds deposited under subsection (a)
shall be available to the Secretary, without further Act of
appropriation, for--
(A) the acquisition of or interest in land, or the
acquisition of or construction of facilities, including
condominium interests--
(i) to colocate the Boise laboratory with 1 of
the State institutions of higher learning in the
Boise metropolitan area; and
(ii) to replace other functions of the Boise
laboratory; and
(B) to the extent the funds are not necessary to
carry out paragraph (A), the acquisition of other land
or interests in land in the State.
TITLE IV--WILDLAND FIRE EMERGENCY APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
For necessary expenses for fire suppression operations, burned areas
rehabilitation, hazardous fuels reduction, and rural fire assistance by
the Department of the Interior, $353,740,000 to remain
[[Page 114 STAT. 1007]]
available until expended, of which $21,829,000 is for hazardous fuels
reduction, $120,300,000 is for removal of hazardous fuels to alleviate
immediate emergency threats to urban wildland interface areas as defined
by the Secretary of Interior, $116,611,000 is for wildfire suppression,
$85,000,000 is for burned areas rehabilitation, and $10,000,000 is for
rural fire assistance: Provided, 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 in entering into such grants or cooperative
agreements, the Secretary may consider the enhancement of local and
small business employment opportunities for rural communities, and that
in entering into procurement contracts under this section on a best
value basis, the Secretary may take into account the ability of an
entity to enhance local and small business employment opportunities in
rural communities, and that the Secretary may award procurement
contracts, grants, or cooperative agreements under this section to
entities that include local non-profit entities, Youth Conservation
Corps or related partnerships, or small or disadvantaged businesses:
Provided further, That funds in this account are also available for
repayment of advances to other appropriation accounts from which funds
were previously transferred for such purposes: Provided further, That
unobligated balances of amounts previously appropriated to the ``Fire
Protection'' and ``Emergency Department of the Interior Firefighting
Fund'' may be transferred and merged with this appropriation: 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
the entire amount appropriated is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That this amount shall be made available only to the extent
that an official budget request for a specific dollar amount, that
includes designation of the entire amount as an emergency requirement as
defined by such Act, is transmitted by the President to the Congress.
[[Page 114 STAT. 1008]]
RELATED AGENY
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
For an additional amount to cover necessary expenses for emergency
rehabilitation, hazard reduction activities in the urban-wildland
interface, support to federal emergency response, repaying firefighting
funds borrowed from programs, and wildfire suppression activities of the
Forest Service, $619,274,000, to remain available until expended, of
which $179,000,000 is for wildfire suppression, $120,000,000 is for
removal of hazardous fuels to alleviate immediate emergency threats to
urban wildland interface areas as defined by the Secretary of
Agriculture, $142,000,000 is for emergency rehabilitation, $44,000,000
is for capital improvement and maintenance of fire facilities,
$16,000,000 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.), $50,494,000 is for state fire
assistance, $8,280,000 is for volunteer fire assistance, $12,000,000 is
for forest health activities on state, private, and federal lands,
$12,500,000 is for economic action programs, and $35,000,000 is for
assistance to non-federal entities most affected by fire using all
existing authorities under the State and Private Forestry appropriation;
and of which $320,274,000 may be transferred to the ``State and Private
Forestry'', ``National Forest System'', ``Forest and Rangeland
Research'', and ``Capital Improvement and Maintenance'' accounts to fund
state fire assistance, volunteer fire assistance, and forest health
management, vegetation and watershed management, heritage site
rehabilitation, wildlife and fish habitat management, trails and
facilities maintenance and restoration: Provided, That transfers of any
amounts in excess of those authorized in this title, shall require
approval of the House and Senate Committees on Appropriations in
compliance with reprogramming procedures contained in House Report No.
105-163: 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 entering into such grants or cooperative
agreements, the Secretary may consider the enhancement of local and
small business employment opportunities for rural communities, and that
in entering into procurement contracts under this section on a best
value basis, the Secretary may take into account the ability of an
entity to enhance local and small business employment opportunities in
rural communities, and that the Secretary may award procurement
contracts, grants, or cooperative agreements under this section to
entities that include local non-profit entities, Youth Conservation
Corps or related partnerships with State, local or non-profit youth
groups, or small or disadvantaged businesses: Provided further, That the
entire amount appropriated is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That this amount shall be made available only to the extent that an
official budget request for a specific dollar amount, that includes
designation of the entire amount as
[[Page 114 STAT. 1009]]
an emergency requirement as defined by such Act, is transmitted by the
President to the Congress: Provided further, That:
(1) In expending the funds provided with respect to this
title for hazardous fuels reduction, the Secretary of the
Interior and the Secretary of Agriculture may conduct fuel
reduction treatments on Federal lands using all contracting and
hiring authorities available to the Secretaries applicable to
hazardous fuel reduction activities under the wildland fire
management accounts. Notwithstanding Federal government
procurement and contracting laws, the Secretaries may conduct
fuel reduction treatments on Federal lands using grants and
cooperative agreements. Notwithstanding Federal government
procurement 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--
(A) local private, nonprofit, or cooperative
entities;
(B) Youth Conservation Corps crews or related
partnerships, with State, local and non-profit youth
groups;
(C) small or micro-businesses; or
(D) other entities that will hire or train a
significant percentage of local people to complete such
contracts. 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.
(2) <<NOTE: Federal Register, publication.>> Within 60 days
after enactment, the Secretary of Agriculture and the Secretary
of the Interior shall, after consultation with State and local
fire-fighting agencies, jointly publish in the Federal Register
a list of all urban wildland interface communities, as defined
by the Secretaries, within the vicinity of Federal lands that
are at high risk from wildfire, as defined by the Secretaries.
This list shall include:
(A) an identification of communities around which
hazardous fuel reduction treatments are ongoing; and
(B) an identification of communities around which
the Secretaries are preparing to begin treatments in
fiscal year 2001.
(3) <<NOTE: Federal Register, publication.>> Prior to May
1, 2001, the Secretary of Agriculture and the Secretary of the
Interior shall jointly publish in the Federal Register a list of
all urban wildland interface communities, as defined by the
Secretaries, within the vicinity of Federal lands and at high
risk from wildfire that are included in the list published
pursuant to paragraph (2) but that are not included in
subparagraphs (A) and (B) of paragraph (2), along with an
identification of reasons, including but not limited to lack of
available funds, why there are no treatments ongoing or being
prepared for these communities.
(4) <<NOTE: Federal Register, publication.>> Within 30 days
after enactment of this Act, the Secretary of Agriculture shall
publish in the Federal Register the Forest Service's Cohesive
Strategy for Protecting People and Sustaining Resources in Fire-
Adapted Ecosystems. The documentation required by section
102(2)(C) of the National Environmental Policy Act accompanying
the proposed regulations revising the National Forest System
transportation policy; proposed roadless area protection
regulation; and proposed
[[Page 114 STAT. 1010]]
Interior Columbia Basin Project; and the Sierra Nevada
Framework/Sierra Nevada Forest Plan shall contain an analysis
and explanation of any differences between the Cohesive Strategy
and the policies and rule-making listed in this paragraph.
Nothing in this title is intended or should require a delay in
the rule-makings listed in this paragraph.
(5)(A) Funds provided to the Secretary of Agriculture by
this title and to the Secretary of the Interior, the Secretary
of Commerce, and the Council on Environmental Quality by this
Act and any other applicable act appropriating funds for fiscal
year 2001 shall be used as necessary to establish and implement
the expedited procedures set forth in this paragraph for
decisions to conduct hazardous fuel reduction treatments
pursuant to paragraphs (1) and (2), and any post-burn treatments
within the perimeters of areas burned by wildfire, on federal
lands.
(B) The Secretary of Agriculture, the Secretary of the
Interior, the Secretary of Commerce, and the Chairman of the
Council on Environmental Quality shall use such funds specified
in subparagraph (A) as necessary to evaluate the need for
revised or expedited environmental compliance procedures
including expedited procedures for the preparation of
documentation required by section 102(2) of the National
Environmental Policy Act (42 U.S.C. 4332(2)) for treatment
decisions referred to in subparagraph (A). <<NOTE: Reports.>>
The Secretary of Agriculture, the Secretary of the Interior, the
Chairman of the Council on Environmental Quality shall report to
the relevant congressional committee of jurisdiction within 60
days of enactment of this Act to apprise the Congress of the
decision to develop any expedited procedures or adopt or
recommend any other measures. Each Secretary may employ any
expedited procedures developed pursuant to this subsection for a
treatment decision when the Secretary determines the procedures
to be appropriate for the decision. These procedures shall
ensure that the period of preparation for environmental
documentation be expedited to the maximum extent practicable.
Each Secretary and the Council shall effect any modifications to
existing regulations and guidance as may be necessary to provide
for the expedited procedures within 180 days of the date of
enactment of this Act.
(C) With the funds specified in subparagraph (A), the
Secretary, as defined in section 3(15) of the Endangered Species
Act of 1973 (16 U.S.C. 1532(15)), may accord priority as
appropriate to consultation or conferencing under section 7 of
such Act (16 U.S.C. 1536) concerning any treatment decision
referred to in subparagraph (A) for which consultation or
conferencing is required.
(D) With the funds specified in subparagraph (A),
administrative review of any treatment decision referred to in
subparagraph (A) shall be conducted as expeditiously as possible
but under no circumstances shall exceed any statutory deadline
applicable to such review.
(E) No provision in this title shall be construed to
override any existing environmental law.
[[Page 114 STAT. 1011]]
TITLE V--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For an additional amount for ``Management of Lands and Resources'',
$17,172,000 to remain available until expended, of which $15,687,000
shall be used to address restoration needs caused by wildland fires and
$1,485,000 shall be used for the treatment of grasshopper and Mormon
Cricket infestations on lands managed by the Bureau of Land Management:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'', $1,500,000, to
remain available until expended, for support of the preparation and
implementation of plans, programs, or agreements, identified by the
State of Idaho, that address habitat for freshwater aquatic species on
non-federal lands in the State voluntarily enrolled in such plans,
programs, or agreements, of which $200,000 shall be made available to
the Boise, Idaho field office to participate in the preparation and
implementation of the plans, programs, or agreements, of which $300,000
shall be made available to the State of Idaho for preparation of the
plans, programs, or agreements, including data collection and other
activities associated with such preparation, and of which $1,000,000
shall be made available to the State of Idaho to fund habitat
enhancement, maintenance, or restoration projects consistent with such
plans, programs, or agreements: Provided, That the entire amount made
available under this paragraph is designated by the Congress as an
emergency requirement under section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
For an additional amount for salmon restoration and conservation
efforts in the State of Maine, $5,000,000, to remain available until
expended, which amount shall be made available to the National Fish and
Wildlife Foundation to carry out a competitively awarded grant program
for State, local, or other organizations in Maine to fund on-the-ground
projects to further Atlantic salmon conservation or restoration efforts
in coordination with the State of Maine and the Maine Atlantic Salmon
Conservation Plan, including projects to: (1) assist in land acquisition
and conservation easements to benefit Atlantic salmon; (2) develop
irrigation and water use management measures to minimize any adverse
effects on salmon habitat; and (3) develop and phase in enhanced
aquaculture cages to minimize escape of Atlantic salmon: Provided, That,
of the amounts appropriated under this paragraph, $2,000,000 shall be
made available to the Atlantic Salmon Commission for salmon restoration
and conservation activities, including installing and upgrading weirs
and fish collection facilities, conducting risk assessments, fish
marking, and salmon genetics studies and testing,
[[Page 114 STAT. 1012]]
and developing and phasing in enhanced aquaculture cages to minimize
escape of Atlantic salmon, and $500,000 shall be made available to the
National Academy of Sciences to conduct a study of Atlantic salmon:
Provided further, That amounts made available under this paragraph shall
be provided to the National Fish and Wildlife Foundation not later than
15 days after the date of enactment of this Act: Provided further, That
the entire amount made available under this paragraph is designated by
Congress as an emergency requirement under section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
construction
For an additional amount for ``Construction'', $8,500,000, to remain
available until expended, to repair or replace buildings, equipment,
roads, bridges, and water control structures damaged by natural
disasters and conduct critical habitat restoration directly necessitated
by natural disasters: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
National Park Service
construction
For an additional amount for ``Construction'', $5,300,000, to remain
available until expended, to repair or replace visitor facilities,
equipment, roads and trails, and cultural sites and artifacts at
national park units damaged by natural disasters: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $2,700,000, to remain available until expended, to repair or
replace stream monitoring equipment and associated facilities damaged by
natural disasters: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian Programs'',
$1,200,000, to remain available until expended, for repair of the
portions of the Yakama Nation's Signal Peak Road that have the most
severe damage: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
[[Page 114 STAT. 1013]]
Office of Special Trustee for American Indians
federal trust programs
For an additional amount for ``Federal Trust Programs'' for
unanticipated trust reform projects and costs related to the ongoing
Cobell litigation, $27,600,000, to remain available until expended:
Provided, That funds provided herein for trust management improvements
and litigation support may, as needed, be transferred to or merged with
the ``Operations of Indian Programs'' account in the Bureau of Indian
Affairs, the ``Salaries and Expenses'' account in the Office of the
Solicitor, the ``Salaries and Expenses'' account in Departmental
Management, the ``Royalty and Offshore Minerals Management'' account in
the Minerals Management Service, and the ``Management of Lands and
Resources'' account in the Bureau of Land Management: Provided further,
That the entire amount provided under this heading is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
state and private forestry
For an additional amount for the Forest Service, notwithstanding any
other provision of law, $9,294,000 for the Alaska Railroad for--
(1) safety related track repair, damage, and control costs
from avalanches, hurricane force winds, and severe winter
storms; and
(2) oil spill clean-up, recovery, and remediation arising
out of the related train derailments,
during the period of winter blizzards beginning December 21, 1999 for
which the President declared a disaster on February 17, 2000 pursuant to
the Stafford Act, as amended, (FEMA DR-1316-AK) as a direct lump sum
payment and an additional $2,000,000 for an avalanche prevention program
in the Chugach National Forest, Kenai National Park, Kenai National
Wildlife Refuge and nearby public lands to remain available until
expended: Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
national forest system
For an additional amount for emergency expenses resulting from
damage from windstorms, $7,249,000 to become available upon enactment of
this Act, and to remain available until expended: Provided, That the
entire amount shall be available only to the extent that the President
submits to Congress an official budget request for a specific dollar
amount that includes designation of the entire amount of the request as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
[[Page 114 STAT. 1014]]
TITLE VI-- <<NOTE: Cabin User Fee Fairness Act of 2000.>> USER FEES
UNDER FOREST SYSTEM RECREATION RESIDENCE PROGRAM
SEC. 601. <<NOTE: 16 USC 6201 note.>> SHORT TITLE.
This title may be cited as the ``Cabin User Fee Fairness Act of
2000''.
SEC. 602. <<NOTE: 16 USC 6201.>> FINDINGS.
Congress finds that--
(1) cabins located on forest land have provided a unique
recreation experience to a large number of cabin owners, their
families, and guests each year since Congress authorized the
recreation residence program in 1915; and
(2) the fact that current appraisal procedures have, in
certain circumstances, been inconsistently applied in
determining fair market values for residential lots demonstrates
that problems exist in accurately reflecting market values.
SEC. 603. <<NOTE: 16 USC 6202.>> PURPOSES.
The purposes of this title are--
(1) to ensure, to the maximum extent practicable, that the
National Forest System recreation residence program is managed
to preserve the opportunity for individual and family-oriented
recreation; and
(2) to develop and implement a more consistent procedure for
determining cabin user fees, taking into consideration the
limitations of an authorization and other relevant market
factors.
SEC. 604. <<NOTE: 16 USC 6203.>> DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' means the Forest Service.
(2) Authorization.--The term ``authorization'' means a
special use permit for the use and occupancy of National Forest
System land by a cabin owner under the authority of the program.
(3) Base cabin user fee.--The term ``base cabin user fee''
means the fee for an authorization that results from the
appraisal of a lot as determined in accordance with sections 606
and 607.
(4) Cabin.--The term ``cabin'' means a privately built and
owned recreation residence that is authorized for use and
occupancy on National Forest System land.
(5) Cabin owner.--The term ``cabin owner'' means--
(A) a person authorized by the agency to use and to
occupy a cabin on National Forest System land; and
(B) an heir or assign of such a person.
(6) Cabin user fee.--The term ``cabin user fee'' means a
special use fee paid annually by a cabin owner to the Secretary
in accordance with this title.
(7) Caretaker cabin.--The term ``caretaker cabin'' means a
caretaker residence occupied in limited cases in which caretaker
services are necessary to maintain the security of a tract.
(8) Current cabin user fee.--The term ``current cabin user
fee'' means the most recent cabin user fee that results from an
annual adjustment to the base cabin user fee in accordance with
section 608.
[[Page 114 STAT. 1015]]
(9) Lot.--The term ``lot'' means a parcel of land in the
National Forest System--
(A) on which a cabin owner is authorized to build,
use, occupy, and maintain a cabin and related
improvements; and
(B) that is considered to be in its natural, native
state at the time at which a use of the lot described in
subparagraph (A) is first permitted by the Secretary.
(10) Natural, native state.--The term ``natural, native
state'' means the condition of a lot or site, free of any
improvements, at the time at which the lot or site is first
authorized for recreation residence use by the agency.
(11) Program.--The term ``program'' means the recreation
residence program established under the authority of the last
paragraph under the heading ``forest service'' in the Act of
March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497).
(12) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(13) Tract.--The term ``tract'' means an established
location within a National Forest containing 1 or more cabins
authorized in accordance with the program.
(14) Tract association.--The term ``tract association''
means a cabin owner association in which all cabin owners within
a tract are eligible for membership.
(15) Typical lot.--The term ``typical lot'' means a cabin
lot, or a group of cabin lots, in a tract that is selected for
use in an appraisal as being representative of, and that has
similar value characteristics as, other lots or groups of lots
within the tract.
SEC. 605. <<NOTE: 16 USC 6204.>> ADMINISTRATION OF RECREATION
RESIDENCE PROGRAM.
The Secretary shall ensure, to the maximum extent practicable, that
the basis and procedure for calculating cabin user fees results in a fee
for an authorization that reflects, in accordance with this title--
(1) the market value of a lot; and
(2) regional and local economic influences.
SEC. 606. <<NOTE: 16 USC 6205.>> APPRAISALS.
(a) Requirements for Conducting Appraisals.--In implementing and
conducting an appraisal process for determining cabin user fees, the
Secretary shall--
(1) complete an inventory of improvements that were paid for
by--
(A) the agency;
(B) third parties; or
(C) cabin owners (or predecessors of cabin owners),
during the completion of which the Secretary shall presume that
a cabin owner, or a predecessor of the owner, has paid for the
capital costs of any utility, access, or facility serving the
lot being appraised, unless the Forest Service produces evidence
that the agency or a third party has paid for the capital costs;
(2) establish an appraisal process to determine the market
value of the fee simple estate of a typical lot or lots
considered to be in a natural, native state, subject to
subsection (b)(4)(A);
[[Page 114 STAT. 1016]]
(3) enter into a contract with an appropriate professional
appraisal organization to manage the development of specific
appraisal guidelines in accordance with subsection (b), subject
to public comment and congressional review;
(4) require that an appraisal be performed by a State-
certified general real estate appraiser, selected by the
Secretary and licensed to practice in the State in which the lot
is located;
(5) provide the appraiser with appraisal guidelines
developed in accordance with this title;
(6) notwithstanding any other provision of law, require the
appraiser to coordinate the appraisal closely with affected
parties by seeking information, cooperation, and advice from
cabin owners and tract associations;
(7) require that the appraiser perform the appraisal in
compliance with--
(A) the most current edition of the Uniform
Standards of Professional Appraisal Practice in effect
on the date of the appraisal;
(B) the most current edition of the Uniform
Appraisal Standards for Federal Land Acquisitions that
is in effect on the date of the appraisal; and
(C) the specific appraisal guidelines developed in
accordance with this title;
(8) require that the appraisal report--
(A) be a full narrative report, in compliance with
the reporting standards of the Uniform Standards of
Professional Appraisal Practice; and
(B) comply with the reporting guidelines established
by the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(9) before accepting any appraisal, conduct a review of the
appraisal to ensure that the guidelines made available to the
appraiser have been followed and that the appraised values are
properly supported.
(b) Specific Appraisal Guidelines.--In the development of specific
appraisal guidelines in accordance with subsection (a)(3), the
instructions to an appraiser shall require, at a minimum, the following:
(1) Appraisal of a typical lot.--
(A) In general.--In conducting an appraisal under
this section, the appraiser--
(i) shall not appraise each individual lot;
(ii) shall appraise a typical lot or lots,
selected by the cabin owners and the agency in a
manner consistent with the policy of the program;
and
(iii) shall be provided, and give appropriate
consideration to, any information contained in the
inventory of improvements relating to the lot
being appraised.
(B) Estimate of market value of typical lot.--
(i) In general.--The appraiser shall estimate
the market value of a typical lot in accordance
with this title.
(ii) Equivalence to legally subdivided lot.--
In selecting a comparable sale under this title,
the appraiser shall recognize that the typical lot
will not usually be equivalent to a legally
subdivided lot.
[[Page 114 STAT. 1017]]
(2) Exception for certain sales of land.--In conducting an
appraisal under this title, the appraiser--
(A) shall not select sales of comparable land that
are sales of land within developed urban areas; and
(B) should not, in most circumstances, select a sale
of comparable land that includes land that is encumbered
by a conservation or recreational easement that is held
by a government or institution, except land that is
limited to use as a site for 1 home.
(3) Adjustments for typical value influences.--
(A) In general.--The appraiser shall consider, and
adjust as appropriate, the price of sales of comparable
land for all typical value influences described in
subparagraph (B).
(B) Value influences.--The typical value influences
referred to in subparagraph (A) include--
(i) differences in the locations of the
parcels;
(ii) accessibility, including limitations on
access attributable to--
(I) weather;
(II) the condition of roads or
trails;
(III) restrictions imposed by the
agency; or
(IV) other factors;
(iii) the presence of marketable timber;
(iv) limitations on, or the absence of,
services such as law enforcement, fire control,
road maintenance, or snow plowing;
(v) the condition and regulatory compliance of
any site improvements; and
(vi) any other typical value influences
described in standard appraisal literature.
(4) Adjustments to sales of comparable parcels.--
(A) Utilities, access, or facilities.--
(i) Agency.--Utilities, access, or facilities
serving a lot that are provided by the agency
shall be included as features of the lot being
appraised.
(ii) Cabin owners.--Utilities, access, or
facilities serving a lot that are provided by the
cabin owner (or a predecessor of the cabin owner)
shall not be included as a feature of the lot
being appraised.
(iii) Third parties.--Utilities, access, or
facilities serving a lot that are provided by a
third party shall not be included as a feature of
the lot being appraised unless, in accordance with
subsection (a)(1), the agency determines that the
capital costs have not been or are not being paid
by the cabin owner (or a predecessor of the cabin
owner).
(iv) Withdrawal of utility or access by
agency.--If, during the term of an authorization,
the agency or an act of God creates a substantial
and materially adverse change in--
(I) the provision or maintenance of
any utility or access; or
(II) a qualitative feature of the
lot or immediate surroundings,
[[Page 114 STAT. 1018]]
the cabin owner shall have the right to request,
and, at the discretion of the Secretary, obtain a
new determination of the base cabin user fee at
the expense of the agency.
(B) Adjustment for exclusion.--In a case in which
any comparable sale includes utilities, access, or
facilities that are to be excluded in the appraisal of
the subject lot, the price of the comparable sale shall
be adjusted, as appropriate.
(C) Adjustment process.--
(i) In general.--The appraiser shall consider
and adjust, as appropriate, the price of each sale
of a comparable parcel for all nonnatural features
referred to in subparagraph (A)(ii) that--
(I)(aa) are present at, or add value
to, the comparable parcel; but
(bb) are not present at the lot
being appraised; or
(II) are not included in the
appraisal as described in subparagraph
(A).
(ii) Adjustments.--
(I) In general.--In a case in which
the price of a parcel sold is to be
adjusted in accordance with subparagraph
(B), the adjustment may be based on an
analysis of market or cost information
or both.
(II) Cost information.--If cost
information is used as the basis of an
adjustment under subclause (I), the cost
information shall be supported by direct
market evidence.
(iii) Analysis of cost information.--An
analysis of cost information under clause (ii)(I)
should include allowances, as appropriate, if the
allowances are consistent with--
(I) the Uniform Standards of
Professional Appraisal Practice in
effect on the date of the analysis; and
(II) the Uniform Appraisal Standards
for Federal Land Acquisition.
(D) Reappraisal for and recalculation of base cabin
user fee.--Periodically, but not less often than once
every 10 years, the Secretary shall recalculate the base
cabin user fee (including conducting any reappraisal
required to recalculate the base cabin user fee).
SEC. 607. <<NOTE: 16 USC 6206.>> CABIN USER FEES.
(a) In General.--The Secretary shall establish the cabin user fee as
the amount that is equal to 5 percent of the market value of the lot, as
determined in accordance with section 606, reflecting an adjustment to
the typical market rate of return due to restrictions imposed by the
permit, including--
(1) the limited term of the authorization;
(2) the absence of significant property rights normally
attached to fee simple ownership; and
(3) the public right of access to, and use of, any open
portion of the lot on which the cabin or other enclosed
improvements are not located.
[[Page 114 STAT. 1019]]
(b) Fee for Caretaker Cabin.--The base cabin user fee for a lot on
which a caretaker cabin is located shall not be greater than the base
cabin user fee charged for the authorized use of a similar typical lot
in the tract.
(c) Annual Cabin User Fee in the Event of Determination Not To
Reissue Authorization.--If the Secretary determines that an
authorization should not be reissued at the end of a term, the Secretary
shall--
(1) establish as the new base cabin user fee for the
remaining term of the authorization the amount charged as the
cabin user fee in the year that was 10 years before the year in
which the authorization expires; and
(2) calculate the current cabin user fee for each of the
remaining 9 years of the term of the authorization by
multiplying--
(A) \1/10\ of the new base cabin user fee; by
(B) the number of years remaining in the term of the
authorization after the year for which the cabin user
fee is being calculated.
(d) Annual Cabin User Fee in Event of Changed Conditions.--If a
review of a decision to convert a lot to an alternative public use
indicates that the continuation of the authorization for use and
occupancy of the cabin by the cabin owner is warranted, and the decision
is subsequently reversed, the Secretary may require the cabin owner to
pay any portion of annual cabin user fees that were forgone as a result
of the expectation of termination of use and occupancy of the cabin by
the cabin owner.
(e) Termination of Fee Obligation in Loss Resulting From Acts of God
or Catastrophic Events.--On a determination by the agency that, because
of an act of God or a catastrophic event, a lot cannot be safely
occupied and the authorization for the lot should accordingly be
terminated, the fee obligation of the cabin owner shall terminate
effective on the date of the occurrence of the act or event.
SEC. 608. <<NOTE: 16 USC 6207.>> ANNUAL ADJUSTMENT OF CABIN USER FEE.
(a) In General.--The Secretary shall adjust the cabin user fee
annually, using a rolling 5-year average of a published price index in
accordance with subsection (b) or (c) that reports changes in rural or
similar land values in the State, county, or market area in which the
lot is located.
(b) Initial Index.--
(1) In general.--For the period of 10 years beginning on the
date of enactment of this title, the Secretary shall use changes
in agricultural land prices in the appropriate State or county,
as reported in the Index of Agricultural Land Prices published
by the Department of Agriculture, to determine the annual
adjustment to the cabin user fee in accordance with subsections
(a) and (d).
(2) Statewide changes.--In determining the annual adjustment
to the cabin user fee for an authorization located in a county
in which agricultural land prices are influenced by the value
influences described in section 606(b)(3), the Secretary shall
use average statewide changes in the State in which the lot is
located.
(c) New Index.--
[[Page 114 STAT. 1020]]
(1) In general.-- <<NOTE: Deadline.>> Not later than 10
years after the date of enactment of this title, the Secretary
may select and use an index other than the method of adjustment
of a cabin user fee described in subsection (b)(2) to adjust a
cabin user fee if the Secretary determines that a different
index better reflects change in the value of a lot over time.
(2) Selection process.--Before selecting a new index, the
Secretary shall--
(A) solicit and consider comments from the public;
and
(B) <<NOTE: Deadline.>> not later than 60 days
before the date on which the Secretary makes a final
index selection, submit any proposed selection of a new
index to--
(i) the Committee on Resources of the House of
Representatives; and
(ii) the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
(d) Limitation.--In calculating an annual adjustment to the base
cabin user fee as determined by the initial index described in section
(b), the Secretary shall--
(1) limit any annual fee adjustment to an amount that is not
more than 5 percent per year when the change in agricultural
land values exceeds 5 percent in any 1 year; and
(2) apply the amount of any adjustment that exceeds 5
percent to the annual fee payment for the next year in which the
change in the index factor is less than 5 percent.
SEC. 609. <<NOTE: 16 USC 6208.>> PAYMENT OF CABIN USER FEES.
(a) Due Date for Payment of Fees.--A cabin user fee shall be prepaid
annually by the cabin owner.
(b) Payment of Equal or Lesser Fee.--If, in accordance with section
607, the Secretary determines that the amount of a new base cabin user
fee is equal to or less than the amount of the current base cabin user
fee, the Secretary shall require payment of the new base cabin user fee
by the cabin owner in accordance with subsection (a).
(c) Payment of Greater Fee.--If, in accordance with section 607, the
Secretary determines that the amount of a new base cabin user fee is
greater than the amount of the current base cabin user fee, the
Secretary shall--
(1) require full payment of the new base cabin user fee in
the first year following completion of the fee determination
procedure if the increase in the amount of the new base cabin
user fee is not more than 100 percent of the current base cabin
user fee; or
(2) phase in the increase over the current base cabin user
fee in approximately equal increments over 3 years if the
increase in the amount of the new base cabin user fee is more
than 100 percent of the current base cabin user fee.
SEC. 610. <<NOTE: 16 USC 6209.>> RIGHT OF SECOND APPRAISAL.
(a) Right of Second Appraisal.--On receipt of notice from the
Secretary of the determination of a new base cabin user fee, the cabin
owner--
(1) not later than 60 days after the date on which the
notice is received, may notify the Secretary of the intent of
the cabin owner to obtain a second appraisal; and
(2) may obtain, within 1 year following the date of receipt
of the notice under this subsection, at the expense of the cabin
[[Page 114 STAT. 1021]]
owner, a second appraisal of the typical lot on which the
initial appraisal was conducted.
(b) Conduct of Second Appraisal.--In conducting a second appraisal,
the appraiser selected by the cabin owner shall--
(1) have qualifications equivalent to the appraiser that
conducted the initial appraisal in accordance with section
606(a)(4);
(2) use the appraisal guidelines used in the initial
appraisal in accordance with section 606(a)(5);
(3) consider all relevant factors in accordance with this
title (including guidelines developed under section 606(a)(3));
and
(4) notify the Secretary of any material differences of fact
or opinion between the initial appraisal conducted by the agency
and the second appraisal.
(c) Request for Reconsideration of Base Cabin User Fee.--A cabin
owner <<NOTE: Deadline.>> shall submit to the Secretary any request for
reconsideration of the base cabin user fee, based on the results of the
second appraisal, not later than 60 days after the receipt of the report
for the second appraisal.
(d) Reconsideration of Base Cabin User Fee.--On receipt of a request
from the cabin owner under subsection (c) for reconsideration of a base
cabin user fee, not later than 60 days after the date of receipt of the
request, the Secretary shall--
(1) review the initial appraisal of the agency;
(2) review the results and commentary from the second
appraisal;
(3) determine a new base cabin user fee in an amount that
is--
(A) equal to the base cabin user fee determined by
the initial or the second appraisal; or
(B) within the range of values, if any, between the
initial and second appraisals; and
(4) notify the cabin owner of the amount of the new base
cabin user fee.
SEC. 611. <<NOTE: 16 USC 6210.>> RIGHT OF APPEAL AND JUDICIAL REVIEW.
(a) Right of Appeal.--Notwithstanding any action of a cabin owner to
exercise rights in accordance with section 610, the Secretary shall by
regulation grant the cabin owner the right to an administrative appeal
of the determination of a new base cabin user fee.
(b) Judicial Review.--A cabin owner that is adversely affected by a
final decision of the Secretary under this title may bring a civil
action in United States district court.
SEC. 612. <<NOTE: 16 USC 6211.>> CONSISTENCY WITH OTHER LAW AND
RIGHTS.
(a) Consistency With Rights of the United States.--Nothing in this
title limits or restricts any right, title, or interest of the United
States in or to any land or resource.
(b) Special Rule for Alaska.--In determining a cabin user fee in the
State of Alaska, the Secretary shall not establish or impose a cabin
user fee or a condition affecting a cabin user fee that is inconsistent
with 1303(d) of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3193(d)).
[[Page 114 STAT. 1022]]
SEC. 613. <<NOTE: 16 USC 6212.>> REGULATIONS.
Not <<NOTE: Deadline.>> later than 2 years after the date of
enactment of this title, the Secretary shall promulgate regulations to
carry out this title.
SEC. 614. <<NOTE: 16 USC 6213.>> TRANSITION PROVISIONS.
(a) Assessment of Annual Fees.--For the period of time determined
under subsection (b), the Secretary shall charge each cabin owner an
annual fee as follows:
(1) Lots not appraised since september 30, 1995.--For a lot
that has not been appraised since September 30, 1995, the annual
fee shall be equal to the amount of the annual fee in effect on
the date of enactment of this title, adjusted annually to
reflect changes in the Implicit Price Deflator-Gross National
Product Index.
(2) Lots appraised on or after september 30, 1995.--
(A) In general.--Except as provided in subparagraph
(B), for a lot that has been appraised on or after
September 30, 1995, the annual fee shall be equal to the
amount of the fee in effect on the date of enactment of
this title, adjusted annually to reflect changes in the
Implicit Price Deflator-Gross National Product Index.
(B) Appraisals resulting in base fee increase.--
(i) In general.--Except as provided in clause
(ii), for a lot that has been appraised on or
after September 30, 1995, for which the appraisal
resulted in an increase of the base fee by an
amount greater than $3,000, the annual fee shall
be equal to the sum of $3,000 plus the amount of
the annual fee in effect on October 1, 1996,
adjusted annually to reflect the percentage change
in the Implicit Price Deflator-Gross National
Product Index.
(ii) Fees paid after request of new appraisal
or peer review.--If--
(I) the cabin owner of a lot
described in clause (i) requests a new
appraisal or peer review under
subsection (c); and
(II) the base cabin user fee
established as a result of the appraisal
or peer review is determined to be an
amount that is 90 percent or more of the
fee in effect for the lot as determined
by an appraisal conducted on or after
September 30, 1995,
the Secretary shall charge the cabin owner, in
addition to the annual fee that would otherwise
have been due under section 609, the difference
between the base cabin user fee determined through
the conduct of the new appraisal or peer review
and the annual fee that would otherwise have been
due under section 609, to be assessed
retroactively for each year beginning with the
year in which the previous appraisal was
conducted, and to be paid in 3 equal annual
installments.
(b) Term.--
(1) Lots not appraised since september 30, 1995.--For a lot
that has not been appraised since September 30, 1995,
[[Page 114 STAT. 1023]]
the Secretary shall charge fees in accordance with subsection
(a)(2)(A) until--
(A) a base cabin user fee is determined in
accordance with--
(i) this title; or
(ii) regulations and policies in effect on the
date of enactment of this title; and
(B) the right of the cabin owner to a second
appraisal under section 610 is exhausted.
(2) Lots appraised on or after september 30, 1995.--For a
lot that has been appraised on or after September 30, 1995, the
Secretary shall charge fees under subsection (a)(2) until--
(A) the cabin owner requests a new appraisal or peer
review, and a base cabin user fee is established, under
subsection (c); or
(B) in the absence of a request for a peer review or
a new appraisal under subsection (c), the date that is 2
years after the date on which the Forest Service
promulgates regulations and policies and develops
appraisal guidelines under this title.
(c) Request For New Appraisal Under New Law.--
(1) In general.--Not later than 2 years after the
promulgation of final regulations and policies and the
development of appraisal guidelines in accordance with section
606(a)(5), cabin owners that are subject to appraisals completed
after September 30, 1995, but before the date of promulgation of
final regulations under section 613, may request, in accordance
with paragraph (2), that the Secretary--
(A) conduct a new appraisal and determine a new base
cabin user fee in accordance with this title; or
(B) commission a peer review of the existing
appraisals in accordance with paragraph (4).
(2) Appraisal groupings by typical lot.--A request for a new
appraisal or for a peer review of existing appraisals under
paragraph (1) shall be made by a majority of the cabin owners in
a group of cabins represented in the appraisal process by a
typical lot.
(3) Conduct of new appraisal.--On receipt of a request for
an appraisal and fee determination in accordance with paragraph
(2), the Secretary shall conduct the new appraisal and fee
determination in accordance with this title.
(4) Peer review of existing appraisals.--
(A) In general.--On receipt of a request for peer
review in accordance with paragraph (2), the Secretary
shall obtain from an independent professional appraisal
organization a review of the appraisal (including any
report on the appraisal) that was used to establish the
estimated fee simple value of the lots within the
subject grouping.
(B) Inconsistency.--If peer review described in
subparagraph (A) results in a determination that an
appraisal or appraisal report includes provisions or
procedures that were implemented or conducted in a
manner inconsistent with this title, the Secretary
shall, as appropriate and in accordance with this
title--
(i) revise an existing base cabin user fee; or
[[Page 114 STAT. 1024]]
(ii) subject to an agreement with the cabin
owners, conduct a new appraisal and fee
determination.
(5) Payment of costs.--Cabin owners and the Secretary shall
share, in equal proportion, the payment of all reasonable costs
of any new appraisal or peer review.
(d) Assumption of New Base Cabin User Fee.--In the absence of a
request under subsection (c) for a new appraisal and fee determination
from a cabin owner whose cabin user fee was determined as a result of an
appraisal conducted after September 30, 1995, but before the date of
promulgation of final regulations under section 613, the Secretary may
consider the base cabin user fee resulting from the appraisal conducted
between September 30, 1995 and the date of promulgation of the final
regulations under section 613 to be the base cabin user fee that
complies with this section.
TITLE VII--TREATMENT OF CERTAIN FUNDS FOR MINER BENEFITS
Sec. 701. (a) Reallocation of Interest.--Notwithstanding any other
provision of law, interest credited to the fund established by section
401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231) for fiscal years 1992 through 1995 not transferred to the Combined
Fund identified in section 402(h)(2) of such Act prior to the date of
enactment of this Act shall be transferred to such Combined Fund--
(1) in such amounts as estimated by the trustees of such
Fund to offset the amount of any deficit in net assets in the
Combined Fund through August 31, 2001;
(2) in the amount of $2,200,000 for the purpose of the
Combined Fund providing a refund of any premium (as described in
section 9704(a) of the Internal Revenue Code of 1988), on a
proportional basis, to those signatory operators or any related
persons to such operators (as defined in section 9701(c) of the
Internal Revenue Code of 1988) who have been denied such refunds
as the result of final judgments or settlements if prior to the
date of enactment of this Act such signatory operator (or any
related persons to such operator)--
(A) had all of its beneficiary assignments made
under section 9706 of the Internal Revenue Code of 1986
voided by the Commissioner of the Social Security
Administration;
(B) was subject to a final judgment or final
settlement of litigation adverse to a claim by such
operator that the assignment of beneficiaries under
section 9706 of the Internal Revenue Code of 1986 was
unconstitutional as applied to it; and
(C) paid to the Combined Fund any premium amount
that had not been refunded; and
(3) in such amounts as necessary for the purpose of the
Combined Fund providing a monthly refund of any premium (as
described in section 9704(a) of the Internal Revenue Code of
1986) paid by an assigned operator (as defined by section
9701(c)(5) of the Internal Revenue Code of 1986) commencing with
the first monthly premium due date after the date of enactment
of this Act and ending August 31, 2001, if according to the
records of the Combined Fund such operator (or any related
persons of such operator)--
[[Page 114 STAT. 1025]]
(A) was not a signatory to the 1981 or later
National Bituminous Coal Wage Agreement or any ``me
too'' agreement related to such Coal Wage Agreement;
(B) reported credit hours to the UMWA 1974 Pension
Plan on fewer than ten classified mine workers in every
month during its last year of operations under the
National Bituminous Coal Wage Agreement of 1978 or any
``me too'' agreement related to such Coal Wage
Agreement;
(C) has had not more than 60 beneficiaries,
including eligible dependents of retired miners,
assigned to it under section 9706 of the Internal
Revenue Code of 1986 not including beneficiary
assignments relieved by the Social Security
Administration;
(D) was assessed premiums by the Combined Fund in
October 1999, made payments pursuant to that assessment
and has no delinquency as of September 30, 2000; and
(E) is not directly engaged in the production or
sale of coal and has no related person engaged in the
production of coal as of September 30, 2000.
(b) Separability Clause.--If any provision of this title or the
application thereof to any person or circumstances is held invalid, the
remainder of the title and the application of such provision to other
persons or circumstances shall not be affected thereby.
TITLE VIII--LAND CONSERVATION, PRESERVATION AND INFRASTRUCTURE
IMPROVEMENT
For activities authorized by law for the acquisition, conservation,
and maintenance of Federal and non-Federal lands and resources, and for
Payments in Lieu of Taxes, in addition to the amounts provided under
previous titles of this Act, $686,000,000, to remain available until
expended, of which $179,000,000 is for the acquisition of lands or
interests in lands; and of which $50,000,000 is for ``National Park
Service, Land Acquisition and State Assistance'' for the state
assistance program; and of which $20,000,000 is for ``Forest Service,
National Forest System'' for inventory and monitoring activities and
planning; and of which $78,000,000 is for ``United States Fish and
Wildlife Service, Cooperative Endangered Species Fund''; and of which
$20,000,000 is for ``United States Fish and Wildlife Service, North
American Wetlands Conservation Fund''; and of which $20,000,000 is for
``United States Geological Survey, Surveys, Investigations, and
Research'' for science and cooperative programs; and of which
$30,000,000 is for ``Forest Service, State and Private Forestry'' for
the Forest Legacy program; and of which $50,000,000 is for ``United
States Fish and Wildlife Service, State Wildlife Grants''; and of which
$20,000,000 is for ``National Park Service, Urban Park and Recreation
Fund''; and of which $15,000,000 is for ``National Park Service,
Historic Preservation Fund'' for grants to states and Indian tribes; and
of which $4,000,000 is for ``Forest Service, State and Private
Forestry'' for urban and community forestry programs; and of which
$50,000,000 is for ``Bureau of Land Management, Payments in Lieu of
Taxes''; and of which $150,000,000 is for ``Federal Infrastructure
Improvement'' for the
[[Page 114 STAT. 1026]]
deferred maintenance needs of the Federal land management agencies:
Provided, That of the funds provided under this heading for the
acquisition of lands or interests in lands, $130,000,000 shall be
available to the Department of the Interior and $49,000,000 shall be
available to the Department of Agriculture, Forest Service: Provided
further, That none of the funds provided under this heading for the
acquisition of lands or interests in lands shall be available until the
House Committee on Appropriations and the Senate Committee on
Appropriations provide to the Secretaries, in writing, a list of
specific acquisitions to be undertaken with such funds: Provided
further, That of the funds provided under this heading for ``Federal
Infrastructure Improvement'' for the deferred maintenance needs of the
Federal land management agencies, $25,000,000 shall be for the Bureau of
Land Management, $25,000,000 shall be for the United States Fish and
Wildlife Service, $50,000,000 shall be for the National Park Service and
$50,000,000 shall be for the Forest Service.
Sec. 801. (a) Categories.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended--
(1) in paragraph (6), by--
(A) in subparagraph (B), by striking ``and'' after
the semicolon;
(B) in subparagraph (C), by inserting ``and'' after
the semicolon; and
(C) adding at the end the following:
``(D) for the conservation spending category:
$1,760,000,000, in new budget authority and
$1,232,000,000 in outlays;'';
(2) in paragraph (7), by--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) adding at the end the following:
``(C) for the conservation spending category:
$1,920,000,000, in new budget authority and
$1,872,000,000 in outlays;''; and
(3) by inserting after paragraph (7) the following:
``(8) with respect to fiscal year 2004 for the conservation
spending category: $2,080,000,000, in new budget authority and
$2,032,000,000 in outlays;
``(9) with respect to fiscal year 2005 for the conservation
spending category: $2,240,000,000, in new budget authority and
$2,192,000,000 in outlays;
``(10) with respect to fiscal year 2006 for the conservation
spending category: $2,400,000,000, in new budget authority and
$2,352,000,000 in outlays;
``(11) with respect to each fiscal year 2002 through 2006
for the Federal and State Land and Water Conservation Fund sub-
category of the conservation spending category: $540,000,000 in
new budget authority and the outlays flowing therefrom;
``(12) with respect to each fiscal year 2002 through 2006
for the State and Other Conservation sub-category of the
conservation spending category: $300,000,000 in new budget
authority and the outlays flowing therefrom;
[[Page 114 STAT. 1027]]
``(13) with respect to each fiscal year 2002 through 2006
for the Urban and Historic Preservation sub-category of the
conservation spending category: $160,000,000 in new budget
authority and the outlays flowing therefrom;
``(14) with respect to each fiscal year 2002 through 2006
for the Payments in Lieu of Taxes sub-category of the
conservation spending category: $50,000,000 in new budget
authority and the outlays flowing therefrom;
``(15) with respect to each fiscal year 2002 through 2006
for the Federal Deferred Maintenance sub-category of the
conservation spending category: $150,000,000 in new budget
authority and the outlays flowing therefrom;
``(16) with respect to fiscal year 2002 for the Coastal
Assistance sub-category of the conservation spending category:
$440,000,000 in new budget authority and the outlays flowing
therefrom; with respect to fiscal year 2003 for the Coastal
Assistance sub-category of the conservation spending category:
$480,000,000 in new budget authority and the outlays flowing
therefrom; with respect to fiscal year 2004 for the Coastal
Assistance sub-category of the conservation spending category:
$520,000,000 in new budget authority and the outlays flowing
therefrom; with respect to fiscal year 2005 for the Coastal
Assistance sub-category of the conservation spending category:
$560,000,000 in new budget authority and the outlays flowing
therefrom; and with respect to fiscal year 2006 for the Coastal
Assistance sub-category of the conservation spending category:
$600,000,000 in new budget authority and the outlays flowing
therefrom;''.
(b) Addition to Discretionary Spending Limits.--Section 251(b)(2) of
the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)) is amended by adding at the end the following:
``(H) Conservation spending.--(i) If a bill or
resolution making appropriations for any fiscal year
appropriates an amount for the conservation spending
category that is less than the limit for the
conservation spending category as specified in
subsection (c), then the adjustment for new budget
authority and outlays for the following fiscal year for
that category shall be the amount of new budget
authority and outlays that equals the difference between
the amount appropriated and the amount of that category
specified in subsection (c).
``(ii) If a bill or resolution making appropriations
for any fiscal year appropriates an amount for any
conservation spending sub-category that is less than the
limit for that conservation spending sub-category as
specified in subsections (c)(11)-(c)(16), then the
adjustment for new budget authority for the following
fiscal year for that sub-category shall be the amount of
new budget authority that equals the difference between
the amount appropriated and the amount of that sub-
category specified in subsection (c)(11)-(c)(16).
``(iii) The total amount provided for any
conservation activity within the conservation spending
category may not exceed any authorized ceiling for that
activity.''.
[[Page 114 STAT. 1028]]
(c) Categories Defined.--Section 250(c)(4) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(4)) is
amended by adding at the end the following:
``(E) The term `conservation spending category'
means discretionary appropriations for conservation
activities in the following budget accounts or portions
thereof providing appropriations to preserve and protect
lands, habitat, wildlife, and other natural resources,
to provide recreational opportunities, and for related
purposes:
``(i) 14-5033 Bureau of Land Management Land
Acquisition.
``(ii) 14-5020 Fish and Wildlife Service Land
Acquisition.
``(iii) 14-5035 National Park Service Land
Acquisition and State Assistance.
``(iv) 12-9923 Forest Service Land
Acquisition.
``(v) 14-5143 Fish and Wildlife Service
Cooperative Endangered Species Conservation Fund.
``(vi) 14-5241 Fish and Wildlife Service North
American Wetlands Conservation Fund.
``(vii) 14-1694 Fish and Wildlife Service
State Wildlife Grants.
``(viii) 14-0804 United States Geological
Survey Surveys, Investigations, and Research, the
State Planning Partnership programs: Community/
Federal Information Partnership, Urban Dynamics,
and Decision Support for Resource Management.
``(ix) 12-1105 Forest Service State and
Private Forestry, the Forest Legacy Program, Urban
and Community Forestry, and Smart Growth
Partnerships.
``(x) 14-1031 National Park Service Urban Park
and Recreation Recovery program.
``(xi) 14-5140 National Park Service Historic
Preservation Fund.
``(xii) Youth Conservation Corps.
``(xiii) 14-1114 Bureau of Land Management
Payments in Lieu of Taxes.
``(xiv) Federal Infrastructure Improvement (as
established in title VIII of the Department of the
Interior and Related Agencies Appropriations Act,
2001).
``(xv) 13-1460 NOAA Procurement Acquisition
and Construction, the National Marine Sanctuaries
and the National Estuarine Research Reserve
Systems.
``(xvi) 13-1450 NOAA Operations, Research, and
Facilities, the Coastal Zone Management Act
programs, the National Marine Sanctuaries, the
National Estuarine Research Reserve Systems, and
Coral Restoration programs.
``(xvii) 13-1451 NOAA Pacific Coastal Salmon
Recovery.
``(F) The term `Federal and State Land and Water
Conservation Fund sub-category' means discretionary
appropriations for activities in the accounts described
in (E)(i)-(E)(iv) or portions thereof.
``(G) The term `State and Other Conservation sub-
category' means discretionary appropriations for
activities in
[[Page 114 STAT. 1029]]
the accounts described in (E)(v)-(E)(ix), with the
exception of Urban and Community Forestry as described
in (E)(ix), or portions thereof.
``(H) The term `Urban and Historic Preservation sub-
category' means discretionary appropriations for
activities in the accounts described in (E)(ix)-
(E)(xii), with the exception of Forest Legacy and Smart
Growth Partnerships as described in (E)(ix), or portions
thereof.
``(I) The term `Payments in Lieu of Taxes sub-
category' means discretionary appropriations for
activities in the account described in (E)(xiii) or
portions thereof.
``(J) The term `Federal Deferred Maintenance sub-
category' means discretionary appropriations for
activities in the account described in (E)(xiv) or
portions thereof.
``(K) The term `Coastal Assistance sub-category'
means discretionary appropriations for activities in the
accounts described in (E)(xv)-(E)(xvii) or portions
thereof.''.
TITLE IX
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit of an additional amount into the account established
under section 3113(d) of title 31, United States Code, to reduce the
public debt, $5,000,000,000.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 2001''.
Approved October 11, 2000.
LEGISLATIVE HISTORY--H.R. 4578:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-646 (Comm. on Appropriations) and No. 106-914
(Comm. of Conference).
SENATE REPORTS: No. 106-312 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 146 (2000):
June 13-15, considered and passed House.
July 10, 12, 17, 18, considered and passed Senate, amended.
Oct. 3, House agreed to conference report.
Oct. 3-5, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Oct. 11, Presidential statement and remarks.
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