[107th Congress Public Law 63]
[From the U.S. Government Printing Office]
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[DOCID: f:publ063.107]
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DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 2002
[[Page 115 STAT. 414]]
Public Law 107-63
107th Congress
An Act
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2002, and for other
purposes. <<NOTE: Nov. 5, 2001 - [H.R. 2217]>>
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, 2002.>> 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, 2002, 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)), $775,632,000, to remain
available until expended, of which $1,000,000 is for high priority
projects which shall be carried out by the Youth Conservation Corps,
defined in section 250(c)(4)(E) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for the purposes of such Act;
of which $4,000,000 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 2002 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, $32,298,000 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
[[Page 115 STAT. 415]]
from annual mining claim fees so as to result in a final appropriation
estimated at not more than $775,632,000, 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 shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors: Provided further,
That of the amount provided, $28,000,000 is for the conservation
activities defined in section 250(c)(4)(E) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for the purposes of
such Act: Provided further, That fiscal year 2001 balances in the
Federal Infrastructure Improvement account for the Bureau of Land
Management shall be transferred to and merged with this appropriation,
and shall remain available until expended.
wildland fire management
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $624,421,000, to remain available until expended, of
which not to exceed $19,774,000 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:
Provided further, That using the amounts designated under this title of
this Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous fuels
reduction activities, and for training and monitoring associated with
such hazardous fuels reduction activities, on Federal land, or on
adjacent non-Federal land for activities that benefit resources on
Federal land: Provided further, That the costs of implementing any
cooperative agreement between the Federal government and any non-Federal
entity may be shared, as mutually agreed on by the affected parties:
Provided further, That 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
[[Page 115 STAT. 416]]
funds appropriated under this head may be used to reimburse the United
States Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act in connection with
wildland fire management activities.
For an additional amount to cover necessary expenses for burned
areas rehabilitation and fire suppression by the Department of the
Interior, $54,000,000, to remain available until expended, of which
$34,000,000 is for wildfire suppression and $20,000,000 is for burned
areas rehabilitation: Provided, That the Congress designates the entire
amount 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 $54,000,000 shall be available only to
the extent an official budget request, that includes designation of the
$54,000,000 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.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$9,978,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party
in advance of or as reimbursement for remedial action or response
activities conducted by the Department pursuant to section 107 or 113(f)
of such Act, shall be credited to this account to be available until
expended without further appropriation: Provided further, That such sums
recovered from or paid by any party are not limited to monetary payments
and may include stocks, bonds or other personal or real property, which
may be retained, liquidated, or otherwise disposed of by the Secretary
and which shall be credited to this account.
construction
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $13,076,000, 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), $210,000,000, of which not to exceed
$400,000 shall be available for administrative expenses and of which
$50,000,000 is for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act: 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.
[[Page 115 STAT. 417]]
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, $49,920,000, to be derived from
the Land and Water Conservation Fund, to remain available until
expended, and to be for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act.
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; $105,165,000, 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.
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.
[[Page 115 STAT. 418]]
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579, as amended, and Public Law 93-153, to remain
available until expended: Provided, <<NOTE: 43 USC 1735 note.>> That
notwithstanding any provision to the contrary of section 305(a) of
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will
be received pursuant to that section, whether as a result of forfeiture,
compromise, or settlement, if not appropriate for refund pursuant to
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and
may be expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the action of a
resource developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such action are
used on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed to
repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on her certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing either
in cash or in services, and the Bureau determines the cooperator is
capable of meeting accepted quality standards: <<NOTE: 30 USC
28f.>> Provided further, That section 28f(a) of title 30, United States
Code, is amended:
(1) In section 28f(a), by striking the first sentence and
inserting, ``The holder of each unpatented mining claim, mill,
[[Page 115 STAT. 419]]
or tunnel site, located pursuant to the mining laws of the
United States, whether located before, on or after the enactment
of this Act, shall pay to the Secretary of the Interior, on or
before September 1 of each year for years 2002 through 2003, a
claim maintenance fee of $100 per claim or site''; and
(2) <<NOTE: 30 USC 28g.>> In section 28g, by striking ``and
before September 30, 2001'' and inserting in lieu thereof ``and
before September 30, 2003''.
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, $850,597,000, to remain available until September 30,
2003, except as otherwise provided herein, of which $29,000,000 is for
conservation activities defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act: Provided, That fiscal year 2001 balances in the
Federal Infrastructure Improvement account for the United States Fish
and Wildlife Service shall be transferred to and merged with this
appropriation, and shall remain available until expended: Provided
further, That 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 further, That $2,000,000 is
for high priority projects which shall be carried out by the Youth
Conservation Corps, defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act: Provided further, That not to exceed $9,000,000
shall be used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act, as amended, for species that
are indigenous to the United States (except for processing petitions,
developing and issuing proposed and final regulations, and taking any
other steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $6,000,000 shall
be used for any activity regarding the designation of critical habitat,
pursuant to subsection (a)(3), excluding litigation support, for species
already listed pursuant to subsection (a)(1) as of the date of enactment
this Act: Provided further, That of the amount available for law
enforcement, up to $400,000 to remain available until expended, may at
the discretion of the Secretary, be used for payment for information,
rewards, or evidence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of enforcement
activity, authorized or approved by the Secretary and to be accounted
for solely on her certificate: Provided further, That of the amount
provided for environmental contaminants, up to $1,000,000 may remain
available until expended for contaminant sample analyses.
[[Page 115 STAT. 420]]
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;
$55,543,000, to remain available until expended.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, $99,135,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended, and to be for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act: Provided, That none of
the funds appropriated for specific land acquisition projects can be
used to pay for any administrative overhead, planning or other
management costs except that, in fiscal year 2002 only, not to exceed
$2,500,000 may be used consistent with the Service's cost allocation
methodology: <<NOTE: 16 USC 668dd note.>> Provided further, That the
United States Fish and Wildlife Service is authorized to purchase the
common stock of Yauhannah Properties, Inc. for the purposes of inclusion
of real property owned by that corporation into the Waccamaw National
Wildlife Refuge.
landowner incentive program
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for private conservation efforts to be
carried out on private lands, $40,000,000, to be derived from the Land
and Water Conservation Fund, to remain available until expended, and to
be for conservation spending category activities pursuant to section
251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, for the purposes of discretionary spending limits: Provided,
That the amount provided herein is for a Landowner Incentive Program
established by the Secretary that provides matching, competitively
awarded grants to States, the District of Columbia, Tribes, Puerto Rico,
Guam, the United States Virgin Islands, the Northern Mariana Islands,
and American Samoa, to establish, or supplement existing, landowner
incentive programs that provide technical and financial assistance,
including habitat protection and restoration, to private landowners for
the protection and management of habitat to benefit federally listed,
proposed, or candidate species, or other at-risk species on private
lands.
stewardship grants
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for private conservation efforts to be
carried out on private lands, $10,000,000, to be derived from the Land
and Water Conservation Fund, to remain available
[[Page 115 STAT. 421]]
until expended, and to be for conservation spending category activities
pursuant to section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of discretionary
spending limits: Provided, That the amount provided herein is for the
Secretary to establish a Private Stewardship Grants Program to provide
grants and other assistance to individuals and groups engaged in private
conservation efforts that benefit federally listed, proposed, or
candidate species, or other at-risk species.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $96,235,000, to
be derived from the Cooperative Endangered Species Conservation Fund, to
remain available until expended, and to be for the conservation
activities defined in section 250(c)(4)(E) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for the purposes of
such Act.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $14,414,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233, as amended,
$43,500,000, to remain available until expended and to be for the
conservation activities defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act: Provided, That, notwithstanding any other
provision of law, amounts in excess of funds provided in fiscal year
2001 shall be used only for projects in the United States.
neotropical migratory bird conservation
For financial assistance for projects to promote the conservation of
neotropical migratory birds in accordance with the Neotropical Migratory
Bird Conservation Act, Public Law 106-247 (16 U.S.C. 6101-6109),
$3,000,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245,
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5301-5306), and the Great Ape Conservation Act of 2000
(16 U.S.C. 6301), $4,000,000, to remain available until
expended: <<NOTE: 22 USC 2799aa-1 note.>> Provided, That funds made
available under this Act, Public Law 106-291, and Public Law 106-554 and
hereafter in annual appropriations Acts for rhinoceros, tiger, Asian
elephant, and great ape 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).
[[Page 115 STAT. 422]]
state wildlife grants
(including rescission of funds)
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and federally recognized
Indian tribes under the provisions of the Fish and Wildlife Act of 1956
and the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished, $85,000,000,
to be derived from the Land and Water Conservation Fund, to remain
available until expended, and to be for the conservation activities
defined in section 250(c)(4)(E) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for the purposes of such Act:
Provided, That of the amount provided herein, $5,000,000 is for a
competitive grant program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That the Secretary
shall, after deducting said $5,000,000 and administrative expenses,
apportion the amount provided herein in the following manner: (A) to the
District of Columbia and to the Commonwealth of Puerto Rico, each a sum
equal to not more than one-half of 1 percent thereof: and (B) to Guam,
American Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands, each a sum equal to not more than one-
fourth of 1 percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (A) one-third of
which is based on the ratio to which the land area of such State bears
to the total land area of all such States; and (B) two-thirds of which
is based on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That the amounts
apportioned under this paragraph shall be adjusted equitably so that no
State shall be apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph for any fiscal
year or more than 5 percent of such amount: Provided further, That the
Federal share of planning grants shall not exceed 75 percent of the
total costs of such projects and the Federal share of implementation
grants shall not exceed 50 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects may not be
derived from Federal grant programs: Provided further, That no State,
territory, or other jurisdiction shall receive a grant unless it has
developed, or committed to develop by October 1, 2005, a comprehensive
wildlife conservation plan, consistent with criteria established by the
Secretary of the Interior, that considers the broad range of the State,
territory, or other jurisdiction's wildlife and associated habitats,
with appropriate priority placed on those species with the greatest
conservation need and taking into consideration the relative level of
funding available for the conservation of those species: Provided
further, That any amount apportioned in 2002 to any State, territory, or
other jurisdiction that remains unobligated as of September 30, 2003,
shall be reapportioned, together with funds appropriated in 2004, in the
manner provided herein.
Of the amounts appropriated in title VIII of Public Law 106-291,
$25,000,000 for State Wildlife Grants are rescinded.
[[Page 115 STAT. 423]]
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 74
passenger motor vehicles, of which 69 are for replacement only
(including 32 for police-type use); repair of damage to public roads
within and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United States has
title, and which are used pursuant to law in connection with management
and investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as replacements
for existing aircraft: Provided further, That notwithstanding any other
provision of law, the Secretary of the Interior may not spend any of the
funds appropriated in this Act for the purchase of lands or interests in
lands to be used in the establishment of any new unit of the National
Wildlife Refuge System unless the purchase is approved in advance by the
House and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in 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, $1,476,977,000, of which $10,869,000 for
research, planning and interagency coordination in support of land
acquisition for Everglades restoration shall remain available until
expended; and of which $72,640,000, to remain available until September
30, 2003, is for maintenance repair or rehabilitation projects for
constructed assets, operation of the National Park Service automated
facility management software system, and comprehensive facility
condition assessments; and of which $2,000,000 is for the Youth
Conservation Corps, defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act, for high priority projects: Provided, That the
only funds in this account which may be made available to support United
States Park Police are those funds approved for emergency law and order
incidents pursuant to established National Park Service procedures,
those funds needed to maintain and repair United States Park Police
administrative facilities, and those funds necessary to reimburse the
United States Park Police account for the unbudgeted overtime and travel
costs associated with special
[[Page 115 STAT. 424]]
events for an amount not to exceed $10,000 per event subject to the
review and concurrence of the Washington headquarters office: Provided
further, That none of the funds in this or any other Act may be used to
fund a new Associate Director position for Partnerships.
united states park police
For expenses necessary to carry out the programs of the United
States Park Police, $65,260,000.
contribution for annuity benefits
For <<NOTE: 16 USC 14e.>> reimbursement (not heretofore made),
pursuant to provisions of Public Law 85-157, to the District of Columbia
on a monthly basis for benefit payments by the District of Columbia to
United States Park Police annuitants under the provisions of the
Policeman and Fireman's Retirement and Disability Act (Act), to the
extent those payments exceed contributions made by active Park Police
members covered under the Act, such amounts as hereafter may be
necessary: Provided, That hereafter the appropriations made to the
National Park Service shall not be available for this purpose.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $66,159,000, of which
$500,000 are for grants pursuant to the National Underground Railroad
Network to Freedom Act of 1988 (16 U.S.C. 469l, as amended).
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.),
$30,000,000, to remain available until expended and to be for the
conservation activities defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act.
historic preservation fund
For expenses necessary in carrying out the Historic Preservation Act
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333), $74,500,000, to be
derived from the Historic Preservation Fund, to remain available until
September 30, 2003, and to be for the conservation activities defined in
section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control Control Act of 1985, as amended, for the purposes of such Act:
Provided, That, of the amount provided herein, $2,500,000, to remain
available until expended, is for a grant for the perpetual care and
maintenance of National Trust Historic Sites, as authorized under 16
U.S.C. 470a(e)(2), to be made available in full upon signing of a grant
agreement: Provided further, That, notwithstanding any other provision
of law, these funds shall be available for investment
[[Page 115 STAT. 425]]
with the proceeds to be used for the same purpose as set out herein:
Provided further, That of the total amount provided, $30,000,000 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,
$366,044,000, to remain available until expended, of which $66,851,000
is for conservation activities defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act: Provided, That of the amount provided for
Cuyahoga National Park, $200,000 may be used for the Cuyahoga Valley
Scenic Railroad platform and station in Canton, Ohio.
land and water conservation fund
(rescission)
The <<NOTE: 16 USC 460l-10a note.>> contract authority provided for
fiscal year 2002 by 16 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, $274,117,000, to be derived from the Land
and Water Conservation Fund, to remain available until expended, and to
be for the conservation activities defined in section 250(c)(4)(E) of
the Balanced Budget and Emergency Deficit Control of 1985, as amended,
for the purposes of such Act, of which $144,000,000 is for the State
assistance program including $4,000,000 to administer the State
assistance program, and of which $11,000,000 shall be for grants, not
covering more than 50 percent of the total cost of any acquisition to be
made with such funds, to States and local communities for purposes of
acquiring lands or interests in lands to preserve and protect Civil War
battlefield sites identified in the July 1993 Report on the Nation's
Civil War Battlefields prepared by the Civil War Sites
[[Page 115 STAT. 426]]
Advisory Commission: Provided, That lands or interests in land acquired
with Civil War battlefield grants shall be subject to the requirements
of paragraph 6(f)(3) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-8(f)(3)): Provided further, That of the amounts provided
under this heading, $15,000,000 may be for Federal grants 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; and
$16,000,000 may be for project modifications authorized by section 104
of the Everglades National Park Protection and Expansion Act: 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.
administrative provisions
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 315 passenger motor vehicles, of which 256
shall be for replacement only, including not to exceed 237 for police-
type use, 11 buses, and 8 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to process any
grant or contract documents which do not include the text of 18 U.S.C.
1913: <<NOTE: Reports.>> Provided further, That none of the funds
appropriated to the National Park Service may be used to implement an
agreement for the redevelopment of the southern end of Ellis Island
until such agreement has been submitted to the Congress and shall not be
implemented prior to the expiration of 30 calendar days (not including
any day in which either House of Congress is not in session because of
adjournment of more than 3 calendar days to a day certain) from the
receipt by the Speaker of the House of Representatives and the President
of the Senate of a full and comprehensive report on the development of
the southern end of Ellis Island, including the facts and circumstances
relied upon in support of the proposed project.
None of the funds in this Act may be spent by the National Park
Service for activities taken in direct response to the United Nations
Biodiversity Convention.
The National Park Service may distribute to operating units based on
the safety record of each unit the costs of programs designed to improve
workplace and employee safety, and to encourage employees receiving
workers' compensation benefits pursuant to chapter 81 of title 5, United
States Code, to return to appropriate positions for which they are
medically able.
Notwithstanding any other provision of law, the National Park
Service may convey a leasehold or freehold interest in Cuyahoga NP to
allow for the development of utilities and parking needed to support the
historic Everett Church in the village of Everett, Ohio.
[[Page 115 STAT. 427]]
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; $914,002,000, of which $64,318,000 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 $8,000,000
shall remain available until expended for satellite operations; and of
which $26,374,000 shall be available until September 30, 2003 for the
operation and maintenance of facilities and deferred maintenance; and of
which $166,389,000 shall be available until September 30, 2003 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 of the amount provided herein,
$25,000,000 is for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act: <<NOTE: 43 USC
50.>> Provided further, That no part of this appropriation shall be used
to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
The amount appropriated for the United States Geological Survey
shall be available for the purchase of not to exceed 53 passenger motor
vehicles, of which 48 are for replacement only; reimbursement to the
General Services Administration for security guard services; contracting
for the furnishing of topographic maps and for the making of geophysical
or other specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and maintenance
of necessary buildings and appurtenant facilities; acquisition of lands
for gauging stations and observation wells; expenses of the United
States National Committee on Geology; and payment of compensation and
expenses of persons on the rolls of the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by appropriations
herein made may be accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302 et seq.
[[Page 115 STAT. 428]]
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, $150,667,000, of which $83,344,000, shall be available
for royalty management activities; and an amount not to exceed
$102,730,000, 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 $102,730,000 in additions to
receipts are not realized from the sources of receipts stated above, the
amount needed to reach $102,730,000 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, 2003: 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 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, $6,105,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
[[Page 115 STAT. 429]]
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; $102,800,000: Provided, That the
Secretary of the Interior, pursuant to regulations, may use directly or
through grants to States, moneys collected in fiscal year 2002 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, <<NOTE: 30 USC 1211
note.>> That appropriations for the Office of Surface Mining Reclamation
and Enforcement may provide for the travel and per diem expenses of
State and tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
including the purchase of not more than 10 passenger motor vehicles for
replacement only, $203,455,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until expended;
of which up to $10,000,000, to be derived from the Federal Expenses
Share of the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage from coal
mines, and for associated activities, through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum program States will
be $1,500,000 per State in fiscal year 2002: 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 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, in addition to the
amount granted to the Commonwealth of Pennsylvania under sections 402
(g)(1) and 402(g)(5) of the Surface Mining Control and Reclamation Act
(Act), an additional $500,000 will be specifically used for the purpose
[[Page 115 STAT. 430]]
of conducting a demonstration project 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: 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, $1,799,809,000, to remain
available until September 30, 2003 except as otherwise provided herein,
of which not to exceed $89,864,000 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 $130,209,000 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 2002, 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 $3,000,000 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 $436,427,000 for school operations costs of
Bureau-funded schools and other education programs shall become
available on July 1, 2002, and shall remain available until September
30, 2003; and of which not to exceed $58,540,000 shall remain available
until expended for housing improvement, road maintenance, attorney fees,
litigation support, the Indian Self-Determination Fund, land records
improvement, and the Navajo-Hopi Settlement Program: Provided, That
notwithstanding any other provision of law, including but not limited to
the Indian Self-Determination Act of 1975, as amended, and 25 U.S.C.
2008, not to exceed $43,065,000 within and only from such amounts made
available for school operations shall be available to tribes and tribal
organizations for administrative cost
[[Page 115 STAT. 431]]
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, 2003, may be transferred during fiscal
year 2004 to an Indian forest land assistance account established for
the benefit of such tribe within the tribe's trust fund
account: <<NOTE: Expiration date.>> Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2004.
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, $357,132,000, 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 2002,
in implementing new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100-297, as amended, the
Secretary of the Interior shall use the Administrative and Audit
Requirements and Cost Principles for Assistance Programs contained in 43
CFR part 12 as the regulatory requirements: Provided further, That such
grants shall not be subject to section 12.61 of 43 CFR; the Secretary
and the grantee shall negotiate and determine a schedule of payments for
the work to be performed: Provided further, That in considering
applications, the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in assuring that the construction
projects conform to applicable building standards and codes and Federal,
tribal, or State health and safety standards as required by 25 U.S.C.
2005(a), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements contained in 25
U.S.C. 2505(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2508(e): Provided further, That
notwithstanding any other provision of law, not to exceed $450,000 in
collections from settlements between the United States and contractors
concerning the Dunseith Day School are to be made available for school
construction in fiscal year 2002 and thereafter.
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $60,949,000, to remain available
until expended; of which $24,870,000 shall be available
[[Page 115 STAT. 432]]
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 $7,950,000 shall be
available for future water supplies facilities under Public Law 106-163;
of which $21,875,000 shall be available pursuant to Public Laws 99-264,
100-580, 106-263, 106-425, 106-554, and 106-568; and of which $6,254,000
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 $75,000,000.
In addition, for administrative expenses to carry out the guaranteed
loan programs, $486,000.
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
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
[[Page 115 STAT. 433]]
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'').
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $78,950,000, of which:
(1) $74,422,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and brown
tree snake control and research; grants to the judiciary in American
Samoa for compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in addition to
current local revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as authorized
by law; grants to the Government of Guam, as authorized by law; and
grants to the Government of the Northern Mariana Islands as authorized
by law (Public Law 94-241; 90 Stat. 272); and (2) $4,528,000 shall be
available for salaries and expenses of the Office of Insular Affairs:
Provided, That all <<NOTE: 48 USC 1469b.>> 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 funds provided herein for American Samoa
government operations, the Secretary is directed to use up to $20,000 to
increase compensation of the American Samoa High Court Justices:
Provided further, That of the amounts provided for technical assistance,
not to exceed
[[Page 115 STAT. 434]]
$2,000,000 shall be made available for transfer to the Disaster
Assistance Direct Loan Financing Account of the Federal Emergency
Management Agency for the purpose of covering the cost of forgiving the
repayment obligation of the Government of the Virgin Islands on
Community Disaster Loan 841, 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
the funds for the program of operations and maintenance improvement are
appropriated to institutionalize routine operations and maintenance
improvement of capital infrastructure (with territorial participation
and cost sharing to be determined by the Secretary based on the grantees
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, $23,245,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $67,741,000, of which not to exceed $8,500 may be for official
reception and representation expenses, and of which up to $1,000,000
shall be available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the United
States Bureau of Mines.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $45,000,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$34,302,000, of which $3,812,000 shall be for procurement by contract of
independent auditing services to audit the consolidated Department of
the Interior annual financial statement and the
[[Page 115 STAT. 435]]
annual financial statement of the Department of the Interior bureaus and
offices funded in this Act.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $99,224,000, 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 2002, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other provision of
law, the statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the enactment
of this Act, concerning losses to or mismanagement of trust funds, until
the affected tribe or individual Indian has been furnished with an
accounting of such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That <<NOTE: 25 USC
4011 note.>> 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: 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.
indian land consolidation
For consolidation of fractional interests in Indian lands and
expenses associated with redetermining and redistributing escheated
interests in allotted lands, and for necessary expenses to carry out the
Indian Land Consolidation Act of 1983, as amended, by direct expenditure
or cooperative agreement, $10,980,000, to remain available until
expended and which may be transferred to the Bureau of Indian Affairs
and Departmental Management.
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.), $5,497,000, to remain available
until expended.
[[Page 115 STAT. 436]]
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.
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
[[Page 115 STAT. 437]]
under this authority until the Secretary determines that funds
appropriated for ``wildland fire operations'' shall be exhausted within
30 days: Provided further, That all funds used pursuant to this section
are hereby designated by Congress to be ``emergency requirements''
pursuant to section 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
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 preleasing,
leasing and related activities placed under restriction in the
President's moratorium statement of June 12, 1998, in the areas of
northern, central, and southern California; the North Atlantic;
Washington and Oregon; and the eastern Gulf of Mexico south of 26
degrees north latitude and east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended by the
Department of the Interior 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.
[[Page 115 STAT. 438]]
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 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. 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. 114. A grazing permit or lease that expires (or is transferred)
during fiscal year 2002 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:
Provided, That any Federal lands included within the boundary of Lake
Roosevelt National Recreation Area, as designated by the Secretary of
the Interior on April 5, 1990, (Lake Roosevelt Cooperative Management
Agreement) that were utilized as of March 31, 1997, for grazing purposes
pursuant to a permit issued by the National Park Service, the person or
persons so utilizing such lands as of March 31, 1997, shall be entitled
to renew said permit under
[[Page 115 STAT. 439]]
such terms and conditions as the Secretary may prescribe, for the
lifetime of the permittee or 20 years, whichever is less.
Sec. 115. Notwithstanding any other provision of law, for the
purpose of reducing the backlog of Indian probate cases in the
Department of the Interior, the hearing requirements of chapter 10 of
title 25, United States Code, are deemed satisfied by a proceeding
conducted by an Indian probate judge, appointed by the Secretary without
regard to the provisions of title 5, United States Code, governing the
appointments in the competitive service, for such period of time as the
Secretary determines necessary: Provided, That the basic pay of an
Indian probate judge so appointed may be fixed by the Secretary without
regard to the provisions of chapter 51, and subchapter III of chapter 53
of title 5, United States Code, governing the classification and pay of
General Schedule employees, except that no such Indian probate judge may
be paid at a level which exceeds the maximum rate payable for the
highest grade of the General Schedule, including locality pay.
Sec. 116. 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 2002.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
Sec. 117. 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. 118. Funds appropriated for the Bureau of Indian Affairs for
postsecondary schools for fiscal year 2002 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. 119. (a) The Secretary of the Interior shall take such action
as may be necessary to ensure that the lands comprising the Huron
Cemetery in Kansas City, Kansas (as described in section 123 of Public
Law 106-291) are used only in accordance with this section.
(b) The lands of the Huron Cemetery shall be used only: (1) for
religious and cultural uses that are compatible with the use of the
lands as a cemetery; and (2) as a burial ground.
Sec. 120. 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. 121. 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
[[Page 115 STAT. 440]]
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. 122. Section 412(b) of the National Parks Omnibus Management
Act of 1998, as amended (16 U.S.C. 5961) is amended by striking ``2001''
and inserting ``2002''.
Sec. 123. 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. 124. 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 2001, may be credited to the
appropriation from which funds were expended to acquire or grow the
seeds or seedlings and are available without fiscal year limitation.
Sec. 125. Tribal School Construction Demonstration Program. (a)
Definitions.--In this section:
(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 construction 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--
[[Page 115 STAT. 441]]
(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 of 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. 126. White River Oil Shale Mine, Utah. (a) Sale.--The
Administrator of General Services (referred to in this section 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--
[[Page 115 STAT. 442]]
(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. 127. The Secretary of the Interior may use or contract for the
use of helicopters or motor vehicles on the Sheldon and Hart National
Wildlife Refuges for the purpose of capturing and transporting horses
and burros. The provisions of subsection (a) of the Act of September 8,
1959 (73 Stat. 470; 18 U.S.C. 47(a)) shall not be applicable to such
use. Such use shall be in accordance with humane procedures prescribed
by the Secretary.
Sec. 128. The Lytton Rancheria of California shall not conduct Class
III gaming as defined in Public Law 100-497 on land taken into trust for
the tribe pursuant to Public Law 106-568 except in compliance with all
required compact provisions of section 2710(d) of Public Law 100-497 or
any relevant Class III gaming procedures.
Sec. 129. <<NOTE: National Wildlife Refuge. South Carolina. 16 USC
668dd note.>> Moore's Landing at the Cape Romain National Wildlife
Refuge in South Carolina is hereby named for George Garris and shall
hereafter be referred to in any law, document, or records of the United
States as ``Garris Landing''.
Sec. 130. <<NOTE: Deadline. 16 USC 410hh-2 note.>> From within funds
available to the National Park Service, such sums as may be necessary
shall be used for expenses necessary to complete and issue, no later
than January 1, 2004, an Environmental Impact Statement (EIS) to
identify and analyze the possible effects of the 1996 increases in the
number of vessel entries issued for Glacier Bay National Park and
Preserve: Provided, That such EIS, upon its completion, shall be used by
the Secretary to set the maximum level of vessel entries: Provided
further, That until the Secretary sets the level of vessel entries based
on the new EIS, the number of vessel entries into the Park shall be the
same as that in effect during the 2000 calendar year and the National
Park Service approval of modified Alternative 5 and promulgation of the
final rule issued on May 30, 1996, relating to vessel entries, including
the number of such entries, for Glacier Bay National Park and Preserve
are hereby approved and shall be in effect notwithstanding any other
provision of law until the Secretary sets the maximum level of vessel
entries consistent with this section: Provided further, That nothing in
this section shall preclude the Secretary from suspending or revoking
any vessel entry if the Secretary determines that it is necessary to
protect Park resources.
Sec. 131. No funds contained in this Act shall be used to approve
the transfer of lands on South Fox Island, Michigan until Congress has
authorized such transfer.
Sec. 132. Funds provided in this Act for Federal land acquisition by
the National Park Service for Brandywine Battlefield, Mississippi
National River and Recreation Area, Shenandoah Valley Battlefields
National Historic District, and Ice Age National Scenic Trail may be
used for a grant to a State, a local government, or any other
governmental land management entity for the acquisition of lands without
regard to any restriction on the use of Federal land acquisition funds
provided through the Land and Water Conservation Fund Act of 1965 as
amended.
Sec. 133. <<NOTE: 114 Stat. 2922.>> Section 902(b)(5) of Public Law
106-568 is hereby amended by inserting a comma after ``N\1/2\''.
Sec. 134. Clarification of the Secretary of the Interior's Authority
Under Sections 2701-2721 of Title 25, United
[[Page 115 STAT. 443]]
States Code. The authority to determine whether a specific area of land
is a ``reservation'' for purposes of sections 2701-2721 of title 25,
United States Code, was delegated to the Secretary of the Interior on
October 17, 1988: Provided, That nothing in this section shall be
construed to permit gaming under the Indian Gaming Regulatory Act on the
lands described in section 123 of Public Law 106-291 or any lands
contiguous to such lands that have not been taken into trust by the
Secretary of the Interior.
Sec. 135. <<NOTE: 16 USC 1132 note.>> Black Rock Desert-High Rock
Canyon Emigrant Trails National Conservation Area. (a) Areas Included.--
The Black Rock Desert-High Rock Canyon Emigrant Trails National
Conservation Area Act of 2000 is amended in sections 4(b) (16 U.S.C.
460ppp-2(b)) and 8(a) (16 U.S.C. 460ppp-6(a)) by striking ``July 19,
2000'' each place it appears and inserting ``October 3, 2001''.
(b) Road Maintenance.--Section 5 of the Black Rock Desert-High Rock
Canyon Emigrant Trails National Conservation Area Act of 2000 (16 U.S.C.
460ppp-3) is amended by adding at the end the following:
``(h) Road Maintenance.--Within the conservation area the Secretary
may permit the use of gravel pits for the maintenance of roads within
the conservation area under the Materials Act of 1947 (30 U.S.C. 601 et
seq.) to the extent consistent with this Act and subject to such
regulations, policies, and practices as the Secretary considers
necessary.''.
(c) Hunting, Trapping, and Fishing.--Section 8 of the Black Rock
Desert-High Rock Canyon Emigrant Trails National Conservation Area Act
of 2000 (16 U.S.C. 460ppp-6) is amended by adding at the end the
following:
``(e) Hunting, Trapping, and Fishing.--
``(1) In general.--Nothing in this Act diminishes the
jurisdiction of the State of Nevada with respect to fish and
wildlife management, including regulation of hunting and fishing
on public land in the areas designated as wilderness under
subsection (a).
``(2) Applicable law.--Any action in the areas designated as
wilderness under subsection (a) shall be consistent with the
Wilderness Act (16 U.S.C. 1131 et seq.).''.
(d) Wildland Fire Protection.--Section 8 of the Black Rock Desert-
High Rock Canyon Emigrant Trails National Conservation Area Act of 2000
(16 U.S.C. 460ppp-6) (as amended by subsection (c)) is amended by adding
at the end the following:
``(f) Wildland Fire Protection.--Nothing in this Act or the
Wilderness Act (16 U.S.C. 1131 et seq.) precludes a Federal, State, or
local agency from conducting wildland fire management operations
(including prescribed burns) within the areas designated as wilderness
under subsection (a), subject to any conditions that the Secretary
considers appropriate.''.
(e) Wilderness Study Release.--Section 8 of the Black Rock Desert-
High Rock Canyon Emigrant Trails National Conservation Area Act of 2000
(16 U.S.C. 460ppp-6) (as amended by subsection (d)) is amended by adding
at the end the following:
``(g) Wilderness Study Release.--Congress--
``(1) finds that the parcels of land in the wilderness study
areas referred to in subsection (a) that are not designated as
wilderness by subsection (a) have been adequately studied for
wilderness designation under section 603 of the Federal
[[Page 115 STAT. 444]]
Land Policy and Management Act of 1976 (43 U.S.C. 1782); and
``(2) declares that those parcels are no longer subject to
the requirement of subsection (c) of that section pertaining to
the management of wilderness study areas in a manner that does
not impair the suitability of such areas for preservation as
wilderness.''.
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, $241,304,000, 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, $291,221,000, to remain available
until expended, as authorized by law, of which $65,000,000 is for the
Forest Legacy Program, and $36,000,000 is for the Urban and Community
Forestry Program, defined in section 250(c)(4)(E) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, for the purposes
of such Act: Provided, That none of the funds provided under this
heading for the acquisition of lands or interests in lands shall be
available until the Forest Service notifies the House Committee on
Appropriations and the Senate Committee on Appropriations, in writing,
of specific acquisition of lands or interests in lands to be undertaken
with such funds: Provided further, That notwithstanding any other
provision of law, of the funds provided under this heading, $4,500,000
shall be made available to Kake Tribal Corporation as an advanced direct
lump sum payment to implement the Kake Tribal Corporation Land Transfer
Act (Public Law 106-283).
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, $1,331,439,000, 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)): Provided, That unobligated balances
available at the start of fiscal year 2002 shall be displayed by budget
line item in the fiscal year 2003 budget justification: Provided
further, That the Secretary may authorize the expenditure or transfer of
such sums as necessary to the Department of the Interior, Bureau of Land
Management for removal, preparation, and adoption of excess wild horses
and
[[Page 115 STAT. 445]]
burros from National Forest System lands: Provided further, That of the
funds provided under this heading for Forest Products, $5,000,000 shall
be allocated to the Alaska Region, in addition to its normal allocation
for the purposes of preparing additional timber for sale, to establish a
3-year timber supply and such funds may be transferred to other
appropriations accounts as necessary to maximize accomplishment.
wildland fire management
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuel reduction on or adjacent to such lands, and for emergency
rehabilitation of burned-over National Forest System lands and water,
$1,214,349,000, to remain available until expended: Provided, That such
funds including unobligated balances under this head, are available for
repayment of advances from other appropriations accounts previously
transferred for such purposes: Provided further, That not less than 50
percent of any unobligated balances remaining (exclusive of amounts for
hazardous fuels reduction) at the end of fiscal year 2001 shall be
transferred, as repayment for past advances that have not been repaid,
to the fund established pursuant to section 3 of Public Law 71-319 (16
U.S.C. 576 et seq.): Provided further, That notwithstanding any other
provision of law, $8,000,000 of funds appropriated under this
appropriation shall be used for Fire Science Research in support of the
Joint Fire Science Program: Provided further, That all authorities for
the use of funds, including the use of contracts, grants, and
cooperative agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization of these
funds for Fire Science Research: Provided further, That funds provided
shall be available for emergency rehabilitation and restoration, hazard
reduction activities in the urban-wildland interface, support to Federal
emergency response, and wildfire suppression activities of the Forest
Service; Provided further, That of the funds provided, $209,010,000 is
for hazardous fuel treatment, $3,668,000 is for rehabilitation and
restoration, $10,376,000 is for capital improvement and maintenance of
fire facilities, $22,265,000 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.),
$50,383,000 is for state fire assistance, $8,262,000 is for volunteer
fire assistance, $11,974,000 is for forest health activities on state,
private, and Federal lands, and $12,472,000 is for economic action
programs: Provided further, That amounts in this paragraph may be
transferred to the ``State and Private Forestry'', ``National Forest
System'', ``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
further, That transfers of any amounts in excess of those authorized in
this paragraph, shall require approval of the House and Senate
Committees on Appropriations in compliance with reprogramming procedures
contained in House
[[Page 115 STAT. 446]]
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 in
addition to funds provided for State Fire Assistance programs, and
subject to all authorities available to the Forest Service under the
State and Private Forestry Appropriation, up to $15,000,000 may be used
on adjacent non-Federal lands for the purpose of protecting communities
when hazard reduction activities are planned on national forest lands
that have the potential to place such communities at risk: Provided
further, That included in funding for hazardous fuel reduction is
$5,000,000 for implementing the Community Forest Restoration Act, Public
Law 106-393, title VI, and any portion of such funds shall be available
for use on non-Federal lands in accordance with authorities available to
the Forest Service under the State and Private Forestry Appropriation:
Provided further, That:
(1) In expending the funds provided with respect to this Act
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)(A) The Secretary of Agriculture may transfer or
reimburse funds to the United States Fish and Wildlife Service
of the Department of the Interior, or the National Marine
Fisheries Service of the Department of Commerce, for the costs
of carrying out their responsibilities under the Endangered
[[Page 115 STAT. 447]]
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference as required by section 7 of such Act in connection
with wildland fire management activities in fiscal years 2001
and 2002.
(B) Only those funds appropriated for fiscal years 2001 and
2002 to Forest Service (USDA) for wildland fire management are
available to the Secretary of Agriculture for such transfer or
reimbursement.
(C) The amount of the transfer or reimbursement shall be as
mutually agreed by the Secretary of Agriculture and the
Secretary of the Interior or Secretary of Commerce, as
applicable, or their designees. The amount shall in no case
exceed the actual costs of consultation and conferencing in
connection with wildland fire management activities affecting
National Forest System lands.
For an additional amount to cover necessary expenses for emergency
rehabilitation, wildfire suppression and other fire operations of the
Forest Service, $346,000,000, to remain available until expended, of
which $200,000,000 is for repayment of prior year advances from other
appropriations and accounts within the Wildland Fire appropriation
previously transferred for fire suppression, $66,000,000 is for wildfire
suppression operations, $59,000,000 is for land rehabilitation and
restoration, $5,000,000 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.),
$10,000,000 is for capital improvement and maintenance of fire
facilities, $6,000,000 is for state fire assistance: Provided, That the
Congress designates the entire amount 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
$346,000,000 shall be available only to the extent that an official
budget request, that includes designation of the $346,000,000 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.
For an additional amount, to liquidate obligations previously
incurred, $274,147,000.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise provided
for, $546,188,000, 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, of which, $61,000,000 is for
conservation activities defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act: Provided, That fiscal year 2001 balances in the
Federal Infrastructure Improvement account for the Forest Service shall
be transferred to and merged with this appropriation and shall remain
available until expended: Provided further, 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:
[[Page 115 STAT. 448]]
Provided further, That no funds shall be expended to decommission any
system road until notice and an opportunity for public comment has been
provided on each decommissioning project: Provided further, That the
Forest Service shall transfer $300,000, appropriated in Public Law 106-
291 within the Capital Improvement and Maintenance appropriation, to the
State and Private Forestry appropriation, and shall provide these funds
in an advance direct lump sum payment to Purdue University for planning
and construction of a hardwood tree improvement and generation facility:
Provided further, That from funds provided to the Forest Service in
Public Law 106-291, $500,000 is hereby transferred from the Capital
Improvement and Maintenance appropriation to the State and Private
Forestry appropriation.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $149,742,000 to be derived
from the Land and Water Conservation Fund, to remain available until
expended, and to be for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act.
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.
[[Page 115 STAT. 449]]
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), $5,488,000, to
remain available until expended.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 132 passenger
motor vehicles of which eight will be used primarily for law enforcement
purposes and of which 130 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
seven for replacement only, and acquisition of sufficient aircraft from
excess sources to maintain the operable fleet at 195 aircraft for use in
Forest Service wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft 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; (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
[[Page 115 STAT. 450]]
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.
No funds available to the Forest Service shall be transferred to the
Working Capital Fund of the Department of Agriculture that exceed the
total amount transferred during fiscal year 2000 for such purposes
without the advance approval of the House and Senate Committees on
Appropriations.
Funds available to the Forest Service shall be available to conduct
a program of not less than $2,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the Youth
Conservation Corps, defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act.
Of the funds available to the Forest Service, $2,500 is available to
the Chief of the Forest Service for official reception and
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 section 403(a) of the National Forest Foundation Act (16
U.S.C. 583j-1(a)) is amended by inserting after the first sentence the
following new sentence: ``At the discretion of the Secretary of
Agriculture, the Secretary may increase the number of Directors to not
more than twenty.'': Provided further, That the Foundation shall obtain,
by the end of the period of Federal financial assistance, private
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: <<NOTE: 16 USC 583j-9.>> Provided further, That hereafter, the
National Forest Foundation may hold Federal funds made available but not
immediately disbursed and may use any interest or other 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, 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.
[[Page 115 STAT. 451]]
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 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,
[[Page 115 STAT. 452]]
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.
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: <<NOTE: 16 USC 579d.>> Provided, 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 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 2002
the Secretary shall limit total annual indirect obligations from the
Brush Disposal, Knutson-Vandenberg, Reforestation, Salvage Sale, and
Roads and Trails funds to 20 percent of the total obligations from each
fund. 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.
The Secretary of Agriculture may authorize the sale of excess
buildings, facilities, and other properties owned by the Forest Service
and located on the Green Mountain National Forest, the revenues of which
shall be retained by the Forest Service and available to the Secretary
without further appropriation and until expended for maintenance and
rehabilitation activities on the Green Mountain National Forest.
DEPARTMENT OF ENERGY
clean coal technology
(deferral)
Of the funds made available under this heading for obligation in
prior years, $40,000,000 shall not be available until October 1, 2002:
Provided, That funds made available in previous appropriations Acts
shall be available for any ongoing project regardless of the separate
request for proposal under which the project was selected.
[[Page 115 STAT. 453]]
fossil energy research and development
(including transfer of funds)
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological 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), $616,490,000, to remain available until
expended, of which $11,000,000 is to begin a 7-year project for
construction, renovation, furnishing, and demolition or removal of
buildings at National Energy Technology Laboratory facilities in
Morgantown, West Virginia and Pittsburgh, Pennsylvania; and for
acquisition of lands, and interests therein, in proximity to the
National Energy Technology Laboratory, and of which $33,700,000 shall be
derived by transfer from funds appropriated in prior years under the
heading ``Clean Coal Technology'', and of which $150,000,000 and such
sums as may be appropriated in fiscal year 2003 are to be made
available, after coordination with the private sector, for a request for
proposals for a Clean Coal Power Initiative providing for competitively-
awarded demonstrations of commercial scale technologies to reduce the
barriers to continued and expanded coal
use: <<NOTE: Deadlines.>> Provided, That the request for proposals shall
be issued no later than 120 days following enactment of this Act,
proposals shall be submitted no later than 150 days after the issuance
of the request for proposals, and the Department of Energy shall make
project selections no later than 160 days after the receipt of
proposals: Provided further, That no project may be selected for which
sufficient funding is not available to provide for the total project:
Provided further, That funds shall be expended in accordance with the
provisions governing the use of funds contained under the heading
``Clean Coal Technology'' in prior appropriations: Provided further,
That the Department may include provisions for repayment of Government
contributions to individual projects in an amount up to the Government
contribution to the project on terms and conditions that are acceptable
to the Department including repayments from sale and licensing of
technologies from both domestic and foreign transactions: Provided
further, That such repayments shall be retained by the Department for
future coal-related research, development and demonstration projects:
Provided further, That any technology selected under this program shall
be considered a Clean Coal Technology, and any project selected under
this program shall be considered a Clean Coal Technology Project, for
the purposes of 42 U.S.C. Sec. 7651n, and Chapters 51, 52, and 60 of
title 40 of the Code of Federal Regulations: Provided further, That
funds excess to the needs of the Power Plant Improvement Initiative
procurement provided for under this heading in Public Law 106-291 shall
be made available for the Clean Coal Power Initiative provided for under
this heading in this Act: Provided further, That no part of the sum
herein made available shall be used for the field testing of nuclear
explosives in the recovery of oil and gas: Provided further, That up to
4 percent of program direction funds available to the
[[Page 115 STAT. 454]]
National Energy Technology Laboratory may be used to support Department
of Energy activities not included in this account.
alternative fuels production
(rescission)
Of the unobligated balances under this heading, $2,000,000 are
rescinded.
naval petroleum and oil shale reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, $17,371,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
elk hills school lands fund
For necessary expenses in fulfilling installment payments under the
Settlement Agreement entered into by the United States and the State of
California on October 11, 1996, as authorized by section 3415 of Public
Law 104-106, $36,000,000, to become available on October 1, 2002 for
payment to the State of California for the State Teachers' Retirement
Fund from the Elk Hills School Lands Fund.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $912,805,000, to remain available until expended: Provided,
That $275,000,000 shall be for use in energy conservation grant programs
as defined in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507):
Provided further, That notwithstanding section 3003(d)(2) of Public Law
99-509, such sums shall be allocated to the eligible programs as
follows: $230,000,000 for weatherization assistance grants and
$45,000,000 for State energy conservation grants: Provided further, That
50 percent of the funds provided for the Energy Efficiency Science
Initiative for fiscal year 2002 and thereafter shall be made available
to the Fossil Energy Research and Development account.
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearings and Appeals, $1,996,000, to remain available until expended.
strategic petroleum reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
6201 et seq.), $179,009,000, to remain available until expended, of
which not to exceed $8,000,000 shall be available for maintenance of a
Northeast Home Heating Oil Reserve.
[[Page 115 STAT. 455]]
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $78,499,000, 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: <<NOTE: Reports.>> 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 3 calendar days to
a day certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full comprehensive
report on such project, including the facts and circumstances relied
upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State or private agencies or concerns.
[[Page 115 STAT. 456]]
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, $2,389,614,000, 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
$445,776,000 for contract medical care shall remain available for
obligation until September 30, 2003: 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 1-year contracts and grants which are to be performed in 2
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, 2003: 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 $268,234,000 shall be for payments to tribes and tribal
organizations for contract or grant support costs associated with
contracts, grants, self-governance compacts or annual funding agreements
between the Indian Health Service and a tribe or tribal organization
pursuant to the Indian Self-Determination Act of 1975, as amended, prior
to or during fiscal year 2002, of which not to exceed $20,000,000 may be
used for contract support costs associated with new or expanded self-
determination contracts, grants, self-governance compacts or annual
funding agreements: Provided further, That funds available for the
Indian Health Care Improvement Fund may be used, as needed, to carry out
activities typically funded under the Indian Health Facilities account.
[[Page 115 STAT. 457]]
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, $369,487,000, 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 continue a priority project for
the acquisition of land, planning, design and construction of 79 staff
quarters in the Bethel service area, pursuant to the negotiated project
agreement between the YKHC and the Indian Health Service: Provided
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 $5,000,000 shall
remain available until expended for the purpose of funding up to two
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,
2002, the financial capability necessary to provide an appropriate
facility: Provided further, That joint venture funds unallocated after
March 1, 2002, 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
[[Page 115 STAT. 458]]
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: Provided further,
That notwithstanding any other provision of law or regulation, for
purposes of acquiring sites for a new clinic and staff quarters in St.
Paul Island, Alaska, the Secretary of Health and Human Services may
accept land donated by the Tanadgusix Corporation.
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.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered under
Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law
93-638, as amended.
Funds appropriated to the Indian Health Service in this Act, except
those used for administrative and program direction purposes, shall not
be subject to limitations directed at curtailing Federal travel and
transportation.
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
[[Page 115 STAT. 459]]
a self-determination contract under title I, or a self-governance
agreement under title III of such Act and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation.
None of the funds made available to the Indian Health Service in
this Act shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of Health and
Human Services, relating to the eligibility for the health care services
of the Indian Health Service until the Indian Health Service has
submitted a budget request reflecting the increased costs associated
with the proposed final rule, and such request has been included in an
appropriations Act and enacted into law.
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.
With respect to functions transferred by the Indian Health Service
to tribes or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities, on a
reimbursable basis, including payment in advance with subsequent
adjustment. The reimbursements received therefrom, along with the funds
received from those entities pursuant to the Indian Self-Determination
Act, may be credited to the same or subsequent appropriation account
which provided the funding. Such amounts shall remain available until
expended.
Reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance.
The appropriation structure for the Indian Health Service may not be
altered without advance approval of the House and Senate Committees on
Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $15,148,000, 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 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.
[[Page 115 STAT. 460]]
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), $4,490,000.
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, $399,253,000, of
which not to exceed $37,508,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, the National Museum
of the American Indian, and the repatriation of skeletal remains program
shall remain available until expended, and 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.
repair, restoration and alteration of facilities
For necessary expenses of maintenance, 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, $67,900,000, to remain
available until expended, of which $10,000,000 is provided for
maintenance, repair, rehabilitation and alteration of facilities at the
National Zoological Park: Provided,
[[Page 115 STAT. 461]]
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, $30,000,000, to remain
available until expended.
administrative provisions, smithsonian institution
None of the funds in this or any other Act may be used to make any
changes to the existing Smithsonian science programs including closure
of facilities, relocation of staff or redirection of functions and
programs without approval by the Board of Regents of recommendations
received from the Science Commission.
None of the funds in this or any other Act may be used to initiate
the design for any proposed expansion of current space or new facility
without consultation with the House and Senate Appropriations
Committees.
None of the funds in this or any other Act may be used for the Holt
House located at the National Zoological Park in Washington, D.C.,
unless identified as repairs to minimize water damage, monitor structure
movement, or provide interim structural support.
None of the funds available to the Smithsonian may be reprogrammed
without the advance written approval of the House and Senate Committees
on Appropriations in accordance with the procedures contained in House
Report No. 105-163.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $68,967,000,
of which not to exceed $3,026,000 for the special exhibition program
shall remain available until expended.
[[Page 115 STAT. 462]]
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, $14,220,000, 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, $15,000,000.
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, $19,000,000, 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, $7,796,000.
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, $98,234,000, 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.
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, $108,382,000, shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant
[[Page 115 STAT. 463]]
to section 7(c) of the Act, and for administering the functions of the
Act, to remain available until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$16,122,000, to remain available until expended, of which $12,122,000
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, $26,899,000, to remain available until expended.
Challenge America Arts Fund
challenge america grants
For necessary expenses as authorized by Public Law 89-209, as
amended, $17,000,000, for support for arts education and public outreach
activities to be administered by the National Endowment for the Arts, to
remain available until expended.
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.
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), $1,224,000: 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.
[[Page 115 STAT. 464]]
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), $3,400,000: Provided, That
none of these funds shall be available for compensation of level V of
the Executive Schedule or higher positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $7,253,000: 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 Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $36,028,000, 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, $23,125,000 shall be available to
the Presidio Trust, to remain available until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. <<NOTE: Contracts. Public information.>> The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive Order issued pursuant to
existing law.
Sec. 302. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or opposition
to any legislative proposal on which congressional action is not
complete.
[[Page 115 STAT. 465]]
Sec. 303. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 304. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency except as otherwise provided by law.
Sec. 305. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such committees.
Sec. 306. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant sequoia
(Sequoiadendron giganteum) which are located on National Forest System
or Bureau of Land Management lands in a manner different than such sales
were conducted in fiscal year 2001.
Sec. 307. 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. 308. None of the funds made available in this Act may be used:
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when such
pedestrian use is consistent with generally accepted safety standards.
Sec. 309. (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, 2002, 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
[[Page 115 STAT. 466]]
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. 310. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports for the Bureau of
Indian Affairs and the Indian Health Service by Public Laws 103-138,
103-332, 104-134, 104-208, 105-83, 105-277, 106-113, and 106-291 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 2001 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. 311. Notwithstanding any other provision of law, for fiscal
year 2002 the Secretaries of Agriculture and the Interior are authorized
to limit competition for watershed restoration project contracts as part
of the ``Jobs in the Woods'' Program established in Region 10 of the
Forest Service to individuals and entities in historically timber-
dependent areas in the States of Washington, Oregon, northern California
and Alaska that have been affected by reduced timber harvesting on
Federal lands. The Secretaries shall consider the benefits to the local
economy in evaluating bids and designing procurements which create
economic opportunities for local contractors.
Sec. 312. (a) Recreational Fee Demonstration Program.--Subsection
(f) of section 315 of the Department of the Interior and Related
Agencies Appropriations Act, 1996 (as contained in section 101(c) of
Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a note), is
amended--
(1) by striking ``commence on October 1, 1995, and end on
September 30, 2002'' and inserting ``end on September 30,
2004''; and
(2) by striking ``September 30, 2005'' and inserting
``September 30, 2007''.
(b) <<NOTE: 16 USC 460l-6a note.>> Expansion of Program.--Subsection
(b) of such section is amended by striking ``no fewer than 10, but as
many as 100,''.
(c) <<NOTE: 16 USC 460l-6a note.>> Revenue Sharing.--Subsection
(d)(1) of such section is amended by inserting ``the Secure Rural
Schools and Community Self-Determination Act of 2000 (Public Law 106-
393; 16 U.S.C. 500 note),'' before ``and any other provision''.
(d) <<NOTE: 16 USC 460l-6a note.>> Discounted Fees.--Subsection
(b)(2) of such section is amended by inserting after ``testing'' the
following: ``, including the provision of discounted or free admission
or use as the Secretary considers appropriate''.
(e) Capital Projects.--Subsection (c)(2) of such section is amended
by adding at the end the following new subparagraph:
``(D) None of the funds collected under this section may be used to
plan, design, or construct a visitor center or any other permanent
structure without prior approval of the Committee on
[[Page 115 STAT. 467]]
Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate if the estimated total cost of the
structure exceeds $500,000.''.
Sec. 313. <<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. 314. 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. 315. 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. 316. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
[[Page 115 STAT. 468]]
(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. 317. 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. 318. 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. 319. Notwithstanding any other provision of law, none of the
funds in this Act may be used for GSA Telecommunication Centers.
Sec. 320. 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. 321. Amounts deposited during fiscal year 2001 in the roads and
trails fund provided for in the 14th paragraph under the heading
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C.
501), shall be used by the Secretary of Agriculture, without regard to
the State in which the amounts were derived, to repair or reconstruct
roads, bridges, and trails on National Forest System lands or to carry
out and administer projects to improve forest health conditions, which
may include the repair or reconstruction of roads, bridges, and trails
on National Forest System lands in the wildland-community interface
where there is an abnormally high risk of fire. The projects shall
emphasize reducing risks to human safety and public health and property
and enhancing ecological functions, long-term forest productivity, and
biological integrity. The projects may be completed in a subsequent
fiscal year. Funds shall not be expended under this section to replace
funds which would otherwise appropriately be expended from the timber
salvage sale fund. Nothing in this section shall be construed to exempt
any project from any environmental law.
[[Page 115 STAT. 469]]
Sec. 322. 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. 323. 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 2002, 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
2002, 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
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. 324. 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 2002 such concession prospectuses under the regulatory exemption,
except that, any prospectus that does
[[Page 115 STAT. 470]]
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. 325. <<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. 326. For fiscal years 2002 and 2003, 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. 327. <<NOTE: 16 USC 1604 note.>> Revision of Forest Plans.
Prior to October 1, 2002, the Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)(A)) solely because more than 15 years have passed without
revision of the plan for a unit of the National Forest System. Nothing
in this section exempts the Secretary from any other requirement of the
Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to revise
a plan for a unit of the National Forest System, this section shall be
void with respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
Sec. <<NOTE: 16 USC 565a-1 note.>> 328. Until September 30, 2003,
the authority of the Secretary of Agriculture to enter into a
cooperative agreement under the first section of Public Law 94-148 (16
U.S.C. 565a-1) for a purpose described in such section includes the
authority to use that legal instrument when the principal purpose of the
resulting relationship is to the mutually significant benefit of the
Forest Service and the other party or parties to the agreement,
including nonprofit entities.
[[Page 115 STAT. 471]]
Sec. <<NOTE: 16 USC 580d note.>> 329. (a) Pilot Program Authorizing
Conveyance of Excess Forest Service Structures.--The Secretary of
Agriculture may convey, by sale or exchange, any or all right, title,
and interest of the United States in and to excess buildings and other
structures located on National Forest System lands and under the
jurisdiction of the Forest Service. The conveyance may include the land
on which the building or other structure is located and such other land
immediately adjacent to the building or structure as the Secretary
considers necessary.
(b) Limitation.--Conveyances on not more than 10 sites may be made
under the authority of this section, and the Secretary of Agriculture
shall obtain the concurrence of the Committee on Appropriations of the
House of Representatives and the Committee on Appropriations of the
Senate in advance of each conveyance.
(c) Use of Proceeds.--The proceeds derived from the sale of a
building or other structure under this section shall be retained by the
Secretary of Agriculture and shall be available to the Secretary,
without further appropriation until expended, for maintenance and
rehabilitation activities within the Forest Service Region in which the
building or structure is located.
(d) Duration of Authority.--The authority provided by this section
expires on September 30, 2005.
Sec. 330. Section 323(a) of the Department of the Interior and
Related Agencies Appropriations Act, 1999, as included in Public Law
105-277, Div. A, section 101(e) <<NOTE: 16 USC 1011 note.>> is amended
by inserting ``and fiscal years 2002 through 2005,'' before ``to the
extent funds are otherwise available''.
Sec. 331. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where such
activities are allowed under the Presidential proclamation establishing
such monument.
Sec. 332. Section 347(a) of the Department of the Interior and
Related Agencies Appropriations Act, 1999, as included in Public Law
105-277, <<NOTE: 16 USC 2104 note.>> is amended by striking ``2002'' and
inserting ``2004''. <<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 105-277 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. 333. 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. <<NOTE: Permits.>> 334. The Chief of the Forest Service shall
issue a special use permit for the Sioux Charlie Cabin within the
boundary of
[[Page 115 STAT. 472]]
the Custer National Forest, Montana, to Montana State University-
Billings, for a term of 20 years for educational purposes compatible
with the cabin's location. The permit shall be administered under normal
national forest system authorities and regulations, with an additional
review after 10 years to ensure the facility is being used for
educational purposes.
Sec. 335. Section 551(c) of the Land Between the Lakes Protection
Act of 1998 (16 U.S.C. 460lll-61(c)) is amended by striking ``2002'' and
inserting ``2004''.
Sec. 336. Modification to Steel Loan Guarantee Program. (a) In
General.--Section 101 of the Emergency Steel Loan Guarantee Act of 1999
(Public Law 106-51; 15 U.S.C. 1841 note) is amended as follows:
(1) Terms and conditions.--Subsection (h) is amended--
(A) in paragraph (1), by striking ``2005'' and
inserting ``2015''; and
(B) by amending paragraph (4) to read as follows:
``(4) Guarantee level.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), any loan guarantee provided
under this section shall not exceed 85 percent of the
amount of principal of the loan.
``(B) Increased level one.--A loan guarantee may be
provided under this section in excess of 85 percent, but
not more than 90 percent, of the amount of principal of
the loan, if--
``(i) the aggregate amount of loans guaranteed
at such percentage and outstanding under this
section at any one time does not exceed
$100,000,000; and
``(ii) the aggregate amount of loans
guaranteed at such percentage under this section
with respect to a single qualified steel company
does not exceed $50,000,000.
``(C) Increased level two.--A loan guarantee may be
provided under this section in excess of 85 percent, but
not more than 95 percent, of the amount of principal of
the loan, if--
``(i) the aggregate amount of loans guaranteed
at such percentage and outstanding under this
section at any one time does not exceed
$100,000,000; and
``(ii) the aggregate amount of loans
guaranteed at such percentage under this section
with respect to a single qualified steel company
does not exceed $50,000,000.''.
(2) Termination of guarantee authority.--Subsection (k) is
amended by striking ``2001'' and inserting ``2003''.
(b) <<NOTE: 15 USC 1841 note.>> Applicability.--The amendments made
by this section shall apply only with respect to any guarantee issued on
or after the date of the enactment of this Act.
[[Page 115 STAT. 473]]
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 2002''.
Approved November 5, 2001.
LEGISLATIVE HISTORY--H.R. 2217:
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HOUSE REPORTS: No. 107-103 (Comm. on Appropriations) and 107-234
(Comm. of Conference).
SENATE REPORTS: No. 107-36 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
June 21, considered and passed House.
July 11, 12, considered and passed Senate, amended.
Oct. 17, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Nov. 5, Presidential statement.
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