H.R. 2691 — Department of the Interior and Related Agencies Appropriations Act, 2004

[108th Congress Public Law 108]
[From the U.S. Government Publishing Office]


[DOCID: f:publ108.108]

[[Page 117 STAT. 1241]]

Public Law 108-108
108th Congress

                                 An Act


 
  Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 2004, and for other 
            purposes. <<NOTE: Nov. 10, 2003 -  [H.R. 2691]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
the Interior and Related Agencies Appropriations Act, 2004.>> That the 
following sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the Department of the Interior and related 
agencies for the fiscal year ending September 30, 2004, and for other 
purposes, namely:

                   TITLE I--DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to Public Law 96-487 (16 U.S.C. 3150(a)), $850,321,000, to remain 
available until expended, of which $1,000,000 is for high priority 
projects, to be carried out by the Youth Conservation Corps; $2,484,000 
is for assessment of the mineral potential of public lands in Alaska 
pursuant to section 1010 of Public Law 96-487; (16 U.S.C. 3150); and of 
which not to exceed $1,000,000 shall be derived from the special receipt 
account established by the Land and Water Conservation Act of 1965, as 
amended (16 U.S.C. 460l-6a(i)); and of which $3,000,000 shall be 
available in fiscal year 2004 subject to a match by at least an equal 
amount by the National Fish and Wildlife Foundation for cost-shared 
projects supporting conservation of Bureau lands; and such funds shall 
be advanced to the Foundation as a lump sum grant without regard to when 
expenses are incurred; in addition, $32,696,000 is for Mining Law 
Administration program operations, including the cost of administering 
the mining claim fee program; to remain available until expended, to be 
reduced by amounts collected by the Bureau and credited to this 
appropriation from annual mining claim fees so as to result in a final 
appropriation estimated at not more than $850,321,000; and $2,000,000, 
to remain available until expended, from communication site rental

[[Page 117 STAT. 1242]]

fees established by the Bureau for the cost of administering 
communication site activities: Provided, That appropriations herein made 
shall not be available for the destruction of healthy, unadopted, wild 
horses and burros in the care of the Bureau or its contractors.

                        wildland fire management

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $792,725,000, to remain available until expended, of 
which not to exceed $12,374,000 shall be for the renovation or 
construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts from 
which funds were previously transferred for such purposes: Provided 
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished 
subsistence and lodging without cost from funds available from this 
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, 
sums received by a bureau or office of the Department of the Interior 
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
protection of United States property, may be credited to the 
appropriation from which funds were expended to provide that protection, 
and are available without fiscal year limitation: Provided further, That 
of the funds provided, $99,000,000 is to repay prior year advances from 
other appropriations from which funds were transferred for wildfire 
suppression and emergency rehabilitation activities: Provided further, 
That this additional amount is designated by the Congress as an 
emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 2004: 
Provided further, That using the amounts designated under this title of 
this Act, the Secretary of the Interior may enter into procurement 
contracts, grants, or cooperative agreements, for hazardous fuels 
reduction activities, and for training and monitoring associated with 
such hazardous fuels reduction activities, on Federal land, or on 
adjacent non-Federal land for activities that benefit resources on 
Federal land: Provided further, That the costs of implementing any 
cooperative agreement between the Federal Government and any non-Federal 
entity may be shared, as mutually agreed on by the affected parties: 
Provided further, That notwithstanding requirements of the Competition 
in Contracting Act, the Secretary, for purposes of hazardous fuels 
reduction activities, may obtain maximum practicable competition among: 
(A) local private, nonprofit, or cooperative entities; (B) Youth 
Conservation Corps crews or related partnerships with state, local, or 
non-profit youth groups; (C) small or micro-businesses; or (D) other 
entities that will hire or train locally a significant percentage, 
defined as 50 percent or more, of the project workforce to complete such 
contracts: Provided further, That in implementing this section, the 
Secretary shall develop written guidance to field units to ensure 
accountability and consistent application of the authorities provided 
herein: Provided further, That funds appropriated under this head may be 
used to reimburse the United States Fish and Wildlife Service and the 
National Marine Fisheries Service for the costs of carrying out their 
responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) to consult and conference, as required by section 7 of 
such Act in connection with wildland

[[Page 117 STAT. 1243]]

fire management activities: Provided further, That the Secretary of the 
Interior may use wildland fire appropriations to enter into non-
competitive sole source leases of real property with local governments, 
at or below fair market value, to construct capitalized improvements for 
fire facilities on such leased properties, including but not limited to 
fire guard stations, retardant stations, and other initial attack and 
fire support facilities, and to make advance payments for any such lease 
or for construction activity associated with the lease: Provided 
further, That the Secretary of the Interior and the Secretary of 
Agriculture may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to exceed 
$12,000,000, between the Departments when such transfers would 
facilitate and expedite jointly funded wildland fire management programs 
and projects: Provided further, That funds provided for wildfire 
suppression shall be available for support of Federal emergency response 
actions.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the remedial action, including 
associated activities, of hazardous waste substances, pollutants, or 
contaminants pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), 
$9,978,000, to remain available until expended: Provided, That 
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party 
in advance of or as reimbursement for remedial action or response 
activities conducted by the Department pursuant to section 107 or 113(f) 
of such Act, shall be credited to this account, to be available until 
expended without further appropriation: Provided further, That such sums 
recovered from or paid by any party are not limited to monetary payments 
and may include stocks, bonds or other personal or real property, which 
may be retained, liquidated, or otherwise disposed of by the Secretary 
and which shall be credited to this account.

                              construction

    For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $13,976,000, to remain available until 
expended.

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) of 
Public Law 94-579, including administrative expenses and acquisition of 
lands or waters, or interests therein, $18,600,000, to be derived from 
the Land and Water Conservation Fund and to remain available until 
expended.

                    oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of

[[Page 117 STAT. 1244]]

lands or interests therein, including existing connecting roads on or 
adjacent to such grant lands; $106,672,000, to remain available until 
expended: Provided, That 25 percent of the aggregate of all receipts 
during the current fiscal year from the revested Oregon and California 
Railroad grant lands is hereby made a charge against the Oregon and 
California land-grant fund and shall be transferred to the General Fund 
in the Treasury in accordance with the second paragraph of subsection 
(b) of title II of the Act of August 28, 1937 (50 Stat. 876).

               forest ecosystems health and recovery fund

    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used for the purpose of planning, preparing, implementing and monitoring 
salvage timber sales and forest ecosystem health and recovery 
activities, such as release from competing vegetation and density 
control treatments. The Federal share of receipts (defined as the 
portion of salvage timber receipts not paid to the counties under 43 
U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public Law 106-393) 
derived from treatments funded by this account shall be deposited into 
the Forest Ecosystem Health and Recovery Fund.

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of 
all moneys received during the prior fiscal year under sections 3 and 15 
of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
designated for range improvements from grazing fees and mineral leasing 
receipts from Bankhead-Jones lands transferred to the Department of the 
Interior pursuant to law, but not less than $10,000,000, to remain 
available until expended: Provided, That not to exceed $600,000 shall be 
available for administrative expenses.

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579, as amended, and Public Law 93-153, to remain 
available until expended: Provided, <<NOTE: 43 USC 1735 note.>> That 
notwithstanding any provision to the contrary of section 305(a) of 
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will 
be received pursuant to that section, whether as a result of forfeiture, 
compromise, or settlement, if not appropriate for refund pursuant to 
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and 
may be expended under the authority of this Act by the Secretary to 
improve, protect, or

[[Page 117 STAT. 1245]]

rehabilitate any public lands administered through the Bureau of Land 
Management which have been damaged by the action of a resource 
developer, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are used on 
the exact lands damaged which led to the action: Provided further, That 
any such moneys that are in excess of amounts needed to repair damage to 
the exact land for which funds were collected may be used to repair 
other damaged public lands.

                        miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.

                        administrative provisions

    Appropriations for the Bureau of Land Management shall be available 
for purchase, erection, and dismantlement of temporary structures, and 
alteration and maintenance of necessary buildings and appurtenant 
facilities to which the United States has title; up to $100,000 for 
payments, at the discretion of the Secretary, for information or 
evidence concerning violations of laws administered by the Bureau; 
miscellaneous and emergency expenses of enforcement activities 
authorized or approved by the Secretary and to be accounted for solely 
on her certificate, not to exceed $10,000: Provided, That 
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure printing 
services from cooperators in connection with jointly produced 
publications for which the cooperators share the cost of printing either 
in cash or in services, and the Bureau determines the cooperator is 
capable of meeting accepted quality standards: Provided further, That 
section 28 of title 30, United States Code, is amended: (1) in section 
28f(a), by striking ``for years 2002 through 2003'' and inserting in 
lieu thereof ``for years 2004 through 2008''; and (2) in section 28g, by 
striking ``and before September 30, 2003'' and inserting in lieu thereof 
``and before September 30, 2008''.

                 United States Fish and Wildlife Service

                           resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
maintenance of the herd of long-horned cattle on the Wichita Mountains 
Wildlife Refuge, general administration, and for the performance of 
other authorized functions related to such resources by direct 
expenditure, contracts, grants, cooperative agreements and reimbursable 
agreements with public and private entities, $963,352,000, to remain 
available until September 30, 2005, except as otherwise provided herein: 
Provided, That not less than

[[Page 117 STAT. 1246]]

$2,000,000 shall be provided to local governments in southern California 
for planning associated with the Natural Communities Conservation 
Planning (NCCP) program and shall remain available until expended: 
Provided further, That $2,000,000 is for high priority projects, which 
shall be carried out by the Youth Conservation Corps: Provided further, 
That not to exceed $12,286,000 shall be used for implementing 
subsections (a), (b), (c), and (e) of section 4 of the Endangered 
Species Act, as amended, for species that are indigenous to the United 
States (except for processing petitions, developing and issuing proposed 
and final regulations, and taking any other steps to implement actions 
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of 
which not to exceed $8,900,000 shall be used for any activity regarding 
the designation of critical habitat, pursuant to subsection (a)(3), 
excluding litigation support, for species already listed pursuant to 
subsection (a)(1) as of the date of enactment this Act: Provided 
further, That of the amount available for law enforcement, up to 
$400,000 to remain available until expended, may at the discretion of 
the Secretary be used for payment for information, rewards, or evidence 
concerning violations of laws administered by the Service, and 
miscellaneous and emergency expenses of enforcement activity, authorized 
or approved by the Secretary and to be accounted for solely on her 
certificate: Provided further, That of the amount provided for 
environmental contaminants, up to $1,000,000 may remain available until 
expended for contaminant sample analyses.

                              construction

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fishery and wildlife 
resources, and the acquisition of lands and interests therein; 
$60,554,000, to remain available until expended.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $43,628,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended: Provided, That none of the funds appropriated for specific 
land acquisition projects can be used to pay for any administrative 
overhead, planning or other management costs.

                       landowner incentive program

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for private conservation efforts to be 
carried out on private lands, $30,000,000, to be derived from the Land 
and Water Conservation Fund, and to remain available until expended: 
Provided, That the amount provided herein is for a Landowner Incentive 
Program established by the Secretary that provides matching, 
competitively awarded grants to States, the District of Columbia, 
Tribes, Puerto Rico, Guam, the United

[[Page 117 STAT. 1247]]

States Virgin Islands, the Northern Mariana Islands, and American Samoa, 
to establish or supplement existing landowner incentive programs that 
provide technical and financial assistance, including habitat protection 
and restoration, to private landowners for the protection and management 
of habitat to benefit federally listed, proposed, candidate, or other 
at-risk species on private lands.

                           stewardship grants

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for private conservation efforts to be 
carried out on private lands, $7,500,000, to be derived from the Land 
and Water Conservation Fund, and to remain available until expended: 
Provided, That the amount provided herein is for a Stewardship Grants 
Program established by the Secretary to provide grants and other 
assistance to individuals and groups engaged in private conservation 
efforts that benefit federally listed, proposed, candidate, or other at-
risk species.

            cooperative endangered species conservation fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $82,614,000, of 
which $32,614,000 is to be derived from the Cooperative Endangered 
Species Conservation Fund and $50,000,000 is to be derived from the Land 
and Water Conservation Fund and to remain available until expended.

                      national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $14,414,000.

                north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, Public Law 101-233, as amended, 
$38,000,000, to remain available until expended.

                 neotropical migratory bird conservation

    For financial assistance for projects to promote the conservation of 
neotropical migratory birds in accordance with the Neotropical Migratory 
Bird Conservation Act, Public Law 106-247 (16 U.S.C. 6101-6109), 
$4,000,000, to remain available until expended.

                 multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245, 
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of 
1994 (16 U.S.C. 5301-5306), and the Great Ape Conservation Act of 2000 
(16 U.S.C. 6301), $5,600,000, to remain available until expended.

[[Page 117 STAT. 1248]]

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and federally recognized 
Indian tribes under the provisions of the Fish and Wildlife Act of 1956 
and the Fish and Wildlife Coordination Act, for the development and 
implementation of programs for the benefit of wildlife and their 
habitat, including species that are not hunted or fished, $70,000,000 to 
be derived from the Land and Water Conservation Fund, and to remain 
available until expended: Provided, That of the amount provided herein, 
$6,000,000 is for a competitive grant program for Indian tribes not 
subject to the remaining provisions of this appropriation: Provided 
further, That the Secretary shall, after deducting said $6,000,000 and 
administrative expenses, apportion the amount provided herein in the 
following manner: (A) to the District of Columbia and to the 
Commonwealth of Puerto Rico, each a sum equal to not more than one-half 
of 1 percent thereof; and (B) to Guam, American Samoa, the United States 
Virgin Islands, and the Commonwealth of the Northern Mariana Islands, 
each a sum equal to not more than one-fourth of 1 percent thereof: 
Provided further, That the Secretary shall apportion the remaining 
amount in the following manner: (A) one-third of which is based on the 
ratio to which the land area of such State bears to the total land area 
of all such States; and (B) two-thirds of which is based on the ratio to 
which the population of such State bears to the total population of all 
such States: Provided further, That the amounts apportioned under this 
paragraph shall be adjusted equitably so that no State shall be 
apportioned a sum which is less than 1 percent of the amount available 
for apportionment under this paragraph for any fiscal year or more than 
5 percent of such amount: Provided further, That the Federal share of 
planning grants shall not exceed 75 percent of the total costs of such 
projects and the Federal share of implementation grants shall not exceed 
50 percent of the total costs of such projects: Provided further, That 
the non-Federal share of such projects may not be derived from Federal 
grant programs: Provided further, That no State, territory, or other 
jurisdiction shall receive a grant unless it has developed, or committed 
to develop by October 1, 2005, a comprehensive wildlife conservation 
plan, consistent with criteria established by the Secretary of the 
Interior, that considers the broad range of the State, territory, or 
other jurisdiction's wildlife and associated habitats, with appropriate 
priority placed on those species with the greatest conservation need and 
taking into consideration the relative level of funding available for 
the conservation of those species: Provided further, That any amount 
apportioned in 2004 to any State, territory, or other jurisdiction that 
remains unobligated as of September 30, 2005, shall be reapportioned, 
together with funds appropriated in 2006, in the manner provided herein: 
Provided further, That balances from amounts previously appropriated 
under the heading ``State Wildlife Grants'' shall be transferred to and 
merged with this appropriation and shall remain available until 
expended.

                        administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed

[[Page 117 STAT. 1249]]

157 passenger motor vehicles, of which 142 are for replacement only 
(including 33 for police-type use); repair of damage to public roads 
within and adjacent to reservation areas caused by operations of the 
Service; options for the purchase of land at not to exceed $1 for each 
option; facilities incident to such public recreational uses on 
conservation areas as are consistent with their primary purpose; and the 
maintenance and improvement of aquaria, buildings, and other facilities 
under the jurisdiction of the Service and to which the United States has 
title, and which are used pursuant to law in connection with management, 
and investigation of fish and wildlife resources: Provided, That 
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 
sharing and partnership arrangements authorized by law, procure printing 
services from cooperators in connection with jointly produced 
publications for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines the 
cooperator is capable of meeting accepted quality standards: Provided 
further, That the Service may accept donated aircraft as replacements 
for existing aircraft: Provided further, That notwithstanding any other 
provision of law, the Secretary of the Interior may not spend any of the 
funds appropriated in this Act for the purchase of lands or interests in 
lands to be used in the establishment of any new unit of the National 
Wildlife Refuge System unless the purchase is approved in advance by the 
House and Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in the statement of the managers 
accompanying this Act.

                          National Park Service

                  operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administration 
of the National Park Service, $1,629,641,000, of which $10,887,000 is 
for planning and interagency coordination in support of Everglades 
restoration and shall remain available until expended; of which 
$96,480,000, to remain available until September 30, 2005, is for 
maintenance, repair or rehabilitation projects for constructed assets, 
operation of the National Park Service automated facility management 
software system, and comprehensive facility condition assessments; and 
of which $2,000,000 is for the Youth Conservation Corps for high 
priority projects: Provided, That the only funds in this account which 
may be made available to support United States Park Police are those 
funds approved for emergency law and order incidents pursuant to 
established National Park Service procedures, those funds needed to 
maintain and repair United States Park Police administrative facilities, 
and those funds necessary to reimburse the United States Park Police 
account for the unbudgeted overtime and travel costs associated with 
special events for an amount not to exceed $10,000 per event subject to 
the review and concurrence of the Washington headquarters office: 
Provided further, That notwithstanding sections 5(b)(7)(c) and 7(a)(2) 
of Public Law 105-58, the National Park Service may in fiscal year 2004 
provide funding for uniformed personnel for

[[Page 117 STAT. 1250]]

visitor protection and interpretation of the outdoor symbolic site at 
the Oklahoma City Memorial without reimbursement or a requirement to 
match these funds with non-Federal funds.

                        united states park police

    For expenses necessary to carry out the programs of the United 
States Park Police, $78,859,000.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $62,544,000, of which 
$1,600,000 shall be available until expended for the Oklahoma City 
National Memorial Trust, notwithstanding the provisions contained in 
sections 7(a)(1) and (2) of Public Law 105-58.

                     urban park and recreation fund

    For expenses necessary to carry out the provisions of the Urban Park 
and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.), $305,000, 
to remain available until expended.

                       historic preservation fund

    For expenses necessary in carrying out the Historic Preservation Act 
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public 
Lands Management Act of 1996 (Public Law 104-333), $74,500,000, to be 
derived from the Historic Preservation Fund, to remain available until 
September 30, 2005: Provided, That, of the amount provided herein, 
$500,000, to remain available until expended, is for a grant for the 
perpetual care and maintenance of National Trust Historic Sites, as 
authorized under 16 U.S.C. 470a(e)(2), to be made available in full upon 
signing of a grant agreement: Provided further, That, notwithstanding 
any other provision of law, these funds shall be available for 
investment with the proceeds to be used for the same purpose as set out 
herein: Provided further, That of the total amount provided, $33,000,000 
shall be for Save America's Treasures for priority preservation 
projects, of nationally significant sites, structures, and artifacts: 
Provided further, That any individual Save America's Treasures grant 
shall be matched by non-Federal funds: Provided further, That individual 
projects shall only be eligible for one grant, and all projects to be 
funded shall be approved by the House and Senate Committees on 
Appropriations and the Secretary of the Interior in consultation with 
the President's Committee on the Arts and Humanities prior to the 
commitment of grant funds: Provided further, That Save America's 
Treasures funds allocated for Federal projects, following approval, 
shall be available by transfer to appropriate accounts of individual 
agencies.

                              construction

    For construction, improvements, repair or replacement of physical 
facilities, including the modifications authorized by section

[[Page 117 STAT. 1251]]

104 of the Everglades National Park Protection and Expansion Act of 
1989, $333,995,000, to remain available until expended, of which 
$300,000 for the L.Q.C. Lamar House National Historic Landmark and 
$375,000 for the Sun Watch National Historic Landmark shall be derived 
from the Historic Preservation Fund pursuant to 16 U.S.C. 470a: 
Provided, That none of the funds in this or any other Act may be used to 
pay the salaries and expenses of more than 160 Full Time Equivalent 
personnel working for the National Park Service's Denver Service Center 
funded under the construction program management and operations 
activity: Provided further, That none of the funds provided in this or 
any other Act may be used to pre-design, plan, or construct any new 
facility (including visitor centers, curatorial facilities, 
administrative buildings), for which appropriations have not been 
specifically provided if the net construction cost of such facility is 
in excess of $5,000,000, without prior approval of the House and Senate 
Committees on Appropriations: Provided further, That the restriction in 
the previous proviso applies to all funds available to the National Park 
Service, including partnership and fee demonstration projects: Provided 
further, That none of the funds provided in this or any other Act may be 
used for planning, design, or construction of any underground security 
screening or visitor contact facility at the Washington Monument until 
such facility has been approved in writing by the House and Senate 
Committees on Appropriations: Provided 
further, <<NOTE: Deadlines.>> That funds appropriated in this Act and in 
any prior Acts for the purpose of implementing the Modified Water 
Deliveries to Everglades National Park Project shall be available for 
expenditure unless the joint report of the Secretary of the Interior, 
the Secretary of the Army, the Administrator of the Environmental 
Protection Agency, and the Attorney General which shall be filed within 
90 days of enactment of this Act and by September 30 each year 
thereafter until December 31, 2006, to the House and Senate Committees 
on Appropriations, the House Committee on Transportation and 
Infrastructure, the House Committee on Resources and the Senate 
Committee on Environment and Public Works, indicates that the water 
entering A.R.M. Loxahatchee National Wildlife Refuge and Everglades 
National Park does not meet applicable State water quality standards and 
numeric criteria adopted for phosphorus throughout A.R.M. Loxahatchee 
National Wildlife Refuge and Everglades National Park, as well as water 
quality requirements set forth in the Consent Decree entered in United 
States v. South Florida Water Management District, and that the House 
and Senate Committees on Appropriations respond in writing disapproving 
the further expenditure of funds: Provided further, That not to exceed 
$800,000 of the funds provided for Dayton Aviation Heritage National 
Historical Park may be provided as grants to cooperating entities for 
projects to enhance public access to the park.

                    land and water conservation fund

    The contract authority provided for fiscal year 2004 by 16 U.S.C. 
460l-10a <<NOTE: 16 USC 460l-10a note.>> is rescinded.

[[Page 117 STAT. 1252]]

                  land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $142,350,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $95,000,000 is for the State assistance program including 
$2,500,000 to administer this program: Provided, That none of the funds 
provided for the State assistance program may be used to establish a 
contingency fund: Provided further, That notwithstanding any other 
provision of law, the Secretary of the Interior, using prior year 
unobligated funds made available under any Act enacted before the date 
of enactment of this Act for land acquisition assistance to the State of 
Florida for the acquisition of lands or water, or interests therein, 
within the Everglades watershed, shall transfer $5,000,000 to the United 
States Fish and Wildlife Service ``Resource Management'' account for the 
purpose of funding water quality monitoring and eradication of invasive 
exotic plants at A.R.M. Loxahatchee National Wildlife Refuge, as well as 
recovery actions for any listed species in the South Florida ecosystem, 
and may transfer such sums as may be determined necessary by the 
Secretary of the Interior to the United States Army Corps of Engineers 
``Construction, General'' account for the purpose of modifying the 
construction of Storm Water Treatment Area 1 East to include additional 
water quality improvement measures, such as additional 
compartmentalization, improved flow control, vegetation management, and 
other additional technologies based upon the recommendations of the 
Secretary of the Interior and the South Florida Water Management 
District, to maximize the treatment effectiveness of Storm Water 
Treatment Area 1 East so that water delivered by Storm Water Treatment 
Area 1 East to A.R.M. Loxahatchee National Wildlife Refuge achieves 
State water quality standards, including the numeric criterion for 
phosphorus, and that the cost sharing provisions of section 528 of the 
Water Resources Development Act of 1996 (110 Stat. 3769) shall apply to 
any funds provided by the Secretary of the Interior to the United States 
Army Corps of Engineers for this purpose: Provided further, That, 
subsequent to the transfer of the $5,000,000 to the United States Fish 
and Wildlife Service and the transfer of funds, if any, to the United 
States Army Corps of Engineers to carry out water quality improvement 
measures for Storm Water Treatment Area 1 East, if any funds remain to 
be expended after the requirements of these provisions have been met, 
then the Secretary of the Interior may transfer, as appropriate, and use 
the remaining funds for Everglades restoration activities benefiting the 
lands and resources managed by the Department of the Interior in South 
Florida, subject to the approval by the House and Senate Committees on 
Appropriations of a reprogramming request by the Secretary detailing how 
the remaining funds will be expended for this purpose.

[[Page 117 STAT. 1253]]

                        administrative provisions

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 249 passenger motor vehicles, of which 202 
shall be for replacement only, including not to exceed 193 for police-
type use, 10 buses, and 8 ambulances: Provided, That none of the funds 
appropriated to the National Park Service may be used to process any 
grant or contract documents which do not include the text of 18 U.S.C. 
1913: Provided further, That none of the funds appropriated to the 
National Park Service may be used to implement an agreement for the 
redevelopment of the southern end of Ellis Island until such agreement 
has been submitted to the Congress and shall not be implemented prior to 
the expiration of 30 calendar days (not including any day in which 
either House of Congress is not in session because of adjournment of 
more than 3 calendar days to a day certain) from the receipt by the 
Speaker of the House of Representatives and the President of the Senate 
of a full and comprehensive report on the development of the southern 
end of Ellis Island, including the facts and circumstances relied upon 
in support of the proposed project: Provided further, That the National 
Park Service may make a grant of not to exceed $70,000 for the 
construction of a memorial in Cadillac, Michigan in honor of Kris Eggle.
    None of the funds in this Act may be spent by the National Park 
Service for activities taken in direct response to the United Nations 
Biodiversity Convention.
    The National Park Service may distribute to operating units based on 
the safety record of each unit the costs of programs designed to improve 
workplace and employee safety, and to encourage employees receiving 
workers' compensation benefits pursuant to chapter 81 of title 5, United 
States Code, to return to appropriate positions for which they are 
medically able.
    Notwithstanding any other provision of law, in fiscal year 2004, 
with respect to the administration of the National Park Service park 
pass program by the National Park Foundation, the Secretary may obligate 
to the Foundation administrative funds expected to be received in that 
fiscal year before the revenues are collected, so long as total 
obligations in the administrative account do not exceed total revenue 
collected and deposited in that account by the end of the fiscal year.

                     United States Geological Survey

                  surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); and publish 
and disseminate data relative to the foregoing activities; and to 
conduct inquiries into the economic conditions affecting mining and 
materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 
98g(1)) and related purposes as authorized by law and to publish and 
disseminate data;

[[Page 117 STAT. 1254]]

$949,686,000, of which $64,536,000 shall be available only for 
cooperation with States or municipalities for water resources 
investigations; and of which $16,201,000 shall remain available until 
expended for conducting inquiries into the economic conditions affecting 
mining and materials processing industries; and of which $8,000,000 
shall remain available until expended for satellite operations; and of 
which $24,390,000 shall be available until September 30, 2005, for the 
operation and maintenance of facilities and deferred maintenance; and of 
which $176,099,000 shall be available until September 30, 2005, for the 
biological research activity and the operation of the Cooperative 
Research Units: Provided, That none of these funds provided for the 
biological research activity shall be used to conduct new surveys on 
private property, unless specifically authorized in writing by the 
property owner: Provided further, <<NOTE: 43 USC 50.>> That no part of 
this appropriation shall be used to pay more than one-half the cost of 
topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and municipalities.

                        administrative provisions

    The amount appropriated for the United States Geological Survey 
shall be available for the purchase of not to exceed 53 passenger motor 
vehicles, of which 48 are for replacement only; reimbursement to the 
General Services Administration for security guard services; contracting 
for the furnishing of topographic maps and for the making of geophysical 
or other specialized surveys when it is administratively determined that 
such procedures are in the public interest; construction and maintenance 
of necessary buildings and appurtenant facilities; acquisition of lands 
for gauging stations and observation wells; expenses of the United 
States National Committee on Geology; and payment of compensation and 
expenses of persons on the rolls of the Survey duly appointed to 
represent the United States in the negotiation and administration of 
interstate compacts: Provided, That activities funded by appropriations 
herein made may be accomplished through the use of contracts, grants, or 
cooperative agreements as defined in 31 U.S.C. 6302 et seq.: Provided 
further, <<NOTE: 43 USC 36d.>> That notwithstanding the provisions of 
the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301-
6308), the United States Geological Survey is authorized to continue 
existing, and hereafter, to enter into new cooperative agreements 
directed towards a particular cooperator, in support of joint research 
and data collection activities with Federal, State, and academic 
partners funded by appropriations herein, including those that provide 
for space in cooperator facilities.

                       Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of royalties, 
as authorized by law; for enforcing laws and regulations applicable to 
oil, gas, and other minerals leases, permits, licenses and operating 
contracts; and for matching grants or cooperative agreements; including 
the purchase of not to exceed eight passenger motor vehicles for 
replacement only, $165,316,000, of which $80,396,000 shall be available 
for royalty management activities; and an amount

[[Page 117 STAT. 1255]]

not to exceed $100,230,000, to be credited to this appropriation and to 
remain available until expended, from additions to receipts resulting 
from increases to rates in effect on August 5, 1993, from rate increases 
to fee collections for Outer Continental Shelf administrative activities 
performed by the Minerals Management Service (MMS) over and above the 
rates in effect on September 30, 1993, and from additional fees for 
Outer Continental Shelf administrative activities established after 
September 30, 1993: Provided, That to the extent $100,230,000 in 
additions to receipts are not realized from the sources of receipts 
stated above, the amount needed to reach $100,230,000 shall be credited 
to this appropriation from receipts resulting from rental rates for 
Outer Continental Shelf leases in effect before August 5, 1993: Provided 
further, That $3,000,000 for computer acquisitions shall remain 
available until September 30, 2005: Provided further, That funds 
appropriated under this Act shall be available for the payment of 
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided further, 
That not to exceed $3,000 shall be available for reasonable expenses 
related to promoting volunteer beach and marine cleanup activities: 
Provided further, That notwithstanding any other provision of law, 
$15,000 under this heading shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Director of MMS concurred with the claimed refund due, to pay amounts 
owed to Indian allottees or tribes, or to correct prior unrecoverable 
erroneous payments: Provided further, That MMS may under the royalty-in-
kind pilot program, or under its authority to transfer oil to the 
Strategic Petroleum Reserve, use a portion of the revenues from royalty-
in-kind sales, without regard to fiscal year limitation, to pay for 
transportation to wholesale market centers or upstream pooling points, 
and to process or otherwise dispose of royalty production taken in kind, 
and to recover MMS transportation costs, salaries, and other 
administrative costs directly related to filling the Strategic Petroleum 
Reserve: Provided further, That MMS shall analyze and document the 
expected return in advance of any royalty-in-kind sales to assure to the 
maximum extent practicable that royalty income under the pilot program 
is equal to or greater than royalty income recognized under a comparable 
royalty-in-value program.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title IV, 
sections 4202 and 4303, title VII, and title VIII, section 8201 of the 
Oil Pollution Act of 1990, $7,105,000, which shall be derived from the 
Oil Spill Liability Trust Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                        regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, including the purchase of not to exceed 10 passenger motor 
vehicles, for replacement only; $106,424,000: Provided, That the 
Secretary of the Interior, pursuant to regulations, may use directly or 
through grants to States, moneys collected in fiscal year 2004 for civil 
penalties assessed under section 518

[[Page 117 STAT. 1256]]

of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1268), to reclaim lands adversely affected by coal mining practices 
after August 3, 1977, to remain available until expended: Provided 
further, <<NOTE: 30 USC 1211 note.>> That appropriations for the Office 
of Surface Mining Reclamation and Enforcement may provide for the travel 
and per diem expenses of State and tribal personnel attending Office of 
Surface Mining Reclamation and Enforcement sponsored training.

                     abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
including the purchase of not more than 10 passenger motor vehicles for 
replacement only, $192,969,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which up to $10,000,000, to be derived from the Federal Expenses 
Share of the Fund, shall be for supplemental grants to States for the 
reclamation of abandoned sites with acid mine rock drainage from coal 
mines, and for associated activities, through the Appalachian Clean 
Streams Initiative: Provided, That grants to minimum program States will 
be $1,500,000 per State in fiscal year 2004: Provided further, That 
pursuant to Public Law 97-365, the Department of the Interior is 
authorized to use up to 20 percent from the recovery of the delinquent 
debt owed to the United States Government to pay for contracts to 
collect these debts: Provided further, That funds made available under 
title IV of Public Law 95-87 may be used for any required non-Federal 
share of the cost of projects funded by the Federal Government for the 
purpose of environmental restoration related to treatment or abatement 
of acid mine drainage from abandoned mines: Provided further, That such 
projects must be consistent with the purposes and priorities of the 
Surface Mining Control and Reclamation Act: Provided further, That the 
State of Maryland may set aside the greater of $1,000,000 or 10 percent 
of the total of the grants made available to the State under title IV of 
the Surface Mining Control and Reclamation Act of 1977, as amended (30 
U.S.C. 1231 et seq.), if the amount set aside is deposited in an acid 
mine drainage abatement and treatment fund established under a State 
law, pursuant to which law the amount (together with all interest earned 
on the amount) is expended by the State to undertake acid mine drainage 
abatement and treatment projects, except that before any amounts greater 
than 10 percent of its title IV grants are deposited in an acid mine 
drainage abatement and treatment fund, the State of Maryland must first 
complete all Surface Mining Control and Reclamation Act priority one 
projects.

                        Bureau of Indian Affairs

                      operation of indian programs

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of 
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.),

[[Page 117 STAT. 1257]]

as amended, $1,916,317,000, to remain available until September 30, 2005 
except as otherwise provided herein, of which not to exceed $86,925,000 
shall be for welfare assistance payments and notwithstanding any other 
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed $135,315,000 shall 
be available for payments to tribes and tribal organizations for 
contract support costs associated with ongoing contracts, grants, 
compacts, or annual funding agreements entered into with the Bureau 
prior to or during fiscal year 2004, as authorized by such Act, except 
that tribes and tribal organizations may use their tribal priority 
allocations for unmet indirect costs of ongoing contracts, grants, or 
compacts, or annual funding agreements and for unmet welfare assistance 
costs; and of which not to exceed $458,524,000 for school operations 
costs of Bureau-funded schools and other education programs shall become 
available on July 1, 2004, and shall remain available until September 
30, 2005; and of which not to exceed $55,766,000 shall remain available 
until expended for housing improvement, road maintenance, attorney fees, 
litigation support, the Indian Self-Determination Fund, land records 
improvement, and the Navajo-Hopi Settlement Program: Provided, That 
notwithstanding any other provision of law, including but not limited to 
the Indian Self-Determination Act of 1975, as amended, and 25 U.S.C. 
2008, not to exceed $49,182,000 within and only from such amounts made 
available for school operations shall be available to tribes and tribal 
organizations for administrative cost grants associated with ongoing 
grants entered into with the Bureau prior to or during fiscal year 2003 
for the operation of Bureau-funded schools, and up to $3,000,000 within 
and only from such amounts made available for school operations shall be 
available for the transitional costs of initial administrative cost 
grants to tribes and tribal organizations that enter into grants for the 
operation on or after July 1, 2004 of Bureau-operated schools: Provided 
further, That any forestry funds allocated to a tribe which remain 
unobligated as of September 30, 2005, may be transferred during fiscal 
year 2006 to an Indian forest land assistance account established for 
the benefit of such tribe within the tribe's trust fund account: 
Provided further, <<NOTE: Expiration date.>> That any such unobligated 
balances not so transferred shall expire on September 30, 2006.

                              construction

    For construction, repair, improvement, and maintenance of irrigation 
and power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483, $351,154,000, to remain available until expended: 
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation: Provided further, That not to exceed 6 percent of contract 
authority available to the Bureau of Indian Affairs from the Federal 
Highway Trust Fund may be used to cover the road program management 
costs of the Bureau: Provided further, That any funds provided for the 
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available 
on a nonreimbursable basis: Provided further, That for

[[Page 117 STAT. 1258]]

fiscal year 2004, in implementing new construction or facilities 
improvement and repair project grants in excess of $100,000 that are 
provided to tribally controlled grant schools under Public Law 100-297, 
as amended, the Secretary of the Interior shall use the Administrative 
and Audit Requirements and Cost Principles for Assistance Programs 
contained in 43 CFR part 12 as the regulatory requirements: Provided 
further, That such grants shall not be subject to section 12.61 of 43 
CFR; the Secretary and the grantee shall negotiate and determine a 
schedule of payments for the work to be performed: Provided further, 
That in considering applications, the Secretary shall consider whether 
the Indian tribe or tribal organization would be deficient in assuring 
that the construction projects conform to applicable building standards 
and codes and Federal, tribal, or State health and safety standards as 
required by 25 U.S.C. 2005(a), with respect to organizational and 
financial management capabilities: Provided further, That if the 
Secretary declines an application, the Secretary shall follow the 
requirements contained in 25 U.S.C. 2505(f): Provided further, That any 
disputes between the Secretary and any grantee concerning a grant shall 
be subject to the disputes provision in 25 U.S.C. 2507(e).

 indian land and water claim settlements and miscellaneous payments to 
                                 indians

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $60,551,000, to remain available 
until expended; of which $31,766,000 shall be available for 
implementation of enacted Indian land and water claim settlements 
pursuant to Public Laws 101-618, 107-331, and 102-575, and for 
implementation of other enacted water rights settlements; and of which 
$18,817,000 shall be available pursuant to Public Laws 99-264, 100-580, 
106-425, and 106-554; and of which $9,968,000 shall be available for 
payment to the Quinault Indian Nation pursuant to the terms of the North 
Boundary Settlement Agreement dated July 14, 2000, providing for the 
acquisition of perpetual conservation easements from the Nation: 
Provided, That of the payment to the Quinault Indian Nation, $4,968,000 
shall be derived from amounts provided under the heading ``United States 
Fish and Wildlife Service, Land Acquisition'' in Public Law 108-7.

                 indian guaranteed loan program account

    For the cost of guaranteed and insured loans, $5,797,000, as 
authorized by the Indian Financing Act of 1974, as amended: Provided, 
That such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, not to exceed 
$94,568,000.
    In addition, for administrative expenses to carry out the guaranteed 
and insured loan programs, $700,000.

[[Page 117 STAT. 1259]]

                        administrative provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts and grants, either directly or in cooperation with States and 
other organizations.
    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may 
contract for services in support of the management, operation, and 
maintenance of the Power Division of the San Carlos Irrigation Project.
    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance fund, 
and the Indian Guaranteed Loan Program account) shall be available for 
expenses of exhibits, and purchase of not to exceed 229 passenger motor 
vehicles, of which not to exceed 187 shall be for replacement only.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office operations or pooled 
overhead general administration (except facilities operations and 
maintenance) shall be available for tribal contracts, grants, compacts, 
or cooperative agreements with the Bureau of Indian Affairs under the 
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
    In the event any tribe returns appropriations made available by this 
Act to the Bureau of Indian Affairs for distribution to other tribes, 
this action shall not diminish the Federal Government's trust 
responsibility to that tribe, or the government-to-government 
relationship between the United States and that tribe, or that tribe's 
ability to access future appropriations.
    Notwithstanding any other provision of law, no funds available to 
the Bureau, other than the amounts provided herein for assistance to 
public schools under 25 U.S.C. 452 et seq., shall be available to 
support the operation of any elementary or secondary school in the State 
of Alaska.
    Appropriations made available in this or any other Act for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of September 1, 1996. No funds available to the 
Bureau shall be used to support expanded grades for any school or 
dormitory beyond the grade structure in place or approved by the 
Secretary of the Interior at each school in the Bureau school system as 
of October 1, 1995. Funds made available under this Act may not be used 
to establish a charter school at a Bureau-funded school (as that term is 
defined in section 1146 of the Education Amendments of 1978 (25 U.S.C. 
2026)), except that a charter school that is in existence on the date of 
the enactment of this Act and that has operated at a Bureau-funded 
school before September 1, 1999, may continue to operate during that 
period, but only if the charter school pays to the Bureau a pro rata 
share of funds to reimburse the Bureau for the use of the real and 
personal property (including buses and vans), the funds of the charter 
school are kept separate and apart from Bureau funds, and the Bureau 
does not assume any obligation for charter school programs of the State 
in which the school is located if the charter school loses such funding. 
Employees of Bureau-funded schools sharing a campus with a charter 
school and performing functions related to the charter school's 
operation and employees of a charter school shall not be treated as 
Federal

[[Page 117 STAT. 1260]]

employees for purposes of chapter 171 of title 28, United States Code.

                          Departmental Offices

                             Insular Affairs

                        assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $76,343,000, of which: 
(1) $70,022,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, coral reef initiative activities, and brown 
tree snake control and research; grants to the judiciary in American 
Samoa for compensation and expenses, as authorized by law (48 U.S.C. 
1661(c)); grants to the Government of American Samoa, in addition to 
current local revenues, for construction and support of governmental 
functions; grants to the Government of the Virgin Islands as authorized 
by law; grants to the Government of Guam, as authorized by law; and 
grants to the Government of the Northern Mariana Islands as authorized 
by law (Public Law 94-241; 90 Stat. 272); and (2) $6,321,000 shall be 
available for salaries and expenses of the <<NOTE: 48 USC 
1469b.>> Office of Insular Affairs: Provided, That all financial 
transactions of the territorial and local governments herein provided 
for, including such transactions of all agencies or instrumentalities 
established or used by such governments, may be audited by the General 
Accounting Office, at its discretion, in accordance with chapter 35 of 
title 31, United States Code: Provided further, That Northern Mariana 
Islands Covenant grant funding shall be provided according to those 
terms of the Agreement of the Special Representatives on Future United 
States Financial Assistance for the Northern Mariana Islands approved by 
Public Law 104-134: Provided further, That of the amounts provided for 
technical assistance, sufficient funds shall be made available for a 
grant to the Pacific Basin Development Council: Provided further, That 
of the amounts provided for technical assistance, sufficient funding 
shall be made available for a grant to the Close Up Foundation: Provided 
further, That the funds for the program of operations and maintenance 
improvement are appropriated to institutionalize routine operations and 
maintenance improvement of capital infrastructure with territorial 
participation and cost sharing to be determined by the Secretary based 
on the grantee's commitment to timely maintenance of its capital assets: 
Provided further, That any appropriation for disaster assistance under 
this heading in this Act or previous appropriations Acts may be used as 
non-Federal matching funds for the purpose of hazard mitigation grants 
provided pursuant to section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c).

                       compact of free association

    For grants and necessary expenses, $6,434,000, as provided for in 
sections 221(a)(2), 221(b), and 233 of the Compact of Free Association 
for the Republic of Palau as authorized by Public Law 99-658; section 
103(f)(2) of title I of H.J. Res. 63 or S.J. Res. 16, (as introduced 
July 8, 2003, and July 14, 2003, respectively); and section 221(a)(2) of 
the Compacts of Free Association and

[[Page 117 STAT. 1261]]

their related agreements between the Government of the United States and 
the Government of the Republic of the Marshall Islands (signed April 30, 
2003), and between the Government of the United States and the Federated 
States of Micronesia (signed May 14, 2003); to remain available until 
expended. Further, $142,400,000 shall be available until expended, of 
which $76,700,000 shall be provided for the Federated States of 
Micronesia and shall be used for grants and necessary expenses as 
provided for (and in accordance with and subject to the terms, 
conditions, procedures, and requirements set forth in) sections 211, 
212, 213, 214, and 216 of the Compact of Free Association and its 
related agreements between the Government of the United States and the 
Government of the Federated States of Micronesia (signed May 14, 2003); 
$50,700,000 shall be provided for the Republic of the Marshall Islands 
and shall be used for grants and necessary expenses as provided for (and 
in accordance with, and subject to the terms, conditions, procedures, 
and requirements set forth in) sections 211, 212, 213, 214, 215, and 217 
of the Compact of Free Association and its related agreements between 
the Government of the United States and the Government of the Republic 
of the Marshall Islands (signed April 30, 2003); and $15,000,000 shall 
be made available for the effect of U.S.-FSM Compact and U.S.-RMI 
Compact, in accordance with, and subject to the terms, conditions, 
procedures, and requirements set forth in section 104(e) of title I of 
H.J. Res. 63, or S.J. Res. 16 (as introduced July 8, 2003, and July 14, 
2003, respectively). The funding made available in this paragraph shall 
not be used to fund the Trust Funds of the Compacts of Free Association, 
however measures necessary to set up the Trust Funds in accordance with 
the agreement between the Government of the United States and the 
Government of the Federated States of Micronesia (signed May 14, 2003) 
and the agreement between the Government of the United States and the 
Government of the Republic of the Marshall Islands (signed April 30, 
2003) implementing section 215 and section 216, respectively, of the 
Compacts regarding a Trust Fund are authorized and may commence. If the 
aforementioned H.J. Res. 63, S.J. Res. 16, or similar legislation as 
identified in the President's fiscal year 2004 budget to approve the 
Compacts of Free Association (dated April 30, 2003, and May 14, 2003) 
and their related agreements is enacted, any funding made available 
under this paragraph shall be considered to have been made available and 
expended for and under that enacted legislation purposes of funding for 
fiscal year 2004.
    Section 231 of <<NOTE: 48 USC 1901 note.>> Public Law 99-239 is 
amended by striking ``If these negotiations'' and all that follows 
through the final period and inserting the following: ``The period for 
the enactment of legislation approving the agreements resulting from 
such negotiations shall extend through the earlier of the date of the 
enactment of such legislation or September 30, 2004, during which time 
the provisions of this Compact, including title three, shall remain in 
full force and effect.''.

                         Departmental Management

                          salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $78,933,000, of which not to exceed $8,500 may

[[Page 117 STAT. 1262]]

be for official reception and representation expenses, and of which up 
to $1,000,000 shall be available for workers compensation payments and 
unemployment compensation payments associated with the orderly closure 
of the <<NOTE: Deadline. Reports.>> United States Bureau of Mines: 
Provided, That of this amount, sufficient funds shall be available for 
the Secretary of the Interior, not later than 60 days after the last day 
of the fiscal year, to submit to Congress a report on the amount of 
acquisitions made by the Department of the Interior during such fiscal 
year of articles, materials, or supplies that were manufactured outside 
the United States. Such report shall separately indicate the dollar 
value of any articles, materials, or supplies purchased by the 
Department of the Interior that were manufactured outside the United 
States, an itemized list of all waivers under the Buy American Act (41 
U.S.C. 10a et seq.) that were granted with respect to such articles, 
materials, or supplies, and a summary of total procurement funds spent 
on goods manufactured in the United States versus funds spent on goods 
manufactured outside of the United States. The Secretary of the Interior 
shall make the report publicly available by posting the report on an 
Internet website: Provided further, That none of the funds in this or 
previous appropriations Acts may be used to establish any additional 
reserves in the Working Capital Fund account other than the two 
authorized reserves without prior approval of the House and Senate 
Committees on Appropriations.

    Of the unobligated balances in the Special Foreign Currency account, 
                     $1,400,000 are hereby canceled.

    For the acquisition of a departmental financial and business 
management system, $11,700,000, to remain available until expended: 
Provided, That from unobligated balances under this heading, $20,000,000 
are hereby canceled.

                        payments in lieu of taxes

    For expenses necessary to implement the Act of October 20, 1976, as 
amended (31 U.S.C. 6901-6907), $227,500,000, of which not to exceed 
$400,000 shall be available for administrative expenses: Provided, That 
no payment shall be made to otherwise eligible units of local government 
if the computed amount of the payment is less than $100.

                         Office of the Solicitor

                          salaries and expenses

    For necessary expenses of the Office of the Solicitor, $50,374,000.

                       Office of Inspector General

                          salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$38,749,000, of which $3,812,000 shall be for procurement by contract of 
independent auditing services to audit the consolidated Department of 
the Interior annual financial statement and the

[[Page 117 STAT. 1263]]

annual financial statement of the Department of the Interior bureaus and 
offices funded in this Act.

             Office of Special Trustee for American Indians

                         federal trust programs

    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and grants, 
$189,641,000, to remain available until expended: Provided, That of the 
amounts available under this heading not to exceed $45,000,000 shall be 
available for records collection and indexing, imaging and coding, 
accounting for per capita and judgment accounts, accounting for tribal 
accounts, reviewing and distributing funds from special deposit 
accounts, and program management of the Office of Historical Trust 
Accounting, including litigation support: Provided further, That nothing 
in the American Indian Trust Management Reform Act of 1994, Public Law 
103-412, or in any other statute, and no principle of common law, shall 
be construed or applied to require the Department of the Interior to 
commence or continue historical accounting activities with respect to 
the Individual Indian Money Trust until the earlier of the following 
shall have occurred: (a) Congress shall have amended the American Indian 
Trust Management Reform Act of 1994 to delineate the specific historical 
accounting obligations of the Department of the Interior with respect to 
the Individual Indian Money Trust; or (b) December 31, 2004: Provided 
further, That funds for trust management improvements and litigation 
support may, as needed, be transferred to or merged with the Bureau of 
Indian Affairs, ``Operation of Indian Programs'' account; the Office of 
the Solicitor, ``Salaries and Expenses'' account; and the Departmental 
Management, ``Salaries and Expenses'' account: Provided further, That 
funds made available to Tribes and Tribal organizations through 
contracts or grants obligated during fiscal year 2004, as authorized by 
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
remain available until expended by the contractor or grantee: Provided 
further, That notwithstanding any other provision of law, the statute of 
limitations shall not commence to run on any claim, including any claim 
in litigation pending on the date of the enactment of this Act, 
concerning losses to or mismanagement of trust funds, until the affected 
tribe or individual Indian has been furnished with an accounting of such 
funds from which the beneficiary can determine whether there has been a 
loss: Provided further, <<NOTE: 25 USC 4011 note.>> That notwithstanding 
any other provision of law, the Secretary shall not be required to 
provide a quarterly statement of performance for any Indian trust 
account that has not had activity for at least 18 months and has a 
balance of $1.00 or less: Provided further, That the Secretary shall 
issue an annual account statement and maintain a record of any such 
accounts and shall permit the balance in each such account to be 
withdrawn upon the express written request of the account holder: 
Provided further, That not to exceed $50,000 is available for the 
Secretary to make payments to correct administrative errors of either 
disbursements from or deposits to Individual Indian Money or Tribal 
accounts after September 30, 2002: Provided further, That erroneous 
payments that are recovered shall be credited to and remain available in 
this account for this purpose.

[[Page 117 STAT. 1264]]

                        indian land consolidation

    For consolidation of fractional interests in Indian lands and 
expenses associated with redetermining and redistributing escheated 
interests in allotted lands, and for necessary expenses to carry out the 
Indian Land Consolidation Act of 1983, as amended, by direct expenditure 
or cooperative agreement, $21,980,000, to remain available until 
expended: Provided, That funds provided under this heading may be 
expended pursuant to the authorities contained in the provisos under the 
heading ``Office of Special Trustee for American Indians, Indian Land 
Consolidation'' of the Interior and Related Agencies Appropriations Act, 
2001 (Public Law 106-291).

           Natural Resource Damage Assessment and Restoration

                 natural resource damage assessment fund

    To conduct natural resource damage assessment and restoration 
activities by the Department of the Interior necessary to carry out the 
provisions of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (42 U.S.C. 9601 et seq.), Federal Water 
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et seq.), and 
Public Law 101-337, as amended (16 U.S.C. 19jj et seq.), $5,633,000, to 
remain available until expended.

                        administrative provisions

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, 15 aircraft, 10 of which shall be for 
replacement and which may be obtained by donation, purchase or through 
available excess surplus property: Provided, That existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value used 
to offset the purchase price for the replacement aircraft: Provided 
further, That no programs funded with appropriated funds in the 
``Departmental Management'', ``Office of the Solicitor'', and ``Office 
of Inspector General'' may be augmented through the Working Capital 
Fund: Provided further, That the annual budget justification for 
Departmental Management shall describe estimated Working Capital Fund 
charges to bureaus and offices, including the methodology on which 
charges are based: Provided further, That departures from the Working 
Capital Fund estimates contained in the Departmental Management budget 
justification shall be presented to the Committees on Appropriations for 
approval: Provided further, That the Secretary shall provide a semi-
annual report to the Committees on Appropriations on reimbursable 
support agreements between the Office of the Secretary and the National 
Business Center and the bureaus and offices of the Department, including 
the amounts billed pursuant to such agreements.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction,

[[Page 117 STAT. 1265]]

replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section are hereby designated by Congress to be ``emergency 
requirements'' pursuant to section 502 of H. Con. Res. 95, the 
concurrent resolution on the budget for fiscal year 2004, and must be 
replenished by a supplemental appropriation which must be requested as 
promptly as possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer of 
any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of wildland fires on or threatening 
lands under the jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its jurisdiction; 
for emergency actions related to potential or actual earthquakes, 
floods, volcanoes, storms, or other unavoidable causes; for contingency 
planning subsequent to actual oil spills; for response and natural 
resource damage assessment activities related to actual oil spills; for 
the prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the jurisdiction 
of the Secretary, pursuant to the authority in section 1773(b) of Public 
Law 99-198 (99 Stat. 1658); for emergency reclamation projects under 
section 410 of Public Law 95-87; and shall transfer, from any no year 
funds available to the Office of Surface Mining Reclamation and 
Enforcement, such funds as may be necessary to permit assumption of 
regulatory authority in the event a primacy State is not carrying out 
the regulatory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for wildland fire operations shall be 
available for the payment of obligations incurred during the preceding 
fiscal year, and for reimbursement to other Federal agencies for 
destruction of vehicles, aircraft, or other equipment in connection with 
their use for wildland fire operations, such reimbursement to be 
credited to appropriations currently available at the time of receipt 
thereof: Provided further, That for wildland fire operations, no funds 
shall be made available under this authority until the Secretary 
determines that funds appropriated for ``wildland fire operations'' 
shall be exhausted within 30 days: Provided further, That all funds used 
pursuant to this section are hereby designated by Congress to be 
``emergency requirements'' pursuant to section 502 of H. Con. Res. 95, 
the concurrent resolution on the budget for fiscal year 2004, and must 
be replenished by a supplemental appropriation which must be requested 
as promptly as possible: Provided further, That such replenishment funds 
shall be used to reimburse, on a pro rata basis, accounts from which 
emergency funds were transferred.
    Sec. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized by 
sections 1535 and 1536 of title 31, United States Code: Provided, That 
reimbursements for costs and supplies, materials, equipment,

[[Page 117 STAT. 1266]]

and for services rendered may be credited to the appropriation current 
at the time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 105. Appropriations available to the Department of the Interior 
for salaries and expenses shall be available for uniforms or allowances 
therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
    Sec. 106. Annual appropriations made in this title shall be 
available for obligation in connection with contracts issued for 
services or rentals for periods not in excess of 12 months beginning at 
any time during the fiscal year.
    Sec. 107. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore preleasing, 
leasing and related activities placed under restriction in the 
President's moratorium statement of June 12, 1998, in the areas of 
northern, central, and southern California; the North Atlantic; 
Washington and Oregon; and the eastern Gulf of Mexico south of 26 
degrees north latitude and east of 86 degrees west longitude.
    Sec. 108. No funds provided in this title may be expended by the 
Department of the Interior to conduct offshore oil and natural gas 
preleasing, leasing and related activities in the eastern Gulf of Mexico 
planning area for any lands located outside Sale 181, as identified in 
the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program, 
1997-2002.
    Sec. 109. No funds provided in this title may be expended by the 
Department of the Interior to conduct oil and natural gas preleasing, 
leasing and related activities in the Mid-Atlantic and South Atlantic 
planning areas.
    Sec. 110. Notwithstanding any other provisions of law, the National 
Park Service shall not develop or implement a reduced entrance fee 
program to accommodate non-local travel through a unit. The Secretary 
may provide for and regulate local non-recreational passage through 
units of the National Park System, allowing each unit to develop 
guidelines and permits for such activity appropriate to that unit.
    Sec. 111. Advance payments made under this title to Indian tribes, 
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or 
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may 
be invested by the Indian tribe, tribal organization, or consortium 
before such funds are expended for the purposes of the grant, compact, 
or annual funding agreement so long as such funds are--
            (1) invested by the Indian tribe, tribal organization, or 
        consortium only in obligations of the United States, or in 
        obligations or securities that are guaranteed or insured by the 
        United

[[Page 117 STAT. 1267]]

        States, or mutual (or other) funds registered with the 
        Securities and Exchange Commission and which only invest in 
        obligations of the United States or securities that are 
        guaranteed or insured by the United States; or
            (2) deposited only into accounts that are insured by an 
        agency or instrumentality of the United States, or are fully 
        collateralized to ensure protection of the funds, even in the 
        event of a bank failure.

    Sec. 112. Appropriations made in this Act under the headings Bureau 
of Indian Affairs and Office of Special Trustee for American Indians and 
any unobligated balances from prior appropriations Acts made under the 
same headings shall be available for expenditure or transfer for Indian 
trust management and reform activities, except that total funding for 
historical accounting activities shall not exceed amounts specifically 
designated in this Act for such purpose.
    Sec. 113. Notwithstanding any other provision of law, for the 
purpose of reducing the backlog of Indian probate cases in the 
Department of the Interior, the hearing requirements of chapter 10 of 
title 25, United States Code, are deemed satisfied by a proceeding 
conducted by an Indian probate judge, appointed by the Secretary without 
regard to the provisions of title 5, United States Code, governing the 
appointments in the competitive service, for such period of time as the 
Secretary determines necessary: Provided, That the basic pay of an 
Indian probate judge so appointed may be fixed by the Secretary without 
regard to the provisions of chapter 51, and subchapter III of chapter 53 
of title 5, United States Code, governing the classification and pay of 
General Schedule employees, except that no such Indian probate judge may 
be paid at a level which exceeds the maximum rate payable for the 
highest grade of the General Schedule, including locality pay.
    Sec. 114. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in Tribal 
Priority Allocation funds of more than 10 percent in fiscal year 2004. 
Under circumstances of dual enrollment, overlapping service areas or 
inaccurate distribution methodologies, the 10 percent limitation does 
not apply.
    Sec. 115. Funds appropriated for the Bureau of Indian Affairs for 
postsecondary schools for fiscal year 2004 shall be allocated among the 
schools proportionate to the unmet need of the schools as determined by 
the Postsecondary Funding Formula adopted by the Office of Indian 
Education Programs.
    Sec. 116. (a) The Secretary of the Interior shall take such action 
as may be necessary to ensure that the lands comprising the Huron 
Cemetery in Kansas City, Kansas (as described in section 123 of Public 
Law 106-291) are used only in accordance with this section.
    (b) The lands of the Huron Cemetery shall be used only: (1) for 
religious and cultural uses that are compatible with the use of the 
lands as a cemetery; and (2) as a burial ground.
    Sec. 117. Notwithstanding any other provision of law, in conveying 
the Twin Cities Research Center under the authority provided by Public 
Law 104-134, as amended by Public Law 104-

[[Page 117 STAT. 1268]]

208, the Secretary may accept and retain land and other forms of 
reimbursement: Provided, That the Secretary may retain and use any such 
reimbursement until expended and without further appropriation: (1) for 
the benefit of the National Wildlife Refuge System within the State of 
Minnesota; and (2) for all activities authorized by Public Law 100-696; 
16 U.S.C. 460zz.
    Sec. 118. <<NOTE: 16 USC 460bb note.>> Notwithstanding other 
provisions of law, the National Park Service hereafter may authorize, 
through cooperative agreement, the Golden Gate National Parks 
Association to provide fee-based education, interpretive and visitor 
service functions within the Crissy Field and Fort Point areas of the 
Presidio.

    Sec. 119. Notwithstanding 31 U.S.C. 3302(b), sums received by the 
Bureau of Land Management for the sale of seeds or seedlings including 
those collected in fiscal year 2003, may be credited to the 
appropriation from which funds were expended to acquire or grow the 
seeds or seedlings and are available without fiscal year limitation.
    Sec. 120. Subject to the terms and conditions of section 126 of the 
Department of the Interior and Related Agencies Act, 2002, the 
Administrator of General Services shall sell all right, title, and 
interest of the United States in and to the improvements and equipment 
of the White River Oil Shale Mine.
    Sec. 121. The Secretary of the Interior may use or contract for the 
use of helicopters or motor vehicles on the Sheldon and Hart National 
Wildlife Refuges for the purpose of capturing and transporting horses 
and burros. The provisions of subsection (a) of the Act of September 8, 
1959 (18 U.S.C. 47(a)) shall not be applicable to such use. Such use 
shall be in accordance with humane procedures prescribed by the 
Secretary.
    Sec. 122. Of the funds made available under the heading ``Bureau of 
Land Management, Land Acquisition'' in title I of the Department of the 
Interior and Related Agencies Appropriation Act, 2002 (115 Stat. 420), 
the Secretary of the Interior shall grant $500,000 to the City of St. 
George, Utah, for the purchase of the land as provided in the Virgin 
River Dinosaur Footprint Preserve Act (116 Stat. 2896), with any surplus 
funds available after the purchase to be available for the purpose of 
the preservation of the land and the paleontological resources on the 
land.
    Sec. 123. Funds provided in this Act for Federal land acquisition by 
the National Park Service for Shenandoah Valley Battlefields National 
Historic District, New Jersey Pinelands Preserve, and Ice Age National 
Scenic Trail may be used for a grant to a State, a local government, or 
any other governmental land management entity for the acquisition of 
lands without regard to any restriction on the use of Federal land 
acquisition funds provided through the Land and Water Conservation Fund 
Act of 1965 as amended.
    Sec. 124. None of the funds made available by this Act may be 
obligated or expended by the National Park Service to enter into or 
implement a concession contract which permits or requires the removal of 
the underground lunchroom at the Carlsbad Caverns National Park.
    Sec. 125. None of the funds made available in this Act may be used: 
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis 
Island; or (2) to prevent pedestrian use of such bridge, when such 
pedestrian use is consistent with generally accepted safety standards.

[[Page 117 STAT. 1269]]

    Sec. 126. <<NOTE: 16 USC 459j-4 note.>> None of the funds made 
available in this or any other Act for any fiscal year may be used to 
designate, or to post any sign designating, any portion of Canaveral 
National Seashore in Brevard County, Florida, as a clothing-optional 
area or as an area in which public nudity is permitted, if such 
designation would be contrary to county ordinance.

    Sec. 127. None of the funds in this or any other Act can be used to 
compensate the Special Master and the Special Master-Monitor, and all 
variations thereto, appointed by the United States District Court for 
the District of Columbia in the Cobell v. Norton litigation at an annual 
rate that exceeds 200 percent of the highest Senior Executive Service 
rate of pay for the Washington-Baltimore locality pay area.
    Sec. 128. The Secretary of the Interior may use discretionary funds 
to pay private attorneys fees and costs for employees and former 
employees of the Department of the Interior reasonably incurred in 
connection with Cobell v. Norton to the extent that such fees and costs 
are not paid by the Department of Justice or by private insurance. In no 
case shall the Secretary make payments under this section that would 
result in payment of hourly fees in excess of the highest hourly rate 
approved by the District Court for the District of Columbia for counsel 
in Cobell v. Norton.
    Sec. 129. The United States Fish and Wildlife Service shall, in 
carrying out its responsibilities to protect threatened and endangered 
species of salmon, implement a system of mass marking of salmonid 
stocks, intended for harvest, that are released from Federally operated 
or Federally financed hatcheries including but not limited to fish 
releases of coho, chinook, and steelhead species. Marked fish must have 
a visible mark that can be readily identified by commercial and 
recreational fishers.
    Sec. 130. Such sums as may be necessary from ``Departmental 
Management, Salaries and Expenses'', may be transferred to ``United 
States Fish and Wildlife Service, Resource Management'' for operational 
needs at the Midway Atoll National Wildlife Refuge airport.
    Sec. 131. (a) In General.--Nothing in section 134 of the Department 
of the Interior and Related Agencies Appropriations Act, 2002 (115 Stat. 
443) affects the decision of the United States Court of Appeals for the 
10th Circuit in Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).
    (b) Use of Certain Indian Land.--Nothing in this section permits the 
conduct of gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) on land described in section 123 of the Department of the 
Interior and Related Agencies Appropriations Act, 2001 (114 Stat. 944), 
or land that is contiguous to that land, regardless of whether the land 
or contiguous land has been taken into trust by the Secretary of the 
Interior.
    Sec. 132. No funds appropriated for the Department of the Interior 
by this Act or any other Act shall be used to study or implement any 
plan to drain Lake Powell or to reduce the water level of the lake below 
the range of water levels required for the operation of the Glen Canyon 
Dam.
    Sec. 133. Notwithstanding the limitation in subparagraph (2)(B) of 
section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)), 
the total amount of all fees imposed by the National Indian Gaming 
Commission for fiscal year 2005 shall not exceed $12,000,000.

[[Page 117 STAT. 1270]]

    Sec. 134. The State of Utah's contribution requirement pursuant to 
Public Law 105-363 shall be deemed to have been satisfied and within 
thirty days of enactment of this Act, the Secretary of the Interior 
shall transfer to the State of Utah all right, title, and interest of 
the United States in and to the Wilcox Ranch lands acquired under 
section 2(b) of Public Law 105-363, for management by the Utah Division 
of Wildlife Resources for wildlife habitat and public access to the 
Ranch as well as to adjacent lands managed by the Bureau of Land 
Management.
    Sec. 135. <<NOTE: Congaree National Park, designation. 16 USC 410jjj 
note.>> Upon enactment of this Act, the Congaree Swamp National Monument 
shall be designated the Congaree National Park.

    Sec. 136. (a) Section 122 of division F of Public Law 108-7 is 
amended as follows:
            (1) <<NOTE: 25 USC 2501 note.>> Paragraph 122(a)(4) is 
        amended to read--
            ``(4) Tribally controlled school.--The term `tribally 
        controlled school' means a school that currently receives a 
        grant under the Tribally Controlled Schools Act of 1988, as 
        amended (25 U.S.C. 2501 et seq.) or is determined by the 
        Secretary to meet the eligibility criteria of section 5205 of 
        the Tribally Controlled Schools Act of 1988, as amended (25 
        U.S.C. 2504).''.
            (2) Paragraph 122(b)(1) is amended by striking the second 
        sentence and inserting: ``The Secretary shall ensure that 
        applications for funding to replace schools currently receiving 
        funding for facility operation and maintenance from the Bureau 
        of Indian Affairs receive the highest priority for grants under 
        this section. Among such applications, the Secretary shall give 
        priority to applications of Indian tribes that agree to fund all 
        future facility operation and maintenance costs of the tribally 
        controlled school funded under the demonstration program from 
        other than Federal funds.''.
            (3) Subsection (c) is amended by inserting after ``Effect of 
        Grant.--'' the following: ``(1) Except as provided in paragraph 
        (2) of this subsection,'' and is further amended by adding the 
        following new paragraph:
            ``(2) A tribe receiving a grant for construction of a 
        tribally controlled school under this section shall not be 
        eligible to receive funding from the Bureau of Indian Affairs 
        for that school for education operations or facility operation 
        and maintenance if the school that was not at the time of the 
        grant: (i) a school receiving funding for education operations 
        or facility operation and maintenance under the Tribally 
        Controlled Schools Act or the Indian Self-Determination and 
        Education Assistance Act or (ii) a school operated by the Bureau 
        of Indian Affairs.''.

    (b) Notwithstanding the provisions of paragraph (b)(1) of section 
122 of division F of Public Law 108-7, as amended by this Act, the 
Saginaw-Chippewa tribal school and the Redwater Elementary School shall 
receive priority for funding available in fiscal year 2004. The Saginaw-
Chippewa tribal school shall receive $3,000,000 from prior year funds, 
and the Redwater Elementary School shall receive $6,000,000 available in 
fiscal year 2004.
    Sec. 137. <<NOTE: Deadline.>> The Secretary shall have no more than 
180 days from October 1, 2003, to prepare and submit to the Congress, in 
a manner otherwise consistent with the Indian Tribal Judgment Funds Use 
or Distribution Act (25 U.S.C. 1401 et seq.), plans

[[Page 117 STAT. 1271]]

for the use and distribution of the Mescalero Apache Tribe's Judgment 
Funds from Docket 92-403L, the Pueblo of Isleta's Judgment Funds from 
Docket 98-166L, and the Assiniboine and Sioux Tribes of the Fort Peck 
Reservation's Judgment Funds in Docket No. 773-87-L of 
the <<NOTE: Effective dates.>> United States Court of Federal Claims; 
each plan shall become effective upon the expiration of a 60-day period 
beginning on the day each plan is submitted to the Congress.

    Sec. 138. (a) Short Title.--This <<NOTE: Eastern Band of Cherokee 
Indians Land Exchange Act of 2003. 16 USC 460a-5 note.>> section may be 
cited as the ``Eastern Band of Cherokee Indians Land Exchange Act of 
2003''.

    (b) Findings and Purposes.--
            (1) Findings.--Congress finds the following:
                    (A) Since time immemorial, the ancestors of the 
                Eastern Band of Cherokee Indians have lived in the Great 
                Smoky Mountains of North Carolina. The Eastern Band's 
                ancestral homeland includes substantial parts of seven 
                eastern States and the land that now constitutes the 
                Great Smoky Mountains National Park.
                    (B) The Eastern Band has proposed a land exchange 
                with the National Park Service and has spent over 
                $1,500,000 for studies to thoroughly inventory the 
                environmental and cultural resources of the proposed 
                land exchange parcels.
                    (C) Such land exchange would benefit the American 
                public by enabling the National Park Service to acquire 
                the Yellow Face tract, comprising 218 acres of land 
                adjacent to the Blue Ridge Parkway.
                    (D) Acquisition of the Yellow Face tract for 
                protection by the National Park Service would serve the 
                public interest by preserving important views for Blue 
                Ridge Parkway visitors, preserving habitat for 
                endangered species and threatened species including the 
                northern flying squirrel and the rock gnome lichen, 
                preserving valuable high altitude wetland seeps, and 
                preserving the property from rapidly advancing 
                residential development.
                    (E) The proposed land exchange would also benefit 
                the Eastern Band by allowing it to acquire the 
                Ravensford tract, comprising 143 acres adjacent to the 
                Tribe's trust territory in Cherokee, North Carolina, and 
                currently within the Great Smoky Mountains National Park 
                and Blue Ridge Parkway. The Ravensford tract is part of 
                the Tribe's ancestral homeland as evidenced by 
                archaeological finds dating back no less than 6,000 
                years.
                    (F) The Eastern Band has a critical need to replace 
                the current Cherokee Elementary School, which was built 
                by the Department of the Interior over 40 years ago with 
                a capacity of 480 students. The school now hosts 794 
                students in dilapidated buildings and mobile classrooms 
                at a dangerous highway intersection in downtown 
                Cherokee, North Carolina.
                    (G) The Eastern Band ultimately intends to build a 
                new three-school campus to serve as an environmental, 
                cultural, and educational ``village,'' where Cherokee 
                language and culture can be taught alongside the 
                standard curriculum.

[[Page 117 STAT. 1272]]

                    (H) The land exchange and construction of this 
                educational village will benefit the American public by 
                preserving Cherokee traditions and fostering a vibrant, 
                modern, and well-educated Indian nation.
                    (I) The land exchange will also reunify tribal 
                reservation lands now separated between the Big Cove 
                Community and the balance of the Qualla Boundary, 
                reestablishing the territorial integrity of the Eastern 
                Band.
                    (J) The Ravensford tract contains no threatened 
                species or endangered species listed pursuant to the 
                Endangered Species Act of 1973. The 218-acre Yellow Face 
                tract has a number of listed threatened species and 
                endangered species and a higher appraised value than the 
                143-acre Ravensford tract.
                    (K) The American public will benefit from the 
                Eastern Band's commitment to mitigate any impacts on 
                natural and cultural resources on the Ravensford tract, 
                by among other things reducing the requested acreage 
                from 168 to 143 acres.
                    (L) The Congress and the Department of the Interior 
                have approved land exchanges in the past when the 
                benefits to the public and requesting party are clear, 
                as they are in this case.
            (2) Purposes.--The purposes of this section are the 
        following:
                    (A) To acquire the Yellow Face tract for protection 
                by the National Park Service, in order to preserve the 
                Waterrock Knob area's spectacular views, endangered 
                species and high altitude wetland seeps from 
                encroachment by housing development, for the benefit and 
                enjoyment of the American public.
                    (B) To transfer the Ravensford tract, to be held in 
                trust by the United States for the benefit of the 
                Eastern Band of Cherokee Indians, in order to provide 
                for an education facility that promotes the cultural 
                integrity of the Eastern Band and to reunify two 
                Cherokee communities that were historically contiguous, 
                while mitigating any impacts on natural and cultural 
                resources on the tract.
                    (C) To promote cooperative activities and 
                partnerships between the Eastern band and the National 
                Park Service within the Eastern Band's ancestral 
                homelands.

    (c) Land Exchange.--
            (1) In general.--The Secretary of the Interior 
        (``Secretary'') shall exchange the Ravensford tract, currently 
        in the Great Smoky Mountains National Park and the Blue Ridge 
        Parkway, for the Yellow Face tract adjacent to the Waterrock 
        Knob Visitor Center on the Blue Ridge Parkway.
            (2) Treatment of exchanged lands.--Effective upon receipt by 
        the Secretary of a deed or deeds satisfactory to the Secretary 
        for the lands comprising the Yellow Face tract (as described in 
        subsection (3)) to the United States, all right, title, and 
        interest of the United States in and to the Ravensford tract (as 
        described in subsection (4)), including all improvements and 
        appurtenances, are declared to be held in trust by the United 
        States for the benefit of the Eastern Band of Cherokee Indians 
        as part of the Cherokee Indian Reservation.

[[Page 117 STAT. 1273]]

            (3) Yellow face tract.--The Yellow Face tract shall contain 
        Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face Section, 
        Qualla Township, Jackson County, North Carolina, which consist 
        altogether of approximately 218 acres and are depicted as the 
        ``Yellow Face Tract'' on the map entitled ``Land Exchange 
        Between the National Park Service and the Eastern Band of 
        Cherokee Indians,'' numbered 133/80020A, and dated November 
        2002. The map shall be on file and available for public 
        inspection in the appropriate offices of the National Park 
        Service and the Bureau of Indian Affairs. Upon completion of the 
        land exchange, the Secretary shall adjust the boundary of the 
        Blue Ridge Parkway to include such lands and shall manage the 
        lands as part of the parkway.
            (4) Ravensford tract.--The lands declared by subsection (2) 
        to be held in trust for the Eastern Band of Cherokee Indians 
        shall consist of approximately 143 acres depicted as the 
        ``Ravensford Tract'' on the map identified in subsection (3). 
        Upon completion of the land exchange, the Secretary shall adjust 
        the boundaries of Great Smoky Mountains National Park and the 
        Blue Ridge Parkway to exclude such lands.
            (5) Legal descriptions.--Not <<NOTE: Deadline.>> later than 
        1 year after the date of enactment of this section, the 
        Secretary of the Interior shall file a legal description of the 
        areas described in subsections (3) and (4) with the Committee on 
        Resources of the House of Representatives and the Committee on 
        Indian Affairs and the Committee on Energy and Natural Resources 
        of the Senate. Such legal descriptions shall have the same force 
        and effect as if the information contained in the description 
        were included in those subsections except that the Secretary may 
        correct clerical and typographical errors in such legal 
        descriptions. The legal descriptions shall be on file and 
        available for public inspection in the offices of the National 
        Park Service and the Bureau of Indian Affairs.

    (d) Implementation Process.--
            (1) Government-to-government agreements.--In order to 
        fulfill the purposes of this section and to establish 
        cooperative partnerships for purposes of this section the 
        Director of the National Park Service and the Eastern Band of 
        Cherokee Indians shall enter into government-to-government 
        consultations and shall develop protocols to review planned 
        construction on the Ravensford tract. The Director of the 
        National Park Service is authorized to enter into cooperative 
        agreements with the Eastern Band for the purpose of providing 
        training, management, protection, preservation, and 
        interpretation of the natural and cultural resources on the 
        Ravensford tract.
            (2) Construction standards.--Recognizing the mutual 
        interests and responsibilities of the Eastern Band of Cherokee 
        Indians and the National Park Service for the conservation and 
        protection of the resources on the Ravensford tract, the 
        National Park Service and the Eastern Band shall develop 
        mutually agreed upon standards for size, impact, and design of 
        construction consistent with the purposes of this section on the 
        Ravensford tract. The standards shall be consistent with the 
        Eastern Band's need to develop educational facilities and 
        support infrastructure adequate for current and future 
        generations and shall otherwise minimize or mitigate any adverse 
        impacts on natural or cultural resources. The standards

[[Page 117 STAT. 1274]]

        shall be based on recognized best practices for environmental 
        sustainability and shall be reviewed periodically and revised as 
        necessary. Development of the tract shall be limited to a road 
        and utility corridor, an educational campus, and the 
        infrastructure necessary to support such development. No new 
        structures shall be constructed on the part of the Ravensford 
        tract depicted as the ``No New Construction'' area on the map 
        referred to in subsection (c)(3), which is generally the area 
        north of the point where Big Cove Road crosses the Raven Fork 
        River. All development on the Ravensford tract shall be 
        conducted in a manner consistent with this section and such 
        development standards.

    (e) Gaming Prohibition.--Gaming as defined and regulated by the 
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall be 
prohibited on the Ravensford tract.
    Sec. 139. Notwithstanding any implementation of the Department of 
the Interior's trust reorganization plan within fiscal years 2003 or 
2004, funds appropriated for fiscal year 2004 shall be available to the 
tribes within the California Tribal Trust Reform Consortium and to the 
Salt River Pima Maricopa Indian Community, the Confederated Salish-
Kootenai Tribes of the Flathead Reservation and the Chippewa Cree Tribe 
of the Rocky Boys Reservation on the same basis as funds were 
distributed in fiscal year 2003. This Demonstration Project shall 
operate separate and apart from the Department of the Interior's trust 
reform reorganization, and the Department shall not impose its trust 
management infrastructure upon or alter the existing trust resource 
management systems of the above referenced tribes having a self-
governance compact and operating in accordance with the Tribal Self-
Governance Program set forth in 25 U.S.C. Sections 458aa-458hh: 
Provided, That the California Trust Reform Consortium and any other 
participating tribe agree to carry out their responsibilites under the 
same fiduciary standards as those to which the Secretary of the Interior 
is held: Provided further, That they demonstrate to the satisfaction of 
the Secretary that they have the capability to do so.
    Sec. 140. (a) Short Title.--This <<NOTE: Blue Ridge National 
Heritage Area Act of 2003. 16 USC 461 note.>> section may be cited as 
the ``Blue Ridge National Heritage Area Act of 2003''.

    (b) Findings and Purpose.--
            (1) Findings.--Congress finds that:
                    (A) The Blue Ridge Mountains and the extensive 
                cultural and natural resources of the Blue Ridge 
                Mountains have played a significant role in the history 
                of the United States and the State of North Carolina.
                    (B) Archaeological evidence indicates that the Blue 
                Ridge Mountains have been inhabited by humans since the 
                last retreat of the glaciers, with the Native Americans 
                living in the area at the time of European discovery 
                being primarily of Cherokee descent.
                    (C) The Blue Ridge Mountains of western North 
                Carolina, including the Great Smoky Mountains, played a 
                unique and significant role in the establishment and 
                development of the culture of the United States through 
                several distinct legacies, including--
                          (i) the craft heritage that--
                                    (I) was first influenced by the 
                                Cherokee Indians;

[[Page 117 STAT. 1275]]

                                    (II) was the origin of the 
                                traditional craft movement starting in 
                                1900 and the contemporary craft movement 
                                starting in the 1940's; and
                                    (III) is carried out by over 4,000 
                                craftspeople in the Blue Ridge Mountains 
                                of western North Carolina, the third 
                                largest concentration of such people in 
                                the United States;
                          (ii) a musical heritage comprised of 
                      distinctive instrumental and vocal traditions 
                      that--
                                    (I) includes stringband music, 
                                bluegrass, ballad singing, blues, and 
                                sacred music;
                                    (II) has received national 
                                recognition; and
                                    (III) has made the region one of the 
                                richest repositories of traditional 
                                music and folklife in the United States;
                          (iii) the Cherokee heritage--
                                    (I) dating back thousands of years; 
                                and
                                    (II) offering--
                                            (aa) nationally significant 
                                        cultural traditions practiced by 
                                        the Eastern Band of Cherokee 
                                        Indians;
                                            (bb) authentic tradition 
                                        bearers;
                                            (cc) historic sites; and
                                            (dd) historically important 
                                        collections of Cherokee 
                                        artifacts; and
                          (iv) the agricultural heritage established by 
                      the Cherokee Indians, including medicinal and 
                      ceremonial food crops, combined with the historic 
                      European patterns of raising livestock, 
                      culminating in the largest number of specialty 
                      crop farms in North Carolina.
                    (D) The artifacts and structures associated with 
                those legacies are unusually well-preserved.
                    (E) The Blue Ridge Mountains are recognized as 
                having one of the richest collections of historical 
                resources in North America.
                    (F) The history and cultural heritage of the Blue 
                Ridge Mountains are shared with the States of Virginia, 
                Tennessee, and Georgia.
                    (G) there are significant cultural, economic, and 
                educational benefits in celebrating and promoting this 
                mutual heritage.
                    (H) according to the 2002 reports entitled ``The 
                Blue Ridge Heritage and Cultural Partnership'' and 
                ``Western North Carolina National Heritage Area 
                Feasibility Study and Plan'', the Blue Ridge Mountains 
                contain numerous resources that are of outstanding 
                importance to the history of the United States.
                    (I) it is in the interest of the United States to 
                preserve and interpret the cultural and historical 
                resources of the Blue Ridge Mountains for the education 
                and benefit of present and future generations.
            (2) Purpose.--The purpose of this section is to foster a 
        close working relationship with, and to assist, all levels of 
        government, the private sector, and local communities in the 
        State in managing, preserving, protecting, and interpreting the 
        cultural, historical, and natural resources of the Heritage Area 
        while continuing to develop economic opportunities.

[[Page 117 STAT. 1276]]

    (c) Definitions.--
            (1) In this section:
                    (A) Heritage area.--The term ``Heritage Area'' means 
                the Blue Ridge National Heritage Area established by 
                subsection (d).
                    (B) Management entity.--The term ``management 
                entity'' means the management entity for the Heritage 
                Area designated by subsection (d)(3).
                    (C) Management plan.--The term ``management plan'' 
                means the management plan for the Heritage Area approved 
                under subsection (e).
                    (D) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior.
                    (E) State.--The term ``State'' means the State of 
                North Carolina.

    (d) Blue Ridge National Heritage Area.--
            (1) Establishment.--There is established the Blue Ridge 
        National Heritage Area in the State.
            (2) Boundaries.--The Heritage Area shall consist of the 
        counties of Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, 
        Cherokee, Clay, Graham, Haywood, Henderson, Jackson, McDowell, 
        Macon, Madison, Mitchell, Polk, Rutherford, Surry, Swain, 
        Transylvania, Watauga, Wilkes, Yadkin, and Yancey in the State.
            (3) Management entity.--
                    (A) In general.--As a condition of the receipt of 
                funds made available under subsection (i), the Blue 
                Ridge National Heritage Area Partnership shall be the 
                management entity for the Heritage Area.
                    (B) Board of directors.--
                          (i) Composition.--The management entity shall 
                      be governed by a board of directors composed of 
                      nine members, of whom--
                                    (I) two members shall be appointed 
                                by AdvantageWest;
                                    (II) two members shall be appointed 
                                by HandMade In America, Inc.;
                                    (III) one member shall be appointed 
                                by the Education Research Consortium of 
                                Western North Carolina;
                                    (IV) one member shall be appointed 
                                by the Eastern Band of the Cherokee 
                                Indians; and
                                    (V) three members shall be appointed 
                                by the Governor of North Carolina and 
                                shall--
                                            (aa) reside in 
                                        geographically diverse regions 
                                        of the Heritage Area;
                                            (bb) be a representative of 
                                        State or local governments or 
                                        the private sector; and
                                            (cc) have knowledge of 
                                        tourism, economic and community 
                                        development, regional planning, 
                                        historic preservation, cultural 
                                        or natural resources 
                                        development, regional planning, 
                                        conservation, recreational 
                                        services, education, or museum 
                                        services.

    (e) Management Plan.--
            (1) In general.--Not <<NOTE: Deadline.>> later than 3 years 
        after the date of enactment of this section, the management 
        entity shall

[[Page 117 STAT. 1277]]

        submit to the Secretary for approval a management plan for the 
        Heritage Area.
            (2) Consideration of other plans and actions.--In developing 
        the management plan, the management entity shall--
                    (A) for the purpose of presenting a unified 
                preservation and interpretation plan, take into 
                consideration Federal, State, and local plans; and
                    (B) provide for the participation of residents, 
                public agencies, and private organizations in the 
                Heritage Area.
            (3) Contents.--The management plan shall--
                    (A) present comprehensive recommendations and 
                strategies for the conservation, funding, management, 
                and development of the Heritage Area;
                    (B) identify existing and potential sources of 
                Federal and non-Federal funding for the conservation, 
                management, and development of the Heritage Area; and
                    (C) include--
                          (i) an inventory of the cultural, historical, 
                      natural, and recreational resources of the 
                      Heritage Area, including a list of property that--
                                    (I) relates to the purposes of the 
                                Heritage Area; and
                                    (II) should be conserved, restored, 
                                managed, developed, or maintained 
                                because of the significance of the 
                                property;
                          (ii) a program of strategies and actions for 
                      the implementation of the management plan that 
                      identifies the roles of agencies and organizations 
                      that are involved in the implementation of the 
                      management plan;
                          (iii) an interpretive and educational plan for 
                      the Heritage Area;
                          (iv) a recommendation of policies for resource 
                      management and protection that develop 
                      intergovernmental cooperative agreements to manage 
                      and protect the cultural, historical, natural, and 
                      recreational resources of the Heritage Area; and
                          (v) an analysis of ways in which Federal, 
                      State, and local programs may best be coordinated 
                      to promote the purposes of this section.
            (4) Effect of failure to submit.--If a management plan is 
        not submitted to the Secretary by the date described in 
        paragraph (1), the Secretary shall not provide any additional 
        funding under this section until a management plan is submitted 
        to the Secretary.
            (5) Approval or disapproval of management plan.--
                    (A) In general.--Not <<NOTE: Deadline.>> later than 
                90 days after receiving the management plan submitted 
                under paragraph (1), the Secretary shall approve or 
                disapprove the management plan.
                    (B) Criteria.--In determining whether to approve the 
                management plan, the Secretary shall consider whether 
                the management plan--
                          (i) has strong local support from landowners, 
                      business interests, nonprofit organizations, and 
                      governments in the Heritage Area; and

[[Page 117 STAT. 1278]]

                          (ii) has a high potential for effective 
                      partnership mechanisms.
                    (C) Action following disapproval.--If the Secretary 
                disapproves a management plan under subparagraph (A), 
                the Secretary shall--
                          (i) advise the management entity in writing of 
                      the reasons for the disapproval;
                          (ii) make recommendations for revisions to the 
                      management plan; and
                          (iii) allow the management entity to submit to 
                      the Secretary revisions to the management plan.
                    (D) Deadline for approval of revision.--Not later 
                than 60 days after the date on which a revision is 
                submitted under subparagraph (C)(iii), the Secretary 
                shall approve or disapprove the proposed revision.
            (6) Amendment of approved management plan.--
                    (A) In general.--After approval by the Secretary of 
                a management plan, the management entity shall 
                periodically--
                          (i) review the management plan; and
                          (ii) submit to the Secretary, for review and 
                      approval, the recommendation of the management 
                      entity for any amendments to the management plan.
                    (B) Use of funds.--No funds made available under 
                subsection (i) shall be used to implement any amendment 
                proposed by the management entity under subparagraph (A) 
                until the Secretary approves the amendment.

    (f) Authorities and Duties of the Management Entity.--
            (1) Authorities.--For the purposes of developing and 
        implementing the management plan, the management entity may use 
        funds made available under subsection (i) to--
                    (A) make grants to, and enter into cooperative 
                agreements with, the State (including a political 
                subdivision), nonprofit organizations, or persons;
                    (B) hire and compensate staff; and
                    (C) enter into contracts for goods and services.
            (2) Duties.--In addition to developing the management plan, 
        the management entity shall--
                    (A) develop and implement the management plan while 
                considering the interests of diverse units of 
                government, businesses, private property owners, and 
                nonprofit groups in the Heritage Area;
                    (B) conduct public meetings in the Heritage Area at 
                least semiannually on the development and implementation 
                of the management plan;
                    (C) give priority to the implementation of actions, 
                goals, and strategies in the management plan, including 
                providing assistance to units of government, nonprofit 
                organizations, and persons in--
                          (i) carrying out the programs that protect 
                      resources in the Heritage Area;
                          (ii) encouraging economic viability in the 
                      Heritage Area in accordance with the goals of the 
                      management plan;
                          (iii) establishing and maintaining 
                      interpretive exhibits in the Heritage Area;

[[Page 117 STAT. 1279]]

                          (iv) developing recreational and educational 
                      opportunities in the Heritage Area; and
                          (v) increasing public awareness of and 
                      appreciation for the cultural, historical, and 
                      natural resources of the Heritage Area; and
                    (D) for any fiscal year for which Federal funds are 
                received under subsection (i)--
                          (i) submit to the Secretary a report that 
                      describes, for the fiscal year--
                                    (I) the accomplishments of the 
                                management entity;
                                    (II) the expenses and income of the 
                                management entity; and
                                    (III) each entity to which a grant 
                                was made;
                          (ii) make available for audit by Congress, the 
                      Secretary, and appropriate units of government, 
                      all records relating to the expenditure of funds 
                      and any matching funds; and
                          (iii) require, for all agreements authorizing 
                      expenditure of Federal funds by any entity, that 
                      the receiving entity make available for audit all 
                      records relating to the expenditure of funds.
            (3) Prohibition on the acquisition of real property.--The 
        management entity shall not use Federal funds received under 
        subsection (i) to acquire real property or an interest in real 
        property.

    (g) Technical and Financial Assistance.--
            (1) In general.--The Secretary may provide to the management 
        entity technical assistance and, subject to the availability of 
        appropriations, financial assistance, for use in developing and 
        implementing the management plan.
            (2) Priority for assistance.--In providing assistance under 
        subsection (a), the Secretary shall give priority to actions 
        that facilitate--
                    (A) the preservation of the significant cultural, 
                historical, natural, and recreational resources of the 
                Heritage Area; and
                    (B) the provision of educational, interpretive, and 
                recreational opportunities that are consistent with the 
                resources of the Heritage Area.

    (h) Land Use Regulation.--
            (1) In general.--Nothing in this section--
                    (A) grants any power of zoning or land use to the 
                management entity; or
                    (B) modifies, enlarges, or diminishes any authority 
                of the Federal Government or any State or local 
                government to regulate any use of land under any law 
                (including regulations).
            (2) Private property.--Nothing in this section--
                    (A) abridges the rights of any person with respect 
                to private property;
                    (B) affects the authority of the State or local 
                government with respect to private property; or
                    (C) imposes any additional burden on any property 
                owner.

    (i) Authorization of Appropriations.--

[[Page 117 STAT. 1280]]

            (1) In general.--There is authorized to be appropriated to 
        carry out this section $10,000,000, of which not more than 
        $1,000,000 shall be made available for any fiscal year.
            (2) Non-federal share.--The non-Federal share of the cost of 
        any activities carried out using Federal funds made available 
        under subsection (a) shall be not less than 50 percent.

    (j) Termination of Authority.--The authority of the Secretary to 
provide assistance under this section terminates on the date that is 15 
years after the date of enactment of this section.
    Sec. 141. (a) Payment to the Harriet Tubman Home, Auburn, New York, 
Authorized.--(1) The Secretary of the Interior may, using amounts 
appropriated or otherwise made available by this title, make a payment 
to the Harriet Tubman Home in Auburn, New York, in the amount of 
$11,750.
    (2) The amount specified in paragraph (1) is the amount of widow's 
pension that Harriet Tubman should have received from January 1899 to 
March 1913 under various laws authorizing pension for the death of her 
husband, Nelson Davis, a deceased veteran of the Civil War, but did not 
receive, adjusted for inflation since March 1913.
    (b) Use of Amounts.--The Harriet Tubman Home shall use amounts paid 
under subsection (a) for the purposes of--
            (1) preserving and maintaining the Harriet Tubman Home; and
            (2) honoring the memory of Harriet Tubman.

    Sec. 142. Nonrenewable grazing permits authorized in the Jarbidge 
Field Office, Bureau of Land Management within the past seven years 
shall be renewed under section 402 of the Federal Land Policy and 
Management Act of 1976, as amended (43 U.S.C. 1752) and under section 3 
of the Taylor Grazing Act of 1934, as amended (43 U.S.C. 315b). The 
terms and conditions contained in the most recently expired nonrenewable 
grazing permit shall continue in effect under the renewed permit. Upon 
completion of any required analysis or documentation, the permit may be 
canceled, suspended or modified, in whole or in part, to meet the 
requirements of applicable laws and regulations. Nothing in this section 
shall be deemed to extend the nonrenewable permits beyond the standard 
1-year term.
    Sec. 143. Interim Compensation Payments. Section 2303(b) of Public 
Law 106-246 (114 Stat. 549) is amended by inserting before the period at 
the end the following: ``, unless the amount of the interim compensation 
exceeds the amount of the final compensation''.
    Sec. 144. Pursuant to section 10101f(d)(3) of the Omnibus Budget 
Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3), the following claims 
shall be given notice of defect and the opportunity to cure: AKFF054162-
AKFF054163, AKFF054165-AKFF054166, and AKFF054170-AKFF054171.
    Sec. 145. <<NOTE: 16 USC 1a-1 note.>> None of the funds appropriated 
or otherwise made 
available by this or any other Act, hereafter enacted, may be used 
to permit the use of the National Mall for a special event, unless 
the permit expressly prohibits the erection, placement, or use of 
structures and signs bearing commercial advertising. The Secretary 
may allow for recognition of sponsors of special events: Provided, 
That the size and form of the recognition shall be consistent with 
the special nature and sanctity of the Mall and any lettering or 
design identifying the sponsor shall be no larger than one-third 


[[Page 117 STAT. 1281]]

the size of the lettering or design identifying the special event. In 
approving special events, the Secretary shall ensure, to the maximum 
extent practicable, that public use of, and access to the Mall is not 
restricted. For purposes of this section, the term ``special event'' 
shall have the meaning given to it by section 7.96(g)(1)(ii) of title 
36, Code of Federal Regulations.
    Sec. 146. In addition to amounts provided to the Department of the 
Interior in this Act, $5,000,000 is provided for a grant to Kendall 
County, Illinois.
    Sec. 147. Conveyance to the City of Las Vegas, Nevada. Section 
705(b) of the Clark County Conservation of Public Land and Natural 
Resources Act of 2002 (116 Stat. 2015) is amended by inserting after 
``map'' the following: ``and the approximately 10 acres of land in Clark 
County, Nevada, described as the NW\1/4\ SE\1/4\ SW\1/4\ of section 28, 
T. 20 S., R. 60 E., Mount Diablo Base and Meridian''.
    Sec. 148.  Congaree Swamp National Monument Boundary Revision. The 
first section of Public Law 94-545 (90 Stat. 2517; 102 Stat. 
2607) <<NOTE: 16 USC 431 note.>> is amended--
            (1) in subsection (b), by striking the last sentence; and
            (2) by adding at the end the following:

    ``(c) Acquisition of Additional Land.--
            ``(1) In general.--The Secretary may acquire by donation, by 
        purchase from a willing seller with donated or appropriated 
        funds, by transfer, or by exchange, land or an interest in land 
        described in paragraph (2) for inclusion in the monument.
            ``(2) Description of land.--The land referred to in 
        paragraph (1) is the approximately 4,576 acres of land adjacent 
        to the Monument, as depicted on the map entitled ``Congaree 
        National Park Boundary Map'', numbered 178/80015, and dated 
        August 2003.
            ``(3) Availability of map.--The map referred to in paragraph 
        (2) shall be on file and available for public inspection in the 
        appropriate offices of the National Park Service.
            ``(4) Boundary revision.--On acquisition of the land or an 
        interest in land under paragraph (1), the Secretary shall revise 
        the boundary of the monument to reflect the acquisition.
            ``(5) Administration.--Any land acquired by the Secretary 
        under paragraph (1) shall be administered by the Secretary as 
        part of the monument.
            ``(6) Effect.--Nothing in this section--
                    ``(A) affects the use of private land adjacent to 
                the monument;
                    ``(B) preempts the authority of the State with 
                respect to the regulation of hunting, fishing, boating, 
                and wildlife management on private land or water outside 
                the boundaries of the monument; or
                    ``(C) negatively affects the economic development of 
                the areas surrounding the monument.

    ``(d) Acreage Limitation.--The total acreage of the monument shall 
not exceed 26,776 acres.''.
    Sec. 149. Section 104 (16 U.S.C. 1374) is amended in subsection 
(c)(5)(D) by striking ``the date of the enactment of the Marine Mammal 
Protection Act Amendments of 1994'' and inserting ``February 18, 1997''.
    Sec. 150. <<NOTE: Regulations. 16 USC 460m-20 note.>> The National 
Park Service shall issue a special regulation concerning continued 
hunting at New River Gorge National

[[Page 117 STAT. 1282]]

River in compliance with the requirements of the Administrative 
Procedures Act, with opportunity for public comment, and shall also 
comply with the National Environmental Policy Act as appropriate. 
Notwithstanding any other provision of law, the September 25, 2003 
interim final rule authorizing continued hunting at New River Gorge 
National River shall be in effect until the final special regulation 
supercedes it.

                       TITLE II--RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

    For necessary expenses of forest and rangeland research as 
authorized by law, $269,710,000, to remain available until expended: 
Provided, That of the funds provided, $52,359,000 is for the forest 
inventory and analysis program.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, including treatments of pests, 
pathogens, and invasive or noxious plants and for restoring and 
rehabilitating forests damaged by pests or invasive plants, cooperative 
forestry, and education and land conservation activities and conducting 
an international program as authorized, $308,140,000, to remain 
available until expended, as authorized by law of which $64,934,000 is 
to be derived from the Land and Water Conservation Fund: 
Provided, <<NOTE: Notification.>> That none of the funds provided under 
this heading for the acquisition of lands or interests in lands shall be 
available until the Forest Service notifies the House Committee on 
Appropriations and the Senate Committee on Appropriations, in writing, 
of specific contractual and grant details including the non-Federal cost 
share of each project, related to the acquisition of lands or interests 
in lands to be undertaken with such funds: Provided 
further, <<NOTE: Grants.>> That each forest legacy grant shall be for a 
specific project or set of specific tasks: Provided further, That grants 
for acquisition of lands or conservation easements shall require that 
the State demonstrates that 25 percent of the total value of the project 
is comprised of a non-Federal cost share: Provided further, That 
notwithstanding any other provision of law, of the funds provided under 
this heading, $500,000 shall be made available to Kake Tribal 
Corporation as an advance direct lump sum payment to implement the Kake 
Tribal Corporation Land Transfer Act (Public Law 106-283).

                         national forest system

    For necessary expenses of the Forest Service, not otherwise provided 
for, for management, protection, improvement, and utilization of the 
National Forest System, $1,382,916,000, to remain available until 
expended, which shall include 50 percent of all moneys received during 
prior fiscal years as fees collected under the Land

[[Page 117 STAT. 1283]]

and Water Conservation Fund Act of 1965, as amended, in accordance with 
section 4 of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated 
balances available at the start of fiscal year 2004 shall be displayed 
by budget line item in the fiscal year 2005 budget justification: 
Provided further, That the Secretary may authorize the expenditure or 
transfer of such sums as necessary to the Department of the Interior, 
Bureau of Land Management, for removal, preparation, and adoption of 
excess wild horses and burros from National Forest System lands, and for 
the performance of cadastral surveys to designate the boundaries of such 
lands: Provided further, That of the funds provided under this heading 
for Forest Products, $5,000,000 shall be allocated to the Alaska Region, 
in addition to its normal allocation for the purposes of preparing 
additional timber for sale, to establish a 3-year timber supply and such 
funds may be transferred to other appropriations accounts as necessary 
to maximize accomplishment: Provided further, That of the funds provided 
under this heading, $3,150,000 is for expenses required to implement 
title I of Public Law 106-248, to be segregated in a separate fund 
established by the Secretary of Agriculture: Provided further, That 
within funds available for the purpose of implementing the Valles 
Caldera Preservation Act, notwithstanding the limitations of section 
107(e)(2) of the Valles Caldera Preservation Act (Public Law 106-248), 
for fiscal year 2004, the Chair of the Board of Trustees of the Valles 
Caldera Trust may receive, upon request, compensation for each day 
(including travel time) that the Chair is engaged in the performance of 
the functions of the Board, except that compensation shall not exceed 
the daily equivalent of the annual rate in effect for members of the 
Senior Executive Service at the ES-1 level, and shall be in addition to 
any reimbursement for travel, subsistence and other necessary expenses 
incurred by the Chair in the performance of the Chair's duties.
    For an additional amount to reimburse the Judgment Fund as required 
by 41 U.S.C. 612(c) for judgment liabilities previously incurred, 
$188,405,000.

                        wildland fire management

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands and 
water, $1,643,212,000, to remain available until expended: Provided, 
That such funds including unobligated balances under this head, are 
available for repayment of advances from other appropriations accounts 
previously transferred for such purposes: Provided further, That such 
funds shall be available to reimburse State and other cooperating 
entities for services provided in response to wildfire and other 
emergencies or disasters to the extent such reimbursements by the Forest 
Service for non-fire emergencies are fully repaid by the responsible 
emergency management agency: Provided further, That not less than 50 
percent of any unobligated balances remaining (exclusive of amounts for 
hazardous fuels reduction) at the end of fiscal year 2003 shall be 
transferred, as repayment for past advances that have not been repaid, 
to the fund established pursuant to section 3 of Public Law 71-

[[Page 117 STAT. 1284]]

319 (16 U.S.C. 576 et seq.): Provided further, That notwithstanding any 
other provision of law, $8,000,000 of funds appropriated under this 
appropriation shall be used for Fire Science Research in support of the 
Joint Fire Science Program: Provided further, That all authorities for 
the use of funds, including the use of contracts, grants, and 
cooperative agreements, available to execute the Forest and Rangeland 
Research appropriation, are also available in the utilization of these 
funds for Fire Science Research: Provided further, That funds provided 
shall be available for emergency rehabilitation and restoration, 
hazardous fuels reduction activities in the urban-wildland interface, 
support to Federal emergency response, and wildfire suppression 
activities of the Forest Service: Provided further, That of the funds 
provided, $236,392,000 is for hazardous fuels reduction activities, 
$7,000,000 is for rehabilitation and restoration, $22,300,000 is for 
research activities and to make competitive research grants pursuant to 
the Forest and Rangeland Renewable Resources Research Act, as amended 
(16 U.S.C. 1641 et seq.), $51,700,000 is for State fire assistance, 
$8,240,000 is for volunteer fire assistance, $25,000,000 is for forest 
health activities on State, private, and Federal lands: Provided 
further, That amounts in this paragraph may be transferred to the 
``State and Private Forestry'', ``National Forest System'', and ``Forest 
and Rangeland Research'' accounts to fund State fire assistance, 
volunteer fire assistance, forest health management, forest and 
rangeland research, vegetation and watershed management, heritage site 
rehabilitation, and wildlife and fish habitat management and 
restoration: Provided further, That transfers of any amounts in excess 
of those authorized in this paragraph, shall require approval of the 
House and Senate Committees on Appropriations in compliance with 
reprogramming procedures contained in the statement of managers 
accompanying this Act: Provided further, That the costs of implementing 
any cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected 
parties: Provided further, That in addition to funds provided for State 
Fire Assistance programs, and subject to all authorities available to 
the Forest Service under the State and Private Forestry Appropriations, 
up to $15,000,000 may be used on adjacent non-Federal lands for the 
purpose of protecting communities when hazard reduction activities are 
planned on national forest lands that have the potential to place such 
communities at risk: Provided further, That included in funding for 
hazardous fuel reduction is $5,000,000 for implementing the Community 
Forest Restoration Act, Public Law 106-393, title VI, and any portion of 
such funds shall be available for use on non-Federal lands in accordance 
with authorities available to the Forest Service under the State and 
Private Forestry Appropriation: Provided further, That in using the 
funds provided in this Act for hazardous fuels reduction activities, the 
Secretary of Agriculture may conduct fuel reduction treatments on 
Federal lands using all contracting and hiring authorities available to 
the Secretary applicable to hazardous fuel reduction activities under 
the wildland fire management accounts: Provided further, That 
notwithstanding Federal Government procurement and contracting laws, the 
Secretaries may conduct fuel reduction treatments, rehabilitation and 
restoration, and other activities authorized under this heading on and 
adjacent to Federal lands using grants and cooperative agreements: 
Provided further, That notwithstanding Federal Government procurement

[[Page 117 STAT. 1285]]

and contracting laws, in order to provide employment and training 
opportunities to people in rural communities, the Secretaries may award 
contracts, including contracts for monitoring activities, to local 
private, non-profit, or cooperative entities; Youth Conservation Corps 
crews or related partnerships, with State, local and non-profit youth 
groups; small or micro-businesses; or other entities that will hire or 
train a significant percentage of local people to complete such 
contracts: Provided further, That the authorities described above 
relating to contracts, grants, and cooperative agreements are available 
until all funds provided in this title for hazardous fuels reduction 
activities in the urban wildland interface are obligated: Provided 
further, That the Secretary of the Interior and the Secretary of 
Agriculture may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to exceed 
$12,000,000, between the Departments when such transfers would 
facilitate and expedite jointly funded wildland fire management programs 
and projects.
    For an additional amount, $301,000,000, to repay prior year advances 
from other appropriations from which funds were transferred for wildfire 
suppression and emergency rehabilitation activities: Provided, That this 
additional amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), 
the concurrent resolution on the budget for fiscal year 2004: Provided 
further, That this additional amount and $253,000,000 of the funds 
appropriated to the Forest Service for the repayment of advances for 
fire suppression in Public Law 108-83, shall be transferred to the 
following Forest Service accounts: $96,000,000 to the Land Acquisition 
account, $95,000,000 to the Capital Improvement and Maintenance account, 
$9,000,000 to the Working Capital Fund, $52,000,000 to the National 
Forest System account, $31,000,000 to the State and Private Forestry 
account, $10,000,000 to the Forest and Rangeland Research account, 
$35,000,000 to the Salvage Sale fund, $28,000,000 to the Timber 
Purchaser Election account, $154,000,000 to the Knutson Vandenburg fund, 
$20,000,000 to the Brush Disposal account, $14,000,000 to the Forest 
Service Recreation Fee Demonstration fund, and $10,000,000 to the Forest 
Land Enhancement Program account.

                   capital improvement and maintenance

    For necessary expenses of the Forest Service, not otherwise provided 
for, $562,154,000, to remain available until expended for construction, 
reconstruction, maintenance and acquisition of buildings and other 
facilities, and for construction, reconstruction, repair, 
decommissioning, and maintenance of forest roads and trails by the 
Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 
205: Provided, That up to $15,000,000 of the funds provided herein for 
road maintenance shall be available for the decommissioning of roads, 
including unauthorized roads not part of the transportation system, 
which are no longer needed: Provided further, That no funds shall be 
expended to decommission any system road until notice and an opportunity 
for public comment has been provided on each decommissioning project: 
Provided further, That the Forest Service shall transfer $350,000 
appropriated

[[Page 117 STAT. 1286]]

in Public Law 108-7 within the Capital Improvement and Maintenance 
appropriation to the State and Private Forestry appropriation, and shall 
provide these funds for planning and construction of backcountry huts in 
Alaska.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $67,191,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended: Provided, That notwithstanding any limitations of the Land and 
Water Conservation Fund Act (16 U.S.C. 460l-9), the Secretary of 
Agriculture is henceforth authorized to utilize any funds appropriated 
under this heading from the Land and Water Conservation Fund to acquire 
Mental Health Trust lands in Alaska and, upon Federal acquisition, the 
boundaries of the Tongass National Forest shall be deemed modified to 
include such lands.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $1,069,000, to be 
derived from forest receipts.

             acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited by non-Federal parties pursuant to 
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, as 
amended (16 U.S.C. 484a), to remain available until expended.

                          range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior fiscal 
year, as fees for grazing domestic livestock on lands in National 
Forests in the 16 Western States, pursuant to section 401(b)(1) of 
Public Law 94-579, as amended, to remain available until expended, of 
which not to exceed 6 percent shall be available for administrative 
expenses associated with on-the-ground range rehabilitation, protection, 
and improvements.

     gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act.

[[Page 117 STAT. 1287]]

        management of national forest lands for subsistence uses

    For necessary expenses of the Forest Service to manage Federal lands 
in Alaska for subsistence uses under title VIII of the Alaska National 
Interest Lands Conservation Act (Public Law 96-487), $5,535,000, to 
remain available until expended.

                administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of not to exceed 124 passenger 
motor vehicles of which 21 will be used primarily for law enforcement 
purposes and of which 124 shall be for replacement; acquisition of 25 
passenger motor vehicles from excess sources, and hire of such vehicles; 
operation and maintenance of aircraft to maintain the operable fleet at 
195 aircraft for use in Forest Service wildland fire programs and other 
Forest Service programs; notwithstanding other provisions of law, 
existing aircraft being replaced may be sold, with proceeds derived or 
trade-in value used to offset the purchase price for the replacement 
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to exceed 
$100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and 
alteration of buildings and other public improvements (7 U.S.C. 2250); 
(4) acquisition of land, waters, and interests therein pursuant to 7 
U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National 
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt 
collection contracts in accordance with 31 U.S.C. 3718(c).
    None of the funds made available under this Act shall be obligated 
or expended to abolish any region, to move or close any regional office 
for National Forest System administration of the Forest Service, 
Department of Agriculture without the consent of the House and Senate 
Committees on Appropriations.
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions if and only if all previously appropriated emergency 
contingent funds under the heading ``Wildland Fire Management'' have 
been released by the President and apportioned and all wildfire 
suppression funds under the heading ``Wildland Fire Management'' are 
obligated.
    The first transfer of funds into the Wildland Fire Management 
account shall include unobligated funds, if available, from the Land 
Acquisition account and the Forest Legacy program within the State and 
Private Forestry account.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest and rangeland 
research, technical information, and assistance in foreign countries, 
and shall be available to support forestry and related natural resource 
activities outside the United States and its territories and 
possessions, including technical assistance, education and training, and 
cooperation with United States and international organizations.
    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section

[[Page 117 STAT. 1288]]

702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 
2257) or 7 U.S.C. 147b unless the proposed transfer is approved in 
advance by the House and Senate Committees on Appropriations in 
compliance with the reprogramming procedures contained in the statement 
of managers accompanying this Act.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in the statement of managers accompanying this Act.
    No funds available to the Forest Service shall be transferred to the 
Working Capital Fund of the Department of Agriculture that exceed the 
total amount transferred during fiscal year 2000 for such purposes 
without the advance approval of the House and Senate Committees on 
Appropriations.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $2,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the Youth 
Conservation Corps.
    Of the funds available to the Forest Service, $2,500 is available to 
the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the 
funds available to the Forest Service, $3,000,000 may be advanced in a 
lump sum to the National Forest Foundation to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for administrative 
expenses or projects on or benefitting National Forest System lands or 
related to Forest Service programs: Provided, That of the Federal funds 
made available to the Foundation, no more than $350,000 shall be 
available for administrative expenses: Provided further, That the 
Foundation shall obtain, by the end of the period of Federal financial 
assistance, private contributions to match on at least one-for-one basis 
funds made available by the Forest Service: Provided further, <<NOTE: 16 
USC 583j-9 note.>> That the Foundation may transfer Federal funds to a 
non-Federal recipient for a project at the same rate that the recipient 
has obtained the non-Federal matching funds: Provided further, That 
authorized investments of Federal funds held by the Foundation may be 
made only in interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interest by the United 
States.

    Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the 
funds available to the Forest Service shall be available for matching 
funds to the National Fish and Wildlife Foundation, as authorized by 16 
U.S.C. 3701-3709, and may be advanced in a lump sum to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when expenses are incurred, for projects on or benefitting 
National Forest System lands or related to Forest Service programs: 
Provided, That the Foundation shall obtain, by the end of the period of 
Federal financial assistance, private contributions to match on at least 
one-for-one basis funds advanced by the Forest Service: Provided 
further, That the Foundation may transfer Federal funds to a non-Federal 
recipient for a project at the same rate that the recipient has obtained 
the non-Federal matching funds.

[[Page 117 STAT. 1289]]

    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    Not later than 60 days <<NOTE: Deadline. Reports.>> after the date 
of the enactment of this Act, the Secretary of Agriculture shall submit 
to Congress, and make available to interested persons, a report 
containing the results of a management review of outfitter and guiding 
operations in the John Muir, Ansel Adams, and Dinkey Lakes Wilderness 
Areas of the Inyo and Sierra National Forests, California. The report 
shall include information regarding: (1) how the Secretary intends to 
minimize adverse impacts on the historic access rights of special use 
permittees in these three wilderness areas; and (2) how the Secretary 
intends to ensure timely compliance with the requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service not to exceed $500,000 may be used 
to reimburse the Office of the General Counsel (OGC), Department of 
Agriculture, for travel and related expenses incurred as a result of OGC 
assistance or participation requested by the Forest Service at meetings, 
training sessions, management reviews, land purchase negotiations and 
similar non-litigation related matters. Future budget justifications for 
both the Forest Service and the Department of Agriculture should clearly 
display the sums previously transferred and the requested funding 
transfers.
    Any appropriations or funds available to the Forest Service may be 
used for necessary expenses in the event of law enforcement emergencies 
as necessary to protect natural resources and public or employee safety: 
Provided, That such amounts shall not exceed $1,000,000.
    From funds available to the Forest Service in this Act for payment 
of costs in accordance with subsection 413(d) of Title IV, Public Law 
108-7, $3,000,000 shall be transferred by the Secretary of Agriculture 
to the Secretary of the Treasury to make reimbursement payments as 
provided in such subsection.
    The Secretary of Agriculture may authorize the sale of excess 
buildings, facilities, and other properties owned by the Forest Service 
and located on the Green Mountain National Forest, the revenues of which 
shall be retained by the Forest Service and available to the Secretary 
without further appropriation and until expended for maintenance and 
rehabilitation activities on the Green Mountain National Forest.
    The Secretary of Agriculture may transfer or reimburse funds 
available to the Forest Service, not to exceed $15,000,000, to the 
Secretary of the Interior or the Secretary of Commerce to expedite 
conferencing and consultations as required under section 7 of the 
Endangered Species Act, 16 U.S.C. 1536. The amount of the transfer or 
reimbursement shall be as mutually agreed by the Secretary of 
Agriculture and the Secretary of the Interior or Secretary of Commerce, 
as applicable, or their designees. The amount shall in no case exceed 
the actual costs of consultation and conferencing.
    Beginning on June 30, 2001 <<NOTE: Effective date. Termination 
date.>> and concluding on December 31, 2004, an eligible individual who 
is employed in any project funded

[[Page 117 STAT. 1290]]

under title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) 
and administered by the Forest Service shall be considered to be a 
Federal employee for purposes of chapter 171 of title 28, United States 
Code.
    Any funds appropriated to the Forest Service may be used to meet the 
non-Federal share requirement in section 502(c) of the Older American 
Act of 1965 (42 U.S.C. 3056(c)(2)).
    The Secretary of Agriculture may authorize the sale of excess 
buildings, facilities, and other properties owned by the Forest Service 
and located on the Wasatch-Cache National Forest, the revenues of which 
shall be retained by the Forest Service and available to the Secretary 
without further appropriation and until expended for acquisition and 
construction of administrative sites on the Wasatch-Cache National 
Forest.

                          DEPARTMENT OF ENERGY

                          clean coal technology

    Of the funds made available under this heading for obligation in 
prior years, $97,000,000 shall not be available until October 1, 2004, 
and $88,000,000 are rescinded: Provided, That funds made available in 
previous appropriations Acts shall be available for any ongoing project 
regardless of the separate request for proposal under which the project 
was selected.

                 fossil energy research and development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal of 
mineral substances without objectionable social and environmental costs 
(30 U.S.C. 3, 1602, and 1603), $681,163,000, to remain available until 
expended, of which $4,000,000 is to continue a multi-year project for 
construction, renovation, furnishing, and demolition or removal of 
buildings at National Energy Technology Laboratory facilities in 
Morgantown, West Virginia and Pittsburgh, Pennsylvania; of which not to 
exceed $536,000 may be utilized for travel and travel-related expenses 
incurred by the headquarters staff of the Office of Fossil Energy; and 
of which $172,000,000 are to be made available, after coordination with 
the private sector, for a request for proposals for a Clean Coal Power 
Initiative providing for competitively-awarded research, development, 
and demonstration projects to reduce the barriers to continued and 
expanded coal use: Provided, That no project may be selected for which 
sufficient funding is not available to provide for the total project: 
Provided further, That funds shall be expended in accordance with the 
provisions governing the use of funds contained under the heading 
``Clean Coal Technology'' in 42 U.S.C. 5903d: Provided further, That the 
Department may include provisions for repayment of Government 
contributions to individual projects in an amount up to the Government 
contribution

[[Page 117 STAT. 1291]]

to the project on terms and conditions that are acceptable to the 
Department including repayments from sale and licensing of technologies 
from both domestic and foreign transactions: Provided further, That such 
repayments shall be retained by the Department for future coal-related 
research, development and demonstration projects: Provided further, That 
any technology selected under this program shall be considered a Clean 
Coal Technology, and any project selected under this program shall be 
considered a Clean Coal Technology Project, for the purposes of 42 
U.S.C. 7651n, and Chapters 51, 52, and 60 of title 40 of the Code of 
Federal Regulations: Provided further, That no part of the sum herein 
made available shall be used for the field testing of nuclear explosives 
in the recovery of oil and gas: Provided further, That up to 4 percent 
of program direction funds available to the National Energy Technology 
Laboratory may be used to support Department of Energy activities not 
included in this account.

                 naval petroleum and oil shale reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, $18,219,000, to remain available until expended: 
Provided, That, notwithstanding any other provision of law, unobligated 
funds remaining from prior years shall be available for all naval 
petroleum and oil shale reserve activities.

                       elk hills school lands fund

    For necessary expenses in fulfilling installment payments under the 
Settlement Agreement entered into by the United States and the State of 
California on October 11, 1996, as authorized by section 3415 of Public 
Law 104-106, $36,000,000, to become available on October 1, 2004 for 
payment to the State of California for the State Teachers' Retirement 
               Fund from the Elk Hills School Lands Fund.

    For necessary expenses in carrying out energy conservation 
activities, $888,937,000, to remain available until expended: Provided, 
That $274,500,000 shall be for use in energy conservation grant programs 
as defined in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507): 
Provided further, That notwithstanding section 3003(d)(2) of Public Law 
99-509, such sums shall be allocated to the eligible programs as 
follows: $230,000,000 for weatherization assistance grants and 
$44,500,000 for State energy program grants.

                           economic regulation

    For necessary expenses in carrying out the activities of the Office 
of Hearings and Appeals, $1,047,000, to remain available until expended.

                       strategic petroleum reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant to 
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 
6201 et seq.), $173,081,000, to remain available until expended.

[[Page 117 STAT. 1292]]

                   northeast home heating oil reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operations, and management activities pursuant to the Energy 
Policy and Conservation Act of 2000, $5,000,000, to remain available 
until expended.

                    energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $82,111,000, to remain available until 
expended.

             administrative provisions, department of energy

    Appropriations under this Act for the current fiscal year shall be 
available for hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase, repair, and cleaning of uniforms; and 
reimbursement to the General Services Administration for security guard 
services.
    From appropriations under this Act, transfers of sums may be made to 
other agencies of the Government for the performance of work for which 
the appropriation is made.
    None of the funds made available to the Department of Energy under 
this Act shall be used to implement or finance authorized price support 
or loan guarantee programs unless specific provision is made for such 
programs in an appropriations Act.
    The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, private or 
foreign: Provided, That revenues and other moneys received by or for the 
account of the Department of Energy or otherwise generated by sale of 
products in connection with projects of the Department appropriated 
under this Act may be retained by the Secretary of Energy, to be 
available until expended, and used only for plant construction, 
operation, costs, and payments to cost-sharing entities as provided in 
appropriate cost-sharing contracts or agreements: Provided further, That 
the remainder of revenues after the making of such payments shall be 
covered into the Treasury as miscellaneous receipts: Provided 
further, <<NOTE: Contracts. Reports.>> That any contract, agreement, or 
provision thereof entered into by the Secretary pursuant to this 
authority shall not be executed prior to the expiration of 30 calendar 
days (not including any day in which either House of Congress is not in 
session because of adjournment of more than 3 calendar days to a day 
certain) from the receipt by the Speaker of the House of Representatives 
and the President of the Senate of a full comprehensive report on such 
project, including the facts and circumstances relied upon in support of 
the proposed project.

    No funds provided in this Act may be expended by the Department of 
Energy to prepare, issue, or process procurement documents for programs 
or projects for which appropriations have not been made.
    In addition to other authorities set forth in this Act, the 
Secretary may accept fees and contributions from public and private 
sources, to be deposited in a contributed funds account, and prosecute 
projects using such fees and contributions in cooperation with other 
Federal, State or private agencies or concerns.

[[Page 117 STAT. 1293]]

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $2,561,932,000, together with 
payments received during the fiscal year pursuant to 42 U.S.C. 238(b) 
for services furnished by the Indian Health Service: Provided, That 
funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of 
the grant or contract award and thereafter shall remain available to the 
tribe or tribal organization without fiscal year limitation: Provided 
further, That up to $18,000,000 shall remain available until expended, 
for the Indian Catastrophic Health Emergency Fund: Provided further, 
That $467,046,000 for contract medical care shall remain available for 
obligation until September 30, 2005: Provided further, That of the funds 
provided, up to $27,000,000 to remain available until expended, shall be 
used to carry out the loan repayment program under section 108 of the 
Indian Health Care Improvement Act: Provided further, That funds 
provided in this Act may be used for one-year contracts and grants which 
are to be performed in two fiscal years, so long as the total obligation 
is recorded in the year for which the funds are appropriated: Provided 
further, That the amounts collected by the Secretary of Health and Human 
Services under the authority of title IV of the Indian Health Care 
Improvement Act shall remain available until expended for the purpose of 
achieving compliance with the applicable conditions and requirements of 
titles XVIII and XIX of the Social Security Act (exclusive of planning, 
design, or construction of new facilities): Provided further, That 
funding contained herein, and in any earlier appropriations Acts for 
scholarship programs under the Indian Health Care Improvement Act (25 
U.S.C. 1613) shall remain available until expended: Provided 
further, <<NOTE: Reports. Records.>> That amounts received by tribes and 
tribal organizations under title IV of the Indian Health Care 
Improvement Act shall be reported and accounted for and available to the 
receiving tribes and tribal organizations until expended: Provided 
further, <<NOTE: Contracts. Grants.>> That, notwithstanding any other 
provision of law, of the amounts provided herein, not to exceed 
$270,734,000 shall be for payments to tribes and tribal organizations 
for contract or grant support costs associated with contracts, grants, 
self-governance compacts or annual funding agreements between the Indian 
Health Service and a tribe or tribal organization pursuant to the Indian 
Self-Determination Act of 1975, as amended, prior to or during fiscal 
year 2004, of which not to exceed $2,500,000 may be used for contract 
support costs associated with new or expanded self-determination 
contracts, grants, self-governance compacts or annual funding 
agreements: Provided further, That funds available for the Indian Health 
Care Improvement Fund may be used, as needed, to carry out activities 
typically funded under the Indian Health Facilities account: Provided 
further, That of

[[Page 117 STAT. 1294]]

the amounts provided to the Indian Health Service, $15,000,000 is 
provided for alcohol control, enforcement, prevention, treatment, 
sobriety and wellness, and education in Alaska to be distributed as 
direct lump sum payments as follows: (a) $2,000,000 to the State of 
Alaska for regional distribution to hire and equip additional Village 
Public Safety Officers to engage primarily in bootlegging prevention and 
enforcement activities; (b) $5,000,000 to the Alaska Native Tribal 
Health Consortium, which shall be allocated for: (1) substance abuse and 
behavioral health counselors through the Counselor in Every Village 
program; and (2) comprehensive substance abuse training programs for 
counselors and others delivering substance abuse services; (c) 
$6,000,000 to be divided as follows among the following Alaska Native 
regional organizations to provide substance abuse treatment and 
prevention programs: (1) $2,500,000 for Southcentral Foundation's 
Pathway Home; (2) $1,500,000 for Cook Inlet Tribal Council's substance 
abuse prevention and treatment programs; (3) $1,500,000 for Yukon-
Kuskokwim Health Corporation's Tundra Swan Inhalant Abuse Center; and 
(4) $500,000 for the Southeast Alaska Regional Health Consortium for its 
Deilee Hitt program; and (d) $2,000,000 for the Alaska Federation of 
Natives sobriety and wellness program for competitive merit-based 
grants: Provided further, That none of the funds may be used for tribal 
courts or tribal ordinance programs or any program that is not directly 
related to alcohol control, enforcement, prevention, treatment, or 
sobriety: Provided further, That no more than 10 percent may be used by 
any entity receiving funding for administrative overhead including 
indirect costs: Provided further, <<NOTE: Alaska.>> That the State of 
Alaska must maintain its existing level of effort and must use these 
funds to enhance or expand existing efforts or initiate new projects or 
programs and may not use such funds to supplant existing programs.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment of 
health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the Act 
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, 
and the Indian Health Care Improvement Act, and for expenses necessary 
to carry out such Acts and titles II and III of the Public Health 
Service Act with respect to environmental health and facilities support 
activities of the Indian Health Service, $396,232,000, to remain 
available until expended: Provided, That notwithstanding any other 
provision of law, funds appropriated for the planning, design, 
construction or renovation of health facilities for the benefit of an 
Indian tribe or tribes may be used to purchase land for sites to 
construct, improve, or enlarge health or related facilities: Provided 
further, That from the funds appropriated herein, $5,000,000 shall be 
designated by the Indian Health Service as a contribution to the Yukon-
Kuskokwim Health Corporation (YKHC) to complete a priority project for 
the acquisition of land, planning, design and construction of 79 staff 
quarters in the Bethel service area, pursuant to the negotiated project 
agreement between the YKHC and the Indian Health Service: Provided

[[Page 117 STAT. 1295]]

further, That this project shall not be subject to the construction 
provisions of the Indian Self-Determination and Education Assistance Act 
and shall be removed from the Indian Health Service priority list upon 
completion: Provided further, That the Federal Government shall not be 
liable for any property damages or other construction claims that may 
arise from YKHC undertaking this project: Provided further, That the 
land shall be owned or leased by the YKHC and title to quarters shall 
remain vested with the YKHC: Provided further, That not to exceed 
$500,000 shall be used by the Indian Health Service to purchase TRANSAM 
equipment from the Department of Defense for distribution to the Indian 
Health Service and tribal facilities: Provided further, That none of the 
funds appropriated to the Indian Health Service may be used for 
sanitation facilities construction for new homes funded with grants by 
the housing programs of the United States Department of Housing and 
Urban Development: Provided further, That not to exceed $1,000,000 from 
this account and the ``Indian Health Services'' account shall be used by 
the Indian Health Service to obtain ambulances for the Indian Health 
Service and tribal facilities in conjunction with an existing 
interagency agreement between the Indian Health Service and the General 
Services Administration: Provided further, That not to exceed $500,000 
shall be placed in a Demolition Fund, available until expended, to be 
used by the Indian Health Service for demolition of Federal buildings.

            administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances therefor as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings which are concerned with the functions or activities for which 
the appropriation is made or which will contribute to improved conduct, 
supervision, or management of those functions or activities.
    In accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the 
account of the facility providing the service and shall be available 
without fiscal year limitation. Notwithstanding any other law or 
regulation, funds transferred from the Department of Housing and Urban 
Development to the Indian Health Service shall be administered under 
Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law 
93-638, as amended.
    Funds appropriated to the Indian Health Service in this Act, except 
those used for administrative and program direction purposes, shall not 
be subject to limitations directed at curtailing Federal travel and 
transportation.

[[Page 117 STAT. 1296]]

    None of the funds made available to the Indian Health Service in 
this Act shall be used for any assessments or charges by the Department 
of Health and Human Services unless identified in the budget 
justification and provided in this Act, or approved by the House and 
Senate Committees on Appropriations through the reprogramming process. 
Personnel ceilings may not be imposed on the Indian Health Service nor 
may any action be taken to reduce the full time equivalent level of the 
Indian Health Service below the level in fiscal year 2002 adjusted 
upward for the staffing of new and expanded facilities, funding provided 
for staffing at the Lawton, Oklahoma hospital in fiscal years 2003 and 
2004, critical positions not filled in fiscal year 2002, and staffing 
necessary to carry out the intent of Congress with regard to program 
increases.
    Notwithstanding any other provision of law, funds previously or 
herein made available to a tribe or tribal organization through a 
contract, grant, or agreement authorized by title I or title III of the 
Indian Self-Determination and Education Assistance Act of 1975 (25 
U.S.C. 450), may be deobligated and reobligated to a self-determination 
contract under title I, or a self-governance agreement under title III 
of such Act and thereafter shall remain available to the tribe or tribal 
organization without fiscal year limitation.
    None of the funds made available to the Indian Health Service in 
this Act shall be used to implement the final rule published in the 
Federal Register on September 16, 1987, by the Department of Health and 
Human Services, relating to the eligibility for the health care services 
of the Indian Health Service until the Indian Health Service has 
submitted a budget request reflecting the increased costs associated 
with the proposed final rule, and such request has been included in an 
appropriations Act and enacted into law.
    With respect to functions transferred by the Indian Health Service 
to tribes or tribal organizations, the Indian Health Service is 
authorized to provide goods and services to those entities, on a 
reimbursable basis, including payment in advance with subsequent 
adjustment. The reimbursements received therefrom, along with the funds 
received from those entities pursuant to the Indian Self-Determination 
Act, may be credited to the same or subsequent appropriation account 
which provided the funding. Such amounts shall remain available until 
expended.
    Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance.
    The appropriation structure for the Indian Health Service may not be 
altered without advance approval of the House and Senate Committees on 
Appropriations.

                         OTHER RELATED AGENCIES

               Office of Navajo and Hopi Indian Relocation

                          salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $13,532,000, to remain 
available until expended: Provided, That funds provided

[[Page 117 STAT. 1297]]

in this or any other appropriations Act are to be used to relocate 
eligible individuals and groups including evictees from District 6, 
Hopi-partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the funds contained 
in this or any other Act may be used by the Office of Navajo and Hopi 
Indian Relocation to evict any single Navajo or Navajo family who, as of 
November 30, 1985, was physically domiciled on the lands partitioned to 
the Hopi Tribe unless a new or replacement home is provided for such 
household: Provided further, That no relocatee will be provided with 
more than one new or replacement home: Provided further, That the Office 
shall relocate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation or selected a 
replacement residence off the Navajo reservation or on the land acquired 
pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                               Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $6,250,000, of which 
$1,000,000 shall remain available until expended to assist with the 
Institute's efforts to develop a Continuing Education Lifelong Learning 
Center.

                         Smithsonian Institution

                          salaries and expenses

    For necessary expenses of the Smithsonian Institution, as authorized 
by law, including research in the fields of art, science, and history; 
development, preservation, and documentation of the National 
Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed 30 years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; up to five replacement passenger vehicles; purchase, 
rental, repair, and cleaning of uniforms for employees, $494,748,000, of 
which not to exceed $46,903,000 for the instrumentation program, 
collections acquisition, exhibition reinstallation, the National Museum 
of the American Indian, and the repatriation of skeletal remains program 
shall remain available until expended; and of which $828,000 for 
fellowships and scholarly awards shall remain available until September 
30, 2005; and including such funds as may be necessary to support 
American overseas research centers and a total of $125,000 for the 
Council of American Overseas Research Centers: Provided, That funds 
appropriated herein are available for advance payments to independent 
contractors performing research services or participating in official 
Smithsonian presentations: Provided further, That the Smithsonian 
Institution may expend Federal appropriations designated in this Act for 
lease or rent payments for long term and

[[Page 117 STAT. 1298]]

swing space, as rent payable to the Smithsonian Institution, and such 
rent payments may be deposited into the general trust funds of the 
Institution to the extent that federally supported activities are housed 
in the 900 H Street, N.W. building in the District of Columbia: Provided 
further, That this use of Federal appropriations shall not be construed 
as debt service, a Federal guarantee of, a transfer of risk to, or an 
obligation of, the Federal Government: Provided further, That no 
appropriated funds may be used to service debt which is incurred to 
finance the costs of acquiring the 900 H Street building or of planning, 
designing, and constructing improvements to such building.

                           facilities capital

    For necessary expenses of repair, revitalization, and alteration of 
facilities owned or occupied by the Smithsonian Institution, by contract 
or otherwise, as authorized by section 2 of the Act of August 22, 1949 
(63 Stat. 623), and for construction, including necessary personnel, 
$108,970,000, to remain available until expended, of which not to exceed 
$10,000 is for services as authorized by 5 U.S.C. 3109: Provided, That 
contracts awarded for environmental systems, protection systems, and 
repair or restoration of facilities of the Smithsonian Institution may 
be negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price: Provided further, That 
balances from amounts previously appropriated under the headings 
``Repair, Restoration and Alteration of Facilities'' and 
``Construction'' shall be transferred to and merged with this 
appropriation and shall remain until expended.

           administrative provisions, smithsonian institution

    None of the funds in this or any other Act may be used to make any 
changes to the existing Smithsonian science programs including closure 
of facilities, relocation of staff or redirection of functions and 
programs without approval from the Board of Regents of recommendations 
received from the Science Commission.
    None of the funds in this or any other Act may be used to initiate 
the design for any proposed expansion of current space or new facility 
without consultation with the House and Senate Appropriations 
Committees.
    None of the funds in this or any other Act may be used for the Holt 
House located at the National Zoological Park in Washington, D.C., 
unless identified as repairs to minimize water damage, monitor structure 
movement, or provide interim structural support.
    None of the funds available to the Smithsonian may be reprogrammed 
without the advance written approval of the House and Senate Committees 
on Appropriations in accordance with the reprogramming procedures 
contained in the statement of the managers accompanying this Act.

[[Page 117 STAT. 1299]]

                         National Gallery of Art

                          salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in advance when authorized by the 
treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for 
protecting buildings and contents thereof, and maintenance, alteration, 
improvement, and repair of buildings, approaches, and grounds; and 
purchase of services for restoration and repair of works of art for the 
National Gallery of Art by contracts made, without advertising, with 
individuals, firms, or organizations at such rates or prices and under 
such terms and conditions as the Gallery may deem proper, $87,849,000, 
of which not to exceed $3,026,000 for the special exhibition program 
shall remain available until expended.

             repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $11,600,000, to 
remain available until expended: Provided, That contracts awarded for 
environmental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may be negotiated 
with selected contractors and awarded on the basis of contractor 
qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $16,560,000.

                              construction

    For necessary expenses for capital repair and restoration of the 
existing features of the building and site of the John F. Kennedy Center 
for the Performing Arts, $16,000,000, to remain available until 
expended.

[[Page 117 STAT. 1300]]

            Woodrow Wilson International Center for Scholars

                          salaries and expenses

    For expenses necessary in carrying out the provisions of the Woodrow 
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger 
vehicles and services as authorized by 5 U.S.C. 3109, $8,604,000.

           National Foundation on the Arts and the Humanities

                     National Endowment for the Arts

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $122,480,000, shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts through assistance to organizations 
and individuals pursuant to sections 5(c) and 5(g) of the Act, including 
$17,000,000 for support of arts education and public outreach activities 
through the Challenge America program, for program support, and for 
administering the functions of the Act, to remain available until 
expended: Provided, That funds previously appropriated to the National 
Endowment for the Arts ``Matching Grants'' account and ``Challenge 
America'' account may be transferred to and merged with this account.

                  National Endowment for the Humanities

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $120,878,000, shall be 
available to the National Endowment for the Humanities for support of 
activities in the humanities, pursuant to section 7(c) of the Act, and 
for administering the functions of the Act, to remain available until 
expended.

                             matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$16,122,000, to remain available until expended, of which $10,436,000 
shall be available to the National Endowment for the Humanities for the 
purposes of section 7(h): Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the chairman or by grantees of the Endowment under 
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the 
current and preceding fiscal years for which equal amounts have not 
previously been appropriated.

                        Administrative Provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant

[[Page 117 STAT. 1301]]

or contract documents which do not include the text of 18 U.S.C. 1913: 
Provided, That none of the funds appropriated to the National Foundation 
on the Arts and the Humanities may be used for official reception and 
representation expenses: Provided further, That funds from 
nonappropriated sources may be used as necessary for official reception 
and representation expenses: Provided further, That the Chairperson of 
the National Endowment for the Arts may approve grants up to $10,000, if 
in the aggregate this amount does not exceed 5 percent of the sums 
appropriated for grant-making purposes per year: Provided further, That 
such small grant actions are taken pursuant to the terms of an expressed 
and direct delegation of authority from the National Council on the Arts 
to the Chairperson.

                         Commission of Fine Arts

                          salaries and expenses

    For expenses made necessary by the Act establishing a Commission of 
Fine Arts (40 U.S.C. 104), $1,422,000: Provided, That the Commission is 
authorized to charge fees to cover the full costs of its publications, 
and such fees shall be credited to this account as an offsetting 
collection, to remain available until expended without further 
appropriation.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 
956(a)), as amended, $7,000,000.

                Advisory Council on Historic Preservation

                          salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $4,000,000: Provided, That 
none of these funds shall be available for compensation of level V of 
the Executive Schedule or higher positions.

                  National Capital Planning Commission

                          salaries and expenses

    For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $7,730,000: Provided, <<NOTE: 40 USC 8711 
note.>> That for fiscal year 2004 and thereafter, all appointed members 
of the Commission will be compensated at a rate not to exceed the daily 
equivalent of the annual rate of pay for positions at level IV of the 
Executive Schedule for each day such member is engaged in the actual 
performance of duties.

                 United States Holocaust Memorial Museum

                        holocaust memorial museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $39,997,000, of

[[Page 117 STAT. 1302]]

which $1,900,000 for the museum's repair and rehabilitation program and 
$1,264,000 for the museum's exhibitions program shall remain available 
until expended.

                             Presidio Trust

    For necessary expenses to carry out title I of the Omnibus Parks and 
Public Lands Management Act of 1996, $20,700,000 shall be available to 
the Presidio Trust, to remain available until expended.

                      TITLE III--GENERAL PROVISIONS

    Sec. 301. <<NOTE: Contracts. Public information.>> The expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to 
those contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order issued pursuant to 
existing law.

    Sec. 302. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or opposition 
to any legislative proposal on which congressional action is not 
complete.
    Sec. 303. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 304. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of such 
department or agency except as otherwise provided by law.
    Sec. 305. No assessments may be levied against any program, budget 
activity, subactivity, or project funded by this Act unless notice of 
such assessments and the basis therefor are presented to the Committees 
on Appropriations and are approved by such committees.
    Sec. 306. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant sequoia 
(Sequoiadendron giganteum) which are located on National Forest System 
or Bureau of Land Management lands in a manner different than such sales 
were conducted in fiscal year 2003.
    Sec. 307. (a) Limitation of Funds.--None of the funds appropriated 
or otherwise made available pursuant to this Act shall be obligated or 
expended to accept or process applications for a patent for any mining 
or mill site claim located under the general mining laws.
    (b) Exceptions.--The provisions of subsection (a) shall not apply if 
the Secretary of the Interior determines that, for the claim concerned: 
(1) a patent application was filed with the Secretary on or before 
September 30, 1994; and (2) all requirements established under sections 
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or 
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised 
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 
of the Revised Statutes

[[Page 117 STAT. 1303]]

(30 U.S.C. 42) for mill site claims, as the case may be, were fully 
complied with by the applicant by that date.
    (c) Report.--On September 30, 2004, <<NOTE: Deadline.>> the 
Secretary of the Interior shall file with the House and Senate 
Committees on Appropriations and the Committee on Resources of the House 
of Representatives and the Committee on Energy and Natural Resources of 
the Senate a report on actions taken by the Department under the plan 
submitted pursuant to section 314(c) of the Department of the Interior 
and Related Agencies Appropriations Act, 1997 (Public Law 104-208).

    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of the mining claims or 
mill sites contained in a patent application as set forth in subsection 
(b). The Bureau of Land Management shall have the sole responsibility to 
choose and pay the third-party contractor in accordance with the 
standard procedures employed by the Bureau of Land Management in the 
retention of third-party contractors.
    Sec. 308. Notwithstanding any other provision of law, amounts 
appropriated to or earmarked in committee reports for the Bureau of 
Indian Affairs and the Indian Health Service by Public Laws 103-138, 
103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, 107-63, 
and 108-7 for payments to tribes and tribal organizations for contract 
support costs associated with self-determination or self-governance 
contracts, grants, compacts, or annual funding agreements with the 
Bureau of Indian Affairs or the Indian Health Service as funded by such 
Acts, are the total amounts available for fiscal years 1994 through 2003 
for such purposes, except that, for the Bureau of Indian Affairs, tribes 
and tribal organizations may use their tribal priority allocations for 
unmet indirect costs of ongoing contracts, grants, self-governance 
compacts or annual funding agreements.
    Sec. 309. <<NOTE: Grants.>> Of the funds provided to the National 
Endowment for the Arts--
            (1) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or American 
        Jazz Masters Fellowship.
            (2) <<NOTE: Procedures.>> The Chairperson shall establish 
        procedures to ensure that no funding provided through a grant, 
        except a grant made to a State or local arts agency, or regional 
        group, may be used to make a grant to any other organization or 
        individual to conduct activity independent of the direct grant 
        recipient. Nothing in this subsection shall prohibit payments 
        made in exchange for goods and services.
            (3) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.

    Sec. 310. The National Endowment for the Arts and the National 
Endowment for the Humanities are authorized to solicit, accept, receive, 
and invest in the name of the United States, gifts, bequests, or devises 
of money and other property or services and to use such in furtherance 
of the functions of the National Endowment for the Arts and the National 
Endowment for the Humanities.

[[Page 117 STAT. 1304]]

Any proceeds from such gifts, bequests, or devises, after acceptance by 
the National Endowment for the Arts or the National Endowment for the 
Humanities, shall be paid by the donor or the representative of the 
donor to the Chairman. The Chairman shall enter the proceeds in a 
special interest-bearing account to the credit of the appropriate 
endowment for the purposes specified in each case.
    Sec. 311. (a) In providing services or awarding financial assistance 
under the National Foundation on the Arts and the Humanities Act of 1965 
from funds appropriated under this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that serve underserved populations.
    (b) In this section:
            (1) The term ``underserved population'' means a population 
        of individuals, including urban minorities, who have 
        historically been outside the purview of arts and humanities 
        programs due to factors such as a high incidence of income below 
        the poverty line or to geographic isolation.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) (applicable to a 
        family of the size involved.

    (c) In providing services and awarding financial assistance under 
the National Foundation on the Arts and Humanities Act of 1965 with 
funds appropriated by this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that will encourage public knowledge, education, 
understanding, and appreciation of the arts.
    (d) <<NOTE: Grants.>> With funds appropriated by this Act to carry 
out section 5 of the National Foundation on the Arts and Humanities Act 
of 1965--
            (1) the Chairperson shall establish a grant category for 
        projects, productions, workshops, or programs that are of 
        national impact or availability or are able to tour several 
        States;
            (2) the Chairperson shall not make grants exceeding 15 
        percent, in the aggregate, of such funds to any single State, 
        excluding grants made under the authority of paragraph (1);
            (3) <<NOTE: Reports.>> the Chairperson shall report to the 
        Congress annually and by State, on grants awarded by the 
        Chairperson in each grant category under section 5 of such Act; 
        and
            (4) the Chairperson shall encourage the use of grants to 
        improve and support community-based music performance and 
        education.

    Sec. 312. No part of any appropriation contained in this Act shall 
be expended or obligated to complete and issue the 5-year program under 
the Forest and Rangeland Renewable Resources Planning Act.
    Sec. 313. None of the funds in this Act may be used to support 
Government-wide administrative functions unless such functions are 
justified in the budget process and funding is approved by the House and 
Senate Committees on Appropriations.

[[Page 117 STAT. 1305]]

    Sec. 314. Notwithstanding any other provision of law, none of the 
funds in this Act may be used for GSA Telecommunication Centers.
    Sec. 315. Notwithstanding any other provision of law, for fiscal 
year 2004 the Secretaries of Agriculture and the Interior are authorized 
to limit competition for watershed restoration project contracts as part 
of the ``Jobs in the Woods'' Program established in Region 10 of the 
Forest Service to individuals and entities in historically timber-
dependent areas in the States of Washington, Oregon, northern 
California, Idaho, Montana, and Alaska that have been affected by 
reduced timber harvesting on Federal lands. The Secretaries shall 
consider the benefits to the local economy in evaluating bids and 
designing procurements which create economic opportunities for local 
contractors.
    Sec. 316. Amounts deposited during fiscal year 2003 in the roads and 
trails fund provided for in the 14th paragraph under the heading 
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 
501), shall be used by the Secretary of Agriculture, without regard to 
the State in which the amounts were derived, to repair or reconstruct 
roads, bridges, and trails on National Forest System lands or to carry 
out and administer projects to improve forest health conditions, which 
may include the repair or reconstruction of roads, bridges, and trails 
on National Forest System lands in the wildland-community interface 
where there is an abnormally high risk of fire. The projects shall 
emphasize reducing risks to human safety and public health and property 
and enhancing ecological functions, long-term forest productivity, and 
biological integrity. The projects may be completed in a subsequent 
fiscal year. Funds shall not be expended under this section to replace 
funds which would otherwise appropriately be expended from the timber 
salvage sale fund. Nothing in this section shall be construed to exempt 
any project from any environmental law.
    Sec. 317. Other than in emergency situations, none of the funds in 
this Act may be used to operate telephone answering machines during core 
business hours unless such answering machines include an option that 
enables callers to reach promptly an individual on-duty with the agency 
being contacted.
    Sec. 318. No timber sale in Region 10 shall be advertised if the 
indicated rate is deficit when appraised using a residual value approach 
that assigns domestic Alaska values for western redcedar. Program 
accomplishments shall be based on volume sold. Should Region 10 sell, in 
fiscal year 2004, the annual average portion of the decadal allowable 
sale quantity called for in the current Tongass Land Management Plan in 
sales which are not deficit when appraised using a residual value 
approach that assigns domestic Alaska values for western redcedar, all 
of the western redcedar timber from those sales which is surplus to the 
needs of domestic processors in Alaska, shall be made available to 
domestic processors in the contiguous 48 United States at prevailing 
domestic prices. Should Region 10 sell, in fiscal year 2003, less than 
the annual average portion of the decadal allowable sale quantity called 
for in the Tongass Land Management Plan in sales which are not deficit 
when appraised using a residual value approach that assigns domestic 
Alaska values for western redcedar, the volume of western redcedar 
timber available to domestic processors at prevailing domestic prices in 
the contiguous 48 United States shall be that volume: (i) which is 
surplus to the needs

[[Page 117 STAT. 1306]]

of domestic processors in Alaska; and (ii) is that percent of the 
surplus western redcedar volume determined by calculating the ratio of 
the total timber volume which has been sold on the Tongass to the annual 
average portion of the decadal allowable sale quantity called for in the 
current Tongass Land Management Plan. The percentage shall be calculated 
by Region 10 on a rolling basis as each sale is sold (for purposes of 
this amendment, a ``rolling basis'' shall mean that the determination of 
how much western redcedar is eligible for sale to various markets shall 
be made at the time each sale is awarded). Western redcedar shall be 
deemed ``surplus to the needs of domestic processors in Alaska'' when 
the timber sale holder has presented to the Forest Service documentation 
of the inability to sell western redcedar logs from a given sale to 
domestic Alaska processors at a price equal to or greater than the log 
selling value stated in the contract. All additional western redcedar 
volume not sold to Alaska or contiguous 48 United States domestic 
processors may be exported to foreign markets at the election of the 
timber sale holder. All Alaska yellow cedar may be sold at prevailing 
export prices at the election of the timber sale holder.
    Sec. 319. <<NOTE: 16 USC 460l-6a note.>> A project undertaken by the 
Forest Service under the Recreation Fee Demonstration Program as 
authorized by section 315 of the Department of the Interior and Related 
Agencies Appropriations Act for Fiscal Year 1996, as amended, shall not 
result in--
            (1) displacement of the holder of an authorization to 
        provide commercial recreation services on Federal lands. Prior 
        to initiating any project, the Secretary shall consult with 
        potentially affected holders to determine what impacts the 
        project may have on the holders. Any modifications to the 
        authorization shall be made within the terms and conditions of 
        the authorization and authorities of the impacted agency; and
            (2) the return of a commercial recreation service to the 
        Secretary for operation when such services have been provided in 
        the past by a private sector provider, except when--
                    (A) the private sector provider fails to bid on such 
                opportunities;
                    (B) the private sector provider terminates its 
                relationship with the agency; or
                    (C) the agency revokes the permit for non-compliance 
                with the terms and conditions of the authorization.

In such cases, the agency may use the Recreation Fee Demonstration 
Program to provide for operations until a subsequent operator can be 
found through the offering of a new prospectus.
    Sec. 320. <<NOTE: 16 USC 1604 note.>> Prior to October 1, 2004, the 
Secretary of Agriculture shall not be considered to be in violation of 
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 
15 years have passed without revision of the plan for a unit of the 
National Forest System. Nothing in this section exempts the Secretary 
from any other requirement of the Forest and Rangeland Renewable 
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: 
Provided, That if the Secretary is not acting expeditiously and in good 
faith, within the funding available, to revise a plan for a unit of the 
National Forest System, this section shall be void with respect to such 
plan and a court of proper jurisdiction may order completion of the plan 
on an accelerated basis.

[[Page 117 STAT. 1307]]

    Sec. 321. No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National 
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 
et seq.) as such boundary existed on January 20, 2001, except where such 
activities are allowed under the Presidential proclamation establishing 
such monument.
    Sec. 322. Extension of Forest Service Conveyances Pilot Program.--
Section 329 of the Department of the Interior and Related Agencies 
Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107-63) is 
amended--
            (1) in subsection (b), by striking ``20'' and inserting 
        ``30'';
            (2) in subsection (c) by striking ``3'' and inserting ``8''; 
        and
            (3) in subsection (d), by striking ``2006'' and inserting 
        ``2007''.

    Sec. 323. Employees of the foundations established by Acts of 
Congress to solicit private sector funds on behalf of Federal land 
management agencies shall, in fiscal year 2005, qualify for General 
Service Administration contract airfares.
    Sec. 324. <<NOTE: Contracts. Wildfires.>> In entering into 
agreements with foreign countries pursuant to the Wildfire Suppression 
Assistance Act (42 U.S.C. 1856m) the Secretary of Agriculture and the 
Secretary of the Interior are authorized to enter into reciprocal 
agreements in which the individuals furnished under said agreements to 
provide wildfire services are considered, for purposes of tort 
liability, employees of the country receiving said services when the 
individuals are engaged in fire suppression: Provided, That the 
Secretary of Agriculture or the Secretary of the Interior shall not 
enter into any agreement under this provision unless the foreign country 
(either directly or through its fire organization) agrees to assume any 
and all liability for the acts or omissions of American firefighters 
engaged in firefighting in a foreign country: Provided further, That 
when an agreement is reached for furnishing fire fighting services, the 
only remedies for acts or omissions committed while fighting fires shall 
be those provided under the laws of the host country, and those remedies 
shall be the exclusive remedies for any claim arising out of fighting 
fires in a foreign country: Provided further, That neither the sending 
country nor any legal organization associated with the firefighter shall 
be subject to any legal action whatsoever pertaining to or arising out 
of the firefighter's role in fire suppression.

    Sec. 325. A grazing permit or lease issued by the Secretary of the 
Interior or a grazing permit issued by the Secretary of Agriculture 
where National Forest System lands are involved that expires, is 
transferred, or waived during fiscal years 2004-2008 shall be renewed 
under section 402 of the Federal Land Policy and Management Act of 1976, 
as amended (43 U.S.C. 1752), section 19 of the Granger-Thye Act, as 
amended (16 U.S.C. 5801), title III of the Bankhead-Jones Farm Tenant 
Act (7 U.S.C. 1010 et seq.), or, if applicable, section 510 of the 
California Desert Protection Act (16 U.S.C. 410aaa-50). The terms and 
conditions contained in the expired, transferred, or waived permit or 
lease shall continue in effect under the renewed permit or lease until 
such time as the Secretary of the Interior or Secretary of Agriculture 
as appropriate completes processing of such permit or lease in 
compliance

[[Page 117 STAT. 1308]]

with all applicable laws and regulations, at which time such permit or 
lease may be canceled, suspended or modified, in whole or in part, to 
meet the requirements of such applicable laws and regulations. Nothing 
in this section shall be deemed to alter the statutory authority of the 
Secretary of the Interior or the Secretary of Agriculture: Provided, 
That where National Forest System lands are involved and the Secretary 
of Agriculture has renewed an expired or waived grazing permit prior to 
fiscal year 2004, the terms and conditions of the renewed grazing permit 
shall remain in effect until such time as the Secretary of Agriculture 
completes processing of the renewed permit in compliance with all 
applicable laws and regulations or until the expiration of the renewed 
permit, whichever comes first. Upon completion of the processing, the 
permit may be canceled, suspended or modified, in whole or in part, to 
meet the requirements of applicable laws and regulations: Provided 
further, <<NOTE: Deadline. Reports. 43 USC 1752 note.>> That beginning 
in November 2004, and every year thereafter, the Secretaries of the 
Interior and Agriculture shall report to Congress the extent to which 
they are completing analysis required under applicable laws prior to the 
expiration of grazing permits, and beginning in May 2004, and every two 
years thereafter, the Secretaries shall provide Congress recommendations 
for legislative provisions necessary to ensure all permit renewals are 
completed in a timely manner. The legislative recommendations provided 
shall be consistent with the funding levels requested in the 
Secretaries' budget proposals: Provided further, That notwithstanding 
section 504 of the Rescissions Act (109 Stat. 212), the Secretaries in 
their sole discretion determine the priority and timing for completing 
required environmental analysis of grazing allotments based on the 
environmental significance of the allotments and funding available to 
the Secretaries for this purpose: Provided further, That any Federal 
lands included within the boundary of Lake Roosevelt National Recreation 
Area, as designated by the Secretary of the Interior on April 5, 1990 
(Lake Roosevelt Cooperative Management Agreement), that were utilized as 
of March 31, 1997, for grazing purposes pursuant to a permit issued by 
the National Park Service, the person or persons so utilizing such lands 
as of March 31, 1997, shall be entitled to renew said permit under such 
terms and conditions as the Secretary may prescribe, for the lifetime of 
the permittee or 20 years, whichever is less.

    Sec. 326. Notwithstanding any other provision of law or regulation, 
to promote the more efficient use of the health care funding allocation 
for fiscal year 2004, the Eagle Butte Service Unit of the Indian Health 
Service, at the request of the Cheyenne River Sioux Tribe, may pay base 
salary rates to health professionals up to the highest grade and step 
available to a physician, pharmacist, or other health professional and 
may pay a recruitment or retention bonus of up to 25 percent above the 
base pay rate.
    Sec. 327. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 328. None of the funds in this Act may be used to prepare or 
issue a permit or lease for oil or gas drilling in the Finger Lakes 
National Forest, New York, during fiscal year 2004.

[[Page 117 STAT. 1309]]

    Sec. 329. None of the funds made available in this Act may be used 
for the planning, design, or construction of improvements to 
Pennsylvania Avenue in front of the White House without the advance 
approval of the Committees on Appropriations.
    Sec. 330. In awarding a Federal Contract with funds made available 
by this Act, the Secretary of Agriculture and the Secretary of the 
Interior (the ``Secretaries'') may, in evaluating bids and proposals, 
give consideration to local contractors who are from, and who provide 
employment and training for, dislocated and displaced workers in an 
economically disadvantaged rural community, including those historically 
timber-dependent areas that have been affected by reduced timber 
harvesting on Federal lands and other forest-dependent rural communities 
isolated from significant alternative employment opportunities: 
Provided, That the Secretaries may award grants or cooperative 
agreements to local non-profit entities, Youth Conservation Corps or 
related partnerships with State, local or non-profit youth groups, or 
small or disadvantaged business: Provided further, That the contract, 
grant, or cooperative agreement is for forest hazardous fuels reduction, 
watershed or water quality monitoring or restoration, wildlife or fish 
population monitoring, or habitat restoration or management: Provided 
further, That the terms ``rural community'' and ``economically 
disadvantaged'' shall have the same meanings as in section 2374 of 
Public Law 101-624: Provided further, <<NOTE: Guidelines.>> That the 
Secretaries shall develop guidance to implement this section: Provided 
further, That nothing in this section shall be construed as relieving 
the Secretaries of any duty under applicable procurement laws, except as 
provided in this section.

    Sec. 331. No funds appropriated in this Act for the acquisition of 
lands or interests in lands may be expended for the filing of 
declarations of taking or complaints in condemnation without the 
approval of the House and Senate Committees on Appropriations: Provided, 
That this provision shall not apply to funds appropriated to implement 
the Everglades National Park Protection and Expansion Act of 1989, or to 
funds appropriated for Federal assistance to the State of Florida to 
acquire lands for Everglades restoration purposes.
    Sec. 332. Section 315(f) of the Department of the Interior and 
Related Agencies Appropriations Act, 1996 (as contained in section 
101(c) of Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a 
note), is amended--
            (1) by striking ``September 30, 2004'' and inserting 
        ``December 31, 2005''; and
            (2) by striking ``2007'' and inserting ``2008''.

    Sec. 333. Implementation of Gallatin Land Consolidation Act of 1998. 
(a) Definitions.--For purposes of this section:
            (1) ``Gallatin Land Consolidation Act of 1998'' means Public 
        Law 105-267 (112 Stat. 2371).
            (2) ``Option Agreement'' has the same meaning as defined in 
        section 3(6) of the Gallatin Land Consolidation Act of 1998.
            (3) ``Secretary'' means the Secretary of Agriculture.
            (4) ``Excess receipts'' means National Forest Fund receipts 
        from the National Forests in Montana, which are identified and 
        adjusted by the Forest Service within the fiscal year, and which 
        are in excess of funds retained for: the Salvage Sale Fund; the 
        Knutson-Vandenberg Fund; the Purchaser Road/Specified Road 
        Credits; the Twenty-Five Percent Fund, as

[[Page 117 STAT. 1310]]

        amended; the Ten Percent Road and Trail Fund; the Timber Sale 
        Pipeline Restoration Fund; the Fifty Percent Grazing Class A 
        Receipts Fund; and the Land and Water Conservation Fund 
        Recreation User Fees Receipts--Class A Fund.
            (5) ``Special Account'' means the special account referenced 
        in section 4(c)(2) of the Gallatin Land Consolidation Act of 
        1998.
            (6) ``Eastside National Forests'' has the same meaning as in 
        section 3(4) of the Gallatin Land Consolidation Act of 1998.

    (b) Special Account.--
            (1) The Secretary is authorized and directed, without 
        further appropriation or reprogramming of funds, to transfer to 
        the Special Account these enumerated funds and receipts in the 
        following order:
                    (A) timber sale receipts from the Gallatin National 
                Forest and other Eastside National Forests, as such 
                receipts are referenced in section 4(a)(2)(C) of the 
                Gallatin Land Consolidation Act of 1998;
                    (B) any available funds heretofore appropriated for 
                the acquisition of lands for National Forest purposes in 
                the State of Montana through fiscal year 2003;
                    (C) net receipts from the conveyance of lands on the 
                Gallatin National Forest as authorized by subsection 
                (c); and
                    (D) excess receipts for fiscal years 2003 through 
                2008.
            (2) All funds in the Special Account shall be available to 
        the Secretary until expended, without further appropriation, and 
        will be expended prior to the end of fiscal year 2008 for the 
        following purposes:
                    (A) the completion of the land acquisitions 
                authorized by the Gallatin Land Consolidation Act of 
                1998 and fulfillment of the Option Agreement, as may be 
                amended from time to time; and
                    (B) the acquisition of lands for which acquisition 
                funds were transferred to the Special Account pursuant 
                to subsection (b)(1)(B).
            (3) The Special Account shall be closed at the end of fiscal 
        year 2008 and any monies remaining in the Special Account shall 
        be transferred to the fund established under Public Law 90-171 
        (commonly known as the ``Sisk Act'', 16 U.S.C. 484a) to remain 
        available, until expended, for the acquisition of lands for 
        National Forest purposes in the State of Montana.
            (4) Funds deposited in the Special Account or eligible for 
        deposit shall not be subject to transfer or reprogramming for 
        wildland fire management or any other emergency purposes.

    (c) Land Conveyances Within the Gallatin National Forest.--
            (1) Conveyance authority.--The Secretary is authorized, 
        under such terms and conditions as the Secretary may prescribe 
        and without requirements for further administrative or 
        environmental analyses or examination, to sell or exchange any 
        or all rights, title, and interests of the United States in the 
        following lands within the Gallatin National Forest in the State 
        of Montana:
                    (A) SMC East Boulder Mine Portal Tract: Principal 
                Meridian, T.3S., R.11E., Section 4, lots 3 to 4 
                inclusive, W\1/2\SE\1/4\NW\1/4\, containing 76.27 acres 
                more or less.

[[Page 117 STAT. 1311]]

                    (B) Forest Service West Yellowstone Administrative 
                Site: United States Forest Service Administrative Site 
                located within the NE\1/4\ of Block 17 of the Townsite 
                of West Yellowstone which is situated in the N\1/2\ of 
                Section 34, T.13S., R.5E., Principal Meridian, Gallatin 
                County, Montana, containing 1.04 acres more or less.
                    (C) Mill Fork Mission Creek Tract: Principal 
                Meridian, T.13S., R.5E., Section 34, NW\1/4\SW\1/4\, 
                containing 40 acres more or less.
                    (D) West Yellowstone Town Expansion Tract #1: 
                Principal Meridian, T.13S., R.5E., Section 33, E\1/
                2\E\1/2\NE\1/4\, containing 40 acres more or less.
                    (E) West Yellowstone Town Expansion Tract #2: 
                Principal Meridian, T.13S., R.5E., Section 33, NE\1/
                4\SE\1/4\, containing 40 acres more or less.
            (2) Descriptions.--The Secretary may modify the descriptions 
        in subsection (c)(1) to correct errors or to reconfigure the 
        properties in order to facilitate a conveyance.
            (3) Consideration.--Consideration for a sale or exchange of 
        land under this subsection may include cash, land, or a 
        combination of both.
            (4) Valuation.--Any appraisals of land deemed necessary or 
        desirable by the Secretary to carry out the purposes of this 
        section shall conform to the Uniform Appraisal Standards for 
        Federal Land Acquisitions.
            (5) Cash equalization.--Notwithstanding any other provision 
        of law, the Secretary may accept a cash equalization payment in 
        excess of 25 percent of the value of any land exchanged under 
        this subsection.
            (6) Solicitations of offers.--The Secretary may--
                    (A) solicit offers for sale or exchange of land 
                under this subsection on such terms and conditions as 
                the Secretary may prescribe; or
                    (B) reject any offer made under this subsection if 
                the Secretary determines that the offer is not adequate 
                or not in the public interest.
            (7) Methods of sale.--The Secretary may sell land at public 
        or private sale, including competitive sale by auction, bid, or 
        otherwise, in accordance with such terms, conditions, and 
        procedures as the Secretary determines will be in the best 
        interests of the United States.
            (8) Brokers.--The Secretary may utilize brokers or other 
        third parties in the disposition of the land authorized by this 
        subsection and, from the proceeds of the sale, may pay 
        reasonable commissions or fees on the sale or sales.
            (9) Receipts from sale or exchange.--The Secretary shall 
        deposit the net receipts of a sale or exchange under this 
        subsection in the Special Account.

    (d) Miscellaneous Provisions.--
            (1) Receipts from any sale or exchange pursuant to 
        subsection (c) of this section:
                    (A) Shall not be deemed excess receipts for purposes 
                of this section.
                    (B) Shall not be paid or distributed to the State or 
                counties under any provision of law, or otherwise deemed 
                as moneys received from the National Forest for purposes 
                of the Act of May 23, 1908 or the Act of March 1, 1911

[[Page 117 STAT. 1312]]

                (16 U.S.C. 500, as amended), or the Act of March 4, 1913 
                (16 U.S.C. 501, as amended).
            (2) As of the date of enactment of this section, any public 
        land order withdrawing land described in subsection (c)(1) from 
        all forms of appropriation under the public land laws is revoked 
        with respect to any portion of the land conveyed by the 
        Secretary under this section.
            (3) Subject to valid existing rights, all lands described in 
        section (c)(1) are withdrawn from location, entry, and patent 
        under the mining laws of the United States.
            (4) The Agriculture Property Management Regulations shall 
        not apply to any action taken pursuant to this section.

    (e) Option Agreement Amendment.--The Amendment No. 1 to the Option 
Agreement is hereby ratified as a matter of Federal law and the parties 
to it are authorized to effect the terms and conditions thereof.
    Sec. 334. Subsection (c) of section 551 of the Land Between the 
Lakes Protection Act of 1998 (16 U.S.C. 460lll-61) is amended to read as 
follows:
    ``(c) Use of Funds.--The Secretary of Agriculture may expend amounts 
appropriated or otherwise made available to carry out this title in a 
manner consistent with the authorities exercised by the Tennessee Valley 
Authority before the transfer of the Recreation Area to the 
administrative jurisdiction of the Secretary, including campground 
management and visitor services, paid advertisement, and procurement of 
food and supplies for resale purposes.''.
    Sec. 335. Section 339 of the Department of the Interior and Related 
Agencies Appropriations Act, 2000, as enacted into law by section 
1000(a)(3) of Public Law 106-113 (113 Stat. 1501A-204; 16 U.S.C. 528 
note), is amended--
            (1) in subsection (b)--
                    (A) in the first sentence, by striking ``not less 
                than the fair market value'' and inserting ``fees under 
                subsection (c)''; and
                    (B) by striking the second sentence and inserting 
                the following: ``The <<NOTE: Procedures.>> Secretary 
                shall establish appraisal methods and bidding procedures 
                to determine the fair market value of forest botanical 
                products harvested under the pilot program.'';
            (2) in subsection (c), by striking paragraph (1) and 
        inserting the following new paragraph (1):
            ``(1) Imposition and collection.--Under the pilot program, 
        the Secretary of Agriculture shall charge and collect from a 
        person who harvests forest botanical products on National Forest 
        System lands a fee in an amount established by the Secretary to 
        recover at least a portion of the fair market value of the 
        harvested forest botanical products and a portion of the costs 
        incurred by the Department of Agriculture associated with 
        granting, modifying, or monitoring the authorization for harvest 
        of the forest botanical products, including the costs of any 
        environmental or other analysis.'';
            (3) in subsection (d)(1), by striking ``charges and fees 
        under subsections (b) and'' and inserting ``a fee under 
        subsection'';
            (4) in subsection (f)--
                    (A) in paragraph (1), by striking ``subsections (b) 
                and'' and inserting ``subsection'';

[[Page 117 STAT. 1313]]

                    (B) in paragraph (2), by striking ``in excess of the 
                amounts collected for forest botanical products during 
                fiscal year 1999'';
                    (C) in paragraph (3), by striking ``charges and fees 
                collected at that unit under the pilot program to pay 
                for'' and all that follows through the period at the end 
                and inserting ``fees collected at that unit under 
                subsection (c) to pay for the costs of conducting 
                inventories of forest botanical products, determining 
                sustainable levels of harvest, monitoring and assessing 
                the impacts of harvest levels and methods, conducting 
                restoration activities, including any necessary 
                vegetation, and covering costs of the Department of 
                Agriculture described in subsection (c)(1).''; and
                    (D) in paragraph (4), by striking ``subsections (b) 
                and'' and inserting ``subsection'';
            (5) in subsection (g)--
                    (A) by striking ``charges and fees under subsections 
                (b) and'' and inserting ``fees under subsection''; and
                    (B) by striking ``subsections (b) and'' the second 
                place it appears and inserting ``subsection''; and
            (6) in subsection (h), by striking paragraph (1) and 
        inserting the following new paragraph (1):
            ``(1) Collection of fees.--The <<NOTE: Termination 
        date.>> Secretary of Agriculture may collect fees under the 
        authority of subsection (c) until September 30, 2009.''.

    Sec. 336. Transfer of Forest Legacy Program Land. Section 7(l) of 
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c(l)) is 
amended by inserting after paragraph (2) the following:
            ``(3) Transfer of forest legacy program land--
                    ``(A) In general.--Subject to any terms and 
                conditions that the Secretary may require (including the 
                requirements described in subparagraph (B)), the 
                Secretary may, at the request of the State of Vermont, 
                convey to the State, by quitclaim deed, without 
                consideration, any land or interest in land acquired in 
                the State under the Forest Legacy Program.
                    ``(B) Requirements.--In conveying land or an 
                interest in land under subparagraph (A), the Secretary 
                may require that--
                          ``(i) the deed conveying the land or interest 
                      in land include requirements for the management of 
                      the land in a manner that--
                                    ``(I) conserves the land or interest 
                                in land; and
                                    ``(II) is consistent with any other 
                                Forest Legacy Program purposes for which 
                                the land or interest in land was 
                                acquired;
                          ``(ii) if the land or interest in land is 
                      subsequently sold, exchanged, or otherwise 
                      disposed of by the State of Vermont, the State 
                      shall--
                                    ``(I) reimburse the Secretary in an 
                                amount that is based on the current 
                                market value of the land or interest in 
                                land in proportion to the amount of 
                                consideration paid by the United States 
                                for the land or interest in land; or

[[Page 117 STAT. 1314]]

                                    ``(II) convey to the Secretary land 
                                or an interest in land that is equal in 
                                value to the land or interest in land 
                                conveyed.
                    ``(C) Disposition of funds.--Amounts received by the 
                Secretary under subparagraph (B)(ii) shall be credited 
                to the Wildland Fire Management account, to remain 
                available until expended.''.

    Sec. 337. Notwithstanding section 9(b) of Public Law 106-506, funds 
hereinafter appropriated under Public Law 106-506 shall require matching 
funds from non-Federal sources on the basis of aggregate contribution to 
the Environmental Improvement Program, as defined in Public Law 106-506, 
rather than on a project-by-project basis, except for those activities 
provided under section 9(c) of that Act, to which this amendment shall 
not apply.
    Sec. 338. <<NOTE: Deadlines. Alaska. Timber.>> Any application for 
judicial review of a Record of Decision for any timber sale in Region 10 
of the Forest Service that had a Notice of Intent prepared on or before 
January 1, 2003 shall--
            (1) be filed in the Alaska District of the Federal District 
        Court within 30 days after exhaustion of the Forest Service 
        administrative appeals process (36 CFR 215) or within 30 days of 
        enactment of this Act if the administrative appeals process has 
        been exhausted prior to enactment of this Act, and the Forest 
        Service shall strictly comply with the schedule for completion 
        of administrative action; and
            (2) be completed and a decision rendered by the court not 
        later than 180 days from the date such request for review is 
        filed; if a decision is not rendered by the court within 180 
        days as required by this subsection, the Secretary of 
        Agriculture shall petition the court to proceed with the action.

    Sec. 339. (a) In General.--The Secretary of Agriculture may cancel, 
with the consent of the timber purchaser, a maximum of 70 contracts for 
the sale of timber awarded between October 1, 1995 and January 1, 2002 
on the Tongass National Forest in Alaska if--
            (1) the Secretary determines, in the Secretary's sole 
        discretion, that the sale would result in a financial loss to 
        the purchaser and the costs to the government of seeking a legal 
        remedy against the purchaser would likely exceed the cost of 
        terminating the contract; and
            (2) the timber purchaser agrees to--
                    (A) terminate its rights under the contract; and
                    (B) release the United States from all liability, 
                including further consideration or compensation 
                resulting from such cancellation.

    (b) Effect of Cancellation.--
            (1) In general.--The United States shall not surrender any 
        claim against a timber purchaser that arose under a contract 
        before cancellation under this section not in connection with 
        the cancellation.
            (2) Limitation.--Cancellation of a contract under this 
        section shall release the timber purchaser from liability for 
        any damages resulting from cancellation of such contract.

    (c) Timber Available for Resale.--Timber included in a contract 
cancelled under this section shall be available for resale by the 
Secretary of Agriculture.

[[Page 117 STAT. 1315]]

    Sec. 340. (a) Justification <<NOTE: 31 USC 501 note.>> of 
Competitive Sourcing Activities.--(1) In each budget submitted by the 
President to Congress under section 1105 of title 31, United States 
Code, for a fiscal year, beginning with fiscal year 2005, amounts 
requested to perform competitive sourcing studies for programs, 
projects, and activities listed in paragraph (2) shall be set forth 
separately from other amounts requested.

    (2) <<NOTE: Applicability.>> Paragraph (1) applies to programs, 
projects, and activities--
            (A) of the Department of the Interior for which funds are 
        appropriated by this Act;
            (B) of the Forest Service; and
            (C) of the Department of Energy for which funds are 
        appropriated by this Act.

    (b) Annual Reporting Requirements on Competitive Sourcing 
Activities.--(1) <<NOTE: Deadline. 31 USC 501 note.>> Not later than 
December 31 of each year, beginning with December 31, 2003, the 
Secretary concerned shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives a report, covering the 
preceding fiscal year, on the competitive sourcing studies conducted by 
the Department of the Interior, the Forest Service, or the Department of 
Energy, as appropriate, and the costs and cost savings to the citizens 
of the United States of such studies.

    (2) In this subsection, the term ``Secretary concerned'' means--
            (A) the Secretary of the Interior, with respect to the 
        Department of the Interior programs, projects, and activities 
        for which funds are appropriated by this Act;
            (B) the Secretary of Agriculture, with respect to the Forest 
        Service; and
            (C) the Secretary of Energy, with respect to the Department 
        of Energy programs, projects, and activities for which funds are 
        appropriated by this Act.

    (3) The report under this subsection shall include, for the fiscal 
year covered--
            (A) the total number of competitions completed;
            (B) the total number of competitions announced, together 
        with a list of the activities covered by such competitions;
            (C) the total number of full-time equivalent Federal 
        employees studied under completed competitions;
            (D) the total number of full-time equivalent Federal 
        employees being studied under competitions announced, but not 
        completed;
            (E) the incremental cost directly attributable to conducting 
        the competitions identified under subparagraphs (A) and (B), 
        including costs attributable to paying outside consultants and 
        contractors;
            (F) an estimate of the total anticipated savings, or a 
        quantifiable description of improvements in service or 
        performance, derived from completed competitions;
            (G) actual savings, or a quantifiable description of 
        improvements in service or performance, derived from the 
        implementation of competitions;
            (H) the total projected number of full-time equivalent 
        Federal employees covered by competitions scheduled to be 
        announced in the fiscal year; and
            (I) a description of how the competitive sourcing decision 
        making processes are aligned with strategic workforce plans.

[[Page 117 STAT. 1316]]

    (c) Declaration <<NOTE: Deadline.>> of Competitive Sourcing 
Studies.--For fiscal year 2004, each of the Secretaries of executive 
departments referred to in subsection (b)(2) shall submit a detailed 
competitive sourcing proposal to the Committees on Appropriations of the 
Senate and the House of Representatives not later than 60 days after the 
date of the enactment of this Act. The proposal shall include, for each 
competitive sourcing study proposed to be carried out by or for the 
Secretary concerned, the number of positions to be studied, the amount 
of funds needed for the study, and the program, project, and activity 
from which the funds will be expended.

    (d) Limitation on Competitive Sourcing Studies.--(1) Of the funds 
made available by this or any other Act to the Department of Energy or 
the Department of the Interior for fiscal year 2004, not more than the 
maximum amount specified in paragraph (2)(A) may be used by the 
Secretary of Energy or the Secretary of the Interior to initiate or 
continue competitive sourcing studies in fiscal year 2004 for programs, 
projects, and activities for which funds are appropriated by this Act 
until such time as the Secretary concerned submits a reprogramming 
proposal to the Committees on Appropriations of the Senate and the House 
of Representatives, and such proposal has been processed consistent with 
the fiscal year 2004 reprogramming guidelines.
    (2) For the purposes of paragraph (1)--
            (A) the maximum amount--
                    (i) with respect to the Department of Energy is 
                $500,000; and
                    (ii) with respect to the Department of the Interior 
                is $2,500,000; and
            (B) the fiscal year 2004 reprogramming guidelines referred 
        to in such paragraph are the reprogramming guidelines set forth 
        in the joint explanatory statement accompanying the Act (H.R. 
        2691, 108th Congress, 1st session), making appropriations for 
        the Department of the Interior and related agencies for the 
        fiscal year ending September 30, 2004, and for other purposes.

    (3) Of the funds appropriated by this Act, not more than $5,000,000 
may be used in fiscal year 2004 for competitive sourcing studies and 
related activities by the Forest Service.
    (e) Limitation on Conversion to Contractor Performance.--(1) None of 
the funds made available in this or any other Act may be used to convert 
to contractor performance an activity or function of the Forest Service, 
an activity or function of the Department of the Interior performed 
under programs, projects, and activities for which funds are 
appropriated by this Act, or an activity or function of the Department 
of Energy performed under programs, projects, and activities for which 
funds are appropriated by this Act, if such activity or function is 
performed on or after the date of the enactment of this Act by more than 
10 Federal employees unless--
            (A) the conversion is based on the result of a public-
        private competition that includes a more efficient and cost 
        effective organization plan developed by such activity or 
        function; and
            (B) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers for 
        performance of the activity or function, the cost of performance 
        of the activity or function by a contractor would be less costly

[[Page 117 STAT. 1317]]

        to the Federal Government by an amount that equals or exceeds 
        the lesser of--
                    (i) 10 percent of the more efficient organization's 
                personnel-related costs for performance of that activity 
                or function by Federal employees; or
                    (ii) $10,000,000.

    (2) This subsection shall not apply to a commercial or industrial 
type function that--
            (A) is included on the procurement list established pursuant 
        to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47);
            (B) is planned to be converted to performance by a qualified 
        nonprofit agency for the blind or by a qualified nonprofit 
        agency for other severely handicapped individuals in accordance 
        with that Act; or
            (C) is planned to be converted to performance by a qualified 
        firm under at least 51 percent ownership by an Indian tribe, as 
        defined in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)), or a Native 
        Hawaiian Organization, as defined in section 8(a)(15) of the 
        Small Business Act (15 U.S.C. 637(a)(15)).

    (3) The conversion of any activity or function under the authority 
provided by this subsection shall be credited toward any competitive or 
outsourcing goal, target, or measurement that may be established by 
statute, regulation, or policy.
    (f) Competitive <<NOTE: 31 USC 501 note.>> Sourcing Study Defined.--
In this subsection, the term ``competitive sourcing study'' means a 
study on subjecting work performed by Federal Government employees or 
private contractors to public-private competition or on converting the 
Federal Government employees or the work performed by such employees to 
private contractor performance under the Office of Management and Budget 
Circular A-76 or any other administrative regulation, directive, or 
policy.

    Sec. 341. Section 4(e)(3)(A)(vi) of the Southern Nevada Public Land 
Management Act of 1998 (112 Stat. 2346; 116 Stat. 2007) is amended by 
striking ``under this Act'' and inserting ``under this Act, including 
costs incurred under paragraph (2)(A)''.
    Sec. 342. Lake Tahoe Restoration Projects. Section 4(e)(3)(A) of the 
Southern Nevada Public Land Management Act of 1998 (112 Stat. 2346; 116 
Stat. 2007) is further amended--
            (1) in clause (v), by striking ``and'' at the end;
            (2) by redesignating clause (vi) as clause (vii); and
            (3) by inserting after clause (v) the following:
                          ``(vi) transfer to the Secretary of 
                      Agriculture, or, if the Secretary of Agriculture 
                      enters into a cooperative agreement with the head 
                      of another Federal agency, the head of the Federal 
                      agency, for Federal environmental restoration 
                      projects under sections 6 and 7 of the Lake Tahoe 
                      Restoration Act (114 Stat. 2354), environmental 
                      improvement payments under section 2(g) of Public 
                      Law 96-586 (94 Stat. 3382), and any Federal 
                      environmental restoration project included in the 
                      environmental improvement program adopted by the 
                      Tahoe Regional Planning Agency in February 1998 
                      (as amended), in an amount equal to the cumulative 
                      amounts authorized to be appropriated for such 
                      projects under those Acts, in accordance with a 
                      revision to the Southern Nevada Public Land 
                      Management Act

[[Page 117 STAT. 1318]]

                      of 1998 Implementation Agreement to implement this 
                      section, which shall include a mechanism to ensure 
                      appropriate stakeholders from the States of 
                      California and Nevada participate in the process 
                      to recommend projects for funding; and''.

    Sec. 343. Estimated overhead charges, deductions, reserves or 
holdbacks from programs, projects and activities to support 
governmentwide, departmental, agency or bureau administrative functions 
or headquarters, regional or central office operations shall be 
presented in annual budget justifications. Changes to such estimates 
shall be presented to the Committees on Appropriations for approval.
    Sec. 344. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 0.646 percent of--
            (1) the budget authority provided for fiscal year 2004 for 
        any discretionary account in this Act; and
            (2) the budget authority provided in any advance 
        appropriation for fiscal year 2004 for any discretionary account 
        in the Department of the Interior and Related Agencies 
        Appropriations Act, 2003.

    (b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in subsection (a); and
            (2) within each such account and item, to each program, 
        project, and activity (with programs, projects, and activities 
        as delineated in the appropriation Act or accompanying reports 
        for the relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation Acts, as 
        delineated in the most recently submitted President's budget).

      TITLE IV--THE <<NOTE: Flathead and Kootenai National Forest 
Rehabilitation Act of 2003. Wildfires. Montana.>> FLATHEAD AND KOOTENAI 
NATIONAL FOREST REHABILITATION ACT

    Sec. 401. Short Title. This title may be cited as the ``Flathead and 
Kootenai National Forest Rehabilitation Act of 2003''.
    Sec. 402. Findings and Purpose. (a) Findings.--Congress finds that--
            (1) the Robert Fire and Wedge Fire of 2003 caused extensive 
        resource damage in the Flathead National Forest;
            (2) the fires of 2000 caused extensive resource damage on 
        the Kootenai National Forest and implementation of 
        rehabilitation and recovery projects developed by the agency for 
        the Forest is critical;
            (3) the environmental planning and analysis to restore areas 
        affected by the Robert Fire and Wedge Fire will be completed 
        through a collaborative community process;
            (4) the rehabilitation of burned areas needs to be completed 
        in a timely manner in order to reduce the long-term 
        environmental impacts; and
            (5) wildlife and watershed resource values will be 
        maintained in areas affected by the Robert Fire and Wedge Fire 
        while exempting the rehabilitation effort from certain 
        applications of the National Environmental Policy Act (NEPA) and 
        the Clean Water Act (CWA).

[[Page 117 STAT. 1319]]

    (b) The purpose of this title is to accomplish in a collaborative 
environment, the planning and rehabilitation of the Robert Fire and 
Wedge Fire and to ensure timely implementation of recovery and 
rehabilitation projects on the Kootenai National Forest.
    Sec. 403. Rehabilitation Projects. (a) In General.--The Secretary of 
Agriculture (in this title referred to as the ``Secretary'') may conduct 
projects that the Secretary determines are necessary to rehabilitate and 
restore, and may conduct salvage harvests on, National Forest System 
lands in the North Fork drainage on the Flathead National Forest, as 
generally depicted on a map entitled ``North Fork Drainage'' which shall 
be on file and available for public inspection in the Office of Chief, 
Forest Service, Washington, D.C.
    (b) Procedure.--
            (1) In General.--Except as otherwise provided by this title, 
        the Secretary shall conduct projects under this title in 
        accordance with--
                    (A) the National Environmental Policy Act (42 U.S.C. 
                4321 et seq.); and
                    (B) other applicable laws.
            (2) Environmental assessment or impact statement.--If an 
        environmental assessment or an environmental impact statement 
        (pursuant to section 102(2) of the National Environmental Policy 
        Act (42 U.S.C. 4332(2)) is required for a project under this 
        title, the Secretary shall not be required to study, develop, or 
        describe any alternative to the proposed agency action in the 
        environmental assessment or the environmental impact statement.
            (3) Public collaboration.--To encourage meaningful 
        participation during preparation of a project under this title, 
        the Secretary shall facilitate collaboration among the State of 
        Montana, local governments, and Indian tribes, and participation 
        of interested persons, during the preparation of each project in 
        a manner consistent with the Implementation Plan for the 10-year 
        Comprehensive Strategy of a Collaborative Approach for Reducing 
        Wildland Fire Risks to Communities and the Environment, dated 
        May 2002, which was developed pursuant to the conference report 
        for the Department of the Interior and Related Agencies 
        Appropriations Act, 2001 (House Report 106-646).
            (4) Compliance with clean water act.--Consistent with the 
        Clean Water Act (33 U.S.C. 1251 et seq.) and Montana Code 75-5-
        703(10)(b), the Secretary is not prohibited from implementing 
        projects under this title due to the lack of a Total Maximum 
        Daily Load as provided for under section 303(d) of the Clean 
        Water Act (33 U.S.C. 1313(d)), except that the Secretary shall 
        comply with any best management practices required by the State 
        of Montana.
            (5) Endangered species act consultation.--If a consultation 
        is required under section 7 of the Endangered Species Act (16 
        U.S.C. 1536) for a project under this title, the Secretary of 
        the Interior shall expedite and give precedence to such 
        consultation over any similar requests for consultation by the 
        Secretary.
            (6) Administrative appeals.--
        Section <<NOTE: Applicability.>> 322 of the Department of the 
        Interior and Related Agencies Appropriations Act, 1993 (Public 
        Law 102-381; 16 U.S.C. 1612 note) and section

[[Page 117 STAT. 1320]]

        215 of title 36, Code of Federal Regulations shall apply to 
        projects under this title.

    Sec. 404. Contracting and Cooperative Agreements. (a) In General.--
Notwithstanding chapter 63 of title 31, United States Code, the 
Secretary may enter into contract or cooperative agreements to carry out 
a project under this title.
    (b) Exemption.--Notwithstanding any other provisions of law, the 
Secretary may limit competition for a contract or a cooperative 
agreement under subsection (a).
    Sec. 405. Monitoring <<NOTE: Establishment.>> Requirements. (a) In 
General.--The Secretary shall establish a multiparty monitoring group 
consisting of a representative number of interested parties, as 
determined by the Secretary, to monitor the performance and 
effectiveness of projects conducted under this title.

    (b) Reporting Requirements.--The multiparty monitoring group shall 
prepare annually a report to the Secretary on the progress of the 
projects conducted under this title in rehabilitating and restoring the 
North Fork drainage. The Secretary shall submit the report to the Senate 
Subcommittee on Interior Appropriations of the Senate Committee on 
Appropriations.
    Sec. 406. Sunset. The authority for the Secretary to issue a 
decision to carry out a project under this title shall expire 5 years 
from the date of enactment.
    Sec. 407. Implementation <<NOTE: Publication. Public 
information.>> of Records of Decision. The Secretary of Agriculture 
shall publish new information regarding forest wide estimates of old 
growth from volume 103 of the administrative record in the case 
captioned Ecology Center v. Castaneda, CV-02-200-M-DWM (D. Mont.) for 
public comment for a 30-day period. The Secretary shall review any 
comments received during the comment period and decide whether to modify 
the Records of Decision (hereinafter referred to as the ``ROD's'') for 
the Pinkham, White Pine, Kelsey-Beaver, Gold/Boulder/Sullivan, and Pink 
Stone projects on the Kootenai National Forest. The ROD's, whether 
modified or not, shall not be deemed arbitrary and capricious under the 
NFMA, NEPA or other applicable law as long as each project area retains 
10 percent designated old growth below 5,500 feet elevation in third 
order watersheds in which the project is located as specified in the 
forest plan.

[[Page 117 STAT. 1321]]

    This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 2004''.

    Approved November 10, 2003.

LEGISLATIVE HISTORY--H.R. 2691 (S. 1391):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 108-195 (Comm. on Appropriations) and 108-330 (Comm. 
of Conference).
SENATE REPORTS: No. 108-89 accompanying S. 1391 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            July 16, 17, considered and passed House.
            Sept. 17, 18, 22, 23, considered and passed Senate, amended.
            Oct. 30, House agreed to conference report.
            Nov. 3, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
            Nov. 10, Presidential statement.

                                  <all>
Department of the Interior and Related Agencies Appropriations Act, 2004

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